The Sun.
London, England, 1830-06-24 00:00:00

SPIRIT OF THE PUBLIC JOURNALS,

There has, within this day or two, been banded
to us the copy of a memorial addressed to the
Duke of Wellington, by a considerable number of
perm:ails, describing themselves as " late Preventive
Officers of Excise, in Ireland, serving without
salary." It appears that these individuals repre-
sent themselves to have been dismissed the service
(where they were principally employed in still-
hunting) without receiving any compensation ; that
they had discharged their duties with zeal end suc-
cess, essentially protecting the revenue, of which a
certt'in Commissioner Plunkett had declared them
to be the " safeguards ;" that their offices had been
turned over to a body called the " Excise Police,"
who did receive pay, and various other advantages,
het who dial not so effectually serve the interests of
the revenue as these displaced memorialists had done.
We really know nothing whatever of the merits of the
above parties, and do not like to trust the informa-
tion conveyed to us in an ex Parse statetretit, by
no means remarkable for the calmness with which it
has been written. It appears to us, however, that
the claims for compensation to dismissed officers
have been very often complied with, to an extent
stereasonable in itself, and extremely oppressive to
the public, These gentlemen, by their own show-
ing, had received no salaries : from what p.aetiees,
tlcrefore, had they drawn their revenue while in
%Are, and on what definite scale or principle could
compensation be awarded ? Must the proceeds of
every still-hunt be brought to book aril investigated?
We euspeet that as the Duke of Wellington, who is
proverbial for an nit:lost excessive punctuality in
such matters, has ;lot yet replied to the memorialists,
his Grssce may be in possession of facts which do not
aelvsar on the face of their remonstrance.—Times.
• Next to the snaking of good laws, the administer-
ing them, in such a manner as to obtain the conif-
tisnee of the people, is the first object of a wise Ge-
sernmecit. It is not enough to put a good law On
the Statute-book; to devise the means of effectually
carrying it into execution is a no lees important part
f the duties of the Legislature. The benefit of an
excellent system of laws may be counteracted by an
iniudicious mode of reducing them to practice; in
which ease the disrespect which the people are led
to entertain Cot the administration of justice will at-
tach to the laws themselves, This has long been
exemplified in England, where good laws are brought
isles disrepute by one of the worst systems of prac-
tice ever invented, 'When we speak of good laws
'we allude only to the civil jurisprudence of the
country, fur the criminal code is a reproach to a ci-
vilized age—nor do we mean to say that our civil
velem might not be improved; but what we do
waive, is, that the laws which govern civil actions
ale, in general, founded on just and wise principles,
and yet are so administered as frequently to appear
neither wise nor just. What does this arise from ?
The practice of the Courts where fiction and forte
are allowed a most dangerous Intitude in defeating
sohsteential justice, and pleadings are so framed as to
*nerve little purpose bet to add to the delay, pro-
lixity, and expense of legal proceeding,. A
judicious and sound administration of the laws
would make justice equally accessible to the
rich and the poor; but the practice of our Courts
is eminently calculated to operate as a denial of
justice to all bet those who can afford to purchase
the luxuries of lift, of which law is one of the
most costly. ft is, indeed, a maxim of our law that
there is no wrong without a remedy; but the prac-
tice of our Courts makes it too often advisable for
those whose means are not very abundant to put up
with the wrong rather than go to the ruinous ex-
pense of purchasing the remedy. Justice, as well
as gold, may be bought too dear. For more than a
hundred years past there have been various attempts
made to reform the administration of the laws, by
making its progress cheap and expeditious, but, un-
happily, without effect. Public opinion has at length
become so loud and urgent upon this subject, that
Government has thought it expedient to hold out
promises of reform from time to time, and at length
to pledge the word of a King in confirmation of
retell promises, in a speech from the throne. Go-
velment have, however, submitted nothing to the
Legislature yet in the nature of a plan for the re-
fot mation of justice. Certainly, neither the Bill for
appointing a new Judge in Equity, nor that for ap-
pointing three new Common Law Judges, and for
demolishing the Welch Jurisdiction, which dispensed
justice on cheaper and more expeditious terms to
the natives of Wales than they can obtain it
under the English system, are to lie considered as
tn. asitres of legal reform. The only measure which
Las been heard of in Parliament this Session fur
the purpose of diminishing the delay anti expense
of law, and making justice more accessible to
those whose means are limited, is the Bill of Mr.
Brougham, who, in the midst of his many and
xrdwous professional and Parliamentary labours, has
iti:thrtaken a task which the Government was
pledged to perform, and which, as far as we are ac-
quainted with the outline of it, we think he has ex-
ecuted in a manner which ought to cause it to be
put to the test of practice without delay. The
lion. and Learned Member does not ask, in the
first instance, to make it a general measure ; but as
every innovation, however good it may seem a
iori, requires the confirmation which experience
alone can give to theory, lie proposes that it should
be first tried in two parts of the kingdom,. remote
from each piper; and then, if it answer the public
expectation, the provisions of the Bill can be ex-
tended to other places, as soon as the limits of
each juridical district shall have been defined. A
Bill, the object of which is to afford the means of
trying causes at as little expense, and with as little
delay arid inconvenience as possible to the suitors,
n ust be admitted to be framed upon a principle
which, if efficiently reduced to practice, must entitle
its learned author to the gratitude of his country.
We stated on a former occasion that the old County
Courts, before our Saxon institutions were broken
down to erect upon their ruins the Norman inno-
vations of the feudal system, were so contrived
and administered as to bring hoine justice to
every man's doer. The District Courts proposed
by Mr. Brougham's Bill are a different sort of
institution from what the County Courts for-
merly were, yet the principle is, to a certain extent,
the same. In the County Courts, indeed, the civil,
criminal, and ecclesiastical jurisdction were origi-
nally combined, but the District Courts are not to
have cognizance of any criminal business, nor are
they to interfere with the Ecclesiastical Courts, any
farther than by being empowered to try certain
cases of legacies. The Judge, who must be a ser-
geant-at-law, or a barrister of ten years standing,
and is to he called the Judge in Ordinary, is to sit
once a month, to try all such causes as are set down
for trial in different parts of the district. The juris-
diction of his Court will extend to the cognizance
of all actions where the defendant resides within
the district, and the cause of action, if on a debt,
don not exceed one hundred pounds—or on a tort
fifty pounds, and where title to real estate, tithe,
or by bankruptcy, or to toll, market, or other fran-
chise, does not come into question ; but it may try
all actions at law of all kinds, and to any amount, by
con.xent of parties. It will have authority to try, in
a summary way, small debts, not exceeding five
pounds, under similar restrictions, as to titles to
reel estates, &c., as in the case of actions to a larger
amount. The claims of legacy coming within its
jurisdiction are to be limited to 1001., which
will save much expense and vexatiori. to' per-
sons entitled to small legacies, and who are
obliged to abandon their claims, or proceed for
them according to the expensive anti tedious
process of the Ecclesiastical Courts.' Besides these
power., the District Courts will have authority to
try all matters at law or in equity, by way of
arbitration, the parties consenting. This provision
may prevent many a Chancery suit, which might
end in the ruin even of the victorious party. They
will also have authority to hear and advise on all
disputes, by consent of parties, with a view to
reconcilement—an excellent provision, and calcu-
lated to prevent much litigation, both at law and