The Sun.
London, England, 1868-02-01 00:00:00

SPIRIT

be absolutely useless to examine the real grounds of
tesentment which was never anticipated or wilfully pro-
voked. Appeals to reason may not improbably fail in
their effect, but humble deprecation of a revenge which is
assumed to be just will only invite aggression. Recent-
history fades so rapidly from the memory in stirring times
that the conduct of the English Covernment and people
at the commencement of the civil war is perhaps but
imperfectly understood. On a future occasion it may
perhaps appear that the moral justification of the national
proceedings was even more complete than the diplomatic
apology.
In the opinion of the Spectator, Mr. Fawcett is a little
too vague and a little too premature on the land laws.
The real point for statesmen to decide, and to decide after
careful scientific inquiry, pursued with caution, but with-
out preconceived determination to uphold a particular
system, is whether the advantages derived from the legal
privileges attaching to real estate are greater than the
disadvantages. To deny those advantages seems to us
at once unfair and unphilosophical. It is from many
points of view an advantage to a State that there should
exist within it some mode of investment so perfect that a
proprietor can protect his children, or widow, or bene-
ficiaries of any kind against their own extravagance and
imbecility, or against fraud, some one security which, in a
commercial sense, may be considered absolute ; on the
other hand, it is a great disadvantage that the most im-
portant manufacture of the country should be forced into
the bands of middlemen, that the tenant farmer should
supersede the yeoman, that the labourer shiuld never have •
a chance of working on his own soil—of carrying out the
" allotment system," so to speak, to its logical conclusion
—that in one important industry ownership and mance
should never go together. It is also a disadvantage that
we should artificially create a system under which less
than 8,000 persons are believed to hold a third of the
:calised property of the kingdom, thus confining that in-
tense patriotism which springs of self-interest, that
healthy pride which comes of independence, awl that ex-
treme sedulousness of industry which is developed by
ownership to a limited class. It is the balance of these
t ngs which has to be struck, and we believe the balance
II lines to the free system, that the great benefits derived
lerivable from the existence of one perfect security for
I estment are derived by a class at the expense of the
sole community. That is our belief, formed after care-
tsl investigation of many tenures, and we are prepared to
justify it; but we have no patience with men who argue
as if the opposite belief had no foundation whatever, or as
if the matter could be decided off-hand by a resolution in
the House of Commons. The House might as well decree
that a new system of logarithms was sounder than the
old, and should be adopted by all men. All we contend
for is, that the subject shall be investigated by men who
are not pledged to the conclusion most favourable to aris-
tocracy, who 'tan see that agriculture is a great business as
well as an agreeable and useful pursuit, who, in fact, bring
scientific minds to one of the most complicated problems
in political science.
The John Bull can only compare the mischances of the
Caledonian and other railways, financially speaking, to
the strange oblivion that living within one's income and
regular accounts means success ; extravagance and confu-
sion of accounts the reverse. When Pitt offered a reward
for the discovery of the best method to defray the national
debt, it has been remarked that of the multiplied proposals
he received he never had one which cut down expenses to
below income. Now in the matters of the Caledonian
Railway it is clear that they have been brought to contro-
versy by a pursuance of no direct plan or standard on the
questions of Maintenance and of renewals, and of distinc-
tions between revenue and capital. Nor have they been
alone in this, for the Brighton and other boards found
themselves in the same dilemma, so that the former has
been forced to advocate the system of biased capital
accounts. But whatever be the issue of such adoption,
the necessity being immediate, the remedy must be so
likewise, so that we, after all, come to the same point,
viz., that the strictest arrangement must be adopted by
which so much is put down to incense, ss much to expen-
diture, it being remembered that the increase of the former
under good management is actually the sole meansof extri-
cating the concern from its present difficulties under bad.
To meet debts already incurred it is presumed stock
must be issued at a depreciated price; after that
the capital account must be closed, and interest,
revenue, working expenses at per cent., must be placed
under separate items, so that, as in the ease of the Brighton
statement, the shareholders may at once see what surplus
remains for profit. When this common-sense plan is fol-
lowed difficulties will vanish, and that it must be followed
is evident—why it has not hitherto been is amazing.
Doubtless, the basis of railway law was obscure, but Lord
Cairns has removed that evil, or most of it, by his recent
judgment ; moreover, the culpable neglect, or more than
culpable chicanery of parties interested, has been difficult
to eradicate, but the sufferings of the public, and coercive
legislation, have much restricted these. Nay, even these
board explosions, like others, clear the air, and we see
after them much clearer than we did before. The special
accountants, Messrs. Allot and Fletcher, in the Caledonian
investigation have; had much unmerited odium to incur;
and the directors have also behaved in a manner utterly
indefensible, but the sequel has been a revelation of reck-
lessness in passing accounts wl:leh it will be the pro-
pretors' own fault ever to be subjected to hereafter. So
far, therefore, good has been achieved, yet, after all, where
management is concerned in any way, the physician must
heal himself.

THE VACANT LORD JUSTICE SHIP.

Lord Justice bolt, we are glad to say, continues to
strengthen. His convalescence, in fact; progresses as well •
as could possibly be, and his enforced idleness is not very
much to his taste. Meanwhile, some of our contemporaries
have been .secluously appointing as his lordship's successors
various members of the bench and the bar. The fact
simply is that the question of Sir John bolt's retiring from
office depends upon the length of time which must elapse
before he can safely resume work. The matter is there-
fore in the hands of the Lord Chancellor. In a short
tiwe, probably, it will be determined within what space
Sir john bolt can, with safety, resume working ; mean-
- while, it *must be .at least some Months before his
lordshiy ought, in justice to himself, t© recommence his
labours, thoaeh in all probability he would, if left to him
self; shorten the perioJ. of his inactivity. If, therefore
the public service admits of the business of the Court of
Appeal in Chancery being transacted by the Lord Chan-
cellor- and Lord Cairns for the requisite period, Lord
Justice bolt will continue his convalescence until he can
reappear upon the bench. If, on the contrary, the Lord
Chancellor should colislder that the public service cannot,
in point of fact, writ, the Lord Justice's resignation is in
the Lord Chancellor's hands. This being so, the minds
of most members of the profession will be divided between
the desire of again seeing Lord Justice bolt upon the
tench, and anxiety lest he should permit himself to restun

work too hastly.- -Sol;e;lor's Journal.
vpp.-ipments should not be governed entirely
by political conAdcrations. Something is due to party
clams, but these sirJuld not ho preferred to others more
weighty. We here many times applauded norninatior
by Whig Mini tries of (iisting&shed lawyers pc'`'
opposed to them to jmjgcships for which there e.
great professi,inal claims. TliereforJ, we canuot but c
mend the reported ,:fer of the vacant Lord Justices 7,
.Apptial to Sir Du:iv:1011 rainier, who will he auknowl
by the whole profet:sion to possess pre-cmim-nt qr
Eons for the high office racat,A by Sir John :no!

The resignation of Sir John Milt is now confirmed. It
had hoped•that, in consequence of the great difficulty
of adequately replacing the learned Lord Justice, his
lordship might have been induced, at least, to attempt to
resume his judicial functions. The state of his health
having, however, r•recluded this, his lordship's resignation
has been finally accepted. Rumour says that the Lord
3 usticeship thus vacated has be?n offered to Sir Roundel'
Palmer, and declined by him. Although many names
have been mentioned, it is most probable that the ap
},ointment will be conferred upon Sir Char:es Selwyn, who
will, in that case, be succeeded in the Solicitor-Generalship
by Mr. Ba Brett, Q C., M.P. for llebston.—lmperial
.Yevicw.