The Express.
London, England, 1847-06-24 00:00:00

feared tharat
ra some lingering relic or it may
nnse Canton is est
to the Isiaht tillthat she the lapse diwo yamninathend sew es mei/ as then? Oar experiren
Oldness
is
bight to have taught r
time that is ewer east by them ft.
the puree mdse. .linless mine other 1.
bierveweithe gates of Cialoo will be as °beam.
boned wink ihe bride two years hence as nou
Ile *et oluallerbea the, may, it
_will only be when
Belli& asenetear are efff the liseedes; and it might
have erred the Mahe of sestbsrveyee. up the river,
had Sir Jost DAM insisted upyon- their
bol being un-
ted when he woe *we at rate.
The appeftensioas whichan Ws symptom of weak
compliance is alselated I. ensile are allayed, how-
ever, by the imevietioa that this belated movement at
Chaim will set be the Anal tensinationof these opera-
time Nye agree with the merchants at Canton that
the et of the city to foreigners ought to have
been iate, but we do not think that (apart from
=
awn could have been asked Aft has been ob-
The quarrel was a purely local one, and
maid only lead to local reparation. The visit of the
Valero and Espiegle to that city cannot, however,
tail to lead to renewed negotiations with the °en.
hal government. In an important report to the British
t on the proceedings of the Russian. in
government on
based on communications from M.
OUTZLAFF, it is intimated that the Russian mission
at Pekin has been allowed to assume a political elm-
meter; and an opinion is expressed that a similar eon-
often ought to be insisted upon by the Britiah go-
velment when our treaty with China comes to be re-
vised in 1851. The events at Canton afford =
and motive for claiming at an
Watt remplion of a permanent British en-
voy a the Chine capital. The weakness of the
local aftherltift so obvious at Canton, and the can-
sement neesseity =der which they are laid of con-
niving at lawless ails, pervadheso the whole Chinejse
In dispels between ops* PA =dm
wieghtwebt
_aeosat de jerliee is the Lome, and he
am act envie* at this to themeral govrnmt—
deae egh for eadotaine tw Wine the law—lest
be ilia be nand British teisiaints against
.04esis salessli have no charm of being heard and
.aisined, min the British eromi possesses the means
et amaimindbeg directly and immediately with the
elated goemmet at Pekin.
There can be no danger for China in allowing
Russia and Great Britain to maintain resident diplo-
matic agents at Pekin. It is for the interest of both
=that a great organised state like Chine
et along their frontiers and interpose be-
tween them, rather than a multitude of petty hordes.
And as for the other nations of the world, were
d or Russia alone to gain a footing at Pekin,
England or Runca alone to gain a footing at Pekin,
jsalouaies might exist of the favoured power seek-
to turn the privilege unduly to its own account.
Bet the one will counteract any attempt at
exclusive Masao, on the part of the other, even
though, what is little likely, France and the United
Mates should not insist upft sending ambassadors
also. Besides, the care taken by the representatives
of Great Britain, both at the peace of Nankin and
on the late occasion, to stipulate for the extension of
all concessions to other nations, is a sufficient guaran-
tee that we seek no exclusive advantage.

THE most brilliant and ban judged idea of this
electioneering crisis, always so fertile in new and ori-
ginal combinations, is certainly the proposal of Mr.
FERRAN)) as a member for the City of Dublin. We
, have always thought this politician as perfect a sample
at wrongheadedness and unscrupulousness as any Celtic
, land could produce. And strange enough it is, that a
"man could Its found, and that a Saxon, who was
marked by all the vices and extraragancies of O'Con-
, Neu, without one particle of his talents, his high
views, and his intellect.
, His transplantation to the Irish soil is indeed a
happy idea. The malcontent tories of that country
do-stind in want of an O'CONNELL,—an O'Conteitu,
1 sheen of hie intellect, and reduced to his vulgar quell-
[ tie,. The orange party, despite their rabidity, have
. still shown a great respect, in their choice of repro-
. sentatives, to the quality of gentleman ; and gentle-
men, if they have the virtue of discretion, have at times
the defect of prosiness. This, some think, may be re-
, medied by an importation of Saxon vulgarity to give
some Mrength to the attenuated politics and
harangues of the old English of the Pale.
It is indeed one of the oddities of the epoch, that of 1
1 late years Irish members have shown few Irish quali-
ties. With few exceptions, we have seen in them
little eloquence, or i%ellen, or irritability. Mr.
SNIT)) O'BRIEN has some of the obstinacy
of the Saxon, bat noose. the brilliancy of the Celt.
Mr. G aerrso hes madoessie saw and roulspeeches ;
but what voice diet Irish meabw has displayed the
irritability or the anti-Mdithal feeling o Mr. ROE-
B uci ? SirW. Bautox may have vied with Sir B. HALL;
bat the Irish honest heti lesson in his resentment,
yet wee evecesese by lie resering nod eidenlated
its et limfdanyleboss crater. One ORM sharpest
wad hist thampions 'of Irish Imilicird grievanee has
theidedfy been Mr. Balmy. nenOntrx. And here
we ere the Celt borrowing from the Saxon with the
hest abet.
We thinks therefore, that the Orangemen of the
Irish Conned weld not do better than lake Mr. FEB-
wan, who ealislaly Milo its great desideratum for
smoother of pmilment, via., Ins being miconnested
he say way, sea iseiedinenswi by any party or person,
thole either: MIND the government err could by
=maw* dermazim=seM. Mr. FRRRAND
Ere and manstosturers as
II mush se . Mager or Mr. Berl, and would vote
gm* against. their fiinOw their " devis dust'. in
dos gym at the pear Irish. Then the poor-law would
!Ain lbw ea mitagenist sr i fiery. i sta Lori litramisr
klausit souldalsdre. In short, than is not so earns,
1 tamsmetative at the old trim-blue part et the
serpsratioa—that almost extinct species in
brehusi—es Mr. Pennant,.
1 Ws might, indeed, area go further than this in be-
half et a dimwit(' candidate, and might urge, that
Mr. FURRED waa well adapted sot merely to Tows-
on* the curer a. but even Kenn of the liberal men
et the Irish rewnsiL Foe •edmore narrowness
did= and menneen et' ' ' wax never mon-
-114 Own in do wisdom of this y. The object of
its bad ilie was aothinig km than the eetablish-
Newt et 'tsWree.in Ireland, and the absorbing 1
thas_ase.....vinge=r agriculturists in other than
I.soshielt we have ourselves struck upon,
tic ban of thievery greatest importance. We should
have expected from an Irish council some information
en such a sobjeot —some views, some suggeetions. Bat,
no! not a scintilla of any kind starts from the collision
et the wits of the Irish council. They have but
the Magid, idle, superannuated twaddle ; all they
have to recommend is exclusive dealing and wearing,
a ow to use Irish manufactures, even worse and I
draw lima ether manufactures.
rish co.oa.
iht=i4rawl7senn odrastlyllefelt that their inferiority, what dithtee
Ragland arose from being mere delvers of the
ground ? Did they begin byylunitting that they
could never oompete with the iAguidt, and then take
refuge in exclusive dealing, RSA( such a bye-law could
stand valid for one year, or as if a capitalist would
UPI a factory on that ser,,arity ? Ne—they reflected
that every country has r.culiar advantages, and that the
'Ow art and spirit of e race depends on their making
Ws et these mature,. advantages, and appealing with
them to fair and ripen markets—fair and open compe-
-1 tition. The caned commercial policy of the Irish
Council is tat of the idle sneak, who wants
the heart as well as the skill to struggle with
ALni. dilticulq. If such be the wisdom of an
tallet turmoil, the Irish will remain—what they
ate. And, what is more, as long as they profess such
Petaciplas, they do not deserve to be better.
As long as they continue such, we should recom-
' ment ultra-liberal, and ultra-conservative, and ultra-
nation at to choose by all means such representatives
as Mr. FRAMED. He is the man that suits them.

Max are in the habit of complaining of "the
rievons uncertainty of the law." Common law is, in
its very essence, mysterious. At times it appears to
consist in an aggregate of judges' opinions. These
jodgmeate may- be wrong or right, maintained some-
times to of being wrong, and upset despite of
• ri The minutest circumstance may alter
the complexion of a case. But taking all dis-
turbing causes into account, knitting into one repul-
sive bundle the ignorance of one judge, the absurdity
of another, the lax concession to the spirit of the law
of a third. the blind subservience to its letter in a
fourth, adding---to makeconfusion worse confounded—
the stupidity and wilfulness of juriesl the quibbling
ingenuity and honey-tongued pennianon of the bar;

at
that of ceetiefF ir4"
1 kii
• VIP 1g
Stephen's' ' the las esileotivi#'
dam, were y idappeil..or made le mg With'
clear oomnsen Nam migeibmed grandam, wad of
the turbid and murky.mindinses of the timemmie of
clauses which it now impede forth y r IVORY
leader on circuit, every silk gewn oe
in Westminster Hall, sees in each am ' a
nest of little eggs of litiglitiak lel every gle-
Bible suitor, were he not 'racked, iiiimisd to me a
future, might discern, within the seine cover", a
PANDORA'S box of attorney's bills, nomesits, adverse
verdicts, under which poor Horn I. lying well
nigh smothered. We prophesied pretty WILY
when we said of the Small Debts Act that we
could not anticipate for it an exemption from the,
common lot of new measures. Every . snoemeive
edition, from the more ambitious live-shills:lg book MI
Temple-bar and Chancery-lane law publishes, deem
to the lambi, penny brochure of the impiedeliemel•
book-shop, sonSrmed our anticipation in 'llie ire-
Militaries an each clause, stuffed with pomade dm-
Wasp and pregnant doubti. The mischief is
bssoming apparent in practice. A recent de-1
elision in the Bristol County Court opens the MIL
There, a shoemaker having brought against a customer
a number of separate demands for separate items of
his account, which in the whole amounted to up-
wards of 2W., it was held by the judge that he was at
liberty to do so under the new act, each item fur-
, nishing a separate cause of action. The case has
been variously commented on, and memos to have
taken everybody by surprise. Some maintain that ,
Mr. PALMER'S is bad law, others that it is good law.
Some represent him as giving a fatal and indiscrimi-
nate facility to vindictive tradesmen for harassing their
unlucky customers ; others maintain that he is onlyser.
rying out the spirit of the new act, which is Weeded
to help creditors to a cheep and speedy recovery of
their debts ; and that everything that is allowed nader
the letter of the act, in furtherance of this object,
is necessarily " within its equity." The probability
is, that without a very minute report of the OWN all
commentators may be wrong in their jail=
Mr. PALMER'S decision. But that it is not
to claim an indiscriminate right for the tredeeman in
every case to bring a separate action on his separate
items of accounts is certain, if not from obvious legal
considerations, at least from other dmieiona of the anie
, judge just reported. In one case the plaintiff ands sepa-
rate demands, where threehadbeen several dialect con-
tracts, each for four months' credit, which had expired
before plaint entered. But afterwards one amount
was sent in, adding together the amounts of the several
tanrevions aocoun into one sum. Subsequently to the
-- -
delivery of this amount, the debtor and creditors met,
greltrodaand settled the accounts, and the debtor
on three occasions made partial payments
"on account" Mr. PALMER held that though origi
nally there were several causes of action, yet " the
account stated" subsequently constituted one canoe
of action, and therefore could not be vlit. He ac-
cordingly. refused the summoners. In the other clue,
goods had been sold and delivered, and a promissory
note given for the amount, but not said on becoming
due. After this note had
elizeoeenhven, fresh goods
were supplied by and to same pieties.
The two amounts together 201. The Judge
held that there were two distinct °eases of action, and
granted summonses accordingly.
- . . . ..

These decisions have relieved es. They show that
Mr. PALMER knew. what he is about, and is pro-
ceeding on a principle. We have, for our own parts,
little doubt that his principle is a correct one. The
point has been sensibly and soundlyput in the Jurist.
"If a shoemaker makes a pair of shoes for me and
delivers them, and delivers and claims payment of his
bill for the shoes, there' it is clear, ha &Sad Cause of
action. If he delivers the shoes, but makes no claim
for payment, there is no cause for action, though
there may be on inchoate right of action. If, lerefore,
a shoemaker makes me a dozen pairs of shoes, consecu-
tively, without making any claim for payment, there
is no cause of action till he does make a claim ; and,
hence, if, before he delivers any bill and debits pay-
ment, the amount of his claim exceed 201., the cause
of action is for more than 201., and obviously he can-
not split his -cause of action into several parts, and
proceed in the county court, by one action for
the price of so many pairs of shoes as amount
to 201., and by another action for the balance."
This, which is the common-sense view of the subject,
is also the effect of the common law authentic,.
Whether the contingency was contemplated by the
framers of the act it is impossible to say. But it is
certain that if they did mean to grant such a power
as that exercised at Bristol in the original case, the
wording of the 63rd clause is not nearly precise
enough, considering the peculiar and exwais
objects of the act ; while, if they meant to exclude it,
their intention is not expressed in the words they have
used. Bat we would by no means presume to draw
an inference either way from the act itself. To con-
clude that a statute directs • thing because by com-
mon rules of interpretation it says it may be done, or
forbids a thing because its terms amount to a prohi-
bition, is • presumption which the judges may main-
tain end exercise, but which we, as private indi-
viduals, would respectfully decline to venture on.
We should practise and recommend the some caution
in handling a statute as in playing with a hedgehog.
By all means let lawyers settle the question. The
power of removing a case under the act into a supe-
rior court, given by the 90th section, does not apply to
a matter of disputed jurisdiction like that under con-
sideration. Bat, as it is for every raison desirable that
it should be settled whether or not Mr. PALMER has
construed the act correctly, it would be well to raise
the Point before the judges at Warminster. whlch
might be done by prohibition Wire bum the
rice court to restrain the oromty send from pnessi
in the first of the Bristol cases, or any similar ems that
Farb*. On thwargument for a rule for such a
'bition the question of jurisdiction will necessarily
mooted and settled.

-

The Paris journals and our correspondence of Tues-
day have meshed us.
An interesting debate took place in the Chamber
of Deput4.es on Monday, on the subject of the reform
of the administration of justice in the colonies as
bi.rirrethe slii)ierfu::opulattioonn
tred the colonists.
last ilt
hen
this subject was brought before the chamber, the most
frightful acts of atrocity on the part of the slave-
owners and revolting denials of justice by the tri-
bunals were proved, by M. Ledru Rollin and others,
to be matters of daily occurrence. In fact, the so-
called administration of justice was shown to be
nothing but a cruel and wicked mockery, in which
the guilty and their confederates were at onoe
offenders and judges. The chamber, in the present
debate, has manMieed a becoming sense of these
horrors, and it is gratifying to humanity to perceive a
1 determination to pat a period to them. The tribunals
are to be purified, and justice done to the slave.
The Chamber of Peers has commenced the judi-
cial inquiry springing out of the Cubieres affair. As
yet the details of its proceedings cannot be reported.
On Monday, at 12 o'clock, it assembled in the council
chamber. The number present was 202. M. Renouard
read the report of the committee of examination on
the affair of General Cubieres. The Procureur-Gene-
ral was then introduced, and spoke for the prosecution.
The court decided that, according to custom, the copies
of the report and of the documents should be imme-
diately distributed to such members only as should
take part in the deliberation, and also to the parties
inculpated, to enable them to prepare their defence.
The president at the same time reminded the peers,
that, in accordance with the common role of law, and
in the interest of the parties inculpated as well as of
justice, the proceedings must remain secret with the
members of the court, until the court shall have come to
a decision upon the requisitory of the Procureur-Gene-
ral. At six o'clock the court adjourned till Friday.—
As the law of the press forbids all publication of the
private deliberations of the courts and tribunals, the
above is the only account we can at present give.
M. Emile de Girardin was called before the
Chamber of Peers on Tuesday, to present his ex-
planations and defence. M. de Girardin repudiated
the charge of intending or committing any offence or
disrespect of the peerage, but admitted committing
both against the ministry.

this July.
=on wociaserevalent in Paris on Tuesday, that
B had been summoned to Paris by a
, and would be raised to the office of
&der of War.
It is said that Boumasa is to be sent bask to Africa,
and placed in the command of a trap of native
soldiers under General houral.

We have received the imamis of Nokia it the
16th and 17th, Wrier Ilse Woo et oar ears
correspondent, whisk we give below. All swoon*
agree in stating that General Serrano will be speedily
appointed to the captain-generalship of Madrid now
held by General Concha, who is also inspector-general
of infantry, ad interim. That officer will be confirmed
in the latter office when General Serrano takes poe-
session of the captain-generahthip.
The ranks grades granted during the regency
of General yepartero are about to be confirmed by the

goverment.
M. Missal Moreno Lopes, editor of El Tiempo, the
intimate friend of M. Pacheco, has been appointed
Spanish minister at the Hague.

The Augsburg Gazette of the 17th instant states,
on the credit of a correspondence from the Rhine,
that the three conservative powers have determined
to prevent at any price, and even by means of an
armed intervention, the explosion of a civil war in
Switzerland, which might be brought about by the
resolution of the Diet tending to expel the Jesuits,
and dissolve the league of the catholic cantons. The
same correspondence adds that the policy of the
French government, in such a case, would be less
decided.

MADP.ID, Jews 18.
When Senor Pacheco, the head of the conservative
party, became the first minister of the crown, all eyes
were turned towards him with the expectation that
he would realize, in office, the excellent doctrines
which he had proclaimed from the benches of the
opposition. Although he was lifted into power by
the will of the crown, against the vote of the parlia-
mentary majority, it was hoped that he would, by the
wisdom and fairnessof his measures, gain that indis-
pensable support, or that he would vanquish the
obstacle in his way, by dissolving the Cortes, and
appealing to the sense of the country to create for
himself a constitutional position.
It was hoped for a moment that parties spent with
struggle would take breath under an impartial ad-
ministration; that respect for the laws would succeed
to personal violence, tolerance to persecution, the ob-
servance of parliamentary forms to soups-d'état, and
the just exercise of legitimate powers to scandalous
usurpations. Upon these considerations and no other,
were based the claims of the puritan cabinet to govern
the country. The hope of the attainment of these
objects justified the change of the advisers of the
crown, and accredited in the eyes of Spain. the
new ministry. Openly hostile to the partisbns
of a reactionary tendency, and accepted with
misgiving by the progresitstas, it held in its hands
the Means of cheating the one party, and inspiring
with ermidence the other, by large and useful =OM
sores, the merit of which would be acknowledged
oven by its enemies. Instead of all this, what has
been the worse followed by ministers? The eleetiais
on the committees XRI shown them the Wiper
sibility of coming the Cortes the extenaive
changes put forward by e Minister of Finance, the
sittings of that body have been suspended. But
instead of making to arm itself with a parlia-
mentary majority by a dissolution, and fresh elec-
tions, the ministers have chosen to dispense with
the consent and co-operation of the deliberative body
and to govern the country by the means of
nethdecrees. A series of most important laws have
been ponied with no better sanction than the assent of
the crown and the Gazettes of the present month
would alone form a tolerably extensive code. At the
same time, this arbitrary legislation has been nearly
wholly confined to that branch, in which a majority
in the Cortes was arrayed against. the minis-
terial projects. With the exception of the
law mg the press, which was presented
to the4he president of the council, the
government has been almost exclusively occupied
with oseeures of flumes. Alienation of private pro-
Flity and eharilino—mitilement of the debt—passing
of eneeney
_accounte—bank law—currency law—com-
pills Withal re-or.ganisition of the financial depart-
ment—alteration in the tariff of duties en the male of
peeperty--sale of the property of the military orders :
the last three are contained in one Gazette, that of
the 13th. Such is the
_portentous list of tasks—
which the Minister of Finance has imposed upon
himself during the two months and a half
of his official existence. The notion that such
a mass of measures can be carried into execution
without debate, without the sanction of the repre-
sentative body, is too wild for any man in his
senses to conceive. And if the Minister of Finance
fail in the next Cortes to pass a bill of indem-
nity, comfrmieg his legislative improvisations (and
the draw on greatly against his success), what inex-
trioable sodomise will be introduced into the adminis-
tration what a oenflict between the laws hitherto
existing. and the royal decrees that have supplanted
them !Mr only course that the ministers can take will
be that to by Paussaias at the battle of Platau,
when the anger pronouncedthe victims unfavourablefor
the Spartan charge. He continued to sacrifice victims
till propitious signs appeared. Senor Salamanca will
have to get Cortes upon Cortes dissolved till he obtains
one to his mind.
The enterprisiag genius of Senor Salamanca was
indeed sufficiently known; but that a cabinet headed
by the scrupulous and conscientious puritan Pacheco
should commit itself to each a headlong, arbitrary,
and perilous course, was a subject of universal asto-
nishment. The indifference of the progresistas was
soon changed to hostility; while the anger and aver-
sion exhibited by the moderados continued unabated.
It was clear that the ministry did not passim within
itself sufficient strength to preserve a neutral °muse.
To maintain a high self-dependent ground, and
steer clear of parties, it needed not only the
assurance of cordial and permanent
from the crown, and the co-operation of a bTfirof
officials possessing talent, activity, character, and
weight, but the possibility of depending upon the
loyalty and obedience of the army, and conciliating
their attachment to an extent that would give them
the most positive control over the public fore,. The
cabinet, • none of these elements of vigour
and vi ty in the requisite degree, has been, there-
fore, unable to preserve its neutrality. It has, hie
the only neutral cabinet which has existed before it
since 1834, I allude to that of Peres de Castro in '39
and '49, thrown itself into the arms of the moderados.
For the royal decree, which crept out as if ashamed of
itself, and squeezed into the tail of Monday's Gazette,
which prohibits all discussion of the infanta's right of
succession, pronouncing that right in perfeot con-
formity with the laws and constitution, and indisput.
able, has settled beyond a doubt the fact that the
ministry, unable to hold its position any longer, has
made this disgrsoeful concession to purchase the sup-
port of the French party, or that section of the mods-
radoe headed by Nervosa. Whether Nereus will
remain at Paris and continue to transmit orders from
the French government, or return to Madrid to lend
the ministry what degree of prestige and influence
still remains to his swor remains doubtful.
Meantime the entry of the Spanish troops into
Portugal at a moment when the government has
shown such a decided disposition to favour the pre-
tensions of France, is a fact pregnant with alarm,
and which ought to fill us with_ vigilance. The
Herald° of to-day, which is Fresh erre, eine
bursting into a Jeremiad about the useeessime nab
to the rights of the junta (the news et the deem et
amnestylujust reached us, and difieNtisey spied
satisfaction among rational persons), dentin ir:r4
article to the expression of IL hopes that se
troops will not leave Portugal till they
put down the rebels ; which means, in the .11=
sense, till they have overrun the country with Ni.
and sword, and extinguished the last spark of con-
stitntiooal resistance to usurpation.
It is rumoured that a complete change is to take
plaoe in the service of the palace, modelled upon the
wage of the French court. To attend the Queen's

- -
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1847.
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