The Sun.
London, England, 1865-10-06 00:00:00

LONDON, FRIDAY, OCTOBER 6, 1865.

The Social Science Congress was held at Shef-
field yesterday, and the opening address in the first
department was delivered by Sir R. J. PHILLIMORE,
President of the Section. The subject was juris-
prudence and the amendment of the law, which
title, he truly declared, afforded them a wide scope
for dissertation. We are by this means enabled to
consider the terms in their full significance, and
inquire not only into what is law, but into what
ought to be. This is a subject which nowadays
engrosses a large share of attention, and non-pro-
fessional as well as professional persons have de-
voted much time to the matter, -that in truth is one
of vital import. It is emphatically mentioned hero
that philosophy requires the facts which juris-
prudence supplies, and that jurisprudence needs the
aid of philosophy to marshal the materials thus
afforded. The theoretical and practical jurist
should not be divided, for theory without a treasury
of facts is au idle pastime, and practice without a
knowledge of principles is a blind mechanism.
Sir R. PHILLIMORE declared that meetings like
those which then called them together were of great
utility in many ways. This remark is very true, and,
indeed, so numerous and important are the advan-
tages that accrue from them that it is not surprising
this movement of the Social Science Congress has
received such constant support, and progressed so
satisfactorily. Free discussion is thereby promoted •
to a great degree, and the interchanging of opinions
thus afforded enables the inquirer to sift the subject
under notice thoroughly; and, besides these benefits, '
an opportunity is
given of studying the different
forms observed in other lands, and comparing them
with our practices. Aluch may be learned
with advantage to all parties by these com-
prehensive investigations, and the Advocate-
General went so far as to say that the
international character of the meeting might per-
haps hasten the advent of that day, "foretold by
the great orator and statesman of antiquity, when
a general observance of the same principles of law
upon the chief subjects affecting the wants and in-
terests of humanity shall help to bind together the
nations of the earth in the bonds of unbroken
peace." One feature of the American war was
adverted to with satisfaction by the learned gentle-
man, and that was the respect paid to the code of
• international law" during, the constant repetition
of the disputes arising from the debateable belli-
gerent rights ; and had there not been some such
,tandard for both sides to measure their conduct by
a long and sanguinary war might have occurred.
After all that has been said and written on the
subject of the law, and the many discrepancies
which the most eminent writers have shown to
exist in its workings, it is not likely that the truth
of Dr. PIIILLI3IORE'S remarks will be gainsaid,
when he says that the present system of juris-
prudence and legislation in England is capable of
great improvement. It shows, indeed, something
1 exposition of the matter
very wrong when an ab.e
declares that the state of things at present permits
the " laws of a country, teeming with wealth and
population, to be scattered over thousands of
volume;, of reports, and more thousands of sta-
tutes." Surely the Co sense of aii must tel
them that this is mute
y alike =worthy of all

reputation and injurious to our interests. A code
of laws will be the only thing to remedy the many
deficiencies and discrepancies that we daily witness
and deplore. A " digest," states Sir R. Pilau-
11011E, is the necessary preceder of a code, for the
former is a collection of materials out of which the
house is to be built. It is well known that great
prejudices will have to be overcome, and hosts of
objections are sure to be interposed; but still, with

I perseverance, it may be possible to attain au even-
tual success to the work of progress. As Sir R.
PHILLIMORE remarks that if it has been shown that
the fusion of the now separate jurisdiction of law
and equity be desirable and judicious, who can
doubt that its accomplishment is only a ques-
tion of time ; " that it is as certain as the
triumph of any other sound principle relating to
social progress in this free country." It is quite re-
freshing to find one in so eminent a position is the
Advocate-General thus lending his powerful sup-
port to the proposed changes which promise so
materially to amend the existing state of the laws
of this country.
The observations made in this discourse upon
the advantages derivable from the study of foreign
law are most excellent and worthy of all attention.
There have been some who raised objections to this
course on the ground that it would injure the na-
tive character of all justice ; but these cavillers,
as it is well said, are "no more to be
reasoned with than those were who thought that the
study of MICHAEL ANGELO and RAPHAEL would
destroy the native excellence of our indigenous
painters, and such persons there have been."
Another fine passage in this address is that in which
the speaker dilates upon the absurdity of treasuring
up the errors of a system as an integral part of its
existence. Weeds spring up on the fairest soil, and
the earth accumulates over the noblest monuments
of architecture ; but only ignorance can conceive
that such adjuncts are necessary and should be pre-
served, and thus the " errors that spring up round
all human institutions must be from time to time
cleared away, and the inheritance preserved and im-
proved."
Sir R. PHILLIMORE made some remarks upon the
subject of our convicts, and stated that their treat-
ment was one of the most difficult themes which our
Legislature could debate upon. The object of all
prison discipline is ably summed up here as that
course which should allow room for hope and
grounds for improvement, that the door of reforma-
tion may not be hopelessly closed upon the offender,
for if the convict goes into prison he has also to
come out ; and, therefoae, due regard should be
paid to his future chance of amendment. At the
conclusion of this eloquent address the learned
gentleman alluded to the motives which should in-
spire and animate all who labour for their
country. "It has not been permitted to many," said
he, "as it has been to an illustrious President,
to witness the reaping of the harvest he has sown.
Yet let no man be discouraged," he went on to say,
"if he has honestly done his best for his fellow-
men, like ROMILLY, MACKINTOSH, and GRENVILLE,
he may never see the result of his labours ; but if
the outward man perishes, the thought which he has
uttered for the benefit of his fellow-citizens survives,
the lamp which he has kindled is not extinguished,
but passed on to other hands for the future welfare
of mankind ; and, perhaps, there are not many re-
flections more soothing to the close of life than the
recollection that you have used the talent which
GOD has given you in the endeavour, however hum-
bly, to improve upon earth the administration of
that justice which is only perfect in heaven."

The great political question which is at present
agitating the United States still remains undecided,
and the arguments on either side are being urged
with unremitting energy. The problem as to the
future position of the negro, the question whether
or not he shall enjoy the right of suffrage is perplex-
ing enough to occasion a good deal of discussion in
older and more settled countries. It is surrounded
with difficulties, and is one of those cases in which
theory and practice, principle and expediency, are
entirely antagonistic. They are so at least outwardly.
So far it may fairly be doubted whether there be
any real principle involved. The advocates of
negro suffrage fall back on the right of the governed
to have a voice in the formation of the laws, the
political equality of all men, and the free constitu-
tion of America. These arguments are especially
powerful in a land of universal suffrage and radical
tendencies, but they are not without their answer.
Even universal suffrage has its limits ; children and
minions are not admitted to its exercise, and the
negro is certainly nothing more than a child.
Whether he may not hereafter be admitted to the
full privilege may well be asked, but the wholesale
gift of political equality to an ignorant and de-
graded race, ignorant and degraded through the
fault of others, but still suffering from the inevita-
ble consequence, is a very different thing. It is
not the mere question of the black skin or the white
skin that is at issue: it is the probability that the
negro will be under the influence and dictation of
his professed political leaders, and that whenever
it is thought desirable to carry on extreme radical
measures recourse will be had to the negro element
to secure it. By this means the old ill feeling between
white and black will be intensified and perpetuated
a new element of discord and confusion will be
introduced into the already stormy arena of Ame-
rican political life, while it is more than doubtful if
the negro himself would gain by the measure. The
blessing of freedom has been bestowed upon him
with an abruptness and a suddenness which have
gone far to rob it of its benefits, and in the same
way his unreflecting well-wishers are anxious to
elevate him at once to full possession of political
rights -without considering how far he is fitted for
their exercise. Education and independence are the
two great needs of theblack man at present. It is use-
less to talk about political equality to men who have
to draw rations from public offices for their livelihood,
while certainly to confer a vote on a man who
refuses to work for his living would be something
like conferring the franchise on the inmates of our
unions. The Government has certainly a very
difficult part to play with the negro. If it leaves
him to himself, sickness and death, starvation and
misery are the result of casting loose on the busy
pushing world of American life a people as helpless
and as
dependent as a flock of sheep. On the
other hand, if it secures provision for his wants,
he finds idleness too congenial to his temperament
to trouble himself much about finding work. In
Louisiana the effects of the double change of losing
the negro labour, and of supporting a host of idlers,
is shown with considerable force. The State has
nearly the same population of labourers as it had
before the war, but the products are reduced from
400,000 hogsheads of sugar and 1,000,000 barrels
of molasses to 8,000 hogsheads and 10,000 barrels,
besides a similar reduction in the number of bales
of cotton. The army of freed men wander about
the country begging and stealing, or supplied from
the Freedmen's Bureau. The President, who has
sense and shrewdness enough to see how inimical
this state of thingsc
vigorous deter-
mination, must prove to the best interests
of the country, hasmith haarcteristic
initiation, resolved to introduce
moved all the officialsbut ne
, a
lad chhaas ndacec ed hwa s
rr
ee
c„-sntruet tlie state on the saran principle tLit the
other States have followed. Maitars rule is to be