The Sun.
London, England, 1847-10-09 00:00:00

cf,riirtnt-ng ItIL

LONDON, SATURDAY, OCTOBER 9, 1847.

After receiving the congratulations of many
thousands of intelligent men in most of the principal
cities of Christendom, Mr.ConneN has been greeted with
the farewell acclamations of the good citizens of Ham-
burgh, and taken his departure homewards. Never,
we undertake to aver, has continental journey been
,more remarkable than this of the great English free-
troder ; never has a mere excursion for the restoration
of one man's health been signalized by so many
briViant festivities, or watched with so much of
agree able curiosity by the population of these islands,
as the excursion of this simple cotton printer and
burgess in the Imperial Parliament. In responding
to the enthusiasm with which he was greeted in the
Grosse Daehbahn, or Freemasons'-hall of Hamburgh,
we observe that the illustrious traveller, with a
modesty worthy of his character, protested that the
language of approval should, on no account,
be addressed exclusively to himself, but
should be extended to many of his com-
Patri ats, seeing that he was merely one of
the mernbers of a distinguished association, and, that,
with the mention of his name, should be coupled
those of his reforming colleagues, CHARLES VILLIERS,
JOHN BRIGHT, and their companions in the struggle
against monopoly. In a literal sense that assurance
was correct, but, without in any manner depreciating
the services of his fellow-labourers, we cannot but
think that the glory of achieving the downfal of the
protective system concentrates as conspicuously
around the person of the representative of Stockport,
as that of effecting Catholic emancipation does around
the late representative of Cork, or as that of achieving
Negro emancipation does around the deceased repre-
sentative of Bramber. The cause of the free-
traders has become as much individualised
.and embodied in RICHARD COBDEN, as the
cause of the Roman Catholics was in DANIEL O'CON-
NKLL, and the cause of the black slaves in 'WILLIAM
NVILREaroacE. And History, in recounting the
abolition of the Corn-laws, will give precedence to
COBDEN, even when enumerating such advocates of
liberty to commerce as VILLIERS, as BRIGHT, and
as Pt,B."NET TuoupsoN ; just as she will grant a
superior position to the LIBERATOR while commemo-
rating the eloquent
exertions of —RICHARD LALOR
fiEIL, of THOMAS WyBE and O'GoRmAN MAHoN, or
as she will bestow a
more lthenangthhened eulogium upon
WILLIA)I WiLnEaroaclitisaa
ten can even do upon
his renowned associates,
THOMAS
CLL.RK.SON, and FowELL Bucße,„:"lf'
What.ani
mwi
tays
avowed with so much gentiile-E'
ever-
y Sir ROBERT PEEL, on the oczioparmiomafgehnis.
memorable retirement from office
of England, will be corroborated by the futurenistQr
his-
torian of our country. Whatever credit is due to
others, it is certain that the principal merit in the
emancipation of British commerce from the thraldom
of many conturies, and in its release from the bondage
of a most venerable ignorance, is due to the over-
whelming logic and " unadorned eloquence " of
Ric lIARD COBDEN.
Convinced of this moral superiority of the
Member for Stockport, even over his many
distinguished associates, it surely becomes us
to testify, in some conspicuous manner, our
gratitude to the paramount victor of free trade.
Now that Mr. COBDEN is returning to us with a
renovated constitution, it were a fitting testimony of
our appreciation of his character and of his inestim-
able achiev;nnent, to emulate the enthusiasm of
Continental Europe. It would be the most inex-
cusale thanklessness on our part to allow him to
return from his pilgrimage among the nations with-
out- some suitable demonstration of respect. France
has aforded him a welcome—Spain 'DM afforded him
a, we iconic.--Italy has afforded him a sselcome--
Ralizito has Afforded him a welcome, and so

has Germany, and Belgium, and the Han-
seatic Towns. Shall England his father-
land—the land for which he strove for seven years so
bravely and consistently against obloquy, and ca-
lumny, and prejudice, and scurrilous vituperations—
shall England alone remain impassive at the advent of
COBDEN ? True it is that a testimonial of several
thousands of pounds has been accumulated during
his absence, as a token of national gratitude ; but
would it not be the most worthy evidence of our sen-
timents towards the leader of the League to present
that testimonial to him on the occasion of some mag-
nificent banquet, given in celebration of his return to
England—say within those walls of Covent-garden,
which have so often resounded with his voice when
pleading in the cause of the industrious classes ?
Even among a race, notorious for being the most
phlegmatic in the length and breadth of Christendom,
the more intelligent Germans have forgotton their
constitutional sedateness to greet with becoming
earnestness the English apostle of free trade. Before
the commencement of the dinner given to Mr.
COBDEN, on the 4th instant, at Hamburgh,
his entrance was announced by the band playing
that renowned air from Richard Cceur de Lion :
"Du stolzes England freue dich,
Dein Konig, Richard, liebt dich noch.
(Thou proud England rejoice,
Thy Sovereign, Richard, still loves thee)."
It was a compliment as beautiful and enthusiastic
as that which saluted the ears of Boz on entering
the theatre at Edinburgh some years ago, when the
orchestra struck up the Jacobite song—" Charlie is
my darling !" or as that which brought tears to the
eyes of the susceptible author of Gertrude of Wyoming,
when a military band stationed in the dockyard of
Portsmouth welcomed his appearance with the lively
strains of the old Scottish march—" The Campbells
are coming." If the sober Germans received Mr.
COBDEN in a manner so peculiarly graceful, shall
not the English commemorate his arrival in like
manner, and by commemorating his arrival afford
a fresh incitement to those true and practical
benefactors of their fellow-countrymen who remove
abuses from the constitution, and thereby extend and
ripen the principles of civil and religious liberty? That
we are not incapable of displaying enthusiasm as grace-
ful as that of the citizens of Hamburgh, of Edinburgh,
and of Portsmouth has been recently evinced by the
spontaneous ardour with which SHAKSPERE'S birth-
place was purchased for the nation. One of her
Majesty's Ministers (the Noble Lord the Chief Com-
missioner of Woods and Forests) has just paid an
official visit to the humble tenement at Stratford-on-
Avon, and has even made a pilgrimage to Shottery to
view the cottage the thatch of which once sheltered
ANN HATHAWAY, the mistress of the immortal poet
We are not that unimaginative, unpoetical, stolid, or
phlegmatic race which our enemies would represent
us to be. We can appreciate and honour Genius and
Patriotism. Let us, then, welcome our eloquent and
patriotic countryman RICHARD COBDEN.

Oa Monday last we alluded to the vast importance
of the new " Act for the more easy recovery of small
debts and demands in England" to the vast majority
of the people of this country. There is not a single
person of the middle or less wealthy classes that is
not more or less deeply interested in its operation. It
may, indeed, be said that the courts thereby consti-
tuted form the only civil tribunal accessible to the
smaller tradesmen, and the entire body of artisans,
operatives, and labourers throughout the whole king-
dom, in which their contracts can be investigated, and
every demand and claim, either by or against them,
adjudicated upon. It was for their especial use and
behoof that this extensive jurisdiction was created,
and it is essential that the utmost vigilance should be
observed, to guard against any defects either in the
law itself, or the mode of its administration, so that
the entire code, which is but in its infancy,
should be purified from every abuse and
made as nearly perfect as possible. This duty must
chiefly devolve upon the public journalists. The
more wealthy suitors in the superior courts are
enabled more readily to put forward any grievance
and direct the public attention thereto than their
poorer brethren ; besides, in the former case there is
a numerous body of acute and intelligent professional
men, under whose observation every single case
must come, and some of whom will, in all human
probability, be actually engaged therein on one side
or the other, who will not be slow to detect and
comment upon any erroneous or unfounded decision,
and there will always be the opportunity of an appeal
to the full court from any objectionable decree or
ruling of a single judge. Every safeguard is thus
afforded to the parties interested. The occupants of
the judicial bench are selected from those who have
attained the highest eminence in their profession.
The force of public opinion guards the purity of the
ermine. Those who are well aware that every judg-
ment will be impartially scrutinized, and that if at
all of doubtful character, or involving a disputed
principle, it will be reported by competent persons,
and handed down as a precedent, and that if dis-
approved of, or overruled, the person by whom
it is made will necessarily be censured—
will, for their own sakes, exercise the greatest
caution, and maturely consider every difficult ques-
tion before deciding thereon ; there is also the know-
ledge that the judgment will be reviewed before others
of equal rank, so that there will scarcely be the pos-
sibility of a mischievous result, even if an error
should be committed in the first instance. It is not
too much to say, that every one of these protections
are wanting to the party appearing before the county
courts. It will not be considered disrespectful to the
Learned Gentlemen who have been selected to pre-
side over those tribunals—against whom it is not our
wish to breathe the slightest imputation, or to utter
one disrespectful remark—to say that they cannot be
considered on a par, as to legal skill or learning, with the
venerable judges of our superior courts. It is natural
to suppose, therefore, that they would be more liable
to mistake, more particularly as they are called upon
to interpret a new code, to administer a recent law,
and they have not the advantage of the labours of
their predecessors—the recorded decisions—to guide
and assist them in coming to a just conclusion.
There is also, for that reason, much greater latitude
accorded. It will more frequently become their duty
to make than to follow a precedent ; it would, there-
fore, be more necessary that such new decisions
should be subjected to revision, and also to the con

trolling power of public opinion. But this is not the

case; the small remuneration allowed for professiona

men, in order to give cheap law, has practically
_ _ _ _ _ _

banished almost every respectable practitioner from

the courts, or, at least, prevented such persons from
habitually attending, and any appeal or demand for a

new trial can only be made to the very person whose

udgment is complained against, or alleged to be

erroneous, as WP pointed out on Monday last. It is,
therefore, doubly incumbent on the press, as guar-
dians of the popular rights, to regard attentively
every case, the consequences of which, if followed,
may be prejudicial to the people.

In another column of The Sun we publish a
letter from a correspondent, who details a
case of great hardship,' and of which we think he
has just reason to complain. It also illustrates
strongly another of the defects of the law itself and of
its administration. It appears that he was summoned
to answer a demand for a sum of Es., alleged to
have been due since the year 1842. Since the period
at which it became due he had been discharged as a

bankrupt, which furnished a sufficient answer to the
demand. He served due notice on the clerk of tl-e
court of the nature of his intended defence, pursuant
to the 19th rule of practice certified by the Chief
Baron and four of the judges, and also wrote
directly to the plaintiff apprising him thereof, and
begging that he should not be put to the trouble and
expense of leaving his home and going a distance of
twenty miles to defend himself against the unfounded
claim. To this reasonable request no answer was
returned, and be was therefore obliged to travel
a distance of forty miles, twenty going
and the same returning, and to
absent him
from his business, and incur the unavoidable ex penses
elf
of the journey, &c. He fully succeeded in his defence,
producing his certificate, and there was a decision in
his favour. Its truth and accuracy must have been
fully known to the plaintiff when he put forward his
unjust demand, and it must have been persevered in

for the sake of annoyance, after he received the notice

of the defence, which was not merely sent to the

clerk of the court, as required by the rule, but for-

warded directly to the plaintiff himself. It would

ieeml therefore, that if ever there was a fitting case