The Sun.
London, England, 1849-01-27 00:00:00

THE SUN,

and complete than the education of the middle class."
The danger of this is obvious, and the necessity of
its prevention is as imperative as its peril is imminent.
The plan by which the Right Hon. Baronet has
undertaken to obviate the difficulty in his own im-
mediate neighbourhood was simply and perspicuously
set forth by himself, and certainly appears, at the
first blush, to promise a large amount of amelioration.
He proposes to admit within a school at Tamworth,
founded originally by his father, the children of the
middle classes as well as the children of the poorer
inhabitants. After obtaining a master of adequate abi-
lity to ensure a sound and, in many respects, a
superior education, after affording the parents a gua-
rantee that the moral and intellectual improvement
of their offspring shall be properly attended to by
placing the establishment in connexion with the Privy
Council, he invites the farmers, shopkeepers, and
retail dealers of all descriptions in the vicinity to
send their sons to the institution. In return for an edu-
cation including geography, natural philosophy,
history, and science in its various branches, he will
require merely two pounds sterling per annum to be
paid in advance, by quarterly instalments of ten
shillings—the sums accumulated by that means to
be applied for the extension of education to
the humbler members of the community. " In order,"
says he, "to prevent the entrance of children, to
whom there might be objection on account of dirty
clothes or appearance, I propose that there shall be
provided gratuitously for those on the foundation a
suitable dress, which they shall wear in the school ;
and in making my selection of scholars on the foun-
dation I shall try as far as possible to encourage
morality amongst their parents by making appoint-
ment to the foundation a reward for good behaviour,
either on the part of the parent or child. You may
say that the profligate character of a parent is a good
reason why a well-disposed child should be with-
drawn from the influence of bad example at home.
All I can say is, by way of satisfaction to those who
may send their children for education to this school,
that the selection to the foundation shall be on the
principle of rewarding merit either on the part of the
parent or child—there shall be well-conducted chil-
dren there." It would be frivolous to deny that the
effect of this participation of the labouring and
middle classes of the population in the
benefits of instruction, would tend not only
to keep them up to a corresponding parity of
knowledge, but would also go far towards ele-
vating the sentiments of the former, and towards
cultivating a spirit of harmony between both. The
barriers of prejudice would he broken down, and gra-
dually, if the system were effectually practised else-
where—

" Man to man, the wide world o'er,
Would brothers be, and a' that."

Hitherto the principal obstacle which has presented
itself against the diffusion of knowledge, in the way
of a comprehensive Government education, has been
the tendency of its advocates to deal too much in
generalities. In this particular it would almost seem
that philanthropy regards details as derogatory to its
dignity. The disputants upon the rival claims of
knowledge and ignorance seem to have arrived at
their conclusions as curtly as the polemical Bishop in
King Arthur—
" Black equals white, plus x y botherorum."

It is t 3 the honour of Sir ROBERT PEEL that he
does not view the details of the proposed system as
beneath the consideration of statesmanship. He re-
gards with too profound an interest the dissipation of
the evils which now darken the glory of our vaunted
intelligence as a nation to consider an explanation of
the mcde in which those evils are to be removed as
below his importance as a patriot or as a legislator.

We recently directed the public attention to the
very valuable "Remarks and Suggestions" for facili-
tating the dispatch of public business in Parliament
offered by Mr. THOMAS Easmaz MAT. It is indeed
a matter of the utmost consequence that the Legis-
lature should be enabled to dispose of the many
urgent and weighty matters that must necessarily
come under its notice. Never, perhaps, was there
period when a greater quantity of business, and that
of the most vital importance, materially affecting the
welfare of the realm and the best interests of the com-
munity, was about to be submitted for the consideration
of the popular representatives. Most sincerely do we
hope that a more satisfactory account of business
actually transacted, of senatorial labours brought to
maturity, may be returned at the close of the forth-
coming session, than could have been rendered at the
last prorogation. Then we had to lament a grievous
OA talOgUO of unperformed promises, of Rule altogether
withdrawn and postponed, for another opportunity,
or so mutilated in their progress as to be rendered
comparatively useless. It is impossible to
predict what may be the result of the
Parliamentary meeting now at hand. If the same
system should still be suffered to prevail, if the forms
of the House should still be abused, if we should
again witness repeated ‘, countings•out," constant
" motions for adjournment," unnecessary divi-
sions, and useless debates, the introduction of frivolous
and irrelevant matter, and the interminable ha-
rangues of the CHISHOLM ANSTETS, URQUHARTS,
and other Parliamentary bores, little, indeed, can be
accomplished ; and the achievements of the
future will be even inferior to those of the
past year. If, however, the existing abuses and evils
should be grappled with boldly and resolutely, and
every attempt at vexatious or unprofitable delays be
suppressed with a vigorous and decided hand, the re-
sult will indeed be fortunate for the country, and the
character and dignity of our Legislative Assemblies
will be materially promoted, in the estimation not
only of our own people, but of surrounding nations.
There is, however, another point of scarcely less
importance, and deserving of the most mature and
attentive consideration. It is essential, not only that
the business should be done, but also that it should
be well done. Much time is too frequently consumed
in attempting to lick into shape crude and
undigested measures, that must ultimately be
relinquished, and glaring defects are often too late
discovered in enactments that have received the legis-
lative sanction. There is, in fact, no orga-
nized system whatsoever—no sufficient precautions
are taken to prevent the introduction of defective or
inadequate measures. If all Bills were subjected
to a critical revision before they could be brought
before either House, in order to ascertain that
the objects of their Parliamentary sponsors would
be thereby/ fully attained, it would tend mate-
rially to improve their structure, language, and legal
efficiency—we should not witness so many abortive
efforts at legislation, and the Great Council of the
nation would not be brought into contempt and dis-
repute, as is too frequently the case under the pre-
sent system.

A very able pamphlet has recently appeared in the
shape of a letter to Lord DEN MAN from G. WIN..
GROVE COOKE, Esq., Barrister-at-Law,* upon the
manner in which legal inquiries are now conducted
by Commissions, and in which appeals from their
decisions are now brought before the Common Law
Courts. The evils of which Mr. Cooica with so much
justice complains, and which he points out so clearly
and forcibly, are entirely attributable to the loose-
ness of the present system, whereby the
framing of our laws are left to mere
chance, to the unskilled and unpractised
efforts of amateurs in legislation. Mr. Coo" well
remarks " that no single mind can compass the im-
possible labour of watching all our projects of
“th their legis-
lationemisfortunethrough
is that at present no
panudblicadd,
person
is responsible that our Acts of Parlia-
menta congruous state ;" that
itis-shaalell
come
eeg i forthi businessn of
the o departmentminutiaeof toa
recognised
forecalculate the exact workingi of
cted
details t o a
measure, nor to take care thatiali
their s dire
of
common object shall harmonise in
action, as well as in their spirit."
toTher. Cooax directs his observations more especially
working of the Tithe and Inclosure Commis-
sions. lie shows the vast importance of the interests
submitted to the jurisdiction of these Commissions,
and the defects and errors that unfortunately exist
in concerns of such magnitude. Ho says—
"lt has now become the settled practice of the

* " A Letter to the -Right Hon. Lord Denman, Lord
Chief Justice of England, on the Enactments conferring
Jurisdiction upon Commissions to try Legal Rights, and
the Practice upon such Trials, and upon the Feigned
Issues resulting therefrom, with especial reference to the
Tithe and Inclosure Commissions. By G. Wingrove
Cooke, of the Middle Temple, Barrister•at•law." Lon.
don; Steven 3 and Norton, 1849.

lature to work the details of every wide reform by
the agency of a Commission, and it is a part of
the system to settle all legal questions which
arise during the work by means of arbitrators,
assessors, or assistant-commissioners. It is no
exaggeration to say that during the last seven years the
Assistant Tithe Commissioners alone have, by their
legal decisions, adjudicated upon property equal to a
quarter of that adjudicated on by any one of the Common
Law Courts. These investigations have none of the
solemnity and publicity of the Queen's Courts. They
are seldom assisted by counsel, and the magnitude of
their operation is scarcely suspected. Occasional cases
appear in Westminster Hall, but these bear a hardly ap-
preciable proportion to the great mass. Property of the
value of 5001. is adjudged without appeal, and hundreds
of cases, involving ten times that amount, have been ad-
judicated without ever having been heard of by the
general body of the Bar or by the Judges."
Mr. COOKE points out many important defects
in the machinery of the Act that have perplexed
those by whom it was to have been worked, and sug-
gests remedies by whichihey may be removed. He
points out "the difficulty -of ascertaining the exact
point to be decided ;" and the inconveniences at-
tendant upon every one of the courses that were
open for the assistant-commissioner. He also shows how,
for want of sufficient judicial powers vested in the
Commissioners, the proper emoluments of a living
may be greatly diminished for ever, without the
Commissioners being enabled to prevent the act
from taking place. The errors in the Act creating
the Inclosure Commission are also explained. He
objects with great reason to the absurdity of empower-
ing a mere land valuer, a person " almost necessa
rily destitute of legal education," to adjudicate on com-
plicated legal questions, and award costs—costs which
cannot be obtained back, although the decision may
be reversed. The new principle of allowing an unsuc-
cessful party to bring an action against the Commis-
sioners is commented upon with much severity. It
is, indeed, a novelty in legislation. The incomparable
Judge LYNCH, who was always ready to fight with
pistols and bowie knife any person who impeached
his judgments, would be invaluable, as an inclosure
commissioner. Mr. CooKE, thus speaks of this ridi-
culous enactment :

This is, I believe, a novelty in legislation. It is much
as if, whenever a new trial is granted in the Superior
Courts, the Judge at Nisi Prius at the first trial were
made the defendant in the cause at the next assizes.
The inconveniences attendant upon this invention need
not be insisted upon in detail—they will very soon ap-
pear in practice. The Commissioners may abandon
their own decision, and the party in whose favour they
decided is bound
,by an act over which he has no con-
trol. If they defend their decision, they must identify
themselves with one of the parties to a general inquiry,
in which they are the judges; they must get up his evi
deuce for him, collect his proofs, adopt his attorney (or
he will have good reason to comphin), consult with him
as to how far they will resist, or to what extent they
will give way ; and, as a climax, they must be revponsi-
Lie for his and (if tl:e decision should be over-ruled) his
opponent's costs. By the last provision of this 56th sec•
von, the costs att.( riding any such action shall abide the
event of the trial.' "

And he subsequently offers the following recom-
mendation :

" The inconvenience is, as I submit to your Lordship,
patent; but I have more confidence in pointing out an in-
cunvenience which I have seen, than in suggesting a
remedy. We are not, however, without precedents for
such a remedy. From the time of the General Indio-
sure Act, down to the recent Consolidation Clauses in
the Waterworks, Gas-lighting, Paving, and Cemetery
Acts, it has been the custom of Parliament, whenever
attention has been drawn to the subject, to provide a
general and uniform measure, by which powers fre-
quently applied for shall be meted out. Why may not
the same thing be done in this far more important matter
of the judicial jurisdiction of Commissions? Itiwould not
be very difficult to prepare by enactment a well-consi-
dered system of trial and appeal, and the particular Act
which establishes tho commission would then require,
upon this subject, only a clause to define the jurisdiction
to be conferred."

We can heartily recommend Mr. Coosn's interest-
ing pamphlet to public notice.

We refer our readers to a letter from Mr. RIGBY
WASON, which will be found in another part of our
impression, acknowledging the error which we pointed
out on Thursday, an error naturally enough
arising in the hurry of calculation, but which
did not in any degree impair the principles of
his proposition. A large per centage must of
course be taken—the transaction will not prove
so very profitable as it appeared at first sight,
but still an ample margin will remain to
render it well worthy of adoption. He now
assumes 10 per cent. as the basis of his calculation,
which he estimates would produce a sum sufficient
to liquidate the entire debt with the excep-
tion of 150,000,0001., which should be con-
verted into terminable annuities. He calcu-
lates that the property is worth twenty-
five years' purchase. In this respect we think he is
nearer the mark than when ho took it at merely
twenty years. According to thin view the total
value of the accumulated and realised property
of the country would amount to 5,500,000,0001,
ten per cent., on which would realise 550,000,0001.,
and as the National Debt, though nominally,
nearly 800,000,0001., is practically not worth
more than 700,000,0001. at the present value
of Consols, the deficiency would only amount
to 150,000,0001., which might be provided
for by annuities, as , pointed out by Mr. Wesost.
The project is now fairly before the public, and it is
undoubtedly worthy of a calm and attentive con-
sideration. Let those who feel its vast im-
portance maturely reflect thereon. They may
also, at the same time, consider the
arguments of Mr. BARFIELD in opposition thereto,
that appeared in The Sun of yesterday. Truth will
always be promoted by fair discussion, and a subject
of such magnitude should be regarded in all its
aspects, and viewed in every light.

THE FRENCH REPUBLIC.

During the sitting of the National Assembly on
Thursday, M. GREVY presented the report of the
Committee appointed to consider M. RATEACE3 pro-
positiun for the immediate dissolution of the Assembly.
The report as read by M. GREY! set forth that the
proposition submitted to the Committee had a doable
object—to have the present Assembly dissolved, and
the election of the Legislative Assembly proceeded to
in the month of March. The majority of the Com-
mittee had come to the conclusion that it ought not
to accede to either object.—(Agitation.) It had con-
sidered if the events which had taken place since the
Bill of December 11 had passed were of a nature to
call for a revision of the decision come to by the
Assembly, for the vote of the organic laws ; and,
after mature consideration, had come to the con-
clusion that such was not the case. To stop short
in its labours at present would
,be to mutilate its task
without much hastening the precise moment of
its dissolution. It was true that though the Assembly
has itself declared, by a Bill, that it should vote the
organic laws before separating, the Constitution said
nothing of the matter. The matter could be gone
back on and revised; but the committee saw no rea-
son for such a course ; but, on the contrary, many
reasons for continuing at its post until it had per-
formed its duty to the end. The committee was of
opinion that it was called on to watch over the first
steps of the Republic—that it had the task before it
of seeing that in the midst of the struggles of parties
inseparable from a new order of government, the Re-
public suffered no damage. Besides, in presence of the
language employed by the Ministry, the committee
thought that the Assembly could not separate—(Agi-
tation)—as the proposition demanded. —(Renewed
agitation.) In addition, the intimidation and moral
violence exhibited in newspapers and by petitions
(great uproar)—was another powerful reason with it
not to yield to the demand made on it. The petitions,
however ought not to be considered of too much
weight, as up to this moment only 173,000 signa-
tures had been appended to those presented. Yet
the object of them was clearly to abrogate the au-
thority placed in the National Assembly by the man-
date committed to it. For these reasons the com-
mitteereconamended the Assembly not to take the
proposition into consideration.—(Great agitation.)
Monday next was fixed for the discussion.
Sixteen members have already inscribed themselves
asintending to speak in favour of M. Grevy's report'
viz. :—MM. Alexandre Rey, Alem-Rousseau Pascal,
Duprat, Jules Fevre, Ducoux, Felix Pyat,' Baune,
Brives, Coralli, Landrin, Buvignier, Saint.i,ollne
Demesange, Th. Bac, Detours, and Tranchant.
Twenty• seven members have inscribed themselves
ntoeasup, ceakomagbaairnei de
stthebe7aoir, Ileeckeren, Charencey,t, namely :—MM. Fres-
Pognerre, Ferdinand Barrot, Lacase, Bideau, Den-
joy, Dufournel, Montreuil, Jobf z, Morin (de la
Drome), Barthelemy Saint Hilaire, Victor llugo,
Chararnaule, Gaslonde, Favart,
n, Flandin, R, icher,
Rondeau, Fayet, Depasse, Vesin, rata, Grandin
and Gouin.
In the same sitting the Minister of the Interior,
M. LEON FAUCHER introduced a measure for the
suppression of the clubs, whici: was declared d'urgence,
and ordered to be forthwith referred to a committee.
Tha trial of BARBES and his accomplices is (says