The Sun. — London, England, 1819-03-16 00:00:00

FOR THE SUN INSOLVENT DEBTORS' ACT. Ma. EDITOR,--Having inserted the Letter of my sister JUSTITIA, I hope you will not re fuse the same indulgence to myself. That the reciprocities of society are defined by " 'Nature, Reason, and Religion," I am far from disputing; but I cannot exactly understand how the mere question of " Equivalence" is to op pose the freedom of " Nature," the prudence of " Reason," or the forbearance of " They who would justify itnprisotiment fr:r Debt, had better draw their arguments front the social state of man, than from his natural state. 'y sister's positions, Sir, as set forth in her • introductory paragraphs, are perfectly reasonable to far as they reach to the Debtor's property being made available to the Creditor's rights ; hilt when she extends her arguments to the in carceration of his person, they seem to me not only infringing the law of nature, but injuring the state of society. The present Laws are defective, so far as they do not mote immediately and more cheaply reach the Dc briar's property. By this detect, the Debtor And the Creditor both suffer the mischiefs of ex ;WON' And delay. If the Delrot's property is tm re than his Debts, the expellee falls lipon him ; it it be less, the Creditor's loud is diminished ; since the law, while a penny remains, must be paid first, and in toll. But Justrtrk will tell me, that the man who incurs a debt without having sufficient meauS of its payment, commits a crime ; that he ought to be punished. and that a prison is his proper punish ment. Be it so ; the moment, however, that this penal complexion is given to the case, she will reinewher, that our law knows nothing of any criminal process at the suit of a subject. It in fact recognizes the pm inciple that no English man should be deprived of his liberty, unless at the instance and with the knowledge of his So- vereign. Besides, as every matt is by onr law presumed innocent until he is found guilty, the right of imprisonment in civil cases ought not to exist in !nestle process ; but to be deterred until a Jury of his countrymen, or his own acknowledgment, shall have recorded the accused Debtor guilty of owing money. It is no answer, Sir, that be may avoid this by giving bail : the very fact of being arrested is often enough to deter his best friends from becoming his surety. I will Venture to ask my sister JUStITIA- since she so nicely calculates the portion 0, " shock" which any one Debtor's failure gives to society—how much of its " symmetry" does his imprisonment repair, after Liis property has been found unequal to the full payment ? I must own, Sir, that I do not like to see a question, whereon so much of individual happiness and general pros , - perity dependi, discussed in these abstract terms of " reciprocities," and " dependencies," and " shocks," and'' symmetries." Sir. I am no advocate for time Insolvent Act ; yet I do not therefore see any reason for desiring the re-enactment of the old law. Before I state to you what I think the law should be, I will take the liberty of suggesting a few plain principles. Wh,tever provisions may be necessary to de ter the fraudulent Debtor, especial care should he taken that no vindictive Creditor should be able to use them against the Debtor who is unfortu. fate only, and nor fraudulent. Even with the fraudulent Debtor, every means should he afforded, and exerted, for laying hold of his property, before his person is resorted to; not only, because until his property shall be found inadeqoate he has committed no offence, bat because, until his fraud shall be proved, he ought riot to be accounted fraudulent. No measures, which are in themselves penal, should be resorted to, for the purpose of ascer taining whether a Debtor is fraudulent ur not. The imprisonment of the Debtor is no recant pence to the Creditor. It is a satisfaction per haps but a vindictirq satisfaction, which, as the law does uot recognise in criminal cases, assuredly it does not in civil. Were the law of Imprisonment for Debt nar rowed, or even extinguished, no facilities would be afforded to the dishonest Debtor. The law which encourages the Borrower, discourages, the Lender—the more easy a is to avoid payment, the more difficult it is to obtain a loan. Exactly, as the less able a man is to repay, the less able be is to borrow, Not that I would advise—let me not be thought quire so notch of knave or fool—not that I would advise any law for the protection of a Debtor's property.—On the contrary, it should be rendered still mote liable, and more speedily liable, to the Creditor's claims than it is at present. I merely conceive, that where the Debtor's property exists, it alone ought to be reached ; and that, where it does not exist, his person is no compensation. I have said that the law which encourages the Borrower discourages the Lender. Let me pro ceed to observe, that the more heavy and the more numerous arc the penalties which surround the Borrower, the more readily will a Lender be found ; trusting, perhaps, a little to his ability of repayment ; but much to his fear of punishment ; and not at all to his integrity. Thus, as it seems to me, the Law of Imprison ment has precisely the inverse effect of its appa rent object. All the penalties which may be de vised, can never deter a needy man from borrow ing, so long as he can find a wealthy man to trust him : but they induce the opulent lender to part with his motley, by the fearful consequences which impend over the borrower. To constitute a loan, there must be—l thank my sister Jll MT! A for the word—a " Recipro city." There must be a lender as well as a borrower. The object of the Law of Imprison ment appears to be to deter heedless men from borrowing. Would not that purpose be equally— and better—answered, by a Law of Liberty, which would deter cautious men from lending ? 1 may be answered, that the public system can not be kept in motion I,lrithout credit. I acknow itud this fact. But to overturn my argument, it must be :hewn that the species of loans to which that argument applies, belongs properly to the Public Credit. I contend that it does not. /rn- PRICE 0 THIS DAY AT r S per Cent. Red. + .. abut S per Cent. Cons. 7.1 3. per Cent ..... ........ 'shut 4 per Cents S per Cent. Navy Ann. 1054 j MAILS. Atmlyzn—c.l. Dublin, I ‘Vaterfurd, I Holland, I Flanders. DUE-2 11'aterford, I Guernsey and jersey, I S‘vedeu, 2 flaniburgli, I France, 1 Lisbon. HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning, 39 minutes after 5. I Evening, 4 minutes after C. THE SUN. SOLEAI QUIS DICERE FALSUNI AUDEAT ? LONDON, TUESDAY, MARCH 16, 1819. Last night and this morning we received the Paris Papers of Friday and Saturday last. The Moniteur of Friday contains a Royal Ordonnance, appointing the Presidents and Vice-Presidents of the Electoral Colleges of the Departments which are about to complete their Deputations. The former are the same we mentioned yesterday. The Chamber of Deputies assembled on Thursday, but it does not appear that the Resolution of the Chamber of Peers, respecting the Election Law, was communicated, nor was there any public business transacted of material importance. An immense number of Petitions were reported ; after which the PRESIpENT proposed, that the Chamber should form itself into a Secret Com- mittce, to hear the Report of the Committee on the Resolution of the Chamber of Peers relative to the Droit d'Aubaine. 111.111Atslye'. objected strong ly, and at some length, to secret discussions, and moved that the Report should be made at a pub lic sitting. Upon this motion a warm debate took place, but which led to nothing either prac tically with a view to the future proceedings of the Chamber, or as a trial of strength between parties. The rule had been established, that when a propo sition originated in either of the Chambers without having the KING'S initiative, it should be discussed in Secret Committee—and this rule had been in variably acted upon. The established order of pro ceedingin these cases, together with the precedents, overpowered 11. MANtrar.; and though at first supported by the left side, a part of them de serted, and, together %vitl► the whole of the right side and the centre, formed a large majority (without a division) for a Secret Committee. The Chamber having►, in consequence, formed it self into a Secret Committee, the report was made in favour of the proposition for the Abolition of the Droit d'Aubaine, and ordered to be printed. These Journals announce the death of M. REG- NAULI' de SE. jr.AN 1Acc0.,;11,1, tire extracts : Cabinet. " The Persian Ambassador, Mirza Abd Hassan Khan, is to have an audience of ills Ma " There is to be no sitting to-day of the Chamber of Deputies. The disctsssion is to be opened next Tuesday in Secret Committee, on the proposition respecting the Droit d'Aubaine. The Budget fog• 1819 will very shortly be presented by the Minister of Finance. " A Petition against any alteration in the 'Elec tion Law has been numerously signed (including the Mayor and Adjuncts), at Bar Ic Duc, Ole chief place of the Department of Meuse. Petitions numerously signed to the same effect have also been transmitted from Poitiers, Sens, and Phals bourg. A Petition to the same effect, signed by 400 Students of the School of Law, has been stolen froni the bookseller's, where it lay for signatures, by an individual who pretended be wished to sign it. " A man named Vigocret, in a state of mad ness, a few days since, set fire to his own hotte at Auch (Gets), and arming himself with a double-barrelled gun, be fired at several persons, particularly his wife, whom he wounded. " The Russian Prince Gallitzin passed on the 6th inst. through Frankfort, ea Courier, on his Way from Paris to St. Petersbuigh. " MM. Lafitte, Manuel, the Marquess de la Fayette, De Chauvelin and Hernaux, yesterday laid on the table of the Chamber of Deputies se veral bundles of petitions against any alteration in the Election Law. LTwo of the Journals give some details of the reception of the proposition of the Count de Larnoignon, in the Chamber of Peers on Saturday sennight, foreensuring or complaining of the creation of the new Peers, but they are so obscure, that without the aid of private letters the nature of the pro position could not be ascertained. It appears to have caused considerable uproar in the Chamber, as far as can be inferred from the rapid succession of speakers, which was terminated, as a l r eady stated, by the Chancellor abruptly closing the sitting.) FIVE PER CENTS. Shut price • • ..... GS f. 20 c. Thursday, Ex. Div 66 f. 40 c. DEFERRED STOCK Of the 22d March, 1817, B2 f. 9.0 c. .22(.1 Sept. 1817, 92 , 1 March, 1818, 7B f. 20c. 2211 Sept. 11:18, EXCHANGE ON LONDON. One Month 23 f. 70 c. Three Months { Bills 20 f. 50 c. Cash 231. 4v c. " MARCH 13.--It is understood there will be a bitting of the Chamber of Deputies till :1.1011- " The King transacted business yesterday with the Marquess Dessolles. " The Persian Ambassador paid a visit on Thursday morning to the Minister for Foreign Affairs. It is said he is accompanied by a fair Georgian, Who is served by black slaves, but is- rivisible to strangers. " The Duke de Richelieu arrived at Nimes he 4th instant, and set out for Marseilles the next day. " Yesterday morning the 17th Number of a periodical vrork, entitled Li Nouvel Homme gris, was seized, " The trial of the persons charged with at. tempting to assassinate the Duke of Wellington, is postponed till the sth May, " M♦ Bury de St. Vincent is said to have re ceived permission to return to France. " The resolution of the Chamber ofPeers.re specting the Election Law will be transmitted this day to the President of the Chamber of De puties, who will communicate it to the Chamber at the next Sitting. " Tl►e Grand Duke Michael left Rome for Naples, on the 27th ult. FIVE PER CENTS. Friday, Ex. Div. ..... 66 f. 50 e. DEFERRED STOCK. Of the 22d March, 1817, .E42 f. 30 c. 22d Sept. 1817, SO f. 30 c. 22d Mardi, 1818, 7B f. 30 c. 22d Sept. 1818, 76 f. 40 c. " PE AN KFoRT, MARCH B.—There is a talk of an approaching marriage between the Grand Duke Michael and the eldest daughter of the Electoral Prince of Hesse. " It is also said that a marriage will take place between the Prince Royal of Prussia and the Prin cess Dlaria Louisa of Mecklenburg Schwerin, daughter by the first marriage of the Grand Duchess Helena Paulowna of Russia." It is observed, in a Morning Paper of this day, which bears an independent character, and which has no reason to fawn on Courts or on the People, referring to the late act of the King of FRANCE, that the creation of a new Majority of Peers was a measure of pure self-defence in at Sovcreign."—But could the Monarch find no wise " PARIS, M . Aacu 12.—The King transacted business yesterday during a part of the - day in his jesty to-morrow. " The Minister for Foreign Affairs has sent off during the week a very considerable number of Couriers. and lib .zit men in his Cou:.“ii 14 properly raised to such honoir, and was b 6 driven to the necessity of recal:ing the Agen t. of the Revolution, the Minion! of ihe Usurper' and the Enemies of bis Family ? It self' defence rendered an increase of the Peerage necessary, it %vas surely madness to rec - .: .+11( 1 e lea rate those whose principles are hostil. bis authority, and who may naturally be expecte d t° overturn his Government ! before. The Portuguese ship Society, Captain FELISP of about 800 tons, and laden with crates of East India ware, has been seized in the Chesape"ke' and brought up to Baltimore by the Reve ll"' cutter Active. When seized she was in pO sese sion of a prize crew, under AnrioAs's flag• The Bermuda Gazette of the 2d inst. s tates , °II the authority of private letters from the West If :: dies, that a numb er o f vesse l s were i tn medi' lle '' about to be charteted, to be sent to Bertooda t i ° l procure American pr o vi s i ons an d l um ber , wi , t ir which that M a rk e t MU at that time but ° c8 " " - supplied. A part of a camp of runattrays, nine in aria' be i r : '- has been tak en by t h e C o l on i a l R ange rs ja Island of Dominica. The Chi e f , whose nainels TAMBA, hag been upwards of 40 yeats in (be %/°°a : of that IsNut), and during t h at O m , h a , been fre quently guilty of as ichnmart murders, butcb c/iCi° and incendiary acts, as i t is pssib;4 for the °)ilj i to conceive. A Steam-boat has bee n b u il t at TrinidaN lf between Port Spain and San Fernando. lou chl i i l At Point-a-Pierre ; s h e h as t h ree cabilo fl)r white, coloured, and slave passen, , ers, 3 " (1 *l3 f to have comme nce d h er tr i ps on t h e 21 5 t December. did Pel , The faction of Radi ca l Reformers, Sp a. , triots, adv oca t es f or A nnua l Parli a ments at" te versa! Suffrage, or in oiiier, and more apPrO ri4 l ; t terms, the Levellers, R evo l u ti on i sts , an d An nrchiS bo are, it seems, ro have a Dinner this dory atl n d Crown and Anchor. Sir F RANCIS B U RDEV I4 Mr. HOBHOUSR are, it is uuderstuod, and, according to report, a subscription, a" itji ing to Two Hundred Guiue,is, has b ee raised, for the purpose of preseuting a Cull and Salver to the Baronet, for hi' " 31° 1 support o f th ose doctrines which o verturned the Government of :ranee, and spry Id con sternation and misery over many o ther Sl 3te3 ' - :: If this intended Cup could contain fed:enis tb," might operate against the fittyrtslt CoNsTlTuTittilL. considering the character of the Subselibert,a, would doubtless be more, muc h more d r3f ructi v of social order than the baneful onixt!le in 314 1 " iII'EARE'S [niche's Cauldron aga i ns t an individukl One of the great evils to be apprehende d frolll c late 'Treaty with the United States i 5 th knowledge whi c h t h e A mer i can F is h er tnen wi t . / acquire of th e G u lf o f S t . L awrence , and °i% approaches to th at great Ri ver ; so that, t 'I) event of hostilities between the two Co"l ltriel° these Fishermen will be .na.le available, arl i a chosen to mail the American N a vy. The re s " of this Treaty must be an increased Naval Fore° on the Halifax station i n P eace an d ‘VAir (I'6 former, to prevent an infraction of thc Treaty, and smuggling ; and, i n th e latter, to defe at ' jni attempt on Lower Canada. The mote ire c°ll template this Treaty, th e more we are surP rise,l at it. We dread to reflect on the Conseq uence , which must result from it to our Loyal C° tin trymen in the King's Colonies in North Ant particularly in Nova Scotia and New Brons wieV! the inh a bita n t s o f w hi c h b a d entere d will' sucha spirit and enterprize into the .L a hrad °r Gulf Fisheries. It is the opinion of the C°lniti" 14 that from 1500 t o 2000 sail of American 17is vessels will be empl o y e d iii th e co urse (/ ' rb f ib t e ensuing summer on th e Fishing Grounds c ede( ' them by the late Treaty; which, but for this 101 politic conc ess i on , wou ld h ave b een a ltogeth er "s the possession of th e Ki ng ' s S u bj e cts. BY wha t right the Ameri ca n s can c l a i m t h e se indulgen ces? in preference to other N at i ons , we cannot COn jecture. These are n arrow S e as exclusi vel y be• longing to the Crow n , th e enjoyment o f whic h ought to have been secured to our Fellow-Sub' sects, as the waters of the Chesapeake, and other Peat Inlets or Bays on the Coasts of lb ° Unite d States, are to its own Citizens. plc infatuation which has attended this 'Dela": choly arrangement cannot he accounted for : I is an abandonment of great and vital interest" political and commercial, and the more the s itb ject is considered and discussed, the more patit iu will be the reflection that such sacrifices 0001 d have been made. It must accelerate a cost' iniurlons effect it will have on t he Tr a u•p which every good subject will deplore, fr stha:, We have reeved New York Papers tbi' morn ^ ing, but not of a later date than we have 134 a ;' priiy, - ament ought never to be c•xcici,iii Orton tlltt fair Debtor, whose whole property has been ren dered available to his Creditors by his own act, or by the operation of the Law. It should fall only on the unfair Debtor, who has contracted debts without the means, or at least the calculations, of their repayment. But such as these seldom come in contact with a fair Creditor. They obtain credit, perhaps upon unfair terms, dictated by the lender himself, in the hope and chance of being paid through terror of the Law. Take away then the Law of Imprisonment, and you take away the in ducement of the unfair lender ; conserpiently, the facility of the unfair lion owei-. Between the fair Debtor, whose property is applied to the payment of his debts, and the fair Creditor, who relied on his integrity alone, the Law of Imprisonment is utterly useless. Alter then the existing Insolvent Law, not to restore the old Law of Imprisonment, but to render the property of the Debtor more cheaply and more speedily available to his Creditors. Leave however his person tree, even after his pro perty shall be found insufflcient. Else, how shall he acqoire more property to make up that insuffi ciency ? Should he escape into another country, his Creditors will lose no more by his flight than they would have gained by his imprisonment. The horest Detvor has however no reml►tarion to be a fugitiVe, while his person is • safe from a prison ; arid for the dishonest Debtor—be assur ed, Sir, the less penal our law, the less extensive «ill be that spurious credit, whereof the portion it now so great and so injurious. That spurious credit, I repeat.—The legitimate credit, by which the public intercourse is carried on, needs no fences against fraud. The multi plied dealings of this commercial state require only the security of property. When the person can no longer be put in pledge, though we shall 6nrl the same confidence placed in property, arid the same calculations upon industry and integrity, this practical truth svill soon establish itself', that folly and extravagance, and profligacy, will no longer obtain their ready market with fraud, and rapaciousness, and oppression. I cordially agree with my sister JUSTITIA, tha " a new Law between Debtor and Creditor ii favour of commerce is much required." Tha that LAW should be framed on the above princi, pies, I hope she will agree with her sister, HUNTANITAS. TnEATR.ICAL REGISTER. Perforate?! Last Night. TitcATnE RovAL, DRURY-LANE.—(4d time), The Dwarf of Naples: Mal vesi, Mr. Kean; !alexia, Mrs. W. West. After Which (4th time), The Castle of Wunder,. THEATRE ROYAL, CovENT-Gminex.—(l3th time), Evadne : Principal Characters by Mr. Young and Miss O'Neill. Af ter which, Aladdin. *** For NEwLAND, see the First Page. F STOCKS wELvt: o'cLocK. Bank Long Annuities. d.siant India Bonds. ..... 375. pr, Exch. Qs. 43. dis. Cons. for Accuunt....... 744 ()c c Tha i tie tedl har lor3 for, 41