The National Register. — London, England, 1814-11-27 00:00:00

NO V. 27. very few instances are to be found of oppression or injury. in shoat, in their general principles they are humane to the debtor and just to the creditor. On the other hand, what is the situation of the lesser tradesman, whose debtor is without the range of the Bank rupt Law ? .An unprincipled individual gets into his debt. He re fuses.. payment. The creditor at a great expence of money, and • a greater one of time, seeks and arrests him. Does he then pay his lawful debt even if able? Is there a law to com pel him ? No; but he goes within the walls of a prison, avails himself of ill; rules, and pays in poundage, 8:c. what would have discharged the debt. In another view of the case, the fraudulent debtor may not he found. The unfortunate creditor then most probably occupies the place of the debtor in gaol, and his family is perhaps left to starve. Hence we w►►uld ask,.is this an equal enactment of law ? The richest merchant, however costly the viands that may cover Ids table, can but exist. The poor tradesman does not less feel the loss of the mea:;re pittance on which he subsists. The debtor of the former is compelled to surrender his property to the right owner. The debtor of the other is induced to svithhold and dissipate it, in the'gratification of his appetite and the pursuit of his pleasures. If he defrauds the one, the gallows is his portion. If the other, he is white-washed by an insolven law. That thew are evils—that they are manifold, manifest• and oppre , sive, every little tradesman in this metropolis can. to his loss, bear witness. Where is the remedy to he found ? In a new court—no, we would reply. The wisdom of our ancestors renders this unnecessary, and we would seek it in the increase of the establishment of the Court of Ch ill eery in proportion to the increase of our population. Is it not preposterous to think that the same number of Judges with a (perhaps) forty fold business, have to attend to the administration of the law as in the reign of Elizabeth, our population then four, row fourteen millions. Fortunately a foundation has been insensibly and perhaps unwittingly laid. Let a little be added and the superstruc ture will be complete. The arrear business of the Court of. Chancery, compelled the appointment of the Vice-Chan cellor. The Insolvent Court that of the Commissioner. To these two individuals let three others he add&d. To the five (three to constitute a Court; let all the bankruptcy and insolvent business be I.eferred, whether it arise within or with out the circle of trade. Let the powers now vested in the Chancery of compelling the production of property and of punishing contumacy by outlawry, &c. be given to this branch of its administration. Let the salaries be adequate to the rank of the Judges, and let the expences that attach to the process - es issuing thence be made to consit, not in exor bitant fees to officers, but in stamps for the public benefit. This, we contend, would be al just and equitable mode of procedure, and prove in its results, that it contained eve!) , remedy for every complaint now made. But, bristled and fortified as are the existing establish. meats with pai.ents, privilege, and patronage, how is such an 781 end' to be 'obtained? Meiely, by the people of England making their wishes known through the regular channels to the legislature, and how they expect to have these wishes gratified. It is a curious circumstance in English legislation, that laws on this subject generally proceed from the a:istocratical branch of the legislature. It is not, we believe, on record, that even one humane or enlightened act on it ever ori ginally proceeded from those who are called the Repre sentatives of the People. To the House of Lords is the ,country and humanity indebted for every measure of this honourable nature. Whether this has arisen from the preponderance of law.. yeas in the lower House, or from the two, and, at times, three of the principal judges, with, perhaps, one or two retired chancellors, s having seats in the upper chamber, is another question.' At all events, we must assume it as a fact, however we may he compelled to deny that it is found ed on justice and sound reason. Mr. Astley Cooper, or Mr. Abernethy, may be very skilful operators, but with all their eloquence and dexterity, they would find it difficult to prove, that because they use the knives with so much ease, they feel more than the patient. Hence, 'with all due submission, we think the poor tradesman almost as intelligent on the subject of the law of debtor and creditor law as tl►e Judges of the land. Ele suffers from its imperfections. The Judges are above them. Hence our course of reasoning is natural. The people suffer ; the people should apply, through their representa tives, to the legislature for redress. THEREFORE, OUR PROPOSITION SIMPLY WOULD BE, TIIAT AN ASSOCIATION OF TRADESMEN BE FORMED FOR THE PURPOSE OF COLLECTING INFORMATION 'ON THE SUBJECT. This association will grow, like others—the prejudices on this, as on other subjects, will disappear, and the discussion will come first before the public, and next berme the legis lature, unembarrassed and unfettered. The period for such an attempt is particularly auspicious. The lame and imperfect system, recently adopted as a per:- manent one, will require alteration. The iecent act . of Ltd Ehenborough, in which he has proved his wisdom and in telligenee, as well as the greatest practical hum nit', is another proof of the approach of a more ehlightentd sv;etn. To lds endeavours, we still hope, we may add those of :'.;cr jeant 11(.51. Here, then, is an excellent foundation; and particularly if 'me recollect the names of Romilly, Leach, and Taylor. After this introduction, it is hoped that but few induce ments need to be held out to call forth the exertions of those who experience the inconvenience arising from the system of the law "as it is." thdividual exertion is but required on the part of the subject. Legislative aid will not be wanting. (knee, it is cohrniently exoected, that member of the commercial % , orld, who may have felt the iuconvenience, exert 1 1imsell ‘vithin his Own circle to impress the t. •,f the ,hove statment on the 'IAA.. of his friends, 1 : —cessav of exertion to procure a re medy: For promote this obje :t do net fear, that if the trail' s 100 of tWs metropolis loek the subject fail ly lit the face, they ''l 1.)/7 speedily couvieced, that the ::;•- rat entiv anxious love of the professors of the I:iw tl•eir interest is, in fact, merely for their own benefit ; and profit to the lawyrr, not justice to the client, is the object and cause of that clamour Thatilas of late been set up •.i in defence of the suffering debtor* ti THE NATIONAL REGISTER.