The Sun.
London, England, 1855-11-02 00:00:00

/ / 4,-' /
f , ' .' - • • 7-, , -
,•„-7 , „ ' i . ,
',....r.5,i • 1, ; - ; ' -
"Limml
~,,
' -
' "—>, ~v?,
~,,,,, 'ost, ;

[PRICE 4D. STAMPED SD•

northern shore. The navigation, however, is per-
plexed and difficult ; and a land advance to herson
would lead the Allied troops over a greater ex-
panse of country than an advance upon Nicolaieff.
Kherson is not naturally so strong as Nicolaieff ;
still it is placed in a hollow, surrounded on three
sides by abrupt eminences which are crowned with
forts and batteries. The mouth of the Boug, Nico-
laieff, and Kherson are at three angles of a triangle
of which the side extending from the mouth of the
Bong to Nicolaieff is twenty-four miles long ; that
extending from the mouth of the Bong to Kherson
thirty-six miles ; and that from Kherson to Nico-
i laieff also thirty-six. These scantydetails will suf-
fice to show that the reduction of either or both of
these two places is likely to be attended with con-
siderable difficulties ; and there remains little more
than a month for the accomplishment of the enter-
prise, as the Liman of the Dnieper is frozen over
from December till February. It is impossible to
reflect on these circumstances without regretting
that precious weeks were wasted before the expedi-
tion started from Sebastopol, and also that instead
of steering direct for the Liman of the Dnieper, it
anchored off Odessa, where six more days were lost.
It is true that the mere presence of the Allied fleets
in the waters between Odessa and the mouth of the
Dnieper, and their success in the only action that
has taken place between them and the Russians,
cannot fail to make an impression on the minds of
the natives. The description given by our Corres-
pondent of the appearance of the shores along
which the squadrons sailed from Cape Fontana
(the point west of Odessa at which --they' atit
neared the land) to siiito nijk,the lz(?ttura of a
..eouial-44-41e4haialikig:tAat.. xir,44(tft
peace. TEre- presence of a hostile and-apparently
resistless Armada can scarcely fail to suggest to
the minds of the inhabitants that it is their own
Government's lust of conquest that has drawn
this visitation upon them. The wealthy and influ-
ential classes in Odessa—whose mercantile enter-
prise is the source of the prosperity of the whole
surroun ding district—can hardly be called Russians.
They are principally foreigners, attracted by the
resources of that emporium from distant shores.
Their sense of allegiance to the Czar—of identifica-
tion with the Muscovites—is extremely feeble.
Except in one direction Odessa is only accessible
from the heart of the empire across wide and road-
less steppes, utterly impracticable during a part of
the year. The events now in progress around
Odessa cannot but prepare the minds of the inha-
bitants for a wish to be severed from a State which
by its conduct exposes them to hostile attacks from
which it cannot effectively defend them. But such
a result is a mere contingency; it belongs to a re-
mote future. What is wanted is some immediate
decisive blow that will be felt to the core of the
Muscovite empire ; and when all circumstances are
taken into consideration, it appears extremely pro-
blematical whether such a blow will be struck dur-
ing the course of the present year.

( Front the Morning Post of this clay. )
Towards the close of the last Session of Parlia-
ment two very important discussions took place, in
both branches of the Legislature, on the subject of
the appellate jurisdiction exercised by the House of
Lords. We now revert to the subject (at the com-
mencement of the legal year), because we believe
that it is no less the wish of the profession than
the interest of the public that some immediate

steps should be taken to improve the constitution
of the House of Lords as the tribunal of last resort.

In the outset we must disclaim all participation in
the opinion expressed by Bentham, in his tract "On
the Organisation of Judicial Establishments," that

" the House of Lords is the worst-constituted of all

udicatures." No Englishman can speak slightingly

or with disrespect of the great and venerable
magis-
trates who have adorned, and still adorn it, by their
learning and virtues. It is the union of judicialwith

legislative functions which confers upon the higher
branch of the Legislature that eminent dignity which
the House of Commons has not always maintained

II the estimation of the public ; and any measure

which would tend to substitute another tribunal of

appeal would inflict a calamitousblow not only on "an
ancient and venerable estate of the realm," but on
the administration of public justice in this country.
We are not of the opinion of those who would make
the Lord Chancellor merely a chief appellate judge,
holding office irrespective of political changes. The
individual charged with the superintendence of our
legal institutions, and whose duty it is to effect
those reforms and amendments in our laws which

the progress of time renders necessary, could not
adequately discharge his important and multifari-
ous functions in any position less responsible and
influential than that of a Cabinet ➢iinister.
But, in spite of the theoretical perfection of the
House of Lords as the ultimate tribunal of appeal,
it cannot be denied that it has not recently given
that satisfaction which the suitors have a right to

expect. We do not presume to question any
decision which their lordships have pronounced,
neither do we advance any opinion which is
not supported. by high authority. The point to
which we wish to direct attention is, that the num-
ber of law lords who attend the appellate business
of the House is so small that most important
and difficult questions of law have bean sometimes
decided by only two judges. The honourable and
learned member for Wallingford (11r. Malins), in
August last, stated "that there were the most
grave objections to this appellate system, and he
hoped that her Majesty's Government would
speedily take some steps to remove them. The
system was slow, expensive, and unsatisfactory.
No law lord, besides the Lord Chancellor, was
bound to attend the hearing of appeals in the
House of Lords. In five instances this session,
only two law lords attended the hearing of appeals.
An appeal to the House of Lords was very high
sounding, but what did it mean ? There was a
rule by which the lay lords were prevented from
interfering in judgments on appeal to the House
of Lords, E 0 that an appeal to the House of Lords
frequently meant only an appeal to the Lord
Chancellor and another peer. Why should not a
judicial court of the House of Lords be appointed
for the hearing of appeals, or a number of judges,
say three at least, to he appointed who would be
bound to attend ?" The hon. and learned gentle-
man might have added that, on several occasions,
in consequence of the disagreement of the two law
lords, the judgment of the Court below was affirmed:
and thus all the trouble and expense of an appeal
to the House of Lords had gone for absolutely
nothing. The noble and learned lords who
are supposed to be available for the appeal business
are, Lord Lyndhurst, Lord Brougham, Lord Camp-
bell, Lord Truro, Lord St. Leonards, and the Lord
Chancellor. these, Lord Lyndhurst and Lord
Truro, the one from great age, and the other from
ill health, can scarcely be expected to attend. Lord
Campbell is sometimes compelled to be away in the
discharge of his duties as Lord Chief Justice, and,
therefore, there only remain three law lords, Lord
Brougham, Lord St. Leonards, and the Lord Chan-
cellor, the absence of one of whom may, at any
time, bring about the evil of which Mr. MalMs
complains. All that is wanted as a remedy is an in-
crease in the judicial strength of the house ; for this
purpose it has been suggested that the jurisdiction
exercised by the Judicial Committee of the Privy
Councilshouldbe transferred to the House of Lords,
that the number of law lords should be increased,
and that the house should sit as a court at least
five days in the week during the entire legal year.
Such an arrangement would do away with
tstlL
anomaly of having two superior appellate cotioirrea,
the first deciding one way a question as_ ~ec.„l
estate arising under a will ; and the setconedan,..iin",..
ing the same question as to personal estate
eartway7
It
under the identical will precisely ttso
rtion of the
must be recollected that a considefrto
rdP°s consists of
I judicial business of the House
Scotch appeals, and it has be n suggested that a
should be selected to
judge from the Scotch Benchofmaera connected with
d
take part in the decision
nweorueseadoofpLteordd,
swweo e_
Scotch law. If this courseh
lieve that the decisions of t e
ore weight in Scotland than the
carry with them n 1
egfenearala-p-p. appellate
a additional
do at present, and, the services
judge would be available for the
e kingdoms. If English
three
tuition, master the niceties
s
business of the
can, almost
reason why an en-
scotch judge should not usefully take
of Scotch law, by intuition,
can be no
lightened
in the decision of questions of English law.
peerage which would accompany the selection
pTahret
would not only be a recognition of the distinguished
merits of the individual, but would be a compliment
which the bench and bar of Scotland would duly
appreciate. H the Government were also to confer
a peerage on Mr. Pemberton Leigh, the Chancellor
of the Prince of Wales, a most accomplished and
learned lawyer, and on one of the lords justices, or
one of the common law judges, the constitution of
the House of Lords, as an appellate tribunal, would
be free from the objection which marred its utility
during the last session of Parliament.

•
THE
MIJERUM OP ORNAMENTAL ART AT MARLBOROUGH
HOUSE,—The numbers attending, &0., during the month
of October were as follows :-8,640' on the public days,
and admitted free • 460 persons on the students' days,
arid admitted as students' on the payment of 6d. eachl;
besides the rigistered students of the clas and eof a 001Vc48.