The Sun.
London, England, 1865-04-18 00:00:00

SPIRIT OF THE PUBLIC JOURNALS.

" TrsiEs."—The electors of Rochdale have creditably
discharged a trust of which they had reason to bo proud.
If they have not returned a representative capable of tread-
ing in Mr. Cobden's footsteps, they have at least rejected
by a decisive majority one whose election would have been
downright treason to the memory of their late member.
Mr. Brett, wo believe, is a highly respectable man, and a
lawyer of some eminence, but the consummate audacity of
an avowed Tory aspiring to fill Mr. Cobden's seat deserved
a severe rebuke. There are times and places for all things,
and certainly the week after the great Reformer's death
was not the time, nor was Rochdale the place, to choose for
an Anti-Reform demonstration. The ten-pounders of
Rochdalo were told, without much exaggeration, that the
eyes of Europe were upon thorn ; certainly those of the
English public watched their proceedings narrowly, and
for the occasion they were invested with an influence not
unlike that of the " prerogative tribe" at Rome. The de-
feat of Mr. Potter, the friend of Mr. Cobden, by a stranger
of Ultra-Conservative views would have startled the whole
country and been accepted as an omen for the General
Election. How the example of one constituency operates
upon another, why the success of an obstructive politician
in a northern borough should induce even a wavering
Liberal to vote for another obstructive in a southern
borough, wo do not profess to explain. The fact, however,
is certain, and it suggests a laxity of political convictions
among tho classes already enfranchised which may housed
as an argument either for or against a large admission of
others to the suffrage. Rut Rochdale has done its duty
and elected a man after Mr. Cobden's own heart. It
must be admitted that Mr. Potter is too robust a Liberal
for the nerves of some of us; that he calls himself an "ad-
vocate of human progress all over the world ;" talks of
" going for democracy ;" and reads solemn lectures to the
British aristocracy on the humiliation of their order in
America. This language does not impress us with im-
plicit faith in his wisdom or statesmanship ; but dis-
ciples of Mr. Bright can hardly be expected to spout
milk and water on the Rochdalo hustings, and Mr. Potter
is not too old to learn moderation with an increased sense
of responsibility. Though a comparatively untried man,
he is much respected among Liberals of the advanced
school, and, as the successor of Mr. Cobden at Rochdale, ho
may be recognised as the right man in the right place. It
is somewhat remarkable that at such a moment a most
popular candidate, backed by Mr. Bright, seconded by Mr.
Ashworth, and claiming to have " enjoyed for some years
the closest intimacy with Mr. Cobden," should have polled
after all less than half of the votes on the Rochdalo re-
gister. If Dod be a trustworthy authority, more than 250
electors must have abstained from voting on either side.
It is well known that incontests for metropolitan boroughs
the proportion of neutrals is much larger, and Mr. Hare
states in a recent letter to one of our contemporaries that
it amounts to nearly half of the constituencies. By way
of remedy, he proposes an ingenious scheme for making
the exercise of the suffrage in the metropolis " a far more
interesting duty, as well as a more valuable right, than it
has been generally felt or considered to bo possible that it
could become." Into the details of this scheme, which Mr.
Hare calls very simple, but which appears to us highly
visionary and complex, we shall not enter at present.
Suffice it to say that ho aims at appropriating the 22 me-
tropolitan seats (including Middlesex and East Surrey) to
the most eminent men in politics, science, literature, mili-
tary or naval service, and mercantile enterprise, and that
for this purpose he would make all Middlesex and part of
Surrey one great electoral body, and place a long list of
distinguished candidates before every voter. Whatever
may be thought of the proposed organisation, there can be
no question that many aro now excluded whose counsels
would be of the highest value, but we aro not so sure
that they aro men whom largo constituencies would de-
light to honour. Having before us examples of the qua-
lities which find favour with the mass of voters in those
boroughs, we should not like to predict too confidently
that the greatest intellectual or practical capacity, with-
out local interest, would meet with appreciation. Solid
obstacles, more or less obvious, contribute to bar the access
to Parliament against such men. In the first place, they
aro seldom rich, and a liberal expenditure of money touches
feelings a great deal more universal than a patriotic ambi-
tion to make the House of Commons a true Wittonagomoto.
Mr. Bright boasts, perhaps justly, of the purity and public
spirit of Rochdale, but he throw in a judicious allusion to
Mr. Potter's open-handed generosity. The ruinous ex-
pense of contested elections does more than anything else
to deter rising men from coming forward, and to lower the
average of ability in Parliament. Then, how is a great
constituency to discern Parliamentary qualifications in
young men, and how aro men already past the prime of
life to retain the elasticity and acquire the experience
necessary for great Parliamentary success. This is one of
the greatest difficulties, since it arises out of the nature of
things. In the good old days the first Lord Holland, both
the Pitts, Burke, Canning, and Huskisson entered the
House of Commons with very slender incomes, and were
educated, so to speak, within its walls. We should rejoice
to see an equally discriminating patronage of merit in the
wire-pullers of populous boroughs ; but wo confess that it
has yet to bo displayed. Mr. Potter may or may not be
the coming man, but it was his Lancashire connection that
rallied the Rochdale Liberals, and even this could not rouse
a large body of voters from their apathy. The principal
and the most satisfactory cause of this phenomenon,
which is mistaken by many for a Conservative reaction, is
simply that just now we have no serious question to fight
about. There may or may not be great anomalies in our
political and social state, but there are no crying grievances,
and the present holders of power honestly consult for the
most part the interests of the whole community. Why,
then, should Lord Palmerston be preferred to Lord Derby,
or even Mr. Potter, who goes far beyond the former, to
Mr. Brett, who lags far behind the latter ? Only because
those who have carried out and supported great reforms
in the past aro for that reason more likely to understand
the future. It is easy for Mr. Brett to see the truth of Free
Trade, when it has been carried in spite of what Mr. Bright
sails " all the Mr. Bretts in the world ;" but the presump-
tion is that he would exhibit a similar blindness to the
merits of the next question of the same kind which may
present itself. It is not the business of any Government to
be creating now problems for solution, but its business is to
solve those which arise, and for this task the real Tory
seems to want perception. A great deal of cant has been
talked about "progress, " but there is such a thing after all,
and those whose lives have been spent in putting on the
drag aro not likely to ply the whip effectively when re-
quired. There are some signs, indeed, of a progressive
Conservatism, as it is miscalled, which casts off the ob-
structive traditions of the past, and is absolutely unpledged
as to the future. Should this creed ever be embraced by
the leading members of the party now in Opposition, a
coalition of parties or a fresh division on now principles

-
might ensue, but Mr. Brett's typo will have neither part nor
lot in such a change of policy.
DAILY NEWS.—.The decision of Judge Smith, of Mon-
treal, in tho case of the St. Alban's Raiders, has been con-
demned in this country both by the official and by the inde-
pendent press, as incoherent in its reasonings, false in its
conclusions, and thoroughly partisan in its temper and tone'
The Judge gave, it will be remembered, among other
notable reasons for refusing the surrender of the prisoners,
this--that the Extradition Treaty, under which they were
demanded, was at an end. In the earlier reports which
reached this country he was said to have ruled that the
treaty had ceased to be of force, owing to a decision pro-
nounced in the United States. According, however, to the
Montreal Herald, ho said:thit political changes—i.e., seces-
sion—in the United States, had annulled the Ashburton
Treaty. It is a pity that the learned gentleman did
not reflect a little upon the consequences which naturally
flow from his decision. Not, indeed, that the plain direc-
tions of the law aro over to bo wrested for the sake of con-
sequences ; but a little foresight might have made the
judge distrust his individual judgment. If Judge Smith
had not boon in so great a hurry to release the prisoners
he would probably have remembered that the judges of the
Supreme Court had just before recognised the validity of
the treaty, by surrendering Burley according to its provi-
sions. He would also have remembered that a Judge has
to administer statutes and not treaties. The Ashburton
Treaty was nothing to the Courts until a law was passed
to give it effect. The statute remains unrepealed, and our
Mullers will understand that they aro still liable to extra-
dition when fugitives in the United States. Much more
important is the decision of Judge Smith that a military
commission from a Government covers the offences of rob-
bery and murder on the part of its bearer from the eyes of
neutrals. Strictly speaking, Judge Smith has no more
power to establish this proposition as a matter of law than
he has to decide on the validity of the treaties, and his
private opinion is of importance to nobody but himself.
But, practically, as wo have seen, he can set free on that
ground prisoners charged with robbery, and can deprive
the executive government of his country of an opportunity
of obtaining the opinion of a Superior Court by way of
appeal. It was surely by an oversight that provision was
not made in the Canadian law for such a case as has just
occurred. If Judge Smith had pronounced an opinion
unfavourable to the raiders they would have declared the
law as it applies to their case. As they have been acquitted,
the Canadian Government has been obliged to resort, lf
we may believe the telegrams, to measures which, although
no doubt strictly legal, have the appearance of straining
the law against the prisoners. After their discharge by
Judge Smith the men were re-arrested, and are to be tried,
according to one account, at Toronto under a new demand
for extradition ; according to another, for an offence against
the British Crown by infringing our neutrality laws. It ie
certainly desirable that some means should be taken for ob-
taining a plain and intelligible deliverance of the Supreme
Court upon the question whether military commission
covers the responsibility of a person who commits acts like
those laid to tho charge of those raiders. For, consider
what they did :—they left Canada in the guise of peaceful
citizens ; they went to St. Alban's, put up at an hotel there,
and having staid several days, went out one afternoon, and
in five minutes afterwards wore in all the banks of the
town holding pistols to the breasts of the clerks, seizing
the money in their charge, shooting down and killing thos°
who demurred to their demands, after which they fled on
stolen horses over the Canadian frontier. Judge Smith
says that this is not an offence for which the men may hn,
delivered up, inasmuch as they were belligerents, and bon
a commission. If it could be shown that this is the law we
should all be ready to abide by it. Whether we should
allow the law to remain in such a state is another ques-
tion. In the meantime, the Government of the United
States watches these changing phases of the case with
much interest. It has made a formal demand for extracli"
tion, and it would be difficult for it to acquiesce in a refu-
sal avowedly founded on the principles of Judge Smith
judgment. At the same time, it looks to the Canadian
Executive, and not to the courts--certainly not to the in"
ferior courts—of Canada, for an answer to its requisition'
A telegram informed us on Saturday that, in vie tt
of the action of the Canadian Government in prose-
cuting the raiders for breach of neutrality, Mr. Seward
had announced his intention to withdraw the demand for
their extradition. On the other hand, the New Yorig
ministerial newspapers affirm that the Government of the,
United States will only believe that the Governor °I
Canada is acting in good faith when the order for extradi'
tion has been signed by Lord Monck. We suspect that
neither of these statements correctly represents the
atti-
tude which the United States Government has taken uPi
That Government must strongly desire the punishment of
the raiders as a warning that adventures like theirs eon-
not be undertaken with impunity. But it can make n°
difference to it whether that punishment is inflicted on Oa
or the other side of the frontier. According to information
which we believe events will confirm, the United states
Government has not withdrawn its demand ; but, having
full confidence in the good faith of the Canadian Exeon:
tivo, it has instructed those who act for it in Canada t'
carry on the legal proceedings under the Extradition
Treaty until the raiders aro prosecuted by the Canadian
Government for a breach of the Queen's neutrality. Whey
that takes place they are to suspend their proceedings, ant
only renew them in case of the failure or abandonment o
the prosecution by the Canadian Government. This soon!
to be a reasonable course, combining protection to the
legitimate interests of the United States, with a fair defree
of consideration for a neighbour acting, as the Canaco6a
Government has done, with uprightness and sincerity.