The Sun.
London, England, 1851-01-20 00:00:00

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LONDON, MONDAY, JANUARY 20, 1851.

According to the progress made in the discussions
referring to CRANGAitima, the foes of French Re-
publiCanism have been more and more visibly un-
masked. The tribune of the Assembly has been
transformed during the debate into a sort of political
confessional. Once in it, the orators of all classes
have unburdened their consciences. Their harangues
completed, they have descended from it shriven in the
presence of the Parliament. If in no other respect,
the recent excitement will have been fruitful in ad-
vantages to the principles of democracy, inasmuch as
it has induced the most reserved and the most
taciturn to blurt forth their most secret in-
clinations and their most hidden predilections.
Until now a species of compact seemed to have
been arrived at, tacitly and definitively to all appear-
anc2s, a compact in accordance with which the
leaders of the majority in the Legislature contrived
to evade all unnecessary disclosures—disclosures we
mean of their real sentiments. Fortunately for the
true and moderate Republicans, who are the
veritable representatives of public opinion throughout
France, the late Ministerial crisis, and the conse-
quent contention in the Legislature has compelled, as
we have already intimated, the least garrulous to
give utterance to their hitherto most care-
fully concealed impressions. Among these
luckless victims of excitement must especially be
remarked one of the principal speakers in the sitting of
Thursday. M. BERRYEE has relieved the minds of
any who might have been hitherto doubtful as to the
views of his particular faction by uplifting once more

the standard of Legitimacy proclaiming anew his
adhesion to monarchical ideas. The speech of the
honourable gentleman was nothing less than a de-
claration of loyalty to the cause of the Count DE
CHAMBORD, or in other words a barefaced falsificaticn
of those oaths of allegiance made by him to that
republican form of government which he is now
endeavouring to betray by provoking a counter-
revolution. According to the happy phrase of
M. Dn LAMARTINE, the heat of the opinions
entertained by M. BERRYER is such as to cause his
most secret thoughts to sparkle out in spite of his
own constitutional self-possession. Uncertainty can
no longer, therefore,,be felt as to the feelings cherished
in the hearts of the still infatuated Legitimatists.
Whatever may be averred by them henceforth as to
the veracity of their allegiance to Republicanism, it
never can be credited of them that those assurances
are otherwise than most hypocritical. The charge of
hypocrisy, it is true, has been thrown out by M.
CRARRAS against the Prince-PRESIDENT of the Re-
public ; and that charge has been vociferously echoed
by the Mountain. Yet we are bold to say that it
appears to us somewhat less hypocritical to adhere
to the oath of loyalty to the Republican form of govern-
ment, as Lona NAPOLEON has done uninterruptedly
ever since his election on the memorable 10th of De-
cember, and to endorse that oath voluntarily two
years afterwards by its spontaneous renewal in the
Presidential Message to the Legislature—than it is, to
swear faithfully to obey the Republican institutions
inaugurated on the Ist of May, 1848, as M. BERRYER
did, together with his brother intriguers in favour of
Legitimacy, and afterwards to betray an un-
diminished fanaticism in behalf of the ex-
ploded principles of Monarchy. The accusation ap-
pears to us, therefore, to be somewhat strangely
misapplied. If hypocrisy is capable of detection on
any side, it unquestionably must be among the Bur-
graves—among those whose solemn oaths of allegiance
to the Republican form of government are not suffi-
ciently powerful to prevent their still conspiring for
another restoration.

Fortunately, the prestige hitherto enjoyed by the
Right of the Assembly has been at length entirely
and irrevocably dissipated by the recent confessions
indulged in by its leaders. M. BERRYER has been
emulated in this wilful candour by a greater than
himself, by one of those remarkable men, the sound
of whose voice can affect the funds of a nation, and
cause the mercurial barometer of credit to rise or fall

according to the force or feebleness of its intonation,
M. TRIERS, in the sitting of Friday, boldly
asserted the hostility of his sentiments in
regard to the PRESIDENT. The acknowledg-
ment we doubt not will be fittingly employed by
Louis NAroLuox. The duplicity of the historian will
not be forgotten. His sententious avowal, "If the
Assembly recedes the Empire has arrived," will be
oorne in serious recollection; and this not merely in
reference to the declaration uttered, but especially
and peculiarly with regard to the author of the ut-
terance. If M. BERRYER was gifted with audacity
enough to enable him to announce his continued
adhesion to monarchical principles ; and if M.
TRIERS was foolhardy enough to throw aside prema-
turely his long preserved masquerade—M. DE Le-
MARTINE, with a magnanimity worthy of his great
name, had the courage to commend the Prince in
spite of the yells of the Mountain, and to eulogise the
Republic in spite of the sneers of the Burgraves—M.
BAROCHE had confidence enough in his own Ministerial
capacity to fling defiance in the teeth of the conspir-
ing Legitimatists—and General CAVAIGNAC had
energy and valour sufficient to brave all possible ill-
consequences, by spurning from him at once the
views of the Right and of the members of the Ad-
ministration. The result of this important discus-
sion is in the highest sense of the word satisfactory
—the Republicans, that is to say the true Republi-
cans, the moderate Republicans, the Republicans
identified with the more patriotic section of the Pro-

visional Government, having obtained a decisive vic-
tory through the late decision of the Legislature.
That decision in truth, while it is condemnatory of
the proceedings of Ministers, is the actual abandon-
ment by the Right, of the cherished interests of
General CHANGAILNIER. It will be observed
by the readers of the debates in the Assembly
that " the Sphinx has at length spoken "—briefly and
incidentally it is true, but still—spoken. The be-
nefit derived by General CIIANGARNIER, however,
from his tardy expression of his opinion on Friday
was nothing more substantial than a loud and voci-

ferous cheer from the benches of his quondam sup-
porters. Those supporters have since then shrunk
away from the contaminating influence of his society,
and have delivered him over to a state of ignominious
obscurity. The determination of the Assembly,
under existing circumstances, and all things consi-
dered, may be regarded as in truth highly advanta-

geous to the PRESWENT— the Burgraves having been
deprived of their importance, General CHANOARNIER
having been reduced to insignificance, and
the cause of Legitimacy itself having been transformed
from a dream of possibility into an actual opprobrium.
Every genuine democrat in France may congratulate
himself and his compatriots on the effects of the late
discussion about CHANGAENIEE, that discussion having
effectually stripped the Right of the disguise hitherto
worn by the secret aspirants for a restoration. Prince
Louis NAPOLEON may now recognise with facility
the ranks of his antagonists and of his adherents,
the belligerent forces of the traitors and the cham-
pions of Republicanism, the opposing legions of the
revolutionists and the counter-revolutionists. From
their judicious comparison may be drawn a policy
capable of sustaining the vigour of democratic prin-
ciples.

The general support accorded to the County Courts
Extension Bill when that measure was before Parlia-
ment last session afforded the best evidence of the in-
tense desire of all classes of the community for the
attainment of cheap and speedy justice. The state of
public feeling enabled the promoters to carry
their project, notwithstanding the resistance
of the Ministers, who having been sig-
nally defeated by a decisive majority on
the second reading, judiciously relinquished further
opposition, and assisted in passing the measure
through both Houses, until it became a portion of the
statute-law of the land. But there was one capital
error committed in the original Act which was not
remedied, or in any degree noticed, in the new enact-
ment, an error which we pointed out during the

pendency of the Bill, so that it might easily have been
avoided. There was no provision made for an appeal
to any tribunal in the event of the district
judge being mistaken in his opinion, and pronouncing

a wrong decision in consequence. This unfortunate
system, which renders the first hasty judg-
ment to all intents and purposes final and con-
clusive, renders the judge practically irresponsible.
, He may make or unmake laws at his
mere will and pleasure. The law of England
for the time being must come out of his mouth.
He may refuse redress to the suitors, or establish
the most inequitable precedents, and compel their
satisfaction. He exercises a despotic authority within
his district, with respect to all demands not exceed-
ing 20/. or 50/., if the plaintiff voluntarily selects
his court. The great stimulus that ensures the
andaccuracy impartiality of the judges of
the superior courts is completely wanting.
part of any one of these
Any error on the P
learned and eminent menis sure to be brought to
light, and their judgments revised and cor-
rected, if any point can be discovered on which
to hang an objection. They are also checked by
the presence of an acute and intelligent bar, and
the desire to maintain an unblemished reputation in
" The Hall." But the. County Ccurt judge has
nothing of the kind to take into consideration ; he
, a s
mistakes, may commit the most glaring his judg-
ment will still be conclusive, and he may
satisfy himself by thinking that "a blot
is no blot until it is hit," that his error,
however flagrant, cannot be brought to light.
The bar will not attend, because they are
not allowed any precedence. A gentleman may
occasionally be brought down special, but he
will only remain while the case in which he is con-
cerned may be under discussion, and will hurry away
the moment it is terminated. It is seldom indeed
that even a reporter is found to record and give
publicity to the decisions. Nothing can in fact be
more snug and quiet than the entire transac-
tions. The sic volo sic jubeo of the judge must
be received with most profound respect and de-

Terence, as if it 17-- 7, Me•let,

and Persians.

A case was tried on Thursday, before Mr.
Baron PLATT and a common jury, which
afforded a powerful illustration of the ex-
tensive hardship of the present system, and
pointed out the imperative necessity of giving a right
of appeal whenever the presiding judge of the in-
inferior tribunal should erroneously interpret or in:l,.
properly admit or reject evidence. The action was
brought by a poor washerwoman for a breach of
contract. No less than eleven pleas were
placed on the record in answer to the allegations
contained in the declaration. It is needless to show
how greatly this multiplication of issues must have
increased the costs and expenses of the suit; but such
matters can scarcely be avoided while the present
system of special pleading is maintained with all its
abuses. The case was one that should have been
tried in the County Court (for the amount in dispute
was under 200 ; but the action was rendered
necessary in consequence of the want of a " right of
appeal." It appeared that a plaint had been
previously brought in the Marylebone Court, but that
the plaintiff had been non-suited in consequence of
the written contract that had been signed by both
parties having been rejected by the County Court
Judge, it being without a stamp. The Judge, how-
ever, who recognised the justice of the claim, advised
the plaintiff to get the document stamped, and to
bring her action in the superior court. The latter part
of the recommendation was adopted, but the former
was considered unnecessary by the Learned Counsel for
the plaintiff, who contended that a stamp was quite
unnecessary, as the amount to De recovered was under
201. Baron PLATT took this view of the case, for
he admitted the document in evidence, giving the de-
fendant leave to move for a nonsuit if necessary. A
verdict was thereupon found for the plaintiff, the
justice of whose claim was thus established by the
jury.

The Learned Judge, however, refused to cer-
tify that it was a proper case to be tried
in the superior courts. The result, •therefore,
is, that the unfortunate woman will have
to bear her own costs for more than the amount in
dispute. This she would have been spared if there
was " a power of appeal ;" and it certainly appears
rather hard to refuse costs, when the only alternative
allowed to the unfortunate woman was either to
relinquish her demand altogether or to bring
it before a superior court. It also appears
that she was mulcted of 71. in consequence
of a mistake of her pleader, who substi-
tuted the word " plaintiff" for "defendant" in one
part of the declaration. On the whole poor Mrs.
THANATT appears to have been a severe sufferer by
the present state of the law, and we trust that her
case may not be lost sight of when the entire code is
again brought before the Legislature for revision and
emendation.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The great debate on M. DE REMusAT's motion ter-
minated on Saturday in the defeat of the Ministers,
by the enormous majority of 139 ; but the victory is
not to the Monarchists but to the Republicans, and
the defeat, however annoying it may be to the PRE-
SIDENT and his Ministers, is absolutely a vote of annihi-
lation to General CHANG ARNIER,Who was sacrificed by
his friends to secure the votes of the Left. The Bur-
graves withdrew their own resolution, which censured
the Ministry for the dismissal of CHANGARNIER, and
adopted that of M. ST. BEUVE—" The Assembly de-
clares that it has not confidence in the Ministry, and
passes to the order of the day"—which was carried by
a majority of 417 to 278, the whole of the
Left voting for it. Had the original reso-
lution, blaming the dismissal of CHANGARNIER, been
persevered in, the Left would have abstained from
voting and the Ministry would have triumphed ; but
to secure the satisfaction of defeating the PRESIDENT
the different Monarchical factions surrendered at dis-
cretion to the Republicans, and carried their amend-
ment. The reasons which induced the Republicans to
support the amendment are ably set forth in the
following speech of General CAVAIGNAC :
" General Cavaignac rose to explain the motives that
had induced him and two of his colleagues to condemn
the resolution of the committee. When the harmony
existing between the majority sad the Ministry appeared
compromised by the proposition of M. Remusat, some of
his friends asked him what were his feelings on the
subject? He replied that he viewed those new disposi-
tions of the majority with:reserve and coldness. He
had ever waged a legitimate opposition to the
Government. From the military reviews to the
speech of M. Berryer, he and his party cared little
who should be the conqueror, but they had a right
to feel uneasiness at the use that might be made
of the victory. The rupture between the Ministry
and the majority had placed them in presence of two
adversaries. The choice was delicate. In that alterna-
tive he had recollected the numerous grievances of his
friends against the Government. Most of those adduced
in the course of the debate were common to them. The
laws on public instruction and the electoral law had
raised an insuperable barrier between them, particularly
after a member of the Cabinet had come forward to pro-
claim from the tribune that the revolution of February
was a catastrophe. Under these circumstances he
should have readily voted for the resolution moved by
M. St. Beuve, declaring that the Ministry did not enjoy
the confidence of the Assembly. But the speech of M.
Berryer had deeply wounded him in his convictions,
when he stated from the tribune that there
was a Prince, whose mere appearance on the French
territory would at once supersede the nations
sovereignty. He could not agree with him, that
France was advancing towards a period when the form
of the Government could be legally changed. He could
not accept that theory. Under the monarchy it Was
forbidden to contest the principle of the institution. It
was fully justified in doing so, for any Government that
allowed its principle to be discussed was doomed to
perish. The Constitution of 1848 had not invented na-
tional sovereignty and universal suffrage. They pre-
existed, and nubody had a right to suppress them. The
Assembly had afterwards heard another eminent orator,
some of whose admissions had given him much pleasure.
But he could not agree with him that France was now
trying an experiment, and that the present Government
was precarious and transitory. This was not the
means of restoring tranquillity. It was by declaring
it eternal that repose and security could be re-estab-
lished. After those two speeches he could not consent to
vote a common resolution with the majority without
some previous explanations. In France there were only
two things possible—the monarchy or the republic.
Whoever was not for either form was against it. Those
who mismanaged the affairs of the monarchy prepared
the advent of the republic. Those who mismanaged the
affairs of the republic were preparing the return of mo-
narchy. General Cavaignac, after explaining the rea-
sons of his hesitation, said that two years ago the ma-
jority had assumed the exclusive denomination of the

party of order. There lurked at the bottom of their
hearts a sentiment that the republic was not practicable
in France, and they coalesced, not for the present but
for the luture. Their union was a sort of dig.
armament. M. Thiers intimated that a conspiracy
existed to silence the tribune. For his part
(the General declared) that if it was threatened in
should not demand a vote of confidence, but enrol himselt
as a simple soldier in the army of its defenders. He
fully respected the Constitutional Monarchy and its de-
ceased chief, although he was not a partisan of the
Parliamentary form. That Government, consisting of
a hereditary monarch and two chambers, had never given
the country but a theoretical liberty. He had witnessed
the downfal of two monarchies. Had the Restoration
offered the guarantees of practical liberty, it would not
have been overturned. Had the Parliamentary monarchy
presented it, Parliamentary men would not have been
obliged to seek arms for its defence. For his part he
would support the Republican Government and nothing '
else, and, after mature reflection, would vote in favour
of M. de St. Beuve's amendment, which was as follows:

—" The Assembly declares dud it has not confi-
dence in the Ministry, and passes to the order of the
day."

The Ministers waited on the PRESIDENT of the
Republic on Saturday evening, and placed their re-
signations in his hands. It was thought probable
that the PRESIDENT would send for either M. DE
LAMARTINE, general CAVAIGNAC, or M. BILLAULT.
The Journal des. Dabats unhesitatingly condemns
the vote of the Assembly.
The speech of M. TRIERS exhibited such a bitter
feeling of hostility to the Executive, that when it
became known on the Bourse the Funds gave way.
The minority in favour of the Governmdnt repre-
sents a much stronger party than its number of 278
would
imply. In fact, it contains names of the first
weight in the Chamber. Out of the Committee of
the seventeen leaders of the Parliamentary majority
Government
f fewer Lou than
NAPOLEON
hhNa. ve sidedh
e eTs
who were appointed on the Ist of May to form the
vl ae
r ;
n
withn w
telectoralhe
G h wt
are MM. DE BROGLIE, DE MONTALEAIBERT, DARU,
DE CHASSELOUP-LADEAT, LEON FAUCRER, BEUGNOT
and BUFFET. M. MOLE absentedlhimseff from the
vote, so did ODILON BARROT. PASSy, LACROSSE,
and DE TRACY, old colleagues of ODILON BARROT,
voted with the Government. DE TOCIWEVILLE was
absent on leave, as were also DE LAHITTE and DE
FALLOUI.
Among those who abstained from voting next to
MOLE and ODILON BARROT, the names of CHARLES
DUPIN, COETLOSQUET, FRE/MY, FRESNEAU, and
Parisis, Archbishop of Orleans, deserve notice. Two
Vice-Presidents and four secretaries of the Assembly
voted with the Government.
Among various reports in circulation yesterday,
the one to which most credit seems to be attached was

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