The Sun.
London, England, 1854-02-16 00:00:00

A subject of the utmost importance to the
community, and closely connected with the due
administration of justice, was on Tuesday evening
brought under the consideration of the House of
Commons by Mr. J. G. PHILLIMORE, who obtained
leave to introduce a bill for the appointment of a
public prosecutor.
The Hon. and Learned Gentleman clearly and
distinctly pointed out" the impolicy and injustice of
allowing the machinery of justice to be put into
motion by private individuals, and permitting the
punishment of malefactors to depend in a great
degree on the feelings of the party injured, or, in
other words, on the " animosity, caprice, or re-
venge of the individual." In some instances
persons, although deeply and seriously injured,
were unwilling, and in others unable, to carry on
effieiently the necessary proceedings. In others
again there was an exhibition of spite and vindic-
tiveness, that clearly indicated that the prosecutor
was actuated by private malice rather than a zeal
for public justice. Here offenders escaped with
impunity—there again innocent persons were
persecuted with the most unrelenting animosity,
and subjected to the most serious injury. Accord-
ing to the theory of the law, the offence against
the individual was .merged iu that against the
community. The prosecution was carried on in
the name of the SOVEREIGN for the breach of the
public peace, but it was not conducted by the
SOVEREIGN through her responsible officers. No
—the QUEEN disregarded one of her most im-
portant functions, by delegating to a person, pos-
sibly of slender means and great inexperience,
the vindication of the majesty of the law. To
the loss previously 511StaiI1Cd, the injury previ-
ously inflicted on purse or person, was added the
expmse of bringing the offender to justice. The
lees for_ counsel and other money must he advanced,
in the first instance, by the party at any amount
of inconvenience, unless he contrived to find
a speculative attorney willing to take it up on the
chance of eventually obtaining payment to the
country. lii such cases, it is not the most effi-
cient man that is selected. The prosecutor natu-
rally chooses his own solicitor, who, although
well skilled in ordinary law suits, and perfectly com-
petent to conduct any matter in the Civil Courts,
may have had no experience whatever before the
criminal tribunals. The solicitor, in turn, bestows
the brief on his favourite at the bar, who is re-
tained, possibly, because lie is a good special
pleader, or what is termed a " black-letter lawyer,"
or, not improbably, because lie is connected
by blood or marriage with some member of the
firm to which the prosecution is entrusted. Any-
thing, in fact, is looked to rather than the quali-
fications of the counsel. Thus, we too frequently
find a prosecution of vast importance, involving
the nicest legal questions, conducted by au incom-
petent counsel, instructed by an incompetent
attorney. Need we wonder that, with "trio blind
thus leading the blind," the proceedings should
terminate in the acquittal of prisoners, respecting
whose guilt no rational doubt could be entertained,
and the law being brought into contempt and dis-
repute. It is true that prosecutions are often
conducted very efficiently, but it is a perfect lot-
tery whether it will be so or not ; and the doubt-
ful chance operates as the greatest incentive to
crime. Besides, the employment of private prose-
cutors opens a door for compromises very preju-
dicial to the best interests of society. It is moro
agreeable to the person to whom the QUEEN has
delegated her privilege and her duty to obtain
ample compensation for the injury sustained' and
the expenses incurred than to punish the offender.
Thus, then, there may be (and too often is) a
failure of justice ; and even when everything has
been efficiently andhonestlyconducted, the punish-
ment of the criminal is looked upon as an act of pri-
vate vengeance, rather than of public justice, and,
in place of feeling detestation for the crime, men
only smile at the folly of the criminal for not
making all straight with the prosecutor.
Why, again we ask, should the expense, or any
part of the expense, of the prosecution be suffered
to fall on. the party injured ? In return for his
contributions to the national exchequer, and the
surrender of a portion of his liberty, the State
undertakes to protect him in the enjoyment of his
remaining rights. If he be injured in person or
property, the State should act as the avenger, and
should bear the entire cost. What he gives up
should be regarded as the premium of assurance,
and should cover the entire loss. But this is not
so. We all recollect how a highly respectable
tradesman, who was plundered to a large amount
by a gang of swindlers, had his losses increased
by many hundreds of pounds in bringing the
criminals to justice, and honourably and patrioti-
cally refusing to receive the full restitution and
ample compensation that was tendered. The case
of that deeply injured, though deserving
should alone be sufficient to insure the
appointment so urgently required and loudly
demanded.

Again, we should get rid of the malicious pro-
secutions which are occasionally brought forward,
and which lead to subsequent actions in the
Conunon Law Courts. There should be no such
thing as a malicious prosecution possible. Nor
would there, if every accusation should be closely
silted and thoroughly investigated, in the first
instance, by a public functionary of skill and ex-
perience, who would ascertain the chances of a
conviction, and also whether the public interests
required that the law should be put in motion.
We should not then see bills Sent before a grand
Jury, not for a bona fide purpose, but with the
intent of extorting money, or obtaining some

The disfranchisement of boroughs is, as in 1832,
both total and partial. Nineteen boroughs, hav-
ing less than 300 voters, are to lose their single
Member ; but 33 other boroughs, having less than
500 voters, being bimembral, will retain one
member after the amputation of the other. Sixty-
two seats are thus left for re-distribution, making,
with those at present vacant, 66 in all. The
re-distribution is as follows :—Countios or divi-
sions of counties having a population of more than
100,000, are to have three instead of two mem-
bers. The West Riding of Yorkshire and South
Lancashire are to be subdivided ; and each divi-
sion being on the three member scale, and 38 of the
counties on the same scale also, there will be in
all 46 new county members. Nine towns of
above 100,000 inhabitants will also have one
member each added to their present two members.
The Inns of Law are to have two ; London Uni-
versity one ; Kensington and Chelsea one ; three
new borough constituencies one each, and the
Scotch Universities three—making, in all, the 66.
Of the franchise there are several extensions.
All persons are to vote in the place in which they
reside, whether in the county or in a borough,
who are 101. householders ; also all persons re-
ceiving a salary (not weekly wages) of 1001.
a-year ; all who have had 501. for three years iu a
Saving3-bauk, or who receive 101. a-year from
dividends in the Funds, Bank Stock, or India
Stock, and all who pay 40s. a-year Income Tax ;
we may add, all persons whom the rate-paying
clauses have disfranchised hitherto, since these
odious clauses are to be utterly abolished. The Bo-
rough Franchise is to be lowered to a 61. rateable
value, with the municipal requisition of three
years' residence, which will require that the as-
sessment throughout the kingdom be made on a
uniform principle. A person residing in a 101.
house is to be able to claim a vote after one year's
residence. The old Freemen are to be suffered to
die out ; none are to acquire qualification on that
ground after the lapse of two years. These pro-
posals, with the anti-bribery measures already
brought forward, and a second bill on Monday
night to render vacating a seat on taking office
under the Crown unnecessary, are the programme
of Ministerial Reform.
Our readers will know how much it falls short
of our wishes ; but our wishes were not the mea-
sure of our expectations, and we feel bound to
advise all Reformers to take what is offered them,
and to take it in good part too. Though the
extension of the suffrage is not all we could ask,
though the towns get but 14 of the members
which the towns have lost, and though free voting
is not yet made the sequel of Free Trade, the
Bill contains far too much good to be classed even
in thought with the last offer of Lord JOHN, and
is much more worthy to be called a second Re-
form Bill. In 1832 it would have aroused
almost as much enthusiasm as that measure did ;
and it is only because we have learned so much
from that measure itself that we do not look
upon it as a very liberal offer. The disfranchise-
ment, and even the ':partial disfranchisement, of
the small boroughs is worth accepting for its own
sake. It is of the highest importance to confirm
by a second decision the principle that pocket
boroughs are alien to the British Constitution.
We defer further remarks for the present—
though we cannot but add here, at once, that so
enormous a change in our whole system of repre-
sentation as that which would -accompany the
accordance of one member out of three to the
minority among the larger proposed constituen-
cies, requires on all hands the most serious and
deliberate, though, at the same time, of course,
the most impartial consideration.

SUDDEN DEATH OF CAPTAIN OLIVER, OF THS 30TH
REGIMENT.—By intelligence received yesterday from
Gibraltar, we hear of the death of Captain C. D. Oliver,
of the 30th Regiment, who died suddenly of disease of
the heart at Tangier, whence he had gone for a few days
on leave of absence., It is hoped that Lieut. Bayly, the
adjutant of the regiment, will at last succeed to the
vacant company, more particularly as he has been pur-
chased over so often. Captain Oliver was held in the
highest esteem by his brother officers, and his sudden
decease is sincerely deplored by the whole regiment.
PURCHASE OF BULLION.—It is stated, in a Parliamen•
tary paper just issued, that the aggregate of the sums
advanced from the Consolidated Fund in each year since
1837, for the purchase of bullion for coinage, has been
4,518,029/. /Qs. 41. The amount in each varies very
much without any apparent reasons to be assigned. Dur-
ing the year just passed the amount was 508,0291. 19s.
4d. ; the largest amount, with the exception of the years
1811 and 1845, in which the amounts were respectively
550,0001. and 850, 000/., in 1851 the amount was 150,0001.,
and in 185 ?. 100,000/.

MEDICAL. APPOINTAIENTS.—Mr. Henry Thompson, of
Wimpole-street, Cavendish-street, has just been elected
surgeon to the St. Marylebone Infirmary, in the vacancy
wicasioned by the decease of Mr. Stafford. Mr. J. L.
Li.v.ars has been appointed student in human and coin-
par.itive anatomy at the Royal College of Surgeons. So
severe was the competition for this appointment that the
couLteil awarded to Mr. R. H. Silvester a copy of the
valu able catalogue of the Hunterian Collection, with the
folio. wing inscription in each volume :—" Presented to
Henry Robert Silvester, M.R.C.S., of Clapham, by the
presi dent and council of the Royal College of Surgeons
of England, in consideration of the merit of his dissec-
tions. when a candidate for the appointment of student in
human and comparative anatomy of the college.—Signed
J. law President."