The Sun.
London, England, 1854-07-21 00:00:00

II)NDON, FRIDAY, JULY 21, 1854.

. Scarcely any attention has been vouchsafed to
the' events recently transpiring in Spain, and yet'
those events are •unquestionably of so very grave
An importance as to. be 'obviously -calculated to
..bring about,. sooner or later, a total change in the
peninsula Government. An insurrectionary move-
.Ment,' at first merely local and partial in its cha-
racter, has been rapidly developing into a general
and comprehensive revolution. It was at first
signalised by the sudden revolt of General DON
DOMINGO DULCE, the Royal Inspector of Cavalry,
who, on the 28th ult., left Madrid at the head of
his troops to the cries of ".Lie the QUEEN ! Die
the 7.dieistr.-rs I" and proceeded thence with ali
speed in the direction' of Guadalajara. That
abrupt march. was the signal for the rising of the
enemies of the Government. It speedily ap-
peared, however, that the Director of the Cavalry,

• though one of the more distinguished and influ-
ET.' eafl. leaders, Was net by any means the recog-
',...,4*-..g)4 VT** ief of the insurrection. The head of the
it- 'r4,1,16-1--t...4.-- 4,- ';,•
~,..,-..1' ,;,_ o_nr..
._1?.)! t wc,s soon afterwards discovered en the
tcesz:hlekiii,l"-1' .li.t.on of Qeneml DON LEOPOLD O'DONISELL'g
/1,,,-''l ' , :-+l, -:i,s.!- -,,..!..,,C.-1
'l-444 ,-,..-4,r,,`"..44,icjr.44lll4tion.announcing him an the author of this
,_,2::,:e.,:y r:_-.-. 40,i.: *titiblepronunciarite.itto.. FOI Tri idable the rising
- 1 ' this rime -proved itsel to be—notwithstand-
S. ,irtstte SyStplablinu eitor‘s ruado by ths Cabinet to

depreciate its magnitude in the eyes of the popula-
tion. If we were to have believed the official
organs of the SARTORIUS Administration, we
should have been driven to the necessity of be-
lieving that, impossible though it might appear,
the rebels had been, not once only, but two or
three times over, utterly annihilated. And. yet--
while we have been listening to telegraphic an-
nouncements from Madrid to the effect that the
insurrection has been extinguished, that the lead-
ers (Abe revolt-have been severally destroyed, that
their followers have been not merely routed, but
'completely cut to pieces--here are accounts pour-
ing in day after day proving that the chiefs of the
rising are in the best health and the highest
spirits, and that hour by hour they are spreading
more rapidly among the peop'm an enthusiasm
in favour of the new Revolution. According to
the Ministerial journals of Madrid—never were
such salamanders ! Burnt to dust in the furnace
of regal indignation thrice-heated, they are still
alive, and vigorous, and powerful—these often-
defeated but still triumphant heads of the insur-
rection I Otit of their funereal ashes they emerge
with renewed energy, like the veriest phoenix of
the fabulist. They have survived the terrible
decrees of Isaszma—and the portentous- mani-
festoes of her Minister of War, the happily-entitled
and redoubtable BLASER. Looking only to the
assurances of the Madrid. Gazette : we find that
they were beaten at Vicalvaro—that they were
compelled to retire_ precipitately upon Toledo—
that they were driven bask to Ciudad Real—that
- they were flying in- dismay to Estramadura, in the
hope of escaping across the frontiers into Portugal
—that their cause was considered lost when they
had only fled as far as Madriaejos--that they were
hastening on . towards Andalusia in a state
of extreme discouragement—that they were
entirely routed in Valencia—that the rem-
nant of their never formidable body was
retiring dispirited, disorganised, and in despair.
upon Despenaperros. And so forth ! All this
—according to the statements confidently put
Iforward by the organs of the SARTORIUS Govern-
me. But, lo ! and behold, after we have been
hearkening placidly to these statements of the
wonderful triumphs of the 'Royal cause over the
promoters of rebellion--come forth a series of
.rather startling counter-statements. This time,
moreover—not fibs, but facts. Facts to the effect
that the march from Madrid of General DULCE
and his followers had been somewhat more suc-
cessful in June than the attempt to bring about
a similar rising, the abortive attempt made in
February, by Brigadier SORE at Saragossa.
It turns out in reality that after all that has
!been said to the contrary by the Ministerial organs
:of the Spanish capital, the soldiers at least, if not
the people, have shown themselves decidedly in
'favour of General Dome's promunciamento. In-
somuch that the partial revolt gives promise of
extending to a general insurrection. And out of
this rebellious rising there is a prospect of a re.volu-
tionary change in the whole system of Govern,
ment. The apparent flight of the insurgents
from the metropolis proves to have been
merely a sagacious retreat before the Royal
forces, so as to enable an appeal to be for-
mally made to the provinces by the real leader
of toe movement, General O'DONNELL, the Com-
•mander-in-Chief of the army of the Constitu-
tion. The consequenee of all which has been that,
during two weeks from the first withdrawal of the
troops of General DULCE from Madrid, their
march towards Andalusia has been uninterrupted.
More than this—the regiment of Montesa, within a
short distance of themetropolis, whither it was bein g
marched to augment the garrison of the capital,
boldly declared in favour of the Insurrection.
The example thus glaringly given to the army
has since proved irresistible at St. Sebastian with
the regiment of Bourbon, and at Barcelona with
the regiments of Navarre and Guadalaxara! The
Court is doomed. Say what the friends of the
Queen ISABELLA may, her rule in Spain is fated,
the days of her reign are numbered. This, we
believe, to be absolutely assured as the result
of the present movement—the existing state
of things at Madrid being not only de-
spised, but regarded with disgust and indigna-
tion. Already there are rumours as to the course
likely to be pursued by NARVAEZ and ESPARTERO
—known to have been at length reconciled. It
is notorious that Queen CHRISTINA, accompanied
by MUNOZ and their numerous children, is hastily
preparing by a journey to the frontier for the fate
of her inevitable banishment. The Repub-
licans are beginning to speak confidently as to
the probable consolidation at Madrid of a de
mocratic Government. Meanwhile—how about
the " old parties" in the State—how about the
future course of the Moderados and the Progres-
sistas, the Liberals and. the Coustitutionalists ?
Most of all—What about the Carlists ? Are the
affairs in Spain, already so marvellously confused,
to be still further complicated ? Is the ABD-EL-
KADER of the Peninsula, the daring and heroic
CABRERA again to appear in the storm of battle
.ike some old knightly apparition ? Or aro
iris locks shorn now that he has become a
Benedict ? Is ho- fingering the distaff of
DEJANIRA. instead of grasping the sword of
ZUXULACA.RREGUI ? As yet through all the
soar of the Spanish disturbances—not a word
about the fading hopes of the Due de. MONT-
?ENSIER, not a whisper about the brightening day-
(reams of the Conde de MONTEMOLIN !

A
case was on Wednesday heard before Mr.
Commissioner MURPHY, at the Insolvent Debtors'
.jourt, which exhibits in the strongest light the
lecesSity for a speedy alteration in the Law of In-
solvency, or of County Courts, or both. The
Learned Commissioner (as well as the counsel for
the unfortunate Insolvent) deplored the defect
chat prohibited him from granting the immediate
iischarge of a prisoner clearly entitled to the
benefit of the Act for the Relief of Insolvent
Debtors, and expressel his determination of di-
recting the attention of the Attorney-General to
the subject, with a view of obtaining an adequate
eernedy to the existing evils. There are, how-
ever, other points in which modifications of the
existing code are imperatively .required, and we
would entreat the attention of the Learned Coin-
orissioner thereto, so that they may be embodied
in any new bill which he may think proper to
3ubtuit for Legislative consideration.
In the case undef notice, the Insolvent, who
was out on bail,, was arrested ou a County Court
commitment, as he was actually proceedi:ig to his
hearing at Portugal-street. . -He was carried off
to WhitecrosS-street, and he was subsequently
brought up under an order of the, Insolvent
Court. After hearing the case, the Insolvent was
declared to be fully entitled to the benefit of the
Act, and discharged from all save the County Court
commitment, under which he will have to languish
out:the time ordered by the County Court Judge.
Here, then, is a flagrant grievance, a case of great
Lnd manifest injustice committed, not only with
the sanction, but by the express authority, of Par-
liament. A man, petitioning the Insolvent Court,
is compelled to surrender every shilling, or shil-
ling's worth of property, of which he may be in
tpossession,ionee
-tarn or
articles
cwl entitledeasynot e exceeding,
co
etdoi,
nwgi,
et hveael excep-
tion e
opf-
f he
lan,
1-cshli.cil ibsealal bachelor, et 100 rr,e
retain
n 201. in
not
merely destitution,
is
gpiovsesieissuiopnior but nudity. Everything in
rev •
cre-
ditors ; and if he thought properd to pay one, it
would be regarded as afeau
.ulent preference, for
which he would be justly punished by a prolonged
incarceration. Is it not, then, a cruel mockery—
gross perversion of justice to punish -
gnl distribution
aetr eat '
lart ioliooilfr.cadfhameecromxot linptlagoece:sulattrai concurrent incisdytimt,
a man
w
severely for not doing
the
administered throuli
ju-
risdiction debars him from doing. Pay
plaintiff; says the County Court Act, or you shall
be imprisoned for any period not exceeding 41
days, which the Judge, in his discretion, or indis-
cretion, iu some instances the more correct desig-
nation, may order ; and such imprisonment shall
not operate as a satisfaction of the debts, but may
be repeated over and over again, without giving
rest or peace to the miserable victim. Pay the
demand at your peril, says the Insolvent Court, for
if you do, you will be guilty of a fraudulent pre-
ference, and subject to remand for a terms not ex-

ceeding three4years from the date of your vesting
order. Hard, indeed, is the fate of the man who comes
between these conflicting fires—for whom escape
is impossible, inasmuch as he must fall on either
one side or the other.

" Dextrum Scylla latus, leevuna implacata Charybdis
Obsidet."

There is no central course. The whole way is
blocked up, and in avoiding one. danger he must
be immersed in the opposing one. Nor was this
Parliamentary oversight, as is generally supposed.
The Legislature deliberately framed the clause
(9 and 10 Vic. c. 95, sec. 162), which provided
that " no protection order or certificate granted
by any Court of Bankruptcy, or for the relief of
insolvent debtors, shall be available to discharge
any defendant from any commitment under such
last mentioned order" (i.e. of the County Court).
This then should be immediately redressed, even
before the termination of the session, or great in-
justice may be inflicted under an enactment af-
fording so formidable an opportunity for oppres-
sion and extortion, and holding out so direct an
incentive to wilful and corrupt perjury.
But this is not all. We have recently seen
that after a hearing and discharge by the Insol-
vent Debtors' Court, the County Court Judge
may allow the seizure of the " excepted articles"
for a debt, or grant a warrant of commitment
against the debtor. This was an oversight—a
clear mistake on the part of Parliament,
and the error should be forthwith avoided.
Is it not palpably ridiculous that a party
should be enabled to plead a discharge by
the Insolvent Court as a defence to •a suit, and
that it should be sufficient to prevent the obtain-
ing a judgment, but not to prevent execution
being issued on a judgment already obtained.
There might be some plausible reasons offered in
favour of reversing these positions and allowing a
judgment to be obtained, although not to be exe-
cuted against an insolvent ; but the present system
is utterly indefeasible. Were it not for the pre-
cedents afforded by Mr. Sergeant MANNING and
Mr. G. CLIVE, we could not have conceived
the possibility of any man selected for a seat on
the Judicial Bench wilfully setting at defiance the
authority of a court of concurrent jurisdiction,
and practically sanctioning appeals from the
Learned Commissioners of the insolvent Court,
where such appeals were manifestly not contem-
plated by Parliament.
There is another evil also worthy of notice.
The discharge of the Insolvent Court may extend
to all payments, "by way of amenity or otherwise,
at any future time or times," by virtue of any
bond, covenant, or other securities of any nature
whatsoever", (Ist and 2d Vic., cap. 110, sec. 80).
But if there is an agreement that, in default of
.payment (as, for instance, of a premium of insu-
rance), the obligee may himself pay it, and then
recover from the obliger, there is no exemption
—and the party may be sued time after time
for what, to all intents and purposes,
is the same debt, and founded on a liability
existing before, and adjudicated on under
his insolvency. In this point also (another Le-
gislative oversight) adequate redress should be
afforded ; and Mr. Commisioner MURPHY will
entitle himself to the thanks and gratitude of the
community if he procure the enactment of a suit-
able measure.