The Express.
London, England, 1850-12-05 00:00:00

ITALY.

ROME, Nov. 25.
It is said that negotiations have been undertaken
with the governments of France and Naples for the
purpote of establishing a permanent garrison of French
troops at Rome and in the neighbourhood of the capi-
tal, and Neapolitan troops in the other provinces.

HOLLAND.—Accannts from the Hague state that
MM. Nedermeyer Van Rosenthal, Lucas, and Van
Spiogler, Ministers of Justice, Marine, and War,
having felt offended at some proceedings in the Se-
cond Chamber with regard to them, have tendered
their resignations.

LONDON AND NORTH WESTERN RAILWAY.—
Return of traffic, for the week ending let Deoember, 1860.
Pasesniers, parcels, carriages, hones, and mails, 20,0111.
4s. 44.; merchandise, 16,9381. 16s. 64 ; cattle, 1,6581 So, 6d.
Total, 38,6061. 91. 41—Corresponding week, 1849:-
87,7811. IBe. 24.
LONDON AND SOUTH WESTERN RAILWAY.—
Amount of traffic on the London and South Western Rail.
way for the week ending
_Dn. 1, 1860: Pauengers,
6,1101. 14s. 104. ; goods, 2,4661.35. 7d. Total, 8,6761 181.6 d
MIDLAND MAILWAT.—DERBT, DEC. 3, 1850.-
140 mo, Truffle: Week landing Deo. 1,1850,20,2351 Is. 64.;
week ending Dee. 2,1849, 20,0491. 6ru 10. Aggregate • 1849,
601,4721.11;. 7d. ; 1860, 616 2621.165. 44.
BOUTS WALES RelviveT.—Treffio for the week
Geeing Dee. 1, 1860: Passonpn, 6241. 6s. 64.; parcels,
331. 14s, 7d.; goo*, 1141, 101. 24. Reclusive of mails,
STU 15a- 2d.

COLONIAL.
CAPE OF GOOD HOPE.
We have redeived Caps Town journals to October
16, those from Natal to Sept. 27, and the Graham's
Town Journal of Oct. 6.
The following is the report of the residuary mem-
bers of the Legislative Council, not delivered at the
time our last advice. were despatched :
Cape Town, 30th Sept., 1850.
To His Excellency Sir H. 0. Smith, But., 0 C. 8.,
Governor, &c., duo , etc.
I. We, the undersigned, nominated by your excellency to
act as a board of commiesioners for the purpose of resnming
and entipletirg the consideration of the several autjecta
which were before the committee of the Legislative Council,
appointed to inquire into and report upon the proposed con-
stitution for the future government of the colony, at the
time when the proceedings of the committee were inter-
rupted by the retirement of the four members of council who
recently resigned, have investigated the matters to us re-
ferred, and have agreed to the following report:
11. By your excellency's letter, appointing us to act, we
observe that your purpose is to transmit our report with
your own remarks, and any petition from the colonists, to
the Right Honourable the Secretary of State, "ice order that
her Majesty's government may be in a position to determine
upon the course which it shall be fitting to adopt in regard
to the establishment of representative institutions at the
Cape." From this it follows that the course of legislating
upon the subject by ordinance, as prescribed by her Melee-
ty's lettere patent of the twenty-third of May, 18,50, having
became, in fast, impracticable for the present, her been
abandoned by your excellency; and as this unavoidable
change of plan will necessarily require the recall of those
letters patent, and the issue either of other letters patent cr
of an order in council, we shall not, in this report, regard
the provisions contained in the existing letters patent as
near unity withdrawn from our consideration.
111. The letter patent of the 23rd May, 1850, established
the following points:
"Ist. That the colonial legislature should consist of a
governor, a legislative council, and a house of assembly ;
both chambers to be entirely deities, except ea to one per-
son, viz., the president of the Legislative Council.
2ndly. That the chief ;thrice of the colony for the time
being should, es officio, be the president of the Legislative
Council.
" &die. That both Chambers might be dissolved together,
should the governor think fit, or the Assembly be dissolved
without the L,gislative Council."
IV. We believe that the expediency of a Second Chamber
is not now questioned by any influential portion of the
colonists, and we consider it usneceasary to dwell upon a
subject on which there exists, it is believed, little or no
die. rsity of opinion.
V. In regard to that provision of the existing letters
patent which constitutes the chief justice president of the
Legislative Council, the case is very different. This sub-
ject was discussed in the Committee of the Lseillstive
Council, and the members were unanimously of opinion that
her Majesty should be humbly solicited tc rescind • provision
which seemed to bring the bead of the Supreme Court into
a connection with the general business of the legislature too
else to cocsist with the preservation of that degree of respect
from all parties, which so high a magistrate should at all
times command,—and which, by combining in one person
the distinct duties of =eking and of expounding the law,
must tend to lessen the confidence of the public that they will
be sure to receive from ti.• chief justice, in his judicial capa-
city, interpretations of the law which shall be wholly free
from any Previous biu arising from opinions given by him In
his capacity as a member of the Legislative Council. We
believe that the inconveniences likely to be felt from requiring
the high functionary in question to descend from the bench
of justice into the arena at colonial polities, would far outweigh
all the advantages which could be expected to result trim
ouch a measure. And we, therefore, venture to express our
hope that her Majesty, taking into consideration the uni
venal repugnance which exists to risking in such a way the
future character of the adosinistratitn of justice in this
colony, will be pleased to rescind the provision upon which
we are observing, and to leave to the Legislative Council the
election of its own president.
VI. The powers conferred upon the governor by the
letters patent in regard to the dissolution of both bouts
11ssggestker, or the Houe of Assembly separately, we view as
betc.
extremely
areaware
irvery
salutary.
many of the public, taking, u we
inruceive, defective views of the objects, uses, end a ivaritages
et • Second Chamber, and desiring to place the whole power
of the colony in the hands of the Assembly, are prepared
to insist that the Assembly shall, in no case, be dissolved
unless the Legislative Council be dissolved at the same
time. It is probable indeed that a large numerical majo-
rity of the inhabitants will be found to advocate this re-
daction upon the right of dissolution. We cannot, however,
hesitate to say that we should regard such a restriction as
short-sighted and mischievous. It appears to us that one
mein end of a Second Chamber is, to moderate the action
of popular excitement, and if, in every case of dissolution,
the members of both houses are to be elected at the very
same time, this main end must be, almost necessarily,
sacn-
geed. No reason can, we think, be given for establishing a
qualification, as regards lige, or property for the members of
tee Upper Mouse different from that required for members
of the Lower, or, indeed, for establishing an Upper House
at all, which will not be a reason for rejecting the principle
that at the very moment when popular excitemeut will be,
presumably, moat violent, the members of both houses shall
be chosen under the same impulse. Penons who would
ge the duration of both houses, under ordinary eir.
cumstances so as to have the elections for both contemporia
minus, might yet, most rationally and consistently, make an
exception in the peculiar case of dissolution. But how per-
sons who think that there is • reason, under ordinary circum-
stances, for arranging the duration of the two houses, so as
to have the elections for both at different times, can
rationally and consistently maintain that, in the peculiar
of a dissolution, the elections for both houses shell for

once be simultaneous, we do not understand. We, there-
fore, humbly recommed, that the provision of the existing
letters patent relative to the right of dissolution be retained
in any other intrument by which the new constitution may
be finally established.
VII. We shall now proceed to submit to your excellency
the several points considered and provisiosally agreed upon
by the Committee of the Legislative Council, previous to the
interruption to ite labours already mentioned :
"1. That the parliament ought to consist of a governor
and two houses—a Legislative C ,uncil and a House of
Assembly—was, as we have already stated, unanimously
resolved.
" 2. It was unanimously rosolved,—That the members of
she Assembly should be chosen for three years.
" 3. It was unanimously resolvid,—That every person, not
subject to any special disqualification, who should have
occupied, for his own use and benefit, within the limits of
any electoral division, for twelve calendar months, fixed
property of the value of 261., should be entitled to be
registered as a voter, and to vote, in that division, for mem-
bers of Assembly.
"4. It wee unanimously reeolved,—That the 20 existing
fiscal divisions of the co:ony should be, respectively, electoral
divisions, returning each two members to the Assembly;
that the municipalities of Cape Town and Gress Point,
voting as one electoral divisi in, should return four members;
and that the municipality of Graham's Town, as another elev.
toral division, should return two members ;—making, in all,
a House of Assembly of 46 members.
" 6 It was unanimously resolved,—That any person qua-
118ed to be registered as a voter, and to vote for members of
Assembly, in any electoral division, might be himself elected
a member of Assembly for any electoral division.
1 .• 6. It was unanimously resolved,—That the Legislative
Council should consist of 15 members.
" 7. It was unanimously resolved,—That members of both
houses should receive from the colonial revenue a daily
1 allowance for exposes while attending their legislative
duties, and also travelling expenses upon the principle of
mileage.
"8. It was resolved, by a majority,—That the qualifiia•
ticn of the electors for both houses should be the same.
" 9. It was resolved,by a majority,—That ne person under
30 ]ears of age should be competent to be elected a member
of the Legislative Council.
" 10. It was resolved, by a majority,—That no person
should be competent to be elected a member of the Legisla-
tive Council who should not be the owner of fixed property,
within the colony, to the value of 2,0001. above all registered
incembrancu thereon, or the owner of fixed property to the ,
value of 2,0001. who should be worth 4,0001. above all debts.
" 11. It was resolved, by a majority,—That of the mambas
of the Legislative Council first chosen, seven should, by 10.,
vacate their seats at the end of five years, and the rcossidag
eight at the end of ten years, in such manner that, t xcept is
PM of dissolution, there should be elections of seven mem•
bees and of tight members alternately, every five years, SO
that esch member, after those first elected, should sit for ten
yesn.
012 It was resolved, by a majority,—That for the pur-
pose of every election of members of the Legislative Council,
Ithe 22 electoral divisions before alluded to should each, by a
majority of votes, choose a number of candidates equal to 4.0
whole number of members than to be elected, and that the
required number of members should be those candidates for
whom the greatest number of electoral dieisioce should be
found to have voted.
" 13. It wes unanimously resolved,—That no person hold-
ing say office of profit under her Majesty within the
colony should be eligible to be elected as a member of
either of the two chambers, and that any member of either
chamber accepting any such office should speofaceo vacate his
seat "
VIII. The foregoing are, we conceive, the only points of
any importance which were provisionally agreed upon in
the Committee of the Legislative Council, and in order to
plus your exoe:l,Ecy in a position to judge of the balance of
opinion amongst the members of the committee upon those
points in regard to which they were not unanimous—we
attach to this report a copy of the minutes signed by the
clerk of the council.
IX. Fully recognising the value of a suggestion contained
in your excellency's letter appointing us to act, we are
desirous not to depart, wiles upon the clearest grounds,
from any of the conclusions at which the Committee of the
Legislative Council had riffled. It would, however, be
wrong co conceal from your excellency thm some difference
of opinion exists amongst us regarding the proposed quali-
fication, as well for the.alecithes as for the members of the
Legislative Council. Whether these matters should remain
as already Axed, or whether a higher property qualification
should not be required for electors of the Council than for 1
doctors of the Assembly, and the property qualification of
embers of Council, as voted in committee, be, in that'
Naas. reduced, are important questions, upon which our
rjrare not in unison, and upon which the sense of
ony at large has not yet been ascertained. Regard
bg it as important that the two houses of parliament
Wald, respectively, be so conatitated ee to exhibit as

many divenities as may co.nidat with ultimate an em, h• Prd
•
substantial sameness of origin end oleysets, we can dire.l,ll pp
quality by which the Council can be distill/misled fr,sit tee
daunt>ly, more marked, or more salutary, or more
laced to secure independence of action, than that of ?ppm
renting, in a peculiar !runner, the property of thp ce•tet
and with it thaw qualities, Intellectual and moral, *hid% lb;
porcasion of property, generally speaking, implies, get
the manner and degree in which this beeeficial principle
' should be acted on are matters of much difficulty, Las yu,
excellency will not, we think, be in a position to dotmti.,
them conclusively until the sentimenu of the public shall
have been more generally declared,
X. The mode of conducting business adopted in the
mime of the Legislative Council was to rad and ene.idet
the report of the Right Honourable the Committee
Council for Trade end Plantations, of the 19:11 Jemmy
1850, paragraph by paragraph, and upon our amensblien is
a board of commissional, under your excellency's audio.
city, we &eased it advisable to continue the male cot,.
Pursuing this system, we resumed the subject matter of that
report et Section 31, the clause at which the Committee of
the Council leftoff, whenrisingfor the last time,

XI. We are humbly of opio-ion that it will be
at least in the first iostanee, to abstain from all 'widens:l;
regarding the right of any officers of government to take
part in the discussions of either house of parliament. it
appears to bee departure from the principle of with.
drawing ell officers of government from parry out el,
to place any of those officers in the position of disc.seio,
questions, in either house, which can Pearcrly Lit to
involve them, more or less, in party conteete. so fir m
'the principle of non•interference is concerned, we use
perceive little difference between speaking and voting es
members, and speaking without voting as eaten, ',seeps
that raters who attend ea officio are pullet's more likely to
become politically and personally obnoxious, then ofsters
entitled to sit and vote as members popularly
Should either of the houses require information which sty
officer of government is supposed to be capable of ad rdiag
that officer will, of course upon app!icatiou to the governor,
be directed to attend and give all the information in hi
power. And it it should hereafter be fould that the !ink,
interests suffer from the want of some officers of government
to explain and support government measures in both bous,
—the Bailment will, when the evil shall hive been piso
tically experienced, be in a position to devise and apply :he
'sleet remedy.
XII. Connected with the subject just observed upon is
another, which, though it can anareely enter into me :.rural
legislation necessary for establishing the new ce,it,wiwi,
is, nevertheless, so muck akin to the principle of ailing
the officers of government entirely non•political, tom
those of us whom it most immediately concerns &sift.
bring it under your excellency's notice. We allude to the
constitution and functions of the Executive C At
present, the members of the Executive Council are
officers of government. By the royal instructions they are
enjoined to advise the governor upon all matters which he
shall bring before them ; and he, in turn, is enjoirisa to coil
for 'heir mirk. upon ell matters of importance. But if certaie
officers of government are to advise his excellency in rogsrl
to what measures he should propose loth° rarliami et; m re.
gerd to what measures of the parliament he should amend and
return; end, more than all, in regard to what measures of
the parliament he should wholly disellow;—it will, we fear,
be impossible to 1 reserve those caters from to,iip u:seg
up—or, at least, from being supposed to be mixed up —.lth
those party contests from which it is intended to wehdraw
them. It is to be feared that, should tt.ey at any time feel
constrained to offer advice opposed to the impulse of 'he
hour, there will be turned against them, as a clique of seer t
advisers, a tide of popular indignation stronger by far than
any which they could have encountered had they, in one or
other of the Cumber', been privileged, as iamb, re mono
their fellow nermhers, to urge their reasons in open and fair
debate. Thome of us who belong to the executive council,

whilst prepared to take upon US any respousini!ity which
her Majesty shall be pleased to impose, tel it to be our
duty to bring this subject, through your excellency, under the
notice of her M.jestys government and the colonial public.
XIII. Proceeding to the important subjec- of a "civil
list," we observe that the Right Honourable tte Committee
of Trade and Plantations appear to recommend the slop.
tion of the following principles
14. That the fixed (as contra-distinguished from the
ur fixed) expenditure should, before the summuting a
parliament, be provided for by law.

2nd. That ;he resainder.of the public revenue eh

---.-
be appropriated, annually or otherwise, by the p.rii meet,
as the parliament should think fit.
" 3rel. That it should be competent for the parliamect, by
any act duly passed, to provide, as it should think .1w
dealt, for alterations in that fixed expenditure, which. toil
so attired, would remain, as already stated, wader the sanc-
tion of a law.
ei 4th. That her Majesty would be graciously pleased el to
exercise her powers, as at all times to confirm wihout hese
taeion all laws passed with a bona fide view of reducing
expenditure, in cute they were consistent with a doe resod
to the claims of individuals on the public faith, with, hew-
ever, two exceptions, that is to lay, first, laws, lowering the
salary of the governor, and, secondly, laws diminishing "the
appropriations now toads from the colonial revenue for the
maintenance of the establishments required for the prone's-
lion of order and the spread of civilisation amongst the
border tribes.' From laws coming within either of there
two exceptions It seems to be intimated that her Majesty*.
sanction might be properly withheld, although no claims of
individuals were therein involved."
XI V. We have given to this delicate and difficult ques-
tion the fullest consideration in our power, and we nose
come to the conclusion that, subject to the p ion of
the public' (kith in regard to any existing tights now vested
in particular individuals, the entire revenue of the colony
sshouldgxn V. That
bet.i.fa
bbaittt,tct
anytew d
portionisa
all
o ax'
existing
ntt
hgh
ees
Ippaaurrbl p
ies arliament.
h.
harbourse
pl.u; the
e df
a te;.
future Assembly and Legislative Council, with a view ,f
removing from office, or reducing the income of such public
officers as may not chance to be popular wish those bodies -
we should be nary to believe. It is our impression that:ew
would, at present, be found to dispute the justice of tbe sea-
r
t;
ie
she n
Right
et
oc
0, Det
Menan:l, coneptc;dtihi foostbt
have
die:bt
enl
permanent,e .1
colonial
sawimendmgm Committee
;id
rftT.r.rop:
Trade
a::
shot
rh:
net
etat
ps
ifp:yoto
To:
thet
lo
f
had
purreasonpurpose
of public faith, and on contracts which on their side hare
hitherto been strictly fulfilled, ought to retain th ir puerto
salaries, so long as they conduct themselves properly, or to
receive adequate compensation for their loss.' Acting upon
this view we would propose that the reasonable rights GI .1•
isting officers should be placed under her M.jesty's protec-
tion. If the majority of the inhabitants shell approve, as we
think they will, of affording this protection,—the revision
in that behalf will meet general acceptance, and if the
majority of the iahabitants, having ulterior views, abould
unfortunately disapprove of what would appear to Ic bat
an act of justice,—we submit that the proteetem room-
mended will, on that account, be only the more necessary.
XVI His excellency will riot, we oust, understand us 11
meaning to say that all existing salaries are to be uncondi-
tinselly guaranteed. We are aware that all existing pablic
servants have not the same claim to consi aeration, and we
have no desire to fetter, in regard to any publ c servant, her
fd.jeste's r yal pleasure. We only mean to submit that the
parliament should take over all her Majesty's exiting
re-
tracts, as well those with public servants as with all other
people, in the plight and condition in which they ilia
We, therefore, recommend a clause to the effect that all pa.
sons holding office under her Majesty at the time of the
coming into operation of the new constitution, should CU.
time to receive their salaries during their term of °dice,
without reduction, unless her Majesty shout! otherwise de-
termine.
I. In thus offering our humble c pinion that no pump
nett civil list should be reserved by law, but merely tasting
individual rights preserved, so that wnen this temporal
I arrangement shall gradually *ease to operate, by office sue-
naively becoming vacant, the entire colonial revalue
should be subject, without exception, to the power
of the parliament,—we would not be unclad' od se
thinking it expedient that the whole of the public ees-
blishments should be at all times provided for by annual vote
It would not, we think, be either wise or proper to leave all
salaries and services of whatever nature, to be the subject of
annual 'agitation, and, perhaps, conteutiou. But cur Coo•
victim% is, that whilst in regard to certain services, an eln
proprieties more permanent than annual will be hirhy
expedient, the power of m 'king that more permanent ap-
priation cannot be withdrawn from the parliament without
a sacrifice of the great principles upon which a ierlianect
is granted, and without occui 'ging, tbroughout the nitwit',
deep and general discontent. If, at this moment, no ecoutl
exist. d in favour of particular growing
her her Majesty's previous arrangements—we cannot as how
the granting of representative institutions at all could be
defended upon any grounds which would not be also proud
for leaving to the representatives, when chosen, the right of
fixing the scale of remuneration to be paid for aerie's to
which, as the ri port of the Committee of Trade wet
Observes, " the colonists alone are interested." Sheele
her Majesty be pleased to provide that officer, IP'
pointed by her Majesty shall not previously to bet
gracious greet of representative institutions have the':
palatial essentially altered by the fact that she Ina been
saved to make that grscious grant, few persons' it is hoped,
will object to such a provision. But further than thu it
will, we think, be uaadvieable to go, until the parliament
*hall be assembled, and the course of removing from the Pre'
cerium class of annual grants certain kinds of e 'pendent!!
mot admitting of, or not requiring, annual revision, 'ball
have been, by the parliament, considered and adopted.
XVIII. The prineipies by which we Propose to rege'er,
the salaries of existing civil servants, will equal 'POI.:
the salaries of the renting gy
cler of the several deee°"fd
Lions which receive government aid, and to all pension
retiring allowances, and, it would also seem, that all Pe. it
servants
now in office should have their claims to futere
pensions (estimated according to the principles epplicable to
such Ci.il3lß at the time when they respectively entered 0 )
recognized and secured.
poXytitilXt., Wwehetchhal,ltrwzidvneortt
stortlngfewdritreicettely, mottotreafer dile': if;
port of the Board of Trade, seem to require attics..
XX. We are of opinion that the following general tl of
fications should be established in regard to member*
either house of parliament, in addition to any other dine"'
fications already mentioned:
" sge.
1. Perns under 21 Tears o•
" 2. Persons not born to this (
colony, and not bang ea
tural born subjects of the Queen."
I.7.oesieoalinesnidebrorthnet
turalizaion .act can be introduced which does not co
„a:
claw' disabling the party from sitting in parlialeer",4,o.
although in rare instances of great rank or rale did.s_r_e_`,
this statutory prohibition has been, through eeur ;Lon
paled, it , believe, occurs that any part.
:zed by acts of parliament become members of k r
"3. Uncertlficated insolvents.
" Perms of wound mind.
:Bnyatthnrealsistaittuioten
laats,sfhosunldoionoat
:quional4.l.