The Sun.
London, England, 1837-06-19 00:00:00

TO THE RIGHT HON. LORD JOHN RUSSELL

MY LORD—I am aware that considerable improvements
have been effected in the Criminal Law, and I most cor-
dially rejoice thereat ; but I now bring before you the
pressing necessity which exists for an effectual reform in
the Civil Law. I assert, without fear of contradiction, that
the present state of it is, generally speaking, an enormous
tax upon the commercial and manufacturing interests of this
country : witness our bankrupt laws, whereby an estate,
which, at the onset, could have paid 10s. or 12s. in the
pound, is reduced to Gs., or at least to 7s. Is not this in
truth a tax upon the commercial or manufacturing creditor ?
I may be told that the creditors can make their election,
either by way of a fiat or an assignment ; admitted : but
there are among some creditors men (as I have recently
witnessed) who are not disposed to assent to the latter pro-
posal. Such disposition is not controllable, and consequently
the many must submit to the arbitrary will of the few, or,
perchance, the unit. Still, whatever may be the fact upon
this point, this admission will, I believe, be made, viz., that
however optional the resort to a law may be, yet it ought to
be as simple, as cheap, and as speedy as possible. I shall
endeavour to show that at present it stands opposed to the
two former, if not the latter. First, then, as to simplicity ;
does it require three Commissioners to hold five meetings,
at an expense of 51. each meeting (their fees alone), to de-
cide upon a case which as many men in a tradinc, or mer-
cantile line, possessed of ordinary capabilities, could arrange
in once or twice meeting? Does it require the multiplicity
of documents and affidavits, now had recourse to, to render
means effectual for the disposition of the effects? Cer-
tainly not. Now as to expense : this is, of course, the con-
sequence of such cumbersome machinery—a plea for delay
and constant disbursements. Such is, in fact, the whole
tenor of our Civil Law. Witness our Chancery proceed-
ings, in which, to my knowledge, a case, simply for the ap-
pointment of trustees, has been pending now more than
two-and-a-half years, at an enormous cost, merely on account
of unnecessary delay. These, ray Lord, are but two out
of many cases known to rae personally ; they are both at
this time in prosecution ; and I may now add, that as long
as the laws are compiled by those whose profession is directly
interested in these abuses—l say as long as their opinions
and legislation are exclusively regarded, uninfluenced by
the opinions and unaided by the experience of the trading
and manufacturing interests, so long may we hope in vain
for that imperative and urgent measure—an efficient Law
Reform. This, my Lord, would not be an infringement
upon the rights of any man. This is a question affecting
the interests of every tradesman and manufacturer, be he
Whig or Tory—a question, in my opinion, second to none
which can occupy the attention of Parliament.
I could extend my observations, but for the present shall
content myself with the expression of a hope, that they will
be the means (imperfect as they are) of drawing attention
to so vital and important a subject to the commercial inte-
rests of these kingdoms.
I am, my Lord,
Your's respectfully,
J. H. S.