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

Otrifoniaa 2nit

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 valu-
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-
nected 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 being put
to an expense of nearly 100,000/. 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 ll was printed for private circulation, with a view
to its being introduced into the House of Commons
by the Attorney-General, we might have been led
to suspect that there was some hidden obstacle to
the enactment of a Code. The CJde of the Roman
Law, it is recorded, was prepared in fourteen months,
and the Pandects were accomplished in three years.
Seventeen years have been expended on the prelimi-
nary preparations for an English Criminal Code! We
bele've 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
from the Year-books and " Crok. Eliz.," 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 kill public
measures of this nature ? "An individual," remarks
Lord BanGnam, " unarmed with official authority
can do little in carrying through so great a work.
Even aided by a commission, he 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
unwieldly 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 an-
perintendefland stimulated the proceedings, our whole
criminal law would some years ago have been reduced
to a systematic Code, ar.d the whole civil law would
also at this d:►y have been likewise formed into a Di-
gest. Instead of this F real benefit conferred upon

the peoplP—together with all the othf.r iinpri:voteents
of a Code
lepdrlikot have failed to :,ugge.t—we are, at the end
-7‘ Ofsivenl/een years, I will not say as far as ever from
_Abe accOroplishment of our purpose, but certainly we

I';-

have in point of actual possession made absolutely no
gain.
In the last session of Parliament, a Bill entitled the
Administration of Criminal Justice Improvement Bill,
proposing very great, and in some cases some very
beneficial, changes in the law respecting indictments,
was introduced into the House of Lords by the pre-
sent Lord Chief Justice of the Queen's Bencb. On
the introduction of the Bill, it consisted of no more
than twelve short sections ; in Committee twelve or
fourteen sections were added to it, and in its ex-
tended form the Bill passed, but the measure disap-
peared in the Commons. The whole subject of cri-
minal pleading, it is quite obvious, if there were a
Minister of Justice, whose duty it was ma-
turely to consider and specially to prepare
all amendments of the law, would have been fully
and carefully considered before the measure were sub-
mitted to Parliament, and, under the superin-
tendence oi such an officer of state, would have passed
safely through both Houses. There is no greater evil
than the constant tampering which we see with the laws
affecting the administration of justice ; the most crude
and ill digested measures are brought forward by
persons of very little knowledge of jurisprudence or
practical acquaintance of the law, and good roessur,
often lose much of their value by being dealt with in
detail, without proper regard to their relation to
other enactments, or to the harmony which should
exist between the various parts of the whole
system of law. " How long," demands Lord
BROUGRAM, " must we hold out a spectacle to the
world so fitted to excite pity, if not scorn, as that of
some half-dozen departments each manufacturing
laws by the score, without the least communication
among themselves, much less any common superin-
tendence—all pulling different ways—using the same
words in various senses, or various words in the same
—adopting contradictory provisions as well as terms
—each department ignorant of what the other is
about—all little acquainted with what had before
been enacted—now abrogating without intending to
change—now enacting without meaning to ordain—
in .
short such a Babel of confusion as tends to bring
the spectacle of a popular Legisla'ure into contempt,
if not to place its very existence in peril." The
much-talked of division of the duties of Lord Chan-
cellor would enable the, Government to remedy the in-
conveniences and pressing evils here pointed out, fur if
a permanent Chief Judge in Equity were appointed
to pre:die over the Court of Chancery, the functions
of Minister of Justice might with great propriety be
confided to the removable keeper of the Great Seel.
Lord BROUGUANI supplies several other striking illus-
trations of the necessity of constituting a Minister of
Justice, and, in reviewing the failures of the session,
offers several valuable suggestions to guide the future
course of Law R.-formers, the consideration of which
we must reserve for another article.

The Gazette announces that her MAJESTY has been
pleased to confer the honour of knighthood upon Mr.
EDWIN LANDSEER. Always excepting the fact that
it is knighthood, and not a baronetcy, which would
have been more becoming both to the appreciation
of the giver and the merits of the recipient, the
honour conferred upon the eminent Academician
cannot fail to receive very general approbation.
Small as is the boon, we gladly welcome it as a token
that some movement is being taken in the right
direction by those who have the privilege, not of con-
ferring, but of recognising distinction. The poet,
historian, novelist, or artist, who is worthy of his
name wins for himself, undoubtedly, a far higher
honour, and a more enviable distinction than it is in
the power of Crown or Minister to bestow. A
popular favourite in these days of democracy,
justly felt to bold a prouder place than a protege of
Royalty. Greatness that is "achieved" is immeasur-
ably superior to that which is inherited, or " thrust
upon" its possessor. Yet, while we cannot but
deem SCOTT, the novelist, or LANDSEER, the
artist, to be fully as honourable titles as those
of Sir WAna En or Sir EDWIN, such appellatives
are at least gratifying evidences that real merit is not
always unrecognised in high places. And we Reed
some such satisfactory evidences, scanty and few and
far between as they are, to oppose to. the long-con-
tinued indifference and neglect which men of genius
have encountered from the legislators of this country.
The records of other nations tell a different tale. In
few places can we find a match for the disproportion
of our pension lists, in which thousands upon thou-
sands are lavished upon the descendants of some royal
favourites of centuries back, and our literary fund, in
which a pitiful twelve hundred a year is provided as
the nation's sole offering to its noblest benefactors.
These and many other similarly disgraceful facts
render us doubly gratified by even such a trivial
gift as that just bestowed upon the eminent
artist whose inimitable pencil has so frecriently
attested how skilfully and happily art may rival na-
ture. While congratulating Sir EDWIN upon this
Royal recognition of that genius which has long since
so deservedly obtained for him the popular applause,
we venture to anticipate that the recent announce-
ment in the Gazette is only the prelude to many more
of a similar kind, and the initiation to a system
which, by giving honour to whom honour is due, will
prove " twice blessed" in its effects, ennobling alike
the recipient and the donors.

FIRE AT THE " MARK-LANE EXPRESS"-OFFICE
(Tins DAY) —Shortly before nine o'clock this morning a dis-
covery of tire took place at the printing-office of Messrs.
Rogerson, Norfolk-street, Strand. It appears that the men
noticed a strong smell of burning in the storeroom on the
ground-floor, where thousands of volumes of books were de-
posited, but the cause of alarm could not be ascertained till
an extensive closet had been broken open, where the fire was
found be making rapid progress amongst piles of books.
Assistance was soon at hand, and the brigede en-
gines and firemen, under Mr. Golf, the chief officer, were soon
in attendance, but, fortunately, the services of the latter were
but little required. The portion of the premises where the fire
occurred had not been looked at or entered for some years
past, so that the cause of the fire could not in any way be as-
certained.

DEATH OF THE BISHOP OF MEATH.—The death of
a Chief Jusice in one week has been followed in the next by
the unexpected decease of a Bishop, whose elevation to the
episcopal bunch took place only a few years since. The
Right Rev. Dr. Stopford, Lord Bishop of Meath, expired at
the Palace, Ardbraccan, late on Tuesday night. The de-
ceased Prelate was elevated from the Archdeaconry of Ar-
magh to the see of Meath during the Viceroyalty of Earl
de Grey. Dr. Stopford had been long labouring under the
effects of disease of the heart, but had recently, consider-
ing his time of life, been in the enjoyment of tolerable
health. Ilia Lordship was a member of the Privy Council in
Ireland.

THE LATE BALLOON ACCIDENT.—The Courrier de
la Gironde of Monday says :—"lgt.erday at the Hippo-
drome of Vincennes, an ascension for the benefit of the
family of the unfortunate aeronau44l:...ok place. The
impression caused on the spectatork::i , al catastrophe
of the previous Sunday prevent - ,n from going
en masse to the Hippodronte; for iire*Varktettate that very
few people responded to this charitable: The benefit
of the poor orphans will be reduted-teralptaftrirn ; scarcely
did the receipts amount to a tenth of wifat they were the
week before. The director of the gas establishment reduced
his charge fbr gas one-half, and if he bad not had the gene-
rosity to do so it is probable that the expenses would not
have been covered. The ascent of the Royal Cremorne bal-
loon took place at four o'clock. The car was occupied by
Mr. Goulston and his son, and Mr. and Mrs. Clifford. The
balloon, driven by a south wind, went in the direction of
Blanquefort and St. MiSslard, and descended near those two
communes."

THE BOARD OF HEALTH'S REPORT ON CHOLERA.
—The report of the Board of Health on on the epidemic
cholera of 1848 and 1849 was issued yesterday. There is
little new matter in it, as that part with regard to the course
of the epidemic has already been made public, whilst the
preventive remedies have been described in the reports of
the Metropolitan Sanitary Commissioners. The board speak
very highly of the public Health Act, and the Nuisances Re;
moval and Diseases Prevention Act.
THE IRISH NEWSPAPER PRESS,-.lllOlOSt Sill 3111.•
taneously with the appointment of its founder and pro-
prietor to the lucrative post of Collector-General of Taxes
has ceased the publication of the Dublin Weekly Register, the
once favoured and accredited organ of the late Daniel
O'Connell. The last number was issued on Saturday last;
'Ciet:iTed
the
and of the " old stock " of Repeal journals the 1
isnosewente of itsheonlyfsourrmvievr popro,tuhlearPiti3.
lot h ving long since

------ -
It is just on entering into life, that we anchor by
the passions and affections, and if the ground does not hold
us, we drift away hopelessly.—Eliza Cooh's Journal.
THE ROYAL WESTERN YACHT CLUB.—The mem•
hers of this club have been honoured by, the President of
France with a most polite acknowledgment of the honour
done him by his election as a member. The President says
he is truly sensible of the value of having his name re-
corded in the list of the club; that he accepts it with plea-
sure, thanks the members for their wishes of prosperity to
France, and joins them sincerely in the hope of a lasting
union between the two nations.

MANCHESTER TRADE REPORT, SEPT. 19.—Owing
to the non•arrival of the Atlantic, now overdue, our market
to-day has not been so lively as on Tuesday, all parties hold-
ing off till the tenor of her advices is known. Although the
business has been trifling in amount, there is no appearance
of weakness in prices.

The 0,-01.1, B are shout to est..i.biisis a rree
fink,!;. Pe•ary.

frairl3- frnal London
Brighton carry or an average 2,0 t) pitF,.cngere.

Cheap trips are not confined to Eigland, nor even
to Europe, for the American papers contain announcements
of several from Montreal to Boston.