The Sun.
London, England, 1851-12-19 00:00:00

etmixina

LONDON, FRIDAY, DECEMBER 19, 1851.

Intelligence has been received from the United States
up to the 6th inst. of the arrival of Louis kossum on
the shores of the American continent. As might
have been confidently anticipated, the approach of the
illigtrions chieftain of the Hungarians to New York
was the signal for a very extraordinary, if not wholly
unprecedented, outburst of enthusiasm on the part of
the inhabitants. This would infallibly have been
the case had KOSSUTH proceeded at once to
'the Republic of the new world on board
the Mississippi, according to his original intention.
As it was, however, our good uncle SAM, or Cousin
JONATHAN, or whatever we may be permitted to call
that distinguished branch of the Anglo-Saxon race,
was incited to a more than customary display of hos-

T VI t 4.1114,

pitality in consequence of the generous rivalry pro-
voked by the reception yielded to the renowned
guest of the United States by the people of the
United Kingdom. Circumstances, indeed, have pe-
culiarly favoured the Magyar Leader during his
triumphant progress after emerging from the Medi-
' terranean. He reached the capital of England
precisely at the period when its inhabitants
were prepared to welcome him with undi-
vided attention. The moment of his ad-
vent was, as it were, " between hours." The
season had terminated, and its successor had not yet
commenced. Her MAJESTY'S lieges were, 'conse-
quently, prepared to direct the whole of their obser-
vation to the remarkable man who had hastened to
clasp their hands in friendship, as soon as it was
practicable, after his release from imprisonment in
the SULTAN'S dominions. This, in some measure,
may account for the wide-spread emotion manifested
recently on the occasion of the KOSSUTH demonstrations.
But it can by no means account for it altogether.
There was something more than the mere appetite for
some new excitement on the part of the English
votaries of pleasure in that profound and popular
manifestation. it was a manifestation, for example, in
no degree restricted to the lovers of novelty or
amusement. On the contrary, those who hailed the
appearance of the Hungarian Dictator in the streets of
London, of Winchester, of Southampton, of Birming-
ham, and of Manchester were for the most part the
toilers in the workshops and the manufacturers—
artizans who rushed into the highways, grimy
with labour, to raise their voices in acclamation for
that glorious citizen of Hungary who was naturally
regarded by them as the representative of the liberties
of Christendom. Such were the sentiments animating
the vast multitude who of late greeted KOSSUTH in
England with such enthusiasm. Such also are the
feelings with which the people of America are now
hailing that remarkable personage on his traversing
the streets of the principal cities of the Confederation.
Among the attractive intelligence received by us
from the United States are recorded incidents of a
some what amusing description. It is ludicrous enough,
for example, to observe that a certain notorious lady
who was numbered among the passengers of the
Humboldt on its passage across the Atlantic to the
United States, jealous of the importance of KOSSUTH,
had plainly voted him a "humbug," while KOSSUTH
himself, in apologising for the ill-health caused by
his recent voyage from the eastern to the western
hemisphere, unintentionally forced upon the minds of
his hearers the fact that he also might be designated,
" A very good man, no doubt, but a bad sailor," like
the unfortunate wight celebrated by the pencil of
CRI7IKSHANK.

Profounder and more important reflections than
these, however, are forced upon us by the news just
received from the United States. From those ac-
counts it would appear that the reception about to be
accorded to the impersonation of the liberties of the
European Continent were likely to be of a kind
worthy of the Transatlantic Republicans. KossuTH,
according to those statements, was to be publicly
received by the Senate and the House of Repre-
sentatives. Circumstances, of course, inter-
fered, such as would prevent the possi-
bility of any such welcome being yielded to the
leader of the Magyars by the American PRESIDENT.
It is satisfactory, however, to reflect that those con-
siderations would in no manner hold good in regard
to the views entertained towards his Excellency by the
members of the democratic Congress. Throughout
the states, or at least in the more remarkable cities of
the states, active preparations had been made to greet
the Liberator of the Hungarians in a manner becom-
ing the position of the American democracy. At
New York his Excellency had already witnessed the
admiration with which he is regarded by its citizens. At
Philadelphia, at Washington, and at other important
resting places on his route, we doubt not a similar
fervour of enthusiasm will be rendered apparent.
Everywhere he cannot but witness the passionate de-
votion with which the lovers of freedom in the new
world behold one from the old, who is the very in-
carnation of the demoeratic hopes of Christendom.
The reports already conveyed to us of the
four or five speeches even then delivered by
KossuT a to the Americans, show that they
were remarkable for his extraordinary adap-
tation of the orator's views, and of the
very style of his delivery, to the views and
manners the most instantaneously appreciated by his
auditory. Were it necessary we are satisfied that
this protean rhetorician could at pleasure become
for the nonce a stump orator, but without degene-
rating to that attitude he has assumed a bearing i❑
his harangues to the free people of the United
States such as places him at once within the circle of
their sympathies and on the level of their predilec-
tions. Later on we shall see the happy effects pro-
duced by the arrival of this champion of the liberties
of Europe on the shores of the great American
Republic.

We give in another part of this day's impression
an analysis of the contemplated Common Law Pro•
cedure Bill of 1852, which has been framed in ac-
cordance with the suggestions and recommendations
of the Commissioners in their published reports, to
which we have already directed the public attention.
Th• Bill itself is an exceedingly elaborate document,
apparently drawn up with the greatest care and at-
tention. It consists of no less than 280 sections, and
should it receive the legislative sanction in its present
form, it will unquestionably occasion very great
changes in the pleading and practice of the superior
courts as they now stand. It is of course impossible,
within the compass of an article, to enter into a
minute consideration of the various complicated de-
tails of the proposed measure. A general view can
only be taken—that, however, will be amply sufficient
for present purposes. The nature and bearing of the
suggested amendments may be sufficiently under-
stood to enable the legal reformers throughout the
country—and their name is " legion"—to decide whe-
ther the present Bill is adequate to the emergency ?
whether it strikes at the root of the grievances and
abuses that have been so loudly and so justly com-
plained of? whether, in fact, it may be accepted as
an instalment of justice sufficient to satisfy the rea-
sonable demands and wishes of the people ? These
are important questions, deserving of calm and
mature consideration, and we trust that the matter
may receive that respectful attention which the learn-
ing, experience, and high characters of the distin-
guished and able lawyers from whom it has emanated
so eminently merit.

It is impossible to deny that it would constitute a
very great improvement on the existing system,
abrogating many useless forms, and thus in some de-
gree abridging the vexatious delays and diminishing
the extravagant expenditure by which the suitor for
justice is now obstructed. On that point there can
be no controversy, and if the only alternative lay be-
tween its adoption or rejection, there would be but
little difficulty or hesitation in deciding the question.
But, unfortunately, that is not the only point at issue,
something more is required before final judgment is
pronounced. Would not the acceptance of the present
Bill materially retard, if not altogether prevent, the
bringing forward of the larger and more comprehen-
sive measures which are now so urgently required ?
If it should occupy any considerable portion of legis-
lative time, it,
Amendment together with the County Courts
much in the 11, -which is inevitable, will be as
way of legal reform as can possibly
be attempted
during the session. Other and
matters must be indefinitely
scarcely
postponed, l esas
nd pressingi
f the
change be not found satisfactory,
the labour will all be thrown away,
and the profession
will have unnecessarily incurred the trouble and ex-
pense of acquiring the new practice.
It is impossible to peruse the numerous and „an_
plicated provisions of the Bill without being con-
vinced of the thorough acquaintance of the Learned
Commissioners with all the details of the subject-
matter on which they were required to report.
Every branch, however minute, appears to have been
investigated with the most searching scrutiny. But
they seem to have forgotten the golden rule--
" Melius est petere fontes quam sectari rivnlos."
They have followed the numerous istreamlets and
traced them out with almost painful accuracy, but
they have not sought the source of these various
rivulets—the fountain-head from whence all the
minor evils have their origin, They have endeavoured
to ameliorate the system of "special pleading," but they
permit the vicious system to remain in full vitality.
There must be the same atteation to mere forms

as heretofore, and cases may still be decided on mat•
tees totally apart from their substantial merits. For
instance, a party may— by leave of a judge—plead
and demur to the same pleading at the same time, and
it shall be in the discretion of the court or a judge
to say which issue shall be first disposed of.
This is a palpable improvement—the former rule,
which prevented a party from joining issue in law
and issue in fact at the same time, having been justly
complained of by legal practitioners, as well as by the
community in general. It was a grievous hard-
ship',that if a party to a suit (or his legal ad-
visers) 'conceived that there was no right
of recovery, or an insufficient defence either
on the substantial merits, or on some
technical defect, set forth on his opponent's
pleadings, or, in other words, that these plead-
ings were subject either to a general or special
demurrer, that he should not be permitted
to mil himself of that summary defence without
being held to have admitted every statement put
forward by his adversary. This glaring grievance
will be removed. But still special demurrers, by
which suits may be decided on mere matters
of form, rather than according to the actual
justice, are not only still retained, but greater facili-
ties are given for their being resorted to. They will
receive practical encouragement under the proposed
Bill.

The foregoing examples will sufficiently indicate
our meaning. Many others of a similar character
might readily be adduced. Now, with all respect
for the Learned Commissioners, we ask, why
might not special pleading be completely
abolished, and plain and simple statements
of the nature and particulars of the plaintiff's demand,
and of the defendant's answer, be substituted ? The
adoption of such a course was one of the
points which so strongly recommended the
County Courts to public favour, and if
the principle were extended to the superior
courts, we believe it would be received with almost
unanimous approbation. The Commissioners, how-
ever, appear to have contented themselves with at-
tempting to sweep out a single corner, rather than to
effect a thorough cleansing and purification of the
Augean stable.

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The Moniteur publishes a decree, confirming the
state of siege in Algeria, as established by General
PELISSIER, and another placing the department of
Jura in a state of siege.
The Public having inserted a letter ascribed to
General CAVAIGNAC, containing his adhesion to the
Government, the Minister of the Interior has ad-
dressed the following letter to the editor on the sub-
ject :
" Mr. Editor, The Government, in interdicting
attacks, cannot with propriety permit the insertion of
pretended adhesions, thoughtlessly, if not falsely stated.
I have acquired the certitude that the letter which you
ascribe to General Cavaignac, and of which you cite a
fragment in your journal of this morning, was never
written by him. The Government, not wishing to de-
ceive any one, orders you to insert this declaration in
your next number. Receive, &c.,
"A DE MORNY,"
" Paris, Dec. 17. " Minister of the Interior."

MM. CREMIEUX, CRETON, LEO DE LABORDE,
and PISCATORY, ex-representatives, were, says the
Dibats, set at liberty yesterday. MM. DUVERGIER
DE HAURANNE, General LEYDET, and Milo have
been removed from Vincennes to Sainte-Pelagie.
General CAVAIGNAC will, it is said, proceed to Hol-
land with his bride. It is stated that the PRESIDENT
of the Republic addressed an autograph letter to
General CAVAIGNAC, informing him that he was re-
leased from incarceration, and without any conditions,
and expressing regret at the inconvenience the
General must have suffered from his fortnight's im-
prisonment, which reasons of State had rendered
necessary.
Fears for the safety of Colonel Cn&RRAS are en-
tertained by his friends. It was at first supposed he
was at Ham, but it appears that such is not the case.
He has not been heard of since the 2d December.

The anxiety felt by the family of M. VICTOR HUGO,
against whom an order of arrest had been issued, has
been relieved by information of his safe arrival in
Brussels.

The Government yesterday received telegraphic
dispatches from different parts of the disturbed dis-
tricts. One from Gap (Hautes-Alps), of the 15th,
states that one of the leaders of the insurrection in the
Basses-Alps had just been arrested, and various im-
portant papers found on him. He had been lodged in
the prison at Embrun. The department of the
Basses-Alps was generally pacified, but a few insur-
gents still held out at Barcelonnette, where they had
pillaged the house of the Receiver. The Prefect
had started for that place. Another dispatch from
the Var, of the 14th, states that everything was quiet
at Toulon. All the influential men bad decided to
vote for LOUIS NAPOLEON. The dispatch from the
Haute-Saone mentions that Vesoul and all the depart-
ment was tranquil. Fresh arrests had intimidated
the anarchists. From Avignon it is stated that the
department is quiet. The columns sent from that
city to Apt and Forcalquier had made many arrests.
Three thousand weapons of different kinds bad been
given up to the troops. The communication between
Digne and Avignon is now open.
A letter from Digne, of the 15th, says—" Yester-
day the Prefect entered Digne with two companies of
gendarmes. To-day Colonel DE SEECEY arrived with
1,500 infantry, a battery of artillery, and a detach-
ment of hussars. 'We are now under military autho-
rity, and we regard the troops as our saviours. The
most -hideous disorders have prevailed here. For
four days all the letters were opened by the insur-
gents at the Prefecture. A sentinel was placed at
the door of the Post-office, and no one could go in or
out without being searched. On the 9th the insurgents
intended to have made a regular pillage of the town,
but were deterred by hearing that a battalion was
advancing by forced marches."
M. DE LAMARTINE has addressed the following
letter to the editors of some Government news-
papers :
" Sir,—l observe in your journal the following lines:
—' Letters from Macon of December 7 state that M. de
Lamartine, seeing the insurrection approaching Mon-
ceaux, sent to Macon for military forces to protect his
residence. The authorities hastened to comply with his
request.'
" These facts are completely inexact. Neither the
chateau of St. Point, which was stated to have been
sacked and burnt, nor the chateau of Monceaux, which
is the present residence of M. de Lamartins, has been
the object of any threat or violence. M. tie Lamartine
has not claimed assistance from any public force.
" Accept, Sir, &c.,
" A. DE LAMAATINE.
" Monceaux, Dec. 12, 1851." _ _ _

. ,
General OUDINOT has addressed the following let-
ter to the PRESIDENT, protesting against the appoint-
ment of General VAILLANT, who served under his
command in the expedition to Rome, to the dignity
of a Marshal of France :

" Dizembre 12, 1851.

" Monsieur le PrCident,—Je lis dans le Mcntiteur de
ce jour 1114vation du Gi'Aral Vaillant I la dignite de
Mar 6ehal de France.

"Au nom de la •eriti, an nom de I'honneur, awe
l'ecdrgie d'une conscience sans peur et sans reproche, je
preteste hautement contra les considerants de cette
nomiaation.

" Le G ec-eral OUDINoT DE REGGIO."
The Minister of Marine has ordered the following
vessels to be fitted out for the transportation to
Cayenne of convicts who have broken their ban, and
of persons affiliated to secret societies :—The Moga-
dor steam-frigate of 650-horse power, at Rochefort ;
the Canada, of 450-horse power, at Cherbourg; the
Christophe Colomb, of 450-horse power, at Brest ;
the Dugueselin, of 90 tons; and the Allier corvette,
of 800 tons. These vessels, we are assured, will in
fifteen or twenty days be able to transport to Cayenne
2,000 men. Another fleet is equipped in the Medi-
terranean for the transportation of French citizens to
Lambessa, in Algeria.
The Nouvelliste of Marseilles of the 15th says :
" The château of Maligey (Basses Alpes), was occu-
pied for three days by 4,000 insurgents, who devastated
and destroyed everything, burning the doors, windows.
and even the beds. They tore up the vines and set fire
to them. The houses or the poor peasants were no more
respected than the chateau. All their provisions have
been taken from them, and they are reduced to the
greatest misery. Madame de Castellane, the wife of the
Sub-Prefect of Forcalquier, was for thirty-six hours in
the power of the insurgents, and expected to be put to
death every moment."
The Bourse was heavy except for Railway Shares, in
which there was a considerable amount of business
transacted. The Five per Cents. opened at 101 f. 25c.,
and closed at 100 f. 50c. for the end of the month.
T4N:htoroeratshTbeuhrrnrge,
45p10e66r11..C25e2cn5.te5: closed at 641. Orleans Railroad
Shares, 1,0201.; Rouen, 640 f.; Hine, 240 f.; Great
t o o; Bask
ulLo go t
D, 20712: f 5. 1.;
Avignon, 2171. 50c.; Vierzon,
Bordeaux, 393 f. 75c.; Paris and
; Tours and Nantes, 2751.; Amiens
BUBSoIuNIoEgnSeS
anDOdNAEmlieNns,FlooZ.lGcNentßraAlloLfWFAraln'eSeA(TorTleHanEs
STOCK EXCHANGE, DEC. 18.
and Vierzon),l9.4e—Luxernbourg, 3%--Namur and Liege,
6LA —Northern of France, 16%—Orleans and Bordeaux 4%
—Paris and Rouen, 25%—Paris and Strasbourg, 14%
Rouen' and Havre, 9%—Sambre and Meuse, 3%—Tours and
Nantes, 73/i ex int.

It is said that the Victoria Tower will be so far
completed by the time for the opening of Parliament, that
her jaajeaty will enter the House of Lords through it.