The Sun.
London, England, 1850-06-21 00:00:00

=1`364161
pOitiftni" and ‘lcesual," are next succeesieW use . .1)
with le eel ehility and logical preci,ion. In&Wflite
section of th. "Introductiee," cccupying
25 pages, we found replete with interest and instruc-
tion, and furnishes a concise hut complete view of
those original powers or laws of mind on
which the use or abuse of human testimony is en-
tirely dependent. In the second section of this able
"Introduction" our author proceeds to treat in $
vary masterly style of "judicial evidence," by which
he intends " the evidence received by courts of justice
in proof or disproof of facts the existence of which
comes in dispute before them." Having wisely re-
marked that judicial evidence is nothing more •
(end, we would add, considering the nature .
and dignity of the latter, nothing less) than
natural evidence, restrained or modified by positive
rules of law, he considers the question whence the
utility or necessity of such rules ? Perfect distribu-
tive
.ju•tice—that justice which to each act of every
man's life would administer the very meed of reward
or punishment, of blame or praise which is its duel--
which would decide every controversy with infallible
correctness, and, being incapable of doing wrong,
would be without and above appeal—such justice
belongs only to Him who cannot err—
" Who all things sees—and all things hears."
But to mark the road of perfection, and approach
to it—to strive ever to secure the best practicable
dispensation of justice, this is the legitimate end •
of municipal law, and this is attained by propound-
ing general rules, the undeviating observance of which
may violate distributive justice in a particular in-
stance, but will tend to the preservation of the common
weal and the promotion of human happiness on the
whole. "To administer perfect attributive (we
would use the term " distributive") justice," writes
Mr. Best, "in all questions to which the innumer-
able combinations of human actions give birth, is
the high prerogative of Omniscience and impecca-
bility," but, au unclouded view and unerring decision
being denied us, " the observation of nature has
taught the reflecting portion of mankind that great
ends are best attained by the steady operation of
fixed general laws." The necessity for limiting.the
discretion of judicial tribunals in determining facti is
next treated of, and, in doing so, Mr. Bentham's fal-
lacy of supposing a complete analogy between public
and domestic judicature is detected and confuted. Ob-
serving upon the necessity of speedy action in human
tribunals, whence the maxim "Interest reipublicm ut
sit finis actionum," Mr. Best eloquently says
" Questions of philosophy, whether natural or moral,
as well as questions of history, rest for the most part in
speculation, and may be undertaken, dropped, and re-
newed at pleasure or convenience. Whether, for in-
stance, the law of gravitation extends beyond the solar
system; whether there is any law of relation between
the magnitudes of the planets and their distances from
the sun; whether the motion of each of what are inac-
curately termed fixed stars is independent or only forma
part of some gigantic system, are at present matters for
investigation, lying open to men in general .
but judicial inquiries differ widely from all these,-etee
plaintiff and defendant stand before the tribunal, and both
individual and social interests require a decision prompt
and conclusive."
Having shown the importance of rules for the dis-
posal of matters of fact and regulating the burthen
of proof between litigating parties, the nature and
principles of legal presumptions, as well as the abuses to
which they are subject, are considered and illustratkl.
Legal and historical truth are not the same in cha-
racter, nor are the securities of the latter sufficient to
guard against the risks of error inevitable in the
pursuit of the former. " The legislator dealing with
judicial evidence is bound to frame characteristic
securities to meet characteristic dangers." The
punishments for perjury are the legal or political
sanctions of truth ; and so venerable is the security of
an oath, that it is a maxim of our law, " non creditur
nisi juralis" (eel affirmantibus Q). Another security
is in the preservation of evidence by writing, and
other solemnities, and the rejection of the testimony
of suspected persons or documents. The number of
witnesses, too, required to establish a legal crime is a
further and a powerful guarantee. Mr. Best .next
examines the doctrine (which has found so many
continental admirers) of what civilians and casuist/
call "plena probatio," but he styles " artificial legal
conviction," viz , a system of mechanical belief depend-
ent on the power of certain given quantities of proof.
The use of arithmetical calculations for estimating
the value of evidence has found a gifted advocate in
Bentham, but his celebrated "scale" is itself placed
by Mr. Best in the " balance," and found wanting.
The fallacy of that great writer is shown to consist
in his scale being of necessity infinite, and therefore,
of necessity, inapplicable. Having shown the prin-
ciples on which judicial evidence is founded, having
demonstrated its uses and importance, and pointed
out its deficiences and abuses, our author closes
his " Introduction." He then opens upon the great
subject itself—the English law of evidence, which be
proceeds to treat of under three principal divisions.
Ist. Taking a general view of the system-2J. Con-
sidering the instruments of evidence, and-31 Ex-
amining the principal rules which regulate its ad-
missibility and effect. Space and time, unfortunately,
we have not now to review the rest of this book with
the care and gravity such a subject and suple
writer deserve. It may be we shall hereafter heie an
opportunity to resume where we reluctantly leave off,
fir having lingered.thus long with pleasure over his
introductory pages, we believe the more we read
the more we should. admire. The well-ordered ap-
proach to a fine building argues much for the beauty
and effect of the interior. We hsve, at all events,
read enough.te qualify us to form an opinion of the
author, and if our estimation of his talents, his erudi-
tion, his industry, and his taste, can tend to promote
his interests or extend his reputation, we car, only
say he has won it, and that highly. It is to such
men the profession of the bar is, after all, indebted
for its true character and proper illustration, and
while works like the present emanate from its ranks
it wants nothing of future promise—it has boat
nothing of ancient renown.

MR. LUMLEY 'S FETE TO MM. SCRIBE
AND HALEVY.
On Wednesday Mr. Lumley gave a brilliant Me and
dijeuner artistique at his villa, at Fulham, to MM. Scribe
and Halevy. The grounds were laid out in the most
exquisite taste. When evening came on the grounds
were illuminated, and the brilliant lamps sparkling
among the trees and flowers gave to the whole an ap-
pearance of fairy land. There were boat races on the river,
and in the grounds archery and other amusements,
whilst, as regards music and dancing, it was a very
festival of art. The elite of almost every nation of the

world, from Ruisia to Nepaul, were there assembled, and
never in the annals of festivals do we remember such a
reunion of rank, talent, and beauty.
Among the distinguished personages who were pre-
sent
we observed the following:—His Excellency
General Jung Behadur Koonwur Ranajee, Colonel
Juggut • Shumshere Koonwur Ranajee, Colonel Dheer
Shurnshere Koonwur Ranajee, Ruminihr Singh Adhi-
kares Khagee Khurbeer Khutree, Handel Singh Thapa,
Khubee, Khutree, Lal Singh Khutree, the Duke of
Cleseland, the Duke of Leeds, the Duke of Leinster,
his Excellency the Baron do Brunnow, the Count it.
Marescalchi, Chargé d'Affaires of France; his Excel- '
lency the Baron and Baroness Rehausen, the Marcris of
liuntley, the Marquis of Granby, the Marquis of Bath,
the Earl of Belfast, the Earl of Falmouth, the Earl of
Malmesbury, the Earl and Countess of Powlett, the E
atl
of Southampton. the Earl of Shelburne, the Earl of Lens.
I dale, the Earl of Mountcharles, le Marquis d'Azeglio, le
Martinis Contutione, the Viscount Mahon, the Viscount
Muldon, the Viscount Mandeville, the Viscount Anson,
nViidTsscetoomunpnelse Ettohn;
Templeton,
the Viscount Cranbourne, the Viscount Clifton,
the Viscount Dupplin, Lord Avtiini escs loeuy ,
t them a
thefield, the
Viscount
Exmouth,ghtho he Viscount
Viscount Canterbury, the Count de Berke, 'Lord
Brougham, Lord George Paget, Lord Harry Vsne.
Lord Beaumont, Lord Brooke, Lord W. Lennox, Lord
do Tabley, Lord Otho Fitzgerald, the Baron de Gold-
amid, Lord Hurry Loftus, Lord Sandys, Lord Saltoun,
the Countess of Harrington and the Lady Jane St.
Maur Stanhope, the the Vis-
couLtess Forbes ttncl''tohuenMteis:seosf WDeusntcgoamrTen;the Count
and Countess do Rossi, the Baroness de Rothschild, the
Baron Mayer de Rothschild, the Baron and Baroness
Charles de Rothschild, the Hon. A. Willoughby, the
lion. A. Upton and Mrs. Upton, the Hon. H. Bourke,
the Hon. IL Cavendish, them pHont.heCulaound.eAL.yDoeun, Ccoomlontee ls
the Hon. Dawson Darner, .
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l
Ho
Wildman,
Colo Conn
ee
t thl Hilo on n. .CC. F.
Go yt ,h eC
:nue' l }PH
aa n wi
t°ond, Coe .eni re
Sir John Macdonald,Barat.rL, ,Sir Denham No;.
dNaoniea
reys, M.P., Sir Ralph Howard,
B
Miss Howard, General Sir Alexander Woodford, Bart.,
Lady and Miss Woodford, Sir Edward Bulwer Lytton,
Bart.,
,B.Buatrlte.r;sßiravvrt.i.llainamd
sLoamdyerßviuntel.erß,
EdwardM.P., Lady and Miss O'Donel, Lady Morgan, Sir John
and Lady Bayley, Sir John and Lady Campbell, Sir
Sir
rS
hak Edwarderle y
John and Lady Kirkland, Sir George and Lady Smart,
Sir Juhn Lowther, M.P., Sir Thomas and Lady Barrett
Leonard, Sir Edward, Lady, and Miss Sugden, Sir Tho-
mas, Lady, and Miss Talfourd, Sir Frederick Trench,
Bart, M.P., Sir Henry Webb, Bait, Mrs. Grote and
Miss Maberley, Mr. and Mrs. Brereton Trelawney, the
Greek Consul and Madame Ralli, Mr. Ker, M.P., Cap-
tain Lyon, Mr. W. Locke, Mr. Mackinnon, M.P., Mr.
Sergeant Murphy, Mr. Monckton Milnes, B.C.
Neville, Mr. and Mrs. Oliviera, Mr. Pilule, Mr. Packs,
M.P., and Mrs. Packe Reading and Miss Jane Packe, Mr.
and Mrs. Prinseps, Mr. and Mrs. John Sandford, Mr.,
Mrs. and the Misses Thelluson, Colonel Bower, Colonel
Dickson, Colonel, .Mrs., and Miss Aspenhall, Major
Mouetjoy Martyn, B. Disraeli, M.P., and Mrs. Disraeli,
Barry Baldwin, M.P., and Miss Baldwin, M. de Berg,
Mr. and Mrs. Hubert do Burgh, Hon. Colonel and Mrs.
Bagott, M. and Madame Breuil, Mrs. and Miss Borth-
wick, B. Bernal, M.P., Bernal Osborne, M.P,, and hirg.-
Osborne, Henry Baring, M. P., E. Cutler, Esq., H. Sin;.
gleton, Esq., Bailie Cochrane, M.P., Mr. Cubitt,
and the Mims Cubitt, Mrs. and Miss Gore, Mr. and
Mrs. Palmer, Captain Harry Lee Carter, lon. Major
Needham, Mr. Dodd, ,M.P.; and Mrs, Dodd, and Mies
Saunders, the Chevalier Drouet, Mr. Milner Gibson,
M. de Dervieu, the Count de Wielouski, Colonel Lewis,
Captain Warburton, Mr. E. Bligh, Captain Galway,
Captain Arthur, Mr. Thackaray, Mr. and Mrs. Town-
ley, the Hon. General Upton, M. and Madame Scribe,
Al. and Madame Harry, Mr. and Mrs, Chalet Dickens