The Express.
London, England, 1861-11-09 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 9, 1861.

person killed by the injury would have had if he had
lived. The natural construction is that the person
who brings the action after his death is to occupy
precisely the same position which the deceased man
would have occupied, and is to be entitled to the
same privileges, neither more nor less. A professional
man's friends therefore would, of course, be en-
titled to recover from a railway company damages
commensurate with the leas sustained by his being
unable to continue his business. But as the same
person would not himself be entitled to any da-
mage in respect to any portion of his realized
property, such as land or stock, it should seem
that the same rule ought to be applied even if
the injury resulted in death. In short, for the
loss of property, or of the source from which pro-
perty springs, compensation is justly due ; but,
for a change of circumstances occasioned, not by
the destruction, but by the redistribution of
misting property, no compensation ought to be
allowed. In the former case loss is inevitable
to the family or friends of the person killed ;
in the latter case the loss is not inevitable, be-
cause the property remains, and a different distri-
bution of the property would have prevented it.
The law against public companies is surely by
so means lenient. Besides the liability to • cri-
minal indictment, which may result in • conviction
of murder against some official, they are made to
insure the life of every passenger who chooses to
present 'himself. If they are compelled to carry
horses and valuables, their liability is at least re-
stricted to • certain sum, unless extra payment is
made. But if the Lose CHANCELLOR or the
Marguis of Winning:az& were to insist upon
travelling in an excursion train, where the danger
must of necessity be greater, there is no power in
the railway company to refuse so inconvenient a
passenger. This is neither just nor even con.
sistent. But if the case of the late Mr. Pint is to
be maintained, shareholders in railways must be
prepared to place the widows and younger children
of country gentlemen in the same position which
they occupied during the lifetime of their husbands
or fathers who have chosen to leave the whole of
their property to their eldest sons.

Romney, Western Virginia, and captured three
cannons, together with the camp equipage of the
enemy.

General Fremont reports to the War Department
that his body guard charged 2,000 Confederates
in their camp at Springfield, and drove them
from the town, where they hoisted the Federal
flag and then retired on their reinforcements.
The commander of the body guard reports that he
had only 150 men engaged. General Fremont's
advanced guard was approaching Springfield.
The New York journals assert that Garibaldi
has written a letter to the American consul at
Antwerp, in which he regrets his inability to
proceed to America at present, but doubts
not that the Union cause will shortly
triumph. Should the war continue Garibaldi will
overcome all obstacles to his departure, and will
hasten to America for the defence of a people who
are dear to him.

Tho City of Baltimore hea arrived out.
LATEST BY TELEGRAPH TO HALIFAX.

NEW YORK, Ocr. 31.

In the case of the privateer Savannah, the jury
were discharged, being unable to agree upon a
verdict.

Advices from Havanna confirm the news of the
arrival there of Messrs. Mason and Midden, tho
Confederate Commissioners, and state that they
intended to leave for Europe on the Bth of
November, by the English mail steamer.
The great naval expedition sailed from Hampton
Roads on the 29th of October.

The rumour that the clerk of the commodore
had absconded with the sealed orders proves to be
unfounded.

General Henderson has capitulated, with 400
rebels, in Missouri, ou condition of their laying
down their arms.

According to the latest accounts from Kentucky,
the Federal' were gaining ground.