The Sun.
London, England, 1856-02-15 00:00:00

LONDON, FRIDAY, FEBRUARY 15, 1856.

Two important questions of legal reform were
last night ventilated in the House of Commons—
the first relating to the state of the law, the
other to the condition of certain eminent and
venerable persons by whom it is administered.
The tone and character of each discussion was in
the highest degree creditable to the representative
branch of the Legislature, and afford auspicious
auguries of prompt amelioration on these all-im-
portant subjects.
In the first instance the Honourable and Learned
Gentleman the Member for East Suffolk obtained
leave to bring in a bill to consolidate the statute
law relating to bills of exchange and promissory
notes. It formed, however, but a small portion
of the large and comprehensive alterations brought
under the consideration of the House, which aim
at the consolidation of the entire statute law of
England, the effect whereof will be to reduce the
lex scripta to one-eighth of its present bulk, and to
sabstituteaome 200 or 300 acts for nearly 20,000,
or from 1 to 11- per cent. of the present number.
All persons will agree on the inestimable benefits
that must necessarily attend such a change. The
only question will be whether, in stopping short
at the mere consolidation of the statute law, we can
effect all that is desirable in the first instance,
and whether that consolidation will either prevent
or retard that which is the great end and object of
every Legal Reformer—the speedy codification of
the entire law, written and unwritten. Should
either of these questions. be answered in the affir-
mative, it would constitute a powerful argument
against the plan of Sir FITZROY KELLY. But we
believe—and we have bestowed long and anxious
consideration on the all-important topic—that the
suggestions of the Hon. and Learned Gentleman
are calculated materially to advance the great de-
sideratum, and that they are therefore worthy of
It e most strenuous support from every consistent
Legal Reformer.

At present it is not merely necessary to
the right interpretation of the law on any
particular subject, that a yast number of statutes
should be examined, but that conflicting enact-
ments should, so far as practicable, be reconciled.
Great difficulties are thus imposed on the Bench
and Bar, and much legal acumen is required to
determine whether a provision has been repealed
•
by, or is to be taken pan passic with, another.
Where the recognised interpreters of the law are
so frequently in doubt, what must be the
condition of those who have not made the
subject the study of their lives, but who
are by a species of legal fictiox supposed to
be thoroughly acquainted with all its details ?
Such an untoward state of affairs is alike dis-
graceful to the legislative body, and unjust to
the community. But how is it to be remedied
labor hoc opus est. We can only judge of the
arduous character of the task from the many
energetic, but unfortunately abortive, efforts-that
have been made.

Sir F. KELLY'S Bills are so many steps in the

right direction, and so far from retarding they
will materially facilitate the progress towards the
ulterior goal, a perfect legal code, in which, as in
that of NAPOLEON, every point may be strictly
and accurately defined, so as to remove many of
the impediments to justice that exist in this
country. This must never be lost sight of, as the
great aim and object of the Legislature. Any halt-
ing on the way would be an evil especially to be
deprecated. It is because the propositions of the
Honourable and Learned Gentleman are perfectly
unobjectionable in this respect that they receive
our cordial and earnest approval.
The ether matter, referred to by the motion of
the Honourable Baronet the Member for West-
minster, is of a peculiarly delicate character.
There is no person acquainted with any of the truly
venerable and respected Judges whose names were
mentioned in the course of the debate who would
not carefully shun anything that could occasion
even a momentary pain or annoyance to any one of
the number. The name of Baron PENNEFATHER
is regarded not only in Ireland but throughout
every part of the United Kingdom with profound
admiration. He has justly been described as
nulli secundus ; and perhaps there never was a
brighter ornament to the judicial bench, which he
has occupied with credit and honour to himself,
and immense benefit to the nation. We rejoice to
find that his intellect is as clear as ever. But unfor-
tunately age and physical infirmity have somewhat
decreased his power. He was called to the Bar
in Hilary Term, 1795, sixty-one years ago, and
was then 24 years of age ; so that he has passed by
15 years the allotted age of man. This, however,
might easily be got over ; but he is also, unfortu-
nately, blind--cannot make any notes of evidence,
or refer to them, for the guidance of the jury. This
is a fearful drawback to his great utility in other re-
spects. We regket that the question should have been
forced to a division, but we cannot complain of
those who voted in the majority. We can only
add that the- tenacity, with which the learned
Baron has clung to the Bench could not have been
affected by any sordid love of pelf. He
has long since earned the Otii4M curd dignitate
in the shape of the highest retiring pension
sanctioned by law, and, taking into consideration
the expenses incidental to the judicial position, he
does not receive as much at this moment for his
judicial services as a subordinate clerk in one
of the Government departments of the country.
We desire, at all events, to vindicate his character
from that most unfounded aspersion.

In the debate in the Lords, on the Speech from
the Throne, Lord CLARE DON emphatically de-
clared that he fully agreed with Lord DERBY
that the armistice should be "of the shortest
possible duration." The community participate
in these opinions. They perceive that any tem-
porary truce must be altogether in favour of
Russia, and to the disadvantage of the Allies—
that she can replenish her exhausted stares, ob-
taining ample supplies of what are termed " con-
traband of war "—recruiting her forces, strength-
ening, her fortresses, and bringing all her re-
sources to the points where they can be rendered
most available. She, _alone, can speak with any
approximation to certainty of the result of the
approaching Conference. To her it is but a fore-
gone conclusion. Well aware that implicit re-
liance may be placed in the straightforward in-
tegrity and unswerving good faith of the Western
Powers, she can yield at any moment she thinks

proper.; while she has the means equally within
her power of breaking off the negotiations, and
resuming hostilities, should circumstances render
such a course politic. If the preparations be for
a moment relaxed—if she succeed in obtaining a
few golden weeks, or even days, after the break-
ing up of the ice, before the blockade of the
Baltic ports be again proclaimed, the struggle
may be protracted for another year, during which
time the chapter of accidents may produce some-
thing favourable to the AUTOCRAT, which might
avert the painful necessity of abandoning the
traditional policy of the ROVANOFF dynasty.
If, then, we are unfortunately committed by an

ill-advised assent to the Austrian Propositions,
the armistice should be, as Lord CLARENDON
admits, "of the shortest possible duration," and
no persuasion should induce him to assent to the
unnecessary delay of even a single hour. The first
symptom of diplomatic chicanery, or attempt to
delay the arrangement, should be the signal for
the resumption of hostilities, and the nation might
again have reason to be grateful to PROVIDENCE
for the failure of its negotiations. We should
then be exonerated from any injudicious pledge,
and be enabled to exact terms far more
satisfactory to the Western Powers, and
more in accordance with the sacrifices which the
chivalrous andrhigh-minded peoples of France and
England so cheerfully made in the glorious cause
in which they deliberately and advisedly engaged.
What, we ask, is the true intent and meaning
of the term "armistice I" It is the same as if
peace had been restored for the stipulated period.
The seas will for the time be free to the blood-
stajned flag, which so long skulked beneath stone
walls, without daring to exhibit itself before an
armed enemy. Provisions and munitions of war
may be conveyed to every place where they may
be requited. Additional fortifications may be
erected, and troops sent to the places where rein-
forcements are most wanting. Every day, every
hour thus conceded will be of vast importance to
the party whose territory is the scene of action.
Even its commerce will, for the time, be resusci-
tated, and carried on without the selfish, and ex
travagantly paid for, aid of Prussia.
On the other hand, what equivalent advantages
can we obtain ? No hostile foot is planted on
French or English territory. Their commerce is
uninterrupted—their peaceful vessels pass from
port to port without doubt or fear. No money
will be saved, for "the preparations will be con-

. - -
tinued without cessation. The stores already
accumulated at the scene of action, three thou-
sand miles from our shores, will be consumed ;
while the replenishing thereof will cost us tenfold
the price at which Russia can provide similar
a,rticles! To us, then, every hour's delay must
be deeply prejudicial, to Russia of vital and
paramount consequence.

What plausible pretext can be assigned for the
dilatory proceedings already more than hinted
at? The armistice cannot be concluded until the
preliminaries of peace have been signed ! Why
should a few days not then be sufficient to arrange
the treaty. If Russia be really in earnest in her
pacific professions, she will be far more anxious
than her opponents to sign and seal. Any
attempt at procrastination may therefore be safely
regarded as clear,
distinct, and unequivocal
evidenee of insincerity and bad faith. •

We have ab initio earnestly argued against
any armistice whatsoever, which only tempts the
adversary to continue in the course of duplicity
which it has hitherto so steadily pursued, The
" natural armistice," which enforces a practical
'cessation of hostilities until the advent of spring,
is quite long enough, and Lord CLARENDON
should take care that it shall not be extended,
under any possible plea that may be put forward
by or on behalf ofjtuss ia.