The Express.
London, England, 1860-12-17 00:00:00

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LONDON, MONDAY, DBC. 17.

The Russians have done us a real service, if
the Chinese news they forward is true. The
despatch received at the Foreign-office on Satur-
day afternoon brings intelligence from Pekin of
the 9th November, a date twentyeevan days later
than that of the advice. by our own mail. The
information given to the public is defective on
many points of great interest. We should have
liked to have had the aasuranoe that all the pri-
soners have been restored, although this must
surely be assumed. It would be also satisfactory
to know what proportion, however small, of
the expenses of this costly war we are likely
to receive from the treasesy of the Emperor
Of CHISA. But the great fact is one which
everybody will receive with a pleasure height-
ened by the circumstance that it was little
expected. Peace is made. The army has been
extricated from a false position, end Pekin is
evacuated. The achievement is so important that
the terms on which peaoe has been made will
not be too nicely scanned at home. Lord now
gin beet ;tidge whit is wee and passible, and if the
next mail fails to bring us intelligent), ci acts of
sanguinary retribution and reprisal which some of
us at home have clamoured s for, it will be
because he saw that acts of that cha-
racter would only involve us in new and
endless embattlements. From the moment our
forces moved up from Tientsin our Plenipoten-
tiary had only • choice of evils. His reluctance
to take Pekin arose from his fear of destroying the
Government, and the same thought governed his
treatment of the city. The eventual advance on the
capital was simply a measure of coercion caused by
the capricious sad wanton seizure of our country-
men by the Tarter General, acting, there is reason
to believe, without the complicity of the Chinese
Commissioners. There is not the least ground to
suppose that Lord ELois at any time ex-
pected from the occupation those perma-
nent political results which have been pre-
dicted here as certain to follow that measure.
Otherwise, having been compelled to take
Pekin, be would not have neglected to make the
pressure of British power felt there in • higher
degree than he has actually done. The Chinese
have never had their capital taken by a foreign
enemy before, but they must have had their
notions of what such an event was like, and the
impression left on their minds by our short sojourn
there must be, that it was after all no very terrible
calamity. It is now however evacuated. The
material guarantee, which we are told had been
acquired, is given up. We shall probably hear in
time that this was • condition of the pesos,
necessary to get the 'Lermaa back, and to
prevent the removal of the seat of goverument to a
city beyond our reach. Lord Knits has been
compelled to sign • peace without requiring the'
previous return of the EMPLSOS to the capital of
the Empire ; but if the third article of the Treaty
of Tientain is maintained, we may confidently ex-
pect that he will not this time leave the difilcult
commencement of settled diplomatic intercourse to
an inferior hand, but will take care to have • per-
eons' interview with the IMP/SOIL Our with.
drawal from Pekin will of course be talked of
throughout China as a compelled retreat; that,
however, was certain from the moment we marched
thither, and there is no help for it. The great point
will be gained if we get our little army again within
reach of our ships, and get out of the country with-
out leaving any open questions between the two go-'
venuneuts. If the demands of Lord Ewtx have been
no.lersze, as we expect to learn, the stipulations
to which the Chinese have assented will probably
be fulfilled, for our most experienced agents in
the East bear witness to the general punctuality
of the authorities there. On the other hand, an
overreaching policy on our part is sure to defeat
itself. We may force the signature of a treaty,
and exult in apparent success ; but a period conies
when our force is withdrawn, and we are involved
in costly wars.

Tiie verdicts given in two recent actions against
Railway Companies, for bodily injuries sustained
by passengers, illustrate • defect in the present
state of the law of compensation which, in the
luterests of justice and of the public, urgently re-
gistries amenduieot. The principle itself is of course
beyond discusmon. Every wrung must have its
remedy, and a passenger who has suffered an injury
that renders him unfit to pursue his calling, or
deprives him of the natural enjoyment of life, has
undoubtedly acquired • right which must be ascer-
tented by the intervention of the law. It is for •
jury to assess the diunage after hearing contra-
dictory evidence as to the nature and ex-
tent of the injuries sustained and the,
degree of lusa resulting to the plaintiff. Lord
Ca a esscx's Act brings back the old Saxon system
of money CUlUpelliittlUil for bodily injury ; but
it omits the principal recommendation of that
system—the establishment of a fixed standard of
redress. It may be said that the lose of health,
of memory, of a limb, is in some sort incapable
of adequate compensation ; fur what is life with-
out the means of living, or the faculty for its en-
joyment f Bodily injuries, however, are fairly
calculable (if we may be excused the expression),
in an objective sense, on ascertained don, and
according to fixed rates. And it is for want of •
tariff of money compensation that it happens that,
in the course of a long action and a tedious con-
flict of evidence--shat with partisan doctors mid
surgeon., ri Company disposed (in self-defence) to
put a ;einem:ger at the most niuderate figure, and
the paasmger's attorneys diaposed to assess him

at the highest price—the principled oempeneso
tins is shifted and obscured until it become
almost imperceptible in the verdict. Take the two
cams tried last week, for example. In the one
the plaintiff was a commercial traveller, at a salary
27151. per annum, which it was stated in evi-
dence "was to have been raised next year to 3001."
To this unfortunate gentleman the result of a rail-
way collision was that he was laid up for months
M a watering place, condemned to absolute repose,
and to warm saltwater baths. It was the opinion
of his medical witnesses that he would probably be
unable to resume his business as a commercial
traveller ; and, though on the other side it was
suggested that his symptoms were exaggerated,
the latest testimony of the surgeon who examined
him while the trial was actually going on was to
the effect that he had really sustained serious in-
jury. The jury gave him damages, 2,0001. In the
other case to which we are referring, it appeared
that the plain' tiff was a corn and flour factor,
" thriving in business " (after a period of ill
moms), and latterly "paying income tax upon
" 6001. a year." Evidence waagiven that the plain-
tiff had sustained injury to his brain and nervous
system ; that his memory was weakened and his
eyesight impaired. On the other hand, a surgical
opinion was produced, that the " ultimate re-
" oovery " of the plaintiff was " more
" than probable." The jury found for
the plaintiff—damages, 1,2001. Now, the
precise mama for the difference of damages in
these two cases is not immediately dis-
oernible. The commercial traveller was con-
sidered to have suffered permanent injury to
his back ; the corn and flour factor, at least a tem-
porary injury to his brain and eyes. Both were
incapacitated for business, and to both time and
business were the means of livelihood ; though
the income of the one was a fixed and limited
salary, and of the other a speculative and "thriving"
trade. Did the jury consider the loss of a small
fixed salary worse than the arrest of a "thriving
" business ? " Or the injury to limb more
serious than the injury to brain and eye-
sight? Or did the surgeon's opinion that
ultimate recovery was more than probable
outweigh the evidence that since the accident the
plaintiff could not remember the occurrences of

the day before, and that all things, even flour,
turned yellow to his sight I We are not concerned
to account for either verdict. We are not sug-
gesting that the amount wee in either case too
high or too low. But the obviously shifting and
arbitrary standard of assessment strikes us as a
defect injurious and oppressive in its operation.
The want of some fixed principle of calculation
tends to litigation and prevent. settlements. It
exposes Vie Railway Compathee to extortion, and
subjects the sufferer to inquiries and investigations
which tend to increase any injury to his health.
The present uncertainty is therefore an evil to each
of the parties immediately concerned in an accident,
and the general public is interested in the redress
of every grievance. It is therefore on behalf of the
administration of strict and simple justice, that we
contend for the advantage of a fixed tariff of money
compensation for bodily injuries sustained by pas.
sengers. The question which would then be submitted
to the jury would simply be the extent or existence
of the alleged injury. The pecuniary result being
known beforehand, it would very seldom happen
that resort to an expensive mode of inquiry
would become necessary. Medical investigation
would of course still be essential, but that evi-
dence, which now goes for next to nothing with a
jury, who naturally look on every surgeon as a
partiean, would be elevated to its proper station,
and, whether the inquiry were made in open court
or not, would be regarded according to the attain-
ments of the practitioner. If such • tariff as we
have alluded to could be frosted we are satisfied
that not only the railway companies but the
public would be benefited. The subject is one
well fitted for consideration by the Railway
ciation. They could obtain from a competent
actuary a table of rates embracing every possible
case for compensation, so as to combine certainty
with fairness". By the adoption of such • table an
equal economy would be effectedai costs and in
oompamion.

KNIGHTHOOD OF COLONEL ANDREW
SCOTT WAUGH, F.llB.

The knighthood of Colonel Waugh Surveyor-
General of India and Superintendent of the Great
Trigonometrical Survey, is an event that will I
doubtless be gratifying to many of his friends ; but
it will scarcely be considered by men of science,
whether in India or at home, as an ad uate re-
cognition of his long, useful, anddistinguished pro-1
fessional services. Men of comparatively small
claims, whose names are hardly known out of their
profession, on being appointed to judicial and
ptlier functions in the colonies, are made knights
bachelor as a compliment due to their official posi-
tion, and few will be disposed to question that in
such a case the occasion is properly met by the
award. But Colonel Waugh belongs to quite a
different clam of claimants for honourable notice.
He has been for thirty years a prominent member
of a corps (the Bengal Engineers) which Las always
been fertile of men of a high order, emulous of
honourable distmetion, and in every way capable
of achieving it. On the retirement of Colonel
Everest, iu 1843, from the office of Surveyor-Ge-
neral of India and Superintendent-Genmsl of thei
Great Trigonometrical Survey, Colonel Waugh was,
on the recommendation of that eminently scientific
officer, appointed his successor, and that he has
fully vindicated the high character then given him,
and his capability to carry out the great trigonome-
trical and geographical survey of Ind* dnittsxl
by Colonel Everest as, of its kind, a "coloesW series
of operations without parallel perhaps in the
history of mankind," has been repeatedly acknow-
ilelgel hy the scientific world, as well as by the
Hon. Court of Directors and sucoessive Governors-
General, who have from time to time honoured hint
with their warmest approbation and thanks. Colo-
nel, now Sir Andrew Waugh, has obtained the
highest scientific honours which this country can
bestow. He is a fellow of the Royal Society, and
in 1887 he was awarded one of the two royal medals
of the Royal Geographical Society " for the encou-
ragement of geographical science and discovery."
On this °mason the Hon. Court of Directors, iu •
letter to the Governor-General of ludia in Council,
said :—" This recognition of the services of Lieut.-
Colonel Waugh, in prosecuting during the last
thirteen years the operations of the great trigono-
metrical and geographical survey of India, it
highly honourable to that officer and gratifying to
us." We confidently trust that at no distant
period the name of Sir Andrew Waugh will be en-
rolled in amociatiou with the Most Honourable
Order of the Bath.

Lord Bloaaldd, British Ambassador to Vienna,
sad Lord Napier, Armor to Mt. Petersburg, are shoat
to be raised to the teak of Privy Councillore.
The Hon. K M. Erekeiue is appointed Secretary
of Esuhaasy at Constantinople, in suceorion to Mr. Hanle
Lumley, who Is appointed Secretary of Embassy at Ht.
Petersburg.

- ----- ---.•
The Rev. Mr. Maurice hag returned a lengthened
ariewer to the sikiress presented to him some time since.
He considers he has Do right to b. called • learned theolo-
gian, sof can he assume to linneell Aug vocal oeel in behalf
.4 the working-armee.
The Rev. Henry Julian Bigrby, M.A., has been
licensed to the perpetual curacy of Nt. Thomas, South•
borough, in the perish .4 Toebridge, county .4 Kent, and
dilator ..f ceuterbury, Lately erected sad esoorecnitedi Ma.
Nandi Pugh, teams. The Rev. Jouetluta HenryLovett
Cameron hes tom presented by the 1-#11.41. sod CLaj.ter el
We.tailuater to the Vinarage of Shoreham, imam amity sad

gilt earl*
Clianao DllO.
The Royal dinner party yesterday colaprised the
Duchess of Cambridge, the Primer Alice, the Prince
Alfred, the Princes Miry of Oaasteides, Prince Loeb
of Hems, the Duke of Allied, the litessels et Ohandoe.
lady Geraldine Illosisseest, Vbeosall Sydney, Lord sad
Lady Chumhdl, Bic 0. 0. and Ledgibevea Lewis, Ideut.-
General and Duly Alice Peel, Bane von Westerweller, and
Lieut.-Colonel Puma
The band of the Scots Fusilier Guards played during
dinner.

The aeoond dramatic paidartnaase this sewn took place
in the evening. The ocenedy gm that by Mr. Tom Taylor,
entitled the Biagi in Me Wood, played by the Haymarket
company.

At a quarter before 3 o'clock to-day her Majesty held a
private investiture of the Order of the Bath. The Prime
Consort, Great Master'of the Order, was present.
Lieut.-General Bir Charles Yorke was havestedas a Mili-
tary Knight Grand Cross.

Major-batted Thome Aimhew Lerman (civil), Colonel
Anthony Coninghant Sterling (anitary), George Lloyd
Hodges, Esq. (civil), mad the Right Hon. Sir Edmond
Walker Head, Bart. (civil), were all introduced, knighted,
and invested as Knights Commanders of the Bath.
Lieutenant-Colonel Robert Pratt, Med Royal Welsh
Pollan (military). Edward Anderton Reads, Eel., Bengal
Civil Sinks (civil); and Francis Otway Mayne, Fag., Bengal
Civil Service (civil), were introduced and received from the
Queen their hedges as Companions of the order.
Albert William Woods, Req. Lancaster Herald, Registrar
and Sersetary of the order, attended.
Virmonst Torrington and the Hoe. Mortimer Seekville
West were the Lord and Groom in Waiting, and Lard
Charlie Pits Roy and Major Du Plat were the Equerries in
Waiting.
His Royal Metals, the Prises of Wales arrived hom
Oxford in the afternoon, attended by Major-General the
Hon. R. Bruce and Lieutenant-Colonel KeppeL In addi-
tion to whom the Royal dinner party included the Prince
Alfred, Princess Alice, Prince Louis of Hew" Prince and
Princess Leiningen, the Marquis and Mutitisam I Nor-
manby, Colonel the Hon. Sir Charles Phipps, Dr. Bab;
Baron von Weitereeller, Major Cowell, and the Rev. A. P.
Stanley, from Oxford University, who arrived on a visit in
the afternoon.

80WDAT.

The Quite and Prince Ceased, the Prince of Wale.,
Princess ARes, Prince Alfred, Prince Arthur, Primmes
Helena, Primers Louise, and Priam Louis of Hems, the
ladies and isetlesieu of the mart, and the domestic home•
hold attended divine service this rimming in the private
dispel. The Rev. Arthur Peurhyu Stanley preached the
WOIOO.

A Cabinet Council was held on Saturday
at the official residence of the First Lord of the
Treasury, in Downing-street. The ministers present
were Viscount Palmerston, the Lord Chancellor,
Earl Granville, Sir G. Cornwall Lewis, Lord
John Russell, the Duke of Newcastle, the Right
Hon. Sidney Herbert, Charles Wood, the
Chancellor of the Exc uer, the Duke of Somer-
set, the Right lion. T. M*aior Gibson, Lord Stanley
of Alderley,liir George Grey, the Right Hon. C. P.
Villiers, and the Right Hon. Edward Cardwell.

Tb. Chancellor of the Exchequer arrived in town on
Saturday from Rewarder. Castle, Cheater.
The Jedicial Committee of the Privy Council eat on
Stherhity. An appeal from the Admiralty Court, the
Zest Lethisn (part beard), was conlnded. Judgment was
per•
Deepatehee were received at the Colonialcthee on Satnr-
from the Governors of Malta, Gibraltar, and Mauritius.
were not to the Governor of the North
Amanna Provinces, the West India Islands, and British
Columbia.

PIETIVITINS TO THE PRINCE ;OP WALES Al
017011 D.

The deanery at Christ Church wan on Wednesday
evening heenerred with the promisee of his Royal Highness
the Priem of Wales, who graciously accepted an Invitation
to dine there on that day. The following had the honour
of dining with his royal highness :—The Very Rem the
DIM and Mrs. Liddell, the Vice-Chaaeslior and Mrs.
Jeans, Hon. Lady WdMenison, the Hon. Mrs. Follower,
air Thames West, Hart., and Mies West ; the Warden of
New College,the Regina Profaner of licelesieeticel History,
and Mrs. Stanley. In the orewieg Ma. Liddell gave a
grand soirte, when the oammay wee aegissented by the
Duke and Duchess of liselboroegh, Lord and Lady
and other distinguished visitors from Blenheim Palace ;
Lord Hamilton, Lord Newry, Lord Kershaw, Earl Brown-
low, Dr. and Mrs. Acland, ha, kc. The oonipany num-
bored upwards of sixty.
On Friday evening the prince honoured the Vim.
Chancellor with hie company to dinner at Pembroke
College, when a distinguished party was invited to meet
hie royal highness. The company who had the honour of
dining with the prince were the Vice-Chancellor, Mrs.
Jenne and Miss Jenne, Major-General the Hun. B. Brew
and Mrs. Bruce, Lisutswint-Golonel Koppel, Lord Newry,
Right Be,. J. W. Harley, M.P., Mr..l. H. Lang, Si.?.,
the Dean of Christ Church and Mrs. Liddell, the Resins
Professor of Divinity and Mn. Jawbone, the Principal of
Bt. Alban Hall, the Principal of Bt. Mary Hall, and Mr.
Neiman William Senior. At a later hour the Vine-Chen-
ostler and Mrs. Jenne gave an evening party on an exten-
sive scale, which was attended by the fliteot the university,
including most of the heads of houses and professors, with
their wives and families. The guests amounted to upwards
of IW.

It is rumoured that her Majesty will pay a more pro-
longed visit to Osford than her recent one when the
Pruatio of Wales has the honorary degree of D.C.L. con-
ferred upon bus, after the completion of his studies at
Ounbridge.

It le acme currently rumoured that Frew= Hall has beep
take. permanently by the Queers, as the future residence of
the younger hmuches of the royal family who may pursue
their studies at Oxford.

Their Serene Highnesses the Prince and Prim-
ers of Waimea witatesed the performanosa at the Adalpbi
Thisbe on Friday weals&

The Princess de lieaufays, accompanied by the
Countess Barad( sad Baron &Oaten, ham taken her depar-
ture from the Brunswirk Hotel, Jerroyn-strest, for Paris.
The Duchene of Hamilton and family hate arrived
in Arlington-Arlen from Sootland.
The Duchess of Sutherland will leave town to-
day on a Alt to kor Majesty at Windsor Castle.

The Earl and &Maims of Westmoreland hare
left the Si. George's Hotel, for Apethorpe Park, North-
amptonshire.

The Earl and Counteas of Winehilsaa and Lady
Pkwenos Peget left the St. George's Hotel am fiatardar for
indwell Park, Ashforl

Franc a@ COUlltella Waldegrava and Mr. Harcourt,
ILP., •rc eataradoing • saw& circle at Nuns Lam
Ozoo.

Viscount and Viscountess Palmerston leave turn
todayoo a visit to her lisdasty at Windsor Castle.

Lady Victoria Ashley and the Hon. Lionel
Aabley arrived in town oa flaturday from visiting the
Countess Cowper, at Wrest Park, Bedfordshire.
Colonel the Hon. W. P. and Lady Kama Talbot
ere staying at Knoweley Put, Inneaahire, on a visit to the
Paul and Countess of Derby.

Sir Jaime Weir and Lady Hogg and family have
arrived from Brightoa at Oarttori-gardens.

The Countess of Maoclesield gave birth to a
Em. at, Mirburn Castle, Tatsworth, oa tha lith.

Mr. Hope Johnetoue, the young gentleman at
Eton whose leg was broken at foot-hall a short time since,
is going on favourably. The Earl of Jersey L. quite reco-
vered from his serious illness.

A letter from Rome of the Bth ooneludes as fol-
lows -" While lam closing this a hand of young men is
passing under my windows, singing Garibaldi's hymn. It is
not long sines a similar freak would he quickly followed by
gendarmes and prisoo, and now I suppose they will be left
unmolested. This cannot go on long, and one of the
diplomats here told me today that we should have a
change wooer than was expected. CAi virrd (yard."
A letter from Melbourne by the present mail
mentions that a solid coke of gold, worth 9,500 f., the pro-
dace of the crushing of only ten tons of quarts from a reef
near Inglewood—a locality scarcely known twelve months
ago—had been sold to the Bank of Now Booth Wide*.
This bank had also purchased at Sandhurst • cake weighing
about :101 ounces, the produce of 31 tons of quart:, and it
is lammed that the same reef will prudues 30,0001. a year
for many years to come.

CEI9:
Lela ,trrimuGENcir.
REPOitTED PEACE WITH CHINA.
FOILSIGN-0171CP., torc. 15.

Intelligence has been received at the Foreign-
office this afternoon through St. Petersburg from
Pekin, up to the 9th of Nov., stating that peace
waa concluded on the 26th Oct., and the ratifica-
tions exchanged. On the 6th Nov. the allied forces
evacuated Pekin, and the Emperor was expected
immediately to return to his capital.