The British Press; or, Morning Literary Advertiser.
London, England, 1809-03-02 00:00:00

•
which thus restediwitb the creditors *lose, or
eves, aa the case might be, worm a single use; and
any creditor, without intending more, might prove
his debt, merely tor the purpose of dissenting from
the certificate, and thereby perhaps indulge him-
self, if a splenetic or irritated *editor, in the plea-
sure of keeping the unfortunate batokrnpt iu prison
for life. Upon the policy of imprisonment for
debt, as a general principle, he hail always enter-
tained the most senous doubts ; sure he was that
any person who could suggest un efficient remedy
fur so positive an evil would be doiima most turf.-
tial wood to his country. But of this he was cer-
tain, that in the case of an oncertiticated bankrupt.
it was always unjust, because it was iuspossilde fur
hula to pay, where the whole of his property was
taken from him; and if he had property, he could
only poises.; it by being guilty or u capital felooy.
When. therefore, they considered the cue of a
creditor keeping back a certificate from caprice. it
was impossible to calculate the mischiefs attending.
on it. To say that certificates were often granted
to fraudulent debtors, and withheld from I
ones, might seem somewhat par...doxical ; but that
would vanish, when it wascoissidered that certilieatee
were often withheld, with the view of obtaiiiiiss
some additional security for the tlebt, either
from the Bankrupt himself, or sonic of his
friends. This was nut a suppositions caw.. but
what he knew frequeutly happened, Mid when
such securities, and the certificates se fraudently
*Wined, were set aside by the Civet:ll6r. Thus
this practice held nut a strong teniptatiou t• felony.
Imo which many would fall, where it was to
a 1;4•1• perhaps for life. This was also a tempt*.
bon to a Ihriikroot not to make a full disclosure of
hi. effects, awl lie knew of a case, no later thou yes-
taday, where a petition was presented to oppose
the granting a Bankrupt his certificate, which was
only defeated by the affidavit of the Bankrupt,
stating the opposition to originate in his (the Batik-
rapes) preveisting the petitioner from louring a la ri4er
debt against the estate than was really due.—
• Th.: delay in granting certificates was another evil
calling for redoes. ; end, upou an examination ieto
the number of commissions for twenty years haek,
he averred there were more cases of certificate. be-
ing whistle-la, for two, three, four. and men Lamar
rind,, than of those obtained in reasonable and
or hoary periods. then. it would be a-keil,
at, the remedy for these el ifs? [or hri part hr
by on means approved of temporary expedients.—
lu 1772 anal 1778 throe had been two instances of
estending insolvent act to the of uneertiti-
cabs! bankrupts; in Ireland, oftener. But he
knew of HO psioriple npon which a creditor ass to
be wholly deprived of the privi!ege ofexereisiseg his
jodgmeet is grautm.: oo with4oldiseg the ceititi-
e. ate. The irm Ay, then, that lie ,honk) propose.
was this : Not to late away the poser of the cre-
ditor of opposing the eradicate, tor the space of
twoyears, at the expiration of ohich time the bank-
rupt might petition the Chancellor. with notice to
all his creditors, who a uuld thereby have the oppor-
tunity-of opposing him, if they had good grounds,
said if they had. nut, the certificate would go as of
course. To this might be objected the expo-lose of
such a mode of proceeding—this might Le easily
obviated by doing sway ail stamps upon the pro-
ceedings ; indeed. lie bad long considered all
stamps upon the seeking after justice, as the least
defensilde.all.l most injurious, of any murk of levy-
ing looney, not se:i.epting even the Property Tax.
This pert of the reform. and this alone, lie pro.
posed should have a retrospective operation. ur
order that all such bankrupts KA had ah'ew,ly been
improperly kept out of their teitifi,hies, faiOit be
entitled to the benefit of it. It would he asked,
while he was extending relief to bankrupts, hail he
an, remedy to propose against frauds committed by
them ? Ile Was free to eonfess he knew. of mom that
was likely to be efficient. There seas one upon
willed., however much iiiXerencr ex iats.l.
It was undoudecllycriiisideied that the severity of
the Bankrupt Laws was the cause of must of the
frauds - -

committed under them , and at was cer-
tainly singiiiar, that, notwitlistamling the • number
of Comnii.siona yearly is.ard, and the fraud.
antorion.ly practised. there hied been but three
prosecutions for offeme• under the Bankrupt
Law', in one of which there will ft conviction and
osecntion ; am.l in another, the. e was a cOO% icti tttt
which was afterwards discovered to be against jos-
bee, ana the man was pardoned. If, thirielnre, they
were to wake the oitenees simple leliniy, there was
probably a illative of haring the law. !letter en-
foree.l. It was not I'l%llltelltlnll to 111111' thi, bill ;
but after the first reading to have it limited, and to
lb. the ?wound readimr for a iliNtmit day, in order to
afford t nue for comii:leritic, it. Ile clod not,. bowe-
rs/v. mean a very distant clay, a mouth perhaps, a.
he certainly wished the Bill to 1 its% 111,11111 g the pre-
scot Se.sions, in order that the 'woe& of it might
be enjoyed before the loin; vacistiou.
I fr,l‘e was then .;Irmo 10 bring iu the Mil.
Time Corti Diaillery Bill ail. read a tiiirsl
Om a few aliftervatious (rims Sir J1111:11 f 1 41. I.
against the 00:71SUre. and Mr. DaviE. Ilitune uo
rapport of it.
The Irish Expottation Suspension Bill
was read is third time and passed.
On the motion of 31r. 111:AILISSON, it was or-
dered, *. that the House should. to-morrow. go
into a C 'flee upon the subject of the draw-
back. on sugar."—Adjoaraied.

I.

To the flight lion.' Lord Viseoulit Ca►tle►eagh.

IMY Lomb—ll:mug blinked forwanl In Lord
Henry Petty'r Inia;4-proutisrd rnotiou of Inquiry

into the Campaign in Portugal, crowned by the
Convention of Chore ! I cannot' but express my
surprise, that neither the Noble Lord also proposed
tile luquiry. nor the Noble Lord (namely. your-
self) who so strongly marked it in his °theml letter
to Sir flew Dalrymple, at the particular commisial
of the King.--nor any one Member of the Douse
of Co.nmoirs, should have, iii the whole course
of the debate, mice adverted to the leuditiK and
&aria; circumstance. or teak one single Intpi.r,
why the couutsy " was not informed of the Con-
rend** entered into. and concluded, on the stid of
♦ugust, till the 4th of Septeuilei : or iuto the dis-
respectful ciivitinAtance of Minister* being lira
apprised of it, through the Portugue,e Arnhem-