The Express. — 1861-11-09 (London, England)

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 entitled 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 damage 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 property 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, because the property remains, and a different distribution of the property would have prevented it. The law against public companies is surely by so means lenient. Besides the liability to • criminal 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 restricted 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.