The Sun.
London, England, 1847-07-09 00:00:00

JULY 9, 1847.

LEGAL EDUCATION REFORM.
The report prepared by the House of Common's Public
Committee (of last session) on Legal Education, has only
just appeared, accompanied by voluminous evidence, &c.
Appended are extracts from its concluding pages, pre •
senting some of the principal recommendations of the
Committee :
" 1. That the present state of legal education in Eng-
land and Ireland, in reference to the classes professional
and unprotessienal concerned, to the extent and nature
of the studies pursued, the time employed, and the
facility with which instruction may be obtained, is ex-
tremely unsatisfactory and incomplete, and exhibits a
striking contrast and interiority to such education, pro-
vided as it is with ample means and a judicious system
tor their application, at present in operation in all the
more civilised states of Europe and America.
" 2. That is shown, in a striking degree, in our public
institutions. In none of our collegiate establishments,
serving as places of preliminary study to our Uni-
versities, are any legal courses, however elementary,
pursued. There is no course sufficiently extensive,
available, or accessible, for the general student, still
less for the professional. The Inns of Court have
long since, in England, discontinued their lectures
and readings; in Ireland they do not appear
to have been ever given. Exercises altogether nominal
have been substituted; and these, with a certain number
of attendances, or presumed attendances, or dinners, are
the only conditions at present insisted on for admission
to the bar. No better provision has been made by the
public for the instruction of the solicitor. No profes-
sional education of any extent, or at all adequate to the
end in view, is provided for the practitioner in the Eccles
siastical Courts, the diplomatist, or the administrative
professions which, on the Continent, have attracted the
greatest attention, and for the education of whose mem-
bers such ample means have been contributed by the
State.
" 3. That it may therefore be asserted, as a general
fact to which there are very few exceptions, that the
student, professional and unprofessional, is left almost
solely to his own individual exertion, industry, and op-
portunities, and that no legal education, worthy of the .
name, of a public nature, is at this moment to be had in
this country.
" 4. That it does not appear to us that this state of
things is defensible, much less desirable. We bestow
great care on the education of the theologian and
physician ; nor has your Committee received any evi-
dence which would lead them to exclude from the
operation of such a principle the education of a barrister
or solicitor.
"5. That this conviction is not less strong when we
come to a careful consideration of the results of the
present want of legal education as they affect the
student and society. He is called on to act as
magistrate, legislator, administrator, with insufficient
knowledge, crude ideas, and false views. The
professional man suffers still more. The barrister
has to obtain his knowledge by practice only, and
must, more or less, however it may be useful as an instru-
ment in acquiring immediate wealth, feel, when called to
a higher sphere of usefulness and duty in his profession,
that technicalities will not supply the want of the spirit
and wisdom which would regulate their use. The soli-
citor comes ill entitled, through want of the qualities
which sound and careful education can best give, to that
confidence and reliance which the very delicate and
complicated nature of his duties demand. The Minister
or Consul abroad has experience only to guide him, and
in the many international questions which may arise,
looks principally to precedent for guidance and support.
" 6. That amongst other consequences of this want of
scientific legal education, we are altogether deprived of a
most important class, the legists or jurists of the continent;
men who, unembarrassed by the small practical interes:s
of their profession, are enabled to apply themselves ex-
clusively to law as to a science, and to claim by their
writings and decisions the reverence of their profession,
not in one country only, but in all where such laws are
administered.
"7. That we do not ascribe these defects to indivi-
duals, but to our peculiar system and practice. The legal
education of the Continent is conducted almost exclu-
sively in the universities, and the universities are regu-
lated on a totally different system fr..m ours. In our
universities, not only is the general student uninitiated
in such studies, but even if he were disposed to attend
them, his ambition is stimulated by higher rewards
in other branches, and by the exclusive and absorbing
cultivation of, especially, the mathematical and Classical
divisions of his course.
"8. That your Committee have not., however, come
to the conclusion that this state of things does not admit
of correction; on the contrary, they have received during
their course of inquiry, very direct and unquestionable
proofs of all classes, professional and unprofessional,
not only from the necessity, but also of the facility of re-
form. Already commencements, with no small degree
of success, have been made. The period thus appears
to have fully arrived when larger, wider, and more
systematic co-operation may be demanded and expected,
and when suggestions from the Legislature will not be
wdisregarded by the _nubile,. latit ,esoecially banprofessional
ws.
" 9. That a system of legal education, to be of general
advantage, must comprehend and meet the wants not
only of the professional, but also of the unprofessional
student.
10. That legal education for the general unpro-
fessional student can scarcely be commenced on any ex•
tended scale, earlier than the period of university educa-
tion. It is deemed advisable, however, with a view of
general or non-professional, rather than of professional
education, that chairs of law, &c., should comprise
amongst their courses, besides the general principles and
elements of jurisprudence (the base and introduction to
all legal study, and the natural sequel to history, mental
and moral philosophy), courses also of constitutional law,
comparative constitutional law, political and commercial
geography, statistics, and political economy.
" 11. That an outline of the history and progress of
law, with the elements of jurisprudence, from approved
text books, might very advantageously form a portion of
the under-graduate's course in the English and Irish
universities, in continuation and illustration of the
elements of history and mental and moral philosophy :
and should the present course of academical studies be
so extensive as to preclude such addition (which may be
doubted), such portions thereof as are of comparatively
minor importance might be suppressed, so as to allow
the proposed law studies to be substituted.
" 12. That in order to give efficiency to such change,
two examinations should be admitted, the one of the
character usually required to qualify for degrees of arts,
the other such as is required for honours.
" 13. That with a view of making similar provision
for the more advanced students, especially such as pro-
pose to devote themselves to the legal or even clerical
profession, it appears essential that greater efficiency
should be given to the existing chairs; and in propor-
tion as the study shall be more cultivated, greater ex-
tension to the courses and a greater number of chairs to
each department. To realise this, it will be necessary
that greater advantages should be attached to the law
degrees, and a greater amount of study and knowledge
be demanded for their acquisition. Connected with the
chairs of civil law, might be instituted chairs of inter-
national law and colonial law, for such as might find it
necessary or advantageous to attend them; and with the
chair of English law, and subsidiary to it, chairs of con-
stitutional, comparative constitutional, and municipal
law, might successively be established, for the conveni-
ence and instruction especially of such general students
as might wish to prosecute their studies in the univer-
sities farther than the proposed elementary legal course
of the under-graduate.
" 14. That to render these lectures of benefit, your
Committee are strongly impressed with the importance
of accompanying all lectures with as much of private
instruction and questioning as may be practicable, but
especially with periodical examinations; which may thus
afford tests not merely of a given amount of knowledge,
but, to a great degree, of assiduity and perseverance in
acquiring and retaining it.
" 15. That it appears from evidence before your
Committee, that the professi,,nal student could scarcely
acquire, even with these additions, that special and
thoroughly professional education necessary for pro
fessional success at an university. In other words, a
college of law seems not less important to the lawyer
than a college of surgery or'medicine to the surgeon or
physician.
" 16. That this institution is to be sought rather in
the application; if possible, of old establishments than
the erection of new ones, from the guarantee which the
former give of order, efficiency, and permaneoncy:
met
that such institutions ate, to a great degree, t
with in the Inns of Court' in both countn _
.I%To
violent or inappropriate innovation •is
to their own
forced upon them. They resort o y
attempted to be
ancient statutes and practices._
bandnresume anew the
original objects of their insttittuotiothis
• application of the '
17. That to give effeocses
ecial or professional
Inns of Court, to the pur
more advisable that the
law college, it ape
R eacrsountry should co-operate ; and in-
several inns in t fnuclrf Sp
for its own .use or that of its
stead of each providinglectures on all the greatdepart-
mentsstudents, a series
of
lish law,
nish of civil and English
quota to the general course, in that each its depart-
menthich is most congenial to its constitution; and to
w
admit indiscriminately, on payment of the same fees, All
students of the inns of court, no matter of what inn,
without distinction. The four inns would thus form, for
all purposes of instruction, a sort of aggregate of col-
leges, or, iu other words, a species of Law University.'
The' King's Inn' in Ireland, adopting the same course,
but forming one body, would, like its university, be at
the same time college and university.
" 18. That in order to give full effect to these lectures,
it appears to be advisable that entrance into the inns of
court, like entrance into an university, should be pre-
ceded by an examination by way of matriculation, to
which should be considered equivalent a degree in arts,
but especially if the changes above recommended were
carried into effect in the universities, a degree in law.
The lectures should be accompanied with questioning
and examination daily, and with an examination of
greater length and minuteness at the termination of
to each
course. Finally, before applying for admission the
bar, the student should be required to pass a proo
throughf
an additional one for honours, the notice and
which, k
after each examination, should be kept and pub
-
the the benchers would
lished. It has been doubted bow far ,

" 24. That it would be highly advisable to substitute
fur attendance on Term Dinners in the several Inns,
attendance on Term Lectures, the number and nature of
which, and how far obligatory, and how far optional, to
be determined by common consent, and on'an uniform
plan; and that students in England and Ireland should
be entitled to make use of certificates of such attendance,
whether in the Inns here or in Ireland, as qualifying
them (other conditions being also fulfilled), equally, for
admission to the bar. _ _

" 27. That in providing for the special legal education
of the solicitor,astringsnt examination should borequired
in proof of a sound general education having been gone
through previous to admission to apprenticeship.
"26. That for the further education of the solicitor,
it would be highly advisable he should also have, even
whist articled clerk, opportunities for attendance on
certain classes of lectures in the Inns of Court, and also
on others of a nature more special to his own profes-
sion, in the Law Society of which he might happen to
be a member.

" 27. That to render morebeneficial societies which em-
brace the double purpose of surveillance over the pro-
fession and of instruction, it would be advisable to keep
the purposes distinct, and to adopt, in the appointment
of professors, rules analagous to those recommended to
the Inns of Court.

" 28. That the examination of the several courses
which the future solicitor should be required to attend,
should be marked equally by a certificate and examina-
tion, and that the final examination, as a condition for
admitting to the profession, should be conducted more
in reference to general priuciples than technicalties (as
appears now to be the case) by enlarging and improving
the examination papers, and calling in some of the ex-
aminers of the Inns of Court.
" That it should be in the power either of, the gcvern-
ing bodies of the Inns of Court, or of the Solicitors'
Societies, to admit the certificates of attendance on lec-
tures in the Universities, to a certain extent, as exempt-
ing from attendance on their own.
"30. That it might be advisable to found Law Scho-
larships and other endowments, in either the Universitiea,
or the Inns, or both, for the purposes of encouragement
"31. That annual reports should be made to Parlia-
ment of the state and progress of the system, in all its
bearings.
32. That these arrangements should, as much as
possible, be carried out by common consent and co-
operat ion.
" 33. That for this purpose delegates should be in-
vited to meet from the Inns of Court, the King's Inn,
and the Solicitors' Societies, Dublio, and communications
for the same purpose should be had with the Universities.
"34. That in the failure only or neglect of such in-
vitation, or refusal to take active and efficient measures
to carry into operation the reforms proposed, resource
should be had to a Commission, to be compost d, how-
ever, partly of legal and partly of official members."

FIGHTING INTELLIGENCE.

The Clare Journal contains the following:— -,
" An unpleasant occurrence took place at the Quarter
Sessions Court in Kilrush, on Friday. We have been
informed that while Mr. O'Connell, who was engaged in
defending the persons charged with the late outrage upon
Mr. Hill, the Government Inspector, was addressing the
court, Mr. Hill, who was on the bench, was observed to
laugh more than once at the observations made. Mr.
O'Connell, addressing Mr. Hill, asked if he were laugh-
ing at him. The reply was, that indeed he was laughing
at his foolish observations. Mr. O'Connell observed in
reply that that was language that he would not suffer to
pass with impunity elsewhere, and that he should notice
it out of court. The barrister, atter some observations,
called upon both gentlemen to enter into securities to
keep the peace. Mr. Hill said that he did not intend
that the matter should proceed farther, and pledged him-
self to that effect. Mr:OXiNettnellOid the same, but the
barrister insists the fkiwa-“Ver,Rien4aitivid,ienter-----.., --,--r-. .T-
-into recrignizances, nunseir in -.mut., o sere ... ------------,
....,
all. each, to keep the peace. This Mr. O'Connell peremp-
:orily refused, when Mr. Major desired the sheriff to ' ' ' , -
take Mr. O'Connell into, custody ; and the .sheriff re-_
quiring a committal, it was drawn up, and Mr. O'Con-
nell was sent to Bridewell, where he spent the night.
The excitement in the town during the night was re-
markable. A tar barrel was lighted opposite the bride-
well, and the people paraded the streets, hen el by an
amateur band, and it was a late hour before the multi-
tude retired to their homes. The attorneys, in a body,.
visited their incarcerated brother, and spent the evening
very pleasantly. In the morning Mr. O'Connell was
brought into court, escorted by two policemen.

THE WEATHER AND CROPS.

We have had another week of almost tropical heat
and splendour. On Sunday, the thermometer, in the
interior of the county, stood at 100 and at 84 degrees
in shade. The consequence is that crops of all kinds
are rapidly progressing ; and the liveliest hopes are
entertained of an early and abundant crop. Notwith-
standing tho reiterated predictions of one or two
would-be " black prophets," that there would be no
alteration in the provision markets till the present
crop was off the ground, the prices of the staff
of life are everywhere receding. Vegetables are
plentiful ; and very shortly there will be an abun-
dant supply of new potatoes to assist in keeping the
grain and cattle markets in check. Wheat and oats
throughout the country are generally in ear, and give
promise of good crops. Potatoes, which are so narrowly
watched; and regarding which so many rumours are
abroad—said. for instance, One day to be entirely alien
away, and the next to be reinvigorated with new life—
have as green and heathy an appearance as we remem-
ber to have seen them. They are coming very generally
into bloom, and are not the least uninteresting of the
flowering tribe in field or garden. We have assurances
from every quarter of Ayrshire that the crop is still free
from disease. The hay harvest has begun in many
quarters ; and better weather could not be got for
making it " while the sun shines " The pastures are
still green and luxuriant, though we have had little
rain for three weeks ; the evenin4 dews are heavy and
invigorating. We have thus every cause for rejoicing.
—Ayr Observer.

IMPROVEMENTS AT FOLEESTONE.—Exteusive im-
provements are now carrying on at Folkestonehar-
boor, under the auspices of the South-Eastern Railway
,s
er
Company. Those of our readers who have si trr
Folkestone will know that at present asagemniille from
Folktstone disembark on the top of the hilt,.
ranchline
the harbour, although there isoa 57 II °
running down to the north end
1 little use to the
of merchandise,
branch has only been used hithearrtsoftitiloorsstrerbcoounrv.eyTanhcie
it being of comp
it Lopped at she north side
Ysis'imtsPo°friaanstwivmel
continental passenger whilst hi now to be made avail..
of the harbour. The DI
evoenr
ni eups purpose
bridge of til&
theen harbour
present
able for passengerr
across a Pe.- sterfarff(Lifc'execduoonne
of conveying trains
bprriodvgeemsoent in course
this quay the
passengers '
French boats start, and will be thus enabled
branch railway to the. south quay. Frome
to step out of the trains on to the quay, and into the
steamer. Here it is intended to erect an extensive sta-
tion and Custom-house. The principal feature of the
works now in progress, however, is the construction of a
pier or breakwater at the entrance to the present har-
bour. This pier is to be carried cut to the extent of
about 400 yards beyond the present harbour, and whilst
it will protect the harbour from being obstructed by
shingle, it will form the western boundary of an exten-
sive harbour, covering more than 100 acres, in which at
low water of spring tide, there will be a depth of water
averaging from 10 to 25 feet.—Maidstone Journal.
THE VASSITEI TIDJARET.—THE MEANS or CoDt-
mEacE.—This splendid steamer took a distinguished
party down the River on Wednesday, previous to her
departure for Constantinople. This vessel h_
bees
built for a commercial company, of wheat the
the chief, and is intended for trading betwefenc
length,
e
Cinjtanstanis-
tinople and Trebisond. She is of 200 feet (The ngines
31 feet 6 inches beam, and 19 foeet_deerp;
doublei)at.en t
double cylinder principle, of
are by Messrs. Maudslay SonslaodwFler
revolutions per
of 300 horses, but an actual
op t .
nominal
of
fc 000lnleentehrtli er power
was ascertained to
minute, and the speed of
miles an hour through the
that amount. Theydmotadtehetwvelssyelone
be upwards of fifteen s
size o_
water—an extraordinary
1 000 tons), and that she had on board.
the vessel (nearly ,
speed considering the ' c
100 tons of coal, all her stores, boats, &c., ten tons ral
water, was fully rigged, and drew thirteen feet wator.
She left Blackwell about twelve, proceeded to within
two miles of the Nore, and returned at twenty minutes
past five. The following were amongst the compar4:—
The Prince and Princess Callimaki, Sir Stratford and
Lady Canning, the Baron and Barone'as Moncorco, Sir
Jasper Atkinson, Count Rosen, Aliidemoi,e,le de Sar-
mento, Sir Moses and Lady Montefiore, Mr. and Mrs.
Zohrab, Mrs. Lawrence, Admiral Betsey,-Colonel Tul.
loch, Mr. Maclurlane, &c. The CAistreans ,bind was
in attendance, and the party partook of a superb.
clejertner, after which dancing commenced with great
spirit; and continued until the arrival of the Teasel et
her moorings..