The Sun.
London, England, 1850-08-12 00:00:00

THE SUN,

an almost irresponsible board to levy taxes, according
to its pleasure, on the people, thereby subverting
the principle Hof taxation by the House of
Commons alone, a principle long numbered
among the vaunted bulwarks of our Consti-
tution. When, moreover, it is borne in
recollection that this extraordinary and unjustifiable
authority is bestowed upon a board subjected in a
peculiar degree to clerical influences, it must be ac-
knowledged that the evil resulting from such a con-
cession appears more than ever enormous and unen-
durable.

One other consideration in respect of the ill-ten-
dencies of the new enactment should be secured at
once in the popular remembrance. It should never
be forgotten until the time either of abrogation or
of alteration has arrived, that virtually, we might
even say ,literally, every person comprised
within the districts mapped out in this Act relating
to Metropolitan Interments is mortgaged at the rate
of six shilling and twopence per head to the clergy
of the Establishment. Indeed, the entire measure
can be vie vved merely as one contrived principally
with an eye to enhance the amount of emoluments
already enjoyed by the clergy of the predominant
religion. Until this law was concocted several of
the parishes now affected by its operation paid no
burial fee whatever to the clergyman. Any such
exemption, however, is henceforth rendered impossi-
ble, the Act securing to the clerical faction a certain
return of clear profits proportioned to the number of
interments.

Again and again we have, since the first introduc-
tion of this measure to the notice of Parliament, ana-
lysed its various clauses with a scrupulous regard to
the ready comprehension of our objections. Again
and again we have demonstrated that the only per-
ceptible advantage immediately resulting from its
provisions will be such as are solely enjoyable
by the ministers of the Protestant Establish-
ment. Every such advantage, moreover, we have
shown to arise simply from detriment to the
interests of the population. Without this Act in ex-
istence, burials in extramural cemeteries are still op•
tional. With it, it still remains optional whether or
no the old intramural graveyards shall yet continue
open to interments. Such would never have been
permitted by the Government had they been really
desirous to secure the metropolis from the recurrence
of the ancient abominations. They would, under
these circumstances, actuated by that laudable motive,
have rendered extramural interment wholly impera-
tive from this time forth and for ever upon the
citizens of London and Westminster. Unhappily no
such arrangement as this has been effected. Such
and such intramural places of entombment are still to
be used according to the whim or convenience of the
local clergyman. Meanwhile, over the management
of the extramural cemeteries, the Church, through its
official representatives, is to exercise a supreme super-
vision. All these deplorable concomitants of the mea-
sure recently passed into a law by the Parliament
and the SOVEREIGN preclude us from experiencing
any of that unalloyed satisfaction we should
otherwise have derived from a scheme of such com-
prehensive innovation. Not that we in any manner
depreciate the credit indisputably due to the Cabinet
and to the Legislature for at length entering into the
movement of reform in a matter affecting so largely
r the health, morality, and convenience of the popula-
tion. For inasmuch as the present Ministry adven-
tured upon this section of sanitary improvement
boldly, though tardily, their conduct must be
regarded as in the highest possible degree
meritorious. Fur inasmuch as they marred the gal-
lantry of their first entrance upon the enterprise by
the most shameful subordination of the public inter-
est to the individual and professional interests of the
clerical Establishment, they are mainly culpable. It
is against those odious and pitiful concessions to the
clergy that we have almost exclusively pro-
tested. In other particulars we have always ap-
plauded, and shall always continue to applaud,
the courage evinced by her MAJESTY'S advisers in
attempting a change from adventuring upon which
all preceding administrations had refrained. Gladly
would this public approbation have been redoubled in
earnestness had the Ministers proved only consistent
in their undertaking, had they insisted upon securing
the desired reform in a state altogether unmutilated,
without consenting to forward their project
through a paltry bribe to the Church Esta-
blishment. Unfortunately such regrets at the
present moment are worse than useless. The
Bill has passed into a law of the United
Kingdom. Submission to that law is required from
every loyal member of the community; but, at the
same time, it is happily allowable to endeavour by
every constitutional means to forward the scheme of
emendation so far as to render its acquisition pro-
bable in the next session of the Imperial Parliament.

The Encumbered Estates (Ireland) Act Amend-
ment Bill, which came down from the Lords, has
shared the fate of other measures relating to landed
property in the sister kingdom, which originated in
the Upper House. We confess that we cannot re-
gret the rejection of the Distress for Rent, The
Landlord and Tenant, or the Small Tenements
and Revenues Bills, all of which were intended to
confer more extensive powers upon the proprietors,
and to place the unfortunate occupiers completely at
their mercy. The Encumbered Estates Bill was, how-
ever, of a different class, and conceived in a very
different spirit. It related to landlords and their
creditors, and so far from endeavouring to extend the
powers of the latter, it endeavoured to curtail them
very materially. The whole course of legislation
sanctioned in the Upper House this session ran in
favour of the " territorial aristocracy," and that not
only whether they were the actual and bona fide
owners of the soil, or the nominal proprietors collect •
ing the rents; not for their own use and benefit, but
for immediate distribution among the mortgagees
and encumbrancars, whose agents they practi-
cally were. In every case, however, the hereditary
lawgivers took the landocracy under their especial
protection, and afforded them all the aid in their
power against the conflicting interests, whether cre-
ditors or tenants. The representatives of the people
have, however, taken very opposite views, and, as we
have already stated, have consigned the various mea-
sures to the " tomb of the Capulets."
Tne Bill now under notice had a threefold object :
Ist, to limit the jurisdiction of the Commissioners,
by altering to a certain extent the provisions of the
12 and 13 Victoria, c. 7, s. 22 ; 2ily, to place a
minimum value upon property about to be sold, be-
neath which it could not be disposed of without the ay_
sent of the inheritors ; and, 3dly, to afford protection
from arrest to persons whose properties were
brought under ' the control of the court. Some of
these objects might be desirable enough by them-
,selves, if judiciously and properly carried out; but
othdr pbrtions` of the Bill were highly objectionable,
being totally opposed to the policy of the original
Act. Notwithstanding many deficiencies, this Act has
on the whole worked well, and will, we have no
doubt, ultimately prove highly beneficial to Ireland,
; by supplying a solvent and unembarrassed proprie-
I tary, capable of improving the lands that may pass into
their hinds. By bringing these into the highest state of
fertility, they will materially increase the agricultural
produce of the country, and at the same time provide
ample employment for the peasantry, whose only
capital' and means of subsistence consists in their
labour.

The first object above referred to is one against
which we must earnestly protest. In place of
limiting the jurisdiction of the Court, we would
extend it as far as practicable, and render it per-
petual, so that every person desirous either of selling
or encumbering his property might be enabled to
avail himself of its provisions, and to alienate or
charge his estates, giving a good, valid, and unim-
peachable title, with '` a new root," so that the com-
plicated abstracts and retrospective deductions of
titles—those enormous evils which impede the free
transfer, and materially reduce the value of
real property in the United Kingdom—might
be totally done away with. Indeed, we see no reason
why a similar tribunal might not be established for
this country also, so that vendors and purchasers, bor-
rowers and lenders might avoid the delays, expenses,
doubts and difficulties, and insecurities of the present
complicated and•cumbrous system. Under the pro-
visions of, the 'Act now in force, which it was desire 3
to alter—we cannot say amend—the inheritor, if he
desired to resist the sale, or, to speak technically, to
"show cause against the conditional order," Eboull

LONDON,

prove that no part of the lands in ques-
tion were subject to a receiver, or in the
pesst-s-ion of an encumbrancer, and also that the
amount of the yearly interest on the encumbrance
and other yearly payments in respect to charge pay-
able out of the income, do not exceed one-half the
net yearly income after the payment of all tithe-rent
charges, such part of the county cess and poor-rate,
as is payable by the owner, and all Crown, quit, and
head rent. If there was a failure in any of these
respects, if it appeared that the lands were in the
hands of that "worst of all possible landlords,"
a receiver under a court of equity, or if an
encumbrancer were actually in possession, or,
finally, if the nominal proprietor had not for his
own use and benefit a clear moiety of the profits after
providing for every possible demand, the lands should
be sold. The new Bill provided that the jurisdiction
of the Court should not arise in any case where
the interest and annual payments did not ex-
ceed one-half the net income. This would ex-
clude ewes where there were receivers or the
lands in the possession of encumbrancers ; and
surely if the lands bad passed for an indefinite period
ont of the owner's hands, it is just and proper
that it should be handed over to a new proprietor•
Indeed, in any cases where a just debt could not be
satisfied after a reasonable notice—say six, or even
twelve months—we think that a competent portion
of the estate or estates on which it was should be
disposed of, in order to liquidate the demand, and to
leave the surplus of the lands unencumbered and un-
embarrassed fur the benefit of the party, who might
then really be termed "the proprietor." This, which is
palpably just, would be for the benefit of all parties,
inheritors as well as encumbrancers, and would be as
politic as it would unquestionably be equitable.
The second point attempted by the Bill was to pre-
vent any lands being sold without the assent of the
inheritor at less than fifteen years purchase. Now,
.we confess that we are not indisposed to a minimum
price, beneath which no bidding should be accepted.
The fearful sacrifices of property, which have, in
many instances, been sold at less than half
their actual value, and which, so far as
the proprietors and puisne encumbrancers
were concerned, was practically nothing better than
"confiscation," rendered such a provision just and
expedient. If the Securities for Advances Bill had
passed into a law there would have been but little
necessity for such enactments. But as that had, in
common with almost every good measure of the
session, been withdrawn, it was most desirable —we
had almost said " essential"—to pass a law, providing
for a:minimum price. But the present measure
was not suitable for the purchase ; it made
fifteen years' purchase a minimum in every
case. No provision was made for a difference in the
real value of the properties, although some might be
better worth twenty-five than others twelve years'
purchase. The clauses should therefore have been
materially changed before becoming worthy of receiving
the legislative sanction. But we think the object might
be attained by a fair comparison of the rents payable
and the terms of the different tenants with
the Ordnance valuation, and a provision that no
lands should be sold at less than thr' rths
or seven-eighths of the amount at they
were valued by a competent siar appraiser,
who had taken all the circumstance*tdbnected with
the property fairly into consideration.
The last object, that of enabling the inheritors to
attend the sales of their es ~and the Courts of the
Commissioners, without daft'. of arrest, was so just
and proper, that we are really surprised at any op-
position being offered to it. When a man has given up
his entire property, which is in course of realisation,
he should not be subjected to incarceration or
driven to the Insolvent Court for relief,
at least until it was show at what he
had surrendered was inadequate to to his debts.
Any creditor who resorted to such indictive pro-
ceedings should at least be deprived of any benefit
under the sale ; he should not be allowed, at the same
time, to resort to both the person and the property of
his debtor. The beneficial provisions of the Act, how-
ever, shared the fate of the general enactments, and
the entire Bill was rejected without a division.

THE FRENCH REPUBLIC.

We have received the Paris journals of Saturday
and yesterday.
The Assembly is, prorogued until November, and
the greater number of the members have left Paris.

The Mountain, on the breaking up of the National
Assembly, have published an address, under the head
of " Compte-rendu par la Montange au Peuple." It is
signed by 86 members of the party. The name of
M. E. GIRAEDIN does not appear among them. We
subjoin a considerable portion of this address :
" Citizens,—Elected by you representatives of the
people to the National Assembly, we at present give
you an account of the manner in which we have per-
formed our duty. That duty was perfectly clear, being
defined in these words—defence of the Republic, and
constant elaboration of the social reforms which are
so necessary, and so justly and impatiently expected.
You are aware that the election of May 13, 1849,
placed us in minority in the-midst of sovereign power.
We there found ourselves in face of adversaries not
wishing to have and not comprehending any institutions
but those of the past, systematically opposed to every
reform, and bearing down every discussion, every reso-
lution, with the weight of their prejudices, their interest,
and their number, kept out of the committees in which
bills have been prepared and examined, where the re-
ceipts and expenses of the State are controlled, thwarted
in the expressions of our opinions by the obstacles
thrown in the way of the liberty of the tribune ; we,
however, struggled on with perseverance, Sure of being
heard and understood by the people, protesting by our
words and votes against the attempt of monarchical
and clerical reaction, and pointing out, in opposition
to a policy of caste, egotism, and distrust, the be-
nefits of liberty, equality, and fraternity. Thus
cooped up within the limits of an action altogether
moral, we have never lost sight of the supreme ob-
ject of the Revolution, which has been agitating the
world with various chances for so long a course of ages.
After religious equality and liberty, France proclaimed
political equality and liberty. Fur that great cause she
effected the Revolution of 1789 and that of 1830. On
the :24th of February, 1848, she wanted still more—she
desired that to every member of the social corps should
be ensured the advantages of conjoint responsibility, of
independence in his profession, of existence by individual
or collective labour. So set forth in its necessary con-
sequences, the Revolution of 1848 was accepted with
enthusiasm by the people. On the vast field of social
renovation, the Republican and Democratical Republic
saw rallying around its flag all those bold thinkers who
for so long a time had been seeking, in the depths of
politico-economical and moral sciences, the solution of
the formidable problem of the extinction of misery and
of the abolition of proletarianism. From that co-operation
of force, from that fusion of Republican and Socialist ideas,
there soon resulted a complete agreement as to the means
to be employed, in order to transform into fact the will of the
people, to lay the foundation of the new society. Thechair
of public instruction, raised to the dignity of the most
honoured judicial position; education placed within the
reach of all, made gratuitous at the entrance to all the
careers which human activity embraces, and so pre-
paring the free development of the faculties of each;
the taxes established on the absolute bases of eternal
justice, simplified, rendered uniform, demanding much
from him who possesses much, little from him having but
little, and nothing from him who has nothing to give; the
access to credit thrown open to all citizens, and by credit
the right to labour; association, that supreme expression
of the power of intellectual and physical labour, excited,
encouraged, and aided in its efforts; public assistance
I moralised, and ennobled, substituted for alms, which
degrade the man and enslave the citizen; each people
disposing freely of itself; each race mistress and sove-
reign in its own territory; such was in its ensemble,
and indicated in its cardinal points the programme of
the revolution of February.'
The writers here pass in review the principal votes
of the Assembly, declaring them to be violations of
the Constitution; and then go on :
" In the laws, in. the official world, Socialist demo-
cracy has lost much ground, that is not doubtful. But
in ideas, amongst the popular 1132850°, how great has
been its progress within a short time! The day of jus-
tice has at length shone forth for that great cause! ca-
lumniated,by the privileged classes, and misunderstood
by ignorant ones, it triumphs over both ; and now it
recruits its innumerable phalanxes even from amongst
that very class which had been excited against it, by
misrepresentations of its thoughts, its object, and the
means which it desires to employ for the constitution of
a new society. The old world is at its last shifts. All
feel it, see it—even they who endeavour to prolong its
final days by galvanising it. Senseless indeed would he be
who did not recognise the truth of this assertion, from
the shocks which in every direction convulse the soil of
Europe! For who could be strong enough, powerful
enough, to prevent the destruction of that society which
is falling to pieces, to retard any longer the ascension of
socialism? United up to the present time for the pur-
pose of common resistance, the three parties who dis-
pose of all the forces of the Government against us have
reached the highest point of their power. The divisions
which are taking place amongst them prove this in the
clearest manner—they can now only decline. Will they,
however, submit to the law of justice and reason? or will
they, by a violent and desperate effort, attempt an open
attack against the Republic, carrying into execution
the incredible menace thrown out from the tribune—
the war of Rome in the interior ? In other terms, will
the revolutior4nrofeFss, by theebruaryaccomplishregular
and
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