The Press.
London, England, 1855-11-03 00:00:00

140

comment here, though we may possibly have
to examine it at a future time, for immense
importance in "City" quarters attaches to the
strict interpretation of the Bankers' Act. We
prefer rather to examine the justice of the
artful pleas so plausibly talked in certain com-
mercial quarters. Strange sophistry, indeed,
has been had recourse to for the purpose of
palliating the enormous frauds perpetrated at
" 217, Strand." We shall expose the dangerous
sophistry, which we are sorry to hear whis-
pered, and mattered, though scarcely openly
avowed.

For example, it is furtively asked:—" But
" were PAUL and STRAHAN SO very—so shock-
" ingly bad, after all ? Of course," cry Messrs.
Gammon and Quirk—" we do not defend their
" conduct; but look at it calmly, and what they
" did was not much worse, H' at all so, than
" what is done by the consignees, who under
"take to pay 'at sight' for cargoes, delude
" captains of ships, sell the goods of the
" foreign merchant, and fail before the week is
" over, leaving a dividend of five shillings in
" the pound. Or, look at the number of frau-
" dulent bankrupts, who are let off with only
" a couple of years' imprisonment fellows
" who might have paid thirty shillings in the
" pound. Or, look at the numerous cases of
" executors, who have used in their own busi-
ness the capital of their wards, though
specially left to their guardianship under the
•' wills of deceased friends. Does the criminal
"law deal so severely with them ?
This glib sophistry runs too fast. To
prove that a man is not morally bad because
his conduct may bear colourable precedent
in the 'vitiated Mercantile morality of the
age is utterly beside the purpoie. It is too
true that the morality of the commercial world
is becoming very low, and that is a reason why
the criminal law, for the sake of society, should
be called into active operation. If men cannot
be restrained from evil deeds by considerations
of honour, then severe statutes must be tried.
Hence the Bankers' Act was passed by the
Legislature.
But, then, how can the case of the bankers
be morally discriminated from those of other
bankrupts, or from the executors who escape
the criminal law? It can, we answer, ne
plainly distinguished. Bankers advertise
themselves to the whole world as men whose
special business is to take care of the money
of other people. They are trustees, and are
paid for being so. They can realise a large
income by their lucrative agency to their cus-
tomers. They are admitted into the secrets of
important families. Rank from the West-end,
Capital from the " City," throng their offices
and solicit their intervention. They exist for
the most confidential service ; their banking-
houses ate, as it were, the confessionals of
commerce, and to violate the engagements so
secretly contracted is the worst kind of breach
of trust. The Legislature has thought so ad-
visedly. The Bankers' Act was passed in
1828, when a galaxy of first-rate juridical
talent was in Parliament. Lord LYNDHURST
was then Chancellor, and Lords Er.DON and
TENTERDEN were in the Upper House, 'While
BROUGHAM, SUODEN, SCARLETT, and WETHERALL
Were in the Commons. The Act taking
statutory cognisance of such dark deeds as
STRAHAN, PAUL, and BATES committed was
passed after full consideration, and we trust
that it will continue to be upheld by the Legis-
lature of the country.
The Old-Bailey logic which would try to ex•
eulpate the convicts by classifying their acts
with those of consignees cheating their foreign
correspondents, and knavish executors, proves
too much. If the criminal law could effec-
tually be made to reach the dishonest con
signees and executors, it ought to do so ; but
there are difficulties in the way obvious to
every jurist. But fortunately the law can
touch tie acts of bankers ; and it is lucky for
the commercial credit of the country that it
can be made to do so.

A great part of the indignation felt against
these convicts arises from the connection of the
house with the religious world. " Tartqffe's
" bank has broke," is a ery which stirs many
feelings. As to what degree the " Tarttyleieni
was carried to, people must,judge for them selves.
We have all heard of " Sir John's Private
Chapel," " White Cravats," "Exeter-hall," &e.