Rumours are still prevalent that the Home Government seriously contemplate the amalgamation of the offices of Judge of the Supreme Court and Consul. That some few circumstances should seem to point to the advisability of this step, we are not prepared to deny, but we imagine we are justified in regarding it as a retrogressive step, and little likely to promote our position in China. Doubtless, one of the reasons which lias been brought forward is the supposed inconsistency with treaty stipulations, of appointing a Judge to do the work stipulated for a Consul; and on which so many absurd claims have been raised, and little less absurd decisions given. This, however, is a question of detail easily amended, and is already indeed to some extent set right by the Chefoo Convention. The object intended to be sought was the impartial administration of justice where British subjects were concerned; and no one acquainted with the rales of English law can fail to perosive how much more effectually such could be looked for under the strict rales ofan English Law Court, than under the semi-legal, semi-diplomatic working of a Consular tribunal, And herein lies the gist of the matter. The common law of England may not be the most supremely wise-of all human inventions, yet no one can deny that the doctrine of the irremoveability of Judges has resulted in a body of decisions which, for careful and conscientious justice, place the British judicature at the head of all legal institutions. This practical immoveability during good behaviour, which is the distinguishing feature of the judicial rank, cannot be carried out as regards the Consular service. A Consul may be the best of men, thoroughly conversant with the duties and responsibility of his office, and yet from some personal defect, or mere accident of circum. stances, he may be an' unfit officer in any particular post. His duty is to obey orders, not to deliver the law; and the two are so incompatible that a successful amalgamation of the two functions must be very exceptional. On the one hand, we do not require Consuls, as a general rale, to lay down hard and fast rales for international intercourse. Their fanetions are, in a great measure, to protect English interests, to remove Gifficnlties, and, generally speaking, by courteous speaking and diplomatic conduct, to prevent affairs ranning into a condition from which they may need the good offices of the Judge to disentangle them. On the other hand, it is the Judge's province to decide truly and legally in such cases as come before him. If A's ship collides with B's, be has simply to examine into the facta of the case and give his decision, according to the law in such matters made and provided. If 0's gun goes off and kills D, the probable effect in diplomatic intercourse is not to be the ground of decision, but the simple case how far C. was acting legally, or to what extent his act was a criminal one, Again, a Minister may stoop to ask advice of a Consul, and the latter in his reply will state all the eventualities of the case in its various bearings, and more especially its aspect as a matter of policy good or bad. This is, however, outside the functions of the judge, With him the legal interpretation is paren mount. He may be consulted as to how far any proposed measure is in consonance with treaties or interna~ tional rules, or whether any particular case or action is contrary to, or consistent with, treaty obligations. In such matters it will be the Minister's duty to act on his decision, or on grave reasons shown to petit aside; bat any reference to policy in such a decision would be outside the Judge's province, and would properly be considered an impertinence, by any Minister fit for his post. Now, there will always be the danger of these two separate positions of Judge and Consul becoming confounded if the offices ara joined. A man, however good he may be, will be apt to forget when he is exactly Consul and when he is simply Judge. Ho will be tempted to flavour justice with diplomacy, and to look rather at the probable effects of his decision than its legal consistency; or, onthe other
Text read from the printed page and cleaned; old type leaves the occasional error.