The Sun.
London, England, 1850-06-24 00:00:00

altalt

LONDON, MONDAY, JUNE 24, 1850.

From what fell from Lord BROUGUAM in the House
of Lords on Friday evening it appears that her Ma-

USTI'S Ministers have counselled their Royal Mis-
tress to commit an act of very doubtful legality, in
truckling to the bigotted fanatics who are agitating
for the Pharisaical observance of the Sabbath, and
striving to turn that which should be a day of rest

and rejoicing to all mankind into a season of gloom
and seclusion, to be as much dreaded and disliked as
it is now eagerly desired and looked forward to by
the industrious classes. The impolicy and inexpe-
diency of the change was admitted on every side.

The enormous inconvenience that must neces.

fierily be felt
and stations

by persons of all grades
in society from the total

stoppage of all means of communication on one, or,
we should rather say, on two days in each week, was
fully understood by the Government. And yet they
wilfully and deliberately advised their SoYHUIGN to
yield a prompt and willing obedience to an address
voted by surprise, in a thin House, during a race
week, in the interval between the, Derby and Oaks.
The puritanical faction—sufficiently wise in their
generation to appreciate the opportunity afforded by the
absence of those who in the spirit of Englishmen
enjoyed the old gnglish sports and pastimes—mus-
tered in unwonted numbers. The signal went forth
that Lord ASHLEY, from whom we should have
'expected better things, was about to make
an onslaught on the Post-office authorities
for affording any convenience, however trifling, to the
public on the Sabbath. If successful in the attempt
there was no knowing to what extent they might
succeed in destroying the comforts of their fellow-
citizens, and rendering the day one of general morti-
fication. As, according to their narrow prejudices
and jaundiced views, true religion consists in a sour
countenance and ascetic disposition, they would take
care to destroy everything that could lead to innocent
mirth and harmless gaiety. " Soul destroying news-
papers" should be kept from the hands of those who
would have no time to read the narrative of daily
events on other days. The influence of the press,
that tended so much towards liberalising the nation,
would thus to - a certain extent be got
rid of, and priestly domination and super-
stitions observance might once again prevail
thrOughout the length and breadth of the land.
" Profane walking abroad" on the Sabbath might be
conidered a high crime and misdemeanour, punish-
able with a good long term of imprisonment, or, in
the case of hardened offenders, on a second or third
conviction, of banishment from what might then, at
least, be termed " the land of saints." Absence from
the parish church would, of course, be visited with a
heavy fine, or incarceration with hard labour in the
nearest Howe of Correction in default of payment, and
a power of summary conviction would necessarily be
given to godly magistrates, and the dialect of what
once was Merry England would be changed into the
slang of the conventicle and the blasphemous abSurdi-
ties of the Praise-God-Barebones of modern times.
The great desideratum was to introduce the " point
of the wedge," and that was effected by the hasty re-
solution adopted by an insignificant clique.
Perhaps it was that Ministers desired to punish the
people fur the numerous defeats they had sustained of
recent days. Perhaps the Chancellor of the Exche-
quer was brooding over the " snubbings " he had so
repeatedly received from the House. Perhaps they
wished to give the Agnewites " rope enough " in
order that they might thoroughly disgust the people
with their absurdities. -Whatever might be their
motive, they immediately bowed down before the
unseemly idol which was set up for general worship.
Her MAJESTY'S directions were given to carry the de-
sired changes into immediate execution, to over-
set the deliberate legislation of the three
estates of the realm on the hasty resolutiun of a sin-
gle branch of the Legislature.
Thanks, however, to Lord BROUGHAM—to '"HARRY
BaouGnAM," the liberal and constitutional lawyer, the
advocate of true liberty the illegality of the
course so unwisely adopted has been pointed out.
The new view of the case which the Noble and
Learned Lord exhibited came by surprise on the
Government. The point, when once noticed, was
like the " egg mystery" of CoLumaus, sufficiently
obvious to the meanest capacity. It was clear that
a solemn compact had been entered into between the
Crown and the people, ratified and sanctioned by the
"three estates of Parliament," The people assented
to a certain amount of taxation and charge upon
every letter that should be transmitted
through the Post office, and in order to render the
charge productive to the revenue various statutes
were passed prohibiting the transmission through any
other sources. In return, and as an equivalent for
these great advantages, which produced a handsome
item in the national balance-sheet, the Executive
undertook to forward these communications with all
convenient dispatch, and penal laws were enacted,
subjecting to severe punishment any of the Post-office
functionaries who should wilfully delay the delivery.
It is but a few days since an unfortunate letter-carrier
was sentenced to twelve months' imprisonment,
with bard labour, for detaining some circulars
that had been entrusted to his bands for
delivery ; and yet, on the advice of its
responsible Minister, the Crown has ordered
certain officials in its employment to deliberately vio-
late the law and set at nought solemn enactments.
This is clearly and unquestionably illegal. It is an
undoubted principle of law—indeed, it is obvious to
any man of plain common sense that no instrument
can be annulled, no regulation abrogated, by any
less authority than that by which it was created. The
provisions of a deed under seal cannot be altered by a
mere agreement, even if between the same parties.
For the same reasons an Act of Parliament cannot be
altered by the resolutions of both Houses, approved
of by the Crown, and a fortiori by the hasty resolu-
tion of one House only, on which the other had not
been consulted. We trust that Ministers will no
longer persevere in the fatal error into which they
have fallen, but that they Will proMptly retrace their
steps, and, if so, we shall perhaps not be inclined to
11F,se an Act of Indemnity freeing them from the
consequences of the unquestionably illegal act they
have already committed.

The County Courts Extension Bill was on Thursday
read a third time in the House of Commons. This
important measure has thus received the sanction of
p ula r 0
pbproasni
tciho n
osfhothuld obstruct its progress if no
in
e Legislature • and
the Lords, it will speedily becameunexpected the law of the
land. From the fair and honourable conduct ex-
hibited by Ministers, who, notwithstanding
their
admitted dislike to the Bill, not only
*Withdrew from
all opposition, but even assisted to render it as perfect
as possible, we entertain the most sanguine expect.
tations that it will neither be rejected nor mutilated
in the Upper House. The right of appeal, which was
so strongly insisted on in the Commons, but which
was, we think, unfortunately rejected, will probably
prove the chief subject of debate, and will possibly
form, the only material point of difference between the
Houses. Other minor alterations may perhaps be
made, but none of any real importance, affecting the
principle of this just and salutary measure, as calcu-
lated to endanger its ultimate safety. We may, there-
fore, venture to congratulate the public on the valua-
ble reform which has thus been almost achieved, and
by which'cheap and expeditious remedies will be af-
forded for the recovery of small debts and demands
not exceeding 501. The operation of the law, so far
as it has hitherto been tried, has, with some trifling
iexceptious, given great satisfaction, and there is no