The Express.
London, England, 1850-09-17 00:00:00

Eke erpreins.

OUTGOING MAILS.
The stile far Bride& North Amities, &muds, mid the
Unites' Stews will ke wade up of the erasing of Sept. 20,
ix the Bridle Mail Packet '• Csnibris."
The nails tor ()drafter, Males, Gresos, lb' Imbue Wands,
Zapt, Geflos. WM, sad Chin, Ws Bonthswptea, will
M wade up ea d• cord en of Sept. 20.
TM will. via Marimbas, to de Medirerrantes, late,
Cells, India, Umi-Koty, Me., WU be made up on the
mowing of IlepL
TM sale toe Lisbon, Rosin, sad Gibraltar will be made
an en the werabig of Kept 27.
TM Went lada Mails, including Souduras, Nassau, Ha-
dumb, and leedel (Bt. Due.inee), sad turbidity Vial
sada, hew Greasds, sad Grey Town (St Jed de Nicaragua)
will be midi up en the sornine of Oet. 2.
The wails foe Mexico will be wade asp on October 2.
The sails for Madeira. tits Breads, sad Mimes Ayres, will
be wade up no the swains of 0. t. 4.
The nails for Hevassah, Homlsres, Noma, Jessaid,
Chili, and Peru, will be wade spas de semis( of OW. 17.

now WIN Nr LONDON =MK
T._ DA/-11.nuedr. DI. Missama. 111
711••1•11-111enliaL O. Mr rm. 114 SI.

LONDON, TURSDAE 81IPTENBER IT.

Munn.' parties tun at a sad diseonat all Over
Europe. Nothing bat extremes goes dews. Wild de-
mocracy one day, wilder StaliUoll the next, whilst
industrious and naturally quiet people are dragged,
reepecdsd to each poiit of the oscillation. Theirs
have been throughout Spain electives for the
Corte., sad the result has been that the
liberal coastitutionaliels, or moderate progresistas,
have been everywhem rejected. No matter what
their eminence or *lecture such men 1111 OLOZAOA,
ESCOSORA, MENDI2IIS%L. CORTINA, disappear from
the parliamentary mesa.
In France, the party and the friends of °ewe
CAVAIONAC evidently experience the ISM eclipse.
MARIAN' is DOS even a deputy. DCFAURS hides his
diminished Dead, and ()DILLON BARB= has goal
over to the French monarchists and moderados.

What has bees the mak of militsry Mums and
civic panic or mistrust in Spain and Poses, has
been enforced by downright tyranny ebewhere,
throughout Italy, for ezamp!e, and Greece and Aus-
tria. There the wildest biotic. strain to the very
uttermost the powers of the sword, the sceptre, and
the crown. And when the fanatic high priest,
the doll despot, the military slaughterer,
and the financier reduced to the last shift
of mem:nese and oppression to fill his treasury; units,
we may imagine what a government they make.
The only region in continental Europe where a
really serious tad {incest constitutional party bad a
chance of procuring influence and carrying out its views
was North and Central Germany. And we must own
that daring the last months that chance grew
km and less. There, as well as in France
and Spain, pusilic opinion, dashing against the
great obstruction, in the way of constitutional
government, divided into two distinct currents,
the democratic sad the reactionary; and there seemed
no depth or strength in what ran between them. The
King of PRUSSIA, who certainly showed a wish to
seek support where he could find it, went with both
currents to a certain distance, but with every
desire to steer and sail between them, he found
it difficult, if not impracticable. Day after day the
reactioeists gained ascendancy. The constitution-
alists, whether the Germans or the Prussians, found
no coontenance. Sneered at equally by the courtiers
. .

and by the liberals, the moderate constitutionalists
held their ground indeed. but it was more with the
constancy of brave soldiers commanding a forlorn
hope, than of men buoyed op by confidence and
expeetation.
A few weeks, however, have wrought a manifest
chauge. The Holeteiners, apparently annihilated at
the battle of Medi, have shown an indomitable
front. And we know how much the chis-
rectar of the constitutional party in Gaming
is staked on the procuring the Holstein's,
their liberties and right.. Up to a very late periled
the intrigues of Austria were most swayed
in detaching prince, after prince from the Prussian ert
caustitutional league. The remaining powers of the
league, however, begin to di.play firmness, as well as
no little jealousy and fear of the progress of Austrian
supremacy. Finally, Austria has made a signal blun-
der in pushing the Elector of HESSE, not merely to
break faith with the constitutional party, but in
proceeding to place himself at open variance with the
mass of his subjects, including his functionaries, his
army, and his states.
Mad as the Elector of HESSE may be, be never
would have gone to such extremities, which are per-
fectly senseless, had he not preconcerted the whole
labile. with Austria, and received assurance of support
from the mock diet which Austria had summoned to
Frankfort.

In order, however, to give this diet and Austria
some pretixt for intervening, the good Etecron ought
to have shown himself the victim of coercion and
!meule. Ile should have managed so as to excite the
capital to rise spinet him, the populace to erect bar-
ricades. But the poor man was not indulged with
the importance of an imeute. There war, in fact, no
one to rise against. There were merely the ELECTOR
and Ileeezerrtuo on one side, and the entire popu-
lation of the Electorate on the other. This unanimity
did not drive the ELECTOR Out ; it merely drummed
him out without distarbance, cr scism, or dissent. It
is a terrible precedent for dethronement, one of the
noblest, most constitutional, and most effectual
that has yet arisen in the annals of revolution ;
and ose which, we trust, will have more imitators
than either of the sanguinary French dethronement&
of February or July.
What can Austen do before such a manifestation ?
All North Germany sympathies with the Hessians,
not merely its democracy, but its upper and middle
clamors, its soldiers and its statesmen. Acd the King
Of PRUSSIA, in advancing to support them, would
once more fled himself at the head of pub-
lic opinion in Germany, a position which
was almost hopeless for him to regain, after having
refused to tske it, until Austria and MASSENPFLUO
thought proper once more to afford him the op-
portunity.
It may be, however, that the ELECTOR Will rap,
and that the Landow', his son, the relative of
Russia, and indeed also the heir to the crown of Dee.
mark, may assume the reins of government under the
patronage of the mock Met. Unless, however, he take
the oath to the constitution, and observe that oath,
he can only instal himself as elector by marching
with an Austrian army over the bodies of his sub.
*to. If he do take the oath, and of a consequence
be observe the constitution, he conont prevent Hew
from remaining true to the eSUSI of federal as well
as local constitutionalism. The effects of this upon
Hanover and Saxony need not be pointed out.
Whilst these ominous events are passing in central
Germany, theoffieers, who have concentrated under
their own epaulettes the entire government and public
apeit a:Austria, have undertaken to wreak upon Qom
VlCreesa's picture mammy seeggeeaanace for the
reset reception given by the Banksids tinware to
HATNAU. Whilst in the public coffee-nooses of
Vienna cheers have been gives for the Mitt
assesgst the officers thee is indignation.
thrice-beaten runaways from Hangarian prowess,
these fellows that never would have received pay or
worn a sabre but for Raman help, and who, in truth,
are bat a band of Hessian mercenaries—thste Croats
and Pantheon can no more imagine than the news
that Englishmen should have a distaste for wanes-
flogging before battle, and wholesale bloodshed after
it ;anal no more able to distinguish than the
Calms& himself between the rule of a sovereign
and the opinion of a people, they make Queen VIC-
701IA answerable for the popular insult to the
woman-dogging hero; they treat her MAJESTY'S pie-
ties with ignominy, and threaten England itself with
war beaus a few of her eons dared to have some
humanity and to show it. We are delighted at reading
the emeast of the brutal frenzy of these butchers :
it shows that the just verdict of the men of Banked'
bas tenched them to the quick ; and that a moral
judgment passed is Landes, without the help of
either hangman or agog-nine-tails, can still be felt by
the WO conscieness of military barbarians.

PSOII the pried whoa reforms of the law hope to
angst the *Unties of peasant, the broad sad &r-
-ise diadaslisa Wenn osatraets aad wrongs appppessass
token bona ea all aides overlooked. The didealtvg
at einikilue dismasso with efficiency in the adad.
Alois ells law Ins ban acid to win out at Ow
staid rot imploded state of society, sad the
blioV sabdo of Newt cods of psoodeata
lult BMX Wo 1111halty looW. iato, kat*:

found to apply itself chiefly, if not exclusively:to seam
in which the cheapases of justice is not er es much
moment to the parties coeurned as the certitude of
justite. It is not, in general, the poor sma *hong
interests are litigated in Chancery. or at Nisi Pries
However great the hardship of the costly procidures
still cement in those courts, it is somewhat lightened
by the consideration that the hardtop falls on shoul-
ders not absolutely unable to bear it, and that the
erudition and credit of the bench and bar, to whose
sustain:nest it oeetributes, are of positive advantage
to the entire eanemeity. Tet it is • grievance, and
so great as one, as fully to justify all the complaints
which have been raised against it.
But there is still a greater. There is a large dun
of cues in whisk the poorer classes of society have
emptily with those above them—nay, infinitely more
than these, and simply by reason of their poverty—
frequent occasion to approach the judgment seat, and
yet, when they do approach it, are either driven back,
or less rudely bat not less effectually repelled by the
delay and outlines@ and inadequacy of junior. Cases
of this clue are of mast frequent and ordinary oocur-
le1100; and moreover they are invariably such me
could not have bees avoided by any skill or fore-
thought in the injured party. it* could not kelp
himself—he did not put himself is the way ;
it was a costiagesey which befell him through the
malice, the Nektons's, or the neglect of another.
In casts of this elms therefore (so unlike those of the
first where the came of action always arises from the
voluntary act of the complainant), the law itself
should indemnify the sufferer,—the community to
which he belongs should 'protect or avenge him. A
" tort" is to be dealt with more summarily than a
" breach of tostroot."
It is because this plain and sound distinction
of our forefathers has been to studies times, with
other constitutional truths, obsoleted, and at length
forgotten, that we are to attribute the numerous
instance, which daily come under our notice
of the oppression and discontent of the people. The
poor man's comfort, ohmmeter, sod means of liveli-
hood, as an eminent jurist of our days has, with
shame and arrow, remarked, are virtually as unpro-
tected by. cur jurisprudence uif be were an outlaw.
If the driver of a carriage hired by the day runs
down the mechanic and cripples him for life, injuring
him beyond the power of the county wart to ooni-
inate, " he has," mys the pleader, " his action."
His action against whom ? and for what ? The case
of " Laugher e. Pointer " (5 B. and Cr. 547), informs
us that, after many hours of deep, *taborets, and
learned argument on such a point, the judges are
equally divided, and give their opinions seriatim. Two
bold that the jobusaster is liable ; two, that the hirer ;
and Ake the analogue question ;of the :aohoolnmen,
• Is the pig led to market by the mete by the man
who holds it ?" this udecided question of liability re-
mains to perplex pcsterity to despair, and the plain-
tiff bears the costa of his nonsuit No matter how com-
mon the ground of suit, there is the same obstacle to
the doing of judos The costensonger's bey is
maimed by the butcher's mugs boll-dog unlawfully
at large : the ecotensonger has to resort to the
mama of special pleading in quest of the appropriate
remedy. If be obtains judgment the butcher, more
wealthy than he, may, step by step, bring him at
last before the House of Lords to have that judgment
reversed.

however, are but miner instances of hard-
' ship; and, moreover, for these the legislature is only
responsible thus far, that the laws which it has
made for the better and cheaper recovery of small
demands are not adequate to embrace them. Coming
to matters of criminal procedure, of police, and of
government, we find the means of oppression in-
creased, and the chances of the poor man's obtaining
even that tardy and insufficient redress diminished by
the direct action of the legislature. On the informs-
tion of a perjured policeman, the mechanic is torn
from his wife and family, and plunged into the conta-
mination of a gaol by an angry or ignorant magistrate.
The policeman and magistrate are protected from the
County Court. They must be sued at Westminster ;
can plead their Ststute of Limitations if the action
is not brought within six months ; they have every
statutory assistance in their special pleading; they
are entitled to exemplary coma if the action fails ; if
it succeeds, they pay no cost'', unless the damages
awarded are substantial. All this has been done by
parliament. Surely its legislation ought to have been
the other way. Rather than mulct the unsuc-
cessful mechanic in treble costa to the defendant,
the justice should have been made liable to pay
to the mechanic treble the amount of his damage, had
the suit succeeded. The law which gave hint more
than his ordinary power should provide a more
than ordinary check upon the abuse of that
power. No one forced him to be a magistrate. He
chose the office and accepted the liability. The same
is to be said of the policeman ; the same of the gaoler.
They have even greater facilities for exercising cruelty
over the poor then the magistrate has—who, by the
way, is invariably found to protect them. Yet the
legislature, instead of subjecting these creatures of its
will to a jurisdiction summary and powerful to re-
strain their exorbitant powers from degeneratieg into
oppressioe, seems bent upon lemening what facilities
still exist of obtaining retributive justice, in
proportion as the possibility of abuse draws nearer
and nearer towards likelihood. Thus, for instance,
we have seen the visitorial power over the Queen's
prison of Southwark deliberately taken away from
the judges of the Queen's Bench by parliament, and
vested in the Home Secretary, and that minister, the
keeper of the gaol and his satellites, made by the
same enactment irresponsible to courts of law for the
way in which it may please them to exercise their
respective functions.
We have been induced to make these observations
by the freqnsat and reiterated complaints with which
our columns have been from time to time filled, of
acts of the mange and profligate brutality committed
by the metropolitan rile*, and of the impunity which
the weakness or connivance of the police magistracy
secures to the offenders. If we tarn to the police
reports we cannot fail to meet with very con-
stant and very shocking examples. The police and
the inn/jet:ate rely implicitly on each other. The
one thing needful appears to be, that the hands of
both shall be strengthened against the commeinity.
We shall not at present enter into details on a sub-
ject so familiar, and which has been se recently as
Saturday last brought under the notice of oar readers
by a correspondent. We simply record the fact that
tM want of an effective responsibility places the
people at large, and more especially the poorer
classes, under an arbitrary and oppressive dominion,
against which, in the great multitude of eases, it is
nearly impossible to find redress. This is a reel
and crying evil, prodwing not owl/ discontent bat
disaffection amend the pmpie. For it is certain
that whenever reseed Walk* of thise:eritade
obtain, they are generally and at once ref is go-
vernment itself sad to the institutions which
the government This is especially true of Yastilpm
whisk east the parer Manes, because these en meet
frequent and whey by their Warm Whisk. it
yogi be posillho—th mos haws segeseftil—as go•
stose awl lupe., the exist* touts W. mambo
Wren% assoyelth jades, and other 110111104 institu-
tion@ et the like kind, se to make them cow again an
Ardent shield spinet those abases of petty local
power to the epprersioa of the weak, we are
not now called upon to determine. But some-
thing must be &me, and without delay, towards
obtaining for them a real and immediate help In such
oases, however unripe we may be supposed to be for
• th amides of the entire code of oar criminal
j met It may be done without inter-
fering the fttlest degree with the functions of
exisdag beim* we have no doubt whatever. And
if the eordsevees be the& with sincerity and earnest.
nom le diced He thisimives to the attainment
mam
et em aged et o=a me to Nap the benefit, it
a 11/B le be

FATAL ACCIDENT AT THE CALVED. PIAIL LEAD
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dimal. Hulks SS his see psis a short way babied,
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mats Mod. &mu WWI be wee posipitssd. sad lasaatly
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tab aileed magma dark-
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=the lad sielsetwee to to be ebselbed. The us
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sad a jam of alms ea ftsa oh its body,
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