The Sun.
London, England, 1854-02-10 00:00:00

.

Tilt SUN, LONDON, FRIDAY EyENING, FEMITJARY 10, 1854.

THE EASTERN QUESTION.

AUSTRALIA.

7 ' A.ntwerp&Rotterciaan
3 Belgian Eastn. June.
8 Beziers to GraissesstW
2s. Bombay, Baroda, and
Central India,Scrip

3 -
1 -
4 - 3d

( From the Times.)

The advices from Melbourne brought by the Ballarat
are about a week later than those by the last arrival.
They report no particular change in the import market,
but the details of the course of business are scanty,
owing to the principal correspondence being reserved
for the Singapore route, the letters by which were ex-
pected to arrive in England many days before the pre-
sent vessel. The gold production appears to be going
on steadily, although the escort returns for the month
just ended contrasted very unfavourably with those of
October, 1852, when the outpourings from Mount
lexander had created general excitement. The total
of the month this year was 156,166 ounces, against
364,172 in the corresponding period of last year.
The circumstance, however, was _ considered excep-
tional, and no doubts appear to have arisen as
to the general average of each year showing; a steady
itterease in the same way as in California. The electric
telegraph was about to be introduced, and the Govern-
ment had accepted a tender for a line from Melbourne
to Williamstown at 1931. 10s. per mile. An alleged
discovery of coal, at a place called Cape Patteson, on
the coast, had attracted attention, and a party had been
organised to test its value, but it was believed to be
merely a revival of an account published seine years
ago. It was likely, however, to prevent any deposits
that may exist from being longer neglected. The Great
Britain was to sail from Melbourne on the 3d of De-
cember, and is now 68 days out. From Sydney the
latest dates were to the 2d of November, when
active measures were in progress, by the construc-
tion of new forts and other means, to put the
harbour into an efficient state of defence. From
South Australia the accounts mention that the
Legislative Council had recommended the execution of
three gold medals to commemorate the opening of the
river Murray and the arrival of the first consignment of
river-borne wool—one to be presented to the Governor,
one to Mr. Cadell, the explorer, and one to be deposited
among the archives of the colony. The results of the
expedition are stated to have demonstrated the naviga-
bility of the river for commercial purposes to the extent
of at least 1,450 wiles. The Council had also requested
estimates for an effectual exploration of the general ter-
ritory of the province. From Van Diemen's Land the
letters reach to the 3d of Nov. but contain nothing new.
The reward of 15,0001. for the discovery of a profitable
working goldfield was being advertised, the subscription
having been made up by 145 merchants of Hobart Town
and Launceston.

It is probable that the latest telegraphic intelligence
which has reached us from Vienna is correct in point
of fact, but we are always obliged to receive with great
caution the inferences suggested by that mode of com-
munication. Thus, we were already aware that a
change was shortly to be expected in the Turkish Go-
vernment, and we are not surprised to learn that
some such event has taken place. But we are by
no means prepared to believe that such a change
can be more favourable to the adoption of a compro-
mise with Russia. On the contrary, it is well known
that the removal of the Seraskier and the Capudan
Pasha was regarded by the principal allies and ad-
visers of the Porte as an indispensable condition to
ahi
i(nrs) fei
nt thhue rl sihoar .
politicallffie T
alliance
ofipa partly
tehlSyewe rsi
by
uyhs
lktttiahehhires:
connexion,
vhri ei o
hiuhaci
dcs etses usr facauentledelpdvpreaoadrsr
partly
icynius
btri
yeoatn
ultra-Mussulinan faction and the Sheikh ul Islam. But
his capacity as a military administrator was far below
his zeal, and personally he has never ceased to be a rival
of Redschid Pasha, though sitting in the same Council.
It is extremely difficult to sound the motives and causes
by which these changes are brought about at the Porte,
where foreign influence and personal intrigue are the
chief elements in such contests for power ; but with the
combined squadrons within reach of the Bosphorus, and
the influence of the Allied Powers paramount at Pera, it is
highly improbable that any change should have taken place
favourable to the demands of Russia. We know indeed
that such is the dread entertained by the Turkish Mi-
nisters of the fanaticism of the populace, that they found
themselves compelled to reject all terms of accommoda-
tion on that score, and, if we are not much mistaken, a
proposal to submit to Russia at the present moment
would go far to cost the Sultan his throne and his
Ministers theirlives. Until more positive information
arrives, we are therefore strongly disposed to believe
that the Ministerial change which has occured at the
Porte has been brought about by totally different means,
and that it is calculated to restore greater harmony and
unity of action to the Ministry. These objects
have, we know, been earnestly desired for some time by
the French and English Ambassadors, and we have, as
yet, no reason to doubt of their success.
So, too, we learn with satisfaction that Count Orloff
quitted Vienna ear'.y on Wednesday morning, for it was
feared that he might make still further efforts to pro-
long his stay and to recover his influence ; but we receive
with the greatest reserve the intimation contained in this
despatch, that he takes with him the positive assurance
that Austria and Prussia will remain neutral. That state-
ment is entirely at variance with the latest and most di-
rect assurances of the two German Courts, which have
constantly refused to give any pledge of the kind.
We know with certainty from Berlin that Baron Bud-
berg's overtures have been so ill received there that
Count Orloff gave up his intention of visiting the King
of Prussia on his way back to St. Petersburg. No
such assurance could have been given in Vienna on be-
half of Prussia, and as for Austria, every expression she
has used, and every step she has taken in conjunction
with the allied Powers, has shown her anxiety to pre-
serve her full liberty of action. We therefore retain our
conviction that Count Orloff has failed in his mission,
and in all respects. It seems, however, that he did
produce a second instalment of propositions, somewhat
less absolute and inadmissible than his first demands ;
but these too were held to be inadmissible by the Con-
ference, and the negotiation came to an end.
Again, we are not surprised to learn that fresh evi-
dence has come to light of a wide-spread association of
the Greek Christians to take advantage of the present
:nsettled state of the empire to throw of altogether the
u sh yk Some
embioenetthass eagioi
e of we fitrhset
greatdirect directed pub -
e attention e
to. this difficul-
tiesSm of the question ; and, although the movement has
been checked by the successes of the Turkish army, and
oo
perhaps, in some degree, by the more enlightened
policy of the Turkish Government towards its Chris-
tian subjects, we suspect that the leaders of the Greek
national party are only waiting for their opportunity
to give the signal of insurrection. An influential priest
has been arrested at Widdln, and some other agents at
Constantinople ; but it is not so much these semi-
Russian emissaries whom the Porte has to fear, as the
disaffection of the, masses of its Christian population,
who are now exposed to all the horrors of war, without
being allowed to strike a blow in their own defence.
Nothing is more essential to the future welfare of the
East-than that the Christians and their leaders should not
be taught to look exclusively upon Russia as their pro-
tectress, and that the measures of internal reform which
Lord Stratford de Redcliffe has continually urged upon
the Porte should not be defeated by the ingratitude or dis-
affection' of those for whose benefit they are chiefly design-
ed. France and England, two of the founders and protectors
of independent Greece, can never lose sight of the perma-
nent interests of the Christian population of the Ottoman
empire. This very dispute has arisen from the refusal
of those Powers to surrender the protectorate of the
Christians, and consequently the future destiny of the
East, to Russia alone, and nothing could be more fatal
to the emancipation of the Christian races than that they
should identify their own cause with that of Russian

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SYDNEY GOLD CIRCULARS.-- The Turon diggings were
very quiet at the date of our latest intelligence, the dry
weather being anxiously expected. The number of licenses
issued this month has been upwards of 1,000. There is an
increase of miners at Tambaroora, and a large quantity of
gold is offered fer sale thence. At the Turon several par-
ties are making large sums, and success is very general
with the few who have chosen this place as the scene of
their operations. The accounts from Braidwood and
its neighbourhood are improving. On Major's Creek
many parties are doing well. One large party on Bell's
Creek has been very successful, and the Mongarlow is
rising in favour, but whether on reasonable grounds or
no remains to be seen. The new law appears to have
had the happiest effect in banishing discontent from all
our gold fields, and imparting new life and energy to
those engaged in the pursuit of the precious metal. We
hear from the Ovens that great numbers were leaving
for the Buffalo Ranges, about 60 miles off. The diggings
are improving notwithstanding, and but for the heavy
rains lately prevalent, would show large returns. The
escort of the Sydney Gold Escort Company was much
hindered by floods on its way down. The river4had all
risen, and they were obliged to cross the Murray in a
boat, The escorts brought in yesterday from Bathurst
730 z. ; Sofola, 6660 z. ; Tambaroora, 670 z. ; Meroo,
2560 z. ; Braidwood, 183 oz. ; and Major's Creek, 1560 z. ;
and the Sydney Gold Escort Company, from the Ovens,
5,2250 z., making a total of 6,6260z.—va1ue, about
24,000/. The market has been on the rise all the week,
owing to the exchange on London having remained un-
altered up to the present time, and thus rendered gold-
dust for immediate remittance preferable to bills at 2
per cent. premium. The arrival of the Great Britain,
with intelligence of the probable settlement of the Turk-
ish dispute in an amicable way has also given a firm
tone to the market, and prices may be quoted at
775. to 775. 3d. for Victoria, and 745. 6d. for Nevi
South Wales gold. Export to this date, 1,522,3610 z. ;
value, at 70s. per oz., 5,278,2631. 10s. Exchange on
London, draughts against gold, par ; freight, j per cent.
—Melbourne Argus, Nov. 3.

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ascendancy.
The Moniteur of Wednesday last contains three des-
patches from the French Government to its agents,
intended to throw a clearer light on the conduct of
France in the earlier stages of this affair ' • and these
communications are all highly creditable to the French
Minister, M. Drouyn de L'Huys. They are written
with admirable force and precision of language, joined
to great moderation in substance, and the utmost
consideration for the good understanding of France with
this country. They prove that, although the French
Ambassador had originally committed himself to acts of
serious indiscretion on the subject of the Holy Places,
and had even threatened to call up the French fleet to
the Dardanelles to back his demands on the Porte,
France had the good sense to renounce, of her own
accord, this dangerous and unprofitable conflict. They
prove that she was uniformly prepared to act in con-
cert with this country for the defence of Turkey • and
that when M. de la Cour was sent as Ambassador in
March last he was fully provided with instructions to
meet every contingency. Among these provisions, we find
one for the joint occupation of the castles of the Dardanelles
by the French and English forces, with the consent of the
Porte, in the event of thefleets being called up to Constan-
tinople, and we have yet to learn why that important and
prudent step was not taken when the fleets went up.
Engaged as the French and English Governments now
are in these proceedings, we hold it to be absolutely ne-
cessary to their success, and even to their safety, that
the allied Powers should have a decisive voice in the
government they have undertaken for the present to
support. It is impossible to allow the policy of Western
Europe, and even the operations of the combined forces,
to be in any degree at the mercy of an intrigue in the
Divan or the fall of a minister. As long as our inter-
vention lasts we are entitled to require all that is neces-
sary to render it safe and effectual, and the first condi-
tion to be recommended is that the Sultan, who has in-
voked our assistance, should take no step which may
affect our position without the assent of his allies.

IMPERIAL PARLIAMEN

i bation of the profession. The law for the registratiore
shippingof had been likewise consolidated, as had els*
the acts reating to the Post-office, and great advantage
had resulted from the measure. If this system of con-
solidation were generally extended and perfected when
any amendments of the law came afterwards to be pro-
posed, the whole statute law relating to a particular
subject would be brought under one view and could be
seen at a glance, instead of their being obliged to hunt
through the statute book for perhaps twenty or thirty
orl even more different acts- -an inconvenience which
placed others at very great disadvantage in considering
the propriety of making alterations in any law. lie had
entered into these details on account of 'the great im-
portance of the subject, and he hoped his noble and
learned friend would now inform their lordships what
course he intended to pursue with regard to it.
The LORD CHANCELLOR was sure that their lord-
ships and the country would feel very deeply indebted
to his noble and learned friend for having put that ques-
tion to him ; and if any individual more than another
could feel pleased at such a question being put, he could
assure his noble and learned friend that he (the Lord
Chancellor) was himself that individual. When first he
was entrusted with the great seal, it occurred to him
that there was no subject of law reform which was more
likely to be practically useful than that to which his
noble and learned friend had so ably called their lord-
ships' attention. After the statement of his noble and
learned friend it would be quite idle and improper for
him again to enumerate the various attempts which had
been made from the earliest times on this subject. When
he came to consider this subject, he felt it his duty to
regard it in very much the same light as that in which
his noble and learned friend appeared to view it, the
great object being to arrive at some practical beneficial
result. There had been .rderences made from the days
of Lord Bacon down to tfie present age to learned per-
sons
to inquire how this great object might be accom-
plished, and it had struck him (the Lord Chancellor)
that the only practical measure that could be resorted
to with any chance of success was to get, as he had done
for a limited time, three or four gentlemen to devote
their attention to the subject, and to do to a limited
extent what he had no doubt they would do—something
as a specimen of that which ought to be done more per-
fectly, without speculating to any great extent on the
subject. His noble and learned friend had alluded to
the commission issued in IS3I on the subject of the con-
solidation of the whole of the criminal law, and which
afterwards reported likewise, in 1835, on the expediency
of consolidating the whole of the statute law. Mr. Bel-
leaden Ker was one of the commissioners who pointed
out the three modes of proceeding to which his noble
and learned friend had now adverted. tThs commis-
sioners proceeded to consolidate the whole of the criini-
nal law, but nothing was done to consolidate the statute
law in general. This was the state of things when he
(the Lord Chancellor) was entrusted with the great
seal. It struck him that the best course to adopt was
to apply, in March last, to Mr. Bellenden Ker, who
was familiar to a certain extent with this subject, having
been embarked in it, and to get him, in conjunction with
three or four other gentlemen, to proceed for one year
to the actual consolidation of certain portions of the
statute law, in the manner which should seem to them
most likely to be of practical utility. He had engaged
these gentlemen for the year expressly for this object,
and what he wished them to do was, not to enter into
any inquiry as to the expediency of this measure, but at
once to proceed, as far as practicable, with the revision
of the statute law, as to'make an enumeration of what
statutes were actually in force and remaining to be con-
solidated, what statutes had been repealed or abolished,
or had become obsolete, and then to proceed to consoli-
date such of these laws as it would be most easy and
convenient to begin with. Two of these gentlemen
accordingly went through the whole of the statutes,
statute by statute, to see which of them were actually
the law, the result of their inquiry being that they found
the number of general public acts to be between 16,000
and 17,000, and the proportion of them which remained
as really living statutes was only about 2,500. With
these 2,500 statutes, therefore, they had then to occupy
themselves. One of the other gentlemen proceeded
more immediately, in connection with Mr. Ker, to con-
solidate the law on a particular subject upon the three
different plans suggested by the former commission. ,
The task of one was merely to consolidate existing sta-
tutes, keeping/as nearly as possible to the form in which
they now stand ; another took the same course with
amendments, and partially introducing the common law
where it was necessary, and another consolidated th•
whole of the law, common as well as statute, relating
to his subject. These learned gentlemen devoted great
attention to the subject. They began in the first week
in April, and at the end of July they made a report,
which was laid on their lordships' table, in which Mr.
Bellenden Ker stated that he had called on each of his
colleagues to state to hint his views as to what had oc-
curred to him, or as likely to be most advantageous.
They all made their reports. Two of them went through
the whole, or nearly the whole, of the existing statutes,
arriving at the result that there were only 2,500 out
of more than 16,000 general and public statutes now
,actually in force ; and one of them made a digest
of the law relating to distress for rent. There was
no particular reasoir for his taking that last-named sub-
ject, excepting that it might be completed before the
close of the last session, and a report was accordingly
made on that branch of the subject. He (the Lord Chan-
cellor) had read all those-reports, and it had appeared to
biro that the direction lie ought to give them on re-as-
sembling after the long vacation was, that they should
immediately proceed under the superintendence of Mr.
Ker, who took an active part in the work, to the actual
consolidation of certain statutes. That they had done,
and Mr. Ker had laid on the table a very able second
report, in which he exhausted the subject—stated what
could be done—what was practicable, and giving the
reasons for what he recommended. On this recommen-
dation he (the Lord Chancellor) approved, and intended
to prosecute it, subject to certain observations which he
was about to make. In his report Mr. Ker' after stating
his objections to other measures, proceeded to assign his
reasons for the course which he did recommend. He
would not say that what Mr. Ker recommended was
what he (the Lord Chancellor) had suggested, because he
wished to give Mr. Ker all the credit to which he was
fairly entitled ; but Mr. Ker stated that the course which
he thought the most tensible and. the most desirable for
improving the state of the statute law was the gradual
consolidation, or he would rather call it the re-writing,
of the statute law, meaning by that the effecting of all
such amendments of the law as could be suggested—in
short, the continuation of that process which had been
already applied to isolated subjects and in a desultory
manner. He (the Lord Chancellor) presumed that Mr.
Ker here referred to those very statutes to which his.
noble and learned friend (Lord Lyndhurst) had alluded
as instances of what had already been achieved in this
direction. He (the Lord Chancellor) would just say that
preparatory to doing this, two of the other gentlemen he
had engaged under Mr. Ker's superintendence made
what they called a group of the statutes—that was to
say they had grouped such statutes together as might be
conveniently taken together, and put into one or more.
Having done that, they arranged amongst themselves
certain subjects, upon each of which they proposed,
before the year was out (and he had no doubt they
would accomplish it) to have the statutes ready to be
put into his hand, in the shape of a consolidated group
of statutes, formed in the way to which his noble and
learned friend had alluded. His noble and learned
friend asked him what course he intended to pursue.
He would tell him. He had stated from the first that
this was a matter, to a certain extent, experimental—not
that he doubted the possibility, and, to a certain extent,
the feasibility of doing that which he proposed to do—
for he did not doubt it ; but as soon as the year came to
an end he proposed to take the actual statutes as con-
solidated, and submit them to their lordships to be passed
into law. His noble and learned friend had 'alluded to
what had been done in the United States of America in
this respect ; but he must say that he was quite con-
vinced that the Legislature of this country would refuse
to entrust—and he doubted if it ought to entrust—any
man or body of men outside the walls of Parliament with
the task of declaring, by their own authority, what
should and what should not become law. All they
could do would be to employ properly qualified persons
to put the statute law into an amended or consolidated
form, and then for the Lord Chancellor, or some other
authority, to propose that in that form Parliament
llesiabreeNytsvals.viiwo:h:Tii Tat hat that
Ifnwtahansei the only
theynas h
neosd su tedc
oao passri
learned
of
fdt iliftuerBri into3els aulu s
cl t course
mfesitiatdo
bheiesnnowbilte.
goefntll'eamrleinamwenetre. In the com-
missionempleyed to
form a consolidated code of criminal law. That was done,
and done by gentlemee of the highest eminence, who
devoted great care and time, and attention to the work.
Various attempts were made to carry this out in the
way in which it was done in the United States ; but to
that that house would never listen, and it was a wholly
impracticable measure, because their lordships would
have to treat every proposed consolidated statute in pre-
cisely the same manner as if it were a new law intro-
duced into Parliament for the first time. His noble
and learned predecessor (Lord St. Leonards) last session
brought in a bill taken from a measure that had been
framed by the criminal-law commissioners, with some
slight alterations and improvements, and which related
only to one head of the criminal law, namely, to murders
and other offences against the person. What was the
history of that bill ? It was, as must naturally be the
case with every such bill, referred to a select committee,
upon which the late lords acted and devoted great atten-
tion to the subject, and yet, at the end of the session, it
was still an imperfect bill. Why did, he refer to all
this ? Because he thought that if they were to attempt
what
too much, and sought to consolidate, not the statues
only, but the common law, with them, so as to saythat, " from and after the passing of a particular bill
relating to a particular subject, no law, statute or cot •
mon, relating to it should have any force, or except such
as was within the four corners of this parchment,'
_the),
' would bo attempting, something which, although i.t
.
looked theoretically right, would be perfectlyi
hi t nt
;rtd
secat 81cable, and. would only be postponing naShe l
receivedlae
ac-
complished in a more modified form ad asm
and nothing at all would be done. When
h - mont if be
whose services he had engaged for a two
ve
the bills as they were framed by these four gentlemen
found them such as he could, consistently with his duty,
be would submit them to Parliament as bills for the con-
solidation of the statute', with the view that they
-
might become the law of the land. He fully anticipated
that this would be the result, and he thought that they
ought not to take the quantum of work done this year
as any criterion of the amount that would be done in

HOUSE OF LORDS—(YESTERDAY.)
The LORD CHANCELLOR took his seat on the wo@isask
at 5 o'clock.

1 MPURITY OF GAS.
Lord TORRINGTON, after calling attention to the
impurity of gas supplied to the city of London which,
according to the report of Dr. Letheby, emitted in com-
bustion 21 grains of oil of vitro' in every 100 cubic feet,
mentioned that an invention, patented by a Mr. Leslie,
and lately introduced into the General Post-office, had
been suecesssful in destroying the noxious qualities of
the gas, and had likewise enabled the authorities to di-
minish the number of burners by 800, as compared with
those in us• five or six years ago, and reduce the weekly
cost by 50/. although the business of the office had of
late years greatly increased. When it was known that
gas had the effect of destroying books and papers, and
that it might seriously injure the decorations in this
house, such an invention could not but be of great value,
and he therefore wished to know whether the Post-
Master General would lay before the house such infor-
mation as he could supply with regard to the result
which had attended its introduction into his department ?
Lord CANNING bore testimony to the accuracy of
the noble lord's statement as to the saving effected by
means of Mr. Leslie's invention, but was not in pos-
sesion of any papers relating to its advantages in
a sanitary point of view. There was but one opinion
among the staff in the Post-office, as to the merits of the
patent, and that was highly favourable. He had no
objection to lay on the table the papers on the subject
asked for by the noble lord.
The Marquis of CLA_NRICARDE condemned the
mode of lighting and ventilating the house. Even by
day the natural light was excluded, and at night the
ventilation was extremely imperfect. He hoped, if the
matter was taken into consideration, the report of the
committee which• sat two years ago to inquire into it,
would not be overlooked.

COUNT ORLOFF'S MISSION.
Earl FITZWILLIAM said it appeared from the in-
telligence which had reached this country, that a Russian
negotiator had recently arrived at Vienna, and he wished
to give notice that to-morrow he would put a question
to the noble earl the Secretary of State for foreign affairs
whether the Government were in possession of any in-
formation which he could lay before the house relating
to the propositions which that negociator had made to
the German powers ?
The Earl of CLARENDON said he thought that, as
a general rule, the noble earl was quite right in giving
notice of such a question. In the present case, it would
certainly be more convenient to postpone giving anunswer
until to-morrow night, but he had no difficulty in
answering the question now, though he could not say
what papers should be produced.
Earl GREY gave notice that to-morrow he would ask
the Government whether they intended to submit their
measure for representative reform to the other house
before the army and navy estimates.
REVISION OF THE STATUTES:
Lord LYNDHURST (who was imperfectly heard)
begged, pursuant to notice, to ask the noble lord on the
woolsack what course he intended to pursue respecting
the reports on the revision of the statutes. The first
starting of this question might be dated so far back as
the reign of Edward VI. At that time the statute
book was encumbered with a great number of super-
fluous acts, many of them of a tedious nature, and it
was deemed advisable that a consistent code should be
established which might be intelligible to the great mass
of his Majesty's subjects. How it happened that that
recommendation led to no result, he was not in a cone
dition to inform their lordships—perhaps it unfortu-
nately arose from the premature death of that deservedly
popular prince. Again, in the following reign, the sub-
ject was brought before the Legislature. There was no
difference of opinion upon it ; it was pressed in the
strongest manner upon the Government, and the Lord
Keeper (Sir Nicholas Bacon) was desired to draw up
some memorial on the subject ; but no other result fol-
lowed, and the subject was forgotten. Again the sub-
ject was considered in the reign of James 1., and the
speech of that monarch en the question to Parliament
was quite characteristic. He spoke of the superfluity
of the statutes, and of their constant cutting against
each other. The consequence was that Lord Bacon,
Lord Burleigh, and other persons in authority, were
appointed as a commission to inquire into and remedy
the existing defects. That also produced no result, and
they might account for it possibly by the subsequent
disgrace of that distinguished man, Lord Bacon. In
consequence, however, of the appointment of that com-
mission, they had a paper from Lord Bacon, in which
lie referred with great perspecuity, and in a very com-
prehensive manner, to the subject. So much for what
had taken place up to that period. During the time of
the Republic—or, as some persons called it, the Com-
monwealth—a great disposition was shown to reform
the law, and amongst other things the revision of the
statutes was not forgotten. Two committees were ap-
pointed, but unfortunate as had been the efforts made for
the purpose under the monarchy, they were equally un-
fortunate under the republic. Inquiry after inquiry
I took place, but no satisfactory result followed. In-
quiries were also made on the subject after the restora-
tion, but the inquiries then made were not attended with
any beneficial result. The matter was allowed to
slumber for many years. In the year 1806, a commis-
sion recommended the appointment of a very distin-
guished person (Mr. Hargreave) to write a memorial
upon the subject, and that house came to very strong
reseluOons on the question, which were set down to the
other house of Parliament for their concurrence, but
nothing effectual was done. In the year IS3I a com-
mission was appointed on the subject, and everything
connected with it was to be found in the report of the
commission, but no steps were afterwards taken to give
it effect. A new commission had been now appointed
by his noble friend on the woolsack, and under his su-
perintendence ; and they should take care that he did
not slumber on his post, or they would have another
failure to add to those failures to which he had already
referred. They must exercise a perpetual watchfulness
over the proceedings of this commission, and from time
to time inquire what progress has been made. (Hear,
hear.) Let them look to what had been done in the
state of New York. Their lordships probably knew
that the inhabitants of that state bad imported every
code or statute of the laws of Englind as they existed
up to the time of the declaration of independence. Since
that period there had been a great accumulation of sta-
tutes arising out of their new position, and they were in
as unfortunate a state with regard to them, as this
country now stands. About the year 1835, three rren-
tlemen were appointed by the Legislative State of New
York to revise the statutes, and in two years from the
time of their appointment the object was accomplished,
and in sach a way as to be quite satisfactory, not only
to the legal profession of that country, brit to the general
public. The state of Massachusetts had followed the
example of the state of New York ; and with respect to
their code, they had reformed it in the same way and
with the same satisfactory result. It would be a shame
to them if they did not follow the example of their
brethren at the other side of the Atlantic, who had
so successfully performed this duty. It was a
very remarkable circumstance that governments ge-
nerally proceeded so slowly when compared with the
vigour that was displayed by private individuals. He
might undertake to say that if they could make it worth
the while of any two or three of the most distinguished
publishers in London to publish a revised code, well per-
formed and executed, by some of the most able men of
of this metropolis directing attention to the subject, it
would be accomplished in the course, at most, of two or
three years. (Hear, hear.) When private enterprise
was found to do so much for the public interests, why
should not Governments be 'able to do so. As a proof
of the result of private enterprise, he might observe that
the noble earl the Secretary of Foreign Affairs could
now converse with the Earl of Westmoreland in Vienna
with the same facility as if they were sitting side by side
in his office in London. Their lordships would be sur-
prised to see what a mass of absurdity was contained in
the statute book. When he had the honour of holding
the Great Seals, lie had brought forward two or three
measures for the purpose of wiping away some of those
cruel and absurd provisions that were directed against
Roman Catholics. (Hear, hear.) What would their
agricultur4l friends say when lie told them that at this
n
moment no person was allowed to keep more than 2,00
sheep, under a very severe penalty ? Ino fact,a 22,000 were upon the whole upwards of 16,0() public and
general statutes, nearly 14,000 of which could
be swept
away without, the slightest inconven Three modes
had been pointed out by previous casornamnience.
anxious
ss
to know
de e l-
ing with this subject, and be w
which of these modes his noble and learne
firstfired plliacthe, i was
proposed to expunge from the statute boo a at mass
of rubbish to which he had referred, and with respect
to the rest of the statutes, to class them under distinct
heads. The second mode was in mike
mate the anner to strike
off those obsolete statutes, to consolid rest under
distinct heads, to amend them where they required
amendment, and where statutes where so connected
with the common law as to be incapable of being
separated from it, to reduce those particular parts of
the common law into statute law. (Hear, hear.)
The third mode, which was a tar more coin-
prehensive measure, was to put into one code and
class all the common law and all the statute law of
the realm. The first of these modes ho would pass by
as being very unsatisfactory. The third mode—viz., the
formation of a complete code of the statute and the com-
mon law—would consume an immense extent of time,
and would require an amount of prudence and caution,
as well as of critical acumen and legal precision, which
few persons would be found to possess.; and he doubted
if its adoption would give satisfaction to a great propor-
tion of the legal profession and the country. The prac-
tical course, therefore, would be to adopt the second
mode, namely, to expunge all that class of statutes to
which he had referred, to arrange the remainder under
distinct heads, to consolidate and amend them, and
where they were inseparably connected with the com-
mon law, to incorporate parts of the common law with
the statute law. Indeed, he found that to a certein ex-
tent this latter system had been acted upon, partially at
least, viz., first by Sir Robert Peel, in two remarkable
statutes—one on the subject of the law of larceny, and
the other with regard to offences against the person. In
these instances the statute law had been consolidated
under distinct heads and amended, and the common law,
where it was connected with it, had been modified ; and
these two changes he believed had met with the appro.