The Express.
London, England, 1868-02-14 00:00:00

TILE EXPR

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HAYMARKET.
TRW EvVONO, THE BROKEN-HEARTED CLUB.—A WIFE
WELL WoN. News. Pothero, Buckstone, 114 we, Kendal.
Rogers. Braid. Weathent•y, he and 2.11.15 Rohert•on —After
which AN VITER YILE-YERSION Olf THE URIOAM.P.

PRINCESS'S.
!RD EVIWMO, TEI OCIDROON. Mr. and Mtn. Dion Road-
Wool% Sh...J. 8 auto, Mr. 111-111 u, & MU, Aharno —otter which
&IMAM NA MOD& Mr. and Mrs. D Work:atilt, Mr
Addle.
Mown. Murrill, Neva* &Shore , Min Bassett and Bn. Addle.

STBAND.
utter
ErEFtia, OLD SALT. Yr. Emery and Itlea Nelly Moore.
--atter which THE CALIPH OF BAG AD. Mews. Thome
and Janie,; Madams Ada B.aaboruagb, Johnstone, Harland,
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Tan Emus°, UPSIDE DOWN.—DON QUIXOTE. Mrs. S.
Lam, & pistol Edwin and Booth Pantotahatits Means. Deane,
Louie, Newham, and Yictorelll : Mdlis. it Rept= and galas Eons
Nathaa.^To conclude with IDE MAMIE FLOWER.

MOH WATER AT LONDON BILIDOL
DA —Morning. 6b nra......Afterisoon, 6h. Ø.
(o•SOLlOlF—Molhhht. db. Wm..— ..Aillemaa, ih. 17iii.

LONDON, FRIDAY, FEBRUARY 14.

TUE JUDGES AND THE CONSTITUTION.

WHEN a Conservative Government introduces
democracy, it is not very wonderful to find her
MAJESTY'S Judges improving upon republican insti-
tutions. Emulous of the recent instances which have
drawn attention to the jurisdiction of the Supreme
Court of the United States in deciding whether
acts of Congress fall within the letter of the
Constitution, the English bench has taken upon
itself to lecture Parliament on the limit of its
prerogatives. This is, indeed, a very material
advance upon the Transatlantic system. The
American Judges are content to wait till the

laws come before them in the due course

of practice, and do not presume to dictate to the
Legislature beforehand what it may or may not
enact. But the English Judges have, through
the mouth of their Chief, informed the
Government that a measure which a select
committee of the Commons has recommended,
and which the rceponsiblc Ministers of the Crown
bare undertaken to introduce, would be c( utrary to
the Constitution, an -1 that its administration would
bo repugnant to their °Atha This is certainly the
most curious example that has yet been aironled to
the world of the limits of individual independence

in a free country. It is hardly necessary
to remark that it in truth derives no
countenance from the principles which regulate
the interpretation of the Constitution of the I
United States by its Sepreme Court. That Consti-
tution is a compact, it is a treaty between States, '
which, but for it, were independent of each '
other, inal which in surrendering a part of their
original powers to the central body, stipulated '
certain conditions. and created the Supreme Court •
to judge of questions affecting the observance
of these conditions. lint the Queen, Lords, •
and Commons of England are nut the
creation of contract betwe:m co-equal powers.
They are the embodiment of English life, the
depolitory of English p iwer, the expression of
Englieli will. That the whelo nation should be
lectured by the :edges as to how it ought to
nuance its own Mla 1... and 100 told that if it
adopts a certeiu system of internal administration
rather than another it will compel these august
persennges to vi3Oate their consciences and break
the oaths which are taken to the nation
itself, is certainly a most remarkable and
imprecedented development of judicial autho-
rity. The T..., . recalls how the conscience
of Centres: the Third was in like manner an
obiltaide tri the granting of Catholic Emancipation.
But GEOrt-E the Third had at least the plea that
be was required to give nn active assent to s
proposal which without that concurrence could
not become law. The Judges would forbid
the State from enacting a law which they
have nothing to do with but to administer
on the grolind that in their opinion it
would be contrary ti the spirit of the Conatitir
tiun. Carrying this doctrine to its legitimate
conclusions would prohi:iit any constitutional im-
provement whatsoever. for the Judges are of no
higher acceunt in the legislative departments of the
State than any other class of men, and there can
be no reform suggested in any quarter which will
nut find some class of men ready to declare it =-
constitutional, and au utisenee to their conscientious
convictions.

But the practical absurdity does not end here.
It is so ridiculous to supp. AO that the Legislature
cannot enable the House of Commons to delegate
its judicial functions, in whole or in part, to out
riders, that the government merely proposes, while
accepting the remonstrances of the bench, to creates
new bench which will be paid 2,600'. a year a beach°
do the work without remonstrances. All that the
constitional difficulty has led to has, therefore, been
the imposing the work upon outsiders who are
worth 2,000/. a year instead of upon outsiders
who are worth 6,0001. It is certain that neither
the dignity of the Commons is saved by the
change, nor is the prospect of the successful ad-
ministration of the law improved. The inferior
tribunal will merely he composed of iiikrier, and
probably younger men—of men who are less re-
moved from the passions of politics. and who have
more to hope for from the favour of party leaders.
We will not, indeed, take upon ourselves
to say that the experiment, tried, under
the most favourable auspices, would have been
succesafuL tt would have been an experiment.
But we have already had full experience of the
existing method, subject to all the amend-
ments of which it seems capable. The result is
confessedly unsatisfactory, and there is no
ground for hoping that the elements of
costliness, collusion, and fraud which it encourages
can be abated by any mere improvement. It
would be reasonable to try a fundamental change
of system, and to throw upon the judicial body
which at present tries those who are charged with
the crimes of accepting or giving bribes, the task
of determining whether an election has been made
void by the existence of such facts. If the addi-
tional labour thus imposed on the Judges had
proved too great, Parliament would, as matter of
course, have sanctioned the necessary addition
to the judicial strength. But having de-
cided upon the principle of this experiment, we
must agree with the obvious feeling of the majo-
rity of the House of Commons, that it must not
be marred in practice by its execution being com-
mitted to any tribunals leas august and less known
than those which are composed of members of the
supreme courts of law.

THE COMPOUND HOUSEHOLDER AN
THE LANDLORD.

Tax irrepressible compound householder is to
be again brought before the House next week.
Mr. Guam= Hotwianisos has, it appears, only

scotched the snake, and the time of Parliament is
to be once more absorbed in the prows' of killing
it. Mr. El AM! urott is to ask the Go vernment whether
poor tenants are to be relieved from the intolerable
annoyance to which they are now subjected ; or
if the distress occasioned by the recent alteration
in the law is to remain nnalleviated. One
immediate result of amending the repro-
'imitation of the people has been to put
money into the pockets of the owners
of the worst clan of house property ; and to still
further grind down the miserably poor. Rents
have been systematically raised in the low
neighbourhoods of London, and the poorer the
" let " the greater the injustice. Cases are
numerous of rooms hitherto let at eighteen-pence a
week now charged one shilling and ninepence ;
and people who are themselves burdening the
rates are indirectly called upon to pay what they
have been accustomed to regard as the land-
lord's tax. Nor is this hardship confined
to large cities. In the coal districts of England
and Wales pitmen are being summoned as de-
faulters who have hitherto regarded tax-paying
as their masters' privilege and who can-
not be made to comprehend why they
should be called upon now. It cannot
however, be too widely known that all landlords
or others may pay rates for tenants, dependents,
or the poor people on an estate, as the following
extract from a recent circular of the Poor Law
Board clearly shows :
" As heretofore the payment of the Poor-rate
" need not have been made by the person assessed
" himself, but the payment by an authorised agent
" acting for him would have been sufficient ; so,
" notwithstanding the provisions of the Itepresen-
" tenon of the People Act, 1867, the rate may le
" paid by any other person, on behalf of the per-
" son rated, if duly authorised by such last
" mentioned person to make the payment."
The foregoing shows that all the eloquent talk
of last session as to personal payment of rates
went for nothing, and that employers and
landlords may be the constituted agents
of those to whom they pay wages, or
from whom they receive rent. There are many
circumstances under which this task will be cheer-
fully and even usefully undertaken. But where
the new burden presses most heavily is where it
can be supported least, and the average landlord
of poor house property makes the abolition of
compounding a plea for raising the price of his
rooms.

YESTERDAY the Convocation of the University
of Oxford made a grant of bouks of the value of
150/. to the University of tho Southern States of
America. By the narrow majority of 63 to GO, a
proposal to make a grant of 350/. in moneytowards
restoring the buildings of the same university
was rejected. The opposition seemed, we are
told, to rod partly on financial objections and
partly on financial grounds, partly on the fear
that such a vote would be taken in America
as an expression of sympathy with the
South. We may assume, since the two motives
are mentioned, that had the financial difficulty
nat existed, the expression of sympathy
would have taken the form of cash as well as
of literature. No one who meals the antecedents
of Oxford during the period of the contest will be
surprised that the sentiment which was then so
strongly marked should still exist. And, per-
haps, none who remember how deep into the
dynasty of the C EOROIS' Oxford continued to be the
Jacobite University will wonder at its faithfulness
to a cause which, three years ago, its political
advocates in this country abandoned as hopeless,
and therefore as reprobate. Still, admirable as
is constancy to defeat, and excellent as is the
principle of inter-academical courtesies, it might
be wished that the representatives of English edu-
cation would forbear to make conspicuous their
sympathies with domestic rebellion, and their re-
grets for the misfortunes that fell upon the Alma
Makr of the defenders of slavery.

Arum the shower of statements and counter-
statements which fells each day into the columns
of the Continental press respecting the situation
of affairs in Bulgaria and Servia it is difficult to
see one's way to the truth. It is positively
announced by the " officious" journals of
Paris that armed bands are collecting
in and around Turkey, and that the chiefs are
only awaiting the 'nut d'ordre from Russia. It
gives an air of probability to this representation
that France, England, and Austria are said to have
addressed communications to the Governments of
the Principalities and of Servia on the subject of
these armaments. It only adds to the mystery
that the government of Berlin is reported to have
joined with the Western Powers and with Austria
in making these communications, whilst from St.
Petersburg it is positively denied that Prussia
has taken any such step. A word from Count
Bismarck would clear up this diversity of statement;
but the Prussian minis-ter has retired, Wm Achilles
to his camp. It is surmised that this retirement,
or retreat, or resignation—for it has been called
by these three names—is not unconnected with
the state of affairs in the east of Europe, Count
Bismarck being disposed to place Prussia on the
side of the Western Powers, whilst the King and
Court party incline towards an alliance with
Russia. It is quite as probable that
this is the cause of Count Bismarck's rustication
as the announcement that he is in dudgeon at the
conduct of the Conservative party. It was ex-
pected in Paris that the Constitntionnelwould come
out with an article showing up the manceuvres and
plots of Russia ; instead of that we find one
in the Po t,i,.,which tells us, in all but official lan-
guage, that the train of powder which was to
create a blaze along the line of the Danube from
Belgrade to Constantinople was laid indeed, but
that the match which was to explode it was
thrown aside at the very moment it was
to be made use of. Language like this I
only makes the mystery the greater. It cannot
be to the advantage of French commerce or of the
the general peace that statements of this kind
should be made day after day by journals which
are known to receive their inspiration from official 1
quarters. The delusion, if it be one, must soon come
to an end. Meanwhile the reports from the East I
leave little doubt as to the fact that preparations
are going on, and even the names of the chiefs who
are to take part in the insurrection are given. It,
is not, to say the least, courteous to Russia
that she should be called in a semi-official journal
of Paris "the eternal enemy of Turkey," and
be accused of undermining the strength of that
enemy by encouraging domestic insurrection as a
preparation to attacking her more undisguisedly in
I front, unless something which the world at large
does not know is kept in the background.
ID

THE Pato' OF A DISPZNAATION. —A letter from
Remo, in the Comae ddle Merck, states that the Nun to
be paid for the diepeneetiet !eked from the Pope on the
occasion of the marriap of Prince Humbert with his engin
the Princes. biartuarits, will be COWL

IRELAND IN THE

lIISE OF

IBIMONq,

Lord Mane °lineal Wends, o Friday Wits
to move the following resolutions in the limn of One-
moos :—" That, in the opinion of this heirs, the cow
tinned exists's'', of the disaffection and discontent which
prevails in Ireland is not only an injury to Ireland hut •
source of embarrassment and uneasiness to the United
Kingdom, and that it is essential to the interests of the
whole kingdom that the Causes of those disaffection' and
discontent should be removed : That, In the opinion of
this bouts, this result cannot be attained unless the
government of Ireland is carried on and the laws and insti-
tutions of the country are framed in acoordance with the
wants and wishes of the Irish people themselves , that the
educational and ecclesiastical arrangements at present
maintained in Ireland ain not in accordance with the feel-
ings and wishes of the people ; that the system of land
tenure, which has grown up under the existing land laws,
is not suited to the wants and circumstances of the
country, and that it has failed in giving to the
general mass of the agricultural proprietors security
of their tenure and 1131111MICO that they will enjoy
the traits of their industry or the means of living in com-
fort and independence in their native land. That while
the grievances arising from this state of things continue
the causes of Irish discontent and disaffection must re-
main. That, while this house is sensible that the effectual
redress of these grievances may involve extensive changes
in the laws, the institutions, and the social system of Ire-
land, this house is of opinion that it is essential to the
contentment of Ireland, and the honour and welfare of the
whole United Kingdom that these changes should be
made."
On Friday, the 6th March, Sir Colman Olisghlen will
call attention to the absence of a permanent royal resi-
dence in Ireland, and move an address to her Majesty,
" humbly representing to her Majesty that it would con-
duce to the advantage of the crown and the good govern.
ment of Ireland, and tend to allay jealousy and discontent
in that country, if her Majesty had • permanent residence
in Ireland, and that this house, feeling deeply its import-
ance, will cordially co-operate with her Majesty in any
steps she may be graciously pleased to take to carry out so
desirable an object."
On Tuesday Mr. Pim will introduce a bill to amend the
law relating to the tenure and improvement of land in
Ireland.

!ARY MISCELLA.Mi.

The Government Bill for amending the laws re-
lating to election petitions, and providing more effectually
for the prevention of corrupt pr.,ctiees at parliamentary
elections stands fora second reading on the 27th.
The Church-rates Commutation Bill will be brought
forward on the llth of next month.

Mr. Maguire, next Monday, w:11 asY the Vice•Presi,lext
of the Board of Trade the:intentions of the government
with respect to the danger caused to naval and mercantile
interests by the existence of Dannt's Rock.
The compound householder comes before parliament next
week, Mr. Hamilton intending to ask the government whe-
ther it is prepared to introduce any measure which will
relieve the occupiers of small rated houses in many bo-
roughs from the diatreu caused by the abolition of the
composition of rates.
A topic which has been much discussed in the press of
late will be revived in the lower house next Monday by
the following question of Mr. Miley Potter—To ask the
Secretary of State for Foreign Affairs whether he has any
objection to give a return of the names of the persons for
whom the clerks in the Foreign-office now act as agents, or
have so acted at any time during the last five years ; of the
emoluments which such clerks have individually received
for such agency during the last five years, and the amount
received by them from each person ; and, whether there is
any truth in the statement which has appeared in the
public press that the agencies in the Foreign•office are
to be abolished.

_
Mr. Head= intends on Monday to move ,for a select
committee to consider whether any alteration can be
made in the arrangements of the house, so as to enable a
greater number of members to hear and take part in the

Proceeding'
Amongst the other business set down for Monday is Mr.
Hughes' bill for the Regulation of Sunday Trading in the
Metropolis ; a question from Mr. O'Beirne as to whether
the Chief Secretary for Ireland intends to introduce •
tenant•right measure this session ; and a motion for a
select committee on the subject of tho military reserve
funds, by Lord Hotham.
On Tuesday next Mr. Dodson will call the attention of
tho House of Commons to its private bill legislation, and
will move resolutions thereon. . . . . .

..-..-.. _
Mr. Seely, following up his inquiries into naval admi•
nistmtion, will, on Tuesday, move for a select committee
to report upon Admiralty monies and accounts.
On Thursday Mr. MacEvoy will introduce his meuure

for the repeal of the Ecclesiastical Titles Act.
On the 28th, Mr. Mulkey will move fora select coin.
mittee to inquire into the working of the Charitable
Trusts Acts, and Lord Enstaco Cecil for • royal commis-
lion to inquire into the state of military education, more
especially ►t Woolwich and Sandhurst.
Mr. fiamtielson. who has interested himself so much on '
the subject of technical education, will, on the 3rd
proximo, move for " • select committee to inquire into the
provisions for giving instruction in theoretical and applied
science to the industrial classes."
The Alabama claims and the failure of the negotiations
with the United States Government will be brought before
the house on the 6th of March by Mr. Shaw Lefevre.
On the 10th March Mr. Trevelyan moves a series of re-
solutions respecting the discontinuance of the purchase
and sale of military commissions.
Mr. Bruce's Education Bill stands for the 10th of next
month.

On the navy estimates Mr. Banbury Tracey will move
that a select committee be appointed to inquire into the
present state of the Royal Naval Reserve, and whether
any immures should be adopted to increase its efficiency.

Eftt Court.

OSBORNE, FEB. 12.

The Queen drove out, accompanied by Princess
Christian and Prince's Henrietta of Schleswlg•Holstein.
Lord Alfred Paget attended as Equerry in Waiting.
Baron Magnus (late Prussian Envoy at the Court of the
unfortunate Emperor Maximilian) had an audience of the
Queen, having been presented by Count Bernstorff.
Count Bernstorff, Lord Stanley, and Baron Magnus had
the honour of dining with the Queen and the royal family
yesterday evening.
The Queen has received good accounts of the health of
the Crown Princess and the infant prince.

Prince Leopold went out this morning in a garden
chair, and is progressing very satiaraetorily.
Lieutenant-Colonol Cavendish has arrived es Equerry in
Waiting.

Feb. 13.

The Queen drove ont, sooompssied by Princess Louie..
Baron Magnus had the honour of dining with the Queen
and the royal family yesterday evening.

The Prinoe of Wales rode out yesterday forenoon, at-
tended by Lieutenant• Colonel Koppel.
In the afternoon his hoyal highness went to the House
of Lords.

The Princess of Weir drove out, attended by the
Counter of Morton.

In the evening their royal higneases went to the Hey.
market Theatre. .

Mess.E. and E. Emanuel, of Burlington-garden% had
the honour of submitting for the inspection of the Prince
of Wales the candelabrum manufactured by them for
presentation to General Nelson from the Logic'afire
Assembly of am-k&
Despatchee were neared yesterday at the Colade.
deco from the Governor of Gibraltar. Despatches were
mat to the Governer-General of Canada.

Their Royal Highnesses the Prince and Princess
of Wales, attended by the Osnatese of Keeton and Colonel
Koppel, honoured the Haymarket Theatre WWII their
presence last evening to witness the performance al the
new onnedy, l Wife Weil Woo.
Ms °sown Pnmc or Menem The ic-
eman received from Berlin of her Royal Hlgbaus the
Crown Priam of Pravda are very good. Her royal
Winer and the bleat Flare to whore she gave birth en
Monday lest ere both doing well. Dr. Grum reisaisa la
ettundiase for a few days.—Pines.