The Sun.
London, England, 1850-09-20 00:00:00

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LONDON, FRIDAY, SEPTEMBER 20, 1850.

Upon one point in the character of Lord BROUGHAM
posterity will be unanimous,—his name as a Law Re-
former will be inscribed "on a fair and enduring
monument," and it will be confessed that no man in
the times in which he lived originated so many vain,
able improvements in the jurisprudence of this
country, or promoted more successfully the practical
amendment of the law. His Lordship has just pub-
lished a letter to Lord DENMAN reviewing the legis-
lation of the session of 1850 as it regards legal ques-
tions, and, with his characteristic force and perspicuity,
suggests several topics of the highest importance con-
netted with the even and pure administration of
justice, which deserve the most attentive consideration.
For many years the desirableness and necessity of
reducing the criminal law of this kingdom, which at
present lies buried in a pile of statutes, or scattered
in the pages of some hundred folio volumes of reports,
into a Digest or Code has been universally recog-
nised ; but, although it is now above seventeen
years since Lord BROUGHAM, then Lord Chancellor,
issued the Criminal Law Commission, specially with
a view to have the subject of a Digest thoroughly con-
sidered, and although the Commissioners with infi-
nite pains and very great labour reported on the ge-
neral state of the department of the law to which
their attention was confined, and prepared an elabo-
rate Digest of the law relating to crimes and punish-
ments, and criminal procedure—the country beinglout
to an expense of nearly 100,000 L in the preparation of
this great national work—nothing is absolutely yet
done, and we are still debarred, to quote the Noble
Lord's words, of " the possession of a benefit so pre-
cious to both the people, the Bench, and the Bar, as a
complete digest of those laws which the subject is
commanded, under the severest penalties, to obey, and
the magistrate is swore to administer." The de-
sire to have a Code of Laws as perfect as possible,
might account for the tardy progress of a work of
this kind, but here the progress has been so slow,
that one almost suspects that it is about to be allowed
to come entirely to a standstill. Indeed, but that
we happen to know that in the early part of the
present year the draft of a Criminal Consolidation
B II was printed for private circulation, with a view
to its being introduced into the House of Commons
by the Attorney-General, wa might have been led
to susptct that there was some hidden obstacle to
the enactment of a Code. The Code of the Roman
Law, it is recorded, was prepared in fnirteen months,
and the.Pandects were accomplished in three years.
Seventeen years have been expended on the prelimi•
nary preparations for an English Criminal Cole! We
televe that the Bar would be grateful for the pro-
mulgation of a work of authority, that could
be referred to as conclusive and binding in all contro-
versies, which now require appeal to the Mirror, to
BRACTON, COKE, HALE, HAWKINS, and every text-
book, to the latest editions of " Archbold on Criminal
Pleading," and " Russell on Crime ;" not to mention
the countless Acts of Parliament, and the reports
f.-om the Year-books and " Crok. Elie.," down to
DENNISON ! There can be no stronger proof of the
necessity of the work, for the completion of which
Lord BROUGHAM so strongly pleads, than the fact
that within the present or the last year it was neces-
sary for the Court of Appeal at Westminster to pro-
nounce a considered judgment, defining the common
law offence of larceny.

The Criminal Law Commission, we hear with great
regret, has been suffered to expire, although but 2,0001.
more were required for the completion of the Digest,
which expense Lord BROUGHAM, with commendable
public spirit, offered to take upon himself rather than
that the labours of so many years should be wasted.
What stronger argument need we have of the neces-
sity which exists for having all matters connected
with legislation on law, and the administration of
justice, confided to one superintending mind, which
should be responsible for the preparation of all public
measures of this nature? "An individual," remarks
Lord BROUGHAM, " unarmed with official authority
can do little in carrying through so great a work.
Even aided by a commission, be requires the support
of the Government. As Chairman of Select Com-
mittees he may make some progress, but the machi-
nery of Parliamentary proceedings is cumbrous and
un wield ly compared with that of the Executive power.
And I feel absolutely certain, that if, instead of
this work devolving upon an individual Member of
Parliament, a public functionary, clothed with the
weight of high station, and enjoying constant access
to the other departments of the Government, had su-
perintended and stimulated the proceedings, our whole
criminal law would some years ago have been reduced
to a systematic Cade, and the whole civil law would
also at this day have been likewise formed into a Di-
gest. Instead of this great benefit conferred upon
_ _

the people—together with all the other improvements

in our jurisprudence, which the completion of a Code
coull not have failed to suggest—we are, at the end
of !nrentren years, I will not say as far as ever from

tie accomplishment of our purpose, but certainly we