New-York tribune., 1874-10-22
SOCIAL SCIENCE ABROAD.

m0kCRlEFF-DEFECTs OF 1Hh ENoiLSfi Sio''A"
OF ADMINISTERING IAw-NEcEssrTiEs FOR coDI-
FICAnON- RIGHTS OF woRKMEN - COMMUNISM
ADVOCATED.
IPRoN REGULAR CORRESPONDENT OF TIE TRIBUNE
GLASGOW Oct. 2-The Congress began its routine
work on Thursday with an address on Jurisprudence
by Lord Moncrieff. an able Scotch lawyer who does
not believe that the law in Its present state, whether
in England or Scotland quite entitled to be called
the perfection of human reason. good audience
was present but not large one, nor Is the Congress
what can be called a success in point OF numbers.
When the Social Science Association met in Glasgow
IA years ago. the attendance something like
25OO The number of tickets sold this year, includ-
ing members associates and ladies does not exceed
100 or less than half last years figure. Possibly
the increased number of Congresses of all sorts has
something TO do with the falling off. 1t Is open
to conjecture that the Congress business
il overdune and that it will prove difficult
TO keep up anything like general interest
in 40 many meetings. But Social Science s not one
of those subjects which could be expected to lose its
hold on public attention. As compared with last
year indeed when Norwich was the place of meet
ing, there is large gain in numbers. Lord Hough-
ton was then President, and it required an effort
to regard Lord HOnghtOn as taking a very deep con-
cern in any of the matters to which the Con-
gress applies itself. Now the public docs not like
amateurs-at any rate, 1t viii not take the trouble
TO yislt distant city for the SAX. If hearing a
mans views on a subject of ~Hieh he IS confessedly
not a master Lord HOughtOn IA clever enough 10
compose a good address Oh no matter what topic.
but mere ceverness is less v.lued m England than
accurate knowledge, experience, lad that weight of
character which nsuIes complete scerity of speech
and act Fol similar reason Lord Eoseberys Presl-
dency may have been = mistake. The
probable turn and Importance of the dis
eussions are judged in advance by him who
rs to direct them. You cannot persuade men that
much is tO be expected from young fellow OF Y,
Earl though he be. Lord ROseberv, as have shown
IN former letter, acquitted himself well-much
better than those who elected him had a right 20
expect but that does not help us much With
President too young for real distinction or influence.
there ls also a lack of strong men for the regular
business of the meeting. There are some, but not
many, and NAV perhaps say not one man who, out
of Scotland. would be reckoned first-rate. When
have named Lord Moncrief, Lord HoughtOn, Lord
Napier and Ettrick DR.. Lyon Playfair, Sir George
Campbell and Sir Alexander Grant, have named
all the eminent men in attendance whom think
likely 10 be recognized in America. Some OF these,
even, may not be too well known. The managers OF
the Association would do well to consider whether
there NAV not be some fault in the direction of
society which, dealing with such momentOus SUBJ
jeets cannot induce leading to take part IN ts
work.
The merit of Lord Moncrieff-s address that 1t
undertook to subject Law to the test of practical
htihty-by no means always the first thought IN
every lawyers mind. He bewaed the English ten
dency TO rest precedents and make old law ut new
eases for which 1t was never intended, Bring it.
safd the Lord Justice Clerk OF Scotland to the test
of public advantage, aud inquire how far, in exist
ing circumstances IL is calculated TO promote nstice.
L. o1r la f,,Io
essential to the protection of private right when it
was made and yet productive of nothing but In
Justice now. And he went to criticise from this
point of view the existing law and administration Of
law in England with UNUSUAL freedom. He touched
the fabric at what has always been Thought
one of its strongest pOints-the principle
of Freedom, the basis on which so much
of the whole superstructure has been bnilt. In
its time it was invaluable. 1t is impossible TO say
how much this country, and the civilized world with
it, have been indebted TO the tenacity with which
the fathers of English jurisprudence clung 10 this
sacred principle. 1t pervades the whole system
from whatever quarter oppression was feared
crown, nobility church none were to lord it over
the liberties of England Hence the Habeas Cor
pus-tO protect the subjects personal freedom; the
coroner's inquest-that murder might not 60
punished the Grand Jury-that the innocent might
not be prosecuted the unanimlty of Jurles-to
avert unjust conviction; and private prose
eution. lest the leges should be sacrificed
TO arbitrary and tyrannical measures on
the part of officers of the Crown
Yet the ideas which saved England in times past
may be simply harmful applied TO the affairs of to-
day Liberty is secure. None of the ancient fears
can possess Is it not possible that of the
ancient safeguards may sacrifice too much TO appre
tensions which are matters of history! Some
may think that Grand Jury has too much resem-
blance 10 trying a man in his absence that a cOro
Ders inquest may shield instead of cOnvicting the
guilty, and is a needless and painful ordeal when no
guilt has been incurred and that the necessity for
unanimity in jures imperls the course of justice,
and affords denquents too easy chance of escape.
Right OF wrong in details the spirit that prompts
such inquiries as these deserves all praise and soue
of the inquiries concern us in America as much as
they do the English. Not so. happily, the point of
practice which Lord MOncTietf pronounces most
emphaticaly-the absence Of a Public Prosecutor
one of the crying scandals of English law In
larger sense he adds, the one great sacrifice which
the jurisprudence of England has laid the altar
of liberty its total remuneration of the authority
of the Roman Law and of all the continental sys-
tens built on that stable foundation. 1t was the
law of despotism-that enough. England de-
hberatey cut herself sdrift from the rest of the civ
ized world from all the resources and results of the
legal experience of all nations, and built up sys-
TEN of her own. Lord MOncrief, bred in Scotch
law, which, apart from what it has borrowed
from England is simply a branch of the Eu-
ropean system is keenly alive to the mar
rowness and other defects of the English
system am not sure il might not be good plan
to set Scotch lawyers TO reform English law, and
rice rersa Lord Moncrief discusses with energy
various branches which stand in need Of amend