The Sun.
London, England, 1828-04-26 00:00:00

`_>PIRIT OF THE PUBLIC JOURNALS.

The scale of corn duties proposed by Mr. Benetr,
of Wiltshire, affords a good sample of what might
be expected were those who call themselves the
landed interest suffered to have the feeding of the
nation left in their own hands. The resolutions of
that excellent, but on this subject most wrong-
headed gentleman, are but a mask, and a thin one,
fora regular prohibition of foreign corn ; and there-
fore are so far worse than a declared prohibition, as
dissimulation is worse than barefaced oppression.--
imes.

Among the proofs which every day produces of
the enlarged and liberal feeling with which England
and France have begun to regard each other, we
know of none more striking than is exhibited in a
volume now before us, The History of the Peninsu-
lar War, by Lieutenant-Colonel Napier. To this
work, written no less with the spirit of a freeman
than of a soldier, and recording the events of a pe-
riosl so full of hostile and rival recollections to both
countries, the Duke of Wellington has, we se,',
lent the sanction of his high name on the one side..
while the Duke of Dalmatia has cheerfully anntri-
bated his aid and advice on the othor. Some twenty
years ago, who would have dreamt of such a pheno-
menon ! In another point of view, this able work
proves that a soldier, who wields the pen as skilfully
as the sword, should alone he the chronicler of sol-
dierly achievements. We remember that Pliny, in
sending some verses to his military friend Maxi-
milian", says, passercullus et colunibulis nos-
trig inter aquilas vestras debit pennas." We could
name certain busy magpies of Parnassus, who are
'till more out of their element among the eagles of
the Peninsula.—lbid.
In the speech of Mr. Horace Twigs, in the debate
on the motion of Mr. Michael Angelo Taylor, in
which the defects of the Court of Chancery are
very ably and characteristically described, it is
observed, " that it would be better not only for the
public, but even for the Bar themselyss, that the
business of men in leading situations were less than
it is, sG that their leisure might be something more
The present state of the profession allows no time.
ss a liberal profession ought, for the general cultiva-
tion and improvement of the mind--nor for keepine-
up with the common current of society—nor for
needful exercise and rest. That was not a state of
things in which it is desirable that the members of
'etch a profession should be placed. It was said by
Burke of the French of his day, that they were
so incessantly occupied, that their minds never
had time to cool sufficiently, to enable them to
form a correct judgment respecting their labours.
It must be from the necessity of this constant
turmoil, that of all classes of men, the English
lawyers possess, perhaps, the least comprehensive
minds. In their hands law is not a science, but
a low craft. They possess no powers of classifi-
ration awl arrangement. A strong memory and
a certain description of astuteness are all in all with
them. Mr. Sugden's speech may be read with
profit by any one who wishes to know the sort of
mind which a genuine English lawyer possesses.—
Mr. Sugdeu is allowed to be an excellent property
lawyer, and an able and dextrous advocate. But as
far as science of mind is concerned, he ranks very
low indeed. He has evidently no idea of generals
and particulars. Whether he might he taught to
think we know not : but in charity we must presume
he has never vet had leisure for reflection. When
he observed that, with respect to the Gentlemen of
the Bar, so far from being unfriendly to reform, if
they had any fault, " it was an over anxiety in
favour of innovation," he was interrupted by a burst
of laughter. We have not the slightest doubt that
he sincerely believed that he was stating only the
truth. His mind was in fault and not his
Let us take in proof, his reason for giving bank-
ruptcy cases to the Court of Chancery. " From
the nature of cases of bankruptcy (he observed)
which were some times so intricate and difficult as
well as important, he considered it unadviseable to
have them referred to any Court of inferior juricdic-
tion. They were eases, for the most part, which
were wrapped up in great fraud and in perjury,
which rendered the application of great skill requi-
site to unravel and detect them." Now Law
must he general, and where Law is framed on sound
prineirdes there can he little difficulty in applying
it to any case of which the facts are as-
certained. The difficulty in the case alluded to
by Mr. Sugsden, is not a difficulty of Law, but a diffi-
culty in the elucidation of the facts of the case.
This is quite distinct from Law or forms of proceed-
ing. Now, if a case is of an involved nature, is it
not quite clear that the Lord Chancellor, or any
other Judge, is not the person to unravel it ? His
attention is given necessarily to too many objects, to
enable him to bestow a sufficiency of time to the un-
ravelling any complicated scheme of villainy. This
process must necessarily be confided to others. It
is only Where some point, common to that case, and
to others, occurs, and where the Law bears upon it,
that the functions of the Judge commence. The
confusion of idea in Mr. Sudgen obviously arises
From his being unable to distinguish between the pro-
cess for arriving at a knowledge of facts, the forms
of procedure, and the application of general rules of
Law. As far as Law is concerned, there can be no
difficulty in Bankruptcy cases more than in other cases.
But there must bo great difficulty in arriving at a
correct knowledge of facts ; but this is a difficulty
which a Lord Chancellor cannot possibly surmount.
rezing Chronicle
Mr. Charles Grant when he introduced the Re-
solutions on the subject of the Corn Laws, said,
that he considered the principle which he was
establishing as a rock whereon future measures of a
more beneficial tendency might be founded. Though
that rock was then hut lndifferently clad, he said,
though it bore but a scanty crop of coarse vegeta-
tion, time .would cover it with a richer mould,
and better plants would find nourishment on
its surface. The plain English of this was, that
by making the importation of corn subject to a
duty, instead of prohibiting importation wholly or
Partially, Government had succeeded in establishing
a principle, the practical application of which might
be afterwards modified as circumstances required.
If they changed in one direction the duty might be
increased, if in another it might be diminished. Our
opinion of the Resolutions 'of the present year
has been repeatedly expressed. We like them better
than those of the preceding one, because they give
more protection to the agriculturist. We should have
preferred, as something plain and intelligible to
all capacities, a fixed rate of duty, neither falling
as corn advanced in price, nor rising as it fell:
and failing that, we should have wished for a suffi-
cient duty for the medium price, and that the in-
crements and decrements down and up from that
point, should have been uniform and constant.ut
we have lived too long in the world to quarreli with
a flood thing, unless it be given to us at our own
time and in our own way, and, therefore, we are
content to accept of the scale proposed. IN's' feel
assured that it will work well, and we would have
the agriculturists to follow the advice of the old
proverb, hid God bless the giver, and not look the
gift horse in the mouth. There is a danger that by
joining to strengthen the hands of those who are op-
posed to the proposition of Mr. Grant, they may
get a worse Bill; they have no chance by such
coadjutors to get a better one than he promises
them. Since we last touched upon our present sub-
ject sesecond Report has been presented to the House,
drawn up by Mr. Jacob. We are by no means dis-
posed to undervalue Mr. Jacob's talents, but we do not
i
think either his present or his for: er Report have any
real connection with the questioN at issue. The only
fact established in Mr. Jacob's fig at Report was, that
wheat was dearer in the Continental market than
had been asserted : the only fact established in his
present Report is, that there is somewhat less wheat
stored up on the Continent than we had beets led to
believe. We do not think that either the one or
the other is proved so demonstratively as has been
alleged, but we are content to take them for granted.
The deduction sought to be drawn from both is, that
a much smaller protecting duty would be sufficient

for the agriculturist. Now We do not mean to con.
tend that if the average price of corn en the Conti-
nent approached the price here, and if the supply to
be expected even at that high average were but
small, a small duty would sufficiently protect the
English farmer. But then a high duty would do no
ill to the English public; for the imposition of the
small duty goes on the assumption, that while it
continued, no corn, or very' little, would be imported.
Why then, while the highness of the average, and
the smallness of the stock, are not, to say the leas',
fully proved, why should we incur a hazard which,
by the showing of those that call for it, can do no
possible good ?—.Areze Tinos.