The National Register.
London, England, 1814-11-27 00:00:00

NO V. 27.

very few instances are to be found of oppression or injury.
in shoat, in their general principles they are humane to the
debtor and just to the creditor.
On the other hand, what is the situation of the lesser
tradesman, whose debtor is without the range of the Bank-
rupt
Law ?
.An unprincipled individual gets into his debt. He re-
fuses.. payment. The creditor at a great expence of money,
and•a greater one of time, seeks and arrests him. Does he
then pay his lawful debt even if able? Is there a law to com-
pel him ? No; but he goes within the walls of a prison,
avails himself of ill; rules, and pays in poundage, 8:c. what
would have discharged the debt.
In another view of the case, the fraudulent debtor may
not he found. The unfortunate creditor then most probably
occupies the place of the debtor in gaol, and his family is
perhaps left to starve.
Hence we w►►uld ask,.is this an equal enactment of law ? The
richest merchant, however costly the viands that may cover
Ids table, can but exist. The poor tradesman does not less
feel the loss of the mea:;re pittance on which he subsists. The
debtor of the former is compelled to surrender his property
to the right owner. The debtor of the other is induced to
svithhold and dissipate it, in the'gratification of his appetite
and the pursuit of his pleasures. If he defrauds the one, the
gallows is his portion. If the other, he is white-washed by
an insolven law.

That thew are evils—that they are manifold, manifest•
and oppre,sive, every little tradesman in this metropolis can.
to his loss, bear witness.

Where is the remedy to he found ? In a new court—no,
we would reply. The wisdom of our ancestors renders this
unnecessary, and we would seek it in the increase of the
establishment of the Court of Ch ill eery in proportion to
the increase of our population. Is it not preposterous to
think that the same number of Judges with a (perhaps) forty-
fold business, have to attend to the administration of the
law as in the reign of Elizabeth, our population then four,
row fourteen millions.

Fortunately a foundation has been insensibly and perhaps
unwittingly laid. Let a little be added and the superstruc
ture will be complete. The arrear business of the Court of.
Chancery, compelled the appointment of the Vice-Chan-
cellor. The Insolvent Court that of the Commissioner. To
these two individuals let three others he add&d. To the
five (three to constitute a Court; let all the bankruptcy and
insolvent business be I.eferred, whether it arise within or with-
out the circle of trade. Let the powers now vested in the
Chancery of compelling the production of property and
of punishing contumacy by outlawry, &c. be given to this
branch of its administration. Let the salaries be adequate
to the rank of the Judges, and let the expences that attach to
the process-es issuing thence be made to consit, not in exor-
bitant fees to officers, but in stamps for the public benefit.
This, we contend, would be al just and equitable mode of
procedure, and prove in its results, that it contained eve!),
remedy for every complaint now made.
But, bristled and fortified as are the existing establish.
meats with pai.ents, privilege, and patronage, how is such an

781

end' to be 'obtained? Meiely, by the people of England
making their wishes known through the regular channels to
the legislature, and how they expect to have these wishes
gratified.

It is a curious circumstance in English legislation, that
laws on this subject generally proceed from the a:istocratical
branch of the legislature. It is not, we believe, on record,
that even one humane or enlightened act on it ever ori-
ginally proceeded from those who are called the Repre-
sentatives of the People. To the House of Lords is the
,country and humanity indebted for every measure of this
honourable nature.

Whether this has arisen from the preponderance of law..
yeas in the lower House, or from the two, and, at times,
three of the principal judges, with, perhaps, one or two
retired chancellors, shaving seats in the upper chamber, is
another question.' At all events, we must assume it as a
fact, however we may he compelled to deny that it is found-
ed on justice and sound reason.
Mr. Astley Cooper, or Mr. Abernethy, may be very
skilful operators, but with all their eloquence and dexterity,
they would find it difficult to prove, that because they use
the knives with so much ease, they feel more than the
patient. Hence, 'with all due submission, we think the
poor tradesman almost as intelligent on the subject of the
law of debtor and creditor law as tl►e Judges of the land. Ele
suffers from its imperfections. The Judges are above them.
Hence our course of reasoning is natural. The people
suffer ; the people should apply, through their representa-
tives, to the legislature for redress.

THEREFORE, OUR PROPOSITION SIMPLY WOULD BE,
TIIAT AN ASSOCIATION OF TRADESMEN BE FORMED FOR
THE PURPOSE OF COLLECTING INFORMATION 'ON THE

SUBJECT.

This association will grow, like others—the prejudices on
this, as on other subjects, will disappear, and the discussion
will come first before the public, and next berme the legis-
lature, unembarrassed and unfettered.

The period for such an attempt is particularly auspicious.
The lame and imperfect system, recently adopted as a per:-
manent one, will require alteration. The iecent act.of Ltd
Ehenborough, in which he has proved his wisdom and in-
telligenee, as well as the greatest practical hum nit', is
another proof of the approach of a more ehlightentd sv;etn.
To lds endeavours, we still hope, we may add those of :'.;cr-
jeant 11(.51. Here, then, is an excellent foundation; and
particularly if 'me recollect the names of Romilly, Leach,
and Taylor.
After this introduction, it is hoped that but few induce-
ments need to be held out to call forth the exertions of
those who experience the inconvenience arising from the
system of the law "as it is." thdividual exertion is but
required on the part of the subject. Legislative aid will not
be wanting. (knee, it is cohrniently exoected, that
member of the commercial %,orld, who may have felt the
iuconvenience, exert 11imsell ‘vithin his Own circle to
impress the t. •,f the ,hove statment on the 'IAA.. of
his friends, 1: —cessav of exertion to procure a re-
medy: For promote this obje :t do net fear, that
if the trail' s 100 of tWs metropolis loek the subject fail
ly lit
the face, they ''l 1.)/7 speedily couvieced, that the ::;•-
rat entiv anxious love of the professors of the I:iw tl•eir
interest is, in fact, merely for their own benefit ; and
profit to the lawyrr, not justice to the client, is the
object and cause of that clamour Thatilas of late been set up
•.i
in defence of the suffering debtor*

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