The Express.
London, England, 1859-09-06 00:00:00

LONDON. TUESDAY, SEPT. 6.

It is s swim natter to end an anetrat institu-
tive of the orwintry no ►osger capable of Walling
the **et of its elisions*. Hitherto it has ►anti
roaddrred that trial by jury wee the beet mesas,
am invented for protrotiog the ingot:est man anal
for punishing the guilty. Is a free country it is
anosstial sot only that the verdict should satiety the
lawyer and the phikmopher, bat that it amid Witty
the groat nisicwity of the public. Hitherto Jeri=
have enooseded is this difficult task ; and indeed it
would bodlifieult to cod a tingle case is which their
verdict has been set amide unless they have coupled
It with a recomensodatiou to mercy. It should, no

doeb,, be added, that the ability and discretion of the
Judges have greatly contributed to tli'v meat
desirable result. No doubt there was much in
this system which was far from perfect ; sad
the interference of the Hoene flecntary, always •
politic-al officer, but not necomarily • trained
lawyer, was far from satisfactory. But the
English people are • practical people; they
rather prefer an anomaly ; and so loot as that high
officer interfered only at the instance of the hwye
and with the soncion of the Judge, he exercised is
very deuterons power. The ease, however, of Dr.
Buffrdiner, whica has just occurred, has rudely
shaketi this time-honoured system, and it seems to be

the universe' opinion that such an anomaly must
not be allowed to recur. It is. indeed, a happy cir-
cumstance that at the present moment the office of
Home Secretary should be filled by a man so calm I.
judgment and so stern in his love of justice se Mr
Cowrie tit Lam; not is it possible to believe
that he would have taken the course which he has
adopted union he had satisfied himself of its rigid
justice. At the same time he would be the very first
man to admit the Imperative necessity of en imme-
diate remedy.
In the adminlatratioe of all law, but especially of
criminal law, the essential point is certainty.
Society ought to lay down the coneitions which
ought to be fulfilled in order to evince a conviction,
and these conditions ought to be rigidly enforced.
If the accused person is to pass before several
tribunals before he can be finally oonvicted—all
these tribinals ought to be bound by the same rules.
If it be deemed improper that the maestrate, or
the coroner, or the judge of assize, should have in-
terviews with the friends and relations of the pel-
weer, it should be equally improper in the Home
Secretary or in this judge of appeal to do so.
If the evidence of the wife agairst or in favour
of her husband is excluded in one stage of tbs
proceedings it should he equally excluded in every
other stage. It the evidence ought to he given
openly and under the sanction of an oath before one
set of judges, it ought to be given in the seals man-
ner before another etc. If one court in which the
accused person is tried ought to be op. n to the public,
and if one judge is required to sit in public, the
same conditions ought to be required in every other
wart and of every other judge. If the caters of the
charge should be &early defined before the first judge,
the nature of the sc. usation should be equally defined
before the Mier judge. In short, the/else laid down
for this purpose of cund acting tridesboold he laid down
for these"' purpose of thrtheringjustisei and therefore
they should be ae few as possible in number, and
lust rigidly enforced. At present, however, it
is .year that all the rules considered as essen-
tial before a mazi,trate, a ceroaer, or a judge of
mass, are mostly disesolled by the Hoene Secre-
tor y. He may have inteniews with the prisoner's
ville or eelatiees—he may receive their evidence; he
may read the testimony of teaspoons eorrespoo-
dents, and therefore accept evidence tendered with-
out the suchen of an oath t he may sit in his priests
nose, with ao one present but a single witness, and
dove all he may try the convicted man without
tinier him whether he is trying the gayeties of the
emeeat of punishment, os the gemlike of bit
mama 'vitt. At this very escoment it is •
Sealstfal matter whether the reprieve which has
bees created memo; a pantos or a commutation of
the capital matinee to reel servitude fur life. In
sheet, it is akar that the slim which guide the may
Cram of Crimisal Appeal es to fasts in thisseattsy
le gelded by roles which see =knows ia any other
system of juitiprudence y sod soy judge of anise
who seed spent's. is this country would certainly
be rowed hem the beech. if, thee, the ordinary
steles of essiteetiag Dille net epee say solid feeeds.
time, esti it eiresemteesee mast arise le whist' the

Homo Beataaary is Wild mom he let so a ledge ot
Appeal to omen& tbodoeidoo of tbe ameisteste, the
emenor. the rood jag. to potty Pity, aad tbo
!Mr, be ought to be prolosied thouimproper
lathotoeso. The winos &Mho of as ogralladr
ought to to mat apes otbaraboublem Tie latter It
the only porible alternative; and it amid he ob-
orved that tt meet be an appeal, mot area the law,
bet epos the thee. _ _

s. Gar as matte, of law are concerned than Is
a:reedy a right of appeal. lodged only a few yews
aka a tout of Criminal Appeal was established, la
which any legal riseelsos 'nay be amply discuss&
The point of law a mated to the jades at the Wei,
sad if he tn.,rtaing a daabt spas the sa►isst.
it is ,served ter dui oomeidaratlem et the emelt

lost mentiresed, and the fees one of whin
the 91111101,0111111011 are formally stated. Bet as to
matters of fact than is Do omit of appeal. Amami-
lag to the theory of the emnstitutios, the jury an
the rag Jody@ of the bete ; their opinion h
Baal. But is practice this is not always so. Is
abash all eases no doubt the Home Ikeetetary ra
boos to disturb the verdict of the jury, sales the
Isry have intimated a desire that he sheald d. see
by mososesentiing the criminal to mercy ; sad to
this preetiee the Home emestaries haws hitherto
adhered. Indeed it is probable that unless this win
the custom, and unless both the judge and the*,
felt the retroneihi:ity of their pasitioo, the Wroth
and seropalotts anaiey to do justice would be fatally
diminished. The moment a man hods that his ma is
not Baal, he in likely to become careless ; and the mods
8n which grind jerks perform their dada', meapared
_ . .

with the ;ode in which petty juries perform tiara,

. . _
is some proof of dm proposition. It is certainly a
metier fur serious consideration whether a mart of
appeal on matters of het would net materially

diniaish the core at present bestowed by jwstioAs
minimal trials I though it moot be odesittwilhodida
civil sow so seek malt has followed. Th. 4asstioa
however w is, not whether aa oppsoi as le =Mew
of foot should be grunted, but in what wawa tits
lipped should be conducted. MO truth is there is

an appeal es matters of feet. Late events bare
distinctly peeved that no sooner has a mon
bees ceavieted than the Home Beoretsry
is called wpm to review the dealss it
the judge and the jury, and that task the Home
Secretary has undertaken. Now nukes the whole
dear judicial system I. a cumbrous absurdity, that
Minister has se MIMI of properly dische-giog the
task imposed upon him. And the reel questioo in
how should this grave defect be remedied? It will
net do to say that every men convicted of any celms
shall hare an appeal, for such a thing would be
Wisely impracticable. It sal not do to say that an
appeal shall be allowed where the judge and the
jury, or either of them, express a doubt; for neither
in the case of PALMED., nor in that of Dr.

831tMem', would the appeal have been grouted.
The pence at present to be moved is the Horne
Secretary. The most cnirecient plan, therefore.
is that this officer, upon the advice of three
et the jedgee, should grant the primer
Wee to more for a cow trirl before an the judges.
If permission were granted by the Home Secre-
tary spun the 'deice of the three judges, and that
'armlet were afterwards ratified by the twelve, the
trial should take place. No doubt, in strict justice,
' society ought to possess the same right as the sup-
posed criminal. his quite true that many more crimi-
sale are unjustly acqaitted than unjustly coademned.
If a prisoner is entitled to a new trial, so is Society,
repreeented by the Crown. Bat human nature is
too weak for this. The maxim Nemo bin rezeri
eight is too deeply fixed an men's minds. If a man

were tried a scoobd time he would be sure of an ae-
(Otte. But a second trial for a convicted man is
every different matter. The question is not mere
natter of speculation. It is forced upon public at-
tention. The right of appeal uto facts exists now.
The solemn judgment of a judge and jr7 is liable
to be reversed by the judgment of a single indisidual
acting upon principles which may be just or unjust,
bat which are totally undefined, and which ought,
therefore, to be excluded from every judicial system.

gbe Cart.

BALMORAL, Om. 4.

Her Majesty, seeemptated by the Priam. Alb..
rid ream by Lily Mardi% drew yertorrlay le kw-
wl4, sod beeseved lir. awl 11.. Pargahrrion with a vbit.
The Prises Comma west oat dew staiklog.
Tbb re* &my perry 'adagio& the Priers' Alls% elr
Nage Gm, Sr low Clark, bad*, Mira sal sesiburn
et the birerabeld.

Visenat aid Viscountess Pdaaadot♦ he Ural? seird'y
for Broadtaads,

el, G. C. Lewis hit tow. yealseday Harptea Court,
Lace" liereheddthe.
Despatches wee meted yseaseley ol Nis Colonial-Ales
from the GOVIIISOMP ol the North ?anima rd
the Falkland like& Despatehee won Nat to the Gam-
mas of the Cape et Geed Hp, Natal. teed Bt Hakim

The Braemar gathering name off on Thunday,
►nd was well attended by iba eter•, but her Majesty sad
mite were not present, probably on account of their long
I.leurnay tint previous day.

It is stated that iii. Royal Highness the Pr'ice of
Rake will visit levelness, Fort-George, &c., about the
WWI* of neat month.

Their Serene Htighaessee the Prince and Princes.
Lainiagua have left Howebbia Hotel on • tor- through
anlaad.

His Use Honey Baron Beatisek has left toa a cm
&tsar ft s;ailo to Yorkab;no.

The Dui of S. Patrick's and family have arrived
al de Qua's Hotel, tipper Norwood.

Lady Loadeaborougi gar' birth to a eon on Son-
day bat.

TM Right Rev. Bishop Carr, rector of Bath, and
formorly Dishapof Bombay, died pomade, morning, at a gear-
tor to 8 o'clock, at hie residesce In Lansdown-creacenr, Beta.
Aboat three week, ago, the right rev. gentleman, who we
thin la gond health, we. seized with paralysis, and he
Ines nasalised in a preeeriaina elate, ballades of the state of
his health having been lamied daily. He gradually sank
alder the Si tack, and died a, mated yesterday morning. He
sweeeded a few yours ego the Right Ron, and Rev. W. J.
Headrick epos that path:oats becoming a resident omen at
Wells; and by hie piety, charity, and freedom from into.
tonna, hes gabled the good will of the whole city. The
bells of the several sharchts have been tolled during the
day, ad must of the prlseipel shops wen partially closed Is
reepesit to the venerable elsevasel. The rectory Is is tbs.*
d the &moon Trustier, and we may state that se mesas
Mho, Carr was lehessed that his recovery we birds*
keeleees resigned. The living will, tbssehere, denartisse be
men Slid op.

It ia saseaseed that a great couterrativ, banquet
win M bole w t►e 16th Iserase, is t►e, ma. Peek Imeab.
alum ♦ maim will to erected capable et emmexerrietimi
ewe lbw lAN puts. The chair 101 be Mese by Zed
Smmbepe sad Mae limitations tackle the Paul of Darby.
.2lkt deebt," mays tie Aiht.li Gamits, "to will be ex-
tremely immeeteleet le the noble az Icemen to ems in tits
way Mom Ismorley at a wean whoa he ilverfablyllagemme
AI IWO* herepttality to a Lame circle of Ifs Croft. Al
lbe Noe line we are sot eatl•ely *about bays that be may
M pewee* se Nis lalorottel gathering."

A letter from the hati's or Hembarg, dated
kurrt 27, 07, The ofetwem of stermere bin is et
a ...es very emolderahle. Tb. Sat families of Europe
me dam ear beim. Ames* lb. Wag arrivals ars
lap f Were= fie Priem Ahlbor t of Pt oario, thr Grad
DeehereDeweroofllishimberg-Sobworia, bar Royal HIS
ltie PrOmme Ropkwers Ile Seen Or.. with hoe
gawk thePdseees Illenelee see *a Maw Hoary X XIL
sad am, XXIII, Me Alseaus Pelage Namlea Bait"
litglaese Ile Mew i Waldo ben Duels.
ttr Ofteame Illtadvado. berg P. :.es leak 11. Ow
Amber of Meatiewa Iltands et dltga, sae Ceder of
Waves, the Monde ofthe Bed of Pombrehe,
Tioeseet Moyer{ irloomi MC
Iyme% Lord Haim
tie Dom* Lori BANSWIA, Loa Orittrope. Led Infirm
Osborne, Lord Now* Led Imasty, magma of ihe
lbsilak pow" +ft% Wit Area; ti.Oritme Mew el
Wbu. IL Wmhrhoj.r. pima r the Impreoe of Ate
Peed; the emu owl Gomm de le ThrevUlo, from Paris;
▪ ilamUutoy the OmmeamOorre"te de Marvin, 'awl
lesesinkirry MAW IlssApstastim of the Emperor
of Snail es Losisa

-- -
The Earns as Empress of the French, wooed-
lei as 41161115 61110 &tat &arm, CP hare that plam for
limits ea Chi Itch R 17th. Tie Impres• Um Tr
st rr hat-amesilplaa4aaillita Imparor, ahoy Aides
Daritaas sal Nasals, Ira posted to al camp at Chaim,
am already otatad.

The -Emperor of Huai& hu left Bt. Petoraborg
kit Meseow, accosepasied by i be II mister of W.
Marshal Magnus and hid family arrived two dap
sou C.

_
Gnat Wont has returned to Turin from Swit-
nelndl.

IL Mier Qaioot writes to the Broomls lilt-
radios, ereg bla petrel le eeseptot the .sway.
Nem" Wks* I ces a.sss et the emeety I make diet
Ye weary isawithe wfigi aft M modern modem
eberld M olebilhdril he Premiers : tied se ate abeeld
Men be remteed sad sequoterbel by Ur etecattee
antbertty, sr beolibed set tomaireeted to !do&
RR Corse, sr expalled b OM try, willing
die PMPIA* Jet and &lies et .Jets; Yet rebtielty
thaeld sot be keelebbed , tot fee aseeseles ywaselesed by
ebe Weasel. .beeld so bow be abovett oppowood sit
de °veto. of say ere; OM the yowl* d ewe rere der
tssitioss ot,oold tot be dueled Inee maul tentibommt.
th.t 1., In misty awe., tato ono at deli; that _.vented
property alsoold bs esstorsst to its Lisrfal eqrsen, and, gene
1.11, that the freedom of Ile poets slsookl b. towed: