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, Lovrever, 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 seripta to one-eighth of its present bulk, and to
substitutosome 200 or 300 acts for nearly 20,000,
or from 1 to 1i 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-
'native, 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 Ron. and Learned Gentleman
are calculated materially to advance the great de-
sideratum, and that they are therefore worthy of
t he most strenuous support from every consistent
Legal Reformer.

At present it is not merely necessary to
the right interpretation of the law en any
particular subject, that a vast 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determine whether a provision has been repealed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 pari 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 fiction supposed to
be thoroughly acquainted with all its details ?
Suet 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 ?
Bic labor hoc Vas csi. We can only judge of the
arduous character of the task from the many
energetic, but unfortunately abortive, efforts that
lave been made.

si: F• Esu"Y'S Biliz are so tiaxy steps in the

xiL:ht direction, and so far from retarding they
-will materially facilitate the progress towards the
ult erior goal, a perfect legal code, in which, as in
tl let of NAPOLEON, every point may be strictly
a nd accurately defined, so as to remove many of
the impediments to justice that exist in this
c a untry. This must never be lost sight of, as the
gri 'at aim and object of the Legislature. Any halt-
ing ; on the way would be an evil especially to be
de, precated. It is because the propositions of the
He .nourable and Learned Gentleman are perfectly
unobjectionable is this respect that they receive
ar cordial and earnest approval.
The ether matter, referred to by the motion of
t 7 lie Honourable Baronet the Member for West*
nainster, is of a peculiarly delicate character.
IThere is no person acquainted with any of the truly
venerable and respected Judges whose names were
intioned in the course of the debate who would
no t carefully shun anything that could occasion
eviin 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
nulls 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 th• nation. We rejoice to
find that his intellect is as clear as ever. But unfor-
tunately age and physical infirmityhave 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 regret 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 tke otium, cum dignitate
in the shape of the highest retiring pension
sanctioned by law, and, taking into consideration
the expenses inciden!al 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 CLAItENDON 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 stores, 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 fiOnle-
thing favourable to the AUTOCRAT, which might
avert the painful necessity of abandoning the
traditional policy of the ROMANOFF 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 would 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 airy 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 and high-minded peoples of France and
England so cheerfully made in the glorious cause
iu which they deliberately and advisedly engaged.
What, we ask, is the true intent and meaning
of the term "armistice ?" 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-
stained 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
he 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
travagan tly paid for, aid of Prussia.

On the other hand, what equivalent aivantage3
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
articles ! 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, site will be far more anxious
than her opponents to sign awl seal. Any
attempt at procrastination may therefore be safely
regarded as clear, distinct, and unequivocal
evidenee of insincerity and bad faith.

ar
We have ab initio earnestly sued 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,
s quite enough, and Lord CLARENDON
e care that it shall not be extended,
utue
possible plea that may be put forward
by or ort behalf of Russia.
anyta longk

LATEST NEWS.

BERLIN, THURSDAY.

Count Orloff arrived this evening, and leaves

to-morrow for Paris.

Intelligence from St. Petersburg presages im-
portant personal changes is the higher adminis-
trative departments. The removal of the Minis-
ter of the Interior and Chief of Police is spoken
of.

VIENNA, THURSDAY.

Measures are under consideration for re-estab-
lishing the Civic Guard. It will consist of in-
fantry, artillery,.and cavalry corps.
The conduct of the Italian bishops in taking
undue advantage of the Concordat has given rise
to new negotiations with Rome.

PARIS, FRIDAY.

The Moniteur publishes the monthly returns of
the Bank of France to yesterday, Thursday, Feb.
14. We give the most important items, with the
corresponding figures of last month, en regard :

Feb.
Coin and bullion, Paris 94,789,695
Ditto ditto branch banks 119,587,230
Bills discounted, Paris 227,030,052
Ditto branch banks
Notes in circulation, Paris 531,265,100
Ditto branch banks 96,480,450
Treasury deposits 59,020,252
Private deposits, Paris 107,067,115
Ditto branch banks

Jan.
81,184,345
118,426,113
235,755,409
210,939,492
512,432,100
95,505,550
51,372,584
106,806,255
23,888,114

THE SION, LoriDON, FRIDAY _EVE.NLNG, FEBRUARY 15, 1856.

Prussia with the utmost speed, and a great deal is
to be effected before the end of the present year.
The Marquis de Moustier, the French Ambassa-
sador, will probably be back here next week.
His arrival is anxiously looked for to throw light
on the future position of Prussia with regard to the
Conferences. The report, that some fresh impedi-
ment had arisen to the appointment by the Pope
of the Roman Catholic Bishops in Poland, is
unfounded. The delay that has taken place is
merely what is necessary according to past usage
and the forms of the Papacy.

"h
6y

PERSIA.
ERZEROIYM, Jan. 16.—Letters of a recent date
from Persia state that Dost Mahommed is now
close upon Herat. The Shah has mustered an
army to meet the invader.

Slim Pasha is playing a peculiar game here,
sending away all Europeans in the Turkish service
who might act as a check upon his conduct. He
has just ordered Hussein Bey—a Hungarian, high
up in the medical department—off to Constanti-
nople, on the plea that it would be irregular to
keep hina at Erzeroum, as he belonged to the gar-
rison at Kars. The true reason is, that Hussein has
a leaning towards the English.
Winter has set in, and there is 'very little to be
done just now. Every one hopes to see General
Williams back at his old post by next spring.
I must repeat the opinion I expressed once be-
fore, says the correspondent of the Times. If
Selim Pacha be left to his own devices Erzeroum
cannot hut fall in case of an attack. The fellow is
too thick-headed even for a puppet. He ought to
be changed for a man of more ability, if possible ;
if not, at least for one more tractable.
The main body of the Russians have retired
from Kars, taking all the guns with them. The
road to Gumri is represented as being quite open,
despite the snow.

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