The Sun.
London, England, 1858-12-01 00:00:00

PROGRESSIVE LBGISLATION.

The following is an extract from a letter ad-
dressed by Lord Brougham to the Earl of Radnor,
as President of the Law Amendment Society :
" But I must here turn aside for a moment from
our own jurisprudence, and the amendment of it, to
congratulate you, which I do most heartily, upon
the measure in contemplation, we may. say actually
begun, for effecting a great improvement, perhaps
the greatest that can be conceived, in the legal sys-
tem of a foreign country, and indeed in its social
state—a country far removed from us both by its
position and its institutions, and where we might
the least have hoped, even in this age of progress,
to witness any change—l mean the Russian empire,
with its vast population, the very great majority- of
which is in a state of personal, at least predial ser-
vitude, attached to the spil and the property of its
owners, as the inhabitants of the rest of stripe,
even of England, were some centuries ago. The
just and humane, but also the truly wise policy of
the present Emperor, with the full concurrence of
his most enlightened and best infonned councillors,
has of late taken the direction of preparing the con 7
plete emancipation of the serfs by safe and well-
devised steps. The obstacles interposed by the
ignorance and unreflecting prejudices of some
among the upper classes of landowners greatly in-
crease the merit of the Sovereign, while they add
to his difficulties ; and the alarm which false views
of their own interest have made them industriously
raise, whether really felt by them or not, render::
it a matter of doubt if we should dwell upon the
subject in this country, lest our satisfaction may be
ascribed to our prepossession in fo.vouf of what.
ever proceeds from, and supports, constitutional
government, the object of our warm and just affec-
tions. The danger of popular movement, anti-
Jacobin clamour, cry of French principles, and
other topics to which were accustomed rather than
reconciled during the Revolution, and which for a
season destroyed some invaluable measures of im-
provement, and postponed so many more, might be
the consequence in Russia of our gratification de•
dared at popular meetings, as if we took part with
the peasant against his lord. This apprehension I own
it was that made me most reluctantly abstain, at the
late Social Science Congress, from giving expression
to my feelings of admiration and gratitude for
the wise and generous conduct of the Russian Em-
peror and his able councillors. But what I now
write will only have the limited circulation of a
professional journal, and be confined to the perusal
of professional men. On the mode and manner of
making this great change I shall of course not now
dwell, further than to express my earnest hope
that the errors which either accompanied or soon
after followed our colonial emancipation may be
avoided, and that the gross inconsistency may not
be committed of making great sacrifices for the
compensation. of the landowners, and then both
greatly injuring them and their peasantry, by ex-
posing them to the competition of foreign produce
raised in more advantageous circumstances, as we
let in the produce of foreign colonies, the fruits of
the slave trade, which we do our utmost to sup-
press, and thus at once encourage that execrable
traffic, and injure our own planters and their liber-
ated slaves. Nor is this the only great improve-
ment which now engages the Russian Government.
Important amendments of the judicial system, and
considerable facilities to the press, are understood
to be more than contemplated.
" I have mentioned the late congress at Liver-
pool, and I perceive no small number of mistakes
committed as to its objects, and especially its ten-
dency. Thus, some represent its labours as only
calculated to obtain information, and diffuse this
generally--a very useful thing, no doubt, and of
importance proportioned to that of the subjects of
inquiry, the great interests of the community in
jurisprudence, in education, in the health of the
people, and in their morals. But the propounding
of opinions, and the discussion of them, is also part
of the association's duties ; and, I must add, which
removes another error respecting it, that there never
will be the least scruple about obtaining the opi-
nions and ascertaining the inclinations of large
bodies, with the express view of affording help to the
Government and the Legislature—help which can-
' not so well be given in any other way. Take an
example from what has occurred, both in the last
assembly and in the first at Birmingham. The
whole of the Bankrupt Law was fully discussed,
with all the plans proposed, whether by the
Government or by individuals, for its improvement.
Not only was a considerable body of information
collected, bet resolutions passed, for the most part
,with unanimous approval, embodying the opinions
of those who joined in the discussion. And who
were they ? Delegates from the Chambers of Com-
merce, and other mercantile bodies in all parts of
the kingdom. They for whom the law is made
have the best right to decide upon its operation ;
and their decision is without appeal if they declare
that they suffer under it. They have an equal right
to propose the remedy, though here it by no means
follows that their proposal must be adopted • it
deserves, however, careful and respectful conside-
ration. Who can doubt that the greatest benefit
must accrue to the country from the aid thus giv©n
to the Government p Parliament may hear the
complaints of different places through their repre-
sentatives ; petitions may contain important infor-
mation and suggestion ; but all this must needs be
partial. The statements of opinion are of necessity
insulated, and arise out of little discussion ; whereas
a congress of those who represent the feelings and
the opinions of all the great trading bodies must
have a salutary influence upon the Legislature, both
because they have the amplest means of information,
and because their judgment is wholly unbiassed by
party differences. Let me now advert to the mea-
sures of last session bearing upon the amendment
of the law.

"It is certainly a mistake to suppose that
nothing was done ; though the change of Ministry
cut short some very promising measures, and gave
a degree of despondency, I hope and trust ground-
less, to the friends of law amendment; at least
there can be no ground for despair. The Attorney-
General is a tried and effitient ally ; he has already
done something, even during the late session,
though he has unhappily been prevented from ac-
complishing more—a remark which be applied
also to the Irish Chancellor by all who read his
most able and enlightened address delivered at our
late congress. I must observe, too, that some of
the amendments carried are much more important
than at first sight they appear to be, because they