The Sun.
London, England, 1851-12-09 00:00:00

LONDON,

attendance—a tales might not be prayed—various
coo:ingeacies might arise to prevent th© progress of
the case. These shoals and quicksands were, how-
ever, avoided. The jurors were punctual, and the
grand contest was at length commenced, which was
to decide whether the majority of the House
of Commons had rightly interpreted the law—whe-
ther the chosen representative of a numerous and in-
fluential constituency was properly excluded from his
seat in consequence of his conscientious objection to
the form of an oath, when he had to all intents and
purposes complied with it in spirit and substance.
But, alas ! the vanity of human hopes. The plead-
ings had been duly opened, the eminent gentleman
who conducted the case, for the plaintiff had com-
menced his opening speech, stating the nature of the
question about to be discussed, when it appeared that
there was really no point to be decided by the jury.
The entire matter would turn on the interpretation of
divers Acts of Parliament. The Learned Sergeant
stated that, " as to the facts to which this body of law
was to be applied, there would be no dispute." Of
course not, the sole object of the defendant was to have
the earliest possible decision, that the vexata questio
might at once and fur ever be set at rest.
That object would not be attained if
the matter was disposed of by a side wind,
or on any technical !ground. What would it
avail him or his co-religionists that the plaintiff should
be non-suited, if the great question remained unde-
cided ? With a chivalrous daring meriting the highest
praise, he had flung himself into the breach—he had
taken the bull by the horns, and disregarded the cer-
tain expense and possible liabilities to which he
subjected himself. Under any, the most favourable
circumstances, his outlay must amount to several
thousands of pounds sterling, for which he can obtain
no pecuniary return ; while, if the decision should be
adverse, the three penalties of COOL. each by no
means indicate the extent of his liabilities ; for he
would be held " a Popish recusant convict," and sub-
ject to the penalties which attach thereto. All these
things, however, were diregarded. It was
not, therefore, probable that the champion of the
great cause of civil and religious liberty
would deny any fact essential to a complete solution
of the problem. No sooner, then, did the Learned
Judge interpose, suggesting that "it would be better
to turn the facts of the case into a special verdict, as
it was clear that the case must ultimately go before
the Court above," than counsel on each side assented
to that course. The jury were then directed to find
a nominal verdict: Mr. Baron MARTIN undertook to
settle the verdict himself, and the parties further
agreed " to admit any fact which might have been
accidentally overlooked in drawing up the admissions."
The matter thus terminated for the present, to the
bitter disappointment of those who expected to have
heard the full discussion on the points at issue.
There is no doubt that a stage, and very important
stage, in the proceedings has been obtained, and that
the matter is now placed in a train for a final deci-
sion. But the legal reformer may ask, where was the
necessity of calling together a special jury when there
was no fact to be decided, and of incurring
an expenditure not much less than a thousand
pounds sterling, which might altogether have been
dispensed with ? There was also a very unnecessary
delay thereby occasioned, retarding the final judg-
ment, which all parties were desirous of obtaining at
the earliest possible moment. We cannot help
thinking that the special case settled and approved of
by the litigants would have been just as conclusive as
the special verdict, while trouble, annoyance,
delay, and heavy expense would have been
avoided. It is the disregard of these cheap
and expeditious modes of arrangement that
has led to such numerous and well-founded com-
plaints, and has produced an anxiety on the part of
many short-sighted persons to get rid of both branches
of the profession—a course the evils of which
would but too speedily become apparent. We
trust, however, that those desirous of a
real amelioration in the administration of the law will
direct their attention to the means by which such
grievances may be averted, and that legal practitioners,
barristers as well as attorneys, will lend their best
assistance for the same purpose, which will be alike
beneficial to the community at large and to their own
peculiar interests.

THE FRENCH REPUBLIC.

We hare received the Paris journals of yesterday.
The following proclamation of the PRESIDENT Of
the Republic was placarded on the walls of Paris
yesterday morning :
" The disturbances are appeased. Whatever may be
the decision of the people, society is saved. The first
part of my task is accomplished. The Appeal to the
Nation to terminate the conflicts of parties would cause,
I knew, no serious risk to public tranquillity. Why
should the people rise against me? If I no longer possess
your confidence, if your ideas have changed, it is not
necessary to cause precious blood to flow—it suffices to
deposit au adverse vote in the urn. 1 shall always respect
the decree of the people. But, until the nation shall
have spoken, I will not shrink from any effort, from
any sacrifice to brAlid the attacks of the factious. This
task, besides, is rendered easy to me. On the one
nand, it has been seen how insenate it is to struggle
against an army united by the ties of discipliuo, and
mated by the sentiment of military honour, and by de-
votedness to the country. On the other hand, the calm at-
titude of the inhabitants of Paris, and the reprobation
with which they brand 41732eutes, have sufficiently testified
for whom the capital has pronounced. In the populous
quarters in which formerly insurrection rapidly found
recruits amongst workmen easily led away, anarchy
this time only met with profound repugnance for its de-
testable excitations. Thanks be rendered for it to the
intelligent and patriotio population of Paris. Let it
persuade itself more and more that my sole ambition is
to assure the repose and prosperity of France. Let it
continue to lend its co-operation to the Government,
and in a short time the country can calmly accomplish
the solemn act which is to inaugurate a new era for the
Republic.
" Given at the Palace of the Elye67, the Bth of De
comber.

" LOUIS NAPOLEON BONAPARTE."
General MAGNAN has addressed the following Order
of the Day to the Army :
" The General-in-Chief calls the attention of the army
to the following proclamation of the Minister of War.
(Here follows the Minister's proclamation already pub-
lished.) The General-in• Chief is happy to have to trans-
mit to the troops the expression of the Minister of War's
satisfaction. He thanks them with him for their gene-
rous co•operation, and declares himself more proud than
ever of the honour of commanding them."
The Minister of the Interior has addressed the fo'
lowing circular to the Prefects :

" Paris, Dec. 7

" By my circular of Dec. 2, you were invested with the
right of suspending, and even of immediately dismis-
sing, all functionaries whose co-operation should not
be certain. These extraordinary powers it was
necessary to confer on you, when it was indispensable at
once to put down the attempts of resistance which
might be of a nature to compromise the success of the
grand measures of public safety decreed by Prince Louis
Napoleon. These powers permitted you to attain to
even the juges do paix, and they must cease at present,
when the Government is master of the situation. 'rho
time, besides, which is to elapse,before the opening of
the ballot, allows the ordinary modes of nomination to
ho followed. You are, consequently, Monsieur le Pr6fet,
for the future to leave to the heads of the Coerts of
Appeal the free and full exercise of the right which be-
longs to them to present, and to the Minister of Justice
the exercise of the right which belongs to him, to nomi-
nate to all the functions of the magistracy. The Mi-
nister of Justice likewise invites the Procureurs-General
to consult you on the dismissals and nominations to bo
made.

" DE MORNY."

The Minister of the Interior has Bent a circular to
the prefects of departments containing instructions
relative to the taking of votes in the appeal to the
people. The following are the principal points :
The votes are to be taken on the 20th and 21st
instant. The electors are to be the persons who would
be entitled to vote in virtue of the Electoral Law of the
15th March, 1849—that is to say, all those not labour-
ing under certain specified disqualifications, who are
twenty-one years of age. and have resided six months at
least in a commune. Thu lists are to bo published at
the latest on the 16th, and are to be definitively closed
on the 19th. Citizens whose names are omitted may
call on the mayors or juges de pail to insert them. The
voting is to be continued each day from eight o'clock
to four. Where the population is too large to vote
entirely in one place, sections may be Established.
The presidency of the bureau of the voting places is to
he occupied by mayors, deputy•mayors, and municipal
councillors, or in their abscuco by persona delegated by
juges do paix. Each bureau is to consist of a president,
inscription, le ur assessors, and a secretary, chosen by them from
proceeded
amongsti.o the electors. The assessors are to be taken
.aurngst the municipal councillors, in the order of
to designate theta. paix
aro to bring
iption, unless the juges do Rix shall have directly
their votinsubmitted to the people g papers ready prep ared They are to con-
tain the word Yes or No
,byastten
paper, without exterior marks.la'
They may be printed or written, and
Electors.
President
to the proposition
csneteo f the Republic. b .
o
When
histo bee oisn
called,
the elector is to present his voting paper closed; anda teho,
president is to deposit it in the ballot-box. This box
is to have two locks, the key of one of which is to
be kept by the president, the other by the senior as-
sessor. The vote of each elector is to be recorded by