The Sun.
London, England, 1863-02-18 00:00:00

A Married Woman a Bankrupt.

Eliza Maria Batler, otherwise known as Eliza
Maria Amphett, late a prisoner in Springfield Gaol,
Essex, was yesterday brought up at the Court of
Bankruptcy. The circumstances 4:)f the case were
very peculiar. The bankrupt, when a single woman,
had lived at Ely, in Cambridgeshire, and had con-
tracted debts there and in London of about £1,460.
About 12 months ago she married Mr. Butler, and
they lived at Romford until October last, when she
was arrested at the suit of Messrs. Jay, silk mercers,
Regent-street, on a judgment obtained against her
previous to her marriage for a debt of £6O, and
committed to the debtors' prison at Spring-
field. There she remained until the periodical
visit of the registrar, who adjudicated her
bankrupt, though knowing that she was a married
woman, and bad not traded on her own account,
but oddly enough refused to order her release. From
her examination before the registrar, it appeared
that she was entitled to the interest of £6,600 in
stocks, under her mother's will, but this passed from
her to the trustees in the event of bankruptcy, in-
solvency, or cornpo,ition. Butler, the husband, had
also been arrested for some of her debts, and is now
passing through the court to rid himself of h:s own
and her liabilities.

This was the first sitting under the bankruptcy.
Mr. Sargood, who appeared for Messrs. Jay,
asked that the adjudication should be now annulled.
As this was the day appointed for the first sitting
before the registrar, and as there were numerous
creditors in attendance, it had been thought con-
venient that the application should now be made
to his Honour. Since the prisoner's commitment
at the suit of Messrs. Jay, in October last, there
had been four other detainers lodged against her.
In her examination before the registrar she stated
that she had never traded; that she had a fixed in-
come, the interest of £5,600, under the mother's
will. Being a married woman she had applied to
the court above for her discharge, but it had been
refused. When the registrar visited the gaol the
detaining creditors appeared and urged that he
could not make a married woman bankrupt, and
that it was in her power at any time to release her-
self from custody. The registrar adjudicated her
bankrupt, but refused to release her. She had not
surrendered, on the ground that she was unable to
pay the fees of being brought up. The husband
had since been arrested, and had petitioned for an
adjudication against himself. The clear object of
this proceeding was to secure Mrs. Butler's pro-
perty to her own use, by causing it to pass into the
hands of the trustees, who were relatives.
Mr. Denny and Mr. Macrae also opposed for de-
taining creditors, and urged that the bankrupt
should not be allowed to evade the claims of her
creditors in this way.
His Honour observed that the proceeding was not
at her own instance; she bad been adjudicated by
the registrar.
Mr. Sargood said the question for his honour to
decide was whether an adjudication could stand
against a married woman.

-The Commissioner—The new act says that any
person who has been in custody for a certain time
may be made bankru?t, whether a trader or not.
Mr. Sargood thought it a casus omatus in the
new act in not providing against a married woman
being made bankrupt by the registrar.
Mr. Macrae said he believed it was the first case
that had occurred.
His Honour said he would take time to consider
it.

MARKETS---This Day.

MARK LANE.

A somewhat increased supply of home-grown wheat was
on sale here to-day, in fair condition. Generally speaking,
the trade ruled quiet, yet prices were supported.
With foreign wheat the market was well supplied. For
all descriptions there was a limited retail inquiry, but with-
out leading to any change in the quotations compared with
Monday.
_ _ '

Floating cargoes of grain were in slow request, at late
rates.

Fine barley was in request for seed, at extreme curren-
cies ; otherwise the demand ruled inactive, at barely previous
quotations.
The malt trade was steady at late rates.
Oats—the supply of which was small—moved off slowly
on former terms.

Beans met a slow sale, yet prices were firmly maintained.
The supply on offer was moderate.

Peas ruled steady as to price, but the demand ruled far
from active.
The flour trade was steady at previous quotations.
ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English.— .. 1,000 I [r5,20 1,220 1 350 630
1ri5h.......
14'0reign...... 65,80 3,220 4,630

8,710 brls

[IMPERIAL PARLIAMENT

ROUSE OF LORDS—Last Evening,
The LORD CHANCELLOR took his seat on the woolsack
at five o'clock.

STANDING °EIDERS COMMITTEE.
Lord STANLEY of ALDERLEY moved the appoint-
ment of the Standing Orders Committee, in the absence of
Lord Redesdale. The names were the same as those of
last session.

The committee was accordingly reappointed.
THE BRAZILS.
Earl RUSSELL said—When I was absent from the
house last evening, having been detained by public busi-
ness elsewhere, some remarks were made with regard to
what has lately occurred in Brazil. The papers relating to
that subject will shortly be laid on the table, and I do not
think it of any use calling attention to the matter without
going into the details of it. At the same time, as so much
has been said founded upon an ex parts statement which
has come from Brazil, I will take the liberty of informing
your lordships what is the general outline of the case. In
the beginning of the year 1861 there was a rumour that
sailors had been washed ashore near the Rio Grande do
Sul. Our Consul made inquiries, and found not only
that bodies had been washed ashore, but also that there had
been a wreck, end on further inquiries he found that many
articles, apparently taken irom a wreck, but entirely dry,
not having been exposed to the action of sea •water, were in
the possession of various persons residing near the coast.
Upon further inquiry the consul heard that 10 bodies had
been washed ashore, but he was induced rather to doubt the
truth of that statement, When he asked to have the bodies
produced only four out of the ten were forthcoming, and,
with regard to the six, it was declared that they could not
be found, but, as it was said that all the bodies which came
ashore had been buried in the sand of the sea, here, the
consul thought that the excuses made to him were rather
improbable. Rumours were circulated, too, that the persons
who had landed from the vessel, the Prince of Wales, had
been strangled or otherwise murdered. The consul then
asked to have an inquest, but an inquest was prevented by
persons apparently possessed of official authority, who were
present with a strong armed escort. The six bodies were
not produced until many months after, when they were en.,
tirely decomposed, and of course it was impossible to trace
any marks upon them. It was a mere matter of probability
only that these persons had been murdered, but it was, at
the same time, a matter of certainty that an inquest had
prevented an inquiry being made into the facts and had not
produced the six bodies. Upon this a demand was made on
the Brazilian Government for reparation, and in January
following I wrote to our Minister desiring that a full in-
quiry should be made. We got nothing but answers of the
most evasive kind. The consul thought it was not fit, our
Minister and her Majesty's Government also thought that
it was not fit, that such an occurrence should pass by un-
noticed and without something being done to prevent a
repetition of it at a future time. Another case occur-
red shortly after relating to two officers and a chaplain
belonging to her Majesty's ship Forte. They were re-
turning from a walk in the country, and on one of them
approaching a sentinel and asking him a question in
Spanish he immediately struck him with the butt end
of his gun. The two others then came up, and the sen-
tinel called the guard, and they were taken off to the guard-
house. They immediately wrote down their names as offi-
cers of one of her Majesty's ships, and also wrote a letter to
the commander of their ship. That letter never was de-
livered, and next morning they were marched to Rio, and
placed in a very filthy gaol. At 11 o'clock next day they
were liberated. This appeared to Le a deliberate insult to
officers of her Majesty's service, and it was desirable that
some reparation should be made. Every device was resorted
to to avoid this. It was first said that the officers had attacked
the sentinel, then that they were drunk, and that they had
not given their names ; all of which statements were con-
trary to the facts. The correspondence began in June, 1861,
and it was not until Oct., 1862, that her Majesty's Govern-
ment felt called on to take some course to obtain reparation,
There were only two courses which appeared to me could
be taken. One was to demand ample reparation from the
Brazilian Government and to enforce that reparation ; the
other was to withdraw our ships from the Brazilian waters,
and to delare to our merchantmen that they could expect no
reparation for any similar treatment, and that if any of their
crews were murdered we did not intend to resent it. That
course it was impossible for her Majesty's Government to
pursue. Our Minister, therefore, did demand a moderate
reparation from the Brazilian Government. Ire was in-
structed that if instead of making immediate reparation the
Brazilian Government proposed arbitration, he should refer
it home for decision before accepting it; but he found that
nothing could be done. No proposal for arbitration was
made, and then he had recourse to those measures of re-
prisals which have been complained of, I certainly cannot
see anything to be objected to in this course, for it cannot be
contended that when British ships are plundered and British
officers insulted that we are not to make demands for repa-
ration. (Hear, hear.)
The Earl of DERBY—It is quite true that in the ab-
sence of the noble earl I did ask when these papers would
be produced, and I certainly did express a hope that they
would dissipate an impression likely to be caused by the
perusal of the papers published by the Brazilian Govern •
ment, that our representative at Rio had acted in a manner
which could not meet with the approval of her Majesty's
Government. I mnst say that the noble earl has taken a
very inconvenient and unusual course, while merely pro-
mising that the papers shall be forthcoming, to take the op-
portunity of making an ex parte statement with regard to
a certain portion of these transactions. (Hear, hear.) This
certainly is a course I never knew taken by any Minister of
the Crown before. If the noble earl had contented himself
with saying that the Brazilian papers did not give the
whole correspondence, and that when the papers he in-
tended to lay on the table were perused we should be in a
better position to form a just judgment on the transaction,
it would have been quite sufficient in this stage of the busi-
ness ; but he has not only made a partial statement, but has
emitted from it some circumstances. I win not enter into
a discussion of the merits of the case, for I have only seen
the correspondence published by the Brazilian Government.
There are many difficulties in the matter, and many con-
flicting statements, which probably will be cleared up. It
may be that these officers have been grievously insulted, or
that they were treated with a want of consideration which
would not have been shown to them had they been in uni-
form or if their rank had been known. In the other case the
noble earl really lays down doctrines which we will find it
difficult to enforce. Here is the case of a ship wrecked upon
a part of the coast which is nearly uninhabited—certain
bodies are found of persons who had been washed on shore
from shipwreck, or who, having reached the shore alive,
were subsequently murdered. It is a suspicion, nothing more
—we have nothing before us to show how far it is supported,
and on those facts a demand is made on the Brazilian Govern-
ment for the whole value of the ship and cargo. If such a
circumstance had occurred in England the only claim which
could have been made against our Government would have
been for neglecting to put the law effectually into operation
for the discovery of the offenders, We have no other claim
of reparation against the Brazilian Government, and cer-
tainly never could claim from them the value of a ship and
cargo which was clearly lost by stress of weather, and not
by an act of the Brazilian Government. I am afraid that
even in this highly-civilised country there may be some re-
mote parts in which the practice of wrecking still prevails,
and her Majesty's Government would certainly be very
much,astonished if they were suddenly called upon to pay
the value of any ship which might be wrecked on those
parts of the coast, and might fall into the hands of such
persons, and if in support of a demand of this sort a certain
number of British ships had been seized, matters would
have been brought to such a point that, if the question had
been between two powerful Governments, it would have
been difficult to avoid hostilities. That is a part of the case
with which the noble earl has not dealt. It requires consi-
deration, and I hope the papers to be laid before us by her
Majesty's Government will put a more satisfactory com-
plexion on it than it assumes in the papers already pub-
lished.

Earl RUSSELL—If the noble earl had contented him-
self with asking when these papers would be ready, I should
not have said a word on the subject. My intention was to
place the papers on the table without saying a word, but
when the noble earl came down to this house—l happening
to be absent—and on imperfect information, expresses a
strong opinion that her Majesty's representative at Rio had
committed an act of injustice, it was time for me to take
some notice of it. (Hear, hear.) It little adds to the noblef
earl's authority that he has not gone into the partiouleanrsobole
the cases he spoke of. (Hear,hear.) With respect tboetrhbe
will
earl's view of the law of nations, I doubt wthbeet
opinion of
find any authorities to support him. t
was
matter, that
the Queen's Advocate, to whom I referredvernmt does n)t take
if a wreck is plundered, and if
bring
sufficient and proper means to 'aGgothe offenders to justice
then a demand may be made onn that Government for not
having taken those means, and ample reparation may be
claimed. We
not claim the full value of the cargo from
Brazilian
didGovernment,no but we stated what the owners
le
had demanded. We asked that it should be fairly and fully
inquired into by a commission appointed by both sides, and
that any items might be struck out which appeared excessive.
On an occasion when an Austrian ship was wrecked on the
coast of Ireland every means was taken to bring the offen-
ders to justice; and, though Lord Palmerston, who was
Secretary for Foreign Affairs at the time, said that the Go-
vernment were not strictly liable for the damage done, still
his sense of justice induced him to recommend the payment
of a sum of money as Compensation for the injury.
The Earl of DERBY—I can quite understand that the
noble viscount's sense of justice and good feeling might in-
duce him to adopt the course stated by the noble earl; but
if a demand had been made by the Austrian Minister, sup-
ported by an armed force, I venture to think the noble vis-
count would not have been disposed to comply with it. (A
laugh, and " hear, hear.")
II
THE MARRIAGE OF THE PRINCE OF WALES.
A message from her Majesty was read to the house by
the LORD CHANCELLOR, relative to the marriage of
into
Prince of Wales, and requesting the house to take
their consideration what provision should be made for
his
Royal Highness.
Earl GRANVILLE moved that her Majesty's g!.acious
Address should be taken into consideration immediately,

and in doing so rtferred to the auspicious event which he
considered would be a subject of rejoicing to the whole

country.

The Earl of DERBY seconded the motion, waiving all
question as to notice which on a subject which was unop-
posed might have been given. Their lcrdships, he was cer-
tain, would heartily concur with the House of Commons iu
whatever was thought necessary to be a proper provision
for a marriage in which the country had so great an inte-
rest.

AFFAIRS OF ROME.
The Marquis of NORMANBY rose to call the attention
r of the house to the correspondence lately presented on the
affairs of Rome, and also for the purpose of asking her
Majesty's Secretary of State for Foreign Affairs for
some explanation of certain passages contained therein
referring to the policy of her Majesty's Government on
this subject in the year 1849. The papers referred to ex-
plained that, although in 1849 there had been acquiesence
in the French occupation, there was no approval of such
a proceeding. The French occupation arose out of the as-
sassination of the first constitutional minister of Rome on
the steps of the National Assembly, which, however, passed
the order of the day instead of paying any attention to
such an event, and a few days after that the intelligence
of the proclamation of the republic was received. He received
a despatch from Lord Palmerston expressing the opinion
that the Pope should have temporal sovereignty, and that
despatch he thought did not confirm the recent statement
of Earl Russell that acquiescence did not imply approval.
It was then that Lord Palmerston entertained the hope
that with the return of the Pope there would be a
return to constitutional government, but another despatch
from Lord Palmerston in March stated that the Govern-
ment had much pleasure in hearing of the proposed French
occupation. It was after he had protested against the pas-
sage of the French troops across the frontier, thinking that
if once they passed that position they might not return ;
but Lord Palmerston admitted that might be quite true,
tut that he could not prevent it, as the Pope, if not restored
by the French Government, would ba restored by some
other Power.
Earl GREY rose to order. He did not think it was con-
sistent with the order of the house to refer to private
papers.

The Marquis of NORMANBY then read numerous pas-
sages from the despatches, and commented on them as he
proceeded, observing that the Pope must feel exceedingly
grateful for the noble lord's deep anxiety at his being able
to resume spiritual authority over the Roman Catholic
populations; and he expressed a wish to know whether the
ible lord had obtained other information to that contained
in the p,4pers, that induced him to write to the Admiralty
and request them to place a steamer at the disposal of the
Pope. He asked the noble lord for an explanation of the
opinion expressed by him at the commencement of the pre-
sent session, with reference to Italy, and he directed atten-
tion to a letter that appeared in a newspaper of Sunday
last, describing the harsh tr,atment Garibaldi's followers
were now being subjected to by the Italian Government.
They had returns which showed that 7,000 persons had
been shot by Piedmontese troops in the Neapolitan terri-
tories. It would be well for his noble friend tv consider
that, when he should no longer be at the head of the
foreign office, the principles upon which he had acted
should be well known and defined. At present it was
difficult to know what to believe. The King of Sardinia
should recollect that all his acquisitions were only condi-
tional. Nothing could be done in the way of consolidating
his new possessions without the previous sanction of the
European powers.

Earl RUSSELL said that it would certainly be somewhat
difficult for him to collect what was the exact object of his
noble friend. He, however, understood that the main ob-
ject of his noble friend was to show that his (Earl Russell's)
statement—that although we had acquiesced in the mili-
tary occupation of Rome in 1849, that acquiescence did not
imply approbation—was unfounded. But his noble friend
had diversified his arguments with many, he would not say
invectives, but severe remarks, upon their policy and upon
the policy of the Italian Government. When he (Earl
Russell) thought the Government of Italy was likely to be
an established Government, he believed it was necessary to
refute the stories that were told • by the Italian and other
absolutist newspapers of Europe. But as to his noble
friend denying the consolidation of the territories recently
acquired until the King of Italy was acknowledged, the
King of Italy had been recognised by her Majesty, he had
been recognised by the Emperor of the French, he had been
recognised by the Emperor of Russia, by the King of
Prussia, and by the King of Portugal. In fact, there was
hardly a power in Europe except Austria, which of course
had her own reasons, and Spain, by whom the King of
Italy had not been recognised. Surely, then, Italy might
fairly be said to be recognised by the Powers of Europe.
Italy was now a Power with 22,000,000 of souls, supplied
with free and liberal institutions, with a regular constitu-
tion, with a Parliament in which every objection could be
made to abuses which might exist, and in which the Go-
vernment could be subjected to the freest criticism upon its
conduct. Therefore he thought it would be quite out of place
now to question the position of the Italians. (Hear.) And it
would be equally out of place to debate whether they were
right or wrong in dealing with the conspiracies in a certain
town or d istrict, and he did not think they need trouble them-
selves with particulars or details. (Hear.) His noble friend
talked of Piedmontose occupation, and what the Pieii-
montese did ; but he (Earl Russell) thought that that was
a misnomer. He believed there was not more than 40 per
cent. of Piedmontese soldiers in the Italian army. It was
truly an Italian army. (Hear, hear.) Italy had realised a
position of independence, and she had as good a right to be
treated as an independent State as any in Europe. (Hear,
hear.) With regard to an observation which his noble
friend had made as to the advice which ho (Earl Russell)
had given from time to time to France respecting the Go-
vernment of the Pope, he (Earl Russell) was the victim of
a mistake, as would readily appear from the papers which
he was prepared to read. (The noble earl then read an ex-
tract from a despatch of the Marquis of Normanby, written
in 1549 from Italy to Lord Palmerston, in which the noble
marquis pointed out the danger of intervention by foreign
arms in Italy.) He (Earl Lumen) thought he was follow-
ing his noble friend's opinien and advice. (Laughter.) lie
thought his noble friend had .114 down a canon of British
authority. But now he came down to.scold him for having
been only too apt and docile a pupil in the doctrines of
rational liberty. (A laugh.) There ran through-the whole
of his noble friend's allusions to that time a mistake as•• to
the opinions then expressed by her Majesty's Ministers.
Lord Palmerston, in a despatch to the Marquis of Nor-
manby in July, 1849, protested against foreign intervention
in Italy, and pointed out at considerable length the evils
which would follow the intervention of a foreign armed
force.

The Marquis of NORMANBY begged to remind Earl
Russell that he had only spoken to the papers which had
been laid before the house. He had no recourse to the
document which the noble earl was now reading.

Earl RUSSELL said he believed that some, if not all,
of the papers he was reading had been already laid before
Parliament, but if not, ho would be happy to give copies
of them.
In July, 1849, a despatch from Lord Palmer-
ston to the Marquis of Normanby pointed out the neces-
sity of a reconciliation between the Pope and his sub-
jects, and of reforms in the State, and he wished to know
what were the views of the French Government upon the
subject. His noble friend pointed out in that despatch the
evils which would follow from the presence of a foreign
army, and he urged that it was much to be deprecated and
greatly to be avoided. (Hear.) So that, from the very
outset, her Majesty's Government had deprecated any
armed intervention in the Roman States. (Hear.) They
wished to see a reconciliation between the Pope and his
subjects, and they thought it most unwise to have recourse
to foreign armed force to preserve the Pope at Rome. In
another despatch from Lord Palmerston, dated July 19,
1849, his noble friend said that to restore the Pope by force
of foreign arms should be only looked upon as a temporary
expedient. It would be a return to those evils which had
before existed. It would excite the discontent of the Ro-
man people, and make them more discontented than eevaer.
Thus in July, 1849, his noble friend Lord Palmerstonenwould
clearly the consequences which forsignooona ti
it would
produce in Rome. Ho saw that,o
once
eould commenced,not produce
His "1?
not easily be got rid of, andithe
tran-
quillity at Rome. tit
friend saw the evils of that
nffering from that state of
occupation, and wa
gai we
wceoruealayiliforestold. The military expedi.
things the evil results of which his noble friend had so clearly
foreseen and so a
Hon to Rome was undertaken contrary to the wishes of the
Emperor of the French, He embarked in it unwillingly,
and he always felt that he was paying the penalty of it, The
advice which he had given the Pope had three chief points.
Firstly, he advised a free amnesty to be granted to all prisonerspoli-
tthicealced e N ape;l
Napoleon
;
thirdly,h
recommended recommended the adoption of
Libe-
ral Administration. As a member of Parliament, setting
aside his position as a responsible Minister of the Crown,
but simply exercising his right as a member of Parliament,
he (Earl Russell) had a right to speak his opinions regard-
ing things which he considered to be inconsistent with
liberty and national law. From his experience of thirteen
years of armed intervention of France and Rome, he con-
sidered that it was contrary to the principles of international
law ; that it was a misfortune to France no less than to
Rome ; and that it left the intentions of the Emperor of the
French liable to be misconstrued. Had any of these re-
forms taken place for which, as President of the
gcFrench,.
Republic, he was so anxious ? The despatch of M.tleeft.... e4its
queville to M. de la Cour described the condition of
nt
to
all
at Rome after the restoration of the Popeasa
A system
to
the old abuses. There was wholesale destitution.
all the public
had been adopted of placing under
disgrace ion
or exile all the
m
functionaries, and marking
thefor
weßepublicanre
citedagainst Government.the
aehuses. restorationH a vin ofg
read the
Pope to Rome Suchen
whowe r
e hadth the
actedc hi e
fu
actsilder
which
re
Pontifical Government.tumed all
With
old ithth
all the correspondence on the subject, he must say he was
more than he had long confirmed in the opinion which
en-
tertained, that the Pope's Government was based on prin-
ciples totally different from those on which every other Go-
vernment in the world was carried on. The Pope's Govern-
ment acted on the principle of being a paternal govern-
ment, and that its subjects ought to be treated as chil-
dren ; that no doctrines were to be preached amongst
.
them differing from those of the Roman Catholic Church,
and that all teaching which tended to create doubts