The Sun.
London, England, 1844-07-04 00:00:00

SPIRIT of She PUBLIC JOURNALS. would ask, in the connexion between counsel and client
...- what is there in the sense of duty arising out of such
FROM THE EVENING PAPERS OF YESTERDAY.
a connexion, that should exonerate either of them from
GLOBE.—The Ecclesiastical Courts Bill was among the !
the universal obligations of morality, and the ordinary
measures which, to lighten the Ministerial ship, were cast ,
I rules of right and wrong ? Is it in virtue of any
'overboard on Monday night by Sir Robert Peel, in his state- , . •
mystic influence communicated from palm to palm by
tent as to the course proposed to be taken bv the Govern- 1 transmission of a fee, that the lawyer becomes
'meat with reference to the pending business 'of the session. , the
but charged with
'The history and fate of this unfortunate Bill is fraught with I not merely invested with the privilege,
Snstruction and• warning to the present, and to all future , the duty, of sacrificing every etin prinhciplis e toclien the one
Cabinets. It exhibits the folly„-end danger of sacrificing I paramount object of vindicating t, per
principle to expediency—of committing the preparation and fus aut nefas, at the expense of every consi-
conduct of a legislative measures to the individual whose per- deration, human and divine ? If so, we should
ponal and pecuniary interests are involved in the changes it like to hear some account of the process from those who
proposes to effect, and who must be more or less than are familiar with the operation. It was stated some
„mien if he do/ not avail himself of the opportunity time ago by the Attorney-General, in the House of
to improve his own position, personal or relative, by
Commons,.. on contending in favour of this extravagant
its means. To this fatuity—ffir it is nothing less—do we
inlege, that he supported it for the sake of the. suitors.
attribute the successive defeats, involving diminished influence Pm
mud damaged fame, the Government has sustained in connec- themselves. Now, what we want to know is wherein
ition with theßill,which they have now consigned to its fate ;
the advantage to suitors consists ? We think it will be
sand its equally bad precursor, which was withdrawn from readily granted that it is no advantage to prosecutors to be
the consideration of the House of Commons, by the consent vilified and traduced,nor to witnesses to be treated in the
"of both sides of the House, in the course of the last session. same manner. The accused party, whether he be a swin-
The history of modern legislation affords no instance of dler, a robber, or a murderer, may certainly derive an ad-
the kind so disgraceful to a Ministry. The cumbrous vantage from the obloquy which he is permitted to cast,
and expensive proceedings in the Ecclesiastical Courts through his counsel, on those who are endeavouring to
glad been long and loudly complained of, as injurious to . .
bring him to justice. In fact, the only person to whom
the suitors and disgraceful to the Jurisprudence of the coon-
this monstrous privilege can be of use is the guilty person,
try. A Commission, issued by the Crown, had inquired into
who can only be saved from merited punishment by
the state of these Courts; and, in a clear and well-digested
report, had recommended certain changes by which the ad- the adoption of such execrable means. What then, let
aninisttation of the laws, with reference to the matters over us ask, is the real effect of this privilege, or license, or
which these Courts had jurisdiction, should be assimilated to whatever it nfay be called, upon the administration of
the changed circumstances of society in this country. The ma- justice itself ? We will not mince matters.. The effect is
terials for legislation were thus provided to their hands. An not to benefit suitors, but to drive them out of. Court by
sapportunity for effecting a valuable alteration in the law, by the mere force of the Old Bailey philosophy. We would
removing an acknowledged nuisance—and thus earning for appeal to Mr. Clark, the c`erle of the arraigns, and to
themselves the gratitude of the public—was supplied. It
Mr. Goodman, whose experience in the same office
was lost. The evil spirit of patronage—the desire torander
renders his testimony invaluab!e—we would appeal to
the opportunity, thus offered, subservient to party objects,
deprived the country of the advantages it would have these gentlemen, whose characters, as private indivi-
derived from an honest Government. The Bill introduced duals and as public officers, give the highest authority to
by Dr. Nicholl in the last session was " too bad" their statements, whether it is not a common case to hear
to be entertained by the House of Commons. prosecutors express their regret at having prosecuted, and
;However well disposed a majority of that House was, not only express their regret, but declare that they would
at that time, to gratify the Government in anything reason- rather submit to the loss of their property, and allow
able, that experiment upon its compliance with Ministerial
'wishes was too bold to be admitted. Its manifest design to the thief to escape expose themselves or any mem-
bers of their fam
:aggrandise one individual—and he the concoctor of the mea- i than
lies to the observations with which
assure—at the expense of the public interests, was demon- they had been unjustly assailed by the pyisoner's counsel.
otrated by the Opposition. After struggling hard to overcome The effect of this privilege, therefore, is to obstruct the
the objections, Dr. Nicholl withdrew the Bill in its original administration of justice in limine, by driving people
ashape, and introduced many alterations and modifications. away from the Court, and inducing them rather to
Jt was changed, but not mended. The House still showed submit to their losses than apply for redress, or even
too determined a dislike to the measure, that it was with- accept of redress, with its invariable accompaniment
.drawn. The Lord Chancellor introduced the Bill of the pre- of- abuse and detraction. Lord Brougham was as-
tent session. It was to have been expected that experience suredly carried away by professional enthusiasm,
*would have imparted wisdom. The new measure, it might be or by that love of wrangling which is, perhaps, in-
/safely predicted, would be, if not perfect, at least free from
separa
ble from a great advocate and debater, when he
great errors and defects. A third failure would, at any rate, be
guarded against by a Ministry not wholly indifferent to eha- could think of referrin to the
of t progress of a trial as
Grader, nor insensible to the necessity of preserving appearances, affording a favourable instance
in order to maintain themselves in office. This, we say, was to talent. However interesting, such proceedings as are daily
be expected ; but th:s expectation was far from being rea- exhibited in our courts may be to the Noble Lord, and to
lised. Even in the House of Lords, although introduced by those who think with him, we can conceirs nothing more re-
the Lord Chancellor, the manifest errors and defects of the_ puleive to abenevolent mind thei that scene of noisy decla-
-33i1l were so forcibly exposed by Lord Cottenham, Lord
°Campbell, and other Noble and Learned Lords on the Oppo- mation and gross humbuir and virulent invective and brutal
rs,
make up what is called an
demeanour, which combine to .
anion benches, that the Lord Chancellor, and the Peers who
are his echoes in that House, were unable to screen it from important trial, or a good sporting case, at the Old Bailey.
t:tnerited reproach : they merely apologised for its imperfec- His Lordship's own description of the process, though
Lions. The Bill came down to the House of Commons with evidently coloured so as to favour his views, will scarcely
a character,by no means recommendatory ; and the debate inspire such a man as we have described with any violent
-which arose, and the division on its second reading, followed inclination to be present at the performance.
by the opposition in Committee to passing its first clause, in- " The jury," observes his Lorship, " see the witness ;
•dicated too plainly to the Premier the hopelessness of endea- they have the opportunity of watching his demeanour
vouring to preserve it from the fate of its predecessor. The while giving his evidence, and then they see him
_solemn asseveration of Sir Robert Peel, with reference to the submitted to a cross-examination ; after which comes
former Bill, "So help me, God, I have no personal interest his counsel, comforting and restoring, as it were,
in the measure:" was abortive for the purpose for which it
the poor man, after the flagellation he has under-
-was employed on the former occasion ; to have repeated the
.oath would have been an act of prodigality in swearing Zone, and setting up the broken credit of the
-which would have looked like profligacy. There remained"witness, damaged by the cross-examination. Af-
then, no alternative but to-'throw the meastire over- ter the cross-examination of the adverse counsel,
board. And this has been doie ; and in a way signi- which has impaired the credit oflhe witness for a mo-
ticant of the chagrin which Sir Robert Peel has expe- silent, then comes the skilful counsel, who restores and
.riencod by the necessity laid upsn him to free himself, comforts the poor man, and gives a better opportunity of
Srom the incumbrance. The history of this signal miscarriage- explaining the case and setting himself right with the
5n legislation is a sad comment on the promise of law reform my , until at last the conflict being over on both sides,
•wittw ,i.hich the present Ministers entered upon office. What the-
evidence of the witness is fairly before the Court."
they would do in this respect was trumpeted forth in the
Ispeech from the throne ; and public expectations wereraised But how often does it happen that the evidence of the
.iiigh as to the measures which were to follow the announce- witness is never fairly before the Court ? Suppose the
-iieut. What they have done has been seen. 'Their only case of a poor nervous man, or of a delicate and timid
'natured measure is their Bankruptcy Act ; and of that, and woman, how difficult would it be to restore and corn-
their appointments under it, there are scarcely two opinions. fort either of them after flagellation, so as to enable
STAN DARD.—The debates in the two Houses of Parlia- them to become collected and appear in their proper
"xnent, last night, were long and interesting. In the House of characters of truth and honesty ! But let any one who
3.orJs the Sitgar Bill was discussed pretty tully. The argu- suspects us of exaggeration go to the Old Bailey and
3acnts upon this measure are already familiar, but the genius judge for himself—let him observe the conduct of coun-
esf Lord Brougham gave to the discussion an attraction of
sulmost as much force as the charm of novelty. His sel to female witnesses on the opposite side, and if he
Lordship disposed of the suggestion, that in Java, the do not feel his heart throb with indignation and shame,
Manillas, and China, there may linger a system of we can only say that he is fit for the place to which we
*qualified slavery, greater or less, but in all of small amount, have sent him. But, as it is possible that we may revert
by marking the broad distinction between these countries to this subject again, we shall say no more for the pre-
tend countries like Cuba and the Brazils. In the former, if sent than express an ardent hope that something will be
there is (which is doubtful) slavery, there is certainly done to correct an evil which, so far from showing any
;no slave trade ; consequently the taking or refusing disposition to cure itself, is evidently on the increase,
.of their produce cannot go to augment or and the effect of which is most injurious to the ends of
,to diminish the amount of slavery. This distinc- justice and the reputation of a great country.
Lion is decisive. Slavery iu substance exists every-
-where—for everywhere the vry poor are the slaves of the
:very rich, to say nothing of the. slaves whom superstition en-
sthrals, as in the more ignoant populations domineered over '
"by the Church of Rome. As long as poverty and ignorance
sere inseparable from the condition of humanity, the sub-
xtance of slavery must afflict most countries in one
shape or another ; but in well-governed countries this
,slavery will be in a constant course of diminution. In coun-
tries, on the other hand, in which a slave trade is practised,
:slavery must, from the nature of things, grow with their
-.growth and strengthen with their strength; and whoever
.adds to the resources of such countries, either by enlarging
their commerce, or otherwiseris in effect as much a'slave trader
as he who exchanges muskets and gunpowder for
human beings on the African coast. There is one
hassage of Lord Brougham'e,se6a- reflectii'g honour upon
is Lordship, because, it saft, far better than we could say
it, what we have a thousand tunes laboured to inculcate, not
.only with reference to the slave trade, but to the new poor-
law and the factory question, namely, th'it every system of
political economy, which does not take for its basis the moral
law :and the spirit of Christianity, is unsound, and must lead
telisappointment.

THE ENGLISH SPY SYSTEM.
The people of this country have been accustomed, for
many years, to boast loudly of the open and straight-
forward character of all authoritative proceedings, and
to look down with contempt on the continental nations.
for their tame submission to the abominable system of
e.pionage in which their governments so generally in-
dulge. It would appear, however, that we have less
reason to plume ourselves on our superiority in this re-
spect than we had fondly imagined. The recent trials in
Ireland show that substantial justice may be made to
yield to the necessities of a State prosecution ; and the
public have just been made aware, through the medium
of proceedings in the House cf Commons, that the race
of official spies is not yet extirct in England.
There is nothing more abhorrent to the minds of
oitr countrymen than any invasion of the sacredness
of private correspondence. The law punishes the
opening of a letter as a gross misdemeanour, and the
person who should be discovered taking advantage
of the opportunity to read any private paper, inadvert-
ently left within his reach, would feel himself degraded,
and would justly be regarded as a dishonourable, if not
a dishonest, man. The general prevalence of this feeling,
and the stringency of the regulations that have been
adopted in regard to the transmission of letters, have
naturally led to an unbounded confidence in the honour
and integrity of our Post-office department. No one
has doubted that his communications, from the moment
they were put into the Post-office slip till they were de-
livered at their destination, were as safe from the prying
eyes of curiosity, as if they had been inclosed in a case
which no one could open but the party to whom it was
addressed.
Such, however, is not the case. The whole na-
tion has been startled from its propriety by being
told, what was formerly known only to a few, that Go-
vernment has the power of granting warrants for the
opening of any letters passing through the Post-office,
and that this power has recently been] exercised to a
considerable extent by that most -honourable itrid con-
sistent of all Home Secretaries, Sir J. Graham. There
is, it seems, a separate department at the General Post-
office for examining correspondence, furnished with all
the necessary means and appliances for opening letters
and closine. them again in such a way that the gross
breach of trust can, with difficulty, be discovered.
Think of the confidential officers of the British Govern-
ment gravely employed in steaming wafers, procuring
duplicates of stamps, and taking impressions of seals, in
order to conceal a disvaceful attempt to get at the
substance of letters passing through their hands !
We are yet ignorant of all. the purposes that Sir J.
Gruham.has had in view in invading the fancied sacred-
ness of private; correspondencee! ; for,' when questioned,
on the-point, he answers nothing, but falls back with,
silly iteration on his responsibility. as a Minister. • The.
cases that have been exposed, however, show that to the
meanness of making himself a spy, he has added the
degradation of tracing out secrets for the use of foreign
despots, at the expense of national honour and national
hospitality. What a precious employment for a British
Secretary of State !
The last debate on this subject in the House of Com-
mons was one of the moat damaging for Ministers that
has occurred during the session ; and even the division
must have taught Sir James Graham that his conduct is
indefensible. The Times. sarcastically wishes him joy of
his majority of only 44.
On the who!e, we are pleased with the tone taken by
the Whigs in the course of the debate ; but we should
have liked that they had insisted a little more strenuously
on the necessity of putting an end, at once and for ever;
to the obnoxious powers by virtue of which Sir James
Graham has acted. The plea of State necessity we hold
to be utterly untenable ; for all the disadvantage of
allowing the Post-office to be made the means of convey-
ing treasonable suggestions must be more than counter.
balanced by the feeling of security which the suppression
of so disgraceful a system of inquisition would inspire.
Moreover, of what avail are their powers likely to be
now? So long as their existence was unknown, a Home
Secretary might be able, justly or unjustly, to put him-
self in the possession of the secrets of political opponents
or traitors ; but now, who is there that has any design
against the Government that would trust his communi-
e,ttion to the Post-office ? The exposure of the spy
system has fairly defeated its object, and the sooner it is
abandoned with a good grace the better.—Aiierdeen
Heiald.

TFIE OLD BAILEY BAR.
(Froin the Stineley Time's.)
In the course of the allusions which we made a short
time since to the case of the wills forgeries we, stated
that our object was not . so_ much to trace that case •
through its circumstances, which was the province of the
jury, as to make it the foundation of a general call upon
the public t , consider, and, if possible, to correct, through
these representations, the evils
.which have grown out
of the license indulged in by counsel in the defence
'of guilty men. It would scarcely be possible to select a
rbetter case to illustrate these evils than that of Barber,
alefunded as it was in the full tone of the Old Bailey ve
ir-
.
'nacular, by Mr. Wilkins. ~llis, client was the most n-
jured wan in the world ; nothing could surpass his wrongs
.41reeptbis virtues. ''l'he ptirity required by Cmsar in his
write, was a Moderate qualification compared with the
Turity ascribed by Mr. Wilkins to his client. Cesar;
:indeed, was guilty of a moral cowardice when he could
:think ,of repudiating his Wife merely because she was
slandered ; but Mr, Wilkins betrayed no such posit-
ilanimity. On the-contrary, he seemed to consider it
to feather ih his client's cap to be tried for fraud by the
justice of his country. It was an honour to be employed
'by him—quite a moral distinction to touch a fee from
such a band. Neither the verdict of a jury nor the sen-
tence of the judge could disturb the imprcit confidence
Kif the advocate in the rectitude of his client's conduct.
.Juries were fallible, judges were fallible—in short, every-
thing on earth- WaS felt 151 e but -.Mrs Wilkins's pene-
tration and Mr. Barbsr's -futile. As for .prosecutors
Wind • witnesses; they were not only fallible, but
congregated and combined, like evil spirits, in a
league for the overthrow of innocence. But, to speak
seriously upon a matter which is, after alj, of very se-
aious ipiportance, it is, as we have' said, in vain to look
to the judges for the protection of prosecutors or wit-
messes ; they seldom or never interfere. They did not
interfere with the case of which we have been speak-
ing, when Mr. Wilkins thought it not beneath him
to attack the character of such a man as Mr.
l'reshfield, the Bank solicitor, in the hope that some
ignorant person on the jury might be persuaded to
consider his conduct oppressive and unjust. It is not
for Mr. Freshfield's sake that we regret the indiffer-
ence manifested by the judge on this occasion. His
character stood too high to be affected by anything that
• :Mr. Wilkins could say or-do ; but if judges will not
sympathise with such men as •Mr. Freshfield, how can
they be expected to sympathise in more doubtful cases
'with men who are not so well known, and consequently
mot so well protected from Misrepresontstion ? It is,
-therefore, a delu,ion not to supsose that prosecutor
—or witnesses, and especially the latter—find pro-
tection from the judge, and, therefore, it is
the more necessary that something should be done,
mow that the evil is on the increase, to protect the
public by other means. The gentlemen of the bar call
such a case as that of the will forgers, in the Old Bailey
slang, " a good sporting case," that is, a case in which
• prosecutors and witnesses are to be run down and every-
. 'nhing, and, amongst the rest, that ill- fated personage
nth, sacrificed to the worthy character in the dock.
.According to this interpretation of the word sport, Mr.
'Wilkins is certainly a keen sportsman ; he cares no-
'thing for himself, he rides, as beggars are said to ride,
straight onward to a-certain destination. There is no dif-
*sully, however formidable, that can arrest his pro-
gress, or turn him from the one great object of
:sacrificing everything to the interest, of his client. So
confident were the contluctors of the prosecution that
-brow-beating would be resorted to in the case of Barber
that they felt it necessary to subpoenathe Lord May : '
-and Mr. Goodman, the chief clerk at the Mansion-house,,
and to keep them in attendance day after day, as a check
upon the imaginative faculty of Mr. Wilkins. Even
siker all the precautions that could be adopted, the Bank,
at Bank solicitor, the magistrate, the press, the wit-
mesaes for the prosecutioe, nay, the very judge him-
' -self, were, all of them, in one shape or other, ex-
-posed to the animadversions or insinuations of the
prisoner's counsel. But this out-and-out mode
of defence, although it is certainly calculated to attract
:the notice and admiration of the great mass ref indivi-
.duals charged with offences, has never failed to obtain
• for hint who uses it the scorn of those who think that
society is likely to he endangered by the escape of an
ingenious villain, defended by a dexterous lawyer, whose
-sense of right and wrong, however perfect in itself, is
never permitted to interfere with what he calls his duty
to his client. One would think, from the exaggerated
;language of lawyers respecting this duty, that there was
something in the connection of counsel and client which
exempts parties from the ordinary obligations of truth and
justice. No barrister will pretend that he would be
Justified in imputing falsehood directly or indirectly to a
Person who, he knew in his heart, had told the truth.
No man of common honesty would dare to make such an
POlntritt r 'tonsists the magic of that
seietiaorStrA
**IP *1 .4-s compact implied in the
/." - -4410jtigi
.;
,- d
~ which justifies, or is sup-
' '-s- '91"10,1:X
re
for another what he dares
the acquittal of a guilty
innocent
- • r, - ; • : , Ts,f,t( •
CI rw•bYs
4147 f t of one or more i
.ion of their motives, their
? What is *ewe, then,' we'
N a

WOOD PAVING IN TUE CITY.—A Court of Sewers
was held on Tuesday at Guildhall, at which about thirty Coin
missioners were present, including Sir P. Laurie, Mr. R. L.
Junes, Mr. Deputy Peacock, and Alderman Gibbs, who pre-
sided. The almost interminable question of wood-paving
again came under discussion, in consequence of the attend-
ance of deputations from the inhabita4ts of Fleet-street and
St. Paul's Church yard, soliciting the confirmation of a reso-
lution for paving these great thoroughfares with wood, which
had been passed on the previous Could day. Mr. Deputy
Peacock moved that the resolution be rescinded ; which
having been seconded, Sir P. Laurie observed that he was
opposed to wood-paving, not Only because it was unsafe, but
from a conviction that it would entail a greater expense than
stone on the citizens, and he, therefore, thought he was ren-
dering the inhabitants an essential. service by supporting the
motion for rescinding the resolution. The motion was, after
some further observations, put and carried, thus deferring
wood-paving for the present. The deputation, consisting of
about fifty persons, retired, expressing disappointment at the
result, and declaring their intention to procure the conven-
ng of wardmotes as early as possible.
BIBLICAL IhnuomANlA.—At the sale on Tuesday of
the theological division of the late Duke of Sussex's library,
two instances occurred of very large prices being given for
old and curious works. The first was "Psalterium Davidis,
cum expositione Gabrielis Brebite." It was the first edition
.with this commentary, printed on vellum, and excessively
rare. This copy (which is a beautiful book and the only one
in existence, except one in the King of France's library) is
hound in blue morocco and gilt leaves. Alediolaiii (Valdar-
fer) 1477. It sold for 50L - The , second lot that produced a
very large sum consisted of the " Biblia Sacra Ifebraica,
cum punctis et accentibus." It was a very ancient edition
(having been printed at Naples, as is supposed, about 1491
or 1492), and is printed on vellum. It was Dr. Williams's
copy, at whose sale it fetched 99/. 15s. Sold for 1351.
DEAL, JULY I.—The beacon constructed by Mr.
Walker, has been placed--br the Trinity Yacht, on the,
eastern end of the Goodwin Sands, and at present stands.
conspiettms and secure.

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