The Sun.
London, England, 1850-08-15 00:00:00

SUN, LONDON,

CRIMINAL LAW COMMISSION
AND DIGEST.

CORRESPONDENCE WITH THE CHANCELLOR OF
THE EXCHEQUER OR LORDS OF THE TREA-
SURY PREVIOUS TO THE 25TH JULY, 1850, RE-
GARDING THE CRIMINAL LAW COMMISSION
AND DIGEST.

No. 1.

THE LORD BROUGHAM AND VAUX TO THE CHAN-
CELLOR or THE EXCHEQUER.

4, Grafton-street, July 17, 1850.
Sir,—As I held the Great Seal when the Criminal
Law Commission was issued, and as I issued that
commission with the full concurrence of my col-
leagues, most cf whom are now in the Government,
I trust that they and you will pardon the liberty
which I now take in respectfully drawing their atten-
tion to the important subject of this letter.
The Commissioners, the late Mr. Starkie, K.C., Mr.
Amos. Mr. Justice Wightman, Mr. Bellenden Ker,
and Sir E. Ryan, have, with the valuable aid of their
Secretory, Mr. Lonsdale, performed the important
work of digesting into two codes the whole criminal
law, as well common as statute, of the realm. Some
of these gentlemen were added to the original Corn-
mission, partly in consequence of resignations, partly
in order to submit the work of some to the examina-
tion of others—a course suggested by Lord Lynd-
hurst when Chancellor, and of which I entirely
approved.
The digest prepared by these able, learned, and la-
borious men is in two parts, one containing the whole
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of the criminal law rs regards offences and punish-
ments, the other containing the law and practice of
criminal procedure—a work of great difficulty and
importance, even greater than the former digest.

brought in Bills, three several times, enacting the
forms of these digests. They were postponed after
being read a second time, at Lord Lyndhurst's desire,
in order to have them again fully examined by Com-
missioners added to the former number ; and the third
of those Bills, now before the Lords' House, awaits a
further final revision by the Commission, with a gen-
tleman added to i►ts numbers who has already devoted,
in concert with me, much time in preparing for the
task. The late Chancellor approved of this delay
with this view.

It is also fit that the code of procedure, on which no
Bill has yet been introduced, should be subjected to
the same revision.

The advantage of having a new examiner of former
work to go over it is obvious, because it brings ano-
ther mina to the revision ; and I need hardly
add, that if we are ever to possess the inesti-
mable benefit of a digest, we can only obtain it by
the labours of men,—not going through the subject
in a Parliamentary Committee or in the Houses of Par-
liament ; those bodies are wholly incapable of exa-
mining between one and two thousand clauses of a
Bill. The publication for some years of the digest
and Bills has al/owed the judges and the profession at
large fully to examine the work of the Commis-
sioners ; and I have with them gladly availed myself of
every suggestion that has in consequence been offered,
proceed from what quarter it might. The two Com-
mittees of the Lords, to which the digest has been
successively submitted, have never made any progress
in the examination, except by giving publicity to the
digest, and calling to its details the best attention of
all the Learned Judges in all the three parts of the
United Kingdom.
A report having gained ground that the digests
were the work only of the secretary to the Commis-
sion, on whom the Commissioners had devolved the
labour of preparing them, I deemed it my duty to
address three learned persons on this subject, and If
have now before me their answers, most neremptorily
denying the whole of this statement. They express
their astonishment, and some very natural indigna-

tion, at this charge. They affirm -its absolute false-
hood, on their own behalf and also on behalf of Mr.
Starhienow deceased, stating to their personal know-
ledge he had Lboured assiduously on it, and had exa-
mined, discussed, and approved every portion of it,
with his wonted learning, ability, and vigilance. They
give credit to their learned and able secretary, Mr.
Lonsdale, for the most important assistance, but they
claim the work as their own.
I have now to add, that on this important work
there have been spent nearly 10 years, and not much
less than 100,000/. The Commission has by an un-
happy oversight been suffered to expire, and conse •
quently the course, approved of both by myself and
by my two noble and learned successors, Lords Lynd-
hurst and Cottenham, of adding a new member to
the Commissioners, and submitting both the digests
to their full and final revision, cannot be taken; but
the Commission must be renewed entirely. I venture
respectfully to ask yourself and your colleagues, most
of whom were my own when the great work was be-
gun, whether it would be consistent with either the
interests of our legal system, or with the honour o
the country, or with a judicious economy, to leave the
work undone, and thus throw away all the time and
money already spent upon it, without receiving fur
that expenditure any return whatever.
lam told that there are difficulties in the way of
obtaining any further grant of money at this late
period of the session. It is no fault of mine that the
delay has taken place. I solicited Lord Cottenham's
attention to the subject the first week of the session ;
I again impressed it upon him repeatedly, as well as
upon other members of the Government, up to the
very eve of his retirement from office. The unfortu-
nate illness which produced so much inconvenience in
other respects (inconvenience which he did all in his
power to lessen) has alone, I believe, occasioned this
delay ; for which, therefore, no one is to blame. It is
absolutely necessary to have the revision undertaken
during the approaching vacation; but possibly there
may be no time left for obtaining a vote when the
new Commission is to be issued. If either this be the
difficulty, or if the Commons refuse the money re-
quired, I beg leave respectfully to offer either to ad-
vance or to give altogether the sum of 2,0001., which
will suffice to pay the salary of the new Commission
and of the secretary for one year, and that time is
quite sufficient to finish the work.
I need not add that I make this proposal without
the least desire of casting blame anywhere, but solely
from a very sincere desire to see the inestimable bles-
sing of a complete code of criminal law conferred upon
the people of this country, a benefit alike most im-
portant as well to those who live under that law as to
those who are concerned in administering it, whether
the judges of the land or the practitionars of the law.
I have, &c., BROUGHAM.

No. 11.
THE CHANCELLOR OF THE EXCHEQUER TO LORD
BROUGHAM AND VAUX.
Downing-street, July 24, 1850.
My Lord,—l have had the honour of receiving your
Lordship's letter, urgirg upon her Majesty's Govern-
ment there-appointment of a Commission for completing
the revision of the criminal law, and offering, if ne-
cessary, to defray any expense required fur this pur-
pose, in the event of no vote being obtained during
the present session. I have to thank your Lordship
for the offer, of which, however, her Majesty's Go-
vernment could not, under any circumstances, avail
themselves.
I will not enter into some of the topics included
in your Lordship's letter, of which I have no know-
ledge, but it does not appear to be necessary to re-
appoint the Commission on the Criminal Law, and it
VILIS under this impression that it has been suffered
to expire.
Her Majesty's Government are fully sensible of
the advantages to be derived from the labours of the
late Commission, but they believe that this advantage
may be attained for the public without any further
expense, which would rgquire a vote of Parliament.
I have, &c.,
,CHARLES WOOD.

The Vernon Pictures, including also those by Eng-
lish masters which were formerly in the National Gallery,
are placed in a suite of eight rooms on the ground floor of
Marlborough House; the majority of these face the garden,
consequently they have the advantage of almost uninter-
rupted light, for the windows extend nearly the entire height
of the rooms. With the exception of two, the rooms are not
large, wbile the ornamental ceilings and decorations of each
add a richness to its general appearance. On entering the
mansion from the court-yard, the visitor ascends a short flight
.of steps into the noble hall, the ceiling of which, with the ex-
ception perhaps of that of Whitehall, is the finest in the
kingdom, being decorated with th e paintings which Genti-
leschi painted for Charles 1., and which were originally in the
palace at Greenwich. There stand Gibson's group of " Hylas
and the Nymphs," and the busts that were bequeathed by
Mr. Vernon with the paintings. The entrance to the picture-
gallery is from the right-hand corner of the hall, and the
public pass through the whole suite, and leave by a door on
the left hand, close to the entran'2, thus avoiding all occasion
of collision by parties going in and coming out : these arrange-
ments cannot be better, when wa consider the numbers that
will now visit the collectionwith the certainty that they can
see what they go rt =a/.
BRITISH AND AMERICA N STEAM NAVIGATION
COMPANY.—The settlement and winding-up of the affairs
of this company has been referi.ed to the Master in Chancery
Sir George Rose, on the petition of Henry Bainbridge and
Charles Enderby, who state that the proposed capital was
1,000,000/. in IU,OOO shares of 1001. each. Successive calls
of Si. per share were made, and with the proceeds the
company constructed and equipped the British Queen and
President, which made several voyages between this country
and the United States, but the latter vessel being lost and
no profits being made the company gave up business and
sold the British Queen. Calls were made upon the share-
holders to pay oft liabilities, making, with the sums previ-
ously called, a total payment of 601. per share. The peti-
tioners state, that they have paid respectively 4,0001. and
3,2501. towards the liabilities of the concern, besides the 601.
per share upon 50 shares each. It is now sought, under the
Act, to snake those pay the Si. calls who have not paid, in
order that those who have paid more than their equitable
ashmaereegmtahye b.eererdeiimtebrsursteod,daisitidribtt
atstehearme claimsaernegcotnhflemictifnagirl3
the
THE CART BEFORE THE 110 —Hitherto, only assets that remain, amounting
as to
E 6.501.
Mem-
bers of Parliament have been accustomed to take the oaths
ate eptice allotted to each e
and their seats—the former b e the latter. But now that
uentoertaking
Member is so tight a fit. being
from 16 to 20 inches each Member, you 'will have Honour-
able Gentlemen—if moderately
rst and swearing afterwards..— their seat
A Philadelphia lover speaks of the telegraph wires
as "deranged." - A New York journal
tionvi oppor tg partigly Wang.. • adds, "They do some-
_