The Express.
London, England, 1847-07-31 00:00:00

TOUSS

No. 287.1 LONDON, SATURDAY EVENING, JULY 31, 1847. [3d.

of the subjects enumerated. thug' and in the same manner,
as to render any attempt to make it more explicit, idle and
futile; and that those who admit the rightful application of
the power to foreign 0001UARTVO, by facilitating and protecting
its operations, by Improving harbours and clearing out navi-
gable rivers, cannot consistently deny that it equally author-
lies similar facilities to " commerce among the mates."
7. That " foreign commerce" itself Is dependent upon
internal trade for the distribution of its freights, and for the
means of paying for them, so that whatever improves the
one, advances the other; and they are so insepareble that
they should be regarded as one. That an export from the
American shore to a British port in Canada is as much
foreign commerce as if it had been carried directly to Liver-
pool, and that an exportation to Liverpool neither gains nor
loses any of the characteristics of foreign commerce, by the
directness or circuity of the route, whether it passes through
a custom-house on the British side of the St. Laurence, or
descends through that river and its connecting canals, to the
ocean, or whether it passes along the artificial communica-
tion• and natural streams of any of th 2 states to the At-
lantic.
_ . . .

to comprehend all persons dissenting from the church of
England, excepting such as deny the Trinity, whether pro-
testant dissenters or not. The whole question therefore must
turn upon this, whether the intention of the set is to be con-
sidered as controlled by the wording of the title; for if not,
then the act as extended by this statute of 5.3 Geo. 111. is
applicable to Jews se well as to all other dissenters. The fol.
owing opinion of Lord Hardwieke will, it is conceived, be
sufficient to show that it ought not to be so considered, inas-
much as it is a general rule that the operation of a statute is
not to be controlled, by the wording of its title. The learned
judge, in commenting upon the statute of Mortmain, 9 G. 111.,
said, "I think the Intent of the act is taken up much too
short; for the title is no part of the act, and hu often been
determined not to be so; nor ought it to be taken into con-
sideration in the construction of this set, for originally there
were no titles to the acts, but only a petition and the king's
answer, and the judges thereupon drew up the act into form,
and then added the title ; and such title was only a direction
to find it out by amongst the rolls of parliament, and at this
day the title does not pus the same forms as the rest of the
set; only the speakrr, after the act is pawed, mentions the
title and puts the question upon it: therefore the meaning
of this act is not to be inferred from the title, but we must
consider the act itself"

8. That the general government by extending its juris-
diction over lakes and navigable rivers, subjecting them to
the same laws which prevail upon the ocean, and on its
bays and port+ not only for 'purposes of revenue, but to give
security to life and property, by the regulation of steam-
' boats, has precluded itself from denying that jurisdiction
for any other legitimate regulation of commerce. If it
has power to control and restrain, it must have the same
power to protect, assist, and facilitate, and if it denies the
jurisdiction in the one mode of action, it must renounce it in
the other.
9, That in cocurequenese of the peculiar dangers of the na-
vigation of the lakes, arising from the want of heehaws for
shelter, and of the western rivers from snags and other
obstructions, there are no parts of the United States more
emphatically demanding the prompt and continued care of
the government to diminish those dangers, and to protect
the property and life expoied t o them; and that nny one
who can regard provisions for those purposes as sectional,
local and not national, must be wanting in information as to
the extent of the commerce carried on upon those lakes and
rivers, and of the amount of teeming population oxupied or
interested in that navigation.
10. That, having regard to relative population and to
the extent of commerce, the appropriations heretofore
made for the interior rivers and lakes and the streams con-
necting thou' with the ocean, have not been in a just
and fair proportion to those made for the benefit of the
ports, harbours, and navigable rivers of the Atlantic coast;
and that the time has arrived when this injustice should to
corrected in the only mode in which it can be done, by the
united, determined, end persevering efforts of those whose
rights have been overlooked.
11. That independent of this right to protection of
" commerce among the states," the right of " common
defence" guaranteed by the constitution, entitles those
1 citizens inhabiting the country bordering upon the in-
terior lakes and rivers, to such safe and convenient hero
hours as may afford shelter to a navy whenever it 'hail
be rendered necessary by hostilities with our neighbours;
end that the construction of auth harbours cannot safely
be delayed to the time which will demand their Mime.
diate use. . .

But further, it would appear, from the provisions of the
seventeenth section of the act of WSllism and Mary, that the
legis'ature at the time it was passed, conceived that the
words of the title were not sufficient of themselves, so to con-
trout the operation of the statute as necesserily to confine it
to protestant dissenters; because, the words of this section
declare, that " nothing therein contained shall extend to the
relief of papists or popish reeasents"—a provision which
would not have been necessary if the controlling force of the
title of the apt eothad been acknowledged. It is conceived
there/bre; is no good ground fur the supposition
that the Jews are not within the operation- et-the at of
Toleration."

The whole of the legal disabilities under which the Jews
now labour, (independently of the question as to their power
to held landed property) have, it is believed, been pointed
out ; unless, indeed, the provisions of the statute of Aerie,
by which they were compelled to provide for their children
wh may be converted to Christianity, is to be considered as
imposing a disability upon them.
There is, however, one peculiarity in the law with respect
to the Jews which remains to be mentioned, namely, that
they are excluded from the operation of the marriage act,
and therefore all their marriages are celebrated according to
the rites of their own religion. The legality of marriages so
solemnised, has been often recognised ; and if any question
arises upon them, it is determined by the Jewish law, which
is ascertained in the same way as a foreign law, by the testi-
mony of its professors.
Before concluding the present branch of this treatise, it
should be noticed that as the law now stands, the Jewish
religion seems to a certain extent t. bo considered illegal.
For it has been decided, that a legacy cannot be supported
which is given to establish a Jeatiba for the instruction of
Jews in their religion, or to maintain a synagogue. It is,
however, no objection to a charitable bequest, that the
objects to be benefited are Jews. And in a late case, where
an action was brought, an objection taken on behalf of the
defendant, that such an establishment wus contre.ry to law,
was overruled by the present Lord Tenterelen, then Mr.
Justice Abbot. Ar.d on a very recent occasion, where the
right of electing the vicar of a parish was vested in the
parishioners, it is understood that Lord Eldon was of op:nion
that Jews were entitled to vote in the election, but that
Roman catholic were not.
___

12. That the argument most commonly urged against
appropriations to protect "commerce among the states,"
and to defend the inhabitants of the frontiers, that they
invite sectional combinations, to insure success to many
unworthy object., is founded or &practical distrust of the
republican principles of our government, and of the capacity
of the people to select competent and honest representatives.
That It may be urged with equal force against legislation
upon any other subject, involving various and extensive
interests. That a just appreciation of the rights and
interests of all our fellow-citizens, in every quarter of the
Union, disclaiming selfish and local purposes, will lead intel-
ligent representatives to such a distribution of the means in
the treasury, upon a system of moderation and ultimate
equality, its will in Cme meet the most urgent wants of all,
and prevent those jealousies and suspicions which threaten
the most serious dangers to our confederacy.
13. That we are utterly incapable of perceiving the dif-
ference between a harbour for /Acker and a harbour for
commerce, and suppose that a mole or pier which will afford
safe anchorage and protection to a vessel against a storm,
must necessarily improve such harbour, and adapt it to com-
mercial purposes.
14. That the revenues derived from imposts on foreign
goods belong to all the people, and the public lands being
the common heritage of all our citizens, so long as these
resources continue, the imposition of any special burden on
any portion of the people, to obtain the mean& of accomplish-
ing objects equally within the duty and the competency of
the general government, would be unjust and oppressive.
1.. That we disavow all and every attempt to connect the
cause of internal trade and of " commerce among the
states," with the fortunes of any political party, but that
we seek to place that cause upon such immutable principles
of truth, justice, and constitutional duty, as shall command
the respect of all parties, and the deference of all candidates
for public favour.

It seems formerly to have been doubted whether a Jew
could be a good witness. This doubt is however now ex-
ploded, and the testimony of a Jew is admitted, ou his being
swore upon the old testament.
By the bye-laws of the city of London, Jews were unable
to take up their livery or freedom in that city.—Blangs
History of Me Jews in England.

AN EXPENSIVE AND LOST JOURNEY.—An elector
of Abingdon, named Copeland, on presenting himself at
the polling booth on Thursday, was objected to by Sir F.
Thesiger (it being well known that he was going to vote
for General Caulfeild); and the mayor having decided to
receive the vote, the elector, in mistake, then gave it to Sr
F. Thesiger, instead of to the general. " This unfortunate
elector," says a urrespondent, " absolately travelled between
three or four hundred miles, and at the exist nee of the
gallant opponent of Sir Frederick, for the express purpose
of voting for the general. It appears that the lib.ral party
az. Abingdon, finding that they should be ' closely run' by
their opponents, sent special summers far and wide to
brine their friends to the pol. Mr. Copeland being on a visit at
Boulogne, a estranger wan despatched there to him, On
arriving, it was found that he bad gone to PAY* whither the
messenger proceeded, and no time was lost, after the voter
was found, in setting out from the French capital for
Abingdon, where he arrived on Thursday morning " in hot
haste," having only left Paris after breakfast, on the pre-
ceding day. Sir F . Thesiger, is very little doubt, must
have felt himself greatly obliged to tke friends of the general
for the great rains and trouble they took (to say nothing of
the expense) to bring a voter all the way from Paris to give
him a vote. Had Mr. Copeland not made so singular a mis-
take, the numbers for each candidate on the poll would have
been even ; leaving the casting vote to the mayor, who, it
is said, would have recorded it in favour of General Caul-',
fend, and, thus far, have secured his return."
SUICIDE OF THE CONVICT MART ANN MILNER.—
Our readers may remember that this woman was found ,
guilty at the Lincoln assizes, July 20, of the murder of her
mother-in.law, by poison, at Barnetty.le-Wold. She was to
have been executed yesterday at twelve o'clock, but during
the preceding night she an' icipated hersentence,by ausnof-
, ing herself with a handkerchief from the knob of a cupboard
door. So determined se.' she in effecting her purpose that,
the knob not being high enough from the ground, she knelt
down, and by throwing the whole weight of her body forward,
produced strangulation.

JEWISH D 1

THE situation of the Jewr, and the nature and
extent of their disabilities, prior to their banishment, having
been pointed out, it remains to be considered what is the
present state of the law as regards them. If the supposition
which has been adrancesl be correct, namely, that the dis-
abilities under which the Jews formerly laboured, (inde-
pendently of their title to land,) arose entirely out of the
circumstance of their standing in the relation of villeins
or serfs to the king, there can, it is apprehended, be no
ground for asserting that they are, in this respect, under any
uesabilities at the present day, owing to the former state of
the law; for it can never be contended that they are at
present the villeins of the king. Any restraints, therefore,
which now attach upon them, must be the effect of some
more recent previsions. As far as regards their general
rights of property, (as distinguished from their right to hold
or take real estates), no law whatever has been pawed, which
his reference to them, more particularly than to other per-
sons; and as to those rights, therefore, they are on an
equality with the rest of the nation.
But though there are no existing impedimenta in this re-
spect, the Jews nevertheless labour under vl ry considerab:e
disabilities, as to their capacity to fill a „great variety of offices
and duties. These disabilities are occasioned by the neces-
sity which the law imposes upon persons filling those duties
and offices, to take the oath of abjuration, as finally settled
by the 6th of Geo. 111., and to make the declaration subati-
tuted in the place of the sacramental test, by the statute
9 Gee. IV. Both the oath of abjuration and the declaration
contain the words, "upon the true faith of a Christian," and
of course, therefore, cannot be subscribed to by a Jew. The
offices and duties from which Jews are excluded, by the
necessity of subscribing either to the oath or the declaration,
will be best understood by pointing out the cases in which
either the oath, or the declaration, or both, are required.
The declaration and the oath of abjuration arc both required
from 01 persons holding any office, civil or military, or any
place of emolument or trust under the crown. The oath of
abjuration, but not the declaration, must be taken by all per-
sons tilling offices in either of the universities of Oxford or
Cambridge, and by 01 members of colleges there that are on
the foundation, or enjoy any exhibition; also by all persons
teaching in those universities or elsewhere, by all schoolmas-
ters and ushers, by serjeants-at-law, barristers, &Hornell,
solicitor., proctors, or notaries, or clerks practising in any of
the courts of law in England; by all high and chief con-
stables, by all persons voting at elections for members of par-
liament, and by 01 members of either house of parliament.
The declaration, but not the abjuration oath, is required
I from all persons who shall fill any office, or be employed In
lany corporation.
With respect to those cases in which the oath of abjuration
alone is required, (as it is, in most cases, not demanded be-
fore admission, and six months' time after entering upon
the office is, by the acts, allowed for taking the oath,) the
annual act of indemnity generally affords a protection ; but
with regard to caws where the declaration is required, it is
a total bar to entering upon any office, as by the statute
9 Oeo. IV., it la required to be taken before admission.
In addition to these disabilities which the necessity of
taking the oath, and of subscribing to the declaration, im-
pose upon the Jews, it is imagined by some person., that
they are still subjected to the penalties from which it was
the object of the Act of Toleration, of the first of William
and Mary to afford relief. These penalties were imposed, by
certain statutes, passed in the time of Elizabeth, and James
the First, upon persons refusing or neglecting to attend
divine service in churches, or some other places of common
prayer. The Toleration Act, which was entitled "An Act
for exempting their majesties' protestant subjects dissenting
from the church of England, from the penalties of certain
laws," enacted that neither any of the abovementioned acts
of Elisabeth or James, or any other law or statute, made
against popish reeuaants, except the Test Act and acts re-
quiring oaths from members of parliament, should be con-
strued to extend to any person or persons dissenting from
the church of England, who would take the oath of alle-
giance and supremacy, and make the declaration against
transubstantion ; and that all and every the person and
persons that should take the said oaths, and make the said
declaration, should be free from any pains, and penalties,
and forfeitures, mentioned in another act of Queen Eliza-
beth, and in an act of 22 Charles ll.—By the seventeenth
clause, it was enacted that the Act, or anything therein con-
tained, should not extend, or be construed to extend, to give
any case, benefit, or advantage, to any papist or popish
iceusant, or to any person that should deny in his prea•hing
or writing, the doctrine of the Trinity, as declared in the thirty-
nine articles--By the statute 63 Geo. 111., c. 160, an much
of the Toleration Art of William and Mary as provides that
it should not extend, or be construed to extend, to give any
ease, benefit, or advantage, to persons denying the Trinity,
as therein mentioned es repealed.
The reason upon which it has been contended that the act
of first of William and Mary, as extended by 63 Geo. 111.,
does not afford relief to the Jews is this, that the Act of first
William and Mary, was intended for the relief of protestant
di.senters only, and that therefore, Jews cannot come within
its operation. This supposition is founded on the words of the
title of the act, which are, "An Act for exempting his
majesty's protestant sfilljects dissenting from the church of
Eogland from the penalties of certain laws." Upon reference,
however, to the statute, it will be foiand that the words
protestant dissenters" arc not used in the enacting parts
of the statute (applicable to the question) ; its operation,
therefore, unless controlled by the title, would be sufficient