The Express.
London, England, 1858-05-28 00:00:00

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RION WAIL& AT LONDON BILIDON.
r.elzzAtasrA Nos Allsersa. os.
Oa.. aftsrosas. 81. No.

LONDON. NRIDA Y. NAY 2L

THAT Mr. Dienamt has made a brilliant and
OftetiTe speech, no one can deny. It was telling, it
was pointed, it was vigorously sarcastic. It may be
a question how far it was judicious. Prom its
twee it may be fairly inferred that he and his
friends are fully aware that their late maps ea
Mr. CARDW ALL'S and.. Swam them no prolonged
vomits from attack, and that they believe a mare
real sod vital struggle of parties is at hand. Were
it otherwise, the CHanczuka of the Excannuen
would hardly have deemed it prudent to memo the
lempage of ridicule and defiance is which
he has so freely and so deliberately in-
&Aged. Open exultation at a great success, even
theigh it be caused by. the disunion of imailente
rather than by the prowess of your own form,
is perhaps a pardonable though certainly not an
nameestiouable imprudence ; but exultation is cue
thing, and actual provocation is another. When
the captain of a beleaguered garrison sallies forth to
parolee his retreating foes, and challenges them to
return to the breach or roofer themselves yen-
quished swaggerers and impostors, he either ems-
mite the gravest of indiscretions, or executes the
men daring of movements for the sake of its effect
on the morale of his own adherents se well as that
of their antagonists.

There will doubtless be many who will ascribe the
after-dinner speech it Mr. DISZJAILJ at Slough to
men vainglarying and Lactation. They will say
that it is only of a piece with his rash pro-
mise to adhere to Lord ELL/JIBOILODOWN hap-
less India Bill just before he was compelled
formelly to withdraw it, and with his squally
hasty disclosers of the content' of Lad num.
30101:101e11 memorable despatch. Mr. Mirowitz
and every learned prig after his kind will naturally
szelaim that this is but another proof of the unfit-
mess of any man to be entrusted with the tying or
untying of Cabinet tapes, that has not regularly
served his time to some of the initiated in
the bureaucratic craft. They will sneer at the
want of reticence and judgment displayed in
thus taunting and twitting a baffled party, whose
numerical strength is still confessedly so
formidable, instead of being content to repose
on the victory won for the outnumbered host, not
by than.

Oa the other hand, people who are disposed
to look dispassionately at the whole affair will be
tempted to ask whether there may not have been
purpose and design in what looks at first view se
iike foolhardiness. What if the keen-witted leader
of the Tory party, embarrassed by the difficulties of
hie position, and conscious of the internal weak-
ness of his ostensible forte, felt that some animal
bat was necessary to rally back to their hearts the
languid current of party and clam prejudices,
and to reanimate them, aa in former days,
with the courage and constancy indispensable
to their preservation as a hat? What if, seeing
is the late suicidal failure of the Opposition an oca•
Mon for triumph sad bravado such as might never
occur again, he resolved, in concert with his admi-
nistrative colleagues, that they should avail them-
selves of it, and try at any hasard to put pluck into
their awn ? Why not come out of their entrench-
ments, and show the world that they were not •
bit the worse for the last encounter, and not a bit
afraid of another, no matter what might be the odds
against them ? Popalar feeling is alwaye much
disposed to lean towards the " little fellow " if he
shows spirit, and to jeer his bigger antagonist, ape-
Many if he shows any sign of wavering. The laws
of prise-fighting are probably immutable, and the
morality and logic of the ring are much the same
whether the rounds are fought in some Nameless
geld or at historic Westminster.

There is another upset, however, in which the
remarkable speech of Lard Denny's lirst-lientaseat
will middy be viewed. Bat seven days have yet
elapsed does Lard PALIMILISON was fain te mike
a vistas of neemeity, and to signal Mr. CairsweLL
te till beak i yet already there are symptoms sot to
be mistaken of an intention to renew the attack
sad it is sot beyond the Waite of possibility that ere
another week elapses the unappeued desire of party
emellist oa the part of party leaders should be deve-
loped is asw circumstances and DOW forms. Among
the rook and ale of both aides other fading, may
preveiL Conservative members generally weld, of
mearee, be only too 'led to be SUOlrlid te tube it
eery daring the remainder of the made.. Mak I
mends are in ; and though they may not be quite es
het rooted in their old faith es they seed te be, Wile II
spas the whole, they would be sorry to me them
gamed eat, and, if smiled by the Whigs, they most
stand to them.

Amongst independent and theughtfal Liberals
there is Oa mach indisposition as ever to pnmatare
nation, or to any &olive mireameat without definite
and explicit purpose, and definite and 'splint eon-
&Woos es to the see to be sada of mecca. Bat Mr.
DUILAILI may well be raged he being seeptiial
as to the duration of obstinacy on the part of these
Whig loaders who have so lately been made to feel
that their day of dictation has paned, and that
their dream of monopoly and minion can never be
realised again. Veteran =baits will not wait i
and as soon a. it has bean thenraghly 001thaild
that without • broad and palpable Sag inemilred
with the watchword of " Program " it ens sever
sigeia 10 still coveted position it sass enjoyed,
probability that sine a flag
days, it may be weeks,
• may be nigh at
and terror the
ParalYwd b 7

disunion, but compactly arrayed
ensign of other days, would be
ea the part of the Tory occupant; of the poets of
power. They most play out or give up the game.
They met resuscitate their strength, and reis-
rigorate their reactionary zeal by whatever appeals
to the traditions, the interests, or the superstitious d
the Past. Above all, they must invite attack instead
et abiding it, and precipitate collision, if they would
/1114 be crushed by it. While the sins of their rivals
are still fresh in remembrance, and as yet they have
net had much time to perpetrate very many of their
awn, it may well be thought prudent of the Derbyite
Oabinet to defy their oligarchic predominates to
seasure their strength with them, rather than wait
mail the dibria of the last Administration has been
heal is a general reconstruction of a Progressive
If this be the true explanation of the bold
sad dulling harangue delivered by the CHANCLLLOII
of the EICHIQUIS on Wednesday last, it will not
appear to be so imprudent as a superficial glance
would lead us to imagine. Audacious though it be,
It may not perhaps turn out to have been maladroit,
sad the performance, however melodramatic, will be
adjudged to have in it more of plot than of pumice.

Tan proximate retirement of Mr. Justice Cots-
RIDGE from that seat on the Judicial Bench whit*,
with so much credit to himself and so much benefit
te the country, he has occupied for the long period
of three•and-twenty years, baa thrown upon Lord
CIIILMICIILD the responsibility of appointing a
new Judge. The gentleman upon whom his choice
has fallen is Mr. Hvon HILL, QC., an eminent
practitioner at the Common-law Bar, and for some
time ewe of the leaders of the Northern Circuit.
The 1/111Hissms voice of the profession will pronounce
this selection to be in all senses unexceptionable.
The truth of the old maxim, that it is office only
which proves the man, has rarely been better
illustrated than in the difficulty of conjectur-
ing beforehand whether any given lawyer of
distinction will maintain on the Bench the reputation
he has achieved at the Bar. Many learned jurists
and many brilliant advocates bans proved compare.
tive failuus u Judges, while others from whom
little woe expected have made very valuable and ex-
cellent magistrates. In the exercise of his very
responaible office, however, the CHANCELLOR cannot
go far wrong if he takes the general opinion of West-
minster-hall as his guide in the selection he has
to make. The habits of a gregarious profession,
whine each man works ander the vigilant inspection of
acute and thoroughly informed fellow-practitioners,
are eminently favourable to the formation of as cor-
rect a judgment as can be obtained beforehand with
regard to the probable fitness of any given barrister
for promotion to the Bench. It is not only the in-
tellect, but the moral character—it is not only the
moral character, but the temper and the manners,
that are daily pat apon their trial before the most
competent and not the most lenient of armors, in
the course of an erten/live, practice at the Bar.
Tried by these tests, the new appointment is a
thoroughly satisfactory one. Quite irrespective of
politics, and apart from all reference to any other
wand/ration than eminent fitness foe the post, Mr.
Huhu HILL is, on the whole, the best man that
could have been selected for the vacant ludgship.
His range of common-law learning is extensive and
prebend; areedy and retentive memory gives him a
facile command over its accumulated stores; his
judgment is sound, his acuteness considerable, and
although by no means eloquent, he possemes a
copious flow of precise and accurate limper, well
adapted to juridical argument or lucid expoei-
tion. Mr. HUGH HILL, like Sir Howl
CAIRNS, is a native of the sister country,
which, in the persons of Sir SAMUIL MARTIN and
Sir Jaunt WILLES, has already given two judges to
Westminster HalL That three out of our fifteen
chief magistrates should be from the other side of
St. George's Channel can hardly be cited as an in-
stance of injustice to Ireland. It is probably as
striking a proof u could well be given that the
honour, and emoluments of the empire are impar-
tially open to all the citizens of the United
lingdom.
Sir Joint TAYLOR COLERIDGE, who vacates his
seat on the bench at the close of the present term,
will any with him into his retirement the reaped
and good wishes of the profession. Hews@ not only
as able lawyer, but a thoroughly cultivated scholar.
The singular brilliancy of his Oxford career is still
a tradition in that famous seat of learning. He is
well known, throughout the whole course of his
forensic and judicial labours, to have blended the
amenities of literature with the graver studies of the
law. As a leading member of the Oxford University
Commission he has entitled himself to the espe-
cial thanks of every one interested in the highest
branches of English education ; and it is not his
fault if the Report of the Committee on Legal Edu-
cation, in which he also took a prominent part, her
not as yet led to more eatiallictory results. It is to
be hoped that by the prosecution of these and kindred
objects, Mr. Justice Col.salhoz may still find the
MOMS of doing the State good service in the well-
earned repose of his honourable retirement.

(oosoruniceran)
To the two great political parties as well as to the
public at large the recent proceedings in Parliament
ought to present warnings on the largest scale
against those measures proposed for the future go-
vernment of India, which literally take power from

deliberation and give it to indeliberation.- The one
side may be asked to consider what they are doing
in striving to augment the power of future Ellen-
boroughs. The other aide may be asked to ponder
on the proceedings to which they are urged for aug-
menting the power of future Vernon Smiths. Both
sides may be asked whether there is any reasonable
prohabihty, ander the conditions of direct parlia-
mentary—i.e., party—government, that there will
often be better appointments, or indeed such good ap-
pointments as that afforded by the original promise
' of Lord Ellenborough, the pet of the old Duke of
Wellington. We take the declared convictions on
both aides as being on this question each true of the
other. The third party, the public at large, may
now be asked to consider calmly the examples re-
cently presented to them of the working of the de-
liberative element, by a council having previous
knowledge and giving their whole time to the sub-
ject, as contrasted with what may be called, by com-
parison at any rate, the indeliberate element—the
parliamentary functionary, whose attention is di-
Tided between his Indian and his parliamen-
tary or party duties. Let it be considered that
the public development of the mutually proclaimed
defects in the conduct of the parliamentary officers
has in reality been accidental. The display in the
ease of Ali Moored, of an Indian prince, by hiring
a member of the legislature, getting back a terri-
tory which it had, upon fall inquiry, been pro-
nounced he had obtained by forgery, was perhaps
the more full display of the working of the In-
deliberate element through the parliamentary
chief, as contrasted with the deliberative element,
which, being leas exposed to the parliamentary
influences, refused, upon the mere
immure of thaws
influences, to annul a disinterested judgment. This
are affords the more full display, because it is an
example of its working on more frequent and less
extraordinary occasions. The display of the case
before Parliament was entirely accidental—of acci-
dental individual revenge or passion ; yet of what
avail was the working of the so-called direct reepoa-
sibility to Parliament ?—what the encouragement to
similar disclosures, or the prosecution of future
offences before Parliament from any sense of public
duty ? But for party paella' as well as accidental
individual resentment, the declared maladministra-
tion of the parliamentary chief in the later in.
stance would have passed with as little notice or re-
sponsibility of any sort being attached to his
conduct se was attached to the conduct of Sir John
Cam Hobhouae for the disastrous Affghan war, its
sacrifice of life and upwards of nine millions of
money, against the remonstrances of the delibera-
tive council, which, if it had been empowered, would
have protected the State from the evils which betel it.
Let those who consider the operation of the two admi-
nistrative elements involved be on their gaud against
being deceived as to their real nature and necarary
working by any changes in their external forms and
paraphernalia. Let them weigh the two examples
which we some days ago gave of tie working of
changes precisely analogous in principle, the aboli-
tion of the deliberative 'Poor-Law Board of perma-
nent Poor-Law Commiasioners, and of the delibera-

Lire Board of Health composed also of permanent
commissioners, and the substitution for them of

single-seated presidents directly responsible to
Parliament. Let them consider the conse-
quences, the improvement of poor-law administra-
tion checked at its oommenoement, the law of paro-
chial settlement maintained, and the burthen of the
rates augmented in extensive districts almost to their
former amount; the administrative arrangements
for the promotion of health and physical im- '
provement broken up into fragments and ruinous
confusion. If the facts, of which we havegiven only
brief indications in these lines, be duly
considered, it will be seen that instead
of abrogating the deliberative element, the
public safety requires that its more full and free
operation should be ensured, and that in England it
is the working of the executive element which re-
quires new checks and securities. Administrative
execution must be mainly in India ; for England it
is mainly legislative deliberation alone, and as a
last resort, that can be usefully exercised ; and here
with due arrangements for fall and trustworthy in-
formation it may be best exercised with the least
Lies from local interests and local passions. But
here our governments, instead of developing this
element of safety, are, if the public sense permits
them, taking the most effectual means (devised by
men whom both sides declare to be incompetent for
legislation) to extinguish it.

regain the still coveted position
ONMII i. at all events a probsbiliti
Ray be autarkic!. It may be days
but the time is owning, and it
hand. To wait in silence
onsianibt of Liberalism no loci
•
•

• - #
ksl"R
uncle; ifee renoviei ADMITMTRA ESPII6ILITY
hopeless infatuation PARLIAMENT.