The Sun.
London, England, 1850-07-13 00:00:00

Oinninit int•

LONDON, SATURDAY, JULY 13, 1850.

In the Ifouce of Lords last night the County
Courts Extension Bill was, on the motion of Lord
13aouciriam, referred to a Select Committee. Under
ordinary circumstances, we should have considered
such a course fatal to the measure during the present
asssion—that it was, in fact, intended to get rid of a
Bill respecting which intense interest is felt by the
industrious classes throughout the entire country,
without incurring the obloquy of a direct rejection of
is salutary provisions; but from what fell from the
Noble and Darned Lord, who has rendered more
valuable assistance to the cause of legal reform, than
any man of the age, we are satisfied that there is
and the' the object of the
no real danger to the Bill,
proposed inquiry is really
.and truly what it pro.
few' to be—an anzim desire to node: a 11114ect of

the deepest and most vital importance to the national
prosperity as perfect as it can possibly be, and to re-
move the dangers that may arise from
any crude or hasty legislation. Nothing
could be more distinct or explicit than
what fell from the Noble and Learned Lord on
the occasion. He expressly declared that "he did
not propose this Committee with the slightest inten-
tion of delaying the measure, for if he found that
there was any intention of the kind he would at once
move that the Chairman report progress. And he
gave this notice to whoever might intend to vote for
delay in the Select Committee, that he would be the
first to meet that attempt at delay, by moving that
the Chairman report progress, and then let the House
deal with the Bill in the best way it could." After such
a statement every possible doubt as to the motives of
the Noble and Learned Lord must be completely re-
moved, who has thug, to use his own words, afforded
the strongest possible " guarantee to the public that
the measure would not be delayed longer than was ab-
solutely necessary to its efficiency."
Three important alterations were suggested by the
Noble Lord in the provisions of the Bill, as sane•
tioned by the representative branch of the Legisla-
ture. These alterations, which he had previously
given notice of moving as amendments to the Bill in
Committee, were similar to the provisions which he
had brought forward in 1833 :—First, to give parties
the option of going either before the superior or the
county courts in cases where the amount was be-
tween 201. and 501.; secondly, to give powers of ap-
peal on points of law ; and thirdly, to create in
certain cases a concurrent jurisdiction.

With respect to the first point, if both parties
should agree in having their differences adjudicated
upon by the higher tribunal, it is exceedingly desirable
that they should be at liberty to do so, and
that not only where the sum in dispute exceeded
201., but in all cases whatsoever. Questions of vast
importance, where the real point at issue may
amount to many thousands of pounds sterling, may
nominally be for the recovery of only a few shillings.
Ttousands of similar cases may depend on the result
of the first decision, and it would be manifestly unjust
to compel the parties to abide by the decision of the
county court judge, unaided by the arguments of
competent and well-qualified barristers, and with the
risk of conflicting judgments, a contingency which,
to say the least of it, would be by no means improbable.
If, however, the plaintiff in the suit were allowed
the option, at his own mere will and pleasure, and
without assigning any satisfactory reasons for the
selection he might make, it would completely do
away with the efficacy of the Bill, and render it
practically worse than useless—an instrument of op-
pression and persecution, in place of a mode of
cheap and expeditious justice
We have already fully explained our views with
respect to the proposed " right of appeal." The country
requires " cheap law," but not " bad law." In strongly
contssted cases neither party will be satisfied with
the decision of the county court judge. He will
believe" that if he had the power of appealing to a
superior tribunal the result would be very different,
and he will thus become discon•ented and dissatisfied
with the state of the law under which what he, at
least, believed to be deep injustice had been perpe-
trated. Such an opinion is very dangerous, and
shou'al by no means be encouraged, and every
reasonable precaution should be taken to prevent
• the possibility of its being formed. Care
should, of course, be taken to prevent the
privilege from being strained from its legitimate ob-
ject, by being resorted to merely for the sake of delay
and annoyance to the creditor. But this danger
would he completely removed either by giving the
right solely on condition of the full amount of debt
and costs being lodged in court, or at least being
amply secured in the event of the original judgment
being affirmed; or by granting the appeal only by
leave of the Court, and on such conditions as the
judge should determine.
This privilege, so far from deteriorating the
character of the inferior tribunals, would, in fact,
afford the best guarantee for their efficiency. Al-
though there might not be a single appeal out of
each hundred cases, the very knowledge that such
was practicable would induce the judge to bestow
full care and mature consideration upon every deci-
sion. He would avoid anything approximating to a
crude, or hasty, or petulant judgment, when as.iured
that it might be reviewed in Westminster Hall and in
the presence of his professional brethren. Every indis-
cretion would be carefully avoided, and the character of
the courts would be materially raised as well from the
additional pains bestowed by the judges as that it
would prevent the pssibility of any unfair or un-
warranted imputations being cast upon these learned
gentlemen by dissatisfied litigants. And, surely,
when a power of appeal is given from the most
eminent members of the judicial bench, it cannot be
considered an indignity to the inferior judges if
their decisions should be subjected to a similar
scrutiny.
As to the concurrent jurisdiction, we confess that we
have grave doubts of its propriety, and we fear that it
would prove destructive to the salutary effects of the
measure. If the plaintiff, or rather the plaintiff's
attorney, should be enabled to select the scene of
the litigation, he would still resort to the superior
courts for the purpose of swelling the costs, or com-
pelling the defendant to submit to extortionate de-
mands from a reasonable dread of the expense of re-
sisting them. Besides, the power of appeal, within
judicious limits, would completely remove any neces-
sity for such a concurrent jurisdiction.

What motive except an undue and exaggerated
fear of the power of the Pharisees should prevent Lord
JOHN RttseLt. from at once res•oring to us our Post-
office delivery on Sunday it is hard to imagine. The
answer of the Noble Lord last evening to the ques-
tion put to him by Mr. SPOONER proves that the
proposed inquiry need not stand in the way of the
immediate restoration of the regime of common sense
in respect to this matter. It appears, from the re-
port of the proceedings in the House of Commons
last evening, that Mr. SPOONER asked the Noble Lord
at the head of the Government whether it was the
intention of her Maaesrfs Government to lay be-
tore Parliament the report of the Commissioners ap•
pointed to inquire into the working of the Post-office
regulations respecting Sunday labour, together
with the evidence taken before those Commis-
sioners ; also, whether permission would be
given to any parties who might require
it, to produce evidence before such Commissioners ;
to which Lord Joss Russia', replied " that he had no
objection that the report of the gentlemen appointed
to inquire into this subject should be laid on the
table of the House as soon as it was made. He did
not know that it would be necessary for the Commit-
tee to take any evidence further than that of a docu-
mentary-charicter. He did not see anything in the
address of that House which required that fresh evi
deuce should be taken, and he did not propose that the
Committee should receive evidence."
If the Commissioners are not to receive evidence,
where can be the necessity for the delay
reply of which the
s
y and to
e one
ver
Marquis of CLANRICARDE talked
in
of the deputations which waited on him during the
course of the week ? The documents are,
have been, in the possession of the Government ; with
their contents the Marquis of CLrubait wellcsn
that
dLord JOHN RUSSELL are no
ac-
quainted, and they are just as competent to
decide the question as the Commissioners ; all
is %anted is a little pressure, and we again urge
upon any Individual who feels himself aggrieved to
make known his grievance by letter to the Prime
Minister. Let us once set the voting power in motion,
and we shall find no greater difficulty in preventing
the Minister from giving effect to the mad schemes of
the Sabbatarians than we did, two years since, in pre-
venting him from increasing the income. tax. Every
day brings additional proof of the inconvience
inflicted on individuals and the public by this most
mischievously absurd attempt to stop all social inter-
course by letter on Sunday ; not cnly does it torture
the best affections by its cruel interference in pre-
venting tee communication between parents and
children, not only does it tend to the ruin of the mer-
chant and trad •sman by obstructing his communications
with his banker or his agent, but it absolutely stops
the progress of legislation. In the course of the dis-
cussion on the County Courts Bill, in the House of
Peers last evening, Lord BROUGHAM stated, as a
reason for postponing the progress of the measure,
that "a Noble and ',turned 1` rind of his (Lord Darc7-*

MAN) was still unable, from the bad state of his health,
to resume his attendance ; but he (Lord Brougham)
was in communication with him, and only for the
Post-office regulation—(Laughter)—by which there
would be a day's delay, he would receive from him a
full statement of his doubts and the amendments he
proposed, on Monday, but on Tuesday he would re-
ceive that statement." -We trust that these
accumulating evidences of the mischievous nature of
the alterations introduced in compliance with the
crotchets of the Judaiziug Sabbatarians will produce
their effect on the Government, and that to-morrow
will be the last Sunday of which the " bitter" ob-
2ervance will be enforced.

It is noble in an individual to devote his time, his
talents, and his purse to the service of mankind ; it
is no less noble in those who have marked his long
and disinterested labours to come forward and show
that he has commanded their sympathies and their
admiration, and to put him in possession of some tes-
timonial that shall transmit to future generations the
knowledge of the Pict that the public benefactor was
not forgotten. It ha. 4 been our happiness to be called
to witness both these gratifying s,pectacles. For fifteen
years a gentleman, whose professional acquirements, if
directed solely to the advancement of his own benefit,
would have secured him by this time a high
position and an ample income, has gene-
rously consecrated his powers to the work
of exposing and removing a disgraceful and
demoralising nuisance—that of annually putting be-
neath a thin surface of already poisoned earth tens of
thousands of dead bodies, to diffuse in the process of
corruption a pestilential miasma to be inspired by
the busy millions of this great city. The toils—for
years unnoticed—and which when first observed were
met with the stern opposition of those who, deeming
their craft in danger, ceased not to denounce the in-
termeddler in their unholy pursuits, and to cry out
Great is Diana of the Ephesians "—these toils, we
say, at length awoke a slumbering city to its danger,
and at last compelled a reluctant Government to at-
tend to what should ever be its first duty—the care of
the public health. Our readers will before this have syl-
tabled the name we are about to write, that of GEORGE
ALFRED WALKER. The recent legislation on the subject
of burial in towns has directed all eyes to the merito-
rious pioneer in this cause of sanitary reform ; and
our paper of Thursday shows that the apostle of
purity, of decency, and of morality, will in due time
receive in some substantial form a suitable memorial
of the admiration and gratitude he has so richly me-
rited. We cordially join in the proposed testimonial,
and can sincerely say, Palmam qui meruit ferat,

THE FRENCH REPUBLIC.

We have received the Paris journals of yesterday.
The Assembly has confirmed its resolution of in-
sisting on the publication of the name of the author of
each article which map appear in a journal.
The hatred ill-suppressed hitherto of the Legiti-
matists and parti-pretre to the Press, has at length burst
forth, and journals and journalists of all shades and opi-
nions are denounced from the tribune in language such
as the leaguers were wont to apply to the Huguenots
just previous to that massacre of St. Bartholomew's,
of which M. DE FALLOUX is the apologist, and M.
DE MONTALEMBEET the justifier. The Journal des
Debats comm:nces its premier Paris in these words :
—" We were wrong in reckoning on the intelligence
or on the equity of our Legislators become our
judges." After stating the result:of the vote on the
amendment of M. TINGUY, the Debats proceeds :
" We have heard a war-cry from the tribune against
the press, as an odious rival and enemy. What
strange preoccupation what strange blindness
of parliamentary self-love and vanity !" This
war-cry was raised by M. DE LehouLts,
one of the most bigotted instruments of theparti-
pretre. "We must finish with journalism," ex-
claimed this worthy representative of the ignorant old
❑obles•e, " we must destroy journaliism as we have
destroyed the barricades." Thus, says the Debats, the
work attempted two 3 ears since by N. LEDRU ItoLLIN
and M. PascAL DUPRAT is accomplished by the
party of order
It is almost amusing to hear the maniacal cries-of
these descendants of the old French aristocracy for
the destruction of every person and of every thing
that they dislike or fear—it would really seem as if they
were anxious to furnish an expost facto 'justification of
the conduct of ROBESPIERRE, who defended the reign
of terror as an act of selt-defence, because the nobles,
unless exterminated, would extirminate everybody
else.

The Legitimatists are opposed to any prorogation
of the Assembly, fearing a coup d'etat on the part of
the PRE•IDEIN T.

Tne Assembly has voted a law declaring the island
of Guadaloupe in a state of siege.

Letters from Toulon of the Bth inst. state that the
steam corvette Solon suddenly left that port on the
6ch with pressing dispatches for the Vice-Admiral
commanding the Mediterranean squadron. It was
reported that the English >quadron of evolution was
expected off Cuba, where the Spaniards were concen-
trating the whole of their navy.
The committee appointed to examine the Orleans
and Bordeaux and the Tours and Nantes Railroad
Bill met on Thursday. Some of the committee
voted in favour of a lease of 99 years, but the ma
jority decided for 50 years, as fixed by the Moister
of Public Works. M. Ducos was appointed reporter.
YARD, BOURSE, JULY 12.—Latest Prices.—Five
per Cents., 95f. 45c. ; Three per Cents., 57f. 40c.;
Bank Actions, 2,260 f.
BUSINESS DUNE IN FOREIGN RAILWAYS AT THE
LoNDoN SIOCK-10(CHANGE, JULY 12.
. .

•
Boulogne and Amiens, V%—Central of France (Orleans
and Vierzon), 14— East Indian, 7.h—Orleacs and Bourdeaux,
2%—Paris and Rouen, 2 i—Tours and Nantes, 3%.

SPAIN.
Madrid journals of the i[h have been received.
Their contents are unimportant.
Te Bolsa was closed on the 7th.