The Sun.
London, England, 1849-09-13 00:00:00

late of the 16th Regiment. The indignation ex-
pressed by all the organs of opinion which have yet
broken silence upon the matter is something almost
wholly unexampled. Journals advocating the opinions
entertained by all political parties—every one of the
organs of the law, and with these the several organs
of the military and naval professions—all have coin-
cided in the opinion which we were the first to express
publicly, namely, that if this officer has not been most
cruelly ill-judged, then has no man ever groaned under
ill-treatment since the subsidence of the Deluge or the
dawn of Creation. Thanks, however, to that right noble
sentiment which is harboured in the bosoms of our
popular and hereditary representatives, the subject
will at the very commencement of the next session
be brought before a higher tribunal than that of either
a naval or military court-martial, aye, before a higher
tribunal than that of the Horse Guards or the Admi-
ralty, before the double tribunal of the two Houses of
the Imperial Parliament. Then my Lords Commis-
sioners of the Admiralty, then my Lord Duke the
Commander-in-Chief, with all his congenial colleagues,
will have to abide by the decision of those who are
most competent in the wide realms of her Britannic
MAJESTY'S dominions to decide what is in
truth and in deed conduct becoming an officer
and a gentleman. Of the result of this
supreme investigation we have not one moment's
doubt. We have not a doubt that a subject
so plain and visible in its legality— a subject
conducted, moreover, by the most formidable as well as
the most brilliant members of the Lords and of the
Commons—will receive that scrutiny which has be-
come requisite for the maintenance of the purity, the
dignity, the nobility, the gallantry, and the elevated
patriotism which are essential, to, and:have heretofore
characterised, the leaders of our soldiers and of our
sailors. Then will the existing system of courts-
martial not only be doomed, but destroyed—and in
the abrogation of the present laws the national repu-
tation will be vindicated.

There is a general and growing feeling throughout
the country that no great or comprehensive legal re-
forms can be hoped for until the system of legislation
is materially altered. This feeling has acquired ad-
ditional strength from the admirable letter of Lord
BROUGHAM to Sir JAMES GRAHAM, " of
making
and, digesting of the law," to which we havealready
referred. His. Lordship has clearly and distinctly
shown that there is a fundamental imperfection in
our whole course of legislation, by which the
most valuable and best digested measures
are depriVed of their efficacy and rendered
comparatively useless, that leads to a looseness of
language and contradiction of terms, which has so
frequently been deplored by some of our most
eminent judges, when compelled to frustrate the
intentions of the Legislature by a too strict ad-
herence to the wording of new enactments.

This imperfection is ascribable to defects in the
machinery rather than in the principles of legis-
lation. The different statutes are the result of
isolated and unconnected labours. The various
measures are prepared by individual members
or by parties connected with the Govern-
ment, but there is no communication between the
framers of the several enactments. The " unity of
design " that is so essential is completely wanting.
One provision will be found to be perfectly incon-
sistent with another ; nay, portions of the very same
clause or sentence will be conflicting. Each person
has a particular object in view, and to attain that
object everything else is disregarded. General prin-
ciples and former enactments are alike forgotten, and
Bills are introduced in both Houses which, if suffered
to pass in their original form, would occasion the
utmost difficulty and confusion.
But how could it be ;otherwise ? In every other
science a long course of attentive study is considered
necessary to qualify persons to form sound opinions,
or to practise any art. But every man seems to con-
sider that he is born a legislator, competent to frame
the most complicated enactments with the utmost
facility. Under such circumstances grave mistakes
in the drafting of Bills are looked upon as mere matters
of course, that do not subject the introducers
to any censure or reproach. There is, in fact,
no responsibility anywhere. No individual or body
can justly be called to account for any errors, however
serious.

It is scarcely better after the contemplated measure
is brought before Parliament. Alterations will be
made in both Houses without the slightest reference
to the remainder of the Bill—new matter will be in-
troduced wholly at variance ssith former clauses,
which are suffered to remain unchanged notwithstand-
ing subsequent so-called amendments. The sim-
plest rules are disregarded—the same words are
used in different senses, the same points enacted in
Different language. This laxity of expression neces-
sarily exposes the judicial interpreters of the law to
the greatest embarrassment and difficulty, and
occasions a vast quantity of expensive litigation,
unnecessarily consuming the public time, and abso-
lutely ruinous to the parties engaged therein. But
all this mischief results from the want of co-opera-
tion and communication between the legislators
by whom the various Acts are framed and
carried through Parliament. The country has dis-
covered to its cost the heavy expenditure to which
it has been subjected in consequence of a similar
want of co-operation between the designers of our
steam-vessels and of the machinery by which these
vessels are to be worked. The loss there is easily to
be ascertained—the pounds, shillings, and pence
that have been absolutely wasted form heavy
items in the national balance•sheet. But the
!oases not only to the national Exchequer but to pri-
vate individuals, the consequences of grave defects, by
which criminals escape the punishment due to their
crimes, and the grossest injustice is perpetrated under
the name of law, can never be sufficiently appre-
ciated. They are of infinitely greater importance
than any . merely pecuniary considerations or any
public outlay, however enormous and unavailing.
We have already alluded to the mode in which
Lord BROUGHAM proposes to improve the system of
legislation—viz., by the " appointment of, a board or
court of five members, irremovable without address of
both Houses, to which either House might refer any
Bill, and whose opinion might be taken upon the
draft of any Bill before its introduction." This would
undoubtedly be a great amelioration, which would
remove the chief objections : this board would, we
suppose, consist of Members of both Houses, and be
framed in accordance with the plan (alluded to in the
postscript of Lord BROUGHAM'S letter) originally pro
pounded in 1834, for the " appointment of a joint
Committee of the two Houses, five Lords and
seven Commons, sitting under a, judge, examining
the whole disputed facts of a Bill, and returning, a
verdict to he binding, in point of fact, on both
Houses." The•mutual jealousy, however of the here-
ditary and representative legislators prevented this
admirable suggestion from being carried into execu-
tion. Neither would consent to abandon any portion
of their independent action, although they had several
competent representatives on the General Committee.

Most sincerely do we hope that this absurd distrust
may terminate, and that a proposition may be
adopted which would secure the most valuable results
without in any degree trenching on the recognized
privileges of either House.

The Emperor of RUSSIA is so overjoyed by—
the triumph of his arms we cannot call it—the result
of his intervention in Hungary, that he can hardly'
find adequate means to give vent to his satisfaction.
To hear of the honours he has decreed to Prince
PASICEWITCIT, and to read his proclamations to the
army, it might reasonably be imagined that a new
Pultowa had covered the Russian arms with glory, or
that another French host had retreated from the
flames of Moscow. "My children," writes this
most fraternal EMPEROR, " Gon has vouchsafed to
bless your zeal, your manly bravery, and your un-
tiring perseverance amidst the greatest difficulties."
How complimentary is this to the Hungarians, if
literally understood. The small forces of a weak and
struggling state were enabled to present the " greatest
difficulties" to the invading hosts of Russia and
Austria combined, so much so that, notwithstanding
the " manly bravery" so conspicuously displayed by
the valiant troops; it was rot until bribery had come
to the assistance of bravery, on the one hand, and
treachery had undermined the difficulties, 'on the
other, that file victory (?), the cause of so much gral.
tultitiop, was achieved. "My children,7
.continues
th
EMPEROR, "you did your duty, and the insurrectio
is quelled." Then, after a triumphant allusion