The Express.
London, England, 1859-07-07 00:00:00

LONDON. fIIU3ZDAY, JULY 7.

Tits last act of the gnat Su isrus class las jest
eland by a vorchet is favour of Lord CHILI/61'01W
bit a goodies of law as to the legal liability of
essasol has mill to be discassell at Westagasisr. It
is seldom {steed that sightseers is the Loadsassap

sea have the chance of beholding ehaisseellsre,
Judges in Ordinary. sad es en thief Jostler, in their
sebee put apes their defence is a witsawbox. It
is as rare for as aspiring lawyer to have so excellent
as apportusity of distiagelshiag himself as the
essasel of Mr*. Se tarts hid on Tuesday. The
ewe of that lady. w►ew hose is already Swam Is
•n the ►oa►s,' would have made the repitatios of
suay uses. l'afoennately it ►as oely farniebed
casclue.ve proof that intemperance of language and
essalact may aratialies the highest ability.
Bat although the important legal questions raised
by this action against Lord CHILLM•FOID might cer-
tainly have bees discussed mach man calmly, and
more effectively, it is impossible to regret that they
have Men brought before a court of justice. Hence.
forth, ender', whatever may be the opinion ea to the
pecuniary liabilities eta counsel to his client, it will
be impossible for any counsel to set as Lord ClitLX..
rola acted towards Mrs. Swint VI. I. alit the au-
thority of the client has been granted, no gentleman
at the Blf will now venture to enter into a compro-
mise°, to abandon a case. It is now thoroughly
understood that clients by retalning counsel do not
at the same time ►urrender all their rights and all
their discretion. Howeter absurd or perverse a
client may be, it is now conclusively settled that the
authority of counsel does not (stead to ignoring the
client's wishes and binding him to stipulations
against his will. On the other hand, the CHIEF
BtRI,N is probably right in his opinion that so long
as a counsel acts to the best of his judgment and
without any corrupt motive, no action will lie
against him. It is now clear law that a
compromise entered into against a client's will
does not bind him; but it will probably be
at the same time held that such an act is not ac.
notable, and that no damages can be recovered from
the counsel who has attempted to exceed his autho-
rity. Nor, indeed, seeing the peculiar pontioa of
a barrister towards his client, does it appear how
it should be otherwise.

There meme little doubt that Lord CatiNettiati
in rocking the arrangement which he did, acted with
the beet iatentione, and probably adopted the mast
advisable coarse. 'I he other counsel supported
him in hie opinion that Ire. Syrtis:l would

be defeated, and the Lou, CHIEF JUSTICE,
who was engaged on the other side, ooncurred.
It would be idle, therefore, to lead any countenance
to the very improbable and somewhat indecent
allegation that engagements elsewhere had anything
to do with Lord CIIELMSFORD'S anxiety for a settle-
ment. Bat at the setae time it is abundantly clear
that Lord CHELM+FORD was thoroughly aware of
Mrs. Swist►an's refusal to compromise the mute,
and It is equally clear that in acting contrary to her
wishes and arreagiog the matter his Lordship acted
in a manner in which only the irresponsible chiefs of
the Bar would venture to act. Indeed there
can be no doubt that until this ease of Mrs.
Ges liti EN the great leaders were too much
in the habit of adopting an arbitrary tone of dictation
which was becoming intolerable. If Mrs. Bwixix.vt
had done nothing else by her persietesee than cheek
this disposition, she would have demurred well of the
unfortunate class involved in law suits. Nor is there
any doubt that of late 'compel are mach less disposed
to carry arrangements with a high hand than they
used to be.

Put this famous ewe of Mrs. *NINTH; has not
only taught counsel a metal Issue. it has also con-
ferred upon judges a similu benefit. Arrange-
swots and refugee:es are favourite themes of

judicial eloquence ; nor is it unusual to gad suitors
driven to adopt suggestions from the Bench which
their better judgment oppom, not only because of
the exposes which they entail, but became their re-
gatta are often unsatisfactory. Judges are but mortal,
sad every person of common sense at once under-
stands the dioadrantage of having his case tried by •
man who la hungry, tired, or out of humour. To
reject the advice of one who thinks himself entitled
to offer it, is always somewhat dangerous ; but to
reject tie while of a judge on the bench, and to
compel ►im, against hie wW, to write down evidence
and listen to aroma's, which in his opinion he
might be spared,is too perilous for an anxious litigant.
With • surly submission he generally succumbs, and
concludes the compromise or betakes himself before
the arbitrator. No one, of course, can approve of
the gram attack made by that hopelessly intemperate
advocate. Mr. Kax it Dr, upon SirCnessn ELL CRUS-
'II /Ai., in the very count of the declaration. But at
the same time it is abundantly clear that that
very learned person clearly intimated an opi-
nion as to the probable malt of the trial
which was then pending that he did this
whilst sitting on the bench, and in the course
of • private conversation between himself and Lord
Chelmsford. Nltirtoser it a abundantly clear that
the same learned person .hilt a judge of the Com-
mon P:rea sew no impropriety in discussing cases
which were actually proceeding before him, and of
expressing has opinion as to their probable mutt at
the dinner table. It is certainly painful to remark
upon the cooeduct of, a man so deservedly eminent a*
Sir C. Carmel lA_ But surely it must be highly
inconeeeinst if not indecorous for a ledge to
express any opinion as to the prospect of •
cuss before it is concluded. There can be
little doubt that in this case even load Citttmssontt
was ommelerably ind•enced in his conduct when he
ascertained the feeling of the presiding judge. And
the fact that that feeling was communicated as •
private friend amid only have impressed Lord
ettenmsronn more deeply with its sincerity. There
is so need to depreciate the immense importance of
that good understanding which happily exists in
this country between the Bench and the Bar. But
the i.e.. which is being triad ought to bee forhiddea
topic. Aid a Jody, might to refrain with the most
Knife's' ere from expressing any opinion in

favour of one aide or in favour of the other ; above
all should he refrain, during any friendly intareeares
with either counsel or suitor, tree Indolent In usy
such iodiorret ion.

Cbt Court.

The Glenn held a Privy Cassell at flackiegham
Palate yesterday Bluenooe. It v elteaded by the Prince
Conant; Berl Granville, Lord President; Lord Campbell,
the Lord Chancellor ; the Detail Argyll, Lord Privy Real;
Vieseent Palmerston, First Lord cd the Treasury; Lord
John Reeat, ffocooiary of State Use Foreign Lain; the
Lilt Hon. Sidney Ile:bat, Secretory of State for Woe ;
the Duke of Newmatle, &votary of Suite for the Coked.. ;
Sir Charles Wood, Secretary of State for India; the Duke of
illentereet, First Lord al the Admiralty; the Earl of RION
Porneester-Gessral ; Vieroant Sydcay, Lord Chamberlain;
and the Marquis of Allesbery, Master of the Horse.
The Right Hoe. T. Milner Gibson was declared by the
Qom la Coated President of the Board of Teed.

Berl droheer, Groom of the Stole to the Priem Caw/;
the But of Dec!., Coptaia of the Yeomen of th• Gwd
Sir Willem Bela, Lord Chief Justice of the Court of Com-
mon Phu; Vieroest Hwy, Truett:et of the Hottethold ;
Lord ruby. Comptroller of the Hourobold ; sad Sit JAM,.
Wahllll Colule. by amused of the Quin, were rerora of
her llejereje meet heeeerettle Privy Cowbell.
The Ildricatioe Cuterittee woe re-sppnisted.
The Hoe. William fletkarst wee the Clerk of the Connell
is melees.

Earl Cfrsavilie, Viscount Pahnentos, the Due of New•
meth and the Led Hun. &Amy Nrrtart bad audiences of
the Qom.

Majarty ettrodiod by Vi. Nagai eartlrroaw, Vice-
Cibori.kis , Lord Casey, Lord ia Waiting ; sad Livat.-
Geasal Berkaley Draamaad, Groom is Wsitiag.

The Kinn et the laeleiene, the Ptlace Contort, and the
Count et Tirane viailed the Royal Botaalcal Gardena, Re-
gesee.part, yereerdey .ii 4.

Tr lama. *waded by Hoe. Mary Bolted sad Camel
F. H. Seymour, Tilted Ike Duchies of Sutherland is
the allegros, at Seagad-bovae.

The Priam Consort ssil tbs Count of Flanders rode on
bombed', snarled by dr Etrairrise is Waking.
The Clams. hod • dinars party is the evening. The coat-
peaty iscludef the Klan of ths Helens, the Prises of
Wales, We ['naves Alias. sad the Coast of Flaratere, the
Prussian Minister, the Marquis sad Marchioness of Salis-
bury. the Eul aad Canter Delaware, the Esrl sad Coun-
ties Spencer, Vt., mat sad Viscountess Sydasy, Lord and
Lady Wodrhonme, Right Has. Sir Chad.. sad Ledy )buy
Wood, Right Hos. Hairy Fitzroy, Cotosel B,r Jots
Douglas 09th Illblaanws), Colossi the Hos. H. Bruro,
(\Joist Count de Moirlurrie, Dr. 'Coop], sad Major
Banal

Ths bead of the Royal Horse Guards Masada 1 during
disuse.

The Conan... of Wooden hae esotieled Viecontitee,
Jocelyn as the Ltd, in Waiting to the Qom.

A Cabinet Council was held yesterday at the
official residence of the First Lord of the Trea-
sury in Dawning-street. The miniver, present
were Viscount Palmerston, the Lord Chan-
cellor, Earl Granville, the Date of Argyll, Sir O.
C. Lewis, Lord John Russell, the Right Hon.
Sidney Herbert, the Duke of Newcastle, Sir C.
Wood, the Chancellor of the Exchequer, Sir George
Grey, the Duke of Somerset, the Earl of Elgin, the
Right Hon. T. Milner Gibson, and the Right Hon.
C. I'. Villiers.

A deputation roneisting of the Bail of Shaftesbury Lord
ur Caltherpe, Lord A. Chrabla, M.P., Hot. A. F. Kmuaird,
l'., Sir FL Varney, Y.P.14. Bagley, M.P., Sir Morton
Pero, M.P., Mr. City*, M.P.M, Mr. Arthur Mille, M.P.,
Mr. Bum,. M.P., Kr. I. Ball, M.P., Mr. Dan-
te% M.P., Mr. Honda, M.P., Mr. Black, M.P., Mr.
Westlead, Si.?., Mr. Roam, M.P., Mr. Kershaw, M.P.,
Mr. Joha Bowery, President of the Wesleyan Conference ;
Mr. attest Dowldate. late Pry mier of New South Wales;
Mr. Gee. llaeleery, Mr. Robert Towns, Mr. J. R. Fits-
' Feral!, from New Zealand; lter. Dr. Hook, Rev. Imo.
Pratt, Rey. Geo. Debora, Re.. Wm. Arthur, Mr. R.
Kingscote, Mr. Jeri. Mecdouald, Bev. F. A. West, Mr. W.
htecurthur, Re.. J. Looms, Bor. W. B. Boyle. Mr. 0. C.
Errol, M.P. Cuptein J. L. Stokes, R.N., Sir Andrew
Agnew, Bart., M.P., Kr. Aripiral Turner, M.P., Mr
Frame Verney, Bart., Captain Nollotb, RN., sad RMS..
Admiral Tr Ater, had an interview with Lord Palmerston
yesterday. A deputation from the Cotton Supply Almada-
tires. consisting of Mr. Hugh Marro, Mayor of Ashton-
eader-Lyne ; Mr. Thos. Mosley. Manchester; Mr. William
Wanklyn, Bury ; and Mr. 0. IL Haywood, twittery of the
11.110Cidi012, sceimpatied the deputation to W lordship on
the eubjett of the serspiene• of the Feriae bawds.
A deputation on the 'tabled of sowing the soveretrtty
of the Feejee Islands had at inrerview with Lord Jobs
Rowell, at the Foreign-oface, yesterday.
The Judicial C.earnitut of the Privy Connell set yester•
day. As appeal from Canada, "Mote v. Montt" (part
heard), was remained.
. .

iiiiiialtiti;atrerentelervl at the Colonial-aka, pet( relay,
bon lb Governor ot Yalta.

DEPARTURE OF THE KING OF THE BELGIANS.—
(Tins DAN.)—TRIA morning lisje•ty the King of the
Baleen' sad the Coast of Flaadere took leave of her
Illataiy, sad awe tearelling by spesial train to Tuobrtdge,
to visit the Countess of Nattily, prorated to Dover, en
rook to Brussels.

DIFARTCRES FOR OSMORNE.—This moroing the
younger branches of the royal family left Buckingham Pa-
lace, and travelled by special train to Portsmouth, where
they mobarked rn board the Royal Fairy steam-boat for
Ority me Hoare. I.le of Wight.

Their Royal Highnesses the Duke of Cambridge,
the Duihme of Cunt:gide, and the Prisms Muy, and Mao
Horedgary Grand Dscheis of bleeklenbarsh-Streli.g, at-
tended by Let) Geraldles Somerset and Major Howe Puttee,
honoured the Bola's& Mialeter end Madame Van do Weyer
w.th their company at dinner hat strains.. The f Howie(
patty vas invited to meet their royal hietneeres —TG
Prime and Ninon. do Chit my and the Countsea dis Cas-
son Matey, the Earl and Countess of Derby sad Lady
Emma Stanley, tbo Earl of Malroosbary, bM Emelloasy
Baron Bestinck, Mr. &groom Fttegerald, Mr. Boar, sad
Mr. Betas Von do Weyer.

The Duke of Hamilton has left town for Paris,
afier passing • few days In the Frisch capital, his pees
departs to joie stss deebees arid family at Baden-Bade.,
The Ihike and Duchess of Manchester received •
dlitiegeisbed party at dieser on 1 ers4ay erasing et tisk
asissio• ie Staattops-street, May-fair.

The Marquis of Lansdowne held an assembly last
.wain; at Lasidowes Bows. Upwards of 600 morobers
of Ms fishiosatoht world respnided to his lordship's le-
vitation..

The Marquis and Marchioness of Clanricarde will
leave tows ou tlaa 20,6 lost., In Portamna Cwl•, !Maw!.
The Earl and Countess of Cork will leave town in
a Saw day. far Mantas Houma, Somersetaldre,
The Earl and Countess of Duaraven hare left
lowa iise their last is balsa&

Lady Marian Alford gives a grand fete at Ash-
ridge Perk on Saturday seat to eeletrate the nuptials of
the Marquis of Northampton. Their Royal flialicemes the
Hereditary Grand Dection of Mialilesburg.Strelitz sad
dr Princess Mary of Canard's are t, bosom bar ladyship
with their sompsay, sad about 600 members of this afire-
ansay sts invited to tbs Idte.

The Right Hoe. E. Cardwell and Mr,. Cardwell
arrived at Kings,lowa ea Boesky morning, and preotobed
to Charle.W.e, ear lealtherry, the seat of Lord Week, ea
a visit. On Tuesday the right his. geodes's* was swore
before the Lord. Justices and the Privy Council es a mem-
ber of the board. The Lord Chemlior sad General Lord
Beam an the Leah Juana to ect es chief governors of
Inlaid MK the althea of Lard Carlisle
[Advertiseastat.]-lAdy Louisa Doaglee Pennant's
party Ise this sambas is seavoldably postponed.
ARRIVAL or TIM EARL AND COUNTEnn OE Ei; LIN-
Din AT Kttwthente.—Tbe eeriest town of Kilw.naing
was hint sight (Tasediy) the sane of unusual altillia.loll
and rejoicing, oa the eieeselea of the snivel from Ireland of
the Karl sad Cowden of Eglinton. The Menne in which
his lordship ie generally held, su.eci.lly in Ayrshire, in well
knows, and in es quarter of the county to the feeling more
ardent thee la Kilwieeng. Whoa they reached Kil.ill•
aloe at half-past 8, obccompenied by Lord Dunk., the
chewing of the assembled spectators was met enthusiastic,
and ovoidal it the party drove Mt; paring through the town
at a stow pees to Entine** Ceatis—Anda Ile dish Nail.
The Select Committees to try the petition against
the theories. he nableirtoe, Bennek-apoa-Tovel. Notc-
hed sae Walietield will be chaste asst Thweaday week, awl
In the um of Huddersfield, Ohmmeter, Dartmouth and
41) Isobar, oe the kdowtog day—the lid,

THE WAR IN ITALY.