The Sun.
London, England, 1858-10-12 00:00:00

derate compass. Nor will any one deny that the first
step to such a result should be the compilation of
our existing statutes, subject by subject, with-
out material alteration. But what I maintain is,
that the mere enactment of such a compilation, un-
less Parliament were determined to go iurther,—to
repeal what is obsolete, to supply whaL is defective,
to condense what is spersed, and to place in lucid
order what is obscure and confused—would be of
little advantage. So far most men will agree with
me. Then, to explain my meaning more fully, I
will refer to what has been done almost in our own
day in two foreign countries. At the beginning of
this century the First Consul of France had attained
the fame of a great military commander. In his
wonderful Italian campaign he had defeated the
most experienced Generals of Austria. He had
recently seized the reins of power, which had fallen
from the feeble hands of his predecessors. He had
subdued and tamed the remnants of the Jacobin
faction, which was still thirsting for blood. He had
opened the ports of France to the partisans of the
ancient monarchy, who were still panting for a re-
storation. It was his aim to restore peace to society,
to give to: religion her altars, to replace justice in her
sanctuary. In the midst of these labours he deter-
mined to 'bestow on France a simple and enlightened
code of laws. For this purpose he assembled a coun-
cil in which the learned civilians of the days of
Louis XVI. sat by the side of the able lawyers of
the regicide convention. There, after his morning's
inspection of his troops, he would sit from 12 o'clock
at noon till 5 in the afternoon, never inattentive,
never weary, marking out clearly, without passion
and without prejudice, the best foundations on
which property, marriage, commerce—in short, all
the complicated relations of life and the security of
life itself were thereafter to repose. In discussion
the opinion of the ablest civilian and not that of
the military dictator generally prevailed. When
the work had beeii for some time proceeded with it
was sent to all the legal tribunals of France, with a
request that any remarks which the judges might
have to make should be transmitted to Paris. Thus
debated, discussed, draughted, corrected, augmented,
and revised, the Code Napoleon in its different por-
tions was published, at intervals extending over
seven years, as the law of France. And now, what
is the result ? The splendid victories of Napoleon,
the rush of armies, the roar of cannon, the masterly
decision, the instant obedience have passed away.
The pride of empire, the kings waiting in the ante-
chamber, the sway of a mighty will from Rome to
Hamburg, from the Manzauares to the Elbe, has
vanished as the baseless fabric of a vision. But the
transactions between man and man, the trial of the
offender, the adjudication of property throughout
the French empire, are still regulated, and probably
will long be regulated, by the statutes of the im-
mortal legislator. Let us take a more recent ex-
ample. Not many years ago the State of New
York determined to revise their laws. In 1827 the
revisers, John Duer, B. F. Butler, and John C.
Spencer, made their report to the Legislature. In
a note to each section which they proposed for
enactment they stated fully and clearly the than
existing defects of ,the law, and the manner in
which, in their opinion, the proposed section would
remedy such defects. Thus the Legislature had
clearly before them-1. The existing law ;2. Its
presumed defects ; 3. The Proposed remedy. The
result was so , satisfactory that, in special
sessions summoned for that purpose, the
Legislature of the State. of New York, .adopt-
ing most cases the opinions—of the revisers,
consolidated their code of laws. The laws of Loui-
siana have been revised in a similar manner, with
the assistance of men of the highest reputation for
knowledge and ability. If we now proceed to con-
sider what has been done in this country, we shall
find from the days of Lord Chancellor Bacon to
those of Lord Chancellor Chelmsford the revision
and consolidation of the law has been a consumma-
tion devoutly to be wished. Five years ago the
enactment of a code was held out to our expecta-
tions ; each year we were said to be at the beginning
of the beginning ; three Administrations and four
sessions of Parliament have promised, undertaken,
and dropped the work. Is it nottime that we should
set about . the task -in earnest ? I will venture to
say, that if four or five persons of competent quali-
fications were appointed as commissioners, they
would, in a few months, make an actual commence-
ment, and in a few years present to Parliament a
complete code, worthy of the country, simplifying
and improving our laws, on principles fit to be
adopted in an enlightened age, and founded on the
solid masonry of our ancient legislatidn. Nor can I
doubt that such 'a work would be sanctioned by
Parliament ; not indeed without debate, but with-
out serious delay. lam now about to speak of two
subjects, as examples of what I should wish to see ;
one the amendment of the law of real property, the
other the revision of the criminal law. Our law of
real property is involved in a maze of technical
difficulties. It has been truly said to be the most
abstruse branch of English jurisprudence. Of the
Code Napoleon, on the other hand, it has been said,
" In the civil law the regulations concerning the
enjoyment, alienation, and transmission or real
estate, comparatively speaking, are neither nume-
rous nor difficult to be understood, and in the Code
Napoleon they form a very small and perfectly in-
telligible portion of that immortal work. It is not
extravagant to say that the French law of real
estate may be sufficiently understood by a few days
of diligent -study." The revisers of the State of
New York have laboured to introduce simplicity
into their amended law of real property. They
have with this proposed that no disposition of real
property :should extend beyond the lives of two
persons living at the time of the creation of the
estate, who should live to attain their majority.
This provision now forms part of the law of New
York. j- lam not saying we should adopt this pro-
vision ; it may act harshly in some instances—it
may sweep too widely in others. Lord St. Leonards,
however, whose " Handy Book Of Real Property"
is a boon to the whole community, has expressed
his opinion that a young society ought not to be
entangled in the complications of our law of real
property. t But if so, why, should an old society not
make an effort to be free from them ? I recommend
this important subject to the special consideration
of the department of jurisprudence. I proceed to
our criminal law. Our judicial statistics, it is well
known, are very incomplete. Indeed, we have
hitherto had no information of any value giving the
results of the proceedings of our civil courts. With
regard to criminal trials and their results we have,
indeed, valuable annual returns drawn up by a very
intelligent officer attached to the Home Depart-
ment—l mean Mr. S. Redgrave. From the returns
presented to Parliament I am about to quote the
results of the trials which have taken place on se-
veral subjects of criminal jurisdiction. Those are
the offences of-1, shooting at, stabbing, or wound-
ing; 2, robbery ; 3, burglary ; 4, housebreaking ; 5,
larceny in 'a dwelling-house; 6, forgery, and utter-
ing forged instruments. The returns show the num-
bers convicted, sentenced to death, and executed
for these offences in one year in every 10 from 1817
to 1857, or in other words, the changes which have
taken place in 40 years. I give you the results :-
1817, 911 convicted, 911 sentenced to death, and 78
executed ; 1827, 1,113 convicted, 1,113 sentenced to
death, and 41 executed ; 1837, 1,061 convicted, 405
sentenced to death, and none executed; 1847, 1,498
18 sentenced to death, and none executed; 1857,
2,057 convicted, 21 sentenc'd to death, and none
executed. The population of Great Britain has in-
creased, from 1811 to 1851, in round numbers, from
12,000,000 to 21,000,000 ' • and in England and
Wales from 10,000,000 to 18,000,000. You will per-
ceive that convictions have increased in a greater
proportion. Upon examining these returns more in
detail there is a further result—namely, a great
increase in the crimes accompanied with personal
violence. Thus the number convicted of shooting
at, stabbing, or wounding haS increased between
1817 and 1857 from 26 to 238, and of robbery from
154 to 378 ; while larceny in a dwelling-house has
only increased from 143 to 246. Burglary has in-
creased from 374 to 473 ; housebreaking from 152
to 568 ; forgery, &c., from 62 to 184. It would
be very desirable to have more complete informa-
tion on these several heads. It is very important
to ascertain whether the repeal of capital punish-
ment has led to greater readiness to prosecute on
the part of the injured, and greater readiness to
convict on the part of the juries, and, lastly, whe-
ther, and to what extent, crime has really increased.
Some information on these heads is, no doubt, to be
gathered from the criminal returns, but much more
remains behind which is not ascertained. There is
one conclusion, however, to which I think we must
all come. If high treason and murder are to be the
only offences for which capital execution is in future
to take
.place, those crimes alone should have capi-
tal punishment affixed to them by law. The sen-
tence of death ought no longer to be a vain form,
somewhat lightening the penalty actually inflicted