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Leader (1850-1860), 10th September 1859, Edition 1 of 2, Page 1034, Untitled Article

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      Untitled Article

      1034 THE LEADEK , . - . [ No . 494 . Sept . 1 Q , 185 f > .

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      barbarous as to make many of the spectators faint . The present race of judges may tell us that without the gibbet and a host of minor appliances of a purely vindictive kind , society would not be safe , just as their predecessors declared banging children for trumpery offences was essential to the security of the state ; but public opinion overrules professional prejudices and will not tolerate inflictions that are neither curative nor preventive , and which assume the chai * acter of diabolical revenge . In addition to affording new arguments for the abolition of capital punishment , the S methurst case has excited a strong feeling in favour of courts of

      appeal in criminal cases on matters of fact . At present ( after conviction ) appeals really take place in the Home Secretary ' s office , without publicity or the slightest guarantee for accuracy of method or result . Sir CornewaU Lewis may continue to discharge this part of his functions with c are and discrimination , but previous Home Secretaries have played the most fantastic pranks with the prerogatives at theirctisposal , and the secrecy of the process has protected them from the responsibility that ought to attach to every judicial act . It would no doubt be more satisfactory to _ have these appeals considered by a properly constituted

      tribunal , but it will need a good deal of discussion before its precise form and method of procedure can be agreed upon . Some are for a new trial , to give supposed wrongfully-convicted persons a chance of acquittal , but not to afford an opportunity of convicting persons supposed to be wrongfully acquitted . In political cases there are obvious reasons for adhering to the maxim that no one shall be twice tried upon the same charge , but they do not equally apply to ordinary criminal cases : The poverty of most criminals would , however , furnish a reason why they should not be put to the expense of employing counsel for a second

      defence , arid in many instances there would be a virtual denial of justice if they were subject to a second prosecution , unless the burden of their defence was borne by the state . But as punishing the innocent is a greater wrong than allowing the guilty to escape , it must be conceded that the need for courts -of appeal to revise convictions is far stronger than for a . reconsideration of acquittals . It does not , however , follow , as some have proposed , that a new jury trial should take place in doubtful cases of conviction . It might be sufficient if the judges in bench reconsidered the evidence upon ¦ which the conviction was founded ,

      together with any new matter that might be adduced , but it would be more satisfactory if a portion of the court of appeal were composed of persons not . having the class prejudices of our criminal judges ; and " experts , " or persons specially acquainted with technical poi * tions of the evidence might be added with advantage . One thing is certain , that we shall have no peace until suitable legal means are adopted for satisfactorily reviewing ' criminal decisions , as experience shows that whenever scientific evidence forms the turning-point of a case it may be had in any quantity and to any effect . If one chemist declares his inability to detect a poison , another swears he could have found

      a thousandth part of the quantity assumed to be present ; if one doctor pronounces a set of symptoms to be rare , and to manifest the action of noxious minerals or vegetables , another doctor declares that his patients are in the habit of suffering precisely in the same way from natural causes . There is a sort of professional pride which induces medical men , and especially the least eminent for learning , * to meet with great wonders in their career ; and no sooner is a Iresh disease nicknamed

      and described in the journals than they fool the same determination to have it in their practice that urges a linendraper to supply his shop with the latest novelty of the season . It would be impossible to describe any symptoms that some of these wondonnongors have not soon under totally different oiroumstanoes ; and until scientific evidence is prepared with more oaro the publio will be b . ewilderou by the assertions or pretensions of rival professors , nor can an ordinary unscientific jury bo expected to see their way through the maze of dimeultics created when doctors disagree .

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      t t , OUR MISMANAGEMENT . Tub ' public has been again horrified by military floggings t again informed that soldiers like sailors continuall y desert ; and again terrified by the intormation that they are still defenceless—that thoy need stout seamen to stand betwixt thorn and

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      THE PAPER DUTIES—LIGHT FROM JAPAN . A curious illustration of the reciprocal influence of nations has just occurred . Captain Sherard Osborne has made the public acquainted with the extraordinary extent to which paper is used by the Japanese , and has thus imparted a fresh interest to the evei -interesting subject of our Own paper duties . Trunks , tobacco-bags , cigar-cases , saddles , telescope-cases , the frames of microscopes , water-proof coats , pocket handkerchiefs , towels and dusters , the inner walls of houses , string , and a material like leather , are all made in Japan from simple paper . Each Japanese has his breast pocket stuck

      full of note paper , and converses , preventing much disorder , by writing rather ths n by talking . We have not yet got any information as to the quantity of paper consumed by each Japanese , nor as to the . mode of making paper in Japan . We can only conjecture , from the extensive use made of it , that it is not subject to a special excise duty , and can only conclude , when we know that , m Europe , paper is made as delicate as gossamerweb and as solid as rock , that the Europeans have not much to learn concerning the manufacture from the Japanese .

      The use of paper , utterly unknown amongst savages , and applied to such a vast number of Eurposes here as well as in Japan and China , both ighly civilised , may be taken as an index to civilisation . If-it be not as extensively used here as in those countries , "while our civilisation is of a higher class than theirs , and our knowledge of the art of paper-making is at least as great as theirs , we can only ascribe the defective use to the continued existence of excise laws or some similar resti'ictions . Of the connexion betwixt civilisation and the use of paper oxir own statistics supply illustrations .

      The increase of the population m the United Kingdom since 1844 , when the returns of the quantity of paper consumed before us begin , may be stated to have been from 26 , 800 , 000 to 29 , 500 , 000 in 1858 , or little more than 10 per cent . ; but in this interval the consumption of paper has increased from 104 , 594 , 874 lbs . to 176 , 298 , 997 lbs ., or 68 per cent . We have , however , gradually come to use much thinnor paper , and eould the increase be estimated in square yai'ds it would be considerably greater than estimated in pounds . That in tho same interval tho nation has made a great progress in

      civilisation , has acquired much knowledge , has improved many old , and invented many now arts , and has become more wealthy and refined , is quite certain . Thus , as might bo expected from tho many uses to which paper is put , and especially from the chief use , as tho material on which all printing and writing is dono , the consumption of paper has increased with civilisation , and more rapidly than tho population . Tno excise returns , too , which havo just boon published for tho first half-yoar of 1859 , bring under our notioo a very groat difference in tho quantities of paper manufactured and consumed in tho throe parts of tho xinitcd . empire .

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      The following arc the figures for the six months : — ¦ . 'Paper charged Ketained for svitli l > uty . Consumption lbs . n , J . England 7 (> ,-l" ' . , <> ' . > - ?~' .: > n ~ , '> . i . Scotland .. 24 , 0 U . 'i , Kii 3 SI ' . Ui ' h ' i Ireland 4 , 170 , 0 : 20 4 , 10 * * 71 * Total ........ 107 , 015 , 915 . DS .-l-Jl ^ rS The proportions are similar in successive years . We transcribe the figures for the whole year 1858 : — Paper'charged Hutninod-Tor with Duty . Consumption lbs . ii ) S 1 . England 142 , 300 , 108 12 S . SW 9 , OU 7 Scotland 42 , 012 , « 3 o : ( H , 5 ] : j , y 35 Ireland . 7 , S 75 , 027 7 , KiO , r 1 ' . i . > Total-. ... 192 , 84 ~ , W 5 iro , 2 £ M , W 7 Thus England , with a population of 10 . 500 , 000 . makes per annum betwixt seven and ei ^ ht times as many pounds of paper . Scotland , with a population of 3 , 000 , 000 , makes fourteen times as many pounds , and Ireland , -with a population of 7 , 000 , 000 , makes very little more than lib . for every inhabitant . The con sumption of each is in a similar proportion . Iii addition , we import and retain for home consumption about 1 , 300 , 000 lbs . of paper , making the total consumption of the empire , in 1858 , nearly 178 , 000 , 000 lbs . In 1859 , should the increase in the first half of the

      year be equalled by the increase in tho second half , the total consumption will be not loss than 198 , 000 , 000 lbs . Paper serves so many purposes in civilised society , that it is as much a . necessity as food ; and therefore , taking the empire throughout , the increase of consumption has been very great , notwithstanding the onerous , tax . Financiers find in the fact that the tax continues , to be productive , and does not entirely overcome the great natural influences which make society px * ogressive—an ample justification for continuing it ; but its effects in . England and Ireland , considered separately , make us believe that it injure ? the revenue as well as impedes civilisation .

      In 1850 and 1858 the quantities oi paper made and consumed in England and in Ireland were a ? follows : — England . Paper made . Itotained for C ' UllSUIIlWt'iOU . lbf =. lbs . 1800 105 , 71-2 , 053 ' . )' . ( , 010 . 300 1858 .... ll-2 , 3 OO , 10 S l-. 'S , y , " . i , u ( i ? Increase 1858 30 , 017 , ^ 15 31 , » 1 :. ' , 717 Ireland . 1850 .... o , 7 ii > , flO 2 o .: io ,-. - , i 1808 7 , 87 J , ( W 7 7 , rtim , r . ' . i . ) Increase 1858 1 , 15 . 5 , 525 1 , 110 , 411 It is possible that -Ireland may import pnpei from England , but this fact does not appear in the returns . According to them , between 1850 and 1858 , the make and consumption of paper increased in England between 34 and 31 per cent .. they increased in Ireland only 17 per cent . But in relation to England , and in proportion to population , tho consumption of paper wiw , and is , very low in Ireland—and since 1850 , when she is supposed to have been rapidly improving , the consumption of paper to approximate her consumption to that of England should have increased more rapidly than -flint ' of England ; instead ol which it has increased only linli" as flist . It is ^ ,, ; + r > nm . fniii tiiot t . lirt nnnnr / intv . lins iirmcdod the UlbW i / ¦

      VI *^ V * A I'M !*** M *** WW V ** W | - ' * V | ' ^ " > *•» ** " - » -, — I progress of paper-making in England , nml we now see that it has almost arrested the progress m Ireland . The tax , which may be a trilling impediment hero , may bo ruin there . It lms impede " civilisation in England nnd gono far to stop it m Ireland . How much tho gravity and love of order noticed amongst tho Japanese , and proport lonnuly amongst the English and tho Scotch , nredue to the uso of paper , and how much tho levity nnu lovo of disorder noticed among tho Irish , aro due to being denied tho use , wo must leave to nicer calculators than wo aro to determine . That a tax imnadGs civilisation is not an influential argument

      with financiers if thoy fancy it does not deduct from the revenue ; and for thoir behoof vc insist on tho fact that tho relative slowor incronsc oi the manufacture and consumption of paper in Irclanu than in England is tantamount to a low oi revenue , as it is unquestionably a relative diminution of prosperity . ,, Tho general and increasing uso of pnper by «" civilised people , as now nmdo manifest , m a gront social phenomenon—if it bo not also a jj ; re « t natural or material , phenomenon—not to bo lightly

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      danger , and , can ' t get them ; and again they find themselves utterly deceived by the confidence they have undeservedly placed in the fifth-rate men , whom they are taught to admire as highminded statesmen . The Times ^ which is most diligent in working these themes , calls on Mr . Cobden to take the subject of national defence in hand , and try if . he can ' t secure more protection at less cost . It appoints him to the Herculean trust of cleaning out the Augean stables of naval mismanagement . He must be amazingly flattered by being told that he can do what half-a-dozen Admiralties have been unable to perform ; but the public will

      scarcely tu ' ge him to undertake the duties of Ministers and their subordinates . Putting him to do their work and leaving them the emoluments carries the system to a climax of absurdity . The public deserve , however , to be outraged by the continued and disgraceful barbarities of flogging and by the alarms of invasion , for they invite by their respect and homage the arrogance and negligence of the know-all ' s and do-nothing ' s of the Ministry . Glorious as we are as a nation , we have come to a pretty pass when we pay 60 , 00 O , O 00 Z . a year to have our work done for us , and are continually obliged to do it ourselves ; and , instead of being served , are insulted by those Who fleece us .

  • Citation
    • Leader (1850-1860), Sept. 10, 1859, page 1034, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2311/page/14/