The Sun.
London, England, 1857-02-11 00:00:00

from the bills of the Attorney-General, Sir F.
KELLY, and Mr. COLLIER, and therefore pro-
ioked the just animadversion of Lords LYND-
HURST, CAMPBELL, and BROUGHAM, who pointed
out clearly and distinctly some of the manifold ob-

lections to the measure in its present form.

[t possesses, in fact, but one redeeming
feature, being the total and immediate abolition of
that " aged vice and grey iniquity," the Preroga-
tive Court, which will be entirely got rid of with-
out a single vestige remaining of its existence.

As to the New Court, it will be neither more
nor less than a branch of the Court of Chancery,
with all its notorious evils. We fully concur
with Lord CRA.NWORTH in the reasons' which
induced him to abstain from placing Sit
JOHN DODSON at the head of the Court.

It is not, of course from any doubt
as to the high qualifications of that eminent civi-

Tian, for whom we entertain a high respect. But
had he been appointed judge, it would have been
merely the resuscitation of the obnoxious tribunal
ender another name. The appointment of a
Vice-Chancellor, however, will be virtually a
transfer to the Court of Chancery of the
entire proceedings. As Lord LYNDHURST
truly declared, the new tribunal will be,
in all but its designation, an adjunct
of the Court of Chancery, its practice and adminis-
tration will be the same as that which has elicited
the remark that no sane man would add to the
jurisdiction of that Court. This is chiefly for the
sake of effecting a paltry saving of some 5,6001.,
a point which even the most enthusiastic advocate
for economy and retrenchment would consider of
the most trivial importance in such matters.
The Noble Lord proposes that all testimony
respecting disputed facts shall be viva voce—an
additional reason, we submit, why a Vice-Chan-
cellor who is not accustomed to that mode cf
eliciting truth will be completely at fault. Having
no experience to guide him as to the mode in
which the witness may give his testimony, his
demeanour and manner may throw light on the
subject. Although as desirous as any per-
.on can possibly be for retrenchment
in every respect, we feel that in the
present instance it would be a penny-wise-and-
pound-feolish economy, that would subject the
unfortunate suitors to great practical inconve-
nience, and which might in many cases lead to a
failure of justice.
In non-contentious or common form business
his Lordship proposes that the proctors should
retain their monopoly, while in disputed
matters the business is thrown open to
the whole legal profession. We must say
that we cannot see the slightest possible
reason for this distinction. Why should exclu-
sive privileges be retained in any case ? It is for
the public benefit that they should be annihilated.
Men will naturally desire that their business should
be conducted by their own solicitor, and there can
be no reason why additional and costly assistance
should be required in cases where there is no dis-
pute, and where therefore there can be no necessity
for extraordinary skill. There might be some ap-
parent reason for requiring the intervention of a
proctor in disputed matters—there can be none
in those where Lord CRA.NWORTH insists on their
being employed. The result may be to occasion
fictitious opposition in oases where there is no
real dispute, thus enhancing the costs and unne-
cessarily consuming valuable time.
We also object, for the reasons which we have
already fully detailed, to the retention of the dio-
cesan registries, with the addition of a sufficient
number to make up thirty throughout the king-
dom. It is true that they will be restricted to
non-contentious business where the property does
. not amount to 1,5001. But, as we have proved, even
that will be objectionable, while still greater oppo-
sition may be offered to the limited jurisdiction
conferred on the County Courts.
On almost every ground, then, we regret the
views adopted by the Noble and Learned Lord,
feeling that, unless:they can be:completely altered,
there is but little hope of a satisfactory measure
receiving the legislative sanction during the pre-
sent session. We shall expect to hear stringent
comments on the Government Bill at the next
meeting of the Law Amendment Society, which is
appointed to take place on Monday next, and
which, we believe, will clearly and distinctly show
that in its present shape it is utterly inadequate to
meet the requirements, or to satisfy the reason-
able anticipations of the community.

According to the expressed declaration of the
First Lord of the Admiralty, on Monday evening,
in the House of Commons—it appears that Gc-
vernment has not yet decided whether there is or
is nct to be any further search (officially insti-
tuted) in the Arctic regions with a view to dis-
cover, if possible, either the "remains" or the
" fate" of Sir JOHN FRANKLIN'S Expedition.
Now we do really conceive that delays such as
these ought at once to be most earnestly depre-
cated. In HEAVEN'S name let Ministers decide
one way or the other! Let them either reject the
notion altogether of fitting out a new expedition,
" positively for the last time"—rather than thus
perpetuate, so to speak, their old and agonising
system of procrastination. By acting as they
have done in this matter hitherto, they have pre-
cluded Lady FRANKLIN and those who sympathise
with the hopes and wishes of that dauntless woman,
either in the United Kingdom or in the United States
—[and Lady FRANKLIN, thank GOD, can yet count
her sympathisers by thousands, we had almost
said tens of thousands, on both sides of the Atlantic]
—by delaying, as they have done, in regard to
their ulterior decision in this matter, we repeat
Ministers have effectually precluded Lady FRANK-
LIN and her sympathisers in both hemispheres
from turning their energies to the furtherance of
private schemes altogether independent of the
support and patronage of the British Govern-
ment. What did Lady FRANKLIN herself re-
mark upon this point, as far back as the 2d
of December, 1856, in writing to the Prime
Minister? She said—" The time has arrived
when I trust I may be pardoned for pressing your
Lordship, with whom I believe the question rests,
for a decision, since by further delay even my
own eff )rts may be paralysed." And here is
very nearly the middle of February, 1857, and
Sir CHARLES WOOD, on the part of the Cabinet,
announces from his place in the House of Com-
mons, that Ministers have not yet come to any
decision as t 3 the advisability of fitting out another
Expedition ! Whenever—even after all these
d lays that decision does actually arrive,
Lady FRANKLIN avows herself in its regard
(supposing it to be adverse) thus nobly and
chivalrously ! She says (still writing to the Pre-
mier)—" Should that decision unfortunately
throw upon me the responsibility and the cost of
sending out a vessel myself, I beg to assure your
L )rdship that I shall not shrink, either from that
weighty responsibility, or from the sacrifice of
my entire available fortune for the purpose,
asuuptipoiorritted iesmaglthamoseinwhmoysecoonpviincitoionussabrye
ostleh
nrehcoigrdh
in your Lordship's hands,
• " But before
and by the hearty sym-
pathy of many more." Adding
an obligation, it is my
take upon myself so heavy
bounden duty to entreat her INLAuferee Govern-;