The Express.
London, England, 1859-01-06 00:00:00

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Ski PLIX b.

HIGH WATICK AT LOMIDON BUIDGE.
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LONDON.

THURSDAY, JAN. 6.

Ma. Commissioner GOVLBURN in most rightfully
refusing a certificate to the fraudulent bankrupts
Daetusox and GORDON has delivered a judgment
which will be generally regarded as among the
ablest and most ►atisfactory ever pronounced in the
mercantile tribunals of this country. The learned
Commissioner prefaced his sentence by some ad-
mirable preliminary remarks on the great advantages
of publicity in these mercantile cases. In the opinions
thus expressed we entirely concur. In advocating a
Reform of our Bankruptcy Procedure, it has always
been our anxious endeavour to discriminate be-
tween the Administrative and the Judicial func-
tions of the Court. For the asks of expedition
and business-like management the Administrative
functions of the Court cannot be exercised
toe privately ; for the higher interests of com-
mercial morality, for the purpose of dragging
doubtful transactions to the light of day, and
setting the broad stamp of public reprobation on
equivocal, or disreputable, or fraudulent pro-
osedinge—the judicial business of the Court
=mot be transacted too openly. To prove
debts and marshal assets in open court,
tad with tne forms of a judicial prooedure, is
a sheer waste of time ; to investigate the conduct of
the bankrupt and adjudicate on his certificate in
private would be a plain departure from firmly esta-
blished principles. We are not aware that the
Bankrupt Law Reformers, who moat zealously ad-
vocate the one change, have ever seriously contended
for the other. At all events, if there be such
• clam of theorists, we must take leave to
express our entire dissent from them, and our
unqualified concurrence in all that fell from
Mr. Commissioner Goct.BURN on the expediency of
maintaining unimpaired the absolute publicity of
these judicial function+ which our Bankruptcy Courts
now exercise in awarding, classifying, or refusing
the certificates of those traders who become amenable
to their jurisdiction.
As the Commissioner very properly remarked, it
would be difficult to conceive a case in which the
advantages of publicity have been more signally
manifested than in this. Whether DAVIDSON and
GORDON were or were cot entitled to their certificates
has, in the course of the inquiry, sunk into a point
of secondary importance. It has been generally fell
that the commercial morality of the first mercantile
emporium in the world has virtually been on
its trial during the recent investigation. The
propriety of allowing DAVIDSON and Comas
again to act as traders has become • mere
nominal issue; the point of absorbing interest
has been this, whether a late partner in one of the
first money firms in the world has or has
not been guilty of conduct inexcusable and in-
defensible, evca according to the somewhat
lax rules which are to) generally supposed
to govern the every-day transactions of the
Mart and the Exchange. We have hitherto ab-
stained from coinmentims on the part played by
Mr. CHAPMAN in thole proceedings; and we have
dons so for an obvious MOOD. Mr. CHAPMAN
appeared in Biainghallstrect not as a party, but as
a witness only. Ile was not represented by counsel.
His manner as a witness, as Mr. Commissioner
Count:lax admits, was very much against him,
and it appeared probable that in a very lengthened
examination, ranging over a vast variety of com-
plicated and remote transactions, his memory occa-
sionally became confused and his statements
unintentionally inaccurate. Under these circum-
litances we comidend it better to wait until the
whole matter had been duly sifted and weighed
by the acute, impartial, and attentive judge, who
heard and noted every minutest portion of the evi-
dence, who had witnessed all the hesitation of manner
and compared all die discrepancies of statement,
and whale matured decision was not pronounced
until after the fullest investigation had been
exhausted, and the most anxious deliberation
exercised. Mr. Commissioner GOULBt:RN'S judgment
having now Ave', pronounced, all reasons for further
abstinence from comment are at an end. And what is
that judgment as it sit ets Mr. CHAPMAN? It
acquits him indeed of the charge, somewhat incau-
tiously advanced, of giving currency to the fraudu-
lent warrants of:, r he had become aware of their
fraudulent character. Of this grave charge
Mr. CHAPMAN stands ecquitted, but of this alone.
Mr. Commissioner Cot. as reprobates in lan-
guage of just and vigorous indignation the "need-
" ness " ot that transaztmn by which 51r. CIIAP3IO4
got speller out of Cott: fur 151. • ton, when its sell•
ing price in the market was 231. • ton—it being then
known to 1.11.41'M iv that Cote had abstracted it.
COLE had been guilty of what amounted to larceny,
•ad Cit a P 4.01, in screening that guilt for his own
wads, rendered himself amenable not only to mnrsl
sensate but li.emlly to criminal proceedings. This
transaction the Commissioner declared had "set a
" blot on Mr. CHA PAVAN'S esCutcheon which no time
" could ever remove." Mr. Cittensx's excuse was
that he kept the felonious proceeding quiet " out of
" regard for his own position." " He meant," said
Mr. Commissioner GOULfs URN, " Out of regard for his
owe pocket." For • motive purely mercenary he

allowed himself to become an accessory in what is
properly stigmatised " as a vile and wicked fiend."
So, again, with regard to all those transactions with
I r tvID.-JN and GORDON which followed the decisive
meeting at which the extent of their knavery was
revealed,—Mr. CnAPSIAN did not, indeed, assist in
passing warrants which he knew to be fraudulent,
but he did assist in bolstering up a credit which he
knew to be fictitious, in giving, by the vast money
power at his command, a false appearance of
wealth and stability to a firm consisting of a
couple of adventurers, whom he must have
known to be insolvents, and whom he more than
suspected to be felons. It is only fair to my that
the house of OVEILND, GURNEY, and Co. do not
appear to be in any way implicated in these dis-
creditable transactions of their late partner, which
have undoubtedly entailed a loss that by ordinary
firms would be considered as severe.
Al to Wilms and GORDON themselves, no
one can doubt for a moment that the abso-
lute suspension of their certificates is of the
very essence of mercantile justice. To have allowed
these men again to embark in trade would have
been neither more nor less than a judicial sanction
of the worst species of mercantile fraud. The very
application for a certificate in such a case is indeed
the as plus ultra of shameless assurance. What-
ever offences a trader, as such, could be guilty of,
these men had committed ; nor can we discover a
single circumstance, except the extent of their trans-
actions and the consequent enormity of their
delinquencies, which could have emboldened them
to try the experiment of obtaining from
a mercantile tribunal a fresh permit to prey on the
trading portion of the public. Their certificates have
been refused most righteously, nor should we have
thought so clear a case worth a moment's comment
had it not been for the lamentable evidence it sup-
plies of the facility with which • mere gang of
rogues and sharpers in the disguise of traders
obtained the nazis of supporting a false appearance
of credit by the discreditable and disgraceful con-
nivance of a partner in one of the first houses in the
City of London.

Cbt Court.

WINDSOR, JAW. 5.

Her Majesty's dinner party yesterday comprised
the Prince of Waldo and Princess Alice, the Duke and
Duchess of Welllagton, the But of Sandwich, Viscount and
Viscountess Pahaenton, Vie:cunt sad Viscountess Hardinge,
the Dena of Wladaor and the Hon. Yrs. Wellesley, Colonel
the Hon. R. Brun end Captain Grey.
The band of the lad Life Guards was hi &Modena, and
played daring dime.
Ovatare " is Wow"
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Her Majesty's private bead aftsrwerde performed is the
Drairimrroma the

Overtufv- Olans Lalrai

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_mY
,741.-177 ii7.l7.lZ<Zl.3.:Zrwlis;;Z-. pinta- Nebo; .
!lamb U. Weihr dor 'nue'
The Q... awl Priam Consort walked la the Holes Park
Ws saanang.

The FriaTae of Wales, attended by Colonel the Hon. H.
Bruce and Captain Grey, went to Claremont, to vita the
Comatose de Nattily.

Tha following Midler, left the Castle to-day : the Dake and
Duchies of Welßegina, the Berl of Sandwich, Viscount and
Viscountess Palmerston, and Viscount and Viscoentese
Hardier.
The Prime of Wales will leave Windsor Castle upon
Monday sent, sad proceed to the Covalent, where It le pro-
bable that his Royal Highness will make a tour of several
mouths' dentine. His Royal Highness will, in the Brat
place, proceed by Munich and the Bremner Pass to Italy, snd
go direct to Roam, where it is understood he will reside for
rime tuns, to suable him to study the antiquities and objects
of cleaned and artistic teleran. Ice order to avoid calls

on his tiros, calculated to interfere with the object of
his Royal Highness's journey, he will travel incognito. TLe
Prince will probably afterwards lay a visit to the prinapel
bows. of the north of Italy, returning to England by So a-
rmload sad Germany.
The young Prince will be eccompanied by his Royal High-
nem's governor, Colonel the Hon. Robert Brace, Ca•etaio
Grey, Equerry la Waiting, the 1t,,. C. Tower (who veal act
as chaplain sad es superlateodent of the Prince's studies),
sail Dr. T. Chamber,, the medical attandantupoa his Royal
Highness during the tour.
lier Haim', will hold a Privy Connell at Windror Casa,
on Tuesday next.

D..eyetches were neat from Gls Colonial-dem yesterday to
tbo governors of the Cape of Good Hope, Natal, St. lithos,
Ceylon, Hoag Kong, the Mauritlus, Gibraltar, and Malta.

The Feel and Countess of Clarendon have been
entertaining the following company at the Grove, near
Watford, during the pad week Excellency the

Prussian Minister and the Counter de &ranker, the
Court and Countess de Persigny, the Earl Cowper, Mr.
Amenable Lumley, Mr. Graham Vivian, Mr. Bithure,

The Earl and Countese of Camperdown have
arrived at thalt mid/nos co Wilton-torsos, from Scotland.

The Counter Heasenbourg and Wile. Hessen•
board have arrived at the Brunswick Hotel, lerruyn• sir( et.

Vi,esunt and Viscountess Newport arrived at
their realdeere in Wilton-createat yesterday fro® Weston
Staibrdshirs.

Lord and Lady Wodehome have arrived in Bry-
&natal-maw' front visiting the Earl and Coasters of
Clarendon at the Grove, near Watford.

Lady Arthur Hay has lett town on a visit to the
Earl and Camden, Howe at Glopmll Hall, Laicestenthirr.

The Right Hon. W. and Mn. Cowper arrived in
town yesterday from visiting the Earl and Counter of
Shaftesbury at St. Giles' House, Dorset.
_

Some years since the late Earl of Kenatare pre-
sent. 4 for distribution among the poorer depositor. In the
Ktilarney Savings Bank the amnifthent donation of 1,000/.
Suberquently the Hoe. William Brown contributed e
similar amount to the same bearficent purpose. Within •
few days past the present earl has ordered a sum equal in
amount to that contributed by his noble Mothers to be de-
voted to the semi object. This make. 3,0004 presented by
this family towards the relief of the mast needy depositors is
the fated beak.

The Secretary of State for India in Council has
appointed Kern. G. G. Scott and Dtgby Wyatt j4int archi-
tects for meting the saw India-office. The building to to
occupy t►at half of the site in Downing-street which !weft
Parliesient-etreaw, sad will form a united front wiih the

new Foreigarmffiort. The arrangement of the exterior
fell to Mr. Scott, while Mr. Dishy Wystes knowledge of the
hernial deomatioas of mattimval works to Italy end more
*vivre ctuntrka will be brought to bear upon the Warns(
Foe/toss of the etractare.
The rumour of a semi-official announcement bas-
in bees reoelved at Woolwich of the intention of the War
Department to appoint a diatingaiehed ofAxo- of the Royal
Artillery se Governor-in-Chief of Woolwich Amensl was
yesterday (says the lone.) spoken of from a moat n-liable
source. The office eppropriated during tle Rtursiaa war for
the aseembling of the heeds of departmental in committee is
ordered to be abolished, sad the eetablishment employed
therein to be mitered for service, is airml,r c.tpeelt ire, in the
departments. There stem it le meld are preliminary to the
change above referred to, sad which, it is stated, will id-Kt
most itupwtaat economy la the expenditure of the Arsenal.
The ameufarturing departments, It is added, will be directed

end emits:Med, tu;der the Romany, by civilian, Carload
Tonna, noyeristendest of the Royal Carringv Department,
ie swathed se the future Roversor of the satabliehoent at •
salary at 2,0001. per ansam. _ _

The Caterlurzleungen ens haleslichen Ileerd ("En-

tertainniesta at ihe Dentertic Hearth") of Cologne, • ;44.
°died publication •lited by Keel Gatzkow, and &Alerted
after Mr. Dichosa.' HosestAold Words, has I►Wy inserted
some Berlin letters, in which high praise is given to the
practical sod domestic permits of the Victoria, who,
it appears, superintended the famishing of her ma palace,
and apologised &r not returning a morning call, by stating
" that all kw time had been taken ap with the abating."