The Sun.
London, England, 1846-07-16 00:00:00

,IX(cirithrff "11114

LONDON, THURSDAY, JULY 16, 1346.

Lord BROUGHAM on Thursday night, called the atten-
tion of the new Government to a circumstance which, to
say the least of it, must be considered a most extraordi-
nary and irregular proceeding. We cannot conceive that
in so doing his Lordship was actuated by any feeling
of hostility towards the Ministry, or by any desire to
embarrass them in any the slightest degree. No time
could be mere proper for the purpose than the present,
when one of the important judicial situations, indi-
cated in the report of the Parliamentary Committee
for the revision and reduction of the salaries of the
Principal officers of state, and in the salary of which
a reduction was contemplated, has just been accepted
by a Right Hon. and Learned Gentleman, although
he has not yet been formally installed in his high
position. There is nothing on which public
IP-lert.,Y is more dependent nothing which
111112.; li4 be guarded with a greater degree
of g'Llance, than the preservation of the indepen-
dence of the judicial bench, the entire absence of any
control on the part of the Executive, or the possibi-. lity of any undue influence being exercised over
those to whom the exposition and interpretation of
the laws of the country is to be entrusted.
ir •
) who ..fs,ory
furnishes too many examples of judges
sacri-
ficed name and character by an undue truckling to
the superior powers on whom they were then de-
pendont. and by whom they might at any
time have
been depr:ved of their situations and reduced to com-
parative poverty and obscurity. Who can have read
of the fearful horrors enacted before a JEFFERETS,
and not have shuddered at the atrocities, the judicial
murder, sanctioned by a wicked and corrupt man ?
True it is, there is now little prospect of such scenes
being again exibited. The force of public opinion
iist. tb4:;) a_iii,o,t," too potential to permit such
r4iiactic—ers tcr be
,‘, for a moment tolerated, but
k., Still the uitnott :de ee of jealousy should be felt at
~
L,.„,,,tb,...g.w..9.4,,.0gh comparatively innocent and
J_:,_,..,,,,
c
1%,1 A S

-7/4;

harmless in itself, might possibly form a precedent,'
the principle of which might possibly be injuriously
extended at any time hereafter. The first introduc-
tion of the point of the wedge should be zealously
and firmly resisted.
The greatest safeguard to public liberty has been
found to consist in the separation of the executive,
legislative, and judicial functions, and in their en-
tire and perfect independence of each other. Acting
on this principle, the appointment of any man to the
office of a judge is made "dttm se bene gesserit"—
not during pleasure, but during good behaviour.
When once appointed, he cannot be removed by the
Crown, except for sufficient cause, on the address of
both Houses of Parliament. So much for his inde-
pendence as regards the permanency and duration of
his office; were it otherwise, we should perhaps have the
bench occupied by zealous and active partisans, and other
qualifications looked for than legal knowledge and
acquirements, and upright and honourable characters.
The distinguished and learned men who have for
many years past filled the station have, on their
elevation to the ermine, invariably laid aside their
private and party feelings, and a political judge is
happily unknown in our country.
The next step to the independence of the bench to
be attained was to secure to its occupants a re-
muneration amply sufficient for the important duties
entrusted to their care, and so liberal in amount as to
place at the disposal of the Crown the most talented
and able advocates, and to induce such persons
willingly to give up therefore the most lucrative
and valuable private practice. Accordingly, the
salaries of the judges were from time to time regu-
lated by various Acts of Parliament. They no longer
were suffered to remain charges on the Civil List, as
they had formerly been, but were transferred to and
made payable out of the Consolidated Fund. The
last statute fixing the salaries of the two situations
to which we more immediately refer, viz., the Chief
Justices of the Courts of Queen's Bench and Common
Pleas, was the 6th Geo. IV., c. 82, by which the sum
of 10,0001. per annum was fixed as the salary of the
first, and 8,000/. as the salary of the second, which
it directed to be paid to them quarterly. It was, by
that Act of the Legislature considered that such
would be the proper sums to be paid, and it was never
contemplated that less should be accepted. The only

Power by which those sums could be constitutionally
. _

varied or reduced was that of the Parliament itself.
It was felt, after the opinion of the Committee to
which we have referred had been obtained, that these
salaries might be advantageously reduced to 8,0001.
and 7,0001. a year respectively; an it was intended
to bring in an Act to carry into execution that re-
commendation, by which it could alone be constitu-
tionally given effect to. When one of the offices re-

ferred to became vacant, it would have been correct
to have informed the person appointed thereto that
it was intended to apply to the Legislature to reduce
the salary, and to stipulate that he should not, after
such an Act was passed, be considered to have any
vested interest in, or claim to, the higher salary,
but that he would accept the office, subject to
the probable reduction. This would have been correct,
and no possible objection could be made thereto; but
until the reduction had actually been sanctioned by
the Legislature the original salary should be paid
without deduction of any kind, otherwise bargains,
degrading alike to the Minister and the judge, might
possibly take place. We regret, therefore, that Lord
DENMAN gave the sanction of his high name to so
mischievous a precedent. We cannot be supposed
for a moment to contemplate the possibility of any
of the results we have mentioned occurring in the
case of that distinguished Nobleman, for whose cha-
racter and conduct we entertain the highest respect
and admiration. We conceive that he was led into
the error by his total disregard of selfish considera-
tions, and a readiness to make any pecuniary sacrifice
for the good of his country ; but, amiable as the mo-
tive might be, the transaction is not the less objection-
able, and we sincerely trust that it may receive a
speedy and efficient remedy, and that in the new ap-

pointment no such stipulation or understanding may
have taken place. _

By our latest intelligence from America it appears
that hostilities are still maintained, though accompa-
nied by much mutual hesitation, between the United
States and Mexico. Conscious of its incapacity for a
movement so adventurous, the invading army has ne-
glected to penetrate further into the beleaguered
country, and by that unwilling inaction has almost
bvcre I tilk#Cl ICU ca a."sninaar enark- of
delay from a knowledge of the total insufficiency of
their forces to repulse their assailants. Despite, how-
ever, this compulsory armistice, several remarkable
circumstances have transpired, which altoge-
ther change the position of both parties. By
advancing slowly upon the enemy's territories
the American troops, under General far Los, have
captured the city of Reinoso, while a deputation from
the authorities of Camargo had likewise waited upon
the commander for the purpose of tendering him the
possession of that town. Another fact likely to alter
very materially the position of the relative armies, is
the concentration of the Mexican forces near Mon-
terey ; and, supposing the prosecution of the warfare,
the collision between the rival powers will in all like-
lihood occur in the mountain forces of that neigh-
bourhood. It is, however, earnestly to be hoped that
the report now in course of preparation under the
superintendence of Mr. M'DurrtE, and which w

speedily be placed before the Senate, recommending a
termination of hostilities with Mexico, may so far
contribute to the prevention of further bloodshed as
to produce a temporary suspension of arms until

matters can be definitely adjusted. Meanwhile a
most extraordinary and unprecedented revolution is
proceeding in various quarters of the Mexican terri-

tories, and one which threatens to subvert the whole
political system of that country. Instead of rising
with one national outburst of indignation to spurn
their invaders fron the frontiers of their common
land, the Mexicans are in different provinces display-
ing a most unexpected enthusiasm for the govern-
ment of the Presidency. Whether this arises from
pusillanimity, or from a desire to remodel their own
constitution upon that of an independent empire, it is
scarcely possible at this moment to determine. It is
beyond all question, however, that the Mexican fede-
ration totters upon the very brink of destruction.
The sustaining power of national inactivity has been
removed, and at the first invasion of her dominions
the Federation of Mexico tumbles down piecemeal.
Yucatan has proclaimed itself to be an independent

republic, and has in consequence been respected
by the United States as a neutral power.

In defiance, however, of this and several other
indications of instability among the people whom
he proposes to defend, PAREDUS was expected
to advance, with 16,000 men, upon Matamoras,
for the purpose of repulsing the encroachments
of General TAT LOB. Such is the state of in-
volvement and confusion into which Mexico is
plunged, and unless some surprising catastrophe
change the entire aspect of its affairs, that involve-

ment can only become more complicated, and that con

fusion more irreparable. Something may vet be
accomplished in favour of the Mexicans, if unani-
mity and wisdom can be summoned to the aid of
their counsels. From a vacillating and imbecile Le-

gislature no courageous defence can be anticipated.
Possibly, the return of SANTA ANN♦ to authority

might Stabilitate the hope and assure the valour of
that neglected population. We trust, nevertheless,
that this outrageous quarrel may be permanently
settled without the intervention of more warlike im-
plements, or warlike leaders.

The Journal of Constantinople announces that a
dreadful fire broke out at Scutari on the 25th ult.,
which destroyed thirty houses.
A letter from Alexandria, of June 19, says:—
" On the eve of the departure of Mehemet Ali of Con-
stantinople all affairs are suspended. The arrival of Hamid
Bey, the Sultan's Envoy, is every moment expected. Me-
hemet Ali is purchasing quantities of diamonds and. other
jewels, destined, it is said, as presents for the harems of
Constantinople. Yesterday he bought an emerald necklace
for 70,0001. A sum of 20,000 falares (100,000 f.) to be
offered to the Envoy who brings the invitation. It 15 SUP-
posed that this journey will cost Mehemet Ali from ten to
twelve millions of francs. It is certain that he is to be
received at Constantinople with all the honours due to his
rank, and to the name which he leaves to posterity. Abas
Pacha, who is; to be charged with the direction of affairs
during the 1 iceroy's absence, is expected to-morrow from
Cairo. It is thought that his Highness will be absent about
forty days."

The following appears in the Universal Pnissian
Gazette, under the date of Warsaw, July 4 :
"An ordouaence of the Director of the Police I revoked