The Express.
London, England, 1868-02-15 00:00:00

•
tin LIMS,

as Mr. Disastes streagth _of will, suavity sof
purpose, and fertility of resource are to Lord
DARBY. When the Cstaxosttoa of the
Exempt= has brought his nominal chief
over to his way of thinking, he has converted the
Tory party. Lord Deana practically holds proxies
not simply for his peers, but for three-fourths of
the Conservative country gentlemen in the House
of Commons. No one else could have induced
the House of Lords to pus tho Reform Act of
last session. When mutiny or disaffection had to
be quelled in the Conservative ranks in the House I
of Commons, Lord DERBY had to be roused from
his sick bed to allay the rising storm. Mr. Du-
RAELI'd ingenuity would be simply admired and
suspected if Lord DERBY'S strong party spirit and
class feeling did not vouch for it. His re-
tirement would leave Mr. DISRAELI without an
interpreter in the Peers. Lord STANLEY'S re-
moval to the Upper House would weaken the
Government in the Commons rather than
strengthen it in the Lords. The taint of his early
liberality, his level spirit, and prosaic good
sense, would prevent his ever acquiring that
ascendancy in an aristocratic assembly which
is needful to sway it to a policy
which it dislikes. Lord Canute's patent of no-
bility is too recent to enable him to assume the
place for which his abilities qualify him.
Moreover, his Tolism, like that of
Lord CSANBORNR, is of the old ex-
clusive school. Other men of first political class
there are none who can be thought of to take
Lord DERBY'S place. The consequence is almost
inevitable that with his retirement, the
progressive elements of modern Conservatism
will lose their point of contact with the duller
mind of the great mass of peers and country gentle-
men, whose talk is of oxen. The Tory party will once
more become the party of resistance. The chances
if its compLter harmony with the ruling ideas of
the time, which it has been Mr. DISRAELI'S work
to bring about, hang upon the slender thread of
Lord DERBY'S political existence. On the other
hand the process of time which is weeding out
the narrower and more exclusive represents-
tires of old aristocratic Whiggism from the
ranks of the Liberal party, and the po-
litical change which have brought the people
more largely within the pale of the Constitution,
strengthen the forces which are behind Mr. ,
GLADSTONE, unloose the trammels which are
around him, and weaken the obstacles befuro him.
All forecasts are profoundly uncertain, bat so far
as the near future can be penetrated it is full of
encouragement for the Liberal party and for
Liberal principles.

Tun Public Schools Bill was read a second time
last night on the motion of Mr. WALPOLE. The
principle adopted in the case of the Universities
is by this bill to be applied to the public schools
of England ; that is to say, they are to be allowed
to reform themselves, if they will consent to do so
before the Ist of January, 1870. The governing
body of each school, with the exception of Mer-
chant Taylors' and St. Paul's, will, previously to
that date, be at liberty to amend its own constitu-
tion in such ways as it may consider beat (subject
to certain general conditions), to alter the method
and character of the education given, and to effect
any change. in the administration of its funds,
endowments, patronage, dc., which may appear to
have become necessary by the progress of time.
If, however, the governing bodies should refuse
or neglect to correct their own abuses and short-
iminga, a special commission will take the matter
in hand, and apply the remedies demanded by the
changed requirements of modern society. The
exception made in favour of Merchant Taylors'
and St. Paul's Schools is vindicated by tho Govern-
ment on tho ground that they are maintained
by the gifts of two City Companies, which might
resent any interference by withholding the
funds. But if this exemption he turned into a
m mans of evading all reform, it is clear that in a
subsequent session we shall be forced to subject
the two foundations in question to the same Perlis-
military supervision which is now being brought
to bear on Eton, Winchester, Westminster, the
Charterhouse, Harrow, Rugby, and Shrewsbury.
It is to be hoped, if the measure passes,
that those schools will accept the terms now
offered them, and will set their houses in order
according to modern ideas of educational need..
Few desire to drive them to extremities, and most
men would be better pleased to see them quietly
reforming themselves than violently coerced by
an authority higher and stronger than their own.
In that case we may ere long see the fine old
public schools of England restored to the
high position they occupied in earlier days. But
the time has come when reform can no longer be
delayed. Our public schools do not meet the
practical requirements of the nineteenth century
of England, and the changes that have been long
demanded grow every day more urgent. The
governing bodies have nearly two years of grace in
which to repent.

Wars Mr. DISRAELI told the House of Com-
mons on Thursday night that the Judges had re-
fused to do what the Government desired and the
House was prepared to sanction, there was an out-
break of astonishment mingled with indignation.
As the case was put by Mr. Disrazu this mani-
festation of wrath at the attitude assumed by the
Judges was as natural as justifiable. But
it is questionable if the matter was placed
in its true light. It would have tended to prevent
some misapprehension and consequent unfairness
had the reasons assigned by the Lord Chief Jus-
tice COCKBURN on behalf of his colleagues been
read to the Honso. They will be found in the
letter printed in another column. There is,
perhaps, too much said in this letter about
conscience and judicial oaths. Indeed,
the extraneous matter partly conceals
the point which the Lord Chief Justice
wishes to urge. He dues not express any disin-
clination to discharge any judicial function ; but
he urges the unseemliness of making a judge step
aside from the accustomed path in order to pre-
pare the preliminaries for the administration
of justice. We think his propositions would
have deserved greater attention had they been
supported by stronger reasons than those ad-
vanced. For instance, it is said that the Judicial
Bench would be lowered in tone were it obliged to
discuss questions of political partisanship. This is
a strange blunder ; it is one which we
should not have thought • man so acute as the
LORD CHIEF JUSTICE WOUld have made. We
might not unfairly conclude that his letter has
been composed on the principle of a Speech from
the Throne, because it contains much of the ver-
biage and confusion which may generally be
found in a Royal Speezh. But despite the obscurity
of style, the main objection of the Judges is
discernible, and it is to the effect that they are
asked, not to by offenders, but to ferret out
offenders. At present, a man may be proseeded
for bribery before the courts of law, but the told
does not take place until a preliminary invited-
' gation has determined the issue. This is
r I the course pursued in all criminal caws the

6 lAY I
aoinnel not Wog tiled ' ore it has
been shown that he ought to be placed on Lis
trial. Now the Government lave proposed to
alter this as regards elections where foul practices
are alleged to have been committed. The Judges
are to determine, not merely the guilt of tho cul-
prits, but are to discover who are to be
prosecuted. The change is a sweeping One,
yet it is one which Parliament is competent
to make. It is a change which, in the opinion
of many, is imperatively required. Wo should
have been glad to have seen it discussed without
reference to the volunteered opinions of any body
of men, even although that body bo composed of
those having the soundest intellects in the
land. Nevertheless, we cannot refuse a hearing to
the opinions enunciated by the Judges. Their
view is one of which the importance is indisputable.
It is a view, however, which no one is likely to
take who has not an undue bias towards the main-
tenance of existing forms. Wo should regret
if Parliament were to turn aside from
its course of legislation et the bidding of
the Judges, and if the threat of doing what is un-
constitutional should cause it to pause in provid-
ing for the purity of elections. It is painful to
displease the judicial bench, but it is far worse to
suffer electoral bribery and corruption to go on
unchecked, bocanso unpunished.

LETTER OF THE JUDGES ON THE TRIAL
OF ELECTION PETITIONS.

The following is a copy of the letter written by
the Lord Chief Justico of England on his own
behalf and on behalf of the judges to the Lord
Chancellor respecting the trial of election peti-
tions .

Court of Queen's Bencb, February 6,1969.

My Lord,—l have tha honour to acknowledee the re-
ceipt of your lordship's note of tbo 31st ultimo, calling
my attention to the bill "for aeiending the law relating
election petitions, and providing more effectually for the
prevention of corrupt practices at parliamentary
elections," now pending in the House of Commons,
and requesting me to consult the judges as to
" the best mode of providing assistance for the
event of • general election, and the influx of
Petitions which always follows." Since the receipt of
your lordship's communication, I have procured a copy of
the bill, and find that, according to its provisions, election
petitions ore in future to ho presented in the Court of
Queen's Bench, and having been so presented are to be
tried by one of the judges of the superior courts, without
a jury in the borough or county, u the ease may be, to
which the petition estates. In conformity with your lord-
ship's wishes, I have consulted the judges, end lam
charged by them, one and all, to convey to you their strong
and unanimous feeling of insuperable repugnance to
having these new and objectionable duties thrust
upon them. We are unanimously of opinion that the in-
evitable consequence of putting judges to try election peti-
tions will be to lower and degrade the judicial officio, and
to destroy, or at all events materially impair, the con-
fidence of the public in the thorough impartiality and in-
flexible integrity of the judges, when, in the course of their
ordinary duties, political matters come incidentally be-
fore them. This confidence, which does so mach to
maintain the respect for the administration of Y 13,41044 and
to uphold the salutary influence of its ministers, has in
great measure arisen from the judges being in no way
mixed up with political int:Hers, except when, as was
just observed, such matters are unavoidably involved
en ordinary trials. This confidence will speedily be
destroyed, if, after the heat and excitement of
a contested election, a judge is to proceed to
the scene of recent conflict, while men's passions are still
roused, and, in the midst of eager and violent partisans,
is to go into all the details of electioneering practices, and
to decide on questions of general or individual corruption.
not unfnquently supported or resisted by evidence of the
most questionable character. The decision of the
judge given under such cirenni it' sues will too
often fail to secure the respect which Judi-
dicial decisions command on editor occasions.
Angry and excited partisans will not be unlikely to ques-
tion the mo.ives which have led to the judgment, Their
sentiments may be echeel by the press. Such is the in-
fluence of party conflict that it is apt to inspire distrust
and dislike of whatever interferes with party object.
and party triumphs. Can it be expected that, if brought
into contact with these strong prejudices and passions,
the judicial office will not suffer in the publio esteem ?that
its inguity will not be lowered, and tho veneration which
has hitherto attached to it be materially diminished?
Would it be worth while to incur the danger of such a
result for the sake of creating a more efficient tribunal
for the trial of election petitions, when this end con
doubtless be attained by less objectionable means! In
the next place, it is to he observed that the functions
which the judges are called upon to discharge ore
altogether beyond the scope of- the duties which, on
accepting the offioe of judges, we took on ourselves to
fulfil. We are at a lees to see bow parliament can, with
justice or propriety, impose on us labours wholly beyond
the sphere of our constitutional duties, and which no one
ever contemp'ated the possibility of our being called upon
to perform. I have further to point out that we aro
thoroughly satisfied that the proposed ecben:e is impracti-
cable, and that the plrformanos by the judges of the
onerous duties which this bill proposes to cast on them is
neither more nor less than a sheer impossibility, The lint
business of the judges is to perform those duties which
by their oath of office they have bound themselves to
discharge, namely, in their respective courts or en their
circuits, to administer justice between the crown and the
subject, or between subject and subject. While this sit-
important duty remains to be done, the judges can post-
pone it to no other. The time of the judges is known to
be more than fully occupied. Attention has been of late
directed towards devising means for relieving them from a
portion of their labours, so as to enable them, without the
addition of more judges, to perform their more important
duties without the delays which the accumulation of note
voidable arrears entails upon the suitors. Whether oven this
will be accomplished remains extremely doubtful. Can it
be wise under such circumstances, to scatter the judges
over the country to try election petitions! We would
venture to ask which collet is to be its *nded in
order to furnish judges even for occasional petitions, to
say nothing of the trial of petitions after a general election,
when if any material portion of the work of trying
petitions is to be dons by the judges, Westminster Hall
would have to be shut up altogether ? Assuming even
that a judge or two could be spared in term time,
which, however, could not be done without ex-
ceeding inconvenience, what is to be done after term?
Are the sittings in error, or the post-terminal sittings of
the different courts, to be suspended, or the nisi prigs
trials to be put off! And whet as regards the circuits! Is
a judge to set aside her Majesty's con aduion and leave
the ails undelivered and causes untried, while ha it cooa-
pied iavestigating the unclean doing' of a corrupt
borough! Your lordship knows, from professional expe-
rience, as I do, the length of time the trial of set e'ection
petition, particularly if it involves • @mutiny,
very often takes; and I perceive it is not
only on questions affecting the seat of A. or B.
that the judges are to be required to adjudicate ; but,
where petitions allege general corruption, the judges are
equally to be called into requisition. We know, by resent
experience, t
he kegth of time which these inquiries fre-
=tltteyoca issuntthatlyifblio judges
thdraw are
tram to bemagod on
dation for sousiderablo periods at • time. How ceTivtM
pomdbly be aousisent with the interest of the suitors or
of the publis ? We entertain no doubt that the frames of I
the measure have bad no other then the praiseworthy
object of wadding for the trial of election prelates • tat-
banal which should command general °madame; but we
cannot but think that they mast have overlooked the im-
=ant considerations to which we have adverted. We
it is not too Ws to call attention to them
now. Your lordship suggests that aseistaase amid
be obtained after •gessral election. Bat if this
be contemplated as the proper comes as such '
as micaldon, why bays recourse to the Mgr at all
Why not employ those who would be resorted te ea such
an cecasice, an all others? Tho only quarter in which
assistance could properly be sought trill probe
bly have already miggeetod heal( to your own
mind. Ivory sae knows that, o wing to die
mediate wide& dertormiao professional mom sad basinam
at the bar, there are always a muftis smut-
bar of scam' whom baldness is as*
timed to their known abilities sad karning, w
sound judgment sad judicial aptitude are relognieel by
the refesemses whisk are frequently submitted le them as
arlillesksa. Many et those would probably be williztote
undsrlske the flasad fa gumlike, sad it
mbar sad oesrUtly he intrusted to them, while to
Pat nth duties an the judges would b• & MOSS taw
I Weigh& I will net Wier deist& year lonia* I boo
classimisa, to prole* fa the rime of all tho
sied my sem most sarseelly and mashatiosily,
fit abate, as Gas which. beast licbg
aad nojecol *muds IMLedmils.
salonlalnd te degrade th• sharnske of
lieuriaaVes the maddsase mad seam now bandy ewer-
far Orefedgask se well es *el: Whom Ood
'My. mad moot legisesty to Weston with the spar
lessee d joeliee„ We least S. yew lamb* to sow
Mr stwibotate Si the geweasbeet. amLesetintoul
Oho bilekbase ; eat we lisps we MY se
fiasihatike Ole 14.4 et the prsieriaa. is es,
this, in every mops* mod
insis=e—Tl yss lie. (altrasait Oecaboal.
She Right Kea lie Lent .

FEB:
•

11. URI;
OOAI►!ONTLMPUIt.iIiIE3.
(THIS DAY.) ""

The Times believes Lord Mayo is acting wisely
is recommending that the Habeas Corpus .kot fur Ireland
be at once suspended for another year. By that time the
Irish-Americans, if they be not totally devoid of mute-
ness, must perceive that they are playing • losing
game, and will postpone, if Dot relinquish, the ex-
ecution of their plans. The exceptional power bee been
exercised with great mildness, and an examination of the
persons arrested leads to the conclusion that tho great
mass of the inhabitants of Ireland desire no more than a
constitutional consideration and redress of their griev-
ances.

In other articles the Tines treats of the Fulda° Schools
Dill, the functions and character of the judge", and the
discussion yesterday at the Metropolitan toned of Works.
On the last topic our contemporary observes that had the
evidence boss suppressed the public would have felt more
suspicion and tlialatisfaction than ever. When we con-
sider that the board simply administers the money of the
ratepayers, it is monstrous to suppose that the ratepayers
are to be kept in ignorance of evidence which relates to a
charge of maladministration.
The Daily New cannot blame her Majesty's ministers
for suspending the Habeas Corpus Act for another period;
but it observes with regret the tendency shown by the
Chief Secretary to magnify the importance of tho foreign
element an Fesianiam, and to make little of the native
disaffection which alone can render mountebanks like Mr.
Train and desperadoes like Lennon dangerous. Lord
Mayo ignores the real seat of the malady, and of course
misses the secret of its cure. English politicians
have allowed Fenianism to get tho start of them, and more
potent remedies have become requisite than might bare
been requisite a few years ago. On the wisdom and gene-
rosity of the course which parliament may take, the early
reconciliation of Ireland to the Empire will depend. Ita-
lian politics, the position of the Academy of Music, the
Cambridge contest, and the refusal of the Oxford convo-
cation to grant a sum of money for the Southern Univer-
city, are the other topics dealt with by the Daily News.
Tho Tcicf;rapA comments on Mr. Disraeli's reply last
night to Mr. W. E. Forster's question on elementally educa.
tion. No one, it sap, knows better than the right hon.
I gentleman that tho country will not stand any trifling.
llt must have a real bill or no bill at all. The govern-
ment must no longer trust to mere voluntary effort, bat
must itself take the initiative. To produce a measure
which will plant schools within reach of every poor nasn's
door will be one of the great tasks of the present session.
The Star is informed that the successor of Mr. Adams
as American Minister to England is expected to arrive
about Easter.