The Express.
London, England, 1866-12-13 00:00:00

gke erpre%O.

DRURY LANK
Tuts Evasion, FAUST. Mr. Phelps, M
awl Wm Pews. H. Pttelpsoole.
W.
Harrison, end J. Johnstone; Mrs Herman Vain
—And KATHERIN2 AND PSTRUCHIO. Mr. T. Wigwams,
Mr. J. Robins, and Miss Isabel Adaws.

MATM ARS ET.
TIM M, A OAME OF SPECULATION. Messrs. C.
Mathews, Chispendsle, Rogers, &c. •. Mesdames FlterMism, Laws,
TONY AND CLEOPATRA.. Mama C. Msthews, Comp-
-ANton, &a ; Mesdames Ilsthews & HAL—SHOCKING VENTS.

?animism
Tan znernia, BASSAMY sonar S. S. CsMaim.
Y. Villiers, J.G. Shore, dtc. : Mrs. John Wood, Ulises AMMO&
Thomsen and Katherine Rodgers, Mrs. R. Vinlm, and Mrs. C.
Roraima—Preceded by THE MISTRESS OF TEE MILL.

LI CICTIL
Via Imnio. BROWS AND CESAR 1112. iimundn—And
THE LONG STRIKE. Maim Emery,
"m %MlWomb, Cowper, Ms-
enet. Reynolds, and Moreland ; Mho Heerade.
with TWEk:DLECON'S TAIL. COAT.—Conummo• at—Cemeludlng T.

TRA-NrD.
sviirneo, NITOHDOURK Haas Persil* Belford,
anTeM d
Marra ; Mesdames Seranboreagb, Jolutstone. and Higbee.
KEN ILWORTH. Messrs. JUDY. Thorne, & Fenton ; Haltom
bwaubotonga & Itsynham.—And BOOTS AT THZ SWAN.

HOLBORN.
THIS Vining*, at 7, FAMILY JARS. Mr. Sefton Parry and
Miss C. Saunders.—And FLYING SCUD. Meson. Neville, Bel-
gians, Blake. Vollalre, ; Mesdames F. Joephs, C. Saunders,
Senile Foote, Mdse, Lennox, Raymond, dc.
BRITANNIA.
TON BUSING, LAURETTE'S BRIDAL: OR, MORE TITAN
MEETS THE EYF.. Mrs. Lane.—Mr. Dandng Mad" Bryan ;
Mr. Laturnum: [Wpm., the Indian Juggler—BELlNDA BRA-
GRAVE ; OR, THE DETB.AYER AND !IS VICTIM.

HIGH WATIA AT LONDON BRIDGI.
Tin DAY —Morning, sh. 32m Afternoon. ISSet.
To-Monnotr—Morning, 13ni Afternoon. eb.

- -
LONDON, THURSDAY, DECEMBER 13.

Tarim can be no wish on the part of any loyal
subject to embarrass the Irish Executive at the
present moment with merely technical objections
to any of its proceedings. Most of all, in those
matters which are rather mercifully precautionary
than penal must there be a wish to support its
action to the fullest extent justified by law or I
reason. The Government has a difficult task in
hand, and, so far as we are able to trace its
action, is dealing wisely and fairly in Ire-
land. But the very desire to support it in
such a course makes it imperative to watch
with some care the conduct of its subordinate
officers, lest, taking advantage of the unani-
mous feeling on the side of order, they push
their exceptional powers to illegal and dangerous
extremes. There seems in some of the recent
acts of the police, and of the magistrates, occasion
for this warning. Our readers will recollect that
a few days ago a man of the name of MEANY was
apprehended in the streets of London by an Irish
detective, armed with an Irish warrant, and ac-
companied by an English officer. MEANT was
taken before Sir THOMAS HENRY, and at once
ordered to be conveyed to Ireland. InDublln he was
brought before a magistrate, and it appeared that
the warrant had been granted on sworn informa-
tions by a constable to the effect that he was be-
lieved to be STEPHENS'S secretary. No evidence,
however, was adduced in support of this state-
ment. And the evidence of complicity in any plot
at all was startlingly slight. There was found on
his person a carte de viaite of STEPHENS, bearing
the Head Centre's own autograph. There was
also a letter from a San Francisco editor, asking
MEANT to write for his paper letters from Ireland
with a Fenian proclivity. This was all ; yet on
this he was committed for trial : which means com-
mitted to prison till Parliament meets, or for as
much longer as the Habeas Corpus Act may re-
main suspended.
There are two points in this case which deserve
notice, but which are perfectly distinct from each
other. The one is the commitment of any person
upon evidence so ludicrously scanty and immate-
rial as that which was actually adduced. It is
preposterous, if it were not also a little dangerous,
to say that a man ought to be sent to gaol for
three months certain, and possibly for a longer
period, merely because a police-constable swears
that ho believes the accused to be a conspi-
rator, and because a portrait of an undoubted
conspirator is found upon him. It is true
that the Habeas Corpus Act is suspended.
But this is the case only in regard to persons
" arrested, committed, or detained in custody by
" force of a warrant," signed by six of the Irish
Privy Council, or by the Lord-Lieutenant or
his Chief Secretary, " for high treason, treason,
" felony, or treasonable practices, or suspicion" of
such crimes. And the statute goes on to declare
that any persons arrested on such warrants may be
lawfully detained in custody without bail or trial.
The effect of this provision is to authorise any man
in Ireland to be arrested and imprisoned without
any evidence of guilt at all, and therefore without
any committal by a magistrate. And certainly
where there is no evidence, as in MEANT'S case, it
would be more seemly to act upon the powers of
the statute rather than to go through the farce of
bringing the accused before a magistrate only to
expose the fact that there is no legal proof against
him. Such procedure reads rather like a mockery
of justice than a necessary dispensing with law for
an emergency. And when it is shown in such a
way that magistrates are subservient to the wishes
of the Crown in times of excitement, it becomes
harder than ever to assure the people of their im-
partiality in times of quiet. The proceeding
before the magistrate was, we may assume, very
well intended, but we must think it unneces-
sary, and, being unnecessary, something worse I
than injudicious.
But the second question is still more serious.
MEANY was arrested on an Irish warrant, not how-
ever executed in Ireland, but in London. In any
ordinary case such execution is made legal by
means of the Irish warrant being backed by an
English magistrate to whom it is presented, and
who endorses it on evidence merely of the signa-
ture of the magistrate who originally issued it.
Similar provisions apply to the execution of Scot-
tish warrants, or of English warrants in Scotland
or Ireland. Generally speaking the rule is neces-
sary for the prosecution of justice, and works
without inconvenience. But how, when ono part
of the United Kingdom is placed temporarily
under a suspension of law ? We confess it does
not seem clear to us that even in law an English
magistrate is authorised to back a warrant as
Food within his jurisdiction, which bears to be
issued by personages to whom, for the moment,
there have been committed in Ireland powers so
enormous. and unusual. Statutes affecting the
liberty of the subject are always construed strictly
against the Crown and favourably for the accused.
Now, the whole f rams: tenourof the Irish Habeas
Corpus Suspension Act points to its restriction to