The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-14 00:00:00

TO THE EDITOR (IF THE BRITISH PRESS.

Sit,—Various occuirences have prevented my addressing you
sooner on the above important branch of this subject. At length,
I take up my pen fur that purpose; and having attempted at
apology in mg Lest (the 22t1 of October) for the subsequent re-
mark., I shall, with due deference to superior information ski
judgment, without further preface mar&
},very commission of bankruptcy is directed to five learned menu.
ben of the law, whether counsel or attorneys ; and in case any our
of the live should die or withdraw fnim acting as a commissioner
before the affairs of die estate see wound up, I understand the
commission, being incomplete, is void, and a new commission is
necessary. Now It may happen, that a commissioner named may
die before the commission is opened, in which case there would be
no authority to proceed in it, even to examine into the act of bank.
ruptcy, or any other preliminary proceeding, before the basikroptcy
was published. If this be the intent of the Legislature (I do not
say that it was) is it not incumbent on the whole five to qualify by
the prescribed oath, in the presence of each other, before the bob-
netts of the commission is proceeded in ?
Under the present system it is generally understood to be ray,
often the case, that one, if not two, out of the fire commissioner,
know nothing more, from beginning to end, about a bankruptcy ill
which they are named (I mean in London) than what they learn
from the receipt of their portion of the fees. flow these leer are
divided is not generally known ; it may be by special agreement be-
tween them fora periodical stipend in the lump, or by a certain
portion of the fees of every commission. In some instant s the at.
tendanec of commissioners is partial, and documents are signed lir
them at their chambers; but can it be defended as right or natural,
that any responsible character, holding a public judicial situatioa,
can be justihett in signing his name to sanction an adjudication of
matters with which he is totally unacquainted ? But these last oc-
currences are toocommon to need evidenoe to verity them (as stattf
in nip Petition to the House of Commons, presented by Alr.Baring
the 30th of June last) ; and it most be manifest to every capacity,
that in such instances the country debars no benefit from the skill
and learning in the law of the absent connotation(' (which was the
object of his appointment) fur the satisfaction of the people and the
preservation of the public peace ; nor the parties in the case, from
whom he takes a consideration to decide to the beat of hisjudginent
and experience.
I think, Sir, that every just man must contemplate this prank"
with a degree of horror, as a bad example from the le arocd sad co•
lightened part of the community to those inferior to them in met.
tel acquirements and the power of promoting the good of ao:iety.
Vet this dreadful system goes on, and, by a late Bill brought into
Parliament, is intended car go on to perpeti ity. I augur this, be-
cause there is nothing in the Bill calculated to alter it. And whiles
the commissioners are so numerous, with commandin‘ influence
from family alliances, private friendship, the prospects of wealth
and honours, it is hardly possible but they should have leanings
and inclinations too powerful 11l be resisted in all eases whota
favours may be expected in return for favour and partialities already
'hewn, and that die due course of justice may not thereby be Witt-
ruptcd.
A further objection to this system, especially in London, is that
commissioners are often seen advocating the cause of most dainties.
offenders (Innkrupts), before other commissioners, with whom the
advocates are riot named in those commission., directly opposite to
their mural duty, as judges in bankruptcy cases, sad to what wooed
have been their own determination if the uses bad come before
them as commissioner. instead of counsel. This is a practice cal.
masted to lessen die character of comnbasioners, rather than to up-
hold the due dignity and reverence of judicial authority
Vonitnissioners. as jt01g..., should be wholly independent and
consistna ; and how car tkis be, while they are either Tunchsing
counsel or attorneys, ciriti:ioolly having bricesoresses put into thew
hands, or otherwise professionally employed, by persons subject to be
interested in bankrupt emotes, to which these toembersof the Jae are
commhsioners, and from whom the courtesy 'Weird society renders
a particular attention to the individuals that employ them wholly
unavoidable? Those who are attorneys give briefs ur caws to those
whet are counsel, which (-mattes a leaning towards the wishes of the
party from whom they derive professional advantages, and this na-
tural inclination runs through the whole race of lawyers, uhrilscr
acting as ~e rinis•iniers or solicitors to bankruptcies, of which the
attorney. also e forty miles from London may be sometimes emu-
inibioncrs, iamietinies solicitors; and the social affinity, from nen.
tool pecuniary interesta, is so strong, that to expect justice to Inc
administircd would be to expect supernatural conduct in that so.
dissoluble compound of virtue, vice, consistency, and absurdity,
which dic as recognises, though in different proportious, isis von.
shouting Ilem.
1 must now, Sir, beg to defer the conelo.ion of thus head rill a
eirng7tenthedtay.ibti
jhie,..enteiitroilln.WllC‘hitieacnteedalifougrteo,wwitnh'usobite)s.‘t'iuggwelastntshfeorri"anaortbat
I remain, with respect. your very obedient savant,
EDMUND TOW NSEND.
lUsoilfued-street, Jan. 13, 1821.

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