The Express.
London, England, 1858-02-26 00:00:00

emerging
lining

, Auiving
Duchess
not
the

Ring right of
Directors are justified in designating prise. This would be the first time in the history of
deserving the especial consideration " nations in which conspirators have been recognised
for we believe there is no other u invested with the prerogative of a belligerent
magnitude in the kingdom that power. It is clear, therefore, that on all principles of
result.
international right the Neapolitan Government must
not have forgotten the outcry yield to the jut demands of Sardinia; and in
ago against the insecurity and any ease, that Government ought to be compelled
e service of the Eastern Counties to release the ship and cargo, and to hand over to
distinguished. Owing t, the gnu Piedmont the prisoners, whose preeenoe in Genoa
and want of thrift of the former will be required for proceedings to be taken before
gradaally fell into a dilapi- the Admiralty Courts, according to the penal regu-
state, the real mime being that ktiona of that country. It will scarcely add to the
•to have been expended in repairs reputation of the ca-Cabinet that they have shrunk

I THE
.
THE DAILY NEWS: LONDON 114.ORNING eadoorene,wthoals
uowasderdttiiohguteditasub'e'eporootiotsco."mbelnrecdono-f
if
1 slseP62/.11178416"..atiet nnillinninn Inn,
- late years with an extooptionally heavy batting i
'I la telLoss.,ude inwsibmeare seeo-ta., .....,eese" "Itirwbsul"' eein expenditure under this head. Duri I
liegetilr" --. sei uses", realee"4..leow 1111** the Let two years and I Ulf, apart from !
1111011 SUDS ill IiaLIARILIEHD imeast=4 the sum required for the ortlinary 'h' maintonce
half-year's I
ea esusteil.......,uss eat trirsZ,,z-•
"of way," which figures in each I
" W ".""T—lttlollll-6A.11A steno annoae.
n'lntrtkgrei,ms at& o_renirsivn AlTAR_snsmartiLaw unto, no less than 209,7204 has been ex-
V.sawn lama pended solely on account of renetrah of theperma.
la is oder M.26"tareErirroor
../ == nent way, and improvements of bridges, buildings, sonar, spr
___
art ameLli
It at &c., in that department of the Company's affair*.
"r ei bmilmdla:se,/ ..""" hi"
Has
ie
The fact that the undertaking was suffered to fall
111+11
Ells r eke mellet4.estannAnnewitsFq.6.4l.l".mistra thus in arrear in so vital a matter proves haw large
ark Is wets MY
ailat.
et, expreoo*
a degree of trust must always be repose, in Railway
trumpet-tourede,
anagM ers, and speaks trumpet-toured in favour of
the policy of securing the best qualified men for so
important i 1 an office, and of making it worth their
TO COAIUMPOPIDIBTA. while to attend exclusively to their business. That
• 1 abresiessie mewl or "rut eassen." um" kwenea"r". the Eastern Counties Company, is now doing every-
wen Se le Mu :Ake, 'a. Delnistlsetnals to Tv, MIMI Mk Om ,
thing that can be requited of it in the way of
ese os irealludes-
• &c., seeing to be proved by the fact
J • NATMAIIERT.
..,,, that, daring the hell year ending the 31st
it ~,...str".l•lllel4,lr itratr" linnall-asehlalliratialhad December last, 66,0331, has been spent out
r.„,,Tirsai.Ylwasaffekild4°Diribalisr:iliallarildw.loLtionkri°. of the currant revenue in the ordinary " =late-
Pat DICESSIL "nonce nod reneeeals." In addition, 12,000/. has been
Vets Rvp..."ksvnsi. MAllHLART.L.solituriairdwallanCiarEsaa...Ths-igsti
taken from the profits available for Dividend and ap-
.
eist.' ewt, eureu,, "...lir reefs,. weentilenrais s „ea tlelleik plied in reduction of the sum standing at the debit
LitillUM of the" Deferred Permanent Way Renewal Fund."
Test Envois. IPTIIRLLO. lasms.O. lama NA airorts: MIL 0. The amount of this " fend," which forms a serious.
i ip._ ....• lacaaratteia,Aerillr. itwr,,..,..1.41,.„.
a J.O.
i 'bustles fastened upon the back of the undertaking
li Inn
...a" " -niminneslat by its former administrators, is now reduced to
Tar Ilvs sak= "Ili"
at e....v467. , rig feu 77,7604., no leas than 60,0004. having been paid off
iPrusiiitrei a D Aft.
...oicaueses mouse the year 18410 the " fund" will be altogether extin-
SIGH WILT= AT LONDON IRMO&
guished, and the whole of the profits will then be
irusDa*---= tt7.7...:Aissinase.na.k tilt applicable to Dividend. The unflinching spirit in .
which they rigorously hold back the requisite sum,
at the expense of the dividend, is deserving of every
LONDON. FRIDAY. NSBNUART N. com.endation.
—,---
But, inasmuch as the gross revenue is nearly
1."111°911 ntiliMien an making in messy ten thousand pounds kw than for the cor-
Nutters to prove that the majority of Friday last
pending six months of the previous year, it might
was a majority ii Amu of the amendment ; not
be naturally asked how can the Company contrive
against the soma reeding of the Conspiracy to
to defray all these expenses for repairs and renewals,
Murder Bill. We are told with a great ostentation
present and past, and yet pay an increased divi-
of Parliamentiry erudition-that the SPEAKER (the
dead? The answer is that, during the last halt
Seue ea. prole Nemesis, of Lord PUMEMSTON'a
peculiar choice) must have lapsed for a moment into year, whilst the revenue has decreased 9,6891., the
expenditure has decreased no less than 41,6251. Of
fallibility, if be allowed the division on the amend-
I
meat to be takeu as da•peeing of the Bill. The Bill, our great railway companies, how is it that the
it is insinuated, notwithstanding this division, may
thedown
expe Coun?tisaceeelnOotneotheesen
bc:eedentrivleextcthute
secret
by which soimport ant a result is brought about ?
answer, in !his matter, them learned pundits of theposition of Parliamentary decision. We an not careful to
The present of the Eastern Counties Com-
h lobbies: even according to the rules of their own Pan.
!Om conviction they are utterly 1 yis pregnant with instruction to railway re-
eraft we have a
formes. With a dilapidated line, with a heavy
i wrong. But wrong a' right is not the question. burthen of debt incurred for repairs, and with all its
This matter has paned beyond the region of forms arrangements thrown out of joint by a change of
I ,
and technicalities: it gas received the judgment of
the country. By that judgment Lord PALMERSTON'S . .
management, this Company is steadily emerging
f its difficulties sad attaining a most promising
"Harder Bill " ha• seen condemned, and we should Poulton. With such an example it is prematureto
.'
mad enough to mire it. The course of the new I- like to ere the man who will be bold enough and despair of the futon of even the worst managed
.4
Railway in the kingdom, for by putting the right
men in the right place all Railways may be made to
1 Administration is regard to this matter appears to
be perfectly free from difficulty. It the pay to the satisfaction of the shareholders, and, in-
result of the proceedings whichare already wait
corn directly but inevitably, to the great advantage of the
is t o -
mewed apins; BRINARD, which, when his capture general public.
is dieted, will be of course instituted against A etso r.
If, after the termination of Ileac proceedings, it ii LORD PALMRRSTON and Lord CLARENDON in
found that the existing law is inadequate, a founds- leaving office leave two innocent Englishmen to pine
tion wall be laid fur coisidering in what way it should needed and unprotected-one in a Neapolitan
be altered. At present all is doubt and uncertainty. dungeon, the other in a Neapolitan madhouse.
, I
There, for instance, is the Act of the 9th of The Government of Sardinia, which is so much Inte-
lGeoacie IV., which leaden "subjects " of her rested in the quarrel that has arisen from the sequel-
MAJE.TY triable here, as accessories before the fact, tration of the Cagliari and the arrest and detention
kl
for a - murder committed on laud abroad," and of the captain arid crew and the passengers, did not
punishable on conviction with death or penal serf-
fa at once to take up a dignified position towards the
dom for life. It i.e yet a moot point among the Neapolitan Cabinet. When it was proved by official
lawyers whether the word " subjects "in this unfor- il
evidence that the Cagliari had been seized by two
" tunately-drawn clause includes only natives, or Neapolitan frigates, the Tancredi and the/ftfore Fiero-
extends also to aliens. If the former construction moaca, at about 30 miles from Salerno and 12 from the
L be right, only A u.sor could be tried under it ;if the small creeks of Capri, i.e., on the free seas over
latter, Hessian might also. Again, under the which no one has jurisdiction-Count CAVOUR did
Common Law, it is another moot point, as we took not lose a moment in protesting against the strange
seession to show the other day, whether either a application of international law set forth ky the Nea-
" anlee oralien can be tried here for (.0081)404T politan Commission of Prize and Wreck. The right
1,..i teeffect a murder committed in France, on the ground of Sardinia in claiming the restoration of the ship
that such murder itself is not, except by special and the liberation of the prisoners was besides
statute, cognisable by our tribunals. We urged strengthened by the fact that at the moment of the
various reasons for adopting the higher and more capture the vessel had no rebels on board; she was
liberal view advanced by Lord CAMPBELL and
others of the law lords, that it is so triable ;bat under the command of her lawful captain, and
carried her national flag, which ought to have
f until the point has been solemnly adjudicated upon Stewed for her protection, immunity, and the
by the highest tribunal in the realm, it cannot be privileges of the sea. The Cagliari was not a
considered absolutely free from doubt. That, then, pirate : she had her patent of nationality, her ship's
, is the ground which any Ministry that expects the papers, and was not engaged in any act of piracy.
eapport of the country most take in respect of any She was not an enemy's ship, because she belonged
change in our laws regarding Aliens. Let us wait toarriendlypowerbywhoseflagshewuprotected,and
till we know authoritatively what the extent of the her forcible and momentary possession by a handful
existing law really is, how far it operates, and in of conspirators ooald not create that state of war
what respect it fails. When we know this,a founda- which can only exist between two recognised Go-
tion for future action will be safely laid; until we vernmenta. The assertion that the Cagliari was
know this, we decline to interfere ; above all, we abso- followed by the Neapolitan frigates, and then cap.
lately refuse to have anything to do with reviving tared, cannot change the point in question. The
that measure on which the country has paused decision of the Neapolitan Commission of Prize and
jadgmcnt-the Murder Bill of the late Prime Wreck, which we have carefully examined, is not,
I Minister,
therefore, founded on right; and did we not know
bow justice is managed in that unhappy kingdom, we
ONE of the most hopeful features in the recant should be at a loss to understand how any Court of
Balance-Sheet oft he Eastern Counties Company con- Prize could possibly have come to such a conclusion.
sista in the trifling extent of the addition made to There Oa case of a similar kind which is recorded in
1 the " Capital Account." The
. gross outlay on this the annals of French jurisprudence. It is that of
Account during the last half-year is only 7,6481., but the steamboat Carlo Alberto, which, on the night of
, , the set addition is no more than 4,8831., for it is a the 24th of April, 1832, sailed from Via Reggio with
remarkable fact that the Board have actually applied the Duchess de BERRI and her companions to convey
certain SUM is rallictuas of " Capital "-a feature them to France. Although the Carlo Alberto had
almost without parallel in Railway Accounts. For been captured nine days afterwards in the French
Oostance, a sum of 1,2181., truly described as an port of Coital, into which it had put forrepairs, having
. .." extraordinary receipt," which has reached the then on board some of the companions of the Duchess
41' -Company " from some unknown hand"-(let us then at Nantes, the Government of France did not
lupe from that or some former spoliator of think it right to have the matter settled by the
I the undertaking, stung by conscience)-has Special Court of Prise. The Court of Justice of
bass appropriates: in this manner. An unscrupulous Aix, and afterwards the jury of Moutbrison, gave a
Reilway Board would have lumped such a godsend lodgment by which the prisoners were set at
asompt the general receipts without special coot- liberty, and the Carlo Alberto returned to her law-
',
6.
mint in the Report ; a Board with a moderately ful proprietor. In that case as well as in this of
• obsess eanacience would have applied the money in the Caglion. a great principle of international and
onlastion of some "Suspense Account" standing maritime right was at stake, and the rules of
Avast the Company, and would even have arm public law required that the Courts of France
1 . gated to itself great credit for so virtuous a course; should decide the question in that way. On no
*Sally, a Board with a character to maintain, and principle that has ever been held valid by jurists solicitor for the permanent welfare of the under- ean any Government be called on to recognise in the
taking, would act as the Eastern Counties' Board armed vessel of a friendly power the right of cap-
has dose. The sum involved is small, bat taring, in time of peace, a merchantman on the high
the principle involved is by DO means uniniportant sus, except when the vessel is caught in the
Points of this kind ere the straws which indicate very act of piracy, which was not the case
the general tendency of a Railway Company's with the Cagliari. Count PISACANI'S expedition
1 policy, and basest Directors ought to be enoonraged was the act of a few exiles, engaged in a desperate
I
hy the aasurasee that such features will not be enterprise ; and it would be an abase of the legal
overlooked. Exclusive of purehues of land, the import of terms to compare and confound the attempt
yl satire addition made to the Eastern Counties of Ponza and Semi with a legalised state of public
"Capital Account" for the whole of 1887 Is only war, in order to fund on it the resulting right of
4,1641. The Directors are justified is designating prize. This would be the first time in the history of
1 this fact as " deserving the especial consideration " nations in which conspirators have been recognised
of the proprietors, for we believe there is no other as invested with the prerogative of a belligerent
Railway of equal magaitede in the kingdom that power. It is clear, therefore, that on all principles of
can show a similar result.
international right the Neapolitan Government must
The public will not have forgotten the outcry yield to the jut demands of Sardinia; and in
. . raised some years ago against the insecurity and any ease, that Government ought to be compelled
I "eye by which the "trice of the Eastern Counties to release the ship and cargo, and to hand over to
Railway was distinguished. Owing to the gime Piedmont the prisoners, whose pretence in Genoa
idemsaagemeet and want of thrift of the former will be required for proceedings to be taken before Dilution, the line gradually fell into a dilapi- the Admiralty Courts, according to the penal regti-
dated end aria ° stilt.' the real sulae being that lotions of that country. It will scarcely add to the
1 money which ought to hays been expended in repairs repetition of the ex-Cabinet that they have shrunk
... .
. ,