The Press. — London, England, 1856-02-09 00:00:00

. 122 made before, but which now, perhaps, may be adopted by the authorities. We must take care, however, not to estimate the Report too highly ; and we see in Ministerial quarters an attempt made to extol the Cabinet on account of this Commission. As to the state in which the army in the Crimea was left, the Report does nothing more than echo the conclusions of the Sebastopol Committee ; hut, as may be expected from inquiries conducted on the spot, and entered upon with more experience, the conclusions are more close and definite. Thus, for example, the Report of the Commis sioners insists less on what might be called the apparent causes of the miseries of the army. With more professional precision the Commissioners fix attention on the nature of the food served out to the troops, and on this point they make suggestions which may be of great service hereafter in the campaigns of the British army. " Mesenteric" maladies—that is, diseases of the intestines—are the torments of armies. Why such should be the case, let physicians reason as they may, is not so obvious. We be. lieve that such forms of disease are more fre quent in English armies than in the forces of other countries. Accustomed to the free use of malt liquors, English troops do not soon be come habituated to less bulky stimulants, like " rum," and other substitutes for " stout." it is known that our soldiers detest soup, and it is obvious that on a march it is the kind of food which can be most readily prepared for them. The Report bears strongly on the in crease of disease consequent upon constant rations of salt meat and rum. It is thought that fresh meat and vegetables would have greatly diminished the fatal per centage of thirty-five per cent. in the bills of mortality. These suggestions. it is to be observed, are entirely independent of the consideration of the absence of the military road, for which Lord RAGLAN was so much blamed. Yet it appears that all the chief officers of divisions informed the Commissioners upon the spot that Lord RAGLAN had not enough men to spare for making the road. The same state ment, upon authentic information, was made more than once in these columns, and the lan guage of the Report corroborates our views. But still, allowing for all that can be urged upon that point, the Commissioners lay great stress on the want of wholesome and various food for the troops. They call attention to the quantity of limejuice served out to the navy, and in future we have no doubt that the army will be supplied with that valuable aid against disease. We are glad, also, to see it insisted upon that the care of finding proper food for the troops should be intrusted to a special officer of the army, who might communicate with the Commissariat, the medical staff, and the purveyors. • The Report naturally avoids the grave ques tion, How far the character of the Coalition Cabinet made things worse? Common sense shows at once that in such a Ministry there must necessarily be. as there actually was, a division of interest. The Whigs were jealous of the Pcelites, and to the latter was left unaided the conduct of the war. The " heads" of the War-office had not the experience requisite ; Lord HARDINGE was not a member of the Cabinet ; and, as Mr. DISRAELT said at the time in Parliament, there was no military mind in the Ministry. The evils resulting from these circumstances have been often insisted upon, and cannot new be controverted. In presence of the horrible state of the army, now admitted by this Military Commis sion, we may be well excused from adjudicat ing upon the particular blame, or the amount of it, to be laid to the charge of certain secon dary officers. More caution than many sup pose is required on that subject. But we observe with pleasure that the Commission testifies to the unfaltering morale of the whole army, which was sustained in a marvellous way, and which redounds to the honour of the whole troops. Never was an army, officers and men, so terribly tried, and never was more moral fortitude displayed. The Commission remark upon the absence of crime, and this fact, all things considered, is extraordinary. On the whole, we think it evident that the Cabinet of the Coalition is convicted more THE PRESS. strongly than before of that " leap in the dark " which resulted from a singular mixture of vacillation at first, and, temerity afterwards. LIFE PEERAGES. THE independence of the House of Lords is se cured for the present. Seldom has any Govern ment sustained a more decisive defeat than Lord PALMERSTON'S on Thursday night. Their inferiority at every point was conspicuous. But slightly apparent in Lord GRANVILLE, who spoke with grace and ability, it became more and more evident in each suc cessive speaker, till it reached its final bathos in the Duke of ARGYLL. In the legal argu ment, Lord CRANWORTH was singly opposed to four law Lords; each of whom is singly a match for at least four Lord Cranworths ; while the rest of their champions were utterly routed and put to shame by the logical skill and statesmanlike eloquence of Lords BROUGHAM and DERBY. The question of life peerages was argued on the two broad principles of the Law and the Constitution. How far these creations are legal depends simply upon precedent and custom—how far constitutional, upon the generally recognised character of the House of Lords. In regard to the first, not the most bigoted partisan can pretend that the advo cates of the measure did more than establish it doubt ; while, in regard to the second, it is impossible to pretend even this. Ever since the Constitution has been settled in this country —which is the only period properly bearing on the question—the hereditary character of the Upper House has been indisputably con sidered part of it. But even if we go back to anterior times we find that a writ of summons invariably conveyed an hereditary right to a seat in Parliament. To different minds the distinction between what is legal and what is constitutional will assume different degrees of importance. It was, we think, undeniably incumbent on the law Lords to point out this distinction, while, at the same time, we fully concur with Lord DERBY, that it is useless to urge it at present. Nobody, now-a-days, would dream of thrust. ing even a legal prerogative down the throats of the people in confessed violation of the Constitution. But there is one argument urged against those who see in Life Peerages danger to the indepen dence of the House of Lords, which we suppose they would call the argument from common sense. It is certainly plausible enough, and we have ourselves heard it from the lips of many persons before its utterance by Lord CRA\• WORTH. It is this, that public opinion would never permit such an abuse of prerogative as the swamping of the House by the wholesale issue of life patents. This argument was exposed and refuted in a masterly manner by Lord DERBY. Supposing what is called a popular measure to be passed by the Commons, and thrown out by the Lords—the Minister who carried it through the latter by these uncon stitutional means would be acting in deference to public opinion ; and it is contrary to our knowledge of human nature to suppose that anything like an efficacious protest would be raised against his conduct by those it was in tended to gratify. What are the reflections that naturally arise from the Noble Earl's argu ment? They are these: that under such a system, though the external form and super structure of the Upper House might for a time remain, its foundations would be gone. The first breath of popular antipathy would level its independence with the dust. Its true position as a salutary check on the precipitance of popular counsels would then be lost for ever. It would then become indeed " a mere Court of Registry " for the decrees of others, whether that other were one or many—whether the Minister dictated to the mob, or the mob dictated to the Minister. The descendant of thirteen English earls may be pardoned if he views such a consumma tion with disgust—if he wishes his posterity to maintain the dignity of his ancestors, and the house of Stanley to continue, as it ever was, one of the noblest pillars of the Crown. SATURDAY, But is the country also insensible to the claims of the Peerage ? Is it forgetful that, when all deductions are made, when all the frailties of pride end pinion have been fully accounted for, enough remains in the traditions of the past to merit warmest gratitude, and in the promlie of e present to inspi re our warmest hopes? N few in number are the reforms which we 'Orte to the House of Lords, and certain we ire that in all great constitutional difficattes the country still looks to theM with confidence. But above all be it remembered, that an hereditary monarchy such as ours can never exist apart from an hereditary nobility, and that an hereditary nobility can never co-exist with one that is nominated for life by the Crown. .Let her Majesty reflect that the change which has been so happily averted would be nothing less than suicidal, that her wisest and most experi enced counsellors are against it, and that those who entertain the deepest affection for her person and her rights are most deeply anxious about a measure which, though osten sibly a vindication of the Royal prerogative, cuts in reality at the roots of that power on which prerogative always has and always must rely far support. THE IRISH JUDICIAL BENCH. WE in England are in the habit of regarding the occupants of the Judicial Bench as above favour or fear. But in Ireland it appears to be thought that the judges should pay some regard to the exigencies of Ministerial patron age, and that if gentle hints are not sufficient to induce them to resign when their places are wanted, a certain amount of pressure should be put upon them to render them more com pliant. LORD CHANCELLOR BRADY has, it is stated, thought proper to call on Mr. BARON PENNEFATHER to retire from the Bench—a demand with which that able and learned Judge has declined to comply. He is still in the full and vigorous possession of all his faculties, and, notwithstanding his physical infirmities. LORD CHANCELLOR BRADY must himself be aware that there is not a judge in Ireland who more ably discharges his duties. To his acute judgment and profound legal knowledge the Chancellor, when Chief Baron, was frequently indebted, and at that time was wise enough to avail himself of Mr. BARON PENNEFATFIER'S superior abilities. The excuse for the Chancellor's interference is curious. He is reported to have hinted, " that the force of public opinion would pro " bably coerce the Government into not offer " ing opposition to SirJOHN SHELLEY'S motion." As it happens, the letter in question, with BARON PENNEFATHER'S reply to it, were both known in Dublin on Wednesday, the 30th ultimo, while Sir JOHN SHELLEY'S notice of motion in the House of Commons was not given till Friday, the Ist of February, two days afterwards. How did the Chancellor become aware of Sir JOHN SHELLEY'S intention, previous to any public notification of it? Are we to suppose that the Honourable Member for Westminster corresponded with the Chan cellor, and that there was a preconcerted scheme to frighten BARON PENNEFATHER into resigning ? If the question is to be raised in any shape whether Mr. BARON PENNEFATHER is incapaci tated for the discharge of his duties, or whether he continues to ably and faithfully fulfil them, the issue cannot be doubtful. On a recent occa sion he delivered a lengthened judgment so sound and luminous as left his colleagues nothing further to observe than to express their assent and admiration. It is very much understating the case to say that he has efficiently discharged all the duties of his post. He has done more. Additional labour has been thrown on him by the removal of Mr. BARON RICHARDS to the Encumbered Estates Court, and by the long-continued absence from ill-health of CHIEF BARON PIGOT. Still the public interests have not suffered. The business of the Court has been efficiently performed. Whenever the Learned Baron shall think proper to retire he will do so with honour to himself, and carry with him the respect of the