The Sun.
London, England, 1847-03-29 00:00:00

Q I**T. -

Into equal heart and condition ; and until that
is effected a larger proportion of labour to the acre•
age will be required to develop its capabilities. It
is not, therefore, to get rid of the labourers that is
the desideratum, but to direct their strength into
salutary channels, to bring the gigantic power into
full and profitable operation. The bus;ness of the
Senate is to discover and remove the causes that have
hitherto obstructed and retarded this great result, and
until fully convinced that profitable employment of
the many is impossible, they should not entertain any
proposition for their removal to other climes.

It is impossible to review the recent prcceedings in
different parts of the country, in connexion, first, with
the criminal law itself, and next, with its administra-
tion, and not to be convinced that both the one and
the other are seriously defective. We are accustomed
to praise the purity with which justice is adminis-
tered in this empire, and not without reason ; for in
no other country do the judicial functionaries, supe-
rior and subordinate, possess so high a character for
integrity of conduct as the English. So far, there-
fore, as the well-being of society is dependent upon
the good intent with which our legal authorities
discharge their functions, we have no ground for
complaint, but much for congratulation. Much of
the prevailing dissatisfaction, in regard to the crimi-
nal laws and their incidents, is attributable to the
incompetency of the parties who are placed on the bench.
We speak not of the superior judges, but of those
whose ministration lies in the courts of inferior, but,
nevertheless, of extensive jurisdiction. One grievous
consequence of their notorious incapacity for the
judgment-seat is the gross inequality of punishment
that is awarded for the same offence. We admit the
necessity, for the sake of mercy, of intrusting the
dispensers of the laws with a certain degree of dis-
cretion, so that where extenuating circumstances
present themselves, and which it is impossible to de-
fine by the letter of the statute, the prisoner may be
dealt with in the most lenient manner. But we have
a right to expect that those who are invested with
this salutary discretion should be persons of undoubted
ability. Capital punishment excepted, some of the
sentences which are passed at the quarter-sessions
Equal in severity those which are inflicted in the
highest criminal courts. We have observed that far
heavier punishments, for crimes of the same class, are
awarded by the former than by the latter. Extensive
attainments and enlarged humanity generally go hand
in hand. The English Judges, as a body, have ever
been remarkable for the benevolent spirit with
which they temper the painful duties they have
to perform. A chairman of quarter-sessions is
empowered equally with a judge of assize to trans-
port a prisoner for a very lengthened period.
Should he not, then, be a person of superior and
peculiar qualifications for so responsible an office ?
and, in case of illness, should not his place be filled by
another in whom the public could repose equal con-
fidence ? We know, however, that chairmen of
quarter-sessions are not of this class, and that if they
are necessarily absent, prisoners are tried by the first
country ignoramus who happens to be senior on the
magisterial bench. So imperfect and ricketty a
machinery for such solemn purposes ought not to be
suffered to exist. However, the evils of the system
tell more against the poor than the rich man, which
constitutes an additional reason for its prompt altera-
tion. At the Middlesex Sessions, last week, the As-
sistant-Judge remarked that he thought the wit-
nesses for a female prisoner, convicted of stealing a
leg of pork, had committed perjury; he sentenced
her to imprisonment with six months' hard labour.
The counsel for the defence boldly denounced the
harshness of the sentence. The Judge justified
himself by reiterating that " the prisoner's wit-
nesses had perjured themselves, and the Court would
use its discretion in consequence !" The counsel most
properly rejoined, that " it was not the system
in this country to punish prisoners for the defence,
but for the offence, and such dealing was not consi-
dered justice in this country or in any other." The
Judge asserted he would act perfectly independent of
the opinions of the Learned Counsel. Hereupon the
jury remonstrated, and urged that the sentence should
be dimininished two-thirds, a recommendation in
which the bar, generally, expressed their concurrence.
In the end the Assistant-Judge promised to review
the case, and write accordingly to the Secretary of
State. Nothing could be more irrational than the
ground upon which this sentence was attempted to be
upheld by the head of the Court; yet this was an
error proceeding from one who has shown consider-
able ability and had great experience on the bench.
Seeing, then, how liable most men are to err, even
those who have established a general claim to the
confidence of the public, the desirableness is rendered
all the more apparent for the judicial functions of the
inferior courts being consigned to men of first-rate

We publish to-day, in another column, for the con-
♦enience of our readers who are interested in rail-
ways, an account of the Groups appointed by the
Select Committee for the classification of Railway
Bills, to sit after the Easter recess, together with the
names of the Bills contained in each Group, and the
week in which they will commence sitting.

A letter from Berne, ot* March 22, says—
" The opening of the first ordinary session of the
Grand Council for the year 1847 took place to-day. In
the absence of M. Tillier, whose health is indifferent,
the President's chair was occupied by the Advocate
Iliggeler, one of our most noted Radicals. In his open-
ing address he enumerated the different Bills which
were to be submitted to the sanction of the Grand Coun-
cil, and also adverted to another mutter, which, he said,
was to be brought forward for examination, namely, the
numerous petitions sent in against the appointment of
Professor Zellur, of Tubingen. These petitions, it may
be remarked, demand the annullation of an act alto
gether within the competence of the Government. but
which the Opposition is making use of, in order to pro-
v(,ke a reaction, like that produced in Zurich in 1839,
by the nomination of Dr. Strauss. I have this moment
learned that the Government has suspended several
pastors for having refused to read, yesterday, in their
respective churches, the proclamation of the Executive
Council, on the subject of the agitation produced by the
nomination of Professor Ziller."