The Sun.
London, England, 1846-08-24 00:00:00

('..:iarieninA '.l•l'lt

LONDON, MONDAY, AUGUST 24, 1846.

Sincerely do we anticipate, and cordially do we
hope, that the Noble Lord the Member for Lynn,
will henceforth be deterred from that recklessness of
accusation for which, during the present session, he
has acquired such an unenviable notoriety. Let him
in future, for the sake of his Parliamentary character,
bottle his acerbity ! Never, possibly, has a repre-
sentative evinced such boldness in the arraignment of
contemporary statesmen, and never has a representa-
tive been reduced to such unfortunate straits by the
fluency and audacity of his tongue. FOUQUIER
TIN VILLE had not a better right to the title of "Public
Accuser." The redoubtable Member for Knares-
borough has scarcely ever made himself more
eminently ridiculous. And if, as the ex-Chancellor
insinuated, Lord GEORGE BENTINCK'S tongue does
" out-venom all the worms of Nile," he
will find that eating hls own words is a
very; poisonous kind of deglutition. A more crush-
ing explanation never supervened upon any one of
the Noble Lord's gratuitous personalities than that
given on Saturday afternoon by Lord LYNDHURST.
Sir ROBERT PEEL'S masterly refutation of the
charges in reference to the moral assassination of
Mr. CANNING was scarcely comparable to that
eclaircisement. The philippic delivered on Thursday
evening, by Lord LY_NDHURST, was not so f pa' mu y
conclusive as the simple statement of facts uttered by
that Noble Lord on Saturday.

Our readers cannot have forgotten our exposition
of the nature of Lord G. BENTINCK'S intimation with
regard.to the:ex -Chancellor. Any recapitulation would,
therefore, be:altogether superfluous. Scarcely had
our comments upon that matter gong through the
press, when Lord LYNDHURST had risen in his place
in the Upper House, had given a dignified explana-
tion of the circumstances alluded to, and had scorn-
fully and emphatically repelled the deductions drawn
from those circumstances by the Noble Lord the
representative of Lynn. Our opinion that the fact
of a message being sent by the ex-Chancellor to
Lord G. BENTINCK, on the 10th of July last, might
still be consistent with the ministerial rectitude and
political integrity of the former, has been fully cor-
roborated by his very candid avowal.
From that avowal the following circumstances ap-
pear :—Lord LYNDHURST regretted the dispersion of
the Conservative party; and,:regretting it, he con-
sidered within himself whether it might not be pos-
sible " that former differences should be forgotten
now that the great me which had caused those
differences had been passed." One amongst other

consequences of this reflection was, that an applica-
tion was made to Lord GEORGE BENTINCY. So far
the account given by the noble representative of
Lynn is straightforward enough, but only so far.
First of all, the application was not (as had been in-
sinuated) of a secret character; secondly,:that applica-
tion had no reference whatever (as had been in-
sinuated) to the sugar question ; and thirdly, that ap-
plication was not made (as had been insinuated) for
the purpose of reinstating Lord LYNDHURST in office,
as keeper of her Majesty's conscience. All these
malign accusations have been thoroughly disproved
by the Noble and Learned Lord last mentioned•
Far from endeavouring to re-organise the Conservative
party sub rosa, Lord Lyikinnuasr had called per-
sonally upon Sir R. PEEL and Sir J. GRAHAM ; he had
then applied to Lord G. BENTZNCK as the ostensible
leader of a large division of the dispersed
Conservatives ; he had subsequently made similar
applications elsewhere to bring about a political re •
conciliation. " More than this," continues the Noble
and Learned Lord, " I mentioned it to several Noble
Lords who are members of this House, and amongst
others I stated it to a Noble Lord opposite, whom I
have now in my eye.—(' Hear, hear,' from the Earl
of CLARENDON.)" Far from making the application to
the Noble Member for Lynn with the intention of
interfering in the Bill for the equalization
of the differential sugar duties, Lord LYNDHURST
expressly declares that that application " was a mere
message. No allusion whatever was made to the Sugar
Bill, nor did it ever enter into my contemplation.
It was a mere simple message, requesting to know
whether he would meet me, either at his own house
or at my residence." Nor is Lord LYNDHURST satis-
fied with this very explicit denial ; he subsequently
refutes the charge still more plainly, when he observes,
" It is said that I wanted to raise a factious opposition
to the Sugar Bill. That I utterly deny. I took no
part in the discussion upon that measure; I did not
even vote upon the question." Far from that appli-
cation being made with a view to re-elevate Lord
LINDHURST.tO the Woolsack, the Noble and Learned
Lord declares that he was mainly impelled to make
that application, " it being well known he was no longer a
candidate for an official appointment," and that he there-
fore considered himself able "to undertake that task
without incurring the suspicion that he had any per-
sonal object in view." Besides this, Lord LYNDHURST
again rebuts the accusat on that he was influenced by
sordid motives, where he afterwards observes—

"Everybody well knows that I am not a candidate for
office. Everybody holding office has been acquainted with
the fact, that in consequence of a late severe attack of illness,
office has been to me a painful and irksome task, and that I
am desirous of retiring from public life, and passing the short
remainder of my days in the society of my friends and family ;
and nothing could have dragged me forth, even on this oc-
casion, but the virulent and personal attack which has been
made upon me."
Surely after this very cogent explication Lord
GEORGE BENTINCK will be awed into silence, or, at
least, into the suppression of his personalities. We
cannot dismiss this affair without remarking that
such scenes are altogether derogatory to the
dignity of Parliament ; though in the present instance
the squabble between our Legislators gives us one very
satisfactory assurance, namely, that so much ran-
corous hostility and bitterness of feeling survives
among the protectionists as to render the re-organisa-
tion of the Conservative party all but an impossi-
bility—for which assurance we are grateful.

The Small Debts Bill has passed through the
Committee of the House of Commons, its principles
having been affirmed in every respect by large ma-
jorities wherever controverted. There has long been
felt the want of some such measure, and the attention
of the Legislature has been directed to the subject,
with a view to supply a remedy. It is admittedly
one of the most useful essentials of good government
to afford a due degree of security to property, and
the enforcement of civil rights in a cheap and ex-
peditious manner. Accordingly, we find that a measure
very similar in its nature was brought before Parliament
by the present Government during their former
tenure of office, in the session of 1841, and that it:was
in each succeeding session presented to Parliament by
the late Administration. The reform, however,
though exceedingly useful, was not showy ; and,
therefore, a series of accidents in each successive year
prevented it from becoming the law of the
land. This untoward result was generally
occasioned by the unaccountable delays that are per-
mitted to take up and uselessly to consume the ear-
lier part of each session, and the spirit of procrasti-
nation which appears to hold undisputed dominion
over both branches of the Legislature until the latter
end of June or beginning of July in every year.,
Happily, however, the late period of the session at
which the present Ministers succeeded to power has
not exercised its blighting influence over the present
Bill ; but, with a degree of activity that reflects great
credit on all the parties concerned, they gave the
measure that bad been brought in by the former
Ministry the closest attention and consideration, made
several important alterations and amendments therein,
and have nearly perfected a measure which, though
we think it susceptible of improvement in many of
its details, will, undoubtedly, confer much benefit on
the country.

On the discussion before the House went into
Committee on the Bill, Lord GEORGE BENTINCK—
who appears to be strongly affected by the
cacoethes loquendi, and quite determined to make ample
amends in this, the eighteenth year of his Parlia-
mentary career, for his total and unbroken silence
during the first seventeen sessions—opened the ball,
and expressed his opinion that a measure creating so
great an amount of patronage, and effecting
so great a revolution, should not have been brought
forward at so late a period. His Lordship
appears to have forgotten the extraordinary de-
gree of attention devoted to the subject during
the last five years, the almost unanimous feeling of the
House and the country in its favour, and the fact
that many local Bills had been stopped during the
present session on the distinct assurance that a
general Bill, if possible, would be passed during the
present sittings. He is, however, quite alive to the
fact that a number of snug places will be placed at
the disposal of the Liberal Government, and
he cannot help thinking how desirable so large an
amount of patronage (which he conceives sufficient
to purchase half the boroughs in the country) would
be, in the event of the advent of the protectionist
party to 'power—a vision which, however wild and
chimerical it may appear to all sober-minded men,
his Lordship appears to look upon as not only possible
but very likely to be realised. 117,0001. per annum
would indeed create some stir amongst the wigged
supporters of his Lordship, who consider it a down-
right sin that so many snug berths, so pleasing an
opportunity for the enjoyment of the otium cum
dignitate, should be divided amongst their more libe-
ral-minded professional brethren. His Lordship, like
the occupant of the manger so celebrated in nursery
fable, not being able to secure this desirable patronage
for himself or his party, was desirous that it should
not be placed in the hands of his political opponents,
and that it should be con ferred upon the Custodes Rotu-
lorum of the several counties. Now we cannot
imagine anything more mischievous : we should
then have young men going to the bar,
not because they were possessed of the
talent or industry calculated to attain success in that
arduous profession, but because they had influential
relatives who would have the disposal of such desirable
situations. Far better is it for the country that the
patronage should be placed in the hands of a high
public officer, like the Lord Chancellor, acting under
his responsibility as a Minister of the Crown. Stich
a person, in the first instance, is much better qualified
to form a correct estimate of the qualifications of the
respective candidates; and, secondly, from the large
amount of patronage in his hands, he is much less
likely to be influenced by nepotism in the selec-
tion, than a person who had the bestowal of only a
few such offices, and who would have friends and
relatives to provide fur, which he would gladly do at
the expense of the country. It is more desirable,
therefore, that the Government should have the dis-
posal of the offices in the first instance; besides, we
have the assurance of the Attorney-General that the
judges of the different local courts who would be
superseded by the new Act, would, so far as they
were found qualified, be considered as having a para-
mount claim to the new appointments.
Without intending any slight to the respectable
gentlemen constituting the important body of attor-
neys and solicitors, we think that persons appointed
to fill the judicial station should be selected from the
bar—their education, the nature of their practice

better fits them for the due performance of the judicial
functions. As the Attorney-General well said, the
attention of the former is directed to details, to the
getting up of cases, while the latter applies to those
cases the general principles of law, and forms his
opinion on the whole case presented to him. It i 3
also but an adherence to the distinction which has
existed between the two branches of the profession
for a very long period.
Having thus stated our approval of the general
principles of the measure, we must state the objection
we entertain to some of its details; and, first,
we think that the system of permitting the
judges of the several courts to be in any degree
interested in the fees obtainable for proceedings
therein' is vicious in principle and mischievous in
practice. The more thoroughly independent the
judge is, the less likely to be influenced by any con-
siderations save those of the proper and efficient dis-
charge of his duty for the public benefit, the better.
It is impossible to suppose that the amount of those
fees may not be extended, the pecuniary emolument
of the judge considerably increased by the nature of
his decisions. We do not desire to impute any cor-
rupt motive or feeling to the learned gentlemen
who may be selected for these situations; but there
should be no temptation to them to act erroneously.
Persons discharging such duties should, in all cases, be
remunerated by a fixed and certain salary, adequate to
the services they are required to render, and no
part thereof should be subjected to chance
or contingency. Again, we think that the
person selected should at once abandon all
private practice, and should reside in the district over
which he is to preside ; that his courts should be so
frequently held, his sittings with so little intermission,
that no undue delay should be interposed batween the
suitor and the recovery of his demand, and which it
would be inpossible to do if the greater portion of his
time is to be devoted to the practice of his profession,
which will necessarily require a constant attendance
at Westminster. .Able and learned men may be found
who will gladly devote their entire time for the salary
mentioned; their duties may be incessant; the dis-
trict entrusted to them maybe enlarged, so that fewer
may be required, but the man who is one day sitting
as a judge, should not on the next be acting as an
advocate. A case exactly similar in circumstances,
but with different names, may be laid before the
barrister, so that he may be committed by an extra-
judicial written opinion on the very facts he is after-
wards required to adjudicate upon in his higher capa-
city. The attorneys practising in the court may
seek to curry favour, and obtain the friendship of the
presiding officer; by sending him their other busi-
ness. It is too absurd to suppose that the mind will
rust, that the judge will become incompetent and
inefficient if he does not continue his other practice.
Every one will be influenced by the motive of com-
manding the public respect, and not subjecting him-
self to disgrace by carelessness or neglect, besides
there will be the court of appeal, which will keep
the attention of the persons fixed to their duties, as
no one would like that many of his decisions should
be set aside and overruled. We should be glad to
see the Bill amended in these particulars, but as it is
we gladly receive it as a great and valuable boon to
the country.

In another part of our impression we give an un-
paralleled array of volunteer names for a great
national object. From six to seven hundred of the
licensed victuallers of London alone offering them-
selves to receive penny subscriptions for a atatue to
Sir ROBERT PEEL, according to a plan suggested by
a correspondent of the Morning Advertiser, under
the signature of "ALFRED." As we were among the
first to hail the plan and purpose, we will:not be the
last to rejoice at the triumphant response with which
" ALFRED'S" letters have been met. We expect to
be able to state that the publicans in the country,
especially in the manufacturing districts, will not be
less desirous of carrying out the wishes of their
customers than their brethren in town. We will
gladly aid them in doing so. The cause is well un-
derstood by all. Not only is this national subscrip-
tion a proof of gratitude for the past, but an evidence
of determination for the future. Every great
Minister who will sacrifice place and power to help
the nation will be honoured by the nation, whatever
his politics may be. Already we hear that more
persons have subscribed in the metropolis alone than
all the voters for the whole twenty Members of the
metropolitan county, cities, and boroughs. This is
as it ought to be. Why should not the poor express
their opinion by their pennies as well as the com-
paratively rich ? London has acted nobly, and the
licensed victuallers have set an example which their
brethren in the country, who well know that free
trade could not have been carried for years to come
without the self-sacrifice of Sir ROBERT PEEL, would
do well to follow.

"With that rapidity of legislation which has ever
distinguished the month of August, the Railway
Commissioners' Bill received its second reading in
the House of Commons on Thursday, and passed
through Committee on Friday. By this measure a
newfiv e
mdepartmentt
hirse
et o
of bew hcoomn s
at irteu tteod
be, consisting
remunerated
of
for their services, and to be members of the Govern-
ment, and two to be unpaid members. To this
board so constituted all questions relating to
railways, the entire control and superintendence
of that gigantic interest, is to be submitted. The
president is to be a member of Parliament, and to
receive a salary of 2,0001. per annum for his services,
and the other two paid Commissioners are to receive
each 1,500/., and one to be in either House of Parlia-
ment, in order that there may be at all times a re-
sponsible person ready to answer any questions that
may be asked respecting the conduct or proceedings
of the board. If the enormous amount of
capital already invested, or about to, be in-
vested, in railways is taken into consideration,
their vast importance in the commercial and
mercantile interests of the country, and the vast
changes thereby effected in the social relations of the
people—practically annihilating space, and bringing
together persons who, under the old system, would
have for ever remained separated—it is only astonish-
ing that a distinct department of the Government has
not long since been appointed, with ample powers
for the control of existing lines, and also to check
and interpose an obstacle in the way of the crude
and ill- considered schemes, so many of which were
put forward in the latter end of last year without
any intention of being proceeded with, the object
merely being that the scrip should sell. The new li
Government deserves the highest credit for the
prompt manner in which they have grappled with the
difficulty, and, notwithstanding the great pressure of
business, the extent and importance of the matters
requiring their most serious attention and considera-
tion, have brought forward a measure giving effect
to the wishes of the public at large, and
in accordance with the general opinion of the
Committees of the House, and of persons who had
attended to the subject in either House of Parlia-
ment. The Premier had most certainly quite enough
to do with other matters, and, as be himself stated,
he entertained much doubt as to the possibility of
passing such a measure at so late a period of the
session ; but, assured by the all but unanimous feel-
ing existed in its favour, he most properly
persevered, and accomplished his object. It can
hardly be conceived that it would have been possible
to introduce a perfect measure, to have framed a law
giving all the necessary powers to the proposed Com-
mission in the short time afforded for the preparation
of the measure ; it must not therefore be criticised with
too curious an eye. It NI ill, however, be very easy
to extend the powers in the ensuing session, and by
the immediate appointment of the members to secure
the services of able and competent men, who will
be enabled to devote their entire attention to the
subject during the recess, and who will be prepared
kith fully-considered and well-matured propositions
to lay before the Legislature. The very existence
of such a body will also administer a wholesome
stimulant to the directors of the different companies.
They will know that there is an authority with full
power to investigate any mismanagement, and, even
if their present powers are not sufficient to supply a
remedy, that there will, at least, be an exposure, and
adequate measures adopted for its correction within
a few short months. They will know that there is
another interest to be regarded as well as that of the
proprietors and shareholders, and that the public
convenience must be consulted and fully provide,,