The Sun.
London, England, 1868-07-06 00:00:00

SPIRIT OF THE PUBLIC JOURNALS,

• '
The Times remarks that it is sometimes a very great
assistance to a jury when a party in a suit will insist on
making an appearance in court. Of course, he comes in his
usual form ; his looks, his dress, his interruptions, his
glances, and his evident proclivity to adventures of one sort
or another, all combining to add the best possible comment
to speeches of counsel and the evidence of witnesses. The
Irish Orangemen have made this mistake. Had they con-
sulted any friend of sober judgment, he would have
advised them by all means not to shew themselves for the
present. The advice, if given, has been set aft naught, and
there has been the usual "demonstration"—that is, a
public exhibition of the manner of men who claim to be
the paramount masters of Ireland, its conquerors and
lawful possessors, its proper leaven and salt, its authorised
models of religion, duty, and manners, and the special
objects of British industry and favour. There had been

no hypocrisy on the part of their advocates. They have
not been described as lambs, unless of a breed well known
in our boroughs ; nor has their roar been described as
that of sucking doves. Their pretension to the exclu-
sive possession and government of Ireland, with com-
plete civil and religious ascendancy, has been fairly and
unreservedly stated and honestly defended. All that
remained was that the claimants of this proud position—
the persons who claim to lord it over, not merely the
remaining seven-eighths of their own countrymen, but the
entire people, Go.vernment, Constitution, and State to
which they belong—should be brought before us. They
do not hide their light under a bushel. At the first chal-
longe they spring out into the glare of noonday. The
Times feels bound to thank them for this, but also
takes the liberty to tell them that they had better have
lain quiet for a while, and let themselves be described as
it might suit the convenience of their parliamentary
;spokesmen.

The Post calls attention to one of the many anomalies
with which our law abounds—the utter absence of all
provision to enable a man who is convicted of a criminal
offence to insist on the validity of that conviction, either
in point of fact or of law, being solemnly determined by
another tribunal. The verdict of the jury is considered
conclusive of the guilt or innocence of the ac-
cused, and, however overwhelming may be the
evidence forthcoming to demonstrate the innocence
of one who has been declared guilty, there
can be no new trial, and the sole expedient to which
the Crown can resort to prevent a manifest act of injustice
is to grant a pardon for an offence which, cx hypothesi,
has not been committed. In cases, on the other hand,
where a convict has reason to complain that he has not
been tried in due form of law, his position is nearly as
bad. It is true, error in law may be assigned, or, if the
judge so pleases, he may in the course of the trial reserve
disputed points for the consideration of a superior
court ; but, extraordinary though it may appear, error
cannot be assigned as a matter of right, but simply by
the favour of the Crown. If a convict or his counsel
has reason to believe- that the conviction is bad in
law, a petition is addressed to the Attorney-General
praying him to issue a fiat, in order that the
question of law thus raised may be solemnly argued and
determined. It is in the power of the Attorney-General
to grant or withhold the fiat, and, in doing the one or the
other, he exercises a judicial function, being practically
the representative of the Crown, with whom this singular
prerogative rests. In fact, it is held as law that a writ of
error in cases of treason-felony and misdemeanour can only
be obtained, however manifest the error, by the favour of
the sovereign, and that against the decision of the
Attorney-General there is no appeal.

The Herald advises a watching of the policy of Russia
just now. Our contemporary does not advocate an armed
interference, but it remarks that when a European power
begins to make encroachments in Asia the difficulty is not
80 much to proceed as to stop ; and Russia has avowedly
found out a fact of which it can scarcely be supposed that
she was ever ignorant. Her mission is one of peace and
love, but unfortunately it cannot be accomplished without
war and hatred. She is very sorry, but savage nations
will not always see their own interests ; they
prefer a bad government which is their own, to a
good government which is somebody else's ; and
when they mistrust their chance of fair fighting
they try treachery as an equally legitimate resource. The
work of civilisation is not to be impeded on account of
barbarian prejudices, so the invader puts forth his strength,
and takes a material guarantee for maintaining it. Such
has been the course of Russia in Central Asia—a course
which is bringing her nearer and nearer to our frontiers, at
which, aided by an alliance with Cabul, she might in a very
short time arrive. That she has as much right to that
postion as we have to our own must of course be conceded.
But the position would be too powerful to be regarded'
without uneasiness in this country.

In concluding some comments on the Social Science
meeting at which Mr. Gladstone presided, the Daily News
observes that at this meeting, as on like occasions, th 6
case of the working man was forcibly and ably put ; but
hardly a thought was given to the general condition of the
employers. Judging from the tone of the speakers, we
might infer that the possessor of capital is unburdened
with cares, while the possessor of labour is continually
buffeting with misfortune. The actual state of
the case is forgotten. The fact that the man who
is able to employ thousands of men may have com-
paratively as little ready money at his disposal as one of
his workmen never receives a moment's attention.
But the existence.of inequalities on both sides is the most
striking argument for something being done in the
common interest of labour and capital. It is this, and not
the prevalence of trade unionism, which justifies the
appointment of an influential committee for the purpose
of joint action with a view to discover defects and devise
remedies. Happily, the time is ripe for the enterprise. It
is no longer possible, as it was never justifiable, to attempt
to repress unionism by sheer denunciation. The mischiefs
engendered by the uncompromising attitude of both parties
are gradually dying out. The injustice of condemning
every union because one or two merited unsparing rebuke,
will not again be repeated with even a show of plausi-
bility. It is the determination to criticise in a hostile
spirit,
rather than to inquire in a kindly tone, which has
embittered the working man against a portion of the
press and a section of our public men. To this let there
now be an end. We believe that all the working men
desire may be attained without continuing certain arrange-
ments on which they have set their hearts.

The Standard declares that there is no doubt that the
anticipations of the public in regard to the elevation of Sir
Robert Napier to the peerage will be speedily realised,
and that Parliament will shortly be asked for a grant to
the general who has added so brilliant a chapter to the
military annals of the nation. The question to be con-
sidered, however, will be whether the grant should take
the f )rm of a pension, with remainder to the General's
hear, or a sum of the value of the pension capitalised am)
voted in a lump. There are considerable advantages
in the latter plan. In the first place, the House
of Commons dislikes pensions ; in the second, the
clement of chance enters too strongly into their
dispensation. It is possible that Sir Robert Napier and his
heir might live many years to enjoy the pension ; on the
other hand, the legal recipients might be cut off in very
few years, and the family might lose the benefit of the
nation's gift at the moment when it was most required.
But the sum, say of £50,000, might be invested toproduce an
equivalent to the pension, and secured to the family
under all circumstances. We are inclined to hope, there-
fore, that the nation's tribute to the distinguished soldier
will take that form. About the unanimity of the vote
there can be no uncertainty, Men of all political creeds
vie with one another in eagerness to do honour to the
General and his army, and the severest critics of our
military administration can only praise.

What, the Telegraph asks, shall be done with the House
oe Lords ? No one who considers what the new House of
Commons is likely to be—not only in the next Parliament,
but in after years, when the people shall have gradually
possessed themselves of :the franchise—can doubt that it
will be most desirable to make the House of Lords work in
faller harmony with the Chamber which more directly
represents the nation as a whole. The remedy for the
present want of accord would be to make the Upper
Ilolso the indirect representative of the selected worth,
manliness, and mental power of the whole nation. Even
the imr ending change in the Irish Church will make a
reform more needful. Whatever other causes may compel
us t, exclude them, we must regret being obliged
to send away from the House of Lords the only Irishmen
—the Protestant bishops —who sit there because of personal
merit ; for the Irish representative peers, like the Scotch,
are merely the nominees of Lord Derby, or the Tory
leader for the time being. With a life peerage properly
organised, distinguished Irishmen and Scotchmen, as well
as Englishmen, would bring to the House of Lords a rich-
ness, a strength, a variety, and an influence that are now
wanting to i debates and decisions, and that would
enable it to represent with fidelity the most thoughtful
clals:s of the United Kingdom.

Mr. Disraeli's £rat peer, Viscount Bridport,
enjoys a somewhat exceptional honour. He exchanges a
barony in the peerage of. Ireland (an honour which
confers no right to a seat in the House of Lorcl.) 1 r
r. vis:ountey. As a rule an Irish earl or viscount is content
with the lowest order in the English peerage—a barony.
For instance, the Earl of Dunraven sits as Paron henry.
Viscount Monck as Baron Monck, and Viscount Boyne as
]'iron Brancepeth. During a little over 35 years 24 Irish and
16 ScAch peers have been created lords of the Ijitited
Kingdom.