The Sun.
London, England, 1868-10-05 00:00:00

SPIRIT OF THE PUBLIC JOUBNLLS,

The Times says the Premier can scarcely suppress his
astonishment that services so splendid and successes so
unexampled as those of present Ministry should be requited
with a sudden demand, compliance with which would be
fatal not only to the Government and the Conservative
party, but to the Constitution and to the Throne, to
Church and State, to Protestantism, to religion, to pro-
perty, to security, to conscience, to social order, to the
British people and empire, and— for it is impossible to stop
—to the entire human race. The array of terrible consequence s
happens to betoo wide for consistency. For the matter of
Church and State, there is no Church that can claim the undi-
vided allegiance of the British State ; and Mr. Disraeli
is not prepared to say that either religion or Protestantism
or the British Empire suffers by the existence of a rival
and, indeed, hostile establishment north of the Tweed.
As for Protestantism, if the great majority of the Irish
population are to be exposed to a perpetual insult for the
sake of the Protestant character of this empire, there are
in England not far from ten million Protestants, dissenting
from the Church of England, who have a right to be
heard on this question, and who will certainly make
themselves heard through the operation of Mr.
Disraeli's Reform Bill. Do the Dissenters of
England think the cause of British Protestantism
requires the endowment and establishment of a handful of
Church people in Ireland, the remaining seven-eighths
being left to shift as they can? But Protestantism Mr.
Disraeli would hardly leave to the fate of such an issue.
It is a "fundamental law" of the empire, he says, which
Mr. Gladstone has suddenly proposed to annul. But
what sort of announcement is this for the five million
Roman Catholics among us in the two islands? Are they
to be told that they are really not of the empire, but are,
in fact, aliens, intruders, and heterogeneous? Have we
mocked the Irish Catholics with union,4vith parliamentary
government, with Catholic emancipation, and with the two
successive parliamentary reforms designed to give freer
and more effective utterance to the voice of the people ?
Mr. Disraeli boasts, and boasts truly, that he has done
more than any man living to make one man as good as
another in the constitution and government of this
country. He boasts that he has found the class of elec-
tors that cannot be enlarged without losing the power of
definition altogether. He boasts that to these he has
entrusted the institutions, establishments, interests, prin-
ciples, and conscience of this great empire. In that
boasted commission is necessarily included the property
held by the State for the Church in Ireland, and in its
disposal Roman Catholics count for five million head of
electors. The work, be it sacrilegious or not, is already
done. Let Mr. Disraeli tell the voices he has himself
created, and he will find that " the Noes have it"
The Herald thinks Mr. Disraeli's description of the
Reform Bill of 1867 will hardly be impugned by any of
those who were parties to its settlement ; that the Pre-
mier's claim on the subject of foreign policy was well
founded ; and that the increase of the national expendi-
ture has been attended with efficiency. In regard to Ire-
land, Mr. Disraeli is able to claim for his Government the
merit of having boldly encountered and successfully
baffled a formidable conspiracy, organised by foreign mili-
tary adventurers, acting on the morbid imaginations of a
small portion of our Irish fellow-countrymen. The general
government of Ireland has been conducted all this
time on the principles of sympathy and conciliation.
Justice was never so impartially administered, nor have
any new causes been given for disaffection. For the future
Mr. Disraeli promises on behalf of his Government that
they will give their earnest consideration to every
measure for the redress of Irish grievances consistent
with the rights of property and the maintenance of
Protestant institutions. It is contended that the new
policy proposed by the Opposition is not applicable
to Ireland solely ; that in a country of entire
toleration the adoption of a local instead of an im-
perial rule tends to the frittering away of the general
religious integrity ; that Ireland offers certain peculiar
conditions rendering it especially necessary that the
Established Church should be maintained in that country;
that the subversion of the Establishment would tend to
aggravate religious and political rancour, and to diminish
the security of property "in a land where its tenure and
enjoyment are not as unquestioned as they hitherto have
been in other parts of her Majesty's dominions." It is
shewn by Mr. Disraeli that the spoliation of the Irish
Church could not be without its effect on Great Britain—
that "confiscation is contagious" —and that if the nume-
rical argument be used as an excuse for spoliation, its
application could not be confined to Ireland. For
these and other reasons the Prime Minister declares
that the new policy of confiscation must be resisted.
The Herald commends this frank and clear exposition of
the principles upon which the Government bases its appeal
to the country to the earnest and careful consideration of
every true lover of British institutions. There will be no
excuse, hereafter, for the insinuation that Mr. Disraeli is
disposed to shrink from his duty as a Conservative leader,
and no pretext for ignoring the issue upon which the
coming battle has to be fought.
The Standard considers the Premier's disquisition upon
the grounds for maintaining the union between Church
and State brief, but masterly. He scouts the shallow plea
that the application of the measure can be limited to
Ireland. " Confiscation," he says, "is contagious, and
when once a community has been seduced into plunder,
its predatory acts have seldom been single." The test of
numbers will be applied elsewhere, and "if, in a country
of entire toleration, a local instead of an imperial gauge
be adopted, the religious integrity of the community
will soon be frittered away." But, says the Premier,
there are even weightier reasons why this new
policy should be resisted, and he goes on to shew, in lan-
guage singularly calm and moderate, that the abasement
of the Protestant Church cannot tend to the aggrandise-
ment of Roman Catholicism. The main guarantee
for the preservation of our religious liberty is the con-
nection, through the medium of a Protestant sove-
reign, between the State and the National Church.
It is and has been the sole obstacle to the onward
march of an ecclesiastical system which is as despotic
as it is powerful, and the supremacy of which is marked
everywhere by the subjugation of religious freedom and
the erection of a spiritual tyranny. The ascendancy
of the Protestant Church is now menaced by various
means and on different pleas. Personal ambition, the
hostility to Establishments in the abstract, and the passion
for secularism, are each enlisted in the array which is '
directed against the Protestant Church, but, as the
Premier warns the country in the closing sentence of this
eloquent address, " the ultimate triumph, were our
Church to fall, would be to that Power which would
substitute for the authority of our sovereign the supre-
macy of a foreign prince, to that Power with whose tradi-
tion, learning, discipline, and organisation our Church
alone has hitherto been able to cope, and that, too, only
when supported by a determined and devoted people."
Such is the issue involved in the coming struggle as it
peesents itself to the mind of one of the ablest statesmer
who ever directed the councils of the nation. We ar'
satisfied that he has discerned the real significance of th,
situation, and that in his pronouncement that the loss
and injury of the Protestant Church will be the gain and
advancement of Popery, he has struck the key-note which
will vibrate in the heart and the conscience of millions of
his fellow•countrymen.

According to the Daily News, Mr. Disraeli appears tc
have had two great models of style before him in the
composition of his address to the electors of Buckingham•
shire. It begins like a Queen's Speech, and ends like a
Papal allocution. All this loftiness of tone, however, fail'
to hide a sinking heart. Mr. Disraeli gives battle like a
man who feels certain of losing it, or who knows indeed
that it is lost before a shot has been fired. The language
of Mr. Disraeli's address shews that he is desperate. Ir
defence of the policy to which he is now finally com•
witted, he betakes himself to assertions which can only be
seriously intended, in the sense that they are addressed
to people some of whom, it is hoped, will receive
them seriously. Mr. Disraeli defends the Established
Church in Ireland on grounds which are a direct
insult to a majority of the people of the three kingdoms.
The Presbyterians of Scotland, the Nonconformists of
England, and indeed Protestants of every communion,
that of the Established Church included, may well be
indignant to hear that their religion is powerless against
the Church of Rome, and that it needs the sanction of the
State in order to make head against that mighty foe. Tu
Boman Catholics, of course, this tribute to the superioritT
of their faith will naturally be very gratifying, if they
believe it to be sincere ; but compliments may be purchased
at too high a price. Mr. Disraeli's defence of the Esta
blished Church as the necessary bulwark against Roman
Catholicism clothes it again in Ireland with its old and
odious character. It makes it once more a garrison in an
enemy's country. Ecclesiastically, Ireland becomes the
English Poland.

The Broad Arrow says : "It is the talk of the
clubs that we are likely soon to have another ' leading
case' of a military character, in an action brought against
Sir William Mansfield, Cornmander-in•Chief in India,
by an officer who has recently felt the evil
effects of the Indian court - martial system, on
which we expressed our opinion a short time
since. It would appear, if rumour is correct, that
neroas have been brought, not only against Sir
William Nlansfield, but against all the members of the
c-Jult-inartial in question, and that no less than thirteen
writs went out to India a fortnight ago to be
served on the officers who composed the court.
The plaintiff is Captain Cunningriam, late of the
18th Royal Irish, and there were certainly circumstances
in his case which thoroughly warrant his seeking redress
for what we believe is recognised by the authorities at
borne as a very manifest wrong done to that officer,"

SOCIAL SCIENCE CONGRESS.

BIRMINGHAM, FRIDAY.

The labours of the day were very pleasantly supple.
mented by the Mayor's reception in the Town fall last
night. The building, which had an undeniably dingy, not
to say dirty appearance on the occasion of the delivery of
the President's address, was strangely metamorphosed.
The seats were all removed, the orchestra gaily decorated,
and the centre of the room adorned with a circular
bank of shrubs and flowering plants ; the lower
regions, in the midst of which a fountain played, being
devoted to purposes of refreshment. The Mayor, Mr.
Avery, the well-known scale-beam manufacturer, who is,
I believe, noted for the cattle that he drives, welcomed his
guests very cordially. The members of the Birmingham
Festival Choral Society carried out a well-arranged musical
programme, in a manner that earned the hearty thanks of
the visitors.

Though precisely forming a part of the proceedings
proper of the Congress, I may mention that arrangements
have been made for holding a conference on Tuesday, under
the presidency of the Mayor, on the subject of " Reforms
in the Licensing System." Dr. Martin, the secretary, has
issued invitations to the members of the association, and
a Large attendance is expected.
All through the day we have been hard at it in the
sections, and, as will be seen below, some matters of great
interest have been discussed. This evening Miss Carpenter
gives her address on " Education in India," and the
meeting of working men is held in the Town Hall. Earl
Carnarvon will preside'

JURISPRUDENCE AND AMENDMENT OF THE
LAW.

The Right Hon. VT. N. Massey, president of this depart.
ment, delivered an address in the Friends' Meeting-house.
After some preliminary observations on the nature of the
science of jurisprudence, a protest against the tendency to
criticise the legislation of bygone ages, and a tribute to the
labours of Brougham in the way of law reform, Mr.
Massey proceeded to say: " Though much has been done,
much more remains to be done before our civil code can

be complete. The consolidation of the statute law has not
yet been planned, notwithstanding the labours of more
than one royal commission. No attempt has yet been
made on a comprehensive scale to reduce the great mass of
unwritten law to order or principle. Yet, until the piles of
statutes and precedents have been digested and arranged,
the civil law of England can make no pretensions to
the character of a code. I cannot, however, consider it
,altogether a subject of regret that the work of codification
has hitherto been delayed. Before such a work is under-
taken, questions of principle should be determined. There
are many questions of this kind outstanding. Upon
certain elementary points of procedure, for example, the
existing practice is fairly open to question. Is there any
reason, besides ancient usage, why a jury in a civil action
should consist of twelve persons? Is it necessary, either
in a civil or criminal proceeding, that a jury of twelve
should be unanimous? The intervention of a jury at all in
the trial of civil cases may, as a general rule, be con-
sidered unnecessary for the ends of justice. Issues of fact,
as well as law, are in India tried by the judges of the
Supreme Court; and in no case is it competent to the
parties, or either of them, to demand a jury. The Indian
Law Commissioners have in their recent report recom-
mended further and not less important departures from
the English law and practice. They have made a radical
revision of the law of contract. They give a complete
title to the bond fide purchasers of moveables,
without reference to the fact of the goods having been
stolen, or sold in market overt. The liabilities
of agency and partnership are defined by a series of enact-
ments and illustrations, superseding the mass of English
law through which these liabilities are to be traced. The
commissioners embodied their recommendations in care-
fully drawn clauses, which were discussed in the Legisla-
tive Branch of the Council of India during the last
session at Calcutta. These great measures were in
charge of Mr. Maine, who was of opinion that the
bills, if passed, ' would place India in possession
of a body of contract law which left nothing to
be desired in point of simplicity and comprehensiveness,
in respect of the essential equity of its provisions, and in
respect of the perspicuity with which those provisions
were set forth.' I will not say that every section of the
Indian Contract Bill is faultless ; but I confidently refer
to the work on the whole as a model of scientific legisla-
tion, which may be consulted with advantage by those
who may hereafter be engaged in the arduous duty
of simplifying, arranging, and expounding the
principles of substantive law in any of its branches."
Adverting to the various questions to be discussed in the
department, the President dwelt as follows on the question
of the right of married women to the control of their
property :—" There can, I apprehend, be no doubt that
the absolute right of the husband to the personal property
and earnings of his wife is grossly abused ; and unless it
tan be shewn that positive evils would result from depriving
him of this right, the married woman is as much entitled
to the protection of the law in respect of her property and
the fruits of her industry as any other person. In the
upper classes the property of the wife is commonly
placed beyond the control of the husband by ante-
nuptial settlement, but among the mass of the people
no such provision is practicable. Yet, a seamstress who
toils for the maintenance of herself and family stands
more in need of protection from an idle and profligate
husband than a gentlewomen who is seldom in danger of
wanting the common necessaries of life. The simple
habits of the poor would hardly admit of any expedient by
which the wife might be secured in the enjoyment of her
own property and earnings. Nevertheless, the principle
should, in my opinion, be asserted."

In the section of this department devoted to the COl.
hideration of questions of international law, a paper was
read by Lord Hobart on the special subject, " Ought
private property at sea to be exempt from capture during
war ?" The answer to the question, it was stated, had
been much facilitated by the admission in point of principle
implied in the immunity of private property on land.
That the right to this immunity during war of private
property on land is now generally admitted by civilised
States seemed certain. Should the same rule be applied to
private property at sea? So far as the goods of an enemy
went, it was impossible to discover any distinction between
than when on land or at sea. It was urged as a strong
reason for the exemption of an enemy's goods from
plunder (being private property) when at sea, that if
bound for a neutral country they were in a sense the pro-
perty of persons in that country, and to capture them
would be a flagrant interference with the rights of neutrals.
It was, in fact, denying to neutrals the power to trade.
Though this was clear as regarded the goods of an enemy,
the case of ships and crews was different. It was argued,
said the author, and not without reason, that the enemy's
ships, with their crews, were the raw material of his
military marine, and that to capture them was directly to
cripple his naval power, so as to bring their
capture fairly within the category of hostile
measures which may lawfully be taken against
him : the result of the whole inquiry appearing to Lord
Hobart to be, that private property, as a rule, should be
exempt during war from capture, and that if there was to
be any exemption to that rule, it was in the case of the
merchant ships and crews as distinct from the merchandise
of belligerent States. His lordship proceeded to consider
what changes would be required in the " law of nations"
in order that the proposition thus arrived at might take
practical effect. He pointed out that since the
Declaration of Paris in 1856 it had been considered
that there were only two kinds of private property
(not being contraband of war) liable to capture at
sea, viz., the goods of an enemy carried in the ships of an
enemy, and the merchant ships, with their crews, of a belli-
gerent nation. All that was required, therefore, was, that
it should be agreed as between the principal States of
Europe, that in future an enemy's goods, being private
property, should no longer be liable to capture at sea
during war, in whatever ships they were conveyed, and
that if captured they should be restored to their owners.
It would, of course, be competent to a congress of States to
decide that even the merchant ships of belligerents
(with their crews) being private property, should
be exempt, and such a decision might not be
without reason. The paper concluded by arguing that
blockades were only justifiable for strategic purposes. For
the purpose of cutting off the trade of neutrals (other than
in contraband of war), they were in direct conflict with the
principles of international law laid down by the most
authoritative writers.