The Express.
London, England, 1848-05-01 00:00:00

THE EXPRESS, MONDAY EVENING, MAY 1, 1848. -

country, great and just irritation had been
caused by the refusal of ministers to commence a re-
adjustment of our system of taxation Mid expendi-
otz;:r their perms ing in the old, slovenly, and
vs routine, and incresaisg instead of diminish-
ing the estimates in altar of nevronted and general
pecuniary pressure. his exasperation directed the
mindsof men more earnestly and impatiently than ever
to the question of financial reform, not so much as a
means of allaying the immediate distress, as of pre-
venting future visitations from being aggravated in like
manner by wanton and aimlesse xpenditure of the public
monies. The tame and servile support which the House
of Commons gave to ministers in opposition to the in-
terest and wishes of the comn unity at large, set men
upon scrutinising more narrowly the composition of
that house, and the result was a deliberate conviction
that from the sympathy and sense of justice of an se-
eembly so constituted the people have nothing to hops.
The apprehensions of disturbance created by the silly
and wicked ravings of some bode -fens who have
usurped tke name of chartists, called forth the demon-
strations in support of order we have so recently wit-
nessed in the manufacturing districts and the metro-
polis , • and a fear of being misunderstood by the work-
ing clauses, whose chosen champions the blusterers
pretended to be, made the reformers who on these
occasions rallied round the constituted authorities
more than ever anxious to show by deeds as well
as words their desire to urge on constitutional reform.
Now it Lord JOHN RUithELL, or Sir ROBERT PEEL,
or the Duke of WELLINGTON have a sound and effi-
cient measure of constitutional reform, or a sound and
efficient measure of financial reform in readiness, let
him promulgate it, and by all means let the people
rally to its support. Bat as none of these statesmen
have as yet given even a hint of having such a mea-
sure in 'reins, why the people must in the meantime
seek to do their own work in the best way they can.
And however rude and scrambling that way may ap-
"
pear to " the tine critic wielding his delicate pen,
with our versions of the histories of Catholic Emanci-
pation, the Reform Act, and Corn Law Repeal fresh in
our memories and faiths, we believe they may sacceed
by it in bringing government to terms now se they
have done before.
It is objected to the reformers who have already
taken the field that their plan of reform is not suffi-
ciently definite. It would be premature to insist
dogmatically on a definite plan at present. Upon the
necessity of an extensive change in our electoral
system there is a pretty general agreement. But to
have any chance of success the measure of reform
proposed must be supported by the reformers in
all the various districts of the kingdom, and by
the reformers both of the middle class and of the
working-class which unites with them. Inquiry
is necessary to learn how far the views of all
parties coincide ; friendly discussion to explain
and obviate differences of opinion and to select the
essential points upon which all can be brought to work
in harmony. It is agreed that the undue power and
influence of the aristocracy in the return of members
to the House of Commons must be circumscribed and,
if possible, destroyed; and that means must be adopted
to let the opinions and wishes of the working classes be
outspoken in the llouse of Commons. The movement
is yet too much in its infancy to admit of individuals
propounding with advantage a definite measure fur
the attainment of these aims. The meeting at
Manchester judged more wisely when it resolved upon
issuing circulars with a view to ascertain the wants
and wishes of the general public.
We observe that, in a good many papers, metmpo-
litan and provincial, recourse is unblushingly had to
a very stale fallacy, with a view to disgust indepen-
dent-minded men with the new movement. It is
assumed that some one person or several persons
are warping the lead in it, and reformers are
then tauntingly asked will they follow such
leaders. No symptoms of such usurpation have
yet reached our knowledge, and from what we know
of the state of public feeling, we unhesitatingly
pronounce such usurpation impossible. Considering
the querters whence the imputations have come, there
is little reason to appreheed much danger from them.
They afford, however, an opportunity of warning re-
formers against those petty personal jealousies which
have rendered abortive many • promising effort for
reform, and to suggest to those upon whom accident
has conferred the distinction of being first in the field
the expediency of being on their guard against
giving even apparent cause for them. Every move-
ment must have its leader or leaders ; but the office
can neither be usurped or given ; it falls as a matter
of course to those who, by their superior intelligence
and activity, come in the course of time to be placed
habitually in the van.

I.smeavtee. has overcome the wild ultra repub-
licans and communists by giving them full fling,
letting them speak out, indulge in pl t, menace, and
demonstration, during two whole months. LAMAR-
TINE and the moderates had nothing to do but re-
main quiet, whilst the furious party undid them-
selves in public opinion.
Lord CLARENIX/N seems, with similar foresight, to
have allowed the Young Irelanders to play their
pranks before high heaven. His lordship prepared,
indeed, to repel and neutralise any actual danger, but
however menaced and tormented by such brawling
foes, he remained on the defensive. Public opinion
I in Ireland, even among repeaters, has had time and
opportunity to form a correct judgment of the maniac
politicians of repeal. And now, the gov, rnment of
Ireland seems seriously and actually assuming the
offensive, whilst the generale, who so lately threat-
ened the empire, are fast retreating into corner,.
The law will deal with the ringleaders. The procla-
mation of Dublin as a disturbed district will put an
end to pike.buyieg and title-practice.
The change in the legal mode of proceeding
against the young Ireland delinquents will na-
turally give rise to considerable difference of
opinion amongst lawyers, and to much misre-
presentation amongst the unlearned. The facts
are simply these : Indictments for sedition having
been found by the grand jury against Meese..
O'Betee, MEAGIIER, and MITCHELL, a plea
in abatement was entered on behalf of one of
the traverser', which if adjudged valid by the
Court of Queen's Bench, would have had the
' effect of setting aside the indictment, and which, even
though it were overruled in the first instance, might
be set up after trial and conviction as ground for
a writ of error, the uncertainty attending which the
example furnished by the case of the " Queen v.
O'Connell and ',there" abundantly proved. Under
such circumstances, whatever the opinion of the
crown lawyers might be as to the validity of the
plea in abatement, it does not appear strange that
they should have desired to disentangle the case, if
possible, from the coil of doubt and misgiving which
mast have thus inevitably encompassed it.. The course
they have consequently pursued has been that of
abandoning formally the impugned bill of indictment,
and substituting iu its stead an ex qffirin information
equivalent thereto in all particulars. Having
adopted this course in the case of ono of the
parties inculpated, it seemed but right, though techni-
cally unnecessary, to adopt it in each of the others;
and thus the entire proceeding must be henceforth
taken as resting upon the indictment, or, as it is
called, information, tiled by virtue of :his office by the
ATTORNEY-GENERAL, in lieu of an indictment or bill
of accusation found by a grand jury.
It is impossible to disguise from ourselves that in
abstract principle, and in general practice, the differ-
ence between the two modes of proceeding is im-
mense. The one is the free and presumably impartial
verdict of a jury upon the question submitted to
them, whether there is not, prima facie, a case de-
manding judicial investigation, as stated against the
accused. It is a matter of daily experience that
frivolous and vexatious charges are frequently thus
got rid of; and the barrier which such a preliminary
tribunal interposes between wanton accusation and
innocence, is a great safeguard of public and
of individual liberty. On the other hand, the
alternative power of putting a man upon his
trial, by virtue of an allegation formally
set forth by the first law officer of the crown, savours
much of the ancient ways of prerogative ; and even in
these days, when executive power is fain to speak
comparatively " with bated breath and whispering
humbleness, is unquestionably capable of being
abused "to the harrusement and unworthy provoea-
I tion of the subject who aforethought and of prepense
meaneth no evil," as the good jurist bath
it. We strongly feel the force of the ob-
jections that have at all times lain against
the pc,.“ r of filing informeions in political
cases. In :, sound and healthful state of society,
it is itici,y possible to conceive how any such
power cout,l ever form an indispensable or de-
sirable privilege of authority; and where its exercise

Is neither politic nor unavoidable, no ane of ordinary
sense or judgment would advocate its being retorted
to. Where an anemia and consequently insecure
condition of things prevails, we own that the right
of ex-ejtdo indictment may frequently be a matter
of necessity, rather than choice.
All governments must be allowed the means of
self-defence• . and it were well if arbitrary govern-
ments never mated to worse means of self-defence
than that which we are adverting to. If an execu-
tive, which is virtually appointed by, the popular
branch of the legislature, and which is confessedly
responsible to that assembly for every act which tt
performs—cannot in any particular locality rely upon
the fearlessness and faithfulness of a grand jury in
questions relating to the preservation of the public
peace, or other matters equally important,—it would I
seem to be an over sensitive and fastidious zeal for
individual freedom that would inhibit all inquiry
being raised or a trial being had, according to the law,
in open court, before a competent judge and jury I
upon the merits.
At the same time let it be confessed that the con-
dition of a country where a grand jury cannot be so
relied on to do their duty, must of necessity be one
urgently and imperatively demanding thorough
reconstruction and reform. And perhaps the
most conclusive defence of el qfficio proceed-
ings is that which impugns the capacity or
fidelity of the legislature. lie this as it may, we
should view with unqualified regretthe implied weak:
ties. of a deliberate or practical return to the
steep and narrow paths of the prerogative in the ad-
ministration of the laws in Ireland; and if we be-
lieved that in the present case any symptom of such
a tendency could be fairly traced, we should not
hesitate loudly to condemn it. False prophets, like
%Ir. MITCHELL and his associates, may be
undeserving of any peculiar forbearance or considera-
tion. We should be disposed to show them none.
" They bewitch the unwary with their evil words,
and lure the unwise to swift destructim." We be-
lieve them to be the foes of order, progress, liberty,
and peace. We have neither sympathy nor respect for
them. Still we would that they were tried as other men
are tried, and, if guilty, sentenced as other men are
sentenced, not only for the sake of justice but of policy.
We have no faith in an energy beyond the law ;
or in dealing hardly with one man to deter others
from imitating his example. And if, therefore, we
repeat it, the late change of proceeding in the Court
of Queen's Bench in Ireland appeared to be a virtual
or substantial denial to these men of any privilege or
right upon whose benefit they might have reasonably
counted, we should not feel justified in withholding
our condemnation.
But it is really not so. The indictments were
originally found by the grand jury in the ordinary
way. To the finding, but one objection was raised—
namely, that one of the body being an elected (and
personally unimpeached) member of the town council
of Dublin, ought not, according to a particular
statute, to have been placed upon the grand jury.
Confessedly the objection was i.urely technical. It
is not even denied that the grand jury of twenty-
three members were unanimous. This alleged defect
has been cured by subdituting sn official finding for
one in the usual mode. The form may be in general
an objectionable one, but clearly no wrong or injury
whatever can be done to the parties now arraigned so
far as a trial of their case upon the merits is involved.

FRANCE.

PARIS, SATURDAY, 6 P.M.
The examination of the returns was concluded last
night at a late hour, at the WM-de-Ville. From
nine o'clock in the morning, detachments of the
national guard lined the square in front of the build-
ing. In the Hall of St. John an immense platform
was erected,with benches and tables for the scrutators
delegated from the several mairies and the cantons of
the banlieiw. About two hundred persona were em-
ployed at these bureaux.
When the operation was completed by the votes of
the army and the garde-mobile, being combined with
those of the arrondissements, the mayors of the arron-
dissements, with M. Armand Marrast at their head,
advanced and proclaimed the following thirty-four
members elected to represent in the National Assembly
the department of the Seine :
• 'rhea marked were members of the late chamber.
•• Thus marked were members of former chambers,
bat not of the late chamber. M. Moderate republi-
cans, understood to entertain the opinions of the ma- I
jority of the Provisional Government. U. Ultra de-
mocrats, communists, &c., Sze., understood to coincide
with the minority of the Provisional Government. G.
Members of the ProvMenal Government. C. Mem-
, hers of the Provisional Cabinet. ? Doubtful.
I. Memartine ... 2.59,800 G.C.M.
2. Miclinnt (do l'Eure)
3. *Francon Arms
4. *tinnier Pees
5. Marren
6. *Mane, Mayor of Faris, and editor dI rfatlensi 323,776 O.C.M.
7. sCr3inieux
8. Wronger, poet
9. Carnet .
111. Lietbm.t
11. Danner, General Ccinmandent of the Garde
Mobile
12. *Ferdinand de Inetayrle
13. •Vavin
14. Casalipiae, Geneesl-00nren of Algeria. 191,167 M.
15. *Berger, Mayor of Anaidievereent
Di. Pagnerre, Secretary-General to Pronekeel Gls
vernotest
17. Beebe; AdJoint to the Mayor of
of ...-- 113,678 M.
IS. 00.3onnenin, Preaideet of Council of Stale. 133,050 M.
19. Onion, °urn. r, career to wood, and primilpal
editor of L'A Wier
SO. Caureadi.re, Preleet of Pollee 133.775 U.
21. Albert, ounier
22, Wolceokl, Professor at Ocenerratalre des Ana
et Menet+,
23. Nolan, ourrier, dadisseket
21. SLedro-Itollln 131,387 G.C.U,
25. J. P. Schmitb, Milne des meats 124,363 M.
2S. Flacon
27. LOW, Blanc 111,140 G.U.
24. Hemet, AdJoint to Mayor of P'srls
29. Agi iool Prdiguler, canner,
30. Jules Ita•tide, Sub-Seeretary=fr Illitry
of Foreign Winn
31. Corvine', Protestant Mininer
IR. •Garisoa
33. lislnard. CAlonel of artfustyce Sashimi Guard 1116,262 M.
34. L'AbbA de Lamennsls
It thus appears that the 34 members for the de-
partment of the Seine may be elaswd as follows :
Nloderates, 25 ; ultra democratic, &c., 4 ; doubtful, 5.
'llere are among them 12 ex-deputies, 2 journalists,
3 ouvriers, 1 catholic clergyman, and 1 protestant

clergyman.
.As might be expected, M. Ledru-Rollin and his
party are not over-pleased with the position into
which they are thrown by the result of the elections.
Their organ, La X, forme, thus expresses itself on the
subject :
We expected that the elections would be very bad, but the
result, it must be avowed, has exceeded our expectation.
We have sail under what influence the ballot was everywhere
opened. The functionaries of the fallen reign had only to
follow the track which the practice of seventeen years must
have rendered easy: The monarchic tree, which we only
pruned, has borne its fruits. It was this league of royal
functionaries that the commissaries of the government hail
the mission to counteract without doubt • but the latter had
at the same time to promote their candhlateehipa, and when
they did nut compromise with the partici who could injure
them, we may at least believe that they refrained from irri-
tating them. In that generally, and with some exceptions,
has their dictatorship resulted. We could not desire more to
show that all the circulari of the citizen Minister of the Inte-
rior were right, if they required to he justified. When we
demanded that the incompatibility of the royal commissaries
in the departments with the administration of which they
were charged should be formally decreed, our precaution, as
has been seen, was correct. The reaction has done the rest.
It has also continued the system of the monarchy ; it has
sounded the alarm, cried communism and anarchy, and it
was under this sort, of panic that many good people
voted. But let us have patience. The ballots are change-
able, and we are gifted with per.everance which nothing can

discourage.
On the other side Le Commerce says : I
The first trial of universal suffrage has just been completed
from one end of France to the other, and it gives a mark. 11
contradiction to those who suspected the good sense of the
nation. The elections already in great part known are at
the same time republican and moderate. France has pro-
claimed, by an immense majority, names which are for her
the symbol of order and liberty. We salute with all our
hearts this triumph of moderation and public reason. We
salute it, becase we are sure that this moderation will not
be retrograde. It is not any longer concessions which suffice
—it is large satisfactions which the popular interest has a
right to 'demand, identical as it is with the well-understeod
interest of the burgess party. The burgess party has com-
prehended that, and thanks be rendered to it for doing so !
Names belonging to the people, names of workmen, have is-
sued in a certain number from the electoral urn. All classes,
if thero be classes, will be represented. The old Left occu•
pies a considerable place in the elections, and it was only just
Slim it should do so. It would have been ingratitusi" on the
part of the young republic to dismiss that vanguard which
had fought the last combats of liberty. The republi: is
strong enough to forget that the lade was a moment bur-
prised, not to say m +re, at having gained the victory too well.
Thee men were besides in general prepared for the regime
which they were unwise enough to postpone to a future
time, mar. or ltss near, more or less distant. The rapidity
of their co-.vcrsion is for us not a calculation of duplicity, as
has been falsely affirmed, but a sincere and boodle& pledge