The Sun.
London, England, 1852-11-02 00:00:00

OtTonti alut

LONDON, TUESDAY, NOVEMBER 2, 1852.

Since the Earl of CARLISLE delivered those charm-
ing lectures of his upon the Genius of PorE, and
upon the Condition of the United States, to the intel-
ligent working classes of Yorkshire, several
distinguished abilities have displayed a similar readi-
ness to impart instruction, in like manner, to the
industrious members of the population. The noble
example of the patrician has already, therefore, had
its fruition, and we doubt not but that equal willing.
nesa will be revealed to emulate the course pursued in
this mutter by the distinguished individuals here re-
ferred to, by others among their contemporaries whose
names are the glories of our current literature. We
hail the circumstance as one no less honourable to
the present age than it is very beautiful in its novelty,
or than it is certainly calculated to prove advantageous
in its influence upon after generations. We take it
to be a visible token of the grand onward movement
of civilization. We welcome it with the unaffected
cordiality due to the evidence of the rapid dissipation
of ancient prejudices. We consider it to be a remark-
able manifestation of the breaking down of the bar.
niers which have hitherto,mmere or less, divided the
Com
various classes of the unity among Europeans,
precisely as the recognition of the rights of the negro
race by England, some few
years
Africans,
demonstrated
the commencement of good to the or as the
still later regard shown towards
the heretofore
despised Parses proclaimed the downfall of the
odious syi of castes among tenaAsiatics, but more
especially among the children of Hinaastan. There
are stili, of course, thousands upon thousands of old
bugbears to be got rid of hereafter; and this, more-
over, as much in the western as in the eastern hemi-
sphere. GoD knows, there are abuses enough remain-
ing, even now, to be vanquished. GOD knows, much
remains to be done still for the black man and for the
red man, and not only for these, but for very many
portions of the great and dominant family of the pale-
faces. How much reason there is, in the middle of
this hotsted nineteenth century, to call more loudly
sn of old for the abolition of slavery, the world

knows, by the evils which continue to this moment
rife in the Southern States of the vast American Re-
public. Cnassxsots is dead, and so is WILBERFORCE :
but there are yet, thank HEAVEN! noble hearts enough
amongst us to plead for even those who are apparently
the most forsaken. Eloquent voices are unheard, it is
true, in Congress, calling aloud for the development
of the grand labour of emancipation—voices like
those which were wont to resound of yore within the
walls of the British Parliament. But the novelists—
those modern poets—are active where the orators are
indolent. CHARLES DICKENS spoke nobly upon this
subject to the inhabitants on both shores of the
Atlantic, in those pages of his " American Notes,"
where he asserted, in burning words, the infamy
of selling men like cattle—of spurning those who
had the dignity of virtue like dogs, and of
scourging those who were guiltless of a crime,
as if they were the most detestable of male-
factors. Another voice has been raised to proclaim
the same truth, but this time it is the voice of a
woman. And the universal eagerness with which
"Uncle Tom's Cabin" has been received in the
United Kingdom, as well as in the United States,
manifests how truly HARRIET STOWE has understood
one of the chief requirements of her time—that of the
diffusion of the highest principles of humanity—that
of the realization in actual fact of the loftiest day-
dreams of benevolence. Tears have rained down
upon that book, throbbing in every sentence with the
great heart of the woman-philanthropist—tears that
have told that she has not cried out in vain for the
amelioration of the wrongs of her fellow-creatures—
tears of the young and of the old dropped down
upon that simple record of suffering—the most ex-
quisite because the most spontaneous tributes of sad-
ness and of sympathy. Not, it is true, like those
wrung out of the very soul of the poor negro, Uncne
Toss, on first hearing that he was sold away from his
wife and children (chap. v.), when " sobs heavy,
hoarse, and loud shook the chair, and great tears
fell through his fingers on the floor—just such tears,
sir, as you dropped into the coffin where lay your
first-born son—such tears, woman, as you shed when
you heard the cries of your dying babe : for, sir, he
was a man, and you are but another man ; and,
woman, though dressed in silks and jewels, you are
but a woman ; and in life's great straits and mighty
griefs, ye feel but one sorrow !" No, not such as
these ; but still tears, we repeat, of a subdued and
elevating sympathy. While efforts are thus, not in-
effectually, being made in the New World to alleviate
the miseries of the African, it should be remembered
in the Old World that endeavours are equally desir-
able in behalf of many an unfortunate and degraded
European. We, also, let us bear in recollection, have
amongst us hundreds who are worthy in their present
condition of no better title than that of being the
Pariahs of society—creatures scarcely less abject and
forlorn than the lepers of the olden age, who lived
apart from their fellow-men, the outcasts of the
people, wretched mortals, whose existence was shrunk
from as contagious, and whose very touch was re-
garded as contamination. For the improvement of
these there are noble natures that have struggled,
and are still struggling—resolute in their toil of
generosity, and sanguine that that toil will not
ultimately be found altogether fruitless. And
so—the Ragged Schools have been carefully► or-
ganized. And so—the Rookeries have (many of
them) been purged of their most odious impurities.
And so—the Schoolmaster is at last, indeed, and in
very truth, Abroad. Education is thus recognized
at length as the veritable panacea of numerous ills
that had been deemed until now almost entirely
incurable. Education—accompanied (be this sedu-
lously borne in remembrance), always accompanied
by sanitary innovations. It is not alone, however,
in the lowliest ranks of all in the population, that a
change for the better is understood nowadays to be
imperatively requisite. Ascending the scale of the
social system, we discover improvements upon all
sides eminently desirable. Happily, too, these im-
provements are now in course of realization. Of this
fact, the Early Closing Movement is a project sig-
nificant enough to be adduced by way of corrobora-
tion. Added to which the extension of the scheme of
Mechanics' Institutes, the growth of Public Museums,
and the establishment of Free Libraries in the prin-
cipal towns and cities of the United Kingdom, all be-
tray most admirably the humane tendency and the
rapid progress of what is popularly known as the
March of Civilization. As an honourable, and re-
markable, and most appreciable incentive to which—
we have now several of the most distinguished Men
of Letters of the Age forsaking for a moment the
seclusion where their intellects, as in a congenial at-
mo3phere, have thriven and yielded fruit i❑ abund-
ance, in order that they may by their voices, not less
than by their pens, impart instruction to the masses
of their fellow•countrymen—authors of world-wide
celebrity who wisely regard the duties of the Lec-
turer as in no way derogating from the dignity of
Literature.

It was only very recently that a remarkable ora-
tion, as we may term it, upon the glory of " Know-
ledge," was delivered before the the members of the
Literary Institution of Hertford, by Sir EDWARD
BULWER LYTTON—assuredly one of the most illustri-
ous, as he is also one of the most indefatigable, writers
of our generation. Actuated by a like motive,
another of our celebrated literati has, we observe, an-
nounced his intention of aiding in a kindred manner
the furtherance of the effort at general en-
lightenment. A Lecture is already advertised
to be delivered upon the 28th of December at the
Hull Literary and Philosophical Society, by the
newly-appointed and but recently inaugurated Re-
corder of the borough—known so well and so widely
by the power and pathos of his "Diary of a Late
Physician," and perhaps still more by his masterly
novel of " Ten Thousand a Year." The subject of
the lecture is one, moreover, of an elevated and sug-
gestive character, namely, " The Intellectual Deve-
lopment of the Present Age"—a theme which natu-
rally extends through an almost bewildering variety
of religious, literary, and philosophical considerations.
With a statesman like the Earl of CARLISLE, and a
man-of letters like Mr. WARREN, and another of emi-
nent' and comprehensive genius like Sir BULWER
LYTTON, breathing instruction orally from the read-
ing-desks of the Literary Institutions of England, we
may well deem not altogether extravagant that beau-
tiful hope which has been so long cherished amongst
us, the hope that a social improvement, fraught with
incalculable blessings, may result from the visible and
audible spread of civilization. Henceforth, let not
this hope be abandoned, even for an interval, as illu-
sory. COLUMBUS did not once forego as idle, even
for a day or an hour, his vision of the unknown shores
beyond the Atlantio : and was not the reward his
arrival on that land, which he kissed when his foot
first pressed the beach, and where he planted the
standard of Spain in the name of his REDEEMER ?
WATT never once faltered in maintaining as practic-
able the fabrication of the Fiery Dragon of Science:
and has not his dream been more than realized in the
miracles performed every instant around us by the
product of his research and perseverance the
steam-engine ? And shall we abandon as fu-
tile the aspiration of diffusing knowledge yet
more widely than at present among the diffe-
rent classes of our population ? To do so now-
adays, would happily we believe, be as impos-
sible as it would assuredly be most flagrantly prepos-
terous. Much of the seed has already been sown
broadcast. Every day the prioting press is scattering
it wider and more abundantly. As we have shown,
moreover, there are writers amongst us of uncommon
sad admitted abilities, who are aiding the good work
not merely by their pens, but by their voices in like
manner. 'Therefore, perhaps, it is that the thought
now recurs to us more painfully than ever, that we
have still haeging darkly over the minds of the multi-
tude the influence of the accursed Taxes upon Know-
ledge. Fortunately, the present Cabinet appears to
have its literary sympathies, or rather, should we say,
an accurate appreciation of the value and importance
of literature. It has proved this already by more
than one incident worthy of the popular remem.
brance. It has proved it by making ARCHIBALD i
ALISON a Baronet—by making G. P. R. JAMES her
MAJESTY'S Consul at Norfolk in the United States—
by
giving a diplomatic appointment to the son of
FORD, the author of the Handbook on Spain—by no- ,
minating SAMUEL WARREN, the Recorder of He—
by bestowing
a pension upon CAROLINE SOUTHEY,
and by several other
acts of an equally significant de-
scription. Rememberl •
ag this, we are disposed to

cherish the belief, that the people of England may not
look in vain for the abolition of the execrable Taxes
upon Knowledge to the good sense, the enlighten-
ment, and, we may even add, the patriotism of the
Earl of DENBY'S Administration.

The letter of Lord DENMAN, to which we gave in-
sertion in our impression of yesterday, will be read
with profound interest, not only by members of the
distinguished body of which the Noble Lord was one of
the brightest ornaments, but by persons of all classes
in society. " What course is the bar to take" under
the present circumstances ? The inquiry is one of
almost vital importance to the profession. It cannot
be denied that its position has been greatly altered by
recent legislation. The business at Westminster had
materially fallen off since the establishment of local
tribunals. The County Courts offered many unques-
tionable advantages to suitors. They were enabled,
through its intervention, to obtain cheap and speedy
justice administered at their very thresholds. The
vexatious delays and ruinous expenses that frequently
induced parties to relinquish well-founded claims
rather than undergo the annoyance and responsibility
incidental to their recovery, were in a great degree
removed. Many persons were thus enabled to enforce
satisfaction of debts that would otherwise have been
wholly lost.
The honest debtor, too, reaped a benefit. His
original liability was no longer quadrupled by the
costs of its enforcement, and the presiding Judge was
enabled, where indulgence was really required, to
allow reasonable time, by directing the payment to be
made by easy instalments.

Bat while the new tribunals were so beneficial to
the community in general, their operation was very
injurious to the bar, more particularly to the junior
practitioners. A large proportion of the business had
been diverted into channels that were carefully closed
against them. Any person, indeed, might have been
heard, "by leave of the Court," except a barrister,
but he was excluded, unless "instructed by an attor-
ney." The matter was no longer permitted to rest
on professional etiquette, which might be altered if
occasion required. It was made the subject of
special enactment, and became a portion of the statute
law of the land. This acted as a virtual prohibition to
their employment ; for, first, cases were comparatively
few where the client could bear the double expense of
counsel and solicitor; and, secondly, in several districts,
the attorneys,determined to monopolize the whole prac-
tice, entered into arrangements binding themselves not
to retain a barrister under any circumstances, but
rather, if the case were sufficiently important, to give
briefs to members of their own branch of the profes-
sion. This unjustifiable combination naturally led to
complaints on the part of the Bar, but they were com-
paratively helpless. Bound by the statutory provi-
sion, they could do nothing except endeavour to
obtain the repeal of the obnoxious enactment.
At first these attempts were unsuccessful. The

jurisdiction of the County Courts was enlarged, and
the local Judges were enabled to take cognizance of
cases up to 50/, and to any amount by consent of the
parties. The Bar was, however, still restricted, and
the same regulation so adverse to their interests was
continued in full force, and also made applicable to
plaints for sums between 201. and 50/. In the mean-
time, other causes were in operation, reducing their
sources of income. Many useful reforms were car-
ried, abolishing justly and properly matters that
brought many guineas and half-guineas to junior
barristers, and enabling many to struggle through the
probation to which they were subjected. And the
Common Law Procedure Act of the present Session,
abolishing " special pleading," and, " rules to com-
pute," and rendering unnecessary the signature of a
barrister to any pleading, has completed the extinction
of the minor fees.

So far as these minor fees were concerned, every
person must concur with Lord Dzracsm in thinking
that though the present loss of enrolment may bear
hard upon individuals, no one—not even the barrister
himself—could desire to revive the objectionable, the
almost discreditable, items for which no service had
been rendered, but which were simple " law taxes,"
created for the purpose of enabling the attorney, at
the suitor's expense, to put a little money into the

pocket of a barrister, his kinsman or his friend, and
himself to take no small proportion of these profits.
As Lord DRNmsli remarks—" He" (the attorney)
" made a charge for drawing the brief of instruction
to do nothing; and another for waiting on counsel
with the aforesaid brief."

But in the same session another enactment was
passed, which, if judiciously and liberally carried into
execution, may more than compensate the Bar for the
loss of these " minor fees," while conferring a benefit
on the County Court suitors. The provision which
forbade the appearance of a barrister before the local
tribunals, unless instructed by an attorney, was not
only repealed, but be was specially authorized to ap-
pear without such instructions; while attorneys were
forbidden to retain other attorneys as advocates. The
policy of giving a fair proportion of County Court
business to the Bar was thus distinctly recognized, and
it remained to be seen how they would act under the
circumstances. What course is the Bsr to take ? in
what manner and on what conditions is the advocate's
assistance to be rendered ? are the questions to which
Lord DENMAN applies himself; and a better adviser,
or ono more jealous of the honour and dignity of his

profession, could not have bee❑ seleetel He had

evinced, on a memorable occasion, a spirit and deter-
mination that will long be the theme of admiratioe,

showing that no possible consequences could induce him
to swerve from the straight path, or bend his in-
flexible sense of right. The deliberate opinion of
such a man was indeed a matter of importance. It
could not be formed on unworthy grounds, or in-
fluenced by improper motives.

A great difference of opinion had previously pre-
vailed amongst barristers. Many considered that
notwithstanding the enactment above referred to,
the old etiquette should still be maintained. Mr.
Cox, an eminent barrister, who has acquired a high
reputation as a legal writer, has put forward these
views with great clearness and ability, in a very im-
portant work, recently published.* Although we
differ from the conclusion at which the learned gentle-
man has arrived, we willingly admit the ability dia-
-1 played, and the propriety of the arguments advanced,
and tender him our thanks for having elicited the
important and interesting document, which will be
received with respect by the whole Bar, and will pro-
bably remove the honest doubts that have been enter-
tained.
Lord DENMAN'S opinion is, indeed, ,conclusive on
the point. After adverting to the repeal of the pro-
vision by Act of Parliament, which probably " de-
tected something absurd in the enforcement of
professional etiquette by QUEEN, LORDS, and
Commons, and, besides, might doubt the pro-
priety of maintaining an etiquette which would
have necessitated a double outlay by the suitor,
and so have run the risk of denying justice to
the injured, " he adds, "If the etiquette cannot be
made matter of law, can it be expected to establish
itself in this new state of things, byvirtuthee ofan
agreement, either express or implied, among
mem-
bers of the Bar ? Ido not hesitate to declare my
His ordship then lays
opinion, founded on experience as wellaslar reflection,
—what practice
that it cannot, and therefore, feel it to be unnecessary
dot to entergwhnt
tt
to be
ehoen p thatrinci
p agreed l
ewhichn difficulto
will command universal
H inquiry
assent, " That all interference of authority IA ith the
freedom of actions, not in themselves wrong, is to be
avoided as an evil, and one that most commonly ag.
g
ravates whatever evil it was designed to correct.
The forum domesticum, to which the profession paid
allegiance as a band of brothers, can hardly maintain
its authority over a family so widely diffused, so
indefinitely multiplied. Without rules the honourable
man will act correctly, and none will restrain those
of an opposite character.

We trust that the result of this admirable letter
will be the formation of regular 13ars in all the more
important County Courts. We are certain that the
regular attendance of barristers would lead to a better
administration of justice; that it would be profitable
to themselves, beneficial to the suitors, aye, and even
to the Attorneys themselves, whatever they may now
think on the subject. We are convinced that it is for
the interests of both branches of the legal profession
—they are one and indivisible, and that the most