Current:

Leader (1850-1860), 12th April 1856, Edition 1 of 2, Page 356

Page 356
Page 20
20 of 24

On this page

  • Departments (1)
    • , /^\ r\ 1. CJD110 MTI$, <?
  • Text (6)
  • Transcript

    • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

      Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

      Untitled Article

      justice should be easy or certain is impossible . It can only be attained by a stupendous succession of trials and appeals , consuming the estates of the litigants , and aggravating , term after term , the accumulation of precedents , tlie anomalies of juridical practice , and the difficulties of codification . To codify the laws , is to suppose that the laws are positive , plain , and harmonious . But to elicit the real English law on all subjects from the mighty mass , partially repealed , partially obsolete , frequently unintelligible , almost invariably susceptible of two constructions , of the statutes at large , would necessitate a session of declaratory legislation , and compel Parliament

      until recently , the practice to confer a retrospective operation on every Parliamentary enactment , as far back as the commencement vt . session . A person committing an act perfectly legal in February might be , and often was , punished for it in June ; a prisoner accused of a secondary offence in the spring , found himself , sometimes , condemned in autumn to the horrors of Execution Dock . In illustration of the axiom that every citizen is supposed to know the law under which he lives the old anecdote is cited , of the five men , standing in a field , wlio lived under five separate codes . In a marriage case celebrated in our courts , Edmund Lollv after taking the opinion of counsel , as to the non-validity of a marriage mw sentenced to transportation for bigamy , and suffered two years" in theYulk ' *

      . But this subject—marriage—being the personal concern of every citizen is wrapped up in a hundred folds of obscure and intricate legislation . The W which , says Mr . Phillimore , might be contained in a few lines , is contained in about sixty enactments ., besides that relating to the Royal Famil y . In Great Britain a marriage contracted north of the Tweed is valid on the * south , but a marriage contracted on the south is not necessarily valid on the north . Thus the Scotch judges have dissolved a matrimonial union ceremonially leo-alisedin England , while the English judges have no power to take his privileges from the blacksmith and bell-ringer of Gretna Green . °

      A succession of maxims , bearing on every point of modern jurisprudence has been selected hy Mr . Phillimore , and commented upon in a critical and scholarly style . In one respect , however , the book is not wortliy of the subject . It betrays a disposition to flippancy , and to acrimony . " For the sake of a pleasant anecdote , Mr . Phillimore passes a sweeping and " reckless censure on the line of English judges , suggesting that , in every case of a disputed nassage in a will , decided in the English Courts , the result would hare been more equitable if the judgment had beeu reversed . He has heard of an abbot who issxied an order compelling all his monies to dress in white . When the ori ginal order was found , it contained these words on the margin , "Blanc , e ' est a dire , no jr . "

      to debate and revise every clause of the written and unwritten law , for no epitome , code , or abstract , would have any force in a court , if the words of the original act could be cited in a discrepant sonse . Thus , the Legislature has created ifes own perplexity ; but , though this evil is enhanced every time that a new act is passed , or an old act modified or repealed ; it is a fallacy' to suppose that the principles of E ng lish jurisprudence flowed untainted from tlie original receptacles of tbe Koman law . For every evil that has accrued from our own disorderly methods of legislation , some other anil greater evil has disappeared in the presence of reform . Much as it has been

      the affected fashion to laud old times and manners , the devotees of the past cannot adduce in its favour the language or the maxims of the published law Mr . Phillimore quotes some wonderful . examples of verbal tortuosity and obscurity , belonging to erudifcejuid polished times . When it was proposed to thestudentto argue << whether goods taken in Wituerham are irreplevisable , " and declared - that tlie seisen to feed Contingent Uses by a Scintill a iuris , is m nubibus , ra mare , in terra , or in custodia legis , " it may be conceived how * L ?^ £ ^ J ^* & OVei ; the law ' - «»* P- the most iniquitous jud ,-nints could be concealed under

      . a surface of corrupt technicality . Lord Eldon disliked th jargon of « ie Courts , and gave his decisions plainly , one of them , bang as follows : "Having had doubts upon this will for twenty years , there can be no use in taking more time to consider it . " Cromwell swept the La . w Latin even out of Chancery , but it was restored by ' the SJmJSS . ?^?? f f It * ° T ?? V with al 1 the unmeaning forms and artifices that constituted . the legal Kabbala , and other worse customs , sanctioned by the feudal spirit . It was in harmony with this tvne that tli « ™ -nr . hi ™»

      Wot allowing debtors to be immured for life and treated as criminals " Sir wSSvhi- ° - ? T v ? ? ' ™ OU V ' hy . * PWliw » eatary committee loaded with chains an the Fleet prison , where within the present century , a wretched insolvent perished of starvation . Yet the law waf not barbarous , because no illustrious jimstsupplied the commentaries of wisdom , on experience . While £ oke amassed his annotations , Dumoilin , styled by D'Aguesseau the greatest ^ tero an ^ that ever wrote on jurisprudence , compiled that folio which contains the standard of the French customary and feudal law . In one school S i anf Scmtilla ^ Juris were preferred ; in another ; Lamoignon ' s noble code became nn established authority , aad . JSodin , Machiavel , Grotius , WM S Yr Montesquieu constitute the series of commentator , placed by Mr . Plnlhmore m contrast with the vague and verbose pedants of the fifteenth and sixteenth centuries . From the consideration of authorities he

      proceeds to tlie consideration of principles , starting from that of the Natura Law , which is to be obeyed by the originators of the Artificial Law . Ko better illustration could be chosen than the decree promulgated in Holland , SSl ^ Ttt ^ f ^ i ™? * i dam shall be punishable ' vith death . The iS ^ w f England affixed to this offence the same penalty , not consider , ing that , to break down a dam in England was to commit a venial oftence against property , while to commit such an act in Holland was to endanger the nation , i here would be every difference between tbe crimesdifference of motive and of result , yet there was a time when the English jud unanimous

      ges were ra resisting a modification of the law . When to this literal method of legislation was added a literal method of interpreting the laws , equity may be said to have been driven from the Courts . Thus , in the ™ f ™ °° f Jt WaS * maxirn that ' wIien anything was borrowed , to refuse 2 Sw * " ? ° ^ ' ' yet exce I ^ ° ns were allowed , as when a man having lent a sword , and turned in a fit of madness to reclaim it , a principle nlZ l ^ ¥ * " Pi' . UXOre su gSe ^> if he had borrowed props 221 1 US 1 } ° ? e from ,, fallin & an < ™ required to give theni up SSSSr 7 V i 1 S S «^ l . T held as a sound maxim that money or Lff f | ° r ' cannot be claimed on the same day . But there was an evil on the other side . Simultaneously with this , literal , mechanical bigotry , existed tbe love of subtleties , which produced as much injustice atul

      A third class of questions included these j whether a rnnn , having renounced his public rights , ceased to have a claim to them , which was TnS n < T ^ S £ S aUve J vvhetlier a P ' « living bought a vicious horse , and losing piofit by consequent delay , may claim damages from the seller ; » , ! SS , V ^ ' a" » ing at a bird , and killing a man , is guilty o { murder as committing the higher felony , when only intending the lower ; whether a ShS i ° n T i a 1 woma « ' * ouM be held to have stolen her clothes , and Jhf ? r i " ? , w " e nece « sa » y *> constitute ari irrevocable gift . o » JTS rr i tledf ? most of ^ eao contingencies , though , in some SSS ' pVri f " " i a ( ° , tecl a J ul < is P «<^«<* of their own , as when they oZZt ? r a e o ° T' ° over-fe < i h » master ' s horses , was guilty of corn-stealmg . Only necessity , of course , could extort the recognition of a £ «« « m Gq ^ , mcct a caae ir * whicl * Acquest wns left to a married woraan , on . condition that she should desert her husband , the validity of tho condition being undoubtedly at variance with nolicv and morals . Another ;

      ana a more climciUfc point is , how far an agitator , who draws a crowd togc-1 om of lif « tllC C 01 l 9 e ( l ueinces—wot , destruction of property , or tbIw « i ^ ' i far ever > oi tiz on "W fairly ho supposed cognisant of m ! pu-ni ' therefoi > c » m justice , amenable for transgressing it , suggests to he d « vi , ™ T / ° ? ? rtr nml rationftl distinctions . % ius , no man could bo a « aini ? tlTl »™ *? i ? ? tlmt lie di < 1 not know murder or robbery to be Sria illoinl ! 11 h ° J ^ t who would know , except by accident , that BeaVS o » «• ry - lcad in woollcn oloths ' or to collect salt bytho toaSZ £ & bL f WOar ? buttons * or to shave on Sunday ? Yet , such \ mtioT were J ^ W heon V 1 ^ 0 ' 1 - " « in , M if the object of jutttoe weto > to raulUply puniaWnts , In the aamo spirit , it wa

      Untitled Article

      THE NEW ADELPHI DBAMA . A drama by Messrs . Bayaud and Arthur de Reauplan , entitled Thet-ise , on-Anye el Demon , and produced at the Paris Gvnma . se in October , 1-S . 52 , was on Wednesday evening presented in a . n Englis ' h dress to an English audienee at the Adeli'hi , under the designation . of Like and . Unlike . Messrs ^ . Langfoed and Sorel . are the adaptors , and they have "Englished" the French ori ginal in a manner so attractive to the frequenters of Mr . Webster's house , that the piece may be ranked at once am- « g those iC decided successes" which are as common to the Adelphi as failures are to other theatres .

      The plot turns upon a species of mistake which has often been the fruitful parent of mystery and interest in novel and drama .. Two sisters , both p erformed by Madame Celeste—the one a simple-hearted , pure-minded seamstress , named Lisette—tho . other , an opera dancer and . a jilt , if not something move , but afterwards the Countess Kromowskie—are so like in fac ? , form , voice , and manner , that the one is being perpetually mistaken far the other ; and Mr . Harry Mowbray ( Mr . Webster ) , a Yorkshire geutlcroan in love with Lisette , is induced to break off his intended marriage under the impression that she has encouraged the advances , and afterwards deceived , a Gallicised Manchester exquisite , Mr . Peter Potter , uproariously

      personated by Mr . Wright , who , we ate glad to find , has recovered from liis recent illness . Mr . Mowbray afterwards * tnee ' s the Countess at a masqued ball in Paris given by herself and her hu > band . He gets into a quarrel with the Count ( Mr . Paul Bedfohd ); fights with him under the belief that he has married Lisette , and only finds out his mistake , recovers Ms lost happiness , and takes back to his heart the virtuous and belied seamstress , on seeing her and her sister almost together . The changes of dress , of manner , and of character , combined with similarity of voice anil exterior appearance , necessitated by this most difficult performance , were wonderfully assumed by Madame Celeste , and their rapidity , especially in the last scene , not a little astonished the audience .

      It will be perceived , from this brief sketch , that the di'tuna was of the most exciting kind . The interest , moreover , is heightened by the audience being kept in doubt up to the last moment as to the apparent contradictions in the character of Lisette . Of tlie acting , it may be said that Ihc Adiclvhi shines in all its old glory . Mr . Webster , as the gloomy , broken-hearted Yorkshire gentleman , dropping into a melanclioly stagnation after his great disappointment ; Mr . Wright , ns the bearded , moustache ] , and Parisianized Manchester man , " afterwards Harlequin"' at the muaqucd bull ; 3 Ir . Sisuuy , in one of his favourite foppish characters , a certain Arthur Leslie , converted into Oliver Cromwell under the like circumstances ; Madame Celeste , with her astonishing variations ; and Miss Wyndham , with her handsome looks and graceful bearing—make a most attractive combination . Pathos and fun alternate through tho piece , like rain and shine in this present April weather j find Messrs . Langfojid and Sjoiiul . may be congratulated on the success they have achieved .

      Untitled Article

      A PAitcra was produced at tho Haymakket on Thursday night , under tlie title of "The Postman ' s Knock , " and founded on tho popular sonjj of tlmt name . It turns upon the mistake of a young lady , who runs a . vay with her maid ' a lover , a postman , in mistake for her own , who is a " son of Aim's . " The maid , on the other hand , elopes with tho gallant warrior ; and the mistake in both cases arises from the red coats of tho respective- lovers . But , of course , it ull " comes right in the end , " to the satisfaction of all beholders , hs Swift said of tlie hungiujr footman .

      Untitled Article

      356 THE LEADER . [ No . 316 , Satukdav .

      , /^\ R\ 1. Cjd110 Mti$, &Lt;?

      Ck Ms .

      Untitled Article

      Miss GLYNhasbecn performingtheCVeo ^ a / ra of Sh aksimcauk ' h "Ant ony and Cleopatra" at tho Standard Theatric , with Mr . Mauhton us tl »« illustrious soldier and lover . It is pleasant to note tlicsc dawning * ° ' dramatic truth over tho benighted heathens of Shoreditch .

  • Citation
    • Leader (1850-1860), April 12, 1856, page 356, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct2136/page/20/