The Sun.
London, England, 1847-07-01 00:00:00

" triours" to whom petitions were referred,
from whence it is manifest, that the same
absurd jealousy as to any interference with the legis-
lative functions, by persons not members of either
branch of the Legislature, that has recently prevailed,
had then no existence. The " recevours" were not ne-
cessarily members of either House, and the "triours"
were assisted by the judges and King's sergeants.
The Members of Parliament generally would no
more have acted in opposition to the judgment of
those learned persons than the lay Members of the
present House of Peers would interfere with the
law Lords in their judgment on a purely judicial
question. The cases, however, in which private legis-
lation was required were comparatively rare, and
when brought before Parliament generally com-
manded an universal assent; in fact, there was seldom,
if ever, controversy, either as to the law or the fact.
They were chiefly cases for the improvement of pri-
vate estate., the settling of doubtful titles, and others
of a similar description; a greater degree of laxity in
consequence began to prevail. The judges or
sergeants were not called upon to give their assist-
ance in questions of such trivial importance and re-
quiring so little skill or learning to solve
their difficulties as those which generally
were to be adjudicated upon. The present
system, therefore, gradually sprung up, and
is continued, although 600 or 700 private Bills are
now annually brought forward—many of them, in-
deed the great majority, involving the decision of
disputed facts, the determining the relative weight
attachable to the evidence of witnesses of undoubted
integrity and of the highest scientific attainments, and,
finally, a judgment between conflicting claims which
should, if possible, be ever founded on fixed and in-
variable rules and principles, but which is required
from those wholly unacquainted with such rules or
principles, and who are in nowise qualified, either by
education,"practice, or attainments, for the discharge
of the judicial functions.
Private legislation had, in fact, the same relation
to proceedings in equity that equity had to common
la\v. Our taw courts, the Queen's Bench, Common
Pleas, and Exchequer were originally the only tri-
bunals in the country, and they judged according to
the common law and the statute law of the country.
It was found, however, that they were inadequate for
the exigencies of the nation. They could punish
wrong-doers, but they could not interpose to pre-
vent the commission of wrong ; they could impose
damages for a breach of contract, or a violation
of an agreement, but they could not enforce the
execution of that contract, or compel the specific per-
formance of that agreement. They had no cognisance
of, or jurisdiction over, cases binding on the conscience,
or connected with trusts. Necessity was, therefore,
speedily felt for the existence of another court pos-
sessing an extraordinary jurisdiction, and enabled
from its constitution to afford relief where it was
necessarily withheld in consequence of the strict
rules of the common law ; the courts of equity were
therefore constituted, and given a jurisdiction over
all cases of the latter description. There was still,
however, a further want; from time to time cases
might and did arise where great hardship was sus-
tained by individuals, and sometimes by the public
generally, and yet no relief could be afforded, either
at law or in equity, Such cases could only be dealt
with by the highest tribunal of all—the Parliament.
Each was to a certain extent to be regulated by its
own peculiar features, but, as we have already said,
they were of comparatively rare occurrence, and
seldom possessed any points of intricacy or difficulty.
Still, it was provided that the judges and sergeants
should render their assistance. There is no doubt
that if the questions had been of sufficient
magnitude or importance to call for or require the
constant employment and superintendence of learned
and competent judges, that such would have been ap-
pointed for the Parliamentary as well as for the
equity and law courts. Every precaution was
adopted to .procure the most able, the most learned,
and the most impartial men to occupy the bench of
justice in the latter courts; men the integrity of
whose lives, the purity of whose characters, and
whose universally recognised attainments qualified
them for the task, and who were rendered inde-
pendent of the Crown, so that no political feeling or
undue leaning should be suffered to disturb
the even tenor of their way. In consequence
these duties are generally discharged in a man-
ner beyond all praise, and which defy the breath
of slander or calumny. Is this the case in Par-
liament? and if not, why not? A greater amount
of property, more important and conflicting
interests now come before the Committees than those
which are submitted to the courts of law or equity,
and surely care should be taken to obtain judges of
equal learning, ability, and integrity to adjudicate
thereon.

A letter from Berne of the 24th, in the Constitu-
tionuel, says—" A grand meeting was held on the
21st at Brunnen, in the canton of Schwyz, on the
banks of the lake of Lucerne, between the delegates
of the seven Separatist cantons. The most violent
resolutions were adopted with a quasi unanimity,
signifying that the League relies in the last extremity
upon foreign intervention. Several Protestants of
note were remarked in the meeting. Hitherto, the
Conservatives of this creed have been, in general,
frugal of their hostile demonstrations on questions
which appear to be within the domain of religion.
This circumstance is enough to restore to the present
crisis its real character—that of an inveterate conflict
between the two great principles which divide the
political world."

A letter from Berlin of the 24th says—" Baron
DE CORNELIUS, author of the designs of the bas-reliefs
which ornament the silver and gold shield which
King FREDERICK WILLIAM lately sent as a baptismal
present to his god-son, the Prince of WALES, has re-
ceived an autograph letter of thanks in the German
language from Queen VICTORIA. Among other
things her MAJEST Y says :—' I hope that one day my
son, in whose name I write, because he is not yet
able to write himself, will prove by his intelligence,
and by his love of the fine arts, that he is worthy of
the chef d'muvre which his royal god-father has pre-
sented to him."

The Breslau Gazette states that a great many
persons have lately been arrested in Poland, and the
estates of several landholders confiscated by the
Imperial Government.

Madrid papers of the 23d have arrived.

The Correo denies the statement of the Faro, that
ESPARTERO has been restored to his rank and
honours. There was a rumour in Madrid that a
Narvaez-Serrano Cabinet was about to be formed.
GONZALES BRAVO, having been attacked by a Minis-
terial journal for his conduct in Portugal, has re-
signed his post of Member of the Royal Council.
The Estudiente, a Carlist chief, has appeared at the
head of a formidable band in the neighbourhood of
Burgos, and has seized a number of post-horses in the
various towns, and burned the telegraphs.
The Three per Cents. were done at 291 for cash;
the Five per Cents. at 17k; the Debt without Interest
at si; and the Coupons at 15.

We have received the Paris papers of Monday.
The consequences of Government interference to
keep down the price of bread, and to feed the people
of Paris, are now becoming manifest. For a Go-
vernment to feed an entire nation is manifestly im-
possible ; and if it undertakes to feed any one portion
of the nation, it can only do so at the expense of the
rest, and those who are thus robbed in order that their
more fortunate brethren may be unjustly favoured,
will naturally grumble, and from grumbling be led
to consider what it is that has caused themselves to
be plundered for the benefit of another portion of
their fellow-subjects. The provincials of France
appear to be at present considering this question.
" Why should Paris be so especially favoured ?" ask
they. The reply is obvious—" Lest an outbreak
should take place in Paris, and end in a revolution.
It is from fear—and fear alone—that the Govern-
ment provides for the sustenance of the people of
Paris." " Then let us try what fear will do for us,'
say the provincials ; and accordingly we find
that Mulhouse—the Manchester of France—was
on Saturday the scene of a food riot of the most
alarming description. The Moniteur publishes the
following account of the disturbance :

"A telegraphic dispatch from the Prefect of the Uppar
Rhine announces that troubles have broken out at Mul-
hausen since yesterday morning. The price of bread
«33 the pretext for it. The crowd ttttacked successively