The Sun.
London, England, 1854-01-24 00:00:00

LONDON, TUESDAY, JANUARY 24, 1854

It is earnestly to be hoped that the great Whig
Quarterly has not in vain addressed its energies
—through an elaborate treatise in the number
just published—to the elucidation of the mani-
fold troubles, anxieties, and difficulties connected
with the important subject of the machinery of
Legislation. The reviewer, to whose sagacity the
public at large is indebted for this really masterly
paper in the current number of the Edinburgh,
has manifestly written not without serious and
protracted premeditation. He has selected the
fittest period in the whole year for the issuing of
his argument, namely, the eve of a new and im-
portant session of the Legislature. He has mi-
nutely and convincingly proved his case, before
throwing out his exceedingly moderate sug-
gestions of improvement. He has explained
the magnitude and variety of the obstacles
at present littered over the pathway of
legislation obstacles, some of them of enor-
mous magnitude, and some too of a mar-
vellously extended duration. Those whose avo-
cations, unlike those of the journalist, have not
caused them to become famaliarised with the
process of legislation under ordinary circum-
stances, may obtain a ready insight into that in-
tricate maze of formalities, built up on a venerable
foundation of precedents and prerogatives, by
carefully examining the statements here put for-
ward, with more than its accustomed vigour and
lucidity, by our skilled Northern contemporary.
After a perusal of this remarkable contribution
to the pages of the Edinburgh, it win be per_
°eived, even by those least familiar with the
matter under consideration, with how much
reason mnplaints are beginning to be raised,
both loud fanatical
and deep, against the
respect displayed within the walls of the
House of Commons, especially with regard
to conserving, at all cost, everything, large
or small, trivial or important, supposed to be
connected in the remotest degree with the frame-
work of our ancient and eminently composite con-
stitution. It will then be sufficiently apparent
that the popular branch of the Legislature has, in
truth, found a " faithful monitor" in Mr. BRO-
THERTON. It will be perceived, also, with how
great cause it was remarked, during the course of
the last session, by Sir JOHN PARINGTON, "We
have outgrown our forms," when the Right Hon.
Baronet was incidentally pointing this very moral
to the torpid edification of his brother representa-
tives. A chamber that, within the limits of a
single session, from the 4th of November, 1852,
to the 20th of August, 1853, could sit for 160
days for the despatch of business, consuming no
less than 1,193 hours 14 minutes in its delibera-
tions, 133 i of which hours were after midnight,
must, indeed, be allowed to have its energies some-
what extravagantly overtaxed. Remembering,
moreover (by way of illustrating the repug-
nance of the House of Commons to anything

like bold or even partial innovation in the course
of its proceedings), that whereas the difficulties
attendant upon the discharge of the duties of
Speaker' ere recognised no less than 250 years ago,
we find that the Committee appointed in 1606 to
report on the office of Speaker was fruitless of any
result until the appointment of a similar commit-
tee in 1853, so that it required actually those 250
years before the Legislature could make up its
mind to any improvement. No wonder that with
these facts before him the Edinburgh reviewer
should exclaim in regard to the national repre-
sentation, " Ils n'ont rien appris, ils n'ont rien
oublie," just as was said of the Bourbons in that
memorable sarcasm of NAPOLEON ! Humanity, if
nothing else, ought surely to have suggested long
ago to the Commons the necessityfor some diminu-
tion of the toils otherwise accumulating upon the
shoulders of that unfortunate dignitary, Mr.
SPEA.K2a—toils, but poorly compensated, we can-
not but think, by the glory of being regarded by
right of his august position as the first gentleman
m England. So enormous, in point of fact,
are those labours of the Speaker of the House
of Commons, that it has been calculated that
during the present Speakership—a Speakership of
fourteen years' duration—" upwards of 13,000
hours," 1196 of which have been after midnight,
have been consumed in sittings of the House, in
spite of the strenuous and unceasing efforts of the
ever indefatigable Mr. BROTHERTON. Well may
the Whig Quarterly exclaim—" Assuredly the
Speaker will be able to give a good account of his
stewardship !" If further testimony is required
as to the amount of exertion devolving upon the
Members as well as upon the Speaker during the
course of an average session, it has only to be
sought in the records of the last, and may
be there discovered in abundance. For exam-
ple, in particulars such as the subjoined. That
on the sth of July the House assembled at 12
o'clock and adjourned at a quarter to 4 o'clock on
the following morning—five divisions having then
taken place after midnight ! That in several in-
stances the sittings were protracted during more
than fifteen hours out of the twenty-four ! That,
beyond all this, the Committee business was, from
the beginning of the Session until its close, labo-
rious, and in a manner uninterrupted ! That
there were actually as many as 49 Election Com-
mittees ! 51 Public Committees ! 44 opposed Pri-
vate Bill Committees! 119 unopposed Private Bill
Committees! altogether no less than 263 Commit-
tees ! That 31 members served on the Tenant Right
Committee, and 38 on the Committee on Indian
Territories ! Bearing all these particulars in mind,
it can scarcely be matter for surprise that the
" Votes and Proceedings" sometimes amount to a
volume in a single day—as on the 20th of last
April, when they extended to 84 folio pages, and
on the 23d of last July to 80 folio pages—the
latter equivalent to 160, and the former to 168
pages octavo. Neither can it be subject of
amazement under the circumstances that Mr. BRO-
THERTON should declare that the labour required
from members was " beyond what human
nature could endure !" or that Mr. WILKIN
SON should recommend the House to " strike
for shorter hours !" or that Mr. HUME should
at last candidly acknowledge, on the sth of
August, that "he could stand it no longer !"
Something must be done. That everybody has
come at length to recognise. The evils com-
plained of are past endurance. The House will
follow the advice of Mr. WILKINSON, and strike
for shorter hours—other members, besides Mr.
HUME, cannot stand it any longer—the labour is
more than human nature can endure, as was said
without any exaggeration, but with so much
earnestness by Mr. BROTHERTON. It is, therefore,
seriously to be hoped that during the next session
the memorable declaration made by Sir J. PAK-
INOTON during the last--" We have out-grown
our forms" will be remembered ; and that
the masterly treatise in the current number of
the Edinburgh may be found to have led the way
to a series of extraordinary and comprehensive
improvements in the machinery of legislation.

M. Vic-roil HUGO recently published a long
and eloquent letter to the inhabitants of the
Island of Guernsey, calling on them to free their
beautiful island from the reproach of encouraging
and sanctioning the infliction of capital punish-
ment. The case of JOHN CHARLES TAPNER, ROW
lying under sentence of death in the public prison,
the execution whereof has been respited until the
31 of February, elicited this communication from
the distinguished writer. We fear, however,
that he has, although with the best motives, in-
terfered on erroneous grounds, and that his
address, able and brilliant as it is in many parti-
culars, may be prejudicial rather than serviceable
to the unfortunate prisoner, whose claim should
be for justice rather than for mercy, inasmuch as
he was condemned on evidence which could
never have obtained a conviction before an English
Judge and an English Jury, and also because of
the attendant circumstances—the manner of his
trial, the stringent and inquisitorial cross-exami-
nation to which he was subjected, and the unfair
inferences drawn from trivial contradictions in his
answers, all of which are so repugnant to English
feelings and English laws, that, if his guilt was
thereby clearly brought to light, we should object
to the unfair proceeding, and regret to see the
punishment founded thereon carried into prac-
tical execution !

IL -VICTOR Huoo directs his arguments against
the propriety or expediency of the extreme
penalty of death being inflicted in any instance.
On this point he reasons acutely, but not
sufficiently so to change or even disturb the
opinions we have arrived at after calm and mature
consideration. It is, however, unnecessary to
enter into any discussion on this point at this
moment, inasmuch as we both endeavour to
achieve the same object, the reprief of the pri-
soner, although we are influenced by very (Effer-
ent reasons for so doing. We may, however, here
say, that, widely as we differ from M. HUGO on
the basis he has taken, we willingly admit the
excellence of his motives, and recognise the great
ability of his address to the people of Guernsey.

If we believed that JOHN CHARLES TAPNER were
really guilty of the threefold offence laid to his
charge, and that he had received a perfectly fair
trial, we should certainly not interfere on his behalf
in any way. So far as we were concerned the law
might take its course without remonstrance. The
offence was of the most atrocious character. There
was apparently a coolly premeditated murder,
which had not even " the wild justice of revenge"
for an excuse, if excuse it could be considered.
There was not, and could not have been, the
slightest animosity against the unfortunate de-
ceased. The murder,. if committed by TAP-
NIB, was merely for the sake of a few
pounds, which he hoped to appropriate to
himself ; and for that paltry sum he was willing
not merely to commit robbery, but also murder,
with the view of concealing that robbery—and
arson, to prevent the detection of the double
crime. The very position in which TAPNER was
placed—his superior education and employment in
a public office—would only have aggravated his
guilt, and rendered the infliction of condign
punishment a matter of still greater necessity. But
' on the closest and most searching examination of all
ikat was adduced against him--even with all the
disadvantages to which he was subjected—we do
not think that the case was established beyond
the possibility of reasonable doubt. And were
it otherwise, we could not see any British
citizen a native of England acknowledging
the same allegiance as ourselves—executed under
circumstances so totally opposed to all our notions
of fair play, and of the privileges that should
be accorded to the most degraded criminal. We
shall enter into the consideration of the last point
in the first instance, and show the unconstitu-
tional mode in which the whole of the proceedings
were conducted, and the great disadvantages to
which TAPNER was exposed in conducting his de-
fence, as well from the preliminary steps taken as
at the actual trial.

And here, before entering into the point, we
desire to free ourselves from misconception. We
do not wish to be taken as accusing the jurcrt,
but as protesting against the entire system—
as asserting that the QUEEN'S Procureur trans-
gressed the strict line of duty, for the purpose