The Sun.
London, England, 1855-12-27 00:00:00

Spirit of the Public Journals.

( From the Times of this day.)
Abstract reforms are little likely to engage the
minds of a people who are thinking chiefly of re-
cruiting for another campaign, and providing boats
and batteries to attack with new weapons fortresses
defended by the newest science. Least of all are
Englishmen likely at such a time to approach will-
ingly the tangled skein of Turkish politics, or to
attempt a change iu institutions where it seers that
any movement must precipitate a fall. The inter-
ference which they know must come, the responsi-
bility which they must one day assume, are all
mentally deferred until a successful peace has given
• the feisure and authority necessary for a great task.
Yet, there is no reason that all political action
should be suspended by hostilities. There is, per-
haps, too much of this at home. Lawyers who have
nothing to do with the war make unnecessary
speeches about it, and affect to think that the pre-
sent is not the time for pressing legal changes.
Education fares as badly ; the reformers of the
Church and Universities are less zealous than of
yore. Statesmen have so much lost the habit of
taking the initiative, it has become so essentially a
part of our political practice that Ministers should
be only administrators to carry out the measures
demanded by the public and the press, that as soon
as popular interest in a subject ceases it is, as a mat-
ter of course, laid aside, as not ripe for legislation.
We have seen budgets thrown down on the table of
the Commons, to be dissected and reconstructed as
Parliament and people out of doors might demand
during the next three weeks. The world has been as-
tonished and some persons have been indignant at the
part filled by the press in the present war. It has
been asked if the Government is to be in Downing-
street or not, if the army is really to be commanded
by its Commander-in-Chief? But the real cause of
the authoritative tone and the successful inter-
ference of the press is, that the Government began
the conduct of this war as it would bring a bill into
Parliament, timidly and tentatively, expecting dis-
cussions, divisions, amendments, and leading
articles—nay, obviously logking to them for guid-
ARCO. No fixed plan of operations was formed ;
the geographical and military knowledge possessed
by Government was of the vaguest kind ; an expe-
dition was sent out, and Ministers then waited to '
see what people would like it to do. Sebastopol
was popular, and it went to Sebastopol. Some-
thing of the same kind is likely to be the case as
mg regards that great settlement of the Turkish em-
pire, which must be the crown of the war and the
chief future defence of Europe. Now is the time
for statesmen to study the question and to elabo-
rate their plan. Any scheme duly considered
would have the fairest chances of success now that
the Sultan's capital is occupied by the soldiers of
the West. The public thinks little of the matter,
for the mass of mankind have their own domestic
concerns, and their politics are usually confined to
a contemplation of the most striking events of the
hour. But politicians who talk of proper reflec-
tion and deprecate " hasty criticisms" should learn
to abstract themselves from these popular topics.
They are not all concerned in the conduct of the
war. They have time to become acquainted with
the subjects which are bound up with its successful
issue. Yet, probably, the distant return to peace
will find them unprepared to consider any of the
matters which will then arise. The settlement of
Turkey will come upon them still ignorant of its
capitulations and protection treaties, its taxation
and local government, its courts of law—Mussul-
man, Christian and foreign—knowing no more of the
tenure of its land and property than any trades-
man who reads his newspaper. If, then, the occa-
sion be urgent, the subject will become popular—it
will be discussed. by Parliament, by meetings, and
the press, crude notions will be formed, and weak
plans timidly carried out to catch each breath of
popular applause. If evils then arise from a too
free discussion by the people, the true cause will be
the want of due forethought and comprehensive-
ness in those who rule.
Above all the evils which afflict the Turkish
State is to be reckoned the corruption, or rather
the negation, of justice. Each of the Kayali na-
tions is permitted in suits where only its own
members are concerned to seek the tribunals of its
own bishops.' The civil law is administered in the
Greek courts ; the Armenians are subject to many
usages brought from the depths of Asia. The
Turkish courts are presided over by functionaries
who have much of the character of a priest, and
the law founded on the Koran is what might be
expected from such a text-book expounded by
such' commentators. The literal sense means one
thing, the metaphorical sense another, and the
best hope of justice is when the judge can find
nothing applicable, and decides according to his
own common sense. Both his Scriptures and his
private judgment are, however, continually in-
fluenced by arguments more persuasive than any
pleadings. The corruption of the Mussulman
courts is notorious, and the Christian bishops are
said to be no better than the unbelievers. As for
the Frank jurisdictions, there is rather a chaos
than a system. Each man is under the represen-
tative of his own nation; through this official or
his deputy he must be sued, by him he must be tried
for any offence. If a French officer and a German
shoemaker differ about a pair of boots, one makes
his application through the Austrian Internunciate,
the other responds through the French Embassy.
The matter is referred in the first instance to the
Consuls, who know little of law, and the appeal
lies to the Ambassadors, who know less. Com-
mercial courts have been established in some of
the chief cities, and their operation has been most
beneficial ; but, as the country is opened to enter-
prise, as commerce increases, and the civilisation of
the Rayahs advances, these will be inadequate.
The chief want of Turkey is, doubtless, material
improvement; roads and canals must be the first
works of a renewed civilisation. But it is beyond a
doubt that the only foundation of improvement is
trust in the Government, and the assurance that
what a man has earned he shall possess peaceably.
Such a trust cannot exist without impartial courts
and sensible laws. The most gifted judge could
not do justice from the Koran, while the codes of
Justinian and Napoleon will be unavailing so long
as the longest purse is the best argument. It will
therefore
become the Western Powers, while using
their influence to reform the police and to light the
streets of Pera, also to consider how justicemay be
administered so as to encourage both the native and
the settler to join in that work
of amelioration,
which is more important thanmany victories.witbout
Few thinking men have visited the East
forming some project for supplying this first and
most obvious want. The general conclusion is
evidently based on the supposed necessity
of con-
tinuing the capitulations which now prevail. It
is presumed to be impossible that strangers should
submit themselves to the authority of the monarch
who rules the land ; and, indeed, the experience
of the native courts, and the fact that no man ven-
tures to be a merchant without foreign protection,
naturally suggest such a notion. It is therefore
recommended by more than one traveller that a
code of laws should be agreed to by the great
Powers, and that in every seaport French, English,
German, and Russian judges shall decide in cases
where the liberty or property of Europeans is
concerned. It cannot be denied that such a
system would be far superior to the present
ineffective regulations A near approximation
to justice might be gained by foreigners of all
nations and classes ; but such an expedient ought
to be in its nature only temporary. Turkey
has already suffered greatly through the power of
European embassies and their mutual enmities.
We ought never to lose sight of the fact that we
have gone to war for the independence and integ-
rity of the Ottoman Empire—that is, of the terri-
tory governed by the Sultan. A mixed court sitting
in its capital to try foreigners is what no high-
spirited nation would permit, and, if circumstances
should make it necessary to demand such a juris-
diction of the Sultan, should only be until the
elements of a betterulta come intoT being.k
We must look forward. teootfhtehtiings h
en again to stand aloee, and all protectionulew andurlls
capitu-
lated jurisdictions should be made to terminat as
soon as possible. A general and well-framed code
of laws suited to all races and religions, adminis-
tered by well-educated men, and obeyed alike by
native and foreigner, is the ideal object for which
we should labour. The sovereign of the country
should be the head of this system and supreme in
his own dominions. Although such a scheme may
be deemed visionary for the present, and the void
may be supplied by courts of mixed nations, yet
nothing should be done which may prevent the
subsequent establishment of the better institution.
We believe that, should a fit legal system be elate)
rated, men might be found in Englaud, rrance,
and Germany to administer it with success.' Even
among the Sultan's own Christian subjects, who
are beginning to crowd the Universities of Paris
and Berlin,there are many who in time may be
fit for the highest posts. thejudicial system
of Turkey deserves at On But
ce the attention of think-
ing politiciane. The taxation and the tenure of
laud are ieepecially interesting, now that increasing
cowmercewith the Ease, and perhaps some kind of
immigration, will shortly prevail. Nothing which
throws a light on the causes of Turkish disunion
and decay ought to be neglected. But the want of
good judges an good laws is the evil most deeply
felt ; it is the first obstacle to improvement, and
should therefore be the first thought of the states-
man and philanthropist.

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