The Sun.
London, England, 1853-05-12 00:00:00

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THE WEATHER.—SLTN OPFICK, MAY 12.
THRRIIOXIETICR, IN THE SIIA.DE.
55—highest since noon yesterday.
42—lowest this morning and during tho night.
57 this day at stool.

BAROMETER, 30'05.
Wrxr), E.N.E.—Sharp breeze, and sunshiny weather,
*with elands.

WI) t

LONDON, THURSDAY, MAY 12, 1853.

It is observable from the statistics of the annual
mortality furnished by the Registrar-General, that
the most critical age of man is—Sixty-Three.
Why it should be so, it were perhaps difficult to
decide. But so it is, and so it continues to re-
main a problem baffling the elucidative powers of
the physiologist. Its solution may be traceable
possibly to the mystery of numbers ; or it may
be arrived at through what has been aptly termed
the metamorphosis of the tissues—one of the most
surprising of the many marvels making up the sys-
tem of the animal economy. However it may be
—there the fact is perpetually before us, in the
Doomsday-Book of Death, that momentous re-
cord which is being published ever and ever, leaf
by leaf, in periodical instalments. An average
proves beyond the reach of doubt, that the sixty-
third' year is the most critical age with the gene-
rality of individuals. Philosophy shows us that
every seventh year the human frame, even to the
very marrow of our bones, is entirely renovated.
Whether any peculiar crisis is reached on the
attainment of the ninth seventh, it were some-
what puzzling to conjecture. About as puzzling
as it would be to attempt anything like a distinct
estimate of the relative value of the numbers
involved in the matter under discussion. As we
have already remarked, the only certainty in rela-
tion to the subject, as shown by the incontestible
evidence of statistics, is the fact that the sixty-
third is our most critical anniversary.
Without any question, it would be altogether
frivolous to place under this head within the same
category, not only men, but institutions. Our
conduct in doing so would, of course, be merely
idle and preposterous. Yet, remembering the
rather formidable coincidence of the crisis, as it
occurs to man, it is satisfactory (at least, to our-
selves) whenever we see the perilous interval
posed by in safety, by institutions in whose ex-
istence our sympathies have become in any man-
ner interested.
Recently it has so occurred in reference to the
Literary Fund,
now firmly established as a Royal
Corporation. Yesterday witnessed the sixty-
fourth anniversary of its foundation. The event
was, naturally enough, celebrated, according to
custom, by a public dinner at Freemasons' Hall—
on the
a banquet presided over,
present occasion,
by the Right Hon. BEN.ramix DISRAELI
s
Those
intrusted with the managern
ent of the institution
could scarcely have made
a happier n
selectiontitution
tn
under the circumstances. Encouragement
fortunate and desponding men of letters, was ob-
viously implied by the nomination as chairman
over the proceedings of last evening, of a rasa
who has iisen to power simply through the influ-
ence acquired by aid of his intellectual achieve-
ments—one who ultimately became a Ministerial
adviser of his Sovereign, by the exercise of those
Capacities which first gained him a name in litera-
ture—one, in fact, who presented to the world in
his own proper person, the unprecedented pheno-
menon of a novelist gazetted as Chancellor of the
Exchequer. Remembering the career of Mr.
Dimum—remem bering it even under the lurid
and distorting light thrown out by the malevolence

of the Edinburgh--remembering it through all
the derision of the Times, and all the spite of the
Post, and all the sneers of the Chronicle—we re-
peat, that substantial encouragement was afforded
to men of letters by the instalment as Chairman
of the Literary Fund, this year, of the Right
Honourable Gentleman the leader of Her Majesty's
Opposition. It was appropriate, moreover, that
he should have won his way to that position, that
he should have been selected to preside over the
anniversary proceedings of the Literary Fund
Dinner—himself a Scholar, and the son of a
Scholar—himself a labourer, and the descendant
of a labourer, in the beautiful fields of polite
literature. As he intimated in the course of his
remarks last evening, many years have elapsed
since the rise of the very institution over
the anniversary banquet of which he himself was
then presiding, was watched over with peculiar
solicitude by his father, then in the first glory of
the popularity which has now ripened into a
classic the " Curiosities of Literature." It was
just, therefore, and graceful, that what was
tended in its infancy by DISRAELI the 'Elder,
should be commended in its maturity to the in-
terest of DISRAELI the Younger. It is impos-
sible for us not to admire the tone evidently
adopted throughout the remarks to which the
latter yesterday gave utterance, when speaking
of the band of authors, to him a veritabl
brotherhood. That such was the feeling whtcl
pervaded his allusions to them and their attendant
difficulties last evening, is to us, we repeat, suffi-
ciently evident, although we have listened to
them, not warm from the lips of the speaker, but
cold and faint, through the subtile but inadequate
echo of the stenographer. It is impossible, in-
deed, after carefully perusing, as we have done,
the speech delivered yesterday at the Literary
Fund Dinner by the ex-Chancellor of the Ex-
chequer, not to admire the gentle and tender
appreciation evinced by him of that class among
whose honoured ranks he himself had first grasped
the guerdon of a reputation. No one but a man
who had himself struggled in that noble contest
for celebrity could have commented as Mr. DIS-
RAELI commented last night upon the inner life,
upon those hidden casualties and secret pangs
which impede from time to time, unknown to the
generality; the solitary labours of the student of
literature. No one but a man of literary experi-
ences ,could have referred in terms of such deli-
cate and refined sensibility to those intervals
when, the charmed public eagerly expecting to
witness a repetition of the spell it had found
fraught with fascination, " Nature might whisper
to the author that the brain which had been over-
worked should lie fallow, and that the frame
which had trembled with agitation required for
its nerves repose and stillness"—intervals which
the orator afterwards finely designated " those
great patisesiwhich are the universal appanage
of imaginative minds." Everything through-
out that speech of the evening, the speech
in which the Chairman proposed as a
toast, " Prcsperity to the Literary Fund, and
the health of its President, the Marquis of LANS-
DOWNE," everything in it, from first to last, ap-

pears to have demonstrated more and more clearly

the app:ropriateness of yesterday's proceedings
being presided over by a man liko Mr. DISRAELI
—a man. who has proved himself not only a
writer, but a statesman, not only an essayist,
but an orator, not only a novelist, but a financier,
the author of " Coninguby," and the Leader of

her MAJ "ZSTY'S Opposition.
Altovther the interesting festivities of last
evening i Freemasons'-hall, could not it would seem
have pas E;ed. off more satisfactorily. Among the
toasts pry: posed, we are surprised to observe one
remarkable omission—that is to say, supposing
the repot t given to be scrupulously accurate.
There wet •ct toasts such as "Professor CREASY and
the Historians," proposed by Lord STANLEY ; or
as " Profs !ssor AYTOUN and the Poets," proposed
by Mr. RIGBY SEYMOUR ; or, again, as " Justice
HALIBURT ON (Sam, Slick) and the Essayists," pro-
posed by- Lord JOAN MANNERS. But with the
witty au.thor of the " Chronicles of Clover-
nook," in the apartment, there was no toast of
" DOUGLAS JERROLD and the Novelists." At

any rate; we can perceive no such toast in the
report of last night's proceedings. And we are

the more surprised at the omission, because we
remember it to have been once remarked by the
Chairman of the evening—if we recollect rightly
the thought occurs somewhere in " Contarini
Fleming"—that prose fiction has latterly taken
the place of poetry, or rather that the true poet
of this age is—the Novelist. Besides, some
tribute such as this was due, we conceive, under
the circumstances to a popular writer like DOUGLAS
JERROLD, to say nothing whatever about the toast
here suggested being in a singularlygraceful manner
complimentary to the Right Honourable Gen-
tleman in the Chair. Excepting this single
hiatus, we can detect nothing in these fes-
tive proceedings of last night at which the
most captious could cavil, or at which the
most phlegmatic could carp. The dinner of
yesterday, in short, yields admirable augury for
the future prospects of the Literary Fund—to
ourselves, and no doubt to many others likewise,
the most interesting among our great eleemosynary
establishments.

The Commissioners appointed to inquire into
the process, practice, and system of pleading in
the Superior Courts of Common Law have pub-
lished a second Report, an analysis of which
appeared in our impression of last Monday. It
is a well-considered and carefully-formed docu-
ment, containing many valuable suggestions and
recommendations for the further improvement of
the procedure and practice of the several tribunals.
With the majority of these recommendations, we
fully coincide ; and we trust that they may be
speedily brought into practical operation by
a judicious extension of the Common Law Pro-
cedure Act.

The first point adverted to by the Commis-
sioners is the " Trial by Jury." They review
with great acuteness the various argu-
ments as to its comparative advantages
and disadvantages with the existing system.
The conclusion at which they arrive is favourable
to that which has long been considered the
" Palladium of English liberty," stating that,
" whilst they feel that there are cases in which a
jury may be advantageously dispensed with—as,
for instance, in matters of undisputed facts, and
where the question turns upon the legal effect of
evidence—they do net feel themselves warranted,
except in cases of account, to recommend that it
should be dispensed with ;" adding, that " on the
whole it works well, and enjoys the confidence of
the public." We believe that there are few per-
sons who will not concur in this view of the case,
or in the slight modification suggested by the learn-
ed Commissioners, viz., that while Trial by Jury
constitutes the rule, it may be dispensed with, and
the issues of fact, as well as of law, left to the
decision of the presiding Judge, but only with the
consent of all parties. While every litigant, there-
fore, is entitled, ex debito justitice, to the judgment
of twelve of his peers, he may, if his opponents be
also willing, leave all matters in dispute to the
judgment of the Court, without the delay or ex-
pense of impannelling a Jury, or subjecting men
of business to the great inconvenience of absenting
theniselves from their counting-houses, at the
greatest possible inconvenience to themselves and
their customers.

There is a class of cases such as are not fitted for
investigation before a jury. Loud and well-
founded complaints have been repeatedly put for-
ward by Judges and Juries at the time of the
Court being most uselessly and vexatiously wasted
in investigating matters of mere account that
could be far more easily settled, and at a tithe of
the expense, by an accountant or arbitrator. The
usual course iu such cases is, after all the expenses
have been incurred, when several voluminous
briefs have been prepared' and delivered, with
heavy fees to leading counsel, to merely open the
question ; and then, at the strong recommenda-
tion of the Judgesometkies. approaching to
judicial coercion—to refer' the matter to the
arbitration of some barrister nominated by the
Judge or selected by the parties. Nothing save
the public time is saved by this practice. Even
the Court fees must be satisfied, including, if in

the Exchequer, a gratuity to the Lord Chief
Baron's coachman. The Commissioners now pro-
pose that such matters should be referred, in the
first instance, and without the ruinous cost and
vexatious delay at present inevitable, either to one
of the Officers of the Court, a County Court
Judge, or an Arbitrator chosen by mutual con-
sent, upon whose report judgment may be entered
as upon a verdict. This will, indeed, be a boon
to a certain class of litigants, and is so obvious an
improvement on the existing system, that it is
only astonishing that it has not long since been
resorted to.

Another great and much-required amelioration
contemplated by the Commissioners is an altera-
tion in the qualification for Jurymen, which is to
be made higher than it is at present. An admixture
of persons of the class from which Special Jurymen
are taken is also recommended, so as to secure a
superior degree of intelligence in every case with-
out the expenses incidental to the services of a
Special Jury, which can, however, if desired, still
be obtained in the same manner as at present—
the practise in that respect not being in any
degree interfered with.
Another, and a very important question, in
reference to the Trial by Jury, is that respecting
the "unanimity" now required, and the sugges-
tion for assimilating the practice to that in opera-
tion in Scotland, where the decision of the ma-
jority is binding. On that point the Commis-
sioners very properly consider that the present
rule, requiring unanimity should be main-
tained. And they ground that opinion on the
facts, that the verdict of a mere majority
would fail to give satisfaction, inasmuch as the
consciousness that a portion of the jury were in
favour of the defeated party would materially in-
crease his dissatisfaction at the result, and would
probably lead to renewed litigation, while every
divided verdict might be urged, and not unrea-
sonably be entertained, as a very strong ground
for obtaining a new trial. One of the chief ad-
vantages of unanimity is, that it insures a full
and complete discussion and consideration of the
evidence offered in all its varied aspects, and that
the minority, in place of at once yielding, as they
would most probably do if the expreision of a sim-
ple dissent removed the responsibility of be-
coming participators in an erroneous verdict,
will be enabled to resist conclusions from
which they feel themselves bound in con-
science to dissent. One great evil is, however,
noticed, and an adequate remedy suggested.
The Commissioners naturally feel that verdicts
should no longer be obtained by coercion. That
every proper accommodation and necessary refresh-
ment should be allowed to Jurymen during their
deliberations ; and that the health of gentlemen
who may honestly differ as to their final verdict
should no longer be injured, perhaps their lives
endangered, unless they are prepared to violate
the solemn obligations they have taken. We
have heard the old adage, that " Wretches
hang that Jurymen may dine," and there
was, unfortunately, but too much truth con-
tained in the apophthegm. It is notorious that
the necessary agreement is occasionally obtained
in consequence rather of the " exhausted
powers " than the honest convictions of some of
the Jurors. It is also suggested that—unless
the Jury require further time, and state that
there is a probability of agreement—the period of
deliberation should not exceed twelve hours, which
is amply sufficient for the consideration of the
issues submitted for decision in all their varied
aspects. After that time, it is proposed that the
Jury should be discharged, leaving it optional
with the parties to try the cause again with a dif-
ferent Jury.
We have thus stated the views of the Commis-
sioners in reference to Juries—the most important
point of any on which they have reported. We
shall take another opportunity of considering the
other recommendations, which, with few excep-
tion, are of a very important character, and de-
serving of attention and respectful consideration.

It is striking to observe how ready the House
of Commons is to deal with one class of electoral
matters, compared with its vacillation and per-
plexity when obliged to vote upon another class.
Ropositions to amend our constituencies can be
got yid of with ease by withdrawment ; even a
division is not needed. Mr. HUME, the Nestor of
the _Radicals, backed by younger and earnest co-
adjutors, could be of one mind with Lord JOHN
RUSSELL in requesting Mr. LOCKE KING to with-
draw his indubitably excellent motion for the ex-
tension of the franchise in counties to 101. house-
holders. Not a word can be said against the pro-
posal, but the comparative independence of the new
voters. They would not be under, not absolutely
under, the dictation of the great territorial land-
lords. This was Lord JOHN'S real meaning when
he spoke of the greatness of the change it would
introduce, and the prolonged discussion he should
see fit to raise upon it, if the House allowed Mr.
KING to introduce a bill. Therefore, as Lord
JOHN threatened it should waste the time of the
House, and as Reform was to be the Coalition
work of next year, even old and tried Liberals
agreed that county 101. householders must wait
the pleasure of her MAJESTY'S Coalition. We
think the Government ought to have supported it
heartily, as an earnest of something worth hoping
for next sprint, andas a guarantee so far of abetter
constituencyin the verypossible case of a dissolution
before a new Reform Bill. Had the Lords
thrown it out, yet the Government would have
stood immeasurably better before people gene-
rally, and that in supporting no merely clap-
trap measure. We do not blame the Liberals.
They knew they should damage their object by
persisting. We, however, have none of Mr.
HU3n's new-born faith in Lord Jourr's promises.
He has once more wielded his old anti-Reform
weapon, the wet-blanket, with his wonted success,
and we doubt not he is fully prepared to give
Mr. BERKELEY also, and his supporters, the be-
nefit of his cold-water cure on the 10th. Yes, the
House (for Lord JoHN is now the House) is quite
prepared to deal with every proposition of elec-
toral reform. It has ono course ready for all
such intrusions—Lord Joirres wet-blanket policy.

Not so, however, in regard to Election Com-
mittee Reports. It really hardly knows what in
the world to do with them. Nearly all the
motions founded on them are motions of pains
and penalties ; of pains and penalties for what
has been done in the spirit or in the letter by
neArly every Member in the House. Added to
this, in the case of many boroughs there is no
satisfactory evidence before the House as to
the extevit of the bribery, and the Mem-
bers are iv the awkward predicament of being
called on to vote in ignorance and doubt. Of course
Englishmen in such a case must give the benefit
of the doubt to the borough. It would be hard
indeed to risk disfranchising for the session a
whole honest constituency because of the corrup-
tion of a few voters. We want, however, some
better machinery, if possible, for working out the
entire facts of each case. _ _

Still more was it perplexed, and reasonably so,
with the motion of Sir JOHN SHELLEY to prose-
cute Sir FREDERIC SMITH for bribing JOSEPH
GREATHEA.D by procuring for his son the office of
a letter-carrier. No one will suspect us of any
merciful leanings to bribery in any form ; we con-
demn entirely Sir F. SMITH'S reported act. We
consider him really guilty of bribery, yet we must
ourselves have recommended the culprit to mercy.
There were, we must in all candour say, so many
things which mitigated the guilt of the man,
however wro.ng the thing. With Mr. DRUMMOND'S
amusing carfazture of the universal corruption
of Lords, Commons, and electors (we wonder he
did not include her MAJESTY), though we enjoy
his genial humour, Fe cannot sympathise. There
is, however, no doubcu that situations under Go-
vernment have come to be regarded as almost the
perquisites of Govenimmit supporters. Through-
out the whole kingdom, thet Liberals or the Con-
servatives expect to procure for their own man
even a walking post to a village, according as the
Postmaster-General is a Whig or Iv, Tory. Mem- '
bers of Parliament unquestionably expect to have
this humble patronage in their hands. We could
name instances in plenty. One is just now
before us, every way a perfect parallel to the
WELLS and COTSNLI, case, In ,America it is in-