The Sun.
London, England, 1851-11-18 00:00:00

LONDON, TUESDAY

sued in this instance by the Aogio-Indian Govern-
ment. 1

The prosecutions for perjury directed under the
recent Act of Parliament appear to hive excited a
strong sensation throughout the country. The in-
veterate sticklers fJr old abuses, the men who shudder
at the very name of reform, refer triumphantly to their
former predictions, which they declare to be fully
verified. They consequently think that a case has
been made out for a total repeal of the enactment
which admits the evidence cf parties, and thereby
holds out so strong a tempation to unscrupulous per-
sons to call the DEITY to witness the truth of gross
and infamous falsehoods. Others who are really desi-
rous of promoting the amendment of the law, are
yet staggered at the number of committals that may
take place, and the frightful consequences that must
ensue to litigants who, having been discredited by the
presiding judge, are sent to trial for the grave offence
of perjury. It has, therefore, been suggested that the
parties should be permitted to make their statements
orally, and be subjected to cross-examination, but
without the administration of an oath, and that a cer-

twin punishment should be inflicted should they be
guilty of making wilfully false or exnggerattd
statements.

We cannot agree with either of these opinions)
although we willingly acknowledge the purity of the
motives and excellence of the intentions of the ad-
vocates of the latter view. We freely admit that
their objects are the same as our own, to render the
administration of the law as effective as possible, to
elicit the truth, the whole truth, and nothing but the
truth, and to deter parties from attempting to deceive
the Court or jury, by the infliction of some
minor penalty in almost every instance
where the circumstances call for the judicial
censure. They sustain their views on the well• known
principle that it is "the certainty, and not the seve-
rity of punishment, that proves effectual for the re-
pression of crime," and they argue that a judge will
hesitate to cast so terrible an imputation as perjury
on any person. So long as tbere is a possibility of his
being confused and misled by anger, rather than actu-
ated by a premeditated determination to state a wilful
and deliberate falsehood, there exists a chance of
escape, and that the knowledge of such chance ope-
rates as a great inducement to the commission of the
offence. This is a perfectly legitimate line of rea-
soning, and although we dissent from the conclusion
arrived at, we cannot complain either of the tone or
manner of the arguments advanced in favour of the

theory.
We would, however, remind our opponents, of both
classes, that the admission of the sworn statements of
parties to suits is no very great novelty—
that, on the contrary, it is only an extension
of the principle that has long been in operation in
courts of equity,' and indeed in common law
tribunals, except in trials at nisi prius. Every
defendant to a bill in Chancery will have to put
in an answer on oath, in which he must full,
true, perfect, and distinct answers give to the
several matters and things therein stated and
charged, and respecting which his adversary may
deem it expedient to interrogate him. In every mo-
tion, too, the affidavits of the parties have from
time immemorial been used and referred
to, and that at Westminster as freely

as at Lincoln's Inn. It was the oral state

menta in the presence of juries, that were ob-
jected to. Indeed, it would almost appear as if that
presence were made the test for the exclusion of the
testimony of plaintiffs or defendants, for it will be
found that it was admissible in almost every case in
which the presiding judge was to decide on the facts
as well as on the law.
There could be no valid reason assigned for this
exclusion. It is by no means improbable that it was
derived from the practice in criminal affairs, where,
by the humane principle of the British law,
no man could be required to criminate himself;
his evidence was therefore altogether rejected, because
a one-sided version was clearly inadmissible. The
real prosecutor, however, invariably came forward,
although by a species of legal fiction he was not con-
sidered a party to the suit, all offences against
society and against the peace of the realm being
prosecuted in the name of the Sovereign for the time
being. Such was the state of affairs when the
County Courts Act (9 and 10 Victoria, c. 9.3), re-
ceived the legislative sanction. It was thereby pro.
vided (sec. 83) that parties, their wives, and all
other persons, might be examined on behalf of
plaintiff or defendant. And it was further de-
clared (sec. 84) that persons giving false evidence
il!ully and corruptly should be deemed guilty of
perjury.

Terse enactments were found to operate most be-
neficially. We believe that the County Court
Judges were all but unanimous in approving
thereof. The strongest inducement was, there-
fore, afforded for the extension of the expe
riment to all proceedings of every description,
and it is not the committal or conviction of some two or
three, or two or three dozen persons, that can be
received as decisive proof against its efficacy. it is
more than probable that in every one of these cases
above referred to, unconscientious claims were de-
feated through the salutary effects of the new sta-
tute. Should we complain, then, because the
scoundrels who put forward these unfounded demands,
and who were willing to sustain them by the
strongest pledge that could be given, should
be subjected to stringent punishment ? Far from
it—the penalty is scarcely adequate to the offence.
We do not think that the discretion afforded
to the presiding judge is in any danger of
being abused, either through rashness or caprice.
A. person who has misstated the facts without any
premeditation or intentional falsehood will incur
but little danger ; but when it is otherwise, when the
truth is deliberately perverted, the more frequent
the prosecutions, the more severe the punish-
ment the better. Many evils have arisen from
the too great latitude heretofore allowed and the
comparatively few prosecutions that were instituted.
These will, however, be removed by the salutary
power given to the judges under the 14 and 15 Vict.,
cap. 100, s. 19 ; and these learned persons, while
taking a merciful view of each case, and making
every possible allowance for any mistake, will also
see the propriety of discouraging the crime, by mak-
ing examples of every deliberate offender.
" We must not make a scare-crow of the law,
Setting it up to tear the birds of prey,
And let it keep one shape, till custom make it
Their perch, and not their terror."

THE SoLICITORSHIF OF THB TREASURY.—.Iti3 stated
that Mr. Reynolds, who has been for a considerable time
Assistant Solicitor of the Treasury, will be promoted to be
the Solicitor, and that Mr. Robert Hitchcock, the ➢caster
of the Irish Exchequer, who has prepared several of the
measures of law rtf rm propounded or carried by the present
and past Governments, will succeed Mr. Reynolds.—Morn-
ing Paper.

SUBMARINE TELEGRAPIL—By desire of Lieutenant-
Colonel Blanchard, Commanding Royal Engineer at Dover,
some further experiments were made on Friday last in firing
cannon across the Channel by the Gutta Percha Company's
newly discovered process. rite batteries used at Calais at
the opening on the previous day having been sent back to
England, Mr. Statham directed that the ends of the sub-
marine wires No. 3 and 4 should be joined or twisted
together at Calais, and by thus sending the electric cur-
rent from the battery power at Dover to Calais and back
to Dover (a distance of nearly 60 miles), the desired ob-
jects was accomplished. The 32-pounder, placed in the east
bastion of Dover Castle, which was fired in honour of the
Duke of Wellington on the previous day, was again
brought into operation, and in the presence of a large
party of military and other gentlemen and ladies of rank
was repeatedly loaded and instantaneously discharged.'
Several shots were fired by the ladies. The utmost astonish-
ment was expressed by all present, as not a moment ap-
peared to elapse between the wire being brought into con-
tact with the battery and the explosion taking place, not-
withstanding the communication between the battery and
the cannon was through nearly CO miles of copper wire in-
sulated with gutta percha, as before stated.
BLOOMERLAM IN THE STRAND.—Yesterday after-
noon the pavement from the New Church, Strand, to
Waterloo-bridge, was almost impassable from the mo ) that
followed two ladies dressed in Bloomer costume. They ap-
peared in no way annoyed at the remarks made by females
disapproving of their dress, whilst others were to be heard
expressing their approval of Bloomerism. The mob followed
to Waterloo-bridge, but the necessary halfpenny toll not
hlei tnt I
teh
eayn nzencccem,
pt
ei 1111
etdh
teoy
b\Viadtgeerlc'''o-i-trhoavd7wy
beingr in the possession of many, the ladies passed over the
atarrkieverdefuir;et hine
a cab fc r Kennington-lane, where they resided. One thing
is quite true, that many converts to Bloomerism have taken
place.

Lvinorr, Nov. 9.—A melancholy circumstance
occurred at the Palace on Thursday. A young man, of
literary pretensions, presented a petition to the King, and
immediately afterwards drew a pistol and shot himself.

TR E JUDGE OF TnE LIVERPOOL ConisiTY COURT.
—Mr. Ramshiy resumed his sittings in the County Court
yesterday (Monday) morning, and proceeded with the cases
in the order in which they stood upon the hat. Nothing
occurred of public interest.

E t+` RE N P g

We have received tn. Pesri journals of
.e-t• rday.
A meeting of he members of the Republican op-
position was helc yesterday morning; at which it was
agreed that should the adjournment of the discussion
on the Questors 3111, for authorising, them to demand
an armed force, to be commanded by a general
nominated by them or by the President of the As-
sembly, be refus3d, then the Members of the Re-
publican opposition would vote against the measure.
The discussion tame on yesterday, and was a very
stormy one. It erded in the rejection of the propo-
sition of the Quw,tors, by a majority of 108 ; the
numbers being fot the Bill 300, against it 408. This
is another great victory for the Republicans, who
decided the questicn by their votes; and who gave as
a reason fur so voting, that though they had DO con-
fidence in the PRESIDENT of the Republic, they
distrusted the Burgraves still more than they did him.
Public Securities were remark Ally firm at the a)urse.
The Five per Cents. opened at 911. 55c., and closed at
911. 80c., fur the end of the month; the Three per
Cents. closed at 56f. 50c.; Orleans Railroad Shares,
872 t, 50c.; Rouen, 5711. 25e.; More, 210 f.; Great
Northern, 463 f. 75c.; Mignon, 2081. 75c.; Vierzon,
433 f. 75c.; Basle, 151 f. 25c.; Bordeaux, 3781. 75c.; Paris
and Strasburgh, 360 f.; Tours and Nantes, 257 f. 50c.

BUSINESS DONE IN FOREIGN RAILWAYS AT THE

LONDON STOCK EXCHANGE, Nov. 17.
Boulogne and Amiens, 101,,4 Dutch Rhenish, 23%—Lux-
embourg (Canal), 14i—Namur and Liege, 5%-'—Norillern of
France,. 14%—Orleans and Bordeaux, 4—Paris and Stras-
bourg, 12 Sambre and Meuse, 3—Tours and Nantes, 6,/.