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London, England, 1852-07-01 00:00:00

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LONDON, THURSDAY, JULY 1, 1852.

The Parliament of 1847 dates from this day the
close of its existence, having been prorogued by the
SOVEREIGN prior to its formal dissolution. The cir-
cumstance cannot be vgratted by the nation—re-
membering, as the people cannot fail to do, the extra-
eirdinary shortcomings of the recent House of Corn-
rams. It was characteristic of the dubious position
of the representatives returned at the last general
election by the various constituencies, that their legis-
lative labours commenced under the auspices of
a Whig Cabinet in a minority, and terminated
under the authority of a Tory Cabinet
in, a minority. Surviving an interval of five
pars, and accomplishing no less than six sessions,
the Parliament of 1847 witnessed its inauguration,
under the feeble and vacillating temerity of the
..„ RIISIELL Government, and beheld its dismissal, in
i 1 1852, under the scarcely less feeble and vacillating
rit'ev fines;; of tho DERBY Administration. Its achieve-
t -,--, ta base consequently been dfstingulAed by gl
-1 -. : ..,-;• 2
_____.

kindred weakness and a corresponding uncertainty.
Whatever r'Arms have been yielded have been
that
forgotten, n ,
yielded only piecemeal and with reluctance. It
must
in extenuation of this fact,
however,
period traversed since the
hour of its
first assembling at Westminster has
been one of almost unexampled anxiety, and, in some
particulars also, of unprecedented confusion. Scarcely
had the disasters consequent upon the Irish famine
been ameliorated by a wonderful and touching muni-
ficence,
when the whole political framework of Europe
was convulsed by the outbreak of a sudden and ter-
rible revolution. Against the shock of that revolu-
tion the Legislature of Great Britain had to present
a stalwort and unshaken front—and nobly, it must
be allowed, did it in this respect fulfil the
anticipation of the English multitude. It

continued even at the stormiest periods of the great

political convulsion to maintain a serene and elevated
attitude—directing its energies to the toils of internal

administration ; and while it vindicated the magna•

nimity of the Constitution by maintaining the invio
lability of the shelter accorded refugees from foreign
countries, it withstood the aggressive influences of the
Socialist and Communist conspiracies. Among the
historical incidents to be recorded of the Par-
liament of 1847, its sitting on the 10th
of April, 1848, cannot speedily be lost
to remembrance. Upon that occasion it preserved
the tranquil dignity of discussion at the moment
when the metropolis was agitated by the dread of in-
surrection. In all these critical situations, it must be
related to the honour of the Whig Ministry, that the
Legislature received the most powerful of all encou-
ragement through the self-possession of a hesitating,
but still, on emergency, courageous and patriotic
Government. Especially it must be borne in mind
that the glory of the example of Ministerial
daring thus set before the House of Commons belongs
by right individually to Lord PALMERSTON. In-
spirited by the decision and boldness of his po-
licy, the Parliament persisted in supporting
every act of his adminstration. For inasmuch
as these facts are undeniable, the House of Commons
elected in the summer of 1847—with all its faults—
must be borne iu respectful, and in some sort also,
grateful remembrance.
Conspicuous among the achievements of the late
Parliament was the abrogation of the laws relating
to navigation. This, it will be recollected, was a pru-
dent and necessary corollary to the inauguration of
tha Free Trade system. Besides this, it placed
upon an equality sugar both foreign and co-
lonial, added to which it has materially improved
the Poor-law system of Ireland—and, by a memor-
able enactment, has singularly facilitated the sale of
the encumbered estates in the sister island. It
has relaxed the stringency of the entail system
in Scotland. It 113.3 adventured—however slowly
or inadequately—it has adventured upon the begin-
ning of some real sanitary improvements. It has
countenanced, moreover, the enormous efforts made
by Lord BROUGHAM and others with a view to
a i
thorough Legal Reformation. As to its efforts in
the cause of education, we cannot but think that they
are so infinitesimal in their character as to be abso-
lutely worthless for any good they may be expected
to produce. Partial efforts in reference to colo-
nial and financial reforms have only so far
benefited the country, that they have awakened the
knowledge of the community to the necessity of
some _ speedy and comprehensive innovations. In
this respect, as preliminary to the House of Com-
mons about to be elected early in the
autumn of 1852, the Parliament of 1847 cannot but
be regarded as one, the labours of which are a
veritable source of satisfaction. Therefore
it is that we have witnessed its final pro-
rogation, and await its immediate dissolution,
not without some kind of grateful appre-
ciation—but with a sense of pleasure which bids us
look forward with no feeble degree of interest to the
nomination and selection of the new representatives.

Lord BROUGHAM'S recommendation that a Royal
Commission should forthwith issue for the purpose
of inquiring into the practice and jurisdiction of the
county courts, is, like every other suggestion on
matters of legal reform emanating from the same
quarter, eminently worthy of consideration. It
is now certain that local. tribunals cannot be dis-
pensed with, that whatever improvements may be
effected in the superior courts, still justice must be
administered in every important locality, so that
debts may be recovered without unneces-
sary delay or expense. There cannot now
be a retrograde movement. Measures that
would formerly have been received with gratitude,
and have completely satisfied the expectations of the
people, would not for a moment be considered as
eligible substitutes for the enactments which,
although defective in many important particulars,
still " brought justice home" to every man's threshold.
The great object then must be to render these tri-
bunals as efficient as possible, and to make available
to the greatest extent practicable the services of the
several judges, whose attention will no longer be dis-
tracted by private business, and the necessity of de-
voting the greater portion of their time to attendance
in Westminster Hall, far from the district in which
the tribunals over which they preside are situate.
There can be no possible reason now why the seve-
ral judges should not become residents within
their respective jurisdictions, and, like the
Irish assistant barristers, ex-officio magistrates of the
counties. Their assistance at quarter-sessions would
be exceedingly valuable. There would be the cer-
tainty that one or more competent persona would
take part in every trial, and the jurisdiction under
sUtil circumstances might be materially extended, by
which means considerable savings would be effected
in local taxation, and greater security against illegal
or improper convictions.
The fee system should also be abolished. There is
a -
general feeling abroad that justice should
be gratuitously adminstered, that every person who
hhi:Culdbbeeenentitilneqjured in person or property
s
to redress, without being mulcted
in heavy fees t
would seem ex-Celt number of different officials. It
eaingle strange if any nigh,
been h sub-
ject, who had - '
-grossly maltreated by the agents
of some foreign
P"R", could not have his case taken
into consideration, or explanations afforded, without
handing over considerable
gums the housekeepers,
to
•n
functionaries at Downing-
street, ngs
street, together with a geetnay •
to the "coachman"
doorkeepers, and other
of the Foreign Secretary ' • and
- hat all his memorials
and applications should be tea are
laid before the officials. It wort
appear an extraor-
dinary mode of affurding " protection:* • •
tx rmr cttizens
a4r,_ before they
to compel them to pay for it so hewed, as to
defray a considerable portion of the '' '
expenses of the
diplomatic and consular establishments, d
an yet the
fee system in our courts of justice is scarcely more
anomalous. No suitor can seek relief without paying
heavy stamp duty, or other fees, and, if his
case should come to trial, fees to court
keepers, ushers, criers, &c., and if in the
Exchequer, to the Lord Chief Baron's
coachman. It was the number and magnitude of
these stamps, fees, and other charges, that first occa-
sioned the demand for cheap justice. But the evil
was continued in the remedial enactments. The
Legislature fell into the grave mistake of endeavour-
ing to make the local establishments self-supporting,
forgetting that the entire fee system had been
a° loudly and generally
complained of, and that the
tendency of modern legislation was to substitute
salaries for fees in every
country had no right to look for
any payment
instance, and that the
civillyw h a t
.
soever;•• more especially to realisea profit,
on the administration of justice,
either
Or criminally. Lord BROUGIIAM truly
declared
" that the Government was bound to affordprotection
on this.point to the subject in return for his alle-
giance." We may add, in return for the surrender
of a certain portion of his national liberty and his
contribution to the liquidation of the national liabi-
lities, and to the maintenance of the national
es-
tablishments.

There is another point in relation to these tri-
bunals that should also be strictly scrutinized. The
relation of the local courts to the Court for the Relief
of Insolvent Debtors is in by no means a satisfactory
condition. Several judges arrogate to themselves
the right of completely ignoring the pro-
ceedings of another court of concurrent
jurisdiction. Under the rules of practice
settled by the Lop CaLEY BARON, and Judges

CRESWELL, WIGHTMAN, ERLE, and WILLIAMS, un-
der the provisions of the Act, it is provided (Reg.l9)
in what manner the debtor may avail himself of a
discharge under any Act for the relief of insolvent
debtors, and yet (after judgment) several
judges habitually disre. • the plea. In a
recent instance, apa .10(1 been discharged
after a strict and .'ng investigation
into his conduct. Among the Oppostig creditors was
one who had obtained a judgment in a county
court. His complaints were heard, and deemed not
sufficient to warrant the further incarceration of the
debtor. Not satisfied, however, with the result he
issued a judgment summons, and although the
adjudication of the Judge of the Insolvent Court was
proved, and also the fact of the attendance of the
plaintiff at the hearing, an order of commitment for,
we believe, forty days was made, the Judge thus
assuming a power not belonging to any of the
Judges of the superior Courts. It has also recently
been held, that although there may be a rehearing
after the adjudication of any of the Learned Cornrai6-
sinners, whose entire time bas been devoted to acquiring
a thorough knowledge of the insolvent code,
there
can be no appeal from, or rehearing of one, by a
county-court judge, however palpably erro-
neous his decision may be. These and
other matters require speedy amendment,
a Royal and
in no mode is the desideratum more likely to be
effected than in that suggested by Lord Bit"Gui:r.
the immediate issuing of
similar to that of last year on the Commission
an jec
Reform. b. t Chancery

THE FRENCH REIAJBLIC,

We have received the Paris journals of
on the message of the PRINCE
The Const.tut.
z tonnel of yesterday has the
teethefllowing
yesterday.
gislative Body :--
" There is one fact that must be stated and that is the
lively impression produced in the
piiissipzerr Le-
public mind by the
message which the President of the Republic has just
addressed to the Legislative BodY
ware of calling hostile, but divergent,
first session. It bad already met with unanimous marks
of adhesion in the Elective Assembly which has just
for the close of its
terminated its labours. Opinions, which we shall be-
selves in this first year among the members of the Le-
selves shown them-
gislative Body. Listened to and respected, they have
proved in the first place, as was stated in the message,
that the control of the Legislative Body is serious, that
discussion is there free, and that the vote of the taxes
is there decisive. They have proved also that there
exists in the Legislative Body a considerable majority,
full of gratitude towards Louis N for all the ser-
vices which he has already rendered to the country, fall
of confidence in his wisdom, his moderation, and his
firmness; a majority always eager, and bold to support
and defend his Government. . In the interval of the ses-
charges of the State without coin
sion,' says the Prince President, , I shall apply all my
service.' Such expressions and
will permit a
care to examine into the wants of the country, and pre-
apoleon
pare bills which diminution in the
promising the public
enlisted to remove every mistrust. such promises are cal-
The relations between
ow
the Legislative Body and the Councail of Ste have
given the best results, particularly
the session; a good understanding to the end of
was come to. The
speeches of M. Vuitry on the budget, of M. Bonjean on
the Ministry
M. Ma ..Police, and -
of General Particularly that of
gne on the Railway Bills, charmed and convinced
theE Legislative Body. Applause is never wanting in
rance for such a happy alliance of honesty and talent.
The first session of tho Legislative Body and the mes-
sage of Louis Napoleon will reanimate, if it be neces-
sary, in every heart, confidence in the future, and those
sentiments of conciliation and concord which vanquished
factions and the implacable enemies of society so much
dreaded." _ _

The Senate met on Tuesday,
M. MESNARD, the first
Vice-President, in' the chair. n SIMEON presented
the report cf the committee appointed to examine the
tobacco monopoly bill and the house having at once
discussed the articles, declared that there was no rea-
son to
bills adopted by the Legislative Body were then
brought
oppose it being promulgated. The various
up, and Committees ordered to be named on
them.
Some reports on petitions having been pre •
sented, the sitting was brought to a close.
A great number of the members of the Legislative
Body assembled on the,same evening at the Casino in
the Chausee d'Antin, at a farewell banquet. Up-
wards of 150 sat down to dinner, and the utmost cor-
diality and goodAfeeling prevailed. At the dessert,
M. BILLAULT, the President of the Legislative Body,
proposed the health of Prince Louis NAPOLEON,
which was drunk with unanimous marks of appro-
bation.

The Senate will remain at work for about a fort-
night longer, as it has to give its approbation to the
bills adopted by the Legislative Body, and to delibe-
rate on the two Senatus Consults submitted to it—
one on the High Court of Justice, and the other on
the constitution of the colonies. Several members of
the Senate were anxious to leave Paris at once, but
orders were issued not to give passports to any but
those who had a regular leave of absence.
It is believed that the next session of the Legisla-
tive Body will take place about the end of January.
The Government, to that effect, is about to hasten the
vacation of the Council of State, which used gene-
rally to begin about the commencement of Septern-
ber. This year the time will be from August 15 to
October 15, as LOUIS NAPOLEON is anxious that the
Council of State should have three clear months
before it to prepare the bills which he intends to
submit to the Legislative Body on its re-assembling.
The budget for 1854 is not to be prepared by the
Ministers, but by the Council of State.
The Patrie says it is assured that the PRINCE
PRESIDENT of the Republic will honour with his
presence the inauguration of the Strasbourg railroad,
which is fixed for the 17th July.
The celebrated physician, M. RECAMIER, died
almost suddenly, on Monday night, in Paris. He was
in his 78th year.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
gi LONDON STOCK EXCHANGE, Jultz 30.
Luxembourg, 454<flamur and Liege, 65/B—Northern of
of France, 2458—rans and Lyons, 12%--Paris and Rouen,
34%—Paris and Strasbourg, 23', —Rouen and Havre. 13
—Sambre and Mouse, s%—Western of France, 8%.