The Sun. — London, England, 1819-03-12 00:00:00

FOR 'l ug- INSOLVENT DEBTORT ACT. , MR. EDITOR,—Wben apublie clamour is rais ed against Legislative Euartntents in behilf of misfortune, it may be permitted an individual, who is conversant with the state of the Law livretotore existing, to oiler some answer to the objections made to its present operation. The Law of DEBTOR and CREPITOR underwent a lisvistois in Parliament about ten yeais ago, for thi purpose of restraining that power of coer. eion which Creditors were formerly enal4ed to exercise in the arbitrary imprisonnient of their Debtors, and which power was too fiequeutly enforced upon the unsuppOrted Affidavit of irri tated individuals, Much to the prejudice and in jiffy of Debtors and their dependent families, and ssith great detriment to the tights of other Cre ditors less prone to a spit it of resentment, and more properly ,considerate of that forbearance which would stimulate Debtors to exertion. The present Act ,of • Parliament is the result of that Revision, aided by the closest investigation which evidence _could support. One of the direct and positive objects of the Act was to check ficti tious atidNinguarded Credit, and tbereby to afford protection against losses to which Creditors were previously liable by the intervention of occa sional Acts. The existence of such a Law must epable Cre ditors and Debtors to judge of the consrquetices of indiscreet Credit, .and,slishooesty it. contract itrg Debts; and, previous: to i•s enactments, they had not the means of discripination ur preven *jolt which is ,now afforded them. if Creditors ate abridged of the power and profit which r for- Merly awaited their trading views, it is because th e pow e r of optiOnal imprisonment is denied to them, and - that they are disappoiuted in being no longer. able, to extort money front friends as the condition of releasing the Debtor. .Observing that several Members in the House of Commons are strenuously contending against the renewal of the Act,, as injurious to commerce and - rtmorality (of trade), whilst Candidates for time 110 , 01 hr of a Seat are required to pledge hostility to such a renewal, I mast eXpress a hope, that other Metni7ers, more disinterested in the quep lion, will not be wanting to' di,criminate accu roely between the Debtor and Creditor, and to form a proper esiimate in balancing• the'accomint bet een prosperity and misfortune. As rtsneets the impediments which are in : the way.of making thpse rapid fortunes inlrade of which we have so mans; instances, I %Tonic! !hazard an opinion, that the general we/frne of society is not thereby injured, though the Speculator, in proEitabletraffic may lltkl a claeck to his avidity, end obstructions to his career of gain. And fmost here confess, that ray deficieucy in arithmetical skill, - andalte mysteries of trade, have created omit surprise when contemplating the imutense pecuniary suc cess which has residted to individuals who coin . tnenced business with li!tle or no capital, and in a.vey few years became possessed of wealth and, impoetaoce.—llence, " Ennipages base blazed. like Meteors, - and Villas have risen like Exhala; *ions." And whilst minor Tradesmen have be come embarrassed and insolvent, in the pursuit of honest indns'try, there have been ()thins who used at the . rate of five or six thousands a-year, and have been obliged to discover that they were never worth a moiety of the suns, independent of f dineions Credit. The present Insolvent Ait has pat produced these effects, but, in my judgment, has had a great tetaleticy to counteract .. It 11% is been a subject of complaint' with many .di.appoitsted Creditors, that the Dividends of In solsent Estates have been (tai s. and insignifi eant.—Granted, but would such Dividends have been larger if this Act had nut existed ? Or was it tinge advarvageous ,for - the general body of Creditors when, under the old Law, a mercenary individual obtained the Debtors' means by nerse cutiots, and the More compassionate Creditors were thereby deprived of a particiPation its those means ? And do not the Creditors frequently fore ga the opportunity of obtaining larger Dividends by neglect or inattention to their rights under the Ata ? IF fraud or concealment can be established against a Debtor, the law in existence provides a ptivislitutot tinder the power of remand for five year. ; ih addition to which the Creditors inay, as its other cases of fraud, proceed . by indictment, if peaal severity - is preferred.—ln general cases natter the Bankrupt Laws, the continued imprison meat of thy 'Debtor has been advantageous to the Crednaar, in leading to disclosure and distribution, anhough, its the recent case . of GEORGE PAGE, the y Of death attaches to the capital offeuce of conc. almeut. This case will probably excite corn passion even itt the breasts of those who are de cidedly t(i the measure of relief afforded by the la3olvent Act ; fete in the discussions which Live already taken place in Parisament, it has keels ohsrevahle, that some who have been advo r,oe, for Crimitsals have beets inimical to Debtors, w II not Say friends to crime, but estemies to debt. With reference to a 'case lately putt, re soy, tine a legacy of '3OOOl. devised to a person faking the benefit of the Insolvent Act, I cats say, from personal knowledge, that if the Cs editors bad pursued the legal remedy prescribed, they might lave realized their expectations. That they have vot_done so is no fault of the Ket , which has ra ther ettlargetl than restrained pievi.ous Proviaious iatae,,ne.of Creditors asserting and pursuing their l as t c l a i m s and I ".111 add my conviction, that no one who has really considered the Act cats Iru sly that ith deficient in Provisions for the Iv3irAirir of hand or the protection of pro- ~~ ~ { ~ L' "I be opinions of a highly distinguished legal Se natof-* havint; been adverted to in the public " would he attended with considerable mutual ad " vantage, by ABOLISHING IMPRISONMENT FOR " DEBT. When a ' man is ready to give up all he " possesses, he ought not to be imprisoned for " not doing what it is impossible for him to. do." Again 'A greater service could not be render " ed to the community titan would be - rendered " by that man Who should put an end to the sys " trot of linprisoOment for Debt altogether—a. " system , most fatai to the interests and to the " hAppinessTfif the' community:' Feb. 23, 1819. M. COURT OF COMMON COUNCIL. rriitts, Aott Isis virtuous leaning ,to mistorzune bay ing been coositirreil objectiondble, l miy be per. luircril to offer his oni seiiiiii.eurs, expressly given in P:itlinineoi previous to the introduction of ill, Act ," it bring admitted that cre s tlit has been car " rirti lot, great at) extent in dn. country. " tt,tir i, nn eth Hui allude of citeckitig , it, that Yesterday the - Lo PD MAYOR held a Court of Common Council at Guildhall. His Lordship took the Chair, a few minutes after twelve o'clock, and in a short lime afterwards a considerable number eft' the Members were in their pla‘ces ; but no Covert could be made, in consequence of the non tendauce of . the Aldermen, - two, exclusive of the Lord Mayor, being required to . be present be fore'any business can be proceeded upon, and one only, Mr. Alderman Rothwell, being in his place. During this delay, Mr. James Griffiths rose in, his place, and, addressing the Lord Mayor,. rmide some observations on the remissness of the Aldermen, concluding by expie.sing his wish that his Lordship would send the City Marshals, and take some of them into custody. The LORD MAYOR said, as there was as yet no Court, he could not permit any such obser vations. Mr. GRIFFITHS replied. rather hastily, I know any observations I may make will have no effect upon you. The Lotto MAYOll.—Arn 1 to he insulted in this seat '? Here is a 111811 _wants to address me when there is no Court, and te:ren 1 stop him, tell ., me, be knows no obse . rvation he may . make %% ill have any effect upon me. It he wishes to insult me, as a._ man, he should find some other place to do it., 1 sli4 leave the Court ; 1 shall adjourn the Court.-- , (A general cry of hear, hear, order, order, - ensued, and the conversation ter minated.) Mr. Alderman Cox shortly a {ter made his ap pearance, and at a quarter past one o'clock busi ness commenced. Mr. JAMES, in a short speech. alluded to the ge neral remissness in the attendance ot the Aldermen, and moved a Resolution, requesting the Lord Mayor to represent to the Court of Aldermen the delay and inconvenience occasioned by their nim attend all ce,' and recommend to them to adopt some means to prevent the slime in tutnre. The Loan MAYOR nilSted_ it would not be thought necessary to throw any stigma upon the Cotat of Aldermeh ; he should feel it his duty to represent what had passed, and had no doubt . that the ['toper steps would-be taken to ensure a bitter attendance itr, future. A . eneral cry'of move, - move, followed, and • • An:...limps DANttes rose, and in a few iron's Seconded the motion. • Alderman SCLIOLEY, who had entered the Court a short time before, agreed in the opinion delivered, by the Lord Mayor. - He did not doubt that the representation his Lordship would make to the Court of Aldermen Would be (ate suffi cient, and there was therefore no occasion for such a motion. Mr. OLDHIAI said, when the Aldermen had' passed the Chair, they seemed to think they liad no occasion to attend further to the City's busi ness. Ile had made a similar motion so far back as July, when' the Session's was obliged to be adjourned, through the non-attendance of tie City Magistrates ; and the remedy adopted was to summon double sets. Now every Alderman wa s summoned to attend this Court, and yet the business was delayed, because the attendauce even of two Aldermen could not be procured. He therefore supported the motion; which was' p u t and agreed to, with the single dissentient band of Mr. Alderman Cok. Mr. FAVELL presented a Report from the Gaol ExpcnceS Committee, recommending a Petition tOParliament relative to the expences of the se veral gaols. The evil complained of was the great expence the City was put to in the maintenance of county prisoners; and especially felons under sentence of transportation, of which Middl esex bore no proportion. A Com►Mit.tee of the House of Commons bad , been appointed on the subject of gaols, and it was his wish that the consider• alien of this Petition should be referred to that Committee. After a short discussion, the Report was agreed to, and a Petition founded thereon ordered to be ptesen►ed to the House of Commons. Mr. REcoRpER, in answer to a ,question from Mr. Favell, who said 'he bad read in the papers of that tnorniti::, that the consideration of the number of persons under sentence of death had been delayed, from the want of the Report of their Law facer, &dar • ed that every possible -.at tention bad been paid to the subject by him, that 'the iteport was S e ery voluminous, that he had made it up to the 4anuary Sessions, an d that it was not possible for any human-. being to get it ready with greater cxpedition.—Adjourned. SHOCKING ACCIDP.NT.-Yesterday afternoon, •between three and four o'clock, a poor labour ing man, the father .of five children, who was assisting in repairing the roof of the Clarendon New Bond -street, overbalanced himself whilst walking on the parapat, and was literally dashed to - pieces by filling into the street. He w•as taken up and carried into the hotel, but sur gical aid was useless. A litter was sent from Sr. George's Workhouse, Mount-street, on which he body w'as conveyed thither. • - At the, celebration of the Jubilee in October, 1809, a youth of the name of Smithey - was wounded, at Boston, in- Lincolushirci in. the thigh, by the bursting of a cannon ; since wl►ich time, notwithstanding the best surgicil aid, he has continued very lame, until a few days ago, when, on rising irom his bed,. he intim!, pro trudiog Iron► he wound, a piece of iron, two inches in len.,!th and one in breadth, which had been embedded in his thigh ever since the acci• Sir Samuel Kamill a ,. I dent. i CORONER'S INQUEST: • METANCIMLY SUICIDE Of' JOHN PAUL, ESQ. A Coroner's Itmest was held yesterday after ' noon, before THOMAS SHRLTON, Esq. Coroner for London, at the Committee-room of St. Olave•s • workhouse, Southwark, on the body of John Paul, Esq. a merchant in the City, who. put an end to his existence by drowning himself. ' The deceased %vas a brother of James Paul, Esq. for . merly a Candidate for Westminster, who fought a duel with Sir Francis Bartlett, and who some months afterwards shot himself. Another bro ther, 'l'. Patd,,Esq., -a merchant of Birmingham, poisoned himself - a short tinge ago. The Jury, being sworn, took a view of the body of the deceased : it was in such a state that, bat for his apparel, his identity would lire been ten dered doubtful. John Stevenson, the Mate of rite -Humility sloop, moored near Gunshot-wharf, on the River Thames, found the body on Tuesday morning last, and had it conveyed in a shell to the dead houSe of St. Olave's, Isabella Brown stated, that she was' house , keeper to the deceased ; he was a merchant, re siding at 3, Crescent, Minories. The deceased had been absent. from home five weeks last Tues day; prior to hi# leaving home he was for tome days in such a state of irritation of mind, and so exceedingly distressed, that she felt con vinced that he was not in his perfect faculties : she believed his affairs were embarrassed, and that might have produced the effect upon bis mind. For nights together he would leave his bed, and walk about the room like a person distracted; and when she spoke to him, he would burst into tears, strike his hand in great agitation against his foreh'ead, scream very loud, and appear in great terror ; lie did not like to be left alone, and compelled her to remain hours with him. On Saturday, prior to his leaving his home, he swallowed a great quantity of laudanum ; he afterwards confessed wfiat he had done, and me dical alit was procured ; an antiunte was admi nistered, ind he-recovered. On the Tuesday fol lowing he appeared much better, and between 10 and 11 o'clock at iiight he left home in a hackney coach, and stated -that he would go 'and have a warm-bath. Although she believed him not right in his s itead, it did not occur to her that some person ought to have accompoied him to take care of h left 4 children, Heshai 18 months old ; his wife - died 12 months.ago. John Ramsbottom, M. D., of the Old Jewry, stated, that he had attended the deceased, plat found him labouring under disorder, both mental and bodily. A lefrer written by the deceased was found upon his table, addressed to his brother-in-law, Mr. Hewettson, the corn-factor, of Mark-lane, which witness had read, and from its contents he was convinced the deceased had 'Made away with himself. The letter is in the possession of Mr. Hewettson. Mr. Simllard, assistant-surgeon to Ales!rs. dell, in the Minories, had attended the deceased on the Sunday before be left home,- when be was labouring under the effects of laudanum; with the advice of Dr, Itamsbottom, be sent an ape rient medicine, which relieved the deceased ; be thought the deceased was not at times in his sound mind; he talked confusedly and jambe- yently. Mr. Carter stated, that he was employed by the deceasvd to put his books hi order a short time previous to his leaving his house ; he found his accounts in great confusion.; and was' compelled to get a nee* set of books ;• he sonietimes request ed the deceased to assist him in 'transferring the accounts - from one book to another,* and upon those occasions the deceased, in the greatest agony of mind, would beat hi, forehead ; when he had taken a seat, he appeared for a time lost in thought, hut in an instant would start up like one. distracted. On the Sunday after the deceased took the laudanion he-saw him, he was very ill, and fell backwards whilst .talking to him in a state of insensibility ; he believed, the, deceased took the latidanum for the purpose of destroying himself be was hourly teased for money by his Creditors; and his embarrassments, iu the opinion of the wit ness, drove him to commit the act ; he was 35 years of age. It was stated by'a Gentleman on the Jury, that the deceased was formerly a merchant .at Leith ; he came to London about a year ago ; he was the agent in the business of the oil monopoly, and his speculations in that scheme caused his ruin. The deceased was brother eo James Patti, Esq., of Charles-street, .St. James's, deceased, and of Thbrnas Paul, Esq., of Birmingham, 'deceased, both of whom committed suicide. The Jury retained a verdict, "We are - of opi nion, tl►at the deceased was so far insane as not to Ue•accountabl.e for what he did." Coroner.—Theo your verdict is—" The de ceased drowned himself, being at the time in a 'state of insanity." Foteolitti.—)( -l es, that is our opioiou. It was stated to the Coroner, that a Commission of Bankruptcy had -beets issued against the de ceased during his absence, under the idea that he fled from his creditors. - ATTEMPTED SUICIDE.—About two o'clock-yes terday, a woman named Mihell, the wife of a labouring man residing in.Gravel4ane, Lambeth, had a quarrel with her husband about some do-, [nestle affairs, and in a paroxysm of rage seized a knife and stabbed herself in the right side. ,She was instantly conveyed to a surgeon's shop, and proper assistance was afforded.her, but she is not expected to recover. • MELANCHOLY CATASTROPHEI On Tuesday evening, as Miss BRIDGET FIRMER, daughter of the late Captain FIRMER, of the Waggon Train, was dressing herself for a ball, at Mrs. COUSIN'S; her aunt, itl Phillimore-row, Clapham, her out side dress caught fire us she was adjusting her hair behind, and she was in an instant in one blaze, 'Another young lady, who was also dress ing in the same room to accompany her young friend, immediately. alarmed the house by her shrieks, and !he flames were extinguished by a maid ! , servant from ihe_next room. The clothes on the back part of Miss F. were reduced to tin der, and her hair and cup Were burnt off. Hopes, however, are entertained of her recovery, but she is in great agony. LENT ASSIZES. CHELMSFORD, AlAaca 10. NIAS V. ADAMSON AND OTHERS. car T ry h i i t s ig w a a , s i,,i a y n action. It appeared th a t the plaintiff - 111 0,60P This was the s e co n d tri a l of the same cause the ionftitar,esspgaososisf.'ne se izing and. in partnership with a Mr. White, as merchttrot* and insurance -brokers, in Broad street. The firm became bankrupt, and the assignees nntl e ! the Commission agreed to give up .to Mr. iii 4 it ° all his household furniture, without any "nisi iteration. The p h o o s u s s e e sse a d t of C a lth l i a k eg Pf°l- e r.' r :ll ' : portion of hotisehohl P MT 'in this cntiuty► being perty than his partner, the assignees agiet: l , to give it up to him, in considerati" his p a y in g then' ) 100 1 , Through the friendly to of a Mr. Collinson he raised that sting of mone% and paid it t o th e ass i gnees , w h o g ave hi° receipt fork, and suffered him to remain in t . 4 1 1 ' exclusive possessi on of furniture and household goods at Chink ford. Subsequently to this tra ns : action, some of th e cre di tors w h o h a d not Eice j i parties to the agreement b ecame di ssa tisfied, I r. in the result th e y employed the defendant , Adamson, an auctioneer, who, with his assis t , iin il t . s ; the other defendants, went to the plainti ff 's ° ° , l . - y at Chinkford, broke it open, carried atvil. ev :bi article of furniture in the house, a nd soh' i` ce auction in London. Under these &cultist" - the - present action was brought. b a the It was contend e d i n d e f ence —l st, that s Bankrupt Laws all the property 'aciptif etl ; t ed bankrupt before lie obtained a certificate, in his assi gnee s ; 2dl y , t h at t h e trespass c;rile plained of i u thi s case arose i n consequeo ce °J OO creditors, who were no parties to the traosae;itif above referral to, discovering that the Ol" i c ) „ re was clandestinely carrying ote his oods the seizure took plaee, and was ende ,g avotaint' 0 conceal his effects, and consequently t he tresP a complained. of w as we ll j ust ifi e d ; and tiot be the agreement abov e - ment i one d wou ld 1 1 " hiliding upon an y ot he r cre di tors than thos e ` ll _became parties to it. Evidence was offered on- the part of th e .dants for the pu r p ose o f s h ow i ng that the 1 1141 1 , 3 u, tiff, before the_tresp ass comp l a i ne d o f way e°ll,io witted, had clandestinely concealed some t" .property, of which his assignees knew noihing ; are s a ,the time the agr ee m e nt re f erre d to was ex„ too the evidence on this point was by no satisfactory. , • , t his Mr. Jtlstice P ARK c h ar g e d t h e J ur y, that action was maint a i na bl e as we ll aga inst th e - ee Pendants as the assign ees . I t was true , as L i r r t neral principle, that th e p roperty o f a bal)";,.ja acquired before his certificate vested in h is nees, and - that an action was not maintaina'.-00 a bankrupt against his a ss i gnees ; b u t it had Lie held.that an action for w or k an d l a b o ur w°" 1 11 - 1 1 0 by a bankrupt ag a i ns t- any person , althoq• ne , mid not obtained his cert ifi cate. :Under th e , , , l „-s culiar circumstan ces o f t hi s case , he laid " as law, that the action was well brong br ' r i k s c u t , i e u n s t e , th ee e e . p a t s e s , i i g a n n ee i s )u l i i v a i t r l e . d no right to se'ze . re e 1)6411 iff.'s .goods after they had, by sPe c H t :::rf., 'Die Jury, under his Lords P l7 .lll "s d :ii i r n e it t ei f u i ll.' t h .('" * " : 11 ea verdict tor the plaintiff. lialpma,eB tow - the estimated value of the goods seized. WALTHAM' GANG. Wm.- Bosh, James West wook, George - " rest ' es wood, Joseph .Chessum, R o b ert Wolfe, Jeffrey, and Robert Litchfield, were indic' 4 ,: l burglariously breaking and entering the rivirt"' n r; house of John Chapman,- at _Waltham Holy cr°s : . • in this county, and plundering the house of a riety of articles. Th e p art i cu l ars o f this cast ` ir ere reported at the time in this Paper. ,The Jury found them all Guilty. bit" Litchfield was also convicted of afrlt!' e ' glary in the house of Nash Kemp, at Christl f ;i f little shopkeeper.-ChesSum, Wolfe, and j were convicted of a third burglary. A sell" The Leained Judge immediatelyriss`' jef.• fence of death, and told Wolfe, Litchfici"' p o. Eery, and Bush, that th e y wou ld , certa i n ly be - med. a dd This gang has f u r s ome t i me b een the ' lre : t el the snnotintling neighbodrhood. Wolr e ,: r se• as leader .always ; came to his work 01 ' 1 0 , 1 4 back, a`nd the usual rendezvous was a t hi s I , m , at Stortford,-where th e y a dj uste d their acc°ll and settled the division of the plunder.. • El O y, n o M f JO' o a n d d a iq u . g l h aq t t e , r. at Tunbridge W e ll s , th e Marcliiones- Yesterday, the Lady ofFrancislames Adam, Esq. 1 A MARRIED. 1 0-4 Yesterday, at St. Au gus ti n ' s . Church, John Soth e ' j a y Esq. of-Liverpool, to Margaret, wily daughter of Job" hie, Esq. of Watling-street. , _..-----' PIE. On Wednesday, the 10th inst: D at • his•bonse at 140" ha r d ", , , Mr. John Ayerst, in the s tatb ,year of hi s aa . e. On Monday last, at North Frith, near 'Xonbride'' pher Idle, Esq. aged 48, late M.P. for Weyrnootla' • _,------ 144-... T) D A 1 " PROVINCIAL BIRTI-Is, MARRIAGE S, AN''' , i BIRTHS. . • At Edmonstone Hou se , Scotland, D4i the 6 " rist• gr A Wauchope, of gclitionsione, of a daokhte o A r. s o tioll'!° , On the 20th alt. Mrs. Fraser rivtle • f Ildoure , c 1, of a.daughter. . . ' f . - • / MARRIED. , o rier,f On the sth ingf. John, eldest sdn of Hug ll M"`g 'h and ' Esq. of Betwarden, iii the eounty.of Anirimt " e late Sheriff of that.Cnt to Jane, third Alaughter of 1, 1 ,,,, Sir Andrew Ferguson,n, Bart. of the Farm, near L o ndottu`* ' and niece to the - bird Bishop of Down. do walif At Glaszow, on the Ist. inst. Mr:Alexander. Al writer, to Margaret, eldest daughter ofac f,dri.. t Waliicri merchant. ,R9her ,On the 6th inst. Major-General Thomas Trotter, ColOdetbs !' commandant of the, Royal Artillery, and c ommanding- Royal Artillery in Ireland. • ot. 'At his lodg,ingS, Hentw-street, Cork, on the 2d inst. LI John Peeding, Royal . Navy; son to M. Peeding, .E 6 q* ". Provost of Irving, in Ayrs'nire. e-t of At Taunton. on the 20th ult. Mrs. 11.71ackeuzie,',"P Kenneth Mz.ckenzie, Esq. . At Arbroath, Scotland, on the .21st ult. Mr. Thonta. D ick ' su On rgeon. . • - tine nth alt. at Nice, ‘idnitlier he had gone for te r e : . covery of his health, the. Reverend john Shiels, M tn is h te r the Gospel at Westruther, Scotland. --......--- A, LONDON: Printed by . 1 . B. CARSTAIRS , o f No. 2`t ' t i { -eA, Ormond-street, Queen-square; and p ublished b% ";,,!,1 SCRIPPS, of No. 7, Sthrth 'Moltod:street, at r f",, Mice, No. 112. Strand ; where Adreitiseineatz , Lvtters, &c. (post-paid) must be alUrc.ised. :~~. s/ , / ~~ F j~