The Express.
London, England, 1866-01-16 00:00:00

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No. 6,067.] LONDON, TUESDAY EVENING, JANUARY 16, 1866. [STAMPED, Id. ADDITIONAL.] (TWOPENCE
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rwit;tiLAND. BLACK BALL PAB-
600ER LING—New arrangements with H.M.'s Colo-
eersmese. Redeelbis of Steerage Pare St AUL lead
aall dune.
OCILN. for =MANX wreak Bp. Med
Dot for Jan. St. This magninc=ipeld , forming one of the
ad pall celebrated Sees of An will be de.
owe psecbleLY lo date. Tbe accommodallrlin or all clause
COMOS be sergessed. To be tollewed by lbs
li PlunerSTAll OP WOUND, Packet far Stab Fe4sary.
illeg:/ JAMBS BAINES and Co., Liverpool ; all sts for
a, Ball Line ; sad T. 1L MACKAY and 00., 1, Landenhall-
gst, lades. LC.

AMERICA.

as they knew beforehand what the result would be,
and few of them or of their constituents have
much money to spare for living idle in Waahington
hotels.

Bons bearing on the subject of martial law are as follows :
S. 95 constitutes a body called a council of war ; s. 98 is in
these words: "And whoress the appearance of public
danger, by invasion or otherwise, ma) sometimes make the
imposition of martial law necessary, yet, as from expel-
enee of the mischief and calamities attending it, it mast
ever be considered as one of the greatest of evils : Be it there-
fore enacted, that it shall not in the future be declared or Un-
posed, but by the opinion and advice of a council of war, coo.
misting se aforesaid, and that at the end of 30 days from the
time of such martial law being declared, it shall, ipso facto,
determine, unless continued by the advice of a council of
War as aforesaid." S. 97 empowers the governor, with
such advice se aforesaid, to declare particular district* to be
glider martial law, and to except others. S. 117 says that
" This sot shall continue to be in force notwithstendiUg and
dories martial law." It is a grave question whether this
act be considered to confer upon Governor Eyre any other
power than he already possessed at common law the act
itself would be valid. The powers of the Jamaica legislature
are derived not from parliasneat. but from Royal com-
mission. As the crown cannot authorise legislation
inconsistent with the law of England, it could not aatho•
rise the Jamaica legislature to confer upon the
governor or any one else lowers ineoasisteat with
the provisions of the Petition of Right. It le *-
deed provided by 28 and 29 Viet., asp. 63, se. 1,
2, and 3, that no colonial law shall be deemed
to be void on theground of repupiosey to the law of Eng-
land, unless it is repugnant to the provisions of say act of
parliament applicable to any such colony by express words
or necessary intendmeat. We apprehend, however, that if
the act of the Jamaica legialattue be construed as author-
lain or recognising anything declared illegal by the Peti-
tion of Right, it is repugnant to a provision of ea act of par-
liament extending by noceesary intendment to the colony
of Jamaica. it appears, however, that the act does not
create any new power, but only limits the existing power,
and provides regulations under which it is to be exercised.
It provides that the governor shall not proclaim martial
law without the advice and consent of a council of war, con-
stituted in a certain way, and that when proclaimed it shall
expire ipso facto in thirty days. It also provides that its
operation may be limited (as in the present case it was) to
certain districts.

(iIIOZ ou& SPECIAL cosassroNnzn.)

NEW YORK, Dec. 30.

Congress still stands adjourned, and there is con-
sequently little or no political news of importance
from Washington. One or two committees have
been left at work, however, that of ways and means
amongst others, but I believe it is well understood
that there will be no change of importance in the
tariff this winter. The chairman of the committee!
is Mr. Morino, who is well known for his strong
protectionist leanings, and he has, what on such a
committee is of course all powerful, knowledge of ;
his subject, with which the other members, I think,
are but scantily endowed. The internal revenue
system will probably be revised, and some attempt
made to reduce the number of articles on which
duties are uow levied, but no very extensive change
need be looked for. If any movement is made in the
direction of free trade it will be by the next Con-
gress, and not by this. This one was elected, as
yen know, a year ago, while the war and reoun-
StructMn were still the all-absorbing topics, and
before the public attention had been seriously turned
to the means of raising revenue, or the comparative
merits of different systems. During the coming
year this matter will probably be a good deal
agitated, and the elections in the various districts
will probably be largely influenced by it. So that
the Congress of 1867 will perhaps come together
divided on this subject, and not, as now, on the
Southern question. This plan of electing members
to the House of Representatives more than a year
before they take their seats, was intended to secure
that body against the immediate influence of gusts
of popular excitement. Before members elected
under the influence of some prevailing passion can
take their seats, strong feeling on the subject haa,
in all probability, subsided. On the other hand, It
may be doubted whether, in the attempt to guard
against the effects of popular passion, public opinion
is not also deprived of its due influence. That this
result may sometimes happen, and at very grave
crises, was well illustrated during the Kansas diffi-
culties in Buchanan'a day, when the house,
under the skilful and unscrupulous manipulation
of that "old public functionary," as he called him-
self, during two sessions ventured to bid defiance
to the opinion of the vast majority of the public
outside the Slave States.

We are still in the midst of the highest of high
prices. A small house in any decent locality, with
not over four bedrooms, cannot be procured in
New York to-day for lees than 3001. a-year. Labour
is 3 dollars a-day ; beef is selling at is. 6d a pound,
and everything else in proportion. A decent
overcoat costs 201. The tendency since the close of
the war has been, on the whole, upward, instead, as
people expected, downward, partly owing to the
steady and increasing pressure of taxation and the
scarcity of labour, but above all to the continued
swelling of the volume of the currency caused by
the weekly issue of fresh paper by the National
Banks. Gold remains perfectly steady—one of the
most singular phenomena of the period, because,
if it is the superabundance of paper which is affect-
ing prices, why should not the price of gold go up
as well as the price of beef 1 There is, however,
unquestionably an immense deal of specula-
tion based upon the increase of the currency.
In the West it has gone to enormous
lengths in breadstuff*, and so forth, though
there are just now symptoms of a break
down. Mr. M'Culloch's report caused some un-
easiness amongst the speculators, which has gone
on increasing, and at present there are some indi-
cations of a panic amongst the grain and provision
dealers in the West. Should Congress take any
decided measures for a contraction of the cur-
rency this winter, as no doubt it will, it would
accelerate the decline, but then the contraction
itself can scarcely make itself felt, no matter what
is done, for a year to come,

..--F—TAS MS LIVIIPOOL OS watsrowx TO
NEW YORK, TWICE •
03 LIVERPOOL, NEW YORK, and
itiC=au arsaf.aana COMPANY Introd dio
hgtoll-poweredil•bullt Ina &raw Ilkomeadps,
swim she United Rites
FROM UYERrO. jar NKR YOWL

--
IC!<M Wdeeada7. Jai 17.'
CITY 0? COLN, Satantay, Jae. SI
CITY OF WASHINGTON, Wednesday, Jan. U.
Am 'am Woinsiday, and alternate Fridays sod Saturdays.
cibiaead gainlast puny by theaccordls. roan stouts=
aeldroom=strdna&lag;
%It 11 ths
„IfY the raidara and diakneWs alrimars. MD-ram&
Tamp lodides a tall et soaked %ago.
"Th.. be Oman and taw Waned booked to
tonna —Foe Mabee peelkstlirs to
jell HAN, niv=s tir *ma. ISTortwol; IS la

V—LONDON to GOTHENBURG in
iets.—The magnificent, fast, and wall.imown twin
gnwiteimer MARX (1,000 tons inirtben, 300 horse power),
again T. MGR, will clear tor the above port about the 3mOt
IA "saw OS Moat heavy gala lids sWasr made Ihe ran
gas blahs to Gothinharg la 48 lanai Has oplandld acommia
Aadoon pamengem —Tor freight or passage apply to
pg. PSALMS sad Co., Bs. Danalesin•
=ft

TICPERIAL MERCANTILE CREDIT
ASSOCILTION (Limited).
...ma IS WIREBY GIVII!, that the TIMMY= BOOKS
dby Amodattoa win be CUX4rD from the lath to the EMI of
leeuy mt both days Melealve.-117 order.
W. C. WINTLEBOTTOM, Secretary.
17, Lembardetreet, 96th D0c..1866.

TOXFORD.—The MARKET GIRLS, by
Troyatore, and the Schiller Centenary (Ma-
w., by Meyerbeer, will be performed by the whole of the
rank Conway. The Hungarians will also introduce Moir
Wand Zatertainmeat THIS EVE N LNG. Privets boxes,
lta ed : stalls and balcony, la area, dd.

We now proceed to the consideration of the epesific ques-
tions contained in the cue. 2 and 3. The legality of the
conduct pursued towards Mr. Gordon depends, according to
the principles stated abo►e, on the question whether it was
necessary for the suppression of open force, and the restore.
tics of legal authority, to put him to death. We see
nothing whatever in Governor Eyre's despatch which
affords any ground for thinking that such could have been
the cows. The fact that Kingston was exempted from mar-
tial law shows conclusively, as against Governor Eyre, that
in his opinion no necessity for the resumption of arbitrary
power existed then and there. The fact that Mr. Gordon
was in lawful custody shows that be was at all events dis.
abled from doing further mischief, however guilty
hemight previously have been. It would perhaps be too
much to say that no conceivable state of things could
justify the treatment which he received, but no such facts
are mentioned in Governor Eyre's despatch. As to the
legal powers of the officers sitting ea a court martial at
Mount Bay, we are of opinion that they had DO powers at
all as a court martial, and that they could justify the ex-
ecution of Mr. Gordon only if and in so far as they could
show that that step was immediately and unavoidably
necessary for the preservatios of pewee and the restoration
of order. They bad no right whatever to punish him for
treason, even if be had committed it. Their peo-
viocs was to suppress btu by terce, sot k 0 Milk grimy,
4. TWO 911ae4ion is answered Is our introduciory observe.
tons. Cues might be imagined in which some of the acts
specified might be justified. Is a mu, for instance, where
the loyal pert of the population were (as in the case of
the Indian mutiny) greatly outnumbered by a rebellion,
population, measures of excessive severity might be Aso-
lately essential to the reetoration of the power of the law ;
but this would be a case not of punishment but self +reser.
ration. No facts stated in Governor Eyre's despatch appear
to as to show any sort of reason for such conduct in Jamaica.
5. They maybe indicted in Middlesex, under the provisions of
42 Geo. 111., e. 85. See too 24 and 25 Vic., c. 100, s. 5.
They may also be impeached in parliament. 6. Any per.
son in this country may prefer a bill of indictment. 7. This
is a question of great difficulty. As Governor Eyre's coo.
sent would be necessary to such an act, and as he could
not pardon himself, we are inclined to think that such an
act would be no answer to an indictment in England. Be-
side, this, if Governor Eyre has committed any crime at all,
it is a crime spinet the law of England. Whilst governor,
he could not be made criminally responsible in Jamaica
(" kfostyn v. Fabrigae," 1 Smith's Leading Oases, p. 543,
4th ed.). It is not competent to the legislature of Jamaica
to pardon crimes committed against the laws of England.
To obviate all difficulty, we should advise that if such
►u act were passed, a petition should be presented to her
Msjesty, praying her to refer to the Judicial Committee of
the Privy Council the question whether the act ought to be
disallowed, and that the petitioners might be permitted to
show cause by counsel why it should be disallowed. Unless
and until they are disallowed by the Queen, the acts of the
Jamaica legislature are valid.

I doubt very much whether the question of re-
construction will not also be remitted for settlement
to the next Congress. As far as can be seen at this
moment, the President and it are fast coming to a
dead lock. He seems bent on restoring the
Southern States to their old status as far as he can
do it, and in this he is backed up by the opinion of
General Grant ; Congress, on the other hand,
seems equally determined that, as far as it is con-
cerned, they shall not be restored to their old
status until they hare given more guarantees for
their good behaviour than the President has
thought proper to exact. Some insist upon negro
sofirage ; but this seems at present, for the reasons
I gave you in my last letter, all but hopeless.
The radical party in Congress have not the
strength there, or the support in public opinion
necessary to achieve it. Others again, and
these, I think, will be found to have a majority,
are determined that before the members from the
Southern States are re-admitted to their seats, an
amendment to the Constitution shall be adopted,
by which the number of voters, and not the whole
population, shall furnish the basis of representation
in the lower branch of Congress. At present each
State is assigned a number of seats in the house
in proportion to its total population ; but in cal-
culating the population at the South for electoral
purposes, only three-fifths of the slaves were
counted in. Now that slavery is abolished, how-
ever, the whole negro population will be counted in,
and the Southern quota in the representative as-
sembly proportionately increased, while the negroes
will still remain unrepresented. In other words, the
whites will by the fact of emancipation secure a
larger amount of political power in the Federal go-
vernment than they possessed before the abolition
of slavery. It is true the re-apportionment of the
representatives which will give them this will only
take place in 1870, but 1870 is not very far away.
The republicans ask, and with justice, that if the
negroes are to be counted among the people sup-
posed to be represented in Congress they shall be
allowed a share in electing them ; but if not
allowed to share in the elections, they insist they
shall not be counted. There is a considerable show
of fairness in the arguments by which this plan
is supported ; but still there is only one that has so
far been urged with much vigour, and that is the
danger of a Southern majority in Congress. It is
feared by many people that the Southern represen-
tation, even on the old basis, might by coalition
with their old allies, the democrats, " copper
heads," and so forth, put the national debt in

ENFRANCHISEMENT OF CHELSEA AND KENSINGTON.
Last evening • public meeting of the inhabitants of the
above district was held at St. Luke's Vestry-hall, King's.
road, Chelsea, for the purpose of adopting immerse to
procure the incorporation of the varieties of Chelsea and
Kensington into a parliamentary borough with the right of
returning two members to parliament. Mr. R. W. Jones
occupied the chair, and was supported by Mr. Terrine,
M.P., Lord W. Lennox, and • The
number of the prin-
cipal inhabitants and vestrymen. The ball was crowded.
The chairman said as there was about to be a reform bill
introduced into parliament, he and those acting with him
thought it a suitable time to resuscitate the agitation for
the right of their extensive and wealthy district to a direct
share in the representation of the country. He then reed
letters from the following members of paliament, apologia-
jag for inability to attend the meeting, but approving
of its object :—Lord Enfield, Sir C. Mike, Messrs.
Banbury. Bright, Stansfeld, Lewis, P. Taylor,
Baines, Fart, Locke, Chambers, and Alderman
Lusk. Mr. E. Babbitts moved the first resolution, to the
effect that the parishes of Chelsea and Kensington, contain.
ing a population of 135,000, coetrit.atiog upon an sesessment
of upwards of 1,000,000/. yearly to the public taxation, and
abounding in education, intelligence and wealth, have an
undoubted right to a direct share in oerliameatary representa-
tion. This was ascended by Lord W. Lennox, and spoken to
by Mr. C. Pietist, and adopted. Mr. Finch moved the second
resolution, declaring it to be desirable that active steps
should be at once taken to procure in the coming reform
hill the acknowledgment of the right of Chelsea and
Kensington to be enfranchised. The present premier and
Mr. Gladstone had already, on three previous occasions,
supported such a bill, and, therefore, there was y ea-
coungenient for them to proceed. Mr. Wilkins, church.
warden of Kensington, seconded the resolutioe which
was supported by Mr:Toffees, M.P. With respect to re-
form generally, he advocated the admission of the working
classes to the franchise, but did not think that would be
obtained, so far as London was colcereed, by the Len.
casbire proposal of a 61. rating suffrage, and, therefors, he
advocated a lodger suffrage, which would bring in the
greet bulk of skilled workmen in the metropolis. The boo.
gentleman spoke on the several questions at some length,
and sat down loudly cheered. The resolution was carried,
and a deputation was appointed to wait upon Earl Russell.
and take such other measures as they may deem expedient
to further the object in view. 1
PARLIAMENTARY REFORM.—A meeting of work-
ing men was held last evening is the theatre of the
Mechanics' Institute, for the pupae of adopting a peti-
tion to the legislature in favour of parliaineritary reform.
Mr. John Priestman occupied the chair, and the meeting
was addressed chiefly by working men.
Tax COMING REFORM BILL—The Scotsman
says :—"A formidably large number of liberal ILYA—
belonging, for the most pert, not to the extreme, but to the
moderate section—are, we learn, strongly disposed to resist
any reform bill dealing only with the question of the
suffrage, chiefly on the ground that the present system has
evils which a mere lowering of the trembles would tether
aggravate than modify."
THE AERONAUTICAL SOCIETY OF GREAT BRITAIN.
—A meeting was held on Friday lest, at the residence of
the Duke of Argyll, on Campden-hill, when resolutions
were passed with the object of establishing a "misty under
the title of the Aeronautical Society of Great Britain. The
Duke of Argyll was chosen president, and the Duke of
Sutherland and Lord Grosvenor accepted the office of vice.
presidents. Amos, the members of the unused then named
were Sir C. Bright, M.P., Mr. W. Fairtiairn. of Manchester,
Dr. Hugh Drummond, sad Mr. Glaisher. A chief branch
of inquiry will be the mechanical expedients for facilitating
ml 4 navigation.

'
lir

danger. On one or other of these points there is
beyond question a large majority in Congress who
will resolutely resist any attempt at admitting the
Southern States to their old position. But, in the
meantime, the President has by far the larger part
of the game in his own hands. He can withdraw,
and is withdrawing, most of that military pressure
which was the only thing that made the South
very restive in its conquered condition ; but, on
the other hand, I see no symptom of any intention
on his part to abandon the blacks. He still adheres
to his intention of keeping up the Freedmen's
Bureau ; but, at General Grant's suggestion, it will
be converted into more of a military organization
than it has yet been. Still, Ido not well see,
nor, I think, does anybody, in what
way its jurisdiction over the blacks, and
over black questions, can be maintained once the
authority of the State governments is completely
restored. It is an imperium in imperio, the exist-
ence of which could only be warranted, military
rule once laid aside, by some provision of the con-
stitution. A situation, on the whole, more illogical
has hardly ever arisen in the history of any country.
To Frenchmen it would be intolerable, as well as
absurd, and the patience and good sense and for-
bearance with which both the people and the
government here make their way through it does
them the highest honour. .

1]

It Is supposed by shrewd observers that no ma-
terial change in the present state of affairs will be
made by Congress ; that the Southern repre-
sentatives will be kept out ; that Mr. Johnson
will one by cs3o band over the States to the local
authorities, and that the latter will go on regu-
lating their affairs pretty much as they please,
without troubling themselves much for the present
about the exclusion of their members from Congress,
who they feel satisfied will in time be admitted.
Very few of the latter have come on to Washington,