The Sun.
London, England, 1853-06-13 00:00:00

for or against Constantinople. Meanwhile, the
warlike preparations making both on the
side of Russia and on the side of Turkey
are, as we observed on Saturday, unparalleled
in their magnitude. Ismahil, it seems, is
not only the depot in which are being col-
lected together materials for a bridge of boats
with which to effect the passage of the Danube--
it is not only being hurriedly prepared as the
scene of the Imperial head-quarters--its houses
are being transformed into hospitals, and its pub-
. lie buildings into gigantic stores for boots, saddles,
and other campaigning accoutrements. The Rus-
sian Fleet in the Black Sea, again is already, it
appears, moored in the roadstead, having been
promptly conducted thither from the port of
Sebastopol. The SULTAN and the Divan are, in
the meantime, if possible, yet more active, in the
same warlike direction, than the CZAR and the
Cabinet of St. Petersburgh. The Egyptian con-
tingent promised by the Viceroy, ABBAS PACHA,
will amount, it is asserted, to no less than 150,000
in the aggregate. The mobilisation of the militia of
Roumelia, we have before remarked, has been esti-
mated as certain to produce 90,000 armed men,
almost immediately. The Emperor NAPOLEON,
moreever, is declared to have intimated his inten-
tion to send 30,000 French soldiers to Constanti-
nople, in the event of news being received of the
Cossacks having entered the Danubian principali-
ties. Altogether, with the Turkish troops under the
command of OMIR PACHA, between 200,000 and
300,000 may, in case of emergency, be concen-
trated upon Schumla for the defence of the
Balkan range of mountains. Besides which,
the Turkish fleet will be aided, on the out-
break of hostilities, by the united naval ar-
maments of France and Great Britain. Then
—Adieu to the prestige of the mighty despo-
tism of the AUTOCRAT ! Adieu to it even though
it secure the aid of his obsequious vassal the Red
EMPEROR ! Adieu to the further existence of his
boasted fleet in the Euxine ! Adieu to his
cherished day-dream of the capture of Constan-
tinople !

The House of Commons last week arrived at a
conclusion adverse to one of the recommendations
of the Common Law Commissioners, and that on
a point of no ordinary importance. The question
arose in Committee on Mr. WHITESIDE'S Bill for
the improvement of the administration of the law
in Ireland—a measure which strikes at the root
of many of the chief abuses that have sprung up
during successive ages, and which introduces more
extensive changes than any ever brought under
the consideration of the Imperial Parliament,
either by a law officer of the Crown, or an inde-
pendent Member. It is time that it is to be
limited in its operation to one part of the United
Kingdom--that a boon will be conferred on
litigants in Ireland, which for a while will
not be extended to suitors at Westminster.
But it is certain, that if the . new enact-
ments should operate beneficially at the
other side of St. George's Channel, they
will speedily be adopted in this country. Atlhough
it might be instructive and interesting to the
Jurist to witness the working of the two different
systems in the English and Irish Courts, it would
be in many respects a dangerous experiment if
long persisted in, and strongly opposed to the
wise policy that urges the expediency of assimi-
lating the laws of the two countries, and cement-
lug more firmly the bonds by which they are
united. If the principles contended for be good
iu themselves, why should the advantages to be
obtained from their recognition be withheld from
this country. If otherwise, why should they be
sanctioned in Ireland ? We could scarcely justify
a rash experiment in such a case, on the ground
that it was tried on " a worthless subject." Our
Irish brethren would not consider such an argu-
ment as very flattering to themselves, or judicious
or equitable on the part of England.
The question which has led to this diversity of
opinion between the Commissioners and the
Legislature, viz., the propriety of requiring "t
verification of the pleadings," in every cause, is
one which has excited much discussion, and on
which very conflicting views have been taken
among the most zealous and consistent legal re-
formers. On the one side it was contended that
the unnecessary multiplication of oaths materially
lessened their efficacy, and exercised a very de-
moralising tendency—the familiarity with a pro-
cess of every day occurence diminishing the re-
spect that should be entertained for GO solemn an
obligation—the feeling of awe with which an
appeal to the DEITY should be attended. It was
also urged—and it was much apparent truth—
that the pleadings frequently consisted of mixed
fact and law, to the truth and accuracy whereof
it would be difficult; if not impossible, for a con-
scientious person to swear. That the rule, if
adopted, would, as the Attorney-General declared,
operate as a snare to tender conscience, while it would
offer no obstacle to the unjust andunscrupulous"—
that the oath would, in fact, speedily degenerate
into " a mere matter of form," and that a 10 )se
and "conventional morality" would spring up for
such points that would be productive of very in-
jurious results. On the other side, it was insisted
with equal force and energy that it was the dan-
gerous and impolitic license permitted to pleaders
that oecasioned many of the abuses so loudly and
justly complained of in our superior courts of
common law—that the evils of " special pleading"
which it has at length been deemed expedient to
abolish, mainly spring from this source, where the
imagination and fancies of the pleaders were re-
garded rather than actual facts, and such have
constantly decided on grounds quite apart from
the substantial merits. What could be more dis-
graceful thau to find our tribunals occupied in the
investigation of totally different issues, where alle-
gations were put forward on the same side, some
of which must necessarily be false, as, for
an instance, where a direct traverse was

coupled with a plea or pleas in confession
and avoidance--as, for instance, where the
_

same person pleaded that he was never in-
debted payment, and the statute of limitations.
Many cases of similar description, and of every-
day occurrence, might be adduced that justified
our American brethren in ridiculing the anomalies
thus sanctioned by the well-known story of the
" kettle," when, in answer to a demand for
damages for a kettle, that had been returned in a
damaged state, it was pleaded, first, that the de-
fendant never borrowed the kettle ; secondly,
that the kettle was damaged when it was bor-
rowed ; and thirdly, that it was sound and in

condition when returned We may smile at the
absurdity of such contradictory assertions, but we

can assure our readers that pleas just as ridiculous
and as much opposed to each other, may be found

in immense variety on the files of the different
Courts. Surely this reproach should be removed
from the administration of our national justice.
This stain stain from the national character, and
every means practicable should bo resorted to foi

such a purpose.
It is also just as essential that a check should
be imposed on unfounded and unwarrantable

actions, as on contradictory pleadings. We should
not encourage vexatious or inequitable suits. Be-

fore the passing of the act for the abolition of ar-

rest on mesne process, a large proportion of actions
in debt and indcbitatus assampsit, were verified

on affidavit, and in the olden time a plaintiff who

put forward an unjust demand was liable not
merely to the severe censure of the Court, but to
actual imprisonment. The conclusion of the form

of judgment for a defendant, " let the plaintiff be

in mercy for his false sufficiently indicates
the existence of this salutary practice, which, un-
fortunately had been permitted to become obso-
lete, and fall into disuse. According to the exist-
ing practice, any man can be dragged into Court
at the mere will and pleasure of any pauper, who,
although without a shadow of claim, may
subject an innocent party to heavy costs,
hof which he can ue ver, under any, circum-
dallge% PaMeut. It is true that