The Sun.
London, England, 1866-10-05 00:00:00

Act has met with repeated discussion and postpone- may truly be said that life is lengthened, and one
ment, notwithstanding the modification adopted of object of the philosopher's stone accomplished, when
confining it, at least in the first instance, to cases of man can both travel so much more rapidly and
misdemcenour. It was the main ground of Mr. communicate with each other so much more quickly.
Bentham's charge against our law of evidence that In both respects time is saved, and life really made
we excluded the persons who know most of the facts. longer to all intents and purposes. We are now in
That grievous defect no longer exists in civil suits, Manchester, the head-quarters of the great Alliance
but in criminal cases we still shut out one party movement, and, next to Rochdale, of the co-opera-
while we hear the other party, and the evil must tive system, which, indeed, owes its continued ex-
continue while our criminal procedure remains with- istence to this place. As to the evils of intemperance,
out a public prosecutor one of the greatest defects and the important services rendered by the Alliance
in our system. The consequences of excluding the to the good cause, there can be no doubt. But,
accused party have been often shoern, and petitions whatever difficulties we may have, or affect to have,
to Parliament have strongly expressed them. A on the licensing plan and its excuse (of which ex-
person is charged with an offence when he could at cure I can speak from having in the village close
once explain all the circumstances and show his by me half a dozen public-houses, and not more
entire innocence, and that the whole prosecution is than 20 or 25 others) on one matter no dispute can
a malicious proceeding, but his mouth is shut while arise, and no doubt be entertained. One sees with
his accuser is heard. Then he has the choice either astonishment and indignation, in cases before ma-
of an action or an indictment ; of course he prefers gistrates in the country, intoxication urged in
the latter, when he will be heard and his accuser's extenuation of offences, whereas it is a gross aggra-
mouth shut. Nothing can be more absurd than vation. No magistrate is entitled to suffer one such
such a state of the law. The French course of pro- word to be uttered before him on the part of the
ceeding in this respect is carefully to be avoided, accused. Any magistrate is bound to stop the
being one of the worst parts of their very bad party or his advocate the instant he begins on this,
criminal procedure, the examination of parties ac- and to tell him that if intoxicated he must suffer a
cased by the judge at their trial, and their exposure punishment more severe, and the magistrate is
to the moral torture of this judicial examination. further bound to take it into his consideration when
But it was always proposed that with us the ex- the prosecutor has stated it in explaining the cir-
amination of the person accused should only be cumstances of the case. It is undeniable that a
taken upon his voluntarily tendering himself, and most wholesome effect would be produced by the
being willing and desirous to undergo the sifting of general impression being made that drunkenness,
a cross-examination. It must be added that each though by law it may be not liable to punishment,
renewal of this proposition has shown a considerably. except by small pecuniary penalty, yet makes
increased inclination towards its adoption, more offences to which it has given rise more severely
especially on the modification suggested of confining punishable. The progress of co-operation has been
it for the present to cases of misdemeanour. The most satisfactory. In 1862 332 societies did a busi-
great amendment to the law of evidence by this Act ness of £2,331,650. In 1865 403 societies did a
for examining parties would thus be rendered corn- business of £3,373,847. Whereas, in 1857, there
plete, if also extended to cases in the Divorce Court. was only a business of £165,770. The lecturing esta-
Of the many deficiencies of the late Ses- blished by Mr. Pitman has had a great effect in giv-
sion one was the not passing an act to amend the ing this great increase. It must further be stated
optional clause in the County Courts Act. The that the great body of traders have joined in giving
importance of the jurisdiction of these courts has those under them the incalculable benefitsof reduced
long been admitted even by those who were at first hours of work. In all the great towns, as well as
averse to them. The number of suits which they London, the half-time rule seems established on
determined is prodigious, and so far they are a relief Saturdays, to the great benefit of the men, both
to the superior courts, and a most valuable benefit physically and morally. Co-operation, with its mighty
to the suitors. The numbers have increased since benefit, is due to the people, and not to the Govern-
their foundation. In 1863 they had increased since ment or the Legislature. So are the institutions
1855 in the proportion of three to two, the number foanded and conducted by private individuals,
of plaints being above 800,000 for above £2,000,000. though licensed by Government, for the refuge of
The last return makes the number of plaints for female convicts, affording astage between the prison
1865 noless than 782,849,and for sums of £1,847,000. restraints and the return to free intercourse with the
Now the optional clause is so framed as to require world. It may be hoped that the one established at
the previous consent of both parties ; and as the one Hammersmith will succeed. The Carlisle Refuge
would refuse what the other proposed merely be- in Ireland, after which it was founded, has un-
cause he proposed it, the clause has had very little, doubtedly flourished. That great philanthropist,
if any, effect in extending the jurisdiction to other our much respected colleague, Commissioner Hill, is
cases in kind and in amount ; whereas, if the suitor I highly satisfied with the proceedings under Lady G.
could begin for a larger amount and for other objects, Fullarton for the Roman Catholics, and for the
it is certain that the great facilities afforded by the Protestants under Miss Twining. The formation
local courts wouldinduce the defendant to acquiesce, I of a society for the improvement of the infirmaries
and a very material increase is thus withheld from I of London workhouses has had important come-
that most valuable jurisdiction by the delay to make quences. The papers read at more than one of our
this obviousimprovemeut. Butlamentably unfruitful Congresses by Misses Twining, Cobbe, Elliot, and
of measures as the last session has been, the Cora- others, led to this society, and its recommendations
mons have issued important commissions for inquiry have been received with great kindness, both by Mr.
into the scanda'ous scenes of corruption which too G. Hardy and his predecessor in office ; so that the
many of the late elections have displayed, and, with. matter will be brought before Parliament, and must
out entering into the details, we are bound on the lead to the removal of the abuses so justly complained
mass of evidence collected to conclude that in seve- of. If so great have been the disappointments at
ral considerable boroughs the grossest bribery has home, have we anything to console us when we
prevailed, and the inquiry, it is to be feared, has not turn our eyes abroad ? The accounts are so con-
been withoutr evidence showing the fact of fla- flitting that we connot pronounce anything with
grant perjury. It is quite clear that in some places certainty on the State of the continent, as to what
the right of voting is considered almost only of value may be the distribution of dominion or the contiuu-,
as the means of obtaining money for votes. No ques- ante of peace. Let us, however, hope that the error
tion can be raised, although we see this attempted, as will not be committed of giving a preference to one,
to the gross criminality of the parties, both the can- even the best, especially to Hungary. The great
didates and their agents and the voters ; nor is there body of the Germans must be considered, and the
the least common sense' in the allegation that the , weight of Austria, both by land and sea, must
voters cannot be made to regard selling a trust— never be forgotten, and the united powers of
which a vote is—for money as criminal. They must Germany in all its departments be fully recog-
be made to regard it as such by the infliction of severe nised. On the whole, there can be no doubt that the
punishment ; and the candidates and their agents cause of progress is in a hopeful condition. There
must also be punished. It is certain that bribery can ! is a general tendency towards free institutions ; and
only be stopped bysending those who give and those I the States of Germany are in confident expectation
who receive bribes to the treadmill, like other of- of legislation more or less within the direct influence
fenders. The desire of having a seat in Parliament of the people.. It should seem that the Protestant
is strong enough to make men despise all pecuniary interest has gained considerably, and certainly against
penalties, but it is not so strong as to make them the great evils of Austria's defeats must be set their
run the imminent risk of the treadmill ; and this fear, unquestionable tendency to lessen the Papal power,
though much less effectually, will also tend to deter I and to hasten the departure, f the French from
the voter. So it was when in 1811 my act making Rome, as well as their securing the liberation of
theslave trade punishable as felony extinguished that Venice, at which all our friends must rejoice on ac-
execrable crime, which all pecuniary penalties and count of the Venetians, and by no means because
the loss of ship and cargo had not effected, for as the kingdom of Italy had the least right to obtain
the gains of one adventure covered the other losses, i this extension of its territories. In France there is
the traders willingly ran the risk ; but men would so strong an opposition to the Imperial Government,
not risk their condemnation as felons. I well remem- and so general a desire of material prosperity, that
her the year after at the Liverpool election I was there seems good ground for a belief in greater
strenuously opposed by slave traders, of whom I had freedom of discussion being given to public bodies,
said that when this abominable traffic was ended and even in some relaxation of the laws respecting
they could turn their hand to highway robbery. If the press also. This, too, is unquestionable, that
the Commons are really in earnest and wish to de- great sacrifices have been made, somewhat unex-
stroy bribery, as we must suppose they do, their pectedly, for the termination of hostilities, that the
course is clear, and we cannot therefore doubt that Emperor's conduct to prevent their continuance has
they will pursue it. Nothing can be more-satisfac- I been, highly meritorious, and that at length a general
tory than the working of the act passed under the peace is concluded. Yes ! peace is restored on the
sanction of Lord Carnarvon's committee, and the Continent, and all friends of social science must re-
continued triumph of the Irish, or Sir Walter Crof- joice. Its conditions and the arrangements left
ton's system in this country. To the late improve- by the war are of great importance notwithstand-
meats in our county and borough gaols it is reason- ing ; and I cannot help reflecting on the state-
able to attribute the greater part, if not the whole, of ment which I made more than once in Parliament,
the diminution of crime duringthe last half-year. that if bystanders see more of the game than those
The employment of Sir W.
office in carr Crofton by the Home- who play it, as the common saying purports, there
carrying the act into operation has been is a bystander now who, besides seeing the game,
most beneficial. The result of this act should encou- will most probably have some claims to profit by the
rage the Legislature to pass other useful laws. But, result, whichever party gained ; and so it has turned
grievous as have been the failures of measures or out that the claims have been made, but most
their postponement, there is one partial excuse for properly they have not been insisted upon. Whether
Parliament, atleastfor the Commons, in the amount the peace concluded is to be durable, or only a
of private bill business, and the exhausting and har- truce, remains to be seen. But whatsoever doubt
rassing effect of this upon the members, and that may hang over the future, on the grievous aspect
there is a most substantial measure to relieve of the past there can be none. In the middle
them need hardly be again stated. With . re- of the nineteenth century a wide-spreading war
gard to that plan, of which Ido not claim nearly has raged, and tens of thousands have perished or
the whole merit, but, dividing it with my illustrious I been consigned to a life of wretchedness by their
friend the great Duke, it ought ever to be recorded
.wounds; and all this has been made to secure an
in his praise as a signal proof that with all his known extension of dominion or increase of affluence. The
aversion to rash changes in our institutions, yet warsof the first Napoleon were hardly more costly of
when there was an admitted evil and a reasonabl
safe remedy no one was more ready to adopt it anddo re
r hised in lustc
lo closing Igf cothne-
quest blood,
byan d
the y et
serviceshe w a sheex
hadc use dr e
nf
even to urge it upon Parliament. When the ques- anarchy of the revolution—an excuse which belongs
tion was of the new Standing Orders for the House not to the authors of the late hostilities. Yet, is it
of Lords, and they. were referred to a committee, any real excuse for Napoleon ? and how much is his
" Why not try our great plan," said he, and on my nephew to be preferred for his love of peace, and for
answering that we never could carry it, "We can feeling but be defeated," he replied, by his actual presence and expressing his
treat upon your leas e " and then we can re- deep sense of all the horrors of war ? Although the
effectual orders." the great glory of war lends its horrible atrocities a false
plan was that which we had devised together, and glare which deceives us as to its blood-guiltiness, in
in which the joint committee of both houses to ex- what does the crime of Napoleon, when he sacri-
amine the whole bill was to report, but only to be ficed thousands of lives to his lust of foreign con-
quest, differ from that of Robespierre, when he
conclusiveon tie facts, having not only examined
the whole, but acted with the assistance of a judicial sought domestic power by slaying hundreds of his
chairman. In considering the composition of the fellow citizens? In one particular there is more
committee the Duke had at first been for an equality atrocity in the crimes of the latter ; they were per-
in the numbers of the two houses, but he ended by petrated under the name and form of justice, whose
considering that there should be a majority of the sanctity they cruelly profaned ; but, on the other
Commons, so little did he suffer his prejudices to hand, far more blood was spilled, far more wide-
is now no conceivable reason why spreading and lengthened misery occasioned to un-
this
interfere.
not be adopted ; and it would be offending provinces by the invasions of Spain, and
improvement, not onlyin saving Switzerland, and Germany, and Russia, than by all
plan
shouldl'he re
the greatest possible
time and labour to the members of the two houses, the acts of the Commtttee, the Convention, and the
but in reducing incalculably the expenseseif parties Revolutionary Tribunal. Nor will mankind ever be
in the evidence free from the scourge of war until they learn to call
and lessening the risks of perjury
adduced. But the friends of social science have things by their proper names, to give crimes the
reason to congratulate the public on the great achieve- same epithets, whatever outward form they may
ment of the conductors of the Atlantic cable. They assume, and to regard with equal abhorrence the
have—beyond the hopes of all, and against the conqueror who slakes his thirst of dominion with
prejudices of many—finally succeeded, after the the blood of his fellow creatures, and the more vul-
failure of last year, in this extraordinary and most gar criminal, who is executed for taking the life of
important undertaking. The Atlantic no longer a wayfaring man that he may seize upon his purse.
offers an obstacle to direct and instantaneous coon- We hesitate not to-shed the blood of the common
munication with the 'Western world, and in a few felon, and even those most averse to capital punish-
hours accounts can come from New York to Londen /Ilea make an exception against the murderer.
and Paris. A most fit occasion was taken by our Thus there is 110 difficulty in prosecuting mur-
Sovereign to
congratulate the American President derers, and the juries convict, who in cases of theft
on this noble achievement of British art facilitating or embezzlement, or even forgery, would hesitate.
the intercourse of the two
Continents,
and to express in dignified terms, the sense justlytial committal. Then
entertained of to commit it, and of par 7
Such is theuniveral horror of murder, or of attempts
his conduct to those wretched agitators who h
great use of
tempted to disturb the peace in Canada and ianveat- of thousands, some with tolerance, and some even
land. It must be observed that the Ire-
•
why do the same parties regard the slaughter of tens
steam in facilitating not only communication of per- with approval ?
" One to destroy is murder by the law,
And gibbets keep the lifted hand in awe ;
sons and papers, but intelligence, has largely and To murder thousands takes a specious name,
usefully altered the human condition. Every opera-
Young, Universal Passion, Sect. vii.
tion of peace and of war is affected by it ; and it War's glorious art, and gives immortal fame."
Such is the result of war, and, while men will fight