The Express.
London, England, 1850-11-16 00:00:00

THE EXPRESS. SATURDAY EVENING, NOVEMBER 16, 1850.

quarrels than ail the blies
may eider, Gan afford.
There am few writers
atbafm that " kneeled
" bserledg• is pe
so mash as igaoranee,
other's mats and righter
and the organ of all dope
If all aationslineweach
cello game toe each others
of meat sack ethers pride,
take, and by that mutual
respect, which prevails in private life. smi Whisk
readers it so universally polite sadozz".
away the prejudices sad asperities nos
from mos, then we might hope for the universal pmes
which diplomatists have never given, and that Idega
have never kept.

IS Waning to the Tory important osbjoet of re-
fortalis the common law procedure of Weetmineter
Hell, we shall endeavour to make our remarks in-
telligible to laymen as well u lawyers. We believe,
indeed, the lawyers are in earnest, but we want the
public also to be on the alert. No profession can
safely be trusted to reform itself; even the wholesome
influence of terror is not adequate to the purpose ; it
can only supply the wish; it cannot ensure the ability,
for procuring an efficient and comprehensive change.
The ablest and most unprejudiced of professional
men can never wholly shake off the spell of
the idola tribal—the influences of a system which
it has been the main task of their intel-
lects to muter, and the chief business of their
lives to administer. The practitioner of the law must
unlearn half his mental habits before he can qualify
himself to be its reformer. When all is done, his ten-
dency will still be to preserve PO much of the old as
seriously to endanger the efficient working of the

new.
We have every respect for the gentlemen of whom
the common law commission is composed; we know
them to be able, we believe them to be zealous ; but
they are human, and therefore not infallible; they
are lawyers, and therefore must be closely watched
when assuming to act as law reformers. Besides,
even taking for granted the utmost measure of com-
bined honesty and ability in the commissioners, and
making all due allowances for the force of salutary
fear in the profession at large, is it quite
clear that there will be no recalcitrancy in nigh
places ? Will those " sages of the law," who have
been the oracles and the originators of the existing
system, quietly submit to its extinction without a
struggle F Will no voice from the Exchequer be
raised on behalf of special demurrers P Can tee judi-
cial mind be expected to give up with resignation ell
the luxury of logical chicane—to forego unmurmur-
ingly the privilege of exercising the astutest wit, in
defeating the justest claims, and overruling the most
righteous defences?
As a security against even remote contingencies we
think it would be desirable to enlist, it possible, the
force of enlightened public opinion on the side of the
law reformers. Oar faith in Westminster Hall is
great, but our faith in the common sense of England,
when it can fairly be called into play, is greater still.
The difficulty is to bring it to bear on such subjects

as the present.
The practical English intellect is apt to be imposed
upon by the maxim, Clique in tau art* credendunt est,
—a maxim which, according to the sense in which its
terms are understood, may be either a truism or a
fallacy; " credit every member of a craft with special
skill in the promises which that craft professes to
teach,ft—euch is the truism; " credit him with supe-
rior honesty acd ability when the question is whether
those processes are not tad, and whether better could
set be substituted in their stead,"—such is the fallacy.
If I want to know in what way I can best avail my-
self of the existing rules of law, I place implicit cre-
dence in my lawyer; if I want to know whether those
Tales are good or bad, and how they are to be
amended, I shall not, if I am a wise man, allow
myself to be deterred by any cry that he may raise
from endeavouring for myself to gain some kind of
insight into a question in the practical solution of
which I am so deeply interested.
There is no part of the law to which these remarks
are more applicable than to that system of written
pkedings, the absurdity of which is the great disgrace
of the existing procedure. We venture to say, that
the principles upon which the whole question of an
efficient Worm of our present system of pleading
turn are within the reach of every plain intellect,
without the expenditure of any painful degree of
attention.
If I have a claim or complaint which I wish to en-
gem against a fellow citizen before a legal tribunal,
it is the plain dictate of common sense that I must
give my opponent and the court some notice of my
grounds of claim, or my grounds of complaint: if the
question be what kind of notice ? the answer would
plainly appear to be, such notices' may let my opponent
know what l 1101 aiming at, so far as to enable him to
weake his answer, if he have any, or to admit my
ground of claim or complaint, if he have not; my
opponent's answer, it is equally clear, must be such
as in a similar way to give such notice of the nature
of his intended defence ss to enable me either to de-
pute or admit its validity ; and so on through the
varying alternations of affirmation on one side and
dental or admission on the other. Notice of the
grounds of claim or complaint on one side, and of the
grounds ,j defence on the other, sufficiently clear and
explicit to male each party to prepare jor trial of their
cause on its merits—each is the sole litigant object
of those written statements by litigant parties,
which in our system are technically called " plead-
ings." All that can be reasonably required is that each
litigant should be informed of the points to be contested
with such en amount of certainty, as while it does
not logically exclude all possibility of misconception
or doubt, shall yet convey to the mind the fequisite
information with the same freedom from ambiguity
as is found amply sufficient in all the other tutees-
lions of human life. In all the varied relations of
civil society—in the family, or in the world—es
buyers and sellsee—al bettors on the tort or specu-
lators on the emebamgemien are content so to express
their meanies as to be matasily intelligible, without
seeking to be tssameadsidal macerate. Everywhere
dm am is supposed to psalms the gift of ordinary
sem amil ammo understanding; why should he be
deprived is a court of justice alone of all credit for
even common intendment?—why this forensic fiction
of universal imbecility in the eye of the law ?—this
selfetaltification according to the rules of pleading?
why should the litigant alone be under a Matutable
disqualification for the exercise of those average powers
of apprehension which every other member of the
community in every other transaction of life is inva-
I viably credited with possessing?
In the great forum of common sense what
can be said in defence of a system of pleading
which, instead of being directed to the plain and
simple object of intelligible notice, compels each
party to make such a statement as shall show
on the face of it every legal requisite that the
most rigorous technicality can require, and further
shall be conceived in such language as logically to
exclude all infernos, contrary to, or even Inconsistent
with the precise meaning which scientific accuracy
requires to be conveyed; and all this on the
pain of having the libels merits and justice
of the cue sacrificed to a sees failure in corn-
plying with the weeniest agave of these Draw-
= dialectics? Yst ma is the famous system
of the new rules: a system whirls bat the other day
was extolled in Westminster-hall= moot the crown-
ing achievements of human mins% whisk now an
seseeely find an advocate save in NM *lda pleader,
Wily straggling against his 11111141111111 of speedy &bo-
ld., or in some learned baron quondam at the ap-
paashing loss of an intellectual exellimmit.
The wonder in feet is not that cod a medial ad
procedure should now be given up by_ minim mihmemb
esneent, but thatit ahoold avechare beele permitted so
hug to trifle with the patinaee and spat with the
dabs. of this great mercentile community. Let the
ellusissioners be well mewed that they cannot
satiety the exigency of the times, or the awakened
good sines of the public by anything less
unit a total 'abolition of this bad method of
procedure. Their work will be impeded male.
lay down the broad principle that rasseasitly '
ligible notice, and not logical and scientific sompiste•
nem of statement, is the great point to be alma at
in pleading. If the notice given be really imsediebiat
for the purpose of swahlimi Me appease* le lagabe;
into the case and mute hie dame. he power be
given to go belbre a judge he the ef saw
palling a fast and more numb . As a
essurity that thia should not be deas winked, sad
pumas of delay, let the sods of the application
is every case the penalty paid for its failure. With

Beglish mind, especially the 'testi= legal
mind. is fend of precedent, and loves to take edge
under the safe shelter of experience. In adoptiag the
course proposed, this species of consolation will not
he altogether wands the precedent referred to, in-
deed, is not ancient, but it has been fairly tried and
paupersd. But a very few years
bask, thep of England had the mis-
deal= to have their rights of settlement ad-
judicated upon by the same syrem of strict
teehnieality which still decides the fortunes of their
wealthier fellow citizens ; the system of special de-
murrers bad made its way into parochial law ; every
legal requisite of settlement was required to be stated
with a completeness that left nothing to be under-
stood, and a logical strictness that could defy every
refinement of cavil. The result war, that all regard
to the merits of the case was wholly merged in the
attention paid to the adequacy of the statement, and
the question whether a pauper was settled in Pea-
-1 sauce or Pearith was made to turn on the omission of
a preposition or the insertion of an article. Then
same the re-aotion,--common-eense took the alarm;
the chairmen of quarter sessions filled the house with
asps^ and Mr. Beim carried his bill for the
amendment of procedure on the trial of appeals.
This act, together with the amplest powers of
amendment at the trial, so as to suit the real nature
of the case, provided that the litigant parishes should
respectively send short grounds of removal and of
appeal, the sole test of whose sufficiency should be
that they should enable the opposite party to inquire
into the facts of the case, and prepare for the trial of
ths
What was the consequence of this enactment?
Why, that speculative litigation in parochial matters
earns wholly to an end, that but few appeals compare.
tively are now tried, and these few almost entirely on
their merits. What Mr. BAINES has done for parishes
and paupers we ark the commissioners to do for all
the subjects of these realms whose rights are regulated
by the common law of England : tntelligi64 181611.
slutead of prolix and unintelligible statement. dart
grounds of claim and defence instead of unwieldy de.
elaratione and interminable pleas—these are moat
the first of those measures of reform which, on beth&
of the community at large, we would most urgently
press on the attention of the common law commis-
sioners.

FRANCE.

PARid, FRIDAY EVENING.
The following important notice appears in the
Constitationnet :" The government augments by four
regiments the military division of Btruboarg. We
need not say that this arrangement indicates no charge
in the policy of the government. It is merely a mea-
sure of precaution in presence of the eventualities of
Germany. The cabinets of Vienna and Berlin seem to
incline to a policy of conciliation. But the population
in Prussia continues to be greatly agitated."
A letter received this morning by a representative
states that the largest ship in the French service, the
Valmy, narrowly escaped being consumed by fire at
sea. The powder magazine blew up and kille.l2o
persons. All the interior of the ship Is destroyed. The
Valmy has however reached Brest, where she will be
repaired.
The motion of the questers relative to the Assem-
bly's special commissary of police threatens to throw
down the flimsy structure of reconciliation built on
the President's message. The danger of this ques-
tion, as far as ripping up the newly-cemented peace
is concerned, lies lees in the disposition of parties
than in the fatal chain of facts, which is such as to
make collision inevitable, with even the best inclina-
tion on both sides to avoid it. M. Cartier, instrument
of the resentment of the Elyse., struck the protege of
the Assembly with a suddenness which has called out
the old grudge in all its bitterness. The recent tri-
umph of the parliament in forcing General Changar-
nier's order of the day upon the government, has
given it a consciousness of its supremacy, which can-
not be with impunity called afresh in question. It
will have reparation for this affront by gathering to
itself a portion of the power which is invested in the
prefect of police. It will establish an independent
police authority. The admission of such an encroach-
ment on the pert of the executive would be
a new concession, of which the effect materially, as
well as morally, would be fatal to its authority, and
equivalent to an abdication by piecemeal. On the
other hand, the Assembly will not quietly pocket a
alight which would blunt the effect of its recent vic-
tory. The difficulty of arriving at an arrangement is
enhanced by the surp!ising esprit de corps which is
exhibited by the legislative on all questions which
teach its dignity and privilege. Dupin himself has
taken up such a decided attitude of protection towards
the faithful commissary who gave him the informa-
tion of the dire plot for his assassination, that it is
vain to think of the questors, led by the impetuous
Base, dropping their motion. It is generally believed
that not only will it be taken into consideration, but
passed by an overwhelming majority. If, as is
Armed to well-informed quarters, MM. Barone and
Coeliac have hinted their intention to resign, in the
bee of such an issue, it is impossible to see where the
consequences may stop. Meanwhile, M. Yon has
written the following letter to the Contitutionnel,
which, together with the comments of that paper,
forms the only bit of news to-day worth sending:
It is attempted, in an article of your journal of this day,
to show that I communicated to the PIIIIII/141It Committee a
minute, which at a later period I placed in the heads of the
presume of the republic. The author of this amide was
misinformed. I never had the imam of making say sass.
raualeation to the Pereassent Committee. Darin ins gees
rogation, the series of polies took place as before. Imo
menhir I gave to the prmideat sad the quotas a s
=
of the reports famished by the made paid by the had
the amembly, as has been done for the two yeses sad a YE
doing whisk I have been charged with the spoils' senies
of the trembly. As to the minute, when it was ONINIEEMP
'MEd to the president—for it is a consequence of my spoil
and easepdasel position, to traeamit arthing which had nee
c leadjaipeassel ander his ”as—the president gave It me
act is enfomity with the law, and half
ea li Mss
oar afterwards this document was in the:hands of the
Crar of the republic. Seek is the truth, mid sun has
y soonest
The 9posiel Commissary of Police, Tote.
The oommentaryof the Constitutional is astrllows
X. Yea pretends that we have wreagfally Owned him
with hubg esmanatestet te the Ponasneat Committee a
Vi'Peel whisk bead mat sto stud afterwards deliver in
lna of Os esenedene tba gepahliti. That le Est
wW pe mid. Be miles a ibibeas betwesa the peal.
AM owl the queues ea lbr ems IS* sod the POINNIBEISI
Clemmltees ea the ether. sod &dens that he bed weer had
Ile Mew to make say semisanketlea to the Perumwtemll
Oemmilbes Bat it Is very stride's that in Misers the peer
dime gni his queues ere the Committee of
ota Pereopozesi
slash diS rattees sour oad with Bo
reneffilbsery swoon threw&s the nahissie
nt aid neaside the lienstees.
The dbilailles is, therefore, ridisoleos. U. Yea dee draws
war illethrtios between his mods sad the preale wind
agar. The reports is questiss are, in this ams7r, this
ass point. It was by then that lammed= of die
of the sesemlas wee tank kaowd. As to the
▪ /tat, It is a mem formality. It is, therefore, alsilldled
that the revelation of the :dot was made at the draw if the
PermaneatCommitme held on the eth inst. Aid hen whoa
wore the fees Antral ? Evidently from X Yea. They
were published is the iiomwsh of Me 7th. Now, ea what
dap was the prsedoess4el et Nat, that is to my, probably
*pea sad parerrephed at sub pegs, delivered to the pro.
=et therepotlit@ 1, It was sot delivered to blm anti'
these *Week is the aftereoce of the 9th. We
to KAM whether what we state is mot correct. HaelPtesail
barker made a report at hest ea the 6th Wt., if MN be.
to Why did IN met pat his presser verbs' en Jest oa the
mete day ? Why did be alkow ea interval et thee* days to
dope between the oral or written report which made knees
the ask sad the pores serial whisk was only the wheelie
Weida of the deelesstiea t If, la that iaterval, the Pre-
sident agrisuerweral Cliseparnier had been nemeolasted
= mho drew the letter D or the letter C, en
the reephodhllity have rested ? Would diem
bese el M. Yes, win wee eedy shamed with the isterael
prize'. et the Asseinbly, or se 11. Caller, who is abused
with the road pollee lithe eLy and of the t ?
BY open baying boo node, it was the duty older 7rolelite
Imo oroverted tale a procir wades lest-
>r
11. he been eswerallwilestssid, set se pedalo pp Tompeweresr-geoerel of the
peentellOsemelewr Mani X. es follow a more regular
tai Roessabs In each on imperrmat
eale.V6llllll7LEmt appears to no to be bladed
• Se the gereeoment say this riming
Oat the quells d M.Va will not be beenght

befde; thibilfee/n The government has no intention
whatever ,ail" 4imoschig Carlin. Interviews have
taken planato-dat hawses the Committee and M.
Baroebe, hod led to no settlement of the question.
The Assembly', *ling of to-day lasted only on
hoar, and was eentpletely destitute of importance.
The first reading ed the bill for organising the govern-
ment of Algeria was on the order of the day. M.
l'Paesy complained that General d'Hautponl had sp.
teenatioally kept back from the Committee all means
basin a eempleee report. General Schramm de-
clared that he wed solar from wishing to imitate his
predecessor in this teepee, that he should give the ,
Committee every facility in hie power.
hf.d• Tingay had presented a proposition to modify
the electoral law, according to which the electoral list
shall be drawn up by the mayor, sitting in the mnni-
cipal council, assisted by two delegates for each com-
mune, by the council-general of the department. On
that list shall be inscribed ex-officio and in alphabetical
order. Ist, all Frenchmen aged 21, in possession of
all their civil and political rights, and having resided
in the canton for three years at least ; and 2nd, those
who, not having attained, when the list wu formed,
all the conditions of age and domicile, flail have ac-
quired them before it is definitively closed. The proof
of the conditions mentioned above is left to the judg-
ment of the municipal council and the delegates.
The report of the committee of parliamentary
initiative, on a proposition presented by MM. Dufour-
nel, Chapot, Pascal Daprat, Chaper, De Vatry, De
Larcy, and other representation, having for object to
authorise the Minister of Public Works to concede:

I. The railway from Paris to Lyons; and 2. The line
from Lyons to Avignon, to two distinct companies, to
be formed by public and direct subscriptions, was
yesterday distributed to the members of the Assem-
bly. The committee has taken the matter into serious
consideration, but it leaves it to the Assembly to de-
cide whether it @hail be referred to the committee on
the budget, which has already under examination the
original bill of the government.
The majority of the bureaux were favourable to
the law on the national guard.
M. Dubois, who has just been made director-
general of the administration of war, occupied a con-
spicuous poet, as military intendant during the
Roman expedition, and took the chief part orga-
nising the pontifical army.
The Mon deur contains a circular to the proaureurs-
generaux for the purpose of defeating frauds in
marriage contracts.
The committee on M. Charoix's duel has adopted
unanimously the report of M. !airline, which is
against authorising the prosecution of the Mountain
deputy.
The Council'of State held sittings on the 12th,13th,
and 14th, in which it continued to discuss the bill on
internal administration, and adopted, with delibera-
tion of urgency, two bills proposing the purchase of
the shares (actions de jouissanee) of the company of
the Qnatre-Cenaux, and of the canal of the Rhone-
Rhine.

The sequestration placed on the railway of &minx
has been removed by a decree of the executive.
M. de Bartiges, minister in Persia, is to replace, at
Ithe court of Athens, M. de Thonvenel, who is ap-
pointed at Munich, in the room of M. Armand de
Lefebvre, called to succeed M. de Persigny at Berlin.
The metallic reserve cf the bank of France has de-
clined 11 millions in Paris, and increased in the
provinoes. The discount-accommodation ha, increased
in Paris three quarters of a million, and in the pro-
vinces to about the same extent—the amount of the
former being 50,952,191fr.' and the latter 83,698,618
francs. The protested bills show a further decline,
being at present only 679,639 fr. On the, side of the
liabilities, the notes in circulation have increased two
millions in Paris, and about one quarter of a million
in the provinces. The account-current of the treasury
remains nearly as it was, the present amount being
48,254,689 fr. Private accotinta current have fallen
off about two millions in Paris, and increased three
quarters of a million in the provinces—the amount of
tee former being 67,608,142 fr., and the latter
26,089,351 fr. The whole amount of the metallic re-
serve is now 442; millions, to 3091 millions of notes
in circulation.

lot s. Aecood
PARIS, , Nov. 13. Far
Mossy. lOpekias therm. Unrest. anise.
- - - - -
I par Onto. P9S NI • 31) 0 37 NI 57 90
3 tar Nate. 93 20 9310 92 23 93 3 93 23
s do. New Insos . ~ n n n n
fi pet Oasts. n n n n
I per Own.
n .90
....
.... a
..,.. ll9 ~

Meammo an image s at dint. 26 121 i 90 day,
"rt rat 60 Maw Naples Banta Money
961 Roman Loan MO 78
Do. 49 ..... 69 Do. 1830
Do. 24
Piedmont 6 per OWL 84 Beak Mane 2300

Boungn.—St. Germain, 387 50 ; Venallles (right bank),
155; Vassals' (lett hat, k), 137 60; Paris sod Orleans,
785; Paris and R.)11411. 610; Rouen and Havre, 245; Mar-
stifle, and Avignon, 175; Strasbourg and Bale, 123 76;
Orleans and Vie►son, 362 60; Orleans and Bordeaux,
387 60; North, 460; Paris and Struboarg, 342 60; Tours
and N►ntee, 242 60.

the blue books, which parliament regard to Use powers of weeding the written state-
Hord. meats as the trial, let them be full and ample,
writers who hai: whoa "Okit dizart' t° thlttlt to 44°t°1°
knowledge is power: - we of, Revere with
othet and never
peace War • not reftisiddiag so ez thieldlaietrazltkelv,
ince, from peopl • of wineglass., of the- sot the,
rights ;an • • which to loogreended, the oppcsite 15ihas
alldespotie en
fae4 snlled ,and'va Mei the-eac othOrintiataTely, cbuld mai • humid! for the triaL In such imam it trial
th others weaknesses, admire instead be postponed to some future day, the wets of the
we pride, b• prepared to give as W amendment aid the delay- to -he• paid by the-party
hat mutual discwslon and social through whow fault they. have lsseg tendered neon-
•