The Sun.
London, England, 1846-12-22 00:00:00

by the Cabinet of the Tuileries, but this I
denial is ostensibly a very paltry prevarica-
tion. It is already notorious that the pro-
test forwarded from Paris to the Northern
Courts, in allusion to the recent incorporation of the
Cracovian Republic with the Austrian empire, has
been remarkable for its courtesy, or, more strictly
speaking, for its subserviency. It is well known that
that protest has been nothing more than a most
amiable remonstrance. Aware of their late
shortcomings in regard to what is called
the inviolability of treaties, the Ministers of
his Majesty King Lours PHILIPPE have evinced
their embarrassment in commenting upon the
later crime of the three Governments, already odious
by their partition of Poland. They have felt that in
insisting upon the culpability of Austria, Russia,
and Prussia, they have been thereby acknowledging
their own criminality. In speaking of Galicia, they
have unwillingly implied the Peninsula. In
alluding to Cracow, they have virtually referred to
Madrid. Their violation of the solemn engagements
of PHILIP of Orleans, has been the counter-part of
the violation of the compact of the Allied Sovereigns.
In the remarks uttered by the Guizot Administration
upon the Treaty of Vienna, the Treaty of Utrecht
has been, what grammarians would define, the
ablative absolute. According to the France,
however, the note transmitted by M. GulzoT contains
this preposterous observation :—After maintaining
that " no power can enfranchise itself from treaties
without enfranchising the other powers by the same
act," it goes on seriously to assert—" France has not
given any similar example of an attempt against the
policy of conservation and peace ;" and again, " It
is she (France), who, above all, is occupied in the
maintenance of the rights required by others, and in
respecting their independence !" We can scarcely
credit the report that such sentences are literally
contained in this official document. We can scarcely
credit that any Prime Minister could have
the moral impudence to propound such ridiculous
arguments. What ! France has maintained the
policy of conservation and peace ! Has she so,
indeed ? With one of her Royal Highnesses tra-
velling through Spain, attended by a pacific retinue
of chasseurs and artillery! With insurrections
fomenting in the northern and eastern provinces of
Portugal ! What ! France has continued to respect
the independence of others ! Is it possible that
any Minister of Lours PHILIPPE could utter this as-
sertion while BRESSON and DIETz are among the
living, without a blush ?
But the " note " is on the whole a masterpiece of
politeness. It insinuates its displeasure with the
most apologetic tenderness. Its words of remon-
strance are sugared with leniency. From the tone
of the note it is certain that France would infinitely
prefer assailing its enemies with a shower of bonbons,
as the ladies do in the Roman carnivals, to attacking
them with the " leaden rain of bullets." Meanwhile
the Austrians are treating France after the most
supercilious fashion—they are speaking of France
with the utmost contempt ; they are treating her
military and naval power with the greatest contumely.
To this unenviable position the French Government
have driven themselves by their own faithlessness.
They have dug their own pitfall, they have forged
the instrument of their own castigation.

opinion as to the increased value which will result
from the drainage, and report on the whole to the
Commissioners

This is an extended and important sphere of duties,
and will require the assistance of able and intelligent
men ; but every one acquainted with the state of Ire-
land and the habits of Irishmen will at once concede
the necessity of a strict surveillance being kept over
the expenditure of the money and the due and proper
execution of the work. The increased value of the
lands, in consequence of the drainage and other
works, in proportion to the cost thereof, will afford
valuable data to the board to enable them to form
sound conclusions as to the profitable nature of other
works of a similar character.

Thelrelief-inspecting officer of the Board of Works is
to fix the number of, and nominate the labourers to be
employed on each work, from the list of the destitute re-
siding within each electoral division or barony, as is
now usual for the road works. The landed proprie-
tors, farmers, and stewards, connected with the works,
are invited to scrutinise the list of the destitute, and
to insure that none who have other means of support
be employed. As the land is to be assessed for the
works, it is the interest, as well as the duty, of the
rate-payers, to prevent the admission of labourers
who are not really fitting objects of bounty. Many
other projects, by private persons, have been put for-
ward, some of considerable value, and others quite
impracticable. It will be our duty to examine such
of them as appear calculated to produce beneficial
results. Some excellent suggestions have been offered
in an anonymous pamphlet, entitled " Observations
on the Evils resulting to Ireland from the insecurity
of Title, and the existence of Real Property, with some
Suggestions as to a Remedy," many of which are de-
serving of attentive consideration. The evils are
boldly and well exposed, and the proposed remedies
are, at least, steps in the right direction, on which
useful legislation may be founded.

The country is deeply interested in the pure
administration of justice. There is no one thing the
English regard with greater pride or jealousy—pride,
from the belief that the meanest of her MAJESTY'S
subjects is not left without redress for any injury he
may receive—jealousy, lest the laws, by which their
sacred rights are guaranteed should not be strictly
adhered to, or lest those intrusted with their due
enforcement, and impartial administration, should, by
levity of conduct, loss of temper, or from an over-
weening sense of their judicial excellences, weaken
the confidence with which the people of this country
have ever regarded our system of judicature. It was
owing to this innate love of justice, by which the
English are especially characterised, that there was
spread such heartfelt satisfaction throughout the
empire when GEORGE THE THIRD rendered the
judges of the land independent for life. By
rendering these grave functionaries, when once
appointed, only removable from their high and
dignified offices by joint addresses, condemnatory
of their conduct, from the Lords and Commons, a
step was taken by That Monarch which gained for
him golden opinions from all ranks. The nation re-
joiced to think that the legal personages of the realm
had herein had secured to them a position which
placed them in the discharge of their important duties
above the breath of suspicion, and in which they
_____ could fairly be presumed to be free from any bias of
The position which the Royal Agricultural Society authority, how influential or supreme soever such
of Ireland might have filled with so much credit to authority might be. No English Sovereign ever
themselves and advantage to their country, upon the commenced his reign with an act more dignified,
partial suspension of the 14th general rule, but which more gracious, or more wise, or with one that was
it was forced to abandon in consequence of the resig- m sre enthusiastically welcomed by his liberty-loving
nation of many of its most influential members, will subjects, than did the grandfather of Queen VICTORIA,
at length be occupied. The urgency of Irish affairs, in freeing the judges from any sense of servile de-
the difficulties, and exigencies of the country ; the peudence on the Crown.
certainty that measures of the most enlarged and Good laws are of the first consideration ; the
comprehensive character, deeply affecting all those in next is, that they be righteously administered.
any way interested in land, will speedily be submitted Both of these are blessings of inestimable
to Parliament for its sanction and approbation, and value ; but they must stand or fall together.
the vast importance of communicating to the Govern- It is almost just as futile to expect beneficial re-
ment, through some efficient body, full information as sults to flow from righteous laws, perversely exe-
to the state of the country, and offering such sugges• cuted, as to anticipate ought but the worst possible
tions as the measures about to be brought forward, results from the faithful administration of a vicious
may render advisable, has quieted the fears and and tyrannical code of law. Looking to the nature
mutual distrust, and appeased the petty disputes and and expense of the education which candidates for
differences that have so long unhappily prevailed, and the English bar, for the most part, receive ; to the
which have hitherto prevented that cordial co-opera- toilsome career which they must run for years, exhi-
tion amongst Irishmen of all creeds and parties, that biting talents of the highest order, before they can
is so essential to the welfare of their fatherland. It obtain pre-eminence as advocates; to the moral cha-
now appears to be the wish of men of all shades of meter and independent spirit which gentlemen of the
politics that a meeting of landlords should be hel,l long robe maintain as a body, and to the responsi-
previous to the meeting of Parliament, in order t( bility of Ministers whenever they recommend an in-
devise measures which shall, if possible, receive the dividual to be raised to the bench—all these are points
unanimous support of the Irish Members ; and at s which, coupled with the knowledge that the judges
most influential assemblage of landed proprietors, at- are appointed for life, cause the people to repose im-
tended by representatives of every class of political elicit confidence in their integrity and ability. It is
feeling, it was resolved that a committee should be rarely that their confidence is abused. Whenever a
formed for the purpose of collecting suggestions to be judge should, in an unguarded moment, disappoint
laid before the Irish Members of both Houses of public expectation, and display an unfitness for his
Parliament, as to the measures that ought to be office, public opinion has generally been found to be
brought forward during the ensuing session. Thit a sufficient corrective, and the intervention of Parlia-
is as it should be, and if the happy commencement client is now-a-days never required.
should be followed up, as we hope and believe it will We have been induced to offer these preliminary
be, by a total abstinence from all such abstract poli- observations in consequence of a remarkable scene
tical questions as must necessarily lead to the expres- which took place last week, in the Court of Exche-
sion of opposite views and feelings—if their discus- quer, between the Lord Chief Baron and Mr.
sions are restricted to the points by which the des- COCKBURN, Queen's Counsel. We blush for the
titute and famishing peasant may be fed, the distress Chief Baron ; we admire Mr. COCKBURN. In the
removed, the vast quantity of labour now remaining case of GOLDICUTT v. BEAGIN, which was an action for
idle and unproductive, turned to the most useful and breach of promise of marriage, a verdict had been
beneficial purposes, and the agricultural capabilities obtained last Hilary Term for 3001. The action was
of the island fully developed--it is impossible to over- tried at Guildhall before the Chief Baron. A rule
rate the national advantages that may be derived from nisi for a new trial was granted on the ground of sur-
the proceedings of such a committee. prise, and was subsequently made absolute. On
'1 here is now little time to be lost. Within a few Thursday afternoon, at half-past four o'clock, Mr.
weeks Parliament will be convened, and the first COCKBURN, engaged for the defendant, inquired of
measures that will be laid before the Legislature will his Lordship, whether he would take the case up at
undoubtedly relate to Ireland. The circular of the that advanced hour, and intimated that he should have
Board of Works points out in some degree the nature to examine witnesses at considerable length. The
of the Ministerial propositions ; it demonstrates that Chief Baron decided that he would not, expressed his
public works are to cease, and others of a reproductive surprise at the parties intending to try the question
character to be substituted for them; it indicates that over again, and stated his recollection to be clear that,
works connected with thorough draining and sub- when the rule was granted, there was a distinct un-
soiling with the spade are chiefly to be resorted to, derstanding that no second trial should be had, the
and that they are to be executed by task-work, each object being to afford time to the parties to come to
individual labourer having a portion allotted to him an amicable arrangement. Mr. COCKBURN informed
sufficient for a fortnight or three weeks ; he is to he the judge, that between granting the rule nisi, and
allowed to avail himself of the assistance of his chil- making it absolute on the usual terms (the defendant
dren, aad if by their aid he is enabled to complete paying all the expenses of the
,first trial), his client
his task in a shorter period than that appointed, he had offered to marry the plaintiff, which had, how-
will have earned a sufficiency to. support his family, ever, been refused. The Lord Chief Baron rejoined
and will be enabled to devote the surplus time to in;these words : " Taking all:the circumstances into ac-
farm labour, or to any other occupation that may prove count, it seems little short of insanity for the defendant
most beneficial. This is a most admirable regulation ; to proceed with this second trial now, and exa-
it holds out an inducement to exertion and industry mine witnesses after the verdict already given." Mr.
that must be turned to account. The Irish labourer COCKBURN, feeling naturally that such observations
may be lazy, and inclined to skulk, as his detractors falling from the Bench, would very much prejudice
allege, but give him a motive for industry, and the 'his client, hereupon observed, " with the most pro-
opportunity of exertingit, and neither Englishmen nor found respect, that he felt it his duty there publicly
Scotchmen will surpass him in close and patient toil, to protest against the practice of any judge prejudg-
frugality, and providence ! So says Mr. nem°, the ing a case, especially in the presence and hearing of
eminent engineer, whose extensive acquaintance with the jury whose duty it was to try it." The Lord
the labourers of the three countries enables him to Chief Baron replied, that he felt sure the jury
form an accurate judgment on the subject, and who would not be prejudiced by his observations—that he
appears to give a preference to the Irish labourer. Is it had merely remarked upon the prudence of the
not confirmed by our own experience ? Who that has seen course about to be taken by the defendant. The next
the amount of harvest work performed by them morning Mr. COCKBURN pressed to have the trial
during their annual visits to this country, but will postponed, in consequence of the Chief Baron having
admit that, if adequately remunerated, no men can used the term "insanity" in the way already mentioned.
toil harder or more efficiently ? The Land Commis-
The judge refused the application. The foreman of the
sinners say, "If you show to him in what manner the jury warmly reprehended Mr. COCKBURN for suppos-
application of that labour may be rendered most con- ing they would be influenced by what had fallen from
ducive to his own comfort and permanent benefit, and the Chief Baron, and designated such a supposition as
assist him with money or materials, which his labour t 4 discreditable." Mr. COCKBURN at once disposed of
cannot supply, you will generally find the Irish pea- this shameful scene by stating, that he " best con-
sant ready to co-operate with you in effecting im- suited the interests of hie client, the proper admnis-
provernents beneficial alike to himself and to the tration of justice, and his own feelings and judgment,
country." And again, " When we consider this state by withdrawing from the conduct of the case."
of things, and the large proportion of the population Having bowed to the Bench, he immediately quitted
that come under the head of agricultural labourers, the Court. The trial then went on in the absence of
we have to repeat that the patient endurance which
counsel for the defendant; the Chief Baron summed
they exhibit is deserving of high commendation, up emphatically in favour of the defendant. The
and entitles them to the best attention of the Govern- notwithstanding, gave 400/. damages, being
jury,ment and of Parliament." The foregoing authorities 1001. more than was given upon the first trial !
speak in the strongest manner of what the labourers Such is the outline of this remarkable exhibition
will do under proper regulations, and the proposed in a British court of justice. It is almost
plan appears well calculated to stimulate them to
the utmost degree of industry. needless to comment upon it—the facts speak for
themselves. The dignity of the bar was well upheld
District inspectors of drainage are to be appointed, by Mr. COCKBURN. The rebuke he administered to
whose duty it will be in the first instance to eesemine the judge was richly merited. Technically speak-
the site of every work presented for, to determine she
ing, when a new trial was granted, the litigant
extent of land to be drained, and mark its boundaries ,'
'ties stood in court, just in the same position as
on the Ordnance plans ; to lay out the works con- though the merits of the case had never been pre-
nected with the main or open drains; to determine • to; and the judge was bound to bring
viously gone 14,; .
the depth and all the details belonging to the covered his mind cial consideration of them with
to the jua.
impartiality
drains ;to estimate the cost of the drainage per acre ; . .
the like
to value the land in its present state, and give his
thing of the incidents of tho dab-_e' as
i';'. he had never known any..
-_,