The Sun.
London, England, 1849-02-07 00:00:00

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r.'l. ):.t rail, :--;litit

LONDON, WEDNESDAY, FEBRUARY 7, 1849,

The disinterested exertions of ilegal reformers have
been attended with great and well-merited success
during the last twenty years. Many important

ameliorations half e been introduced in the law itsel

and in the mode of its administration. Various defects
have been supplied, and abuses swept away. The
undue severity of the criminal law has been greatly
mitigated—the mercantile code wonderfully improved
by the new statutes of bankruptcy and insolvency, and
the abolition of arrest on mesne process. Real ac-
tions have been, almost wholly got rid of—Quace
impedit alone remains. More simple modes of assu-
rance have been substituted for fines and recoveries.
The law of evidence has been materially amended.
Witnesses cognizant of all the facts are no longer
excluded from giving their testimony because they
might have some trifling interest in the subject-
matter under litigation. Their credibility is now a
question for the consideration of the jury, but none
are rejected except the immediate parties to the
record. Great facilities have also been afforded
for obtaining cheap and expeditious justice
by the establishment of County Courts ; and many
other changes and alterations have been effected
which have been productive of the most beneficial
results. Much has undoubtedly been achieved, but
more remains to be done. Many crying grievances
still exist, which must be removed without any un-
necessary delay.
The Court of Chancery has participated,
probaly, the least in the general improvement.
It is true that one fertile cause of complaint
and dissatisfaction was removed by the appointment of
additional Equity Judges or Vice-Chancellors, so
that there are no longer the enormous arrears of busi-
ness hanging over, of causes ready for hearing remain.
ing in the list for years before any decision was pro-
nounced. That evil no longer
,exists, but others
remaiv of equal, if not greater, magnitude. There
are 'radical defects in the mode of procedure that
enicail intolerable expenses and most vexatious delays
'upon the suitors. All parties concur in cen-
suring the existing system. The Judges, officers,
and practitioners of the court alike acknowledge
the justice of the accusation, while the impoverished
suitors execrate the system to which the misery
and ruin in which themselves and families have been
involved are altogether ascribable ; and yet, although
that hearty and universal condemnation of the prac-
tice of the court may be heard on every side, no
determined effort has hitherto been made to intro-
duce the remedies that might readily be made available.
The mode of proceeding in the Masters' offices are
perhaps, the most objectionable parts of the entire
system. It is there that the heaviest costs are in-
curred. We have it in evidence from a gentleman of
considerable experience who has long held the office
of chief clerk to one of the Masters, " that the chief
expense of a Chancery suit is in the Master's office."
It is there that the most tedious and vexatious delays,
are occasioned. Inquiries may be directed that
could, under a judicious system be answered
in a few days or weeks at the utmost,
without the slightest difficulty or inconvenience ; but
years are consumed before any report can be obtained,
and meanwhile the progress of the cause is suspended,
until the patience and finances of the unfortunate
litigants are alike exhausted, while they are exposed
to that " hope deferred that maketh the heart sick."
Many valuable suggestions have been made for
the purpose of abating this monster nuisance.
Regulations have been proposed which might
in soma degree mitigate the evil. Mr. CHARLES
PURTON COOPER, the eminent Queen's Counsel, who has
long been favourably distinguished as a legal reformer,
proposes that each ldastor should be rendered reFpon-

TilE SU N,

sible for the delay, ample powers being conferred
upon him to etlforc3 attention to his orders, that he
should, in fact, be accountable to
.the Court if the
inquiry in any Call3El that had been referred to him,
was not brought to a conclusion within a reasonable
time. Mr. COOPER. has also framed the outline of
the proposed regulations, which he believes would
prove effectual.* There is no doubt that a great
improvement on the existing system would take place
if Mr. CooPEß's suggestions were adopted and car-
ried into practical effect. But we fear that they do
not strike at the root of the evil—they do not afford
an adequate remedy for the many serious grievances
that press with such overwhelming weight upon the
unfortunate suitors.

These delays and expenses, that have been so justly
complained of are not in any degree ascribable to the
Masters themselves, or to their subordinate officers.
We believe that a praiseworthy anxiety exists
among those highly respectable gentlemen to
expedite the business of their respective offices;
but, as we have already said, it is the system
that is radically defective, and until some great
and comprehensive alterations are made therein
nothing of real importance can be effected.
Neither the Court or the Master have any power of
accelerating the business in the office, or of compel-
ling: the parties to proceed with greater expedition.
In fact, as Mr. PUGH truly stated in his evidence—
"An ingenious solicitor, who cavils at everything,
and excepts to every step which the Master takes,
may delay proceedings without end." The same
gentleman also says, " Inquiries have lasted six, seven,
or eight years, which, without vexatious opposition,
and with proper vigilance on the part of the solicitor,
might have been completed in six months." Surely,
no stronger illustration could be afforded of the mis-
chievous consequences of the system.
We rejoice to find that the Society for Promoting
the Amendment of the Law has directed its atten-
tion to a quarter in which its valuable labours are so
much required. Notice has been given of resolutions
which are to be taken into consideration on the
next night of meeting, the 12th instant.
Among these resolutions two are of peculiar
importance, they indicate the true remedy by
which the grievances may be abolished the
creation of Judge-Masters who shall be authorised
to decide on every point in the causes that
may be brought before them, from beginning to end,
and who shall themselves conduct the inquiries that
may be necessary for complete adjudication.
The sixth resolution states—

" That the society is of opinion that the greater part
of the delay and expense now attending a suit in Chan •
eery arises from its being adjudicated upon by two
judicial persons, the Judge and the Master, who are not
necessarily in communication with each other."
The seventh declares—

" That if the Judge had the direct and exclusive
responsibility of disposing of a suit from beginning to
end, sitting in court or chambers, as he might think
best, and availing himself of the assistance of a staff of
officers similar to those now employed by a Master, the
society is of opinion that a great number of cases would
be early and speedily decided, and that months, or even
days, might be substituted for the years which now fre-
quently elapse before such suits are disposed of ; and
(lilt, having this object in view, the Judges of the court
should be enabled to decide points by way of special case
submitted to them."

If results of such magnitude and importance could
be effected, affording such well-founded expecta-
tions of a total abolition of the vexatious delays
that have so long prevailed, there is no
reasonable expenditure that should not be
encountered. But it appears that it would not in any
degree increase the staff of officers, or lead to en-
larged expenses. Why, then, should any un-
necessary delay take place before an expedient
so simple and likely to prove so efficacious
be brought into operation.
The Bth resolution states—." That if any of
the present Judges of the Court of Chancery
were willing to undertake the whole conduct and
disposal of a cause on this principle, a fair trial
might be given to the plan, without further super-
seding the present machinery of the Court of
Chancery."
'We cannot doubt that any of the eminent lawyers
who now occupy the equity judicial bench would
gladly undertake any additional labour that might be
necessary to give the suggestion a fair trial. Indeed,
Lord LANGDALE has already stated that so far as he is
concerned " he has been, and is, perfectly ready to
try the experiment." We trust that no time may be
Lost in carrying the proposition into full execution.

" We are in the month of February," says the
Journal des Debats. "Let us recollect the events of
last year!" The injunction is, at the present mo-

ment, most appropriate. At the present moment,
when the Republic is assailed by foes from within and
from without—when friends are looking fearfully and
opponents pointing scoffingly at the divisions within
the camp, it is well that the remembrance of February,
1848, should be called up. It is well that a reminis-
cence of the fate of Louis PHILIPPE should annihilate
the incipient hopes of the reactionary party. It is
well that a thought of the prohibited Reform Banquet
and its consequences, should recur to the minds of
those who talk of a two years' suspension of the
liberty of the press—a project which has assuredly
emanated from Charenton. Again, it is well that a
remembrance of the immaculate glories of the Young
Republic should shame those dastard.hearts which are
still prepared " to defile the cause of truth with blood."
Above all, it is well that the friends and foes of the
Republic should at once be encouraged and dismayed
by the recollection of LIMARTINE'S emphatic declara-
tion (in February last), that the people's victory was
so well assured that " no tyranny but their own could
wrest it from them." Nevertheless, although thus
conditionally assured in February, 1848, it was I ardly
possible—for Utopia is still a fable, although El
Dorado may exist—that a Republic could be conso-
lidated and a liberal constitution organized at once. We

have just learned, from good authority, that there are
seventeen processes to be gone through in one House
of Legislature alone before an Act of Parliament can
be bona fide. "Rome was not built in a day,"
saith the adage, and the French Republic
must be perfected by time and trial, and, perchance,
by tribulation. It is easy for the " carpet-knight" to
boast of his valour in the drawing-room, it is safe to be
loyal when the sovereign is paramount, or republi-
can in the first flush of victory. The storm alone
proves the mettle of the seamen, and it is left for the
February of 1849 to test the truth of those fair pro-
Fessions so profusely lavished in February 1848. The
virtue most necessary now to the Republicans of
France is fortitude. By displaying that virtue they
have now an opportunity of stabilitating their
national liberties and redeeming the character of
their country. ; Since JULIUS C.ESA.R so described
them in his ',commentaries the fickleness of the
Gauls has been proverbial. To them has been ap-
propriated the Latin poet's definition of women—
varium et mutabile server. These asset tions, as
modern no less than ancient history testifies, have
not been wholly unfounded. Now, however, an op-
portunity is vouchsafed to the French people of testi-
fying that, notwithstanding their volatile characteris-
tics, they are not wholly deficient in patient perse-
verance. In the present combination of adverse
circumstances a steady and pertinacious resolution is
required of all Republicans. They must listen
with stolid indifference to the illusive
souvenirs of imperial glory they must turn
with contemptuous disdain from the bright gold and
brighter promises of Orleanist and regctionnaire—
they must put back with shuddering horror the
blood-stained flag again proffered to their grasp.
Union is strength, and if the true Republicans will
cordially co-operate and calmly persevere, they may
laugh to scorn the proclamations of the club; the
conspiracies of the provinces, and the prognostica-
tions of kind friends across the water. Should the
people of France be true to themselves, and to that

Lberal cause with which it is their ambition to iden-

tify their name, it is a matter of comparative indif-
ference whether the present Ministry maintain their
portfolios or transfer them to other hands, or whether
the present Assembly continue to legislate or make
way for their successors.

We understand that the command of the forces in
India is to be offered to Sir George Napier, who is now at
Nice.

The Right Hon. Sir IL L. Bulwer, K.C.8., who
lately represented her Majesty in Spain, has been appointed
to succeed Sir R. Pakenham as British Minister in the United
States. Sir R. Pal:en ham, who has long been a diplomatic
servant of the Crown., will retire upon
.a well-earned pension.
It is understood that the differences with Spain which have
led to a suspension or diplomatic relations tyro in process of
amicable adjuiltmmit.

LONDON, WEDNESDAY EV_ENING, FEBRUARY 7, 18!9.

Kossuth's adherents had all fled. The vanguard of the
General fell n with the enemy on the lath, near SzAnto,
and forced thorn beck en Tukay. On the 21st a recon•
naissance showed us that the foe ha li retir,d, and had
taken an advantageous post near Tokay, 'faiczal, and
K.7.resstur. On the 22d Lieut.nant Field-Marshal Schlick
undertook the general attack of this 'position. MSjOr
tierczenanovsky led hie brave battalion Stephan, and- a
squadron of light horse, xsith four pieces of ordnance,
against Kereretur, while General Schlick pressed for-
ward with the chief column over Tallya end Mad to
Tarcza. The brigade Fiedler was engaged in the first
action, that of Pagen in the second.
" While the enemy kept up a smart fire, the com-
mander of the corps directed the storming of an accli-
vity to the left of the road, which was effected by the
third battalion, Archduke William, the light cavalry
chasing the rebel infantry on the plain. Our rockets
told well. The heights were taken at the second assault,
when the fee, having gained reinforcements in the in-
terim, began the attack anew, afer employing the vilest
treachery and promising subjection. A third time the
breach had to be mounted and the heights taken by
the cuirassiers, under Major Gorizutti. With ad-
mirable pluck these brave horsemen (Reiter) dashed
through two masses of infantry, and decided the battle
for us.

" Major Herczmauovsky, who meanwhile had taken
the village of Keresstur, was again assailed by a six
times superior force, yet kept his ground, 9,lthough the
most shameful acts were used to prevail upon our men
to cease firing. Here it was that the standard of the
perjured battalion, King of Prussia, was seized, side by
side with the Polish Legion. The enemy halted near
Tokay and Keresstur.
" They lost many men, principally of the Polish
Legion. We have to deplore the loss of a distinguished
officer. In the engagement at Mad, a division of the
enemy, who had ventured too near our sharp-shooters,
were driven back by half a squadron of light cavalry.
Captain Baron BOhm, who insisted upon leading the
charge, fell a victim to his dauntless bravery.
(Signed) " WELDEN."

From the confused statements of the above bulletin
we gather that Count NUGENT has not succeeded in
defeating the Magyars. It will be observed that be-
fore the battle the " rebels" had taken up an advan-
tageous post near Tokay, from which Count NUGENT
endeavoured to dislodge them, and that after the
battle " the enemy halted near Tokay." The Magyars
had advanced to the neighbourhood of Pesth, and
great fears were entertained that they would gain
possession of the Hungarian capital. A serious
emeute has broken out at Agram, and the whole of
Croatia is in revolt. The Croatians complain that
they have been deceived by JELLACHICH.