The Express.
London, England, 1850-02-11 00:00:00

THE . EXPRESS, MONDAY EVENING, FEBRUARY

there ought to be two legislative bodies is
foe the Cape, or see se peptised foe the A=
adenine, bat whither the lead legislature or legisla-
, tens are seesestitutsd es to give the colonists the
milt, of wifipeeesseest.
apeennatts• it dew sot appear to us that
*bra the for the Cape, or that
die groped he 14111.8111:1ffitb Wales and its siege,
irilf glee real seiggeeerealeet. Bader bath,
the governor will have at hie Mid an orgiudind,
body sefficient to winteriset the views and wisher
the midway of the colonists. Al the Cape the else-
dye legislature will be bawled aid it ma be sew. I
tralised by a legislature semiwatila
parties holding office
governor beet upon following elnpopeler
course of policy, will be able, by the 'restitution it
the Cape, to secure a majority In the Legislative Cases
cil, and thus counteract the proccedings of the Hoene
of Representatives. A governor in New South Weise
beat upon following out an unpopular coarse at
policy will be able to accomplish his ends by meals
lithe nominee members of the Legislative Comte!,
aid by corrupting a few of the elective, or even isil-
&molly availing himself of misunderstandings be-
tween the stockholders (who are the aristocrat's peaty
is the eolooy.) and the town populations (who are MOO
illallsratio in their leanings). The truth is, that the
sebesies of two legislative bedtime appointed by dills,-
est cionatituenciee, and of one Legislative Council own-
poi in part of government nominees, both have
tkeh origin in a lurking misgivieg as to the safely
and expediency of entrusting the colonise with the
entire control of their local affairs. They are sweat
to give the governor—that is, the home government
which appoints him—power to check aid counter's'
the popular will of the colony.
For this reason we think that both the contem-
plated forms of government for the Cape and Austra-
lia are susceptible of improvement. Whether there
are to be one or two legislative bodies is a question
of very secondary importance ; but in either Cale the
legislature ought to be really and fairly elected by
the colonists. This end may be obtained in Aus-
tralia by making all the members of tae legislature
elective ; at the Cape by. giving every district an
elective municipal orgsnuation, and vesting the
choice of the Legislative Council in the elective local
magistrates to the exclusion of all parties holding
office under government. Though we regard the
question of one or two legislative bodies as of se-
condary moment, our convictions are, we confess, in
favour of one only. It is a false analogy that leads
men to imagine there ought to be two legis-
lative bodies in each colony because there are
two in the British Parliament. The more
correct analogy would be to say that there ought to
be only one, because, as has been found, it is sufficient
for the municipal government of our great towns.
Due weight ought to be given to the wishes of each
colony in this matter ; and, therefore, we regret to
observe a desire on the part of ministers to jump at
the cor cluion that the Australians are perfectly satis-
fied with the constitution of the Legislative Council in
New South Wales upon rather inconclusive evidence.
The opinions of two South Wales newspapers, and of
the nominee council of Van Dieman's Land are light
in the balance against facts, The Legislative Council
of New South Wales worked so ill that Sir GEOUGE
Biters had to dissolve the first prematurely, and had
he lived long enough would have had to dissolve the
second. Even under the comparatively popular sway
of his successor the nominee ingredient in the council
has been a constant source of jealousy and dis-
content.
The only safe and dignified course for the Imperial
Commons is to purge the constitutions for Australia
and the Cape of Good Hope of the remaining le even
of nomination •, to simplify the constitution of New
Zealand, and bring it into operation at once instead of
postponing it ; to give Guiana a really popular Tepee-
seetative system instead of Governor BARKLY's sham ;
and to confer real representative institutions
upon all colonies (in the real sense of the term,
as contradistinguithed from mere dependencies and
military stations). In other words, we would have
ministers have faith in their own principles and act
boldly uponthem.

Tree King of Patasia has taken with doe solem-
nity the oath to his constitution. It is far from being
either a perfect or a popular one. The mode in which
it was granted, and in which it has b.en finally, ab-
ruptly, and imperatively cobbled to suit a tardy
humour of the King for the re establishment of an
aristocracy, mos% we fear, take from it that respect
which a constitution ought to command from the
popular mind. The popular party holds aloof while.
the new charter is in fact a system of government
propounded by the King to his notables of the wealthy
and enlightened classes. protested againueven by them
as not going far enough to satisfy pubLc opinion, but
finally accepted by them for peace-take. This no
doubt is done with the hope that government may
work the constitution in • liberal seine, and the
people become more reconciled to it in practice than
they could approve either of its theory, or of the mode
in which it had been forced upon them.
In its main features the Prussian constitution is a
copy of the Belgian, the articles of which indeed
it follows closely, adopting its guarantees and funda-
mental principles. In the practical working of the
constitution, however, especially in the formation of
its Chambers, the Primisn separates from the Belgian,
the latter giving full scope to popular influence and
freedom, the Prussian keeping down or sifting the
popular element as much le poeible, and confining
influence to the more wealthy classes. The dividing the
electors in three categories, of the highest, middle,
and lowest taxpayers, and giving to the few of the
first cleat the same amount of electoral power as the
many of the last claw, is an invention which, coupled
with two degrees of election, establishes for Prussia
the exclusive rule of an aristocracy of wealth. There
are some countries to which such an arrange-
ment would not be unsuitable, especially
at the commencement of a constitutional
earner—countries, fur example, in which wealth and
intelligence go together. But in Prussia, unfortu-
nately, the intelligent classes are not those best en-
dowed with fortune, and consequently the wealthy
sies{is not there always the most respected.
According to the first draft of the octroyed consti-
tution, the predominance in both chambers was
given to the aristocracy of wealth; but recently the
King has bethought him of counterbalancing it
by an aristocracy of birth; and hence his effort
to constitute a house of peers, consisting of here-
ditary and life peers of his nomination. Nothing
could be more absurd. This would-be noblesse'.
in Prussia is penniless (Ozaiotcu himself, who
heads the party, has not the fortune of a lawyer's
clerk) ;an therefore, instead of pillars supporting
the throne, they world be made pillars suspended
from it, such as have been seen and tried in certain
theatrical edifices that have crumbled. The scheme,
laded, has been defeated by the constitutionalists,
who have succeeded in securing one-halt of the upper
chamber to elective members ; so that the tardy
move of the King for the maintenance of entails and
the re-establishment of a landed and political aristo-
cracy has failed. The King originally allowed the
universities to send members to the upper hone.
But it wee ruled later that birth and wealth should
alone be represented there, and intelligence was in
consequence eliminated.
The worst feature indeed in the royal code or con-
stitution of Prussia is its universal mistreat, its mis-
trust of every class. A singular instance of this is,
that whilst predominance is carefully given to the
aristocracy of wealth in the Chamber of Itepruenta-
thee, yet even to such • chamber is denied the right,
greeted under ell constitutions to the lower chamber,
to have full control over the voting of taxes. The
King of PRIIBBIA would not give even this exclusively
to the House of Commons. Thus the power which
his MAJESTY bestows with the one hand, he seeks to
withdraw with the other. And so it is with the
press, so with the juries.
There are none of the King's later alterations so
objectionable as those by which he nullifies the
authority of the judicial courts, and converts
justice into a mere political engine. His pro-
posal was first to create a kind of Star Chamber, an
especial court for state offences, and at the name time
to transfer the interpretation, that is, the awarding of
the sinitanoe in all oustione of constitutional law to the
Chevalier from the judges. Thus every prosecution
wield bosoms a political straggle, not a judicial trial.
Not only wee the High Court of Jodie* borrowed
from Frame% but the system of impunity and
freedom from prosecution enjoyed by ell of and
authorities in France is also foisted into the Prussian
system, making it altogether a code as much French
as German.

WO ',girt all this, lessanee It;ezza evident
that the King has throw-
ing up a paper beam olitTaaiatirlala to erecting
a dant% edifies -on a Iheekt. We are
share of the excuses pleaded kit the King, tha prin-
eipal of which is, that the Decal party refused to
make allowance for his ignition, or to trust him, or
Neu to accept his oeer eyed onstitation, and that thus
be was actually driven to seek support in a thee-
dewy party. Another excess is the altered state of
Estop.. To place Presets now in the full and un-
controlled enjoyment of a popular constitution by the
side of Austria and Russia, armed, fearful, vengeful,
and despotic, were simply and inevitably to provoke
war—a war,
_the vary first necessity of which would
be, that the King of PAVIISIA should bumble himself
to democracy, is order to induce it to take up his de-
fence, a deletes after all that democracy might not
emceed in achieving, and which might lead
to the ex tinctios, at once, of erman
independence and of the Pierian throne. But,
however these hidden reasons may excuse the King of
Pauesia in the eye of history, they form no exculpa
tion in the minds of his people or of the Germans
who we tear will give him throughout credit for as
little prudence as courage. They will probably accept
this constitution, but it will be ad referendum, without
enthusiasm, hope, or satis'action.
We say this, however, as the result of our fears and
judgment, not of our desires; the best thus we think
that the Prussians could do would be to accept this con-
stitution, to tolerate its detects, and submit even to
what is unjust in it; and instead of trusting to revolu-
tion or physical Circe, to pursue the development of
the liberal cause by legal andconal itutiothl means, and
by the efforts of intelligence and argument. Oce has
but to open the volumes of English history to b-
convinced that this country has thriven and ad-
vanced under the working of a very limited and aria-
toctaio constitution, which we have gradually
reformed and widened, and shall gill further reform
and widen as opportunity offers and necessity calls
for.
Whatever, therefore, may be our opinion of the
Prussian constitution, and of tee conduct of the court
with regard to it, we still think that it is
most suicidal whey of the O rman liberals
to hold aloof from it, and to decline tak-
ing advantage of the legal and regular
influence which they might still wield, in order to
remain in sullen quietude, expectant of another out-
break or revolution That revolution may be long
coming, or may come. There are reasons at pre-
sent which in central Europe divide middle and lower
classes more widely than ever was the case before,
and government have taken advantage of ,h. me. it is
not, therefore, by physical force, or by appeals to it,
that either liberty or unity can be now established in
Germany. There are plenty of weapons, abundance
of power and influence, even under the octroyea con-
stitutior, at the dieposal of intelligence, if it will duly
and wisely use and apply them. These alone are
amply sufficient to restore t, the Prue.i.tn, acd con-
sequently to the German, constitution all the popular
and feir elem. nts which they may now want, and
which are denied by the narrowness and Lilly of
princes.

WILY should the Kensington distr'ct be enfran-
chised ? Wby should mote m' tubers be admitted to
tLe HOLM of Commons? Of all things, in the pre-
sent state of party, it would be difficult to sugg, et a
more inconvenient arrangement. The &strict would
probably return liberals : or it might return pro-
' tectioniets. In either case the balite° of inconveni-
ence would be against the givertime,.t. And why
should the government be additionally harassed?
It has quite encugh to vex it as things are. What
between the Ceylon question and Mr. HoasMAN its
hsnds are sufficiently lull. To send two new members
to vex and harass it, would lb? an act of unkindness
which the house could never sanction. Therefore, let
Kensington remain unenfranchised, and let the House
of Commons, by all means, b 2 shorn of two of its pro-

per complement
If Sir GEORGE GREY bad spoken what he felt, he
would probably have given some such r. as ins as these
for opposing the motion which Mr. MACGREGOR sub-
mitted to the House of Commons. Bir as Sir GEORGE
GRIT did not speak cut, be assigned no reasons what-
ever for refusing conces•ian to this popular demand.
" If Kensington and Chelsea were to be represerved,'
said he, " why should you not take Turnham-green
and Chiswick, and why shcu'd not Brentfurd also
have a member?" Why not, we ark 11119 N—if they
have sufficient population and sufficient claim. Their
exemption from the privilege or returning representa-
tives does not weaken, but on the eni.t.ary it greatly
strengthens the general case. It Sir HE iEGE GREY
did not mean to promote the parliamentary reform
agitation, he could scarcely have kern where his argu-
ment lcd him. No section of the ref .rrn party, in•
deed, are aiding their cause more succeesfully than
the members of the present governin.nt. They
manage to take advantage of every opportunity that
is offered, to make the people more urgent anti ener-
getic in their demands. Even with regard to such a
matter as the disfranchisament of Breutford, they
suggest the beet Foible reason' fur increased agita-
tion for parliamentary ref irm. Brent&rd, Chiswick,
Turnham-green, and Ealing, have about six-
teen thousand inhabitants. As Sir GEORGE GREY
says, why should they not have a representative?
Morpeth, with a population of 4,500, returns a mem-
ber, why nut Brantford and the adjunct parishes with
a population of 16,000? Let the inhabitants take
the Home Secretary at his word, and join the Par-
liamentary Reform Association without a moment's
loss of time.
Down in the dingiest part of Knightsbridge,
facing the park wall and nearly oppf site the barrack*,
stands in its own grounds, " Stratheden House", the
residence, of my Lord CAMPBELL. The Curt Gazette
announces that "Lord CAMPBELL gave a cabii et dinner
at Stratheden House on Wednesday evening. The
ministers present were, Lord Ione! RUSSELL, the
LORD CHANCELLOR, the Marquis of LANSDOWNE,
the Earl of MINT°, Earl GREY, the Marquis of
CLANRICARDE, Sir GEORGE GREY, toe Earl of CAR-
Usti, Viscount PALMER,TON, Mr. LABOUCHERE, Mr.
Fox 111AuLE, and Sir FRANCIS BARING." It Wall
fresh from this whig conclave, and with a full Apure-
ciliation of ministerial greatness, that the lion. W. F.
CAMPBELL came down to the hones to give his oppo-
sition to the motion of the member fir Glasgow.
It was quite evident that *e magnificence of the great
festival at Stratheden House had had its due effect
upon the young gentleman's imagination. He thoirtht
small beer of every one who was not a cabinet
minister, and treated with perfect c-rat, mpt the un-
fortunate residents in the four parishes to which, as
he reminded them " Stratheden-house " is in close
proximity. "In 1818," he said, "he had attended a
public meeting and a parochial board (singular
condescension), and he had found that he had
been brought into connexion with a class of
persons nut fitted to exercise the franchise."
It was a statesman of the last generation who ont
down the Duke of BEDFORD'S rents full ten per cent.
by declaring that he did not know the locality of
Russell-square. Mr. CAMPBELL, it is evident, intends
to put all Kensington and Chelsea out of the pale of
the polite circles of society, by asseverating that they
"are not fit to exercise the franchise." We sigh for
the fsbabitants of Cadogan-place and Kensington
p ardens ! The doors of Stratnedeu•house are
evidently closed against them irretrievahly. The
saabegsay at which Mr. CAMPBELL has
lieb•smiobbed with the members of the Ca-
blest is a mahogany at which Earl CADOGAN and
Uri HOLLAND, the great pr. prietors of Conies and
Or Kensington, must never hope to sit. The " low '1
a" of the district are irretrievably banned by
rte and polished Mr. CAMPBELL.
CAMPBELL, however, drew a wide distinction
between Kensington and Chelsea and the hamlet of
Knightsbridge. "He bad asked himself," hot said,
a how it came that the hamlet of Knights-
Wise was omitted from this ache me ? That dia.
NW, which lay nearer than Kensington to Hyde-patk
serest, was not, in point of civilisation, and intelli-
wa, and capacity of exercising the franchise, in-
ferior to any part of Her Watery's dominions."
of laughter and cheering.) It is obvious that
(man
Cabinet dinner has satisfied the hamlet of
Knightsbridge. Its proximity to the fashionable
circle in Hyde-park also hallows it. Stratheden-
knee, too, is in Knightsbridge, and who ran doub-
the halo of " intelligence and capacity" which sur-
geon& that distinguished seat of lesrni, g and the
IBMs P Mr. CAMPBELL evidently makes out
strong case in favour of the outran-
shinatent of the barracks, by the eel.-
kW/ cab-stand at the top of Sioane-streer, M agog
Tower, the residence of Mr. HUDSON, and Stratheden-
house, at which the cabinet do sometimes dine. Thew.

we believe, wastituts in effect the hamlet df Knight,-
bridge, a plass distinguished for its civilisation, its
proximity to Hyde-part-corner, and the sort of in-
tellixenee and espaetty which Mr. CAMPBELL typifies.
" The power of the peers," says Mr. Rums, "half
fills the Mouse of Commons, yet you grudge the en-
franchisement of one other parliamentary borough,
equal in coo sideration with Marylebone or Finsbury!
8o let it be. It would be doubtless a great boon to
Kensington that it should be enfranchised: it would
be an act 'Unities to a nation deluded by the Reform
Act that it should be enfranchised; bat the refusal to
enfranchise it is doubtless all for our future benefit,
for so long se it remains unenfranehised we hare one
of the strongest arguments for further parliamentary
reform; and each time that a government refuses to
do justice, we have a stronger motive for continuing
to demand it. As Mr. MACGREGOR very ttnly said,
this is the RAM Retford ease of 1830.