The Sun.
London, England, 1840-05-29 00:00:00

LITERATURE.

STANDARD NO Vi:LS—No. LXXXIX.
13cntley, London, 1840.
The present Number of this popular Miscellany,
contains the whole of Mrs. Hall's romance of " The
Buccaneer," revised by the author expressly for this
edition, and embellieled with two engravings from
the pencil of Greatbach. " The Buccaneer," as
it was the first, so also is it the best, of
Mrs. Hall's numerous works of fiction ; the
principal characters aro sketched with quite a mas-
culine vigour, especially Cromwell, who is evidently
drawn COl2 amere, yet without swerving from the truth
of history ; nor is there any want of grace and tender-
ness in the story, as is proved by the sketch of the little
simple Puritan, Barbara Iverk, a delineation much to
our taste, and which may almost be pronounced an ori-
ginal creation. The tale, however, we think, might
have been compressed with advantage, for some of the
dialogues—we allude more particularly to the sentimen-
tal ones—are spun out to a most unnecessary length.

A DESCRIPTION of BRITISH GUIANA, :3-c.
By ROBP:RT H. SCHOPIRURGE, Es!

Simpkin, Marshall, and Co.
This work gives a very full account of whatever re-
lates to the physical structure, natural productions, and
present and future capabilities of Demerara, Essequibo,
and Berbice, which were united into one Colony in
1831, under the name of British Guiana. It is
by far the best account of this valuable Colony that
has come under our notice. The pursuit of
science led the author to visit the country, where
he remained for four years, studying its climate, geo-
logy, and vegetable and animal productions, and his
great objects appear to be, to counteract the general
belief of the unhealthiness of the climate, and to turn
the attention of the Government and the public
to it, as a desirable place for emigration and
the outlay of capital. It certainly appears from
returns made for twelve years between 1820 and 1832,
that the climate as regards the negroes is more healthy
than five or six of the West India Islands ; but this is
not a correct criterion of its effect on Europeans, as it
is well known that the endemic disease, which at dif-
ferent times has carried off so ratty whites, is not half
so fatal among the negroes. 1T
it hile, however, he ad-
mits the ravages has committed, he points out
satisfactorily the causes and the remedy. It is cer-
tainly a singular fact, that the cholera, which com-
mitted such destruction in different parts of the
world, and carried to the grave a tenth of the popula-
tion of Quebec, was never felt in Guiana, neither
was the influenza nor the grippe. We have not room
at present for noticing the numerous interesting details
in the book, but recommend it to the attention of our
readers.

We have received another pamphlet on the same
subject, by John Hancock, M.D., who resided many
years in that quarter of South America, and who
agrees with Mr. Schomburgk as to the richness of the
soil, the salubrity of the climate in the interior, and the
ample field which the colony affords for emigration.
The two publications hare, indeed, a wonderful simi-
larity, and hold out strong hopes that under proper
management, by draining the land along the sea coast,
and extending colonization into the rich and beautiful
plains of the interior, this colony may become the most
thriving and productive of any under the Crown.

PERPETUATION OR EXTINCTION OF
THE ECCLES IA S TICAL JURISDICTION
IN TEMPORAL CONCERNS, WITH RE-
MARKS ON TUE-COURT OF CHANCERY,
AND THE JUDICIAL COMMITTEE OF
THE PRIVY COUNCIL.
Br TriomAs Cr.ARx.

This is a very valuable contribution to the stock of
information possessed by the public on the subject of
law abuses, and it makes its appearance at a very
seasonable opportunity. Lord John Russell has an
Ecclesiastical Court Bill on the stocks, and Bills for
new-modelling the Court of Chancery, and the Judi-
cial Committee of the Privy Council have been
introduced into the House of Lords. Under these
circumstances, whatever tends to throw light upon
the pernicious working of our judicial system,
and suegests the remedies which are required for evils
of no slight magnitude, must, it is evident, be of the
greatest importance in a national point of view. The
Author of the work before us, too, is well qualified for
the task he has undertaken ; for though well acquainted
with law, he is not a professional lawyer. His legal
knowledge has not been acquired either by swallowing
a certain number of meals in Lincoln's lnn, or amidst
the anti-reforming influences of a solicitor's office.
it is the fruit of long and dear-bought ex-
perience as a suitor, and is untainted with
those prejudices in favour of things as they are, and
those motives of self-interest which are inseparable from
what is called a professional education.

As Lord John Russell's Bill is just now in abeyance,
we shall at present confine our notice of Mr. Clark's
book to those portions of it which relate to the Privy
Council and Court of Chancery, and return on a future
occasion to the subject of the Ecclesiastical Courts.
The Judicial Committee of the Privy Council owes
its existence to Lord Brougham, who introduced a Bill
into the House of Lords—which passed into a law—for
establishing it, and for transferring to it the appellree
jurisdiction of the Court of Delegates, a tribunal of a
most vicious constitution and so anomalous and
ineffi-
cient, that often, after a very heavy expense had been
incurred in the inferior courts, it pronounced no deci-
sion at all on an appeal, and the way, it is said, in which
the go-by was given to a puzzling or unpleasant cause,
was by arranging that an even number of Delegates
should attend, so that the opinion of the one-half might
neutralize that of the other. The author gives an out-
line of the constitution and powers of the new court,
which he admits to be a vast improvement upon its
predecessor. It is, notwithstanding, liable to several
objections, the most material of which are thus enume-
rated by Mr. Clark.
" The imperfections of this Court include the absence
of appointed periods for its convention—the want of
public intelligence of its proceedings through the medium
of authorised communication, and of impartial and inde-
pendent reports ; and it is a just ground of complaint,
that the parties whose interests arc at stake should have
no certainty by whom the appeal will be determined,
the Judges not being always the same nor the same
number—the numbers and the individuals composing
the Court :being determined by unknown sug,-
gcstinn or authority, independent of th© parties
to the appeal. Some Judges, as in other orders
of society, have higher reputations than others
for ability, attention, diligence, temper, impar.
tiality, and rectitude. Besides, if a question of law be
submitted to four or five Judges, two or three of
whom having never practised in a Court of Law,
defer to the others ; a judgment, pronounced as if
of unanimity, is virtually the judgment of; not the
Court, but only a portion of it ; and so, on
the other hand, in equity and ecclesiastical appeals
upon written evidence taken by forms foreign to
the habits of the Law Judges, and decided on different
principles and peculiar practice and precedent, each
Judge in turn having an equal voice, though with un-
equal competency to form a judgment."
The author proceeds to suggest the revival of an an-
cient practice in our Courts of Law, namely, that of
allowing suitors to challenge the Judges, and the
necessity of securing not only a presiding Judge
or head to this Court of final appeal, but also
the frequent attendance of the chiefs of the
Common Law and Equity Courts. then notices
the conflicting principles and precedents of these
Courts, and the awkward position of the Common Law
Judges in the Judicial Committee of the Privy Coun-
cil, who being sworn to administer justice according to
law, are nevertheless condemned to be guided by pre-
cedents and practice without any foundation either in
law or reason. Mr. Clad: then caters upon the un-
constitutional character of the Court cf Chancery, and
shows the danger to liberty and property of entrusting
so much uncontrolled power to the Chancellor. an
individual, combining, in his own person, the offices
of Judge and Jury, and having to decide upon
an amount of property twelve times as great as that
which comes -antler the adjudication of all the Law
Courts taken together. He corroborates his own state-
ments and reasonings on the enormous abuses and ab-
surd constitution of this Court, by copious citations from
the highest legal Authorities:fromßacon toßrougliam and
recommends various alterations, many of which have
the sanction of high names, and all of which would, in
our opinion, he improvereeats. For trial by jury , in all
cases where matt2rs of fact are to be decided upon,
he argues powcrfuliy, and we think, unanswerably. No
one, indeed, can read this part of the work (the 6th

7. " The possessor eta multitude of hettregenous
scraps of power too various to b© enumerated.
All these discordent bodies you see isc;osed in
one robe, that every one may corrupt another if it b•
possible, and that the due discharge of the functioss of
any one of them may be impassible—such is the care
and providence of chaos."

We shall return to the examination of Mr. Ciark's
able work, and in the meantime we take the liberty of
recommending the perusal of it to the MeMbers of
both Houses of Parliament. They will derive from it
much knowledge, and much valuable assistance in le-
gislating: on the important subjects, with tisk it. p tgeii
are occupied.