The Sun.
London, England, 1853-11-07 00:00:00

husbandman in the fable had become more indif-
ferent to the cry of wolf from the mendacious
shepherd's boy than have our capitalists, fund-
holders, and shareholders to the Stage whispers of
the Stock Exchange—whispers intended to be
heard by, and to produce a decided effect on, the
audience.

We can, in this abundance of materials from
which to select, only repeat our admonitions to our
friends and the community at large, not to suffer
themselves to be influenced by any statement as to the
authenticity whereof any reasonable doubts can
be entertained. It appears certain that at least a
detachment of the Turkish troops had crossed the
Danube without any decided opposition from the
Russians. There would therefore be nothing to
prevent a collision, if the Generals, or either of
them, were that way disposed. But as we have
already stated, the warlike inclinations of both
OMER PACHA and Prince GORTSCHAKOFF are ma-
terially bridled by positive instructions from their
respective Sovereigns. The Russians, as we have
already pointed out, cannot take the initiative
without completely disregarding all former pro-
fessions, and casting off the mask under which
they have hitherto attempted to conceal their ob-
jects. The Turks, although burning for the con-
test, and to expel the invaders from their terri-
tories, are restrained by the imperial firman, and
the distinct and positive orders to take no decisive
step until further instructions. Under the peculiar
circumstances there will necessarily be daily skir-
mishes between detached parties in which even blood
may be shed, but such trifling nutters will not bring
out a general engagement, or create any serious
impediment to the final arrangements in course of
realisation, nor do we suppose that any difficulty
will be created. These, however, are matters
merely of speculation, the best founded and most
carefully considered opinion may at any moment
be defeated from the most trivial occurrence.
It is hard to reason temperately when opposed to
an armed foe—more especially when that foe is
trespassing, without a shadow of right or justice, on
your territories, combining the greatest arrogance
and insolence with the most grasping cupidity. We
cannot, then, be astonished at any lengths to
which they may be driven, or means they may
adopt, for the purpose of vindicating their names
from the insult that has been heaped upon them.
They have already exhibited the greatest patience,
under very exasperating circumstances, and it
could not be very surprising if that patience should
fail at any moment. We believe that they will
continue steadfast and obedient to the instructions
that they receive, but that is all that can be said
on the subject.

On the other hand, it is so manifestly the inte-
rest of the Russians to avoid a contest at this
moment, that we believe they will so far as prac-
ticable remain on the defensive. It is true that
any degree of moderation now exhibited cannot
justify the original aggression, or exhibit them in
any other light than unprovoked invaders of a
friendly soil. If attacked, however, and successful
in maintaining their position, it would give NICHO-
LAS a loophole for escape, and enable him, as we
havelong since stated, to make a specious affectation
of magnanimity—a pretext of moderation, of
which his toadies and servile adulators in the
Senate and the Press would make abundant use.
Then we should hear qcsque ad nauseam of the
generosity (!) and truthfulness of the CZAR, who
had remained contented without crushing his
opponent, and satisfied with obtaining even a
portion of what he had claimed before the com-
mencement of hostilities. Then we should see even
more systematic efforts than at present to run down
the Mussulman, hear of the weakness of the Ottoman
Empire, and hear the scornful inquiry repeated in
sundry forms as to why England is called on to
protect inisbdierers, or to maintain the tottering
pre-eminence of three millions of Mahomedans
over twelve millions of Christians. Then, too,
we should hear the pro-Muscovite Members of the
Coalition setting up that moderation of NICHOLAS
as a defence for their own doubtful and vacillat-
ing policy, and as evidence that we might have
surrendered ABD-UL-MEDJID to the tender mer-
cies of his opponent, possibly even as proof
that there would be no danger to the peace
of Europe if the Russian flag floated over
the Bosphorus, and ST. SOPHIA were trans-
ferred to the Greek Patriarch. These are matters
of which GORTSCHAKOFF is well aware, and he
will not, with the full knowledge of what his im-
perious and exacting master requires, be guilty of
any act of precipitation calculated to destroy the
web so subtly woven. The attack, then, will not
proceed from the Russian side ; nor do we believe,
for the reasons set forth, that any decisive or
general engagement will take place. Such, too,
appears to be the general opinion on the Conti-
nent, where the most threatening appearances
seem to be regarded as affording additional
guarantees for a pacific solution of the interest-
ing and vitally important problem.

What benefit er advantage to society is derived
from the present system of imprisonment for debt?
If there be any, which we most positively and
emphatically deny, is it sufficient to compensate
for the many attendant evils that follow in its
wake ? Is it even an equivalent for the expendi-
ture falling on the public and local taxation of the
country, and which is necessary for the mainten-
ance of the system ? These are interrogatories de-
e ewith
de-
serving of distinct and unequivocal answers—of
hastilyorprreejeukdleicsselsy,
butdeli vtehreedresiuin
result of
answerseordan not
b ancient
calm and attentive consideration, in which the
subject has been carefully examined in all its de-
tails by the light of truth
andreason. We can
scarcely hesitate as to what would be the result of
a careful investigation into the entire system by
experienced and impartial judges. Indeed it is
passing strange that it should have been al-
lowed to remain up to the present period,
without change or alteration, and that the public
attention had not been more forcibly directed
thereto, and the public indignation excited until
the account of the melancholy death of poor
WILLIAM Jorms, in consequence of the heartless
cruelties and privations practised at Winchester
Gaol, and the still more deplorable sufferings of
WILLIAM MILLAR, during his forty years' endur-
ance of the discipline of that model establishment.
of _
Strange it is that the powerful writings CHARLES
DICKENS, DICKENS, and the comments elicited from various
quarters, did not lead to extensive and sweeping
modifications in the practice.
But so it was. Who is there who has not seen
some friend or acquaintance hurried away from
his family, and all his prospects in life ruined,
from the reckless exercise of the power afforded to
creditors ? And who have been the parties to
avail themselves of that power ? Have they not
invariably been those least deserving of sympathy
for any losses that may be sustained—the bill
stealers, and property stealers, who use it as an
instrument of extortion, to obtain payment from
friends and relatives of the victim, or to
prevent that victim from adopting efficient
steps
to defeat thei •
r machinations, and pre-
serve, their estates from the plunderers whose
cupidity they had excited ? Yes, with some few
exceptions, we may state that the parties taking
out writs of execution against the persons of their
to use the language of the
Commissioners of the I
their own insurers from the
Court, become
charges, or who hold out temptations exorbitancy of their
ments to extravagant young mentoand induce-
in the hope of " working" the run into debt,
amount one way or
the other; by fair meau or foul, 3from innocent

persons, who had previously been deeply grieved
at the folly of inexperienced youths in whose
future welfare and happiness they were deeply in-
terested, or who have some even worse motive at
bottom. Surely these things might have excited
observation and led to inquiry before the close of
the year 1853. The only way in which we can
account for this anomaly is, that the public mind
had to a certain extent become habituated
to the evil. The " debtors' prison " was,
like the " gallows," one of the " institutions
of the country" which we were quite willing to
receive on trust, as being founded by the wisdom
of our ancestors. We no more thought of ques-
tioning the propriety of a man's being sent to
gaol for being unable to satisfy any claim
or demand than we did of seeing Gatton and Old
Sarum sending four members to the popular
branch of the Legislature, while Manchester and
Birmingham remained unrepresented ; or seeing a
young woman, in the early pride of womanhood,
publicly strangled by the executioner, because,
having been robbed of her husband by a press-
gang, she had taken a handkerchief or ribbon, or
some article of trifling value from a shopkeeper,
to procure bread for her famishing infant. We
have, however, succeeded in greatly modifying
two of these laudable institutions. We have got
rid of many of the rotten boroughs ; and if
Lord JOHN RUSSELL be true to himself, or mind-
ful of his own reputation, the others are already
doomed, and after next Session will be spoken of
as things that have been ; while " the great
public instructor," the hangman, has had his
functions materially curtailed, none but wilful
and deliberate and cold-blooded murderers
being now left as subjects for his experiments.
Why, then, should not a like fate await the third
great institution to which attention has been di-
rected ? Why should not imprisonment for debt
be altogether abolished, except in cases of gross
and premeditated fraud, which would bring the
party within the operation of the criminal law ;
or why, at least, should not the debtor be allowed
to show cause against the issuing of a ca. sa. be-
fore as well as after his incarceration ? Why
should he not be heard in his own defence before
the commencement of his punishment ?
When the enormous cost of maintaining the
system is ascertained, when the public outlay on
the various prisons, and for supporting the debtors
therein, and the cost of supporting their desti-
tute families in the union workhouses has
been summed up, we may begin to con-
sider its utility, and ask ourselves why it
is that we refuse to do that by which so
important a saving might be effected ? We shall
find that the reasons for which the system was
sanctioned have totally ceased, and on the old and
well-established principle, " cessat ratio cessat lax,"
the law itself should also cease. Imprisonment
was only tolerated in order to enforce the surren-
der of property. We have greatly extended the
remedies to the judgment creditor against the pro-
perty of his debtor, whether real or personal, and
the Common Law Commissioners have recom-
mended further alterations, which will prevent
any debtor from retaining adverse possession of
any species of property, real or personal ! Why,
then, should imprisonment for debt be retained
when there is no longer any necessity for its assis-
tance to enforce the surrender of property ? Why
should not every man be made subject to the
bankrupt laws, although not an actual trader ?
and why should not the principle of the County
Courts be extended, so that a judgment sum-
mons should be issued before a warrant for arrest
were granted ?—and why should not the Judge
be authorised to order payment by instalments,
and to limit the term of imprisonment ? We
trust that the advocates for incarceration will re-
turn at least plausible answers to these important
queries.

LAW INTELLIGENCE.-(THIS DAY.)

COURT OF QUEEN'S BENCH.

STEVENS V. LEE.

This was an action in the case brought to recover 191.
under the following circumstances :—The plaintiff was
a horse-dealer, and the defendant an auctioneer, in
Bristol. Some time ago the plaintiff sent a horse for
sale to the defendant, stating that, although he was not
prepared to warrant him, the horse was still a useful
animal, and had been running in harness for a length-
ened period. Upon the faith of this statement the de-
fendant sold the horse for 191. odd, and received the
money from the purchaser, but before the day expired
the horse died. The purchaser then gave the defendant
notice not to pay the money over, but the plaintiff
brought his action for the amount, and the defendant
pleaded fraud as a plea, which prevailed at the trial.
Mr. Sergeant Kinglake now moved to set the verdict
aside and to enter it for the plaintiff, on the ground that
the plea of fraud would have been a very good
one had the action been against the purchaser, but in
this case the action was against the defendant, as the
agent of the plaintiff. The Court, however, refused the
application, holding that, after the fraud was proved,
the defendant became the agent of the purchaser, and
not of the plaintiff, and therefore he held the money for
the use of the purchaser.
Application refused accordingly.

COURT OF EXCHEQUER.
CREED V. FISHER.

This was an action of assault. The plaintiff was a
gentleman of property, and the defendant the curate of
the parish in which the plaintiff resided, being near to
Exeter. Party spirit ran very high in the parish,
and some dispute having arisen between the parties,
they ceased to recognise each other. The dispute arose
about the tithe map of the parish, and the plaintiff,
meeting the defendant one day, asked him if he meant to
call him a liar. The defendant, in an unguarded mo-
ment, said he did, and at the same time struck the de-
fendant with a small cane. This was the assault com-
plained of, and at the same time the jury awarded the
plaintiff 300/. damages. Mr. Slade now moved for rule
to show cause why a new trial should be had, on the
ground that the damages were excessive, and that the
learned judge who tried the case refused to allow the
defendant to challenge the jury.
Application granted.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fane.)

FAILURE OF FASHIONABLE TAILORS.-BOLPH V. MOORE.

These bankrupts were described as tailors, of Sack-
ville-street, Piccadilly, and to-day was appointed for
their last examination.

The balance sheet, prepared by Mr. G. Butler, com-
mencing January, 1851, and ending July, 1852, shows
—debtor to creditors, 2,2431. Is. 3d ; ditto holding
security, 1,4681. Is. 3d. ; capital, 1021.175. ; liabilities,
1,9771. Creditor—by good debts, 1,5901. ; doubtful,
569/. ; bad,3 531. Trade expenses, 497/. 2s. 9d. ; law
costs, 1481. 2s. 2d. ; partners drawings, 1,695/. 3s. 3d. ;
losses, 5981. 17s. ; liabilities as per contra, 1,9771. 6s.

. . .
Mr. Lawrence appeared for the bankrupt, and there
was no opposition, Mr. Cannan considering the accounts
to be the best which could be rendered.

The bankrupt passed.

THE COURT.—The birthday of the youthful heir appa
rent, the Prince of Wales, who will complete his 12th
year on Wednesday, will be celebrated with some gaiety
at Windsor, and the King of the Belgians and the Duke
and Duchess de Brabant are expected to postpone their
departure until after that day. There will be a parade
of the Fusilier Guards forming the garrison, public
dinners by the inhabitants, and the event will be cele-
brated en famille at the Castle in the evening, when
the young Prince will, as usual, receive presents from
his illustrious relatives. The dramatic performances in
the Rubens'-room on Thursday, for which Mr. Grieve
has been painting some new scenery, will, we believe,
commence with The Tempest.
THE CHANCELLOR OF THE EXCHEQUER.—The Right
i n
aNGinsvteHon.wan and
W.
tedosaosotfufnrodh,on niesE
with
.
Gladstone,arrived
and Liverpool Miss
s sGladstone, on
from
Hawarden Castle, the seat of his relative, Sir Stephen
haggard,
bLr
inovt
ehr
pe:
rright
amr proceededHßh oeonb.
eargttes
returnsnoo tnnl
ceGemt
Gladstone,
dotn
town
Cwt
oownnuher
to,o:Habmpoapuoyetn,a
Monday
aebv
ydee
(this day) for the purpose of attending a Cabinet Council.
CABINET COUNCIL.----A Cabinet Council will be held
at the Foreign-office to-morrow at two o'clock.
The Prince and Princess Esterhazy and family have
left the St. George's Hotel for Torquay, where their
highnesses are expected to be joined at the end of the
week by the Countess of Jersey.
The Duke of Newcastle arrived in town on Saturday
from a visit to her Majesty at Windsor Castle.
The Duke and Duchess of Sutherland have arrived on
a visit to the Duke and Duchess of Argyll, at Inverary
Castle, from the Marquis and Marchioness of Stafford's,
Tarbert House, Inverness-shire. The youthful Lords
Ronald and Albert Gower, who are still staying at
Dunrobin Castle, will join their noble parents in a few
days.
THE BOILER EXPLOSION AT BLACKBURN.—On Satur-
nboiinlqerueesxtpolovseironthaet
Wednesday last. A
Abd
ioa
rdy. Mr.
of
r theHesak reseven
vwee
ac voi mn sufferersgm-
sehnbecyde dt
on
nae
considerable number of witnesses were examined, but
their evidence related principally to the finding and
identification of the bodies. At the close of that por-
tion
be necessaryonofthein thatquiry,
bethteCy sboronoeurid aysabidite the opinionappearedt
o him
to of
some scientific man with regard to the condition of the
boiler. The jury concurred, and it was resolved that
shouldeither bMr.e
consulted Fair air n. orT The
elr N.
then of
adjourned Manchester,
the
inquiry to Saturday next.
CoronerasraYt