The Press. — London, England, 1857-05-30 00:00:00

MAY 30, 1857. to that observed at Westminster; in the Company's it resembles more the form ob served by an English country magistrate when disposing of a case at home. The Queen's courts have exclusive jurisdiction at the Presidencies, and over all persons living in the Mofussil, or interior, of European birth or descent ; the Company's courts have exclusive jurisdiction over all persons living in the Mofussil except those belonging to this latter class. Now, of these two kinds of courts, the Queen's courts have always given the greatest satisfitetion, owing to the learning and ability with which they administer the law. In regard to the Company's courts, the case is precisely the reverse, for both the ignorance and the partiality exhibited by them have long been the subject of remark. Under these circum stances it must be clear that the proper mode of dealing with the question of Judicial Reform in India would have been to confine the re form to the courts that needed it (the Com pany's), leaving the others that needed it not (the Queen's) alone. Quieta non movere was the favourite maxim of WALPOLE, and it was exactly the maxim to be guided by in a case like this. All that was required was to make such reforms in the Company's courts as would bring them more into harmony with British institutior.s, and with the require• meats of the aga Vacancies on the Bench, caused by the death or retirement of the pre sent non-professional judges, should have been filled up by professional judges selected from the local Supreme Court Bar. The regula tions of Government, which formed their corpus juris, might have been repealed or nwilified,: where obsolete, unintelligible, or inconsistent with the present state of the English law. More of the regular forms of judicial proceedings might have been gradually imported into the Mofussil courts, and thus at no distant period the Bench, the law, and the mode of procedure there, would have been brought into harmony with the courts of the Queen. The reform would have been gradual, but it would have been progressive and sound. The direction taken would undoubtedly have been the tight one, and the N%hole change would eventually have been completed without the slightest disturbance of existing interests, or agitation of the public mind. The course, however, that has been adopted by the Government is precisely the reverse of this. It can see no way apparently to the reform of the Company's courts but by pulling both them ar.d the Queen's courts down, and creating a new kind of hybrid court out of the ruins of both. Nor is this all ; for, not only are the separate edifices to be destroyed, but the old English law and Company's regulations are to be swept away with them. The law substituted for these is a code after the Bentham fashion, It hich aims at wonderful simplicity, but succeeds only in making the law on every topic it embraces about ten times as obscure and doubtful as it was before. The result is, that the several Presidency populations, and more especially the European portion of them, are in a ferment to which nothing but the condi tion of the American colonies on the passing of the Stamp Act can compare. Public meet ings are held, the must violent language is applied to the Government, and in this school of agitation the natives are taught the lesson of resistance to the ruling race. Some speakers openly declare their determination to abandon India as a domicile degrading to an Englishman if the law be passed ; while others make direct allusion to what was done in England under the STUARTS, and tell their hearers that there are other ways besides talking for defending their rights. In fact, the proposition has thrown a quiet. people, a loyal people, and a wealthy people, into a fever that for the time has made them mad Now, the question for the Government to consider is whether it be worth while to increase this frenzy by persisting with a measure it can never possibly enforce? In the face of the disaffection exhibited by our Sepoy soldiery and by the natives at large, is it wise thus to alienate men of our own blood and kindred, the people alone in all India on whom we could otherwise in the hour of need rely? India fell an easy prey to us, owing to the dis- THE PRESS. sensions among its native people ; do not let us loose it by a similar folly. Better that the courts of India were left unreformed for ever, than that an agi:ation should continue so violent and rancorous, and we may add so dan gerous, as this. If the Government is wise, it will at once yield to the expressions of public opinion in India which it has evoked, and abandon with a good grace a plan which it will be impossible to carry out. It will thus restore that peace and confidence which have been for the moment imperilled, and put an end to a state of things which those who really know India must view with the deepest anxiety and alarm. LORD PALMERSTON AND THE ARMY ESTIMATES. MIDDLE-AGED men about town declare that they feel quite young again as they see the names of GRIST and Maato in the hills of the Opera ; and old Parliamentary stagers got a juvenile sensation last Monday as they saw and heard Viscount PALMERSTON moving the Army Estimates with even more levity than the gay Viscount could have ventured to exhibit in 1809 In that year, after only three weeks' experience of the post, " clever Henry John " would, we dare to say, have ventured in doing that from which Sir JOHN RAMSDEN seems to have modestly retired. Our previous remarks on the new Under- Secretary, that his present post is not that in which his special qualities would be best utilised for the public advantage, seem to be confirmed. Judging by previous instances, we should not have been surprised if Sir .JouN RAMSDEN, even on a short notice, had under taken the duty ; and on the whole we should rather have seen the Hon. Baronet attempt it. In the latter part of the evening the new Secretary spoke well, and to the purpose. The Premier's speech was highly charac teristic. The gay Viscount alluded to " his honourable friend " the Member for Lambeth. Nobody in either House has such a gift for extemporising " honourable friends " as Lord PALMERSTON. He is perfectly lavish of his Parliamentary " friendship," though the best bred political chiefs are more chary in this respect. Calling a person on a very slight acquaintance " a friend " is a Hibernianism ; and the Irish boast that Lord PALMERSTON is an Irishman, and call Sir JAMES GRAHAM to testify to the point. We always thought that Lord PALMERSTON was an Englishman, but at times his Lordship shows some strong Irish qualities. His playfulness and his pugnacity are blended together in a truly Hibernian style. The Noble Viscount's statement on Monday was clear, but commonplace. Like an old debater, the Prime Minister avoided commit ting himself; but we should like to have seen the positive evils in our military system treated with a bolder tone. The statement was pitched, from first to last, in the key of a vivacious red-tapist. The deeply important considerations arising from the state of the Army Medical Department were not touched upon at all, and Mr. STAFFORD was right in saying that. it was no answer to his complaint " that a commission had been appointed on the subject,' which is much like telling an exhaueted litigant "togo to Chancery." All the remarks which fell from Mr. STAFFORD on this subject were worthy of attention, and we hope that Government will attend more closely to the systematic organisation of the medical staff of the army. The fortification of our great naval ports wasthe most important part of Lord PALMERS TON'S speech. We concur with the propriety of our great naval arsenals being fortified. We should not leave such places as Ports mouth, Plymouth, Devon, Sheerness, and Pembroke open to the assaults of an enemy either by the land or the sea side. The tem porary possession ty a foe of one of those places might be of serious importance: and though some persons may think such precau tions useless, it is best to be on the safe aide. But discussions on such subjects arc not con ducive to the public welfare, and the House 523 of Commons appeared to agree with what fell from Lord PALMERSTON on these grave points. The practical education of our military officers, and the advantages of the camp sys tem, were subjects treated cursorily by the Premier. His remark was true enough, " that " you might as well expect a man to learn to " swim by stretching himself on a mahogany " table as to learn military evolutions by read " ing books in his arm-chair." We may, how ever, be overrating the advantages of a camp system. As yet only partial advantages have been manifested by it. Ou this, as on other military subjects, we see that it is almost hopeless for us to rival the completely scien tific training which can be given in the vast continental armies. We have made, however, a step in the right direction, and, like other improvements, " Military Reform " cannot be achieved in a day. General attention must be concentrated on it, and the great principles on which it should be conducted must be kept before the public mind. Some pahs of our military system require a more generous outlay ; but it is not likely, nor is it even desirable, that the House of Com mons should sanction further expenditure until the extravagance of the Civil Service he reformed. The nation has ample means which are now wasted, and those who wish to pro mote " Military Reform " will do well to enforce the necessity of retrenchment in the Civil Service. In an econoinied point of view, the two questions are closely connected together. CONIMERCIAL FRAUDS. THE Attorney-General has produced his pro mised scheme for the punishment of com mercial frauds. Sir RICHARD BETHELL, as everybody knows, has attained high eminence in the practice of his profession ; and he is ambitious of acquiring the additional dis tinction of a law reformer. Now, it cannot be said that for :the latter vocation he has hitherto shown any degree of aptitude. To improve the system of legal education has long been a favourite crotchet of Sir RICHARD BETHELL'S ; and he has probably deluded himself, and even a portion of the public, into the belief that the distribution of a few paltry prizes among the students of the Inns of Court will be the means of raising up a class of philosophic jurists to refine and elevate the character of his profession. To reform the Ecclesiastical Courts, by trans ferring their entire jurisdiction to the Court of Chancery, was another of Sir RICHARD'S projects ; but the Bill which he officially introduced for the purpose fell stillborn from his bands. It was pronounced impracticable alike by his opponents and his colleagues. He ought long before this time to have brought forward a measure for establishing public prosecutors in England in accordance with the recommendation of the Committee which sat last session, and with the distinct pledge of the Government upon the subject. As a legislator, therefore, Sir RICHARD BETHELL has yet his reputation to win ; and even his friends must allow that his latest attempt gives but feeble promise of future excellence in this department. We have no hesitation indeed in saying that should the measure pass in its present shape it will not only not protect the public, but it will inevitably expose them to evils of a far more serious kind than those of which they now so loudly complain. Sir RICHARD BETHELL proposes tin the first section of his Bill to render trustees of every description criminally responsible for their acts. Who on earth, we ask, would ever under these circumstances consent to become a trustee ? Everybody now knows, either from observation or sad experience, the thankless nature of that office. Everybody knows that the law, even as at present administered, sternly refuses to a trustee the smallest remuneration for his trouble and responsibility, while it rendeis him liable to his last shilling for any lo , s incurred through his instrumentality. Who, we ask, will be bold enough to undertake the office when to these hard conditions we