The Sun.
London, England, 1849-09-21 00:00:00

ar
ltentn4 2"1

LONDON, FRIDAY, SEPTEMBER 21, 1849.

Final judgment has at length been pronounced in
the case of Mr. CHARLES THROSIY. After repeated
adjeurnments, by which that unfortunate young
gentleman's incarceration has been prolonged to no
less than four months, and very heavy expenses been
incurred, the Learned Chief Commissioner of the
Insolvent Court has declared that he is entitled to an
unconditional discharge. Mr. Thomas RANDALL and
his compeers, the champions of the credit system at
the Universities, still continued obstinate, and refused
to accede to the arrangement proposed by the afflicted
parent of their victim—an arrangement which the
Commissioner declared to be perfectly " f, air and
reasonable." They adhered firmly to the rule adopted
by the Oxford tradesmen : they would accept no
compromise that involved the abandonment of any
portion of their claims. It would be totally con-
trary to their principles to relinquish their liens on the
future earnings of their debtors until the accounts, made
up at " west-end prices and interest at five per cent.
after two years," should be liquidated even to the last
farthing. They would have the "pound of flesh" or
nothing, and in the present instance their pertina-
cious and obstinate determination has met with a
fitting reward. In vain the presiding Judge recom-
mended, nay almost entreated, that they would, for
once, relax their stringent regulations. Tn vain, to
use his own language, "he laboured for what he had
conceived to be the interests of all parties." Actuated
by a laudable anxiety to carry the intentions of the
father into execution, and thereby to free the unfor-
tunate young man from filture liabilities, and at the
same time to obtain something for the general body
of creditors on account of their demands, he departed
from his ordinary functions, and assumed the cha-
racter rather of an arbitrator anxious to effect an
amicable settlement than of a judge adjudicating
on the real merits of the case before him. The
unexpected ii flexibility of some of the creditors
defeated his praiseworthy intentions, and compelled
him, unwillingly, to resume the position from whence
—we say it with all respect—he should never hare
departed. His futile effort only prolonged the im-
.prisonment of an innoc9nt young man for some seven
wtc;lis additional, during which period he was not
merely endut lug the loss of liberty, but was exposed
to the demoralization inseparable from a continued
association with the class of persons to be met with
in a debtors' prison.
If ever there was a case where the insolvent IVAs
entitled, aceordlng to the true spirit of the cede, tc
an immediate and unconditional discharge it was the
one now under notice. There was nothing of fraud
deception, or falsehood, that could even be hinted at.
The Chief Commissioner, in delivering his first judg-
ment, declared that " he was happy to exonerate the
insolvent from any charge of contracting his debts
by false representations, or by any means that
trenched on morality and gentlemanly con
duct beyond his having involved himself in
unnecessary expenses." That declaration, impor-
tant as it might be in ordinary cases, was su-
perfluous in this instance, for the slightest imputation
of the kind had not been put forward—his creditors,
in fact, had sought him, and not he his creditors—no
inouiries were made. The greatest competition ex-
isted to obtain the honour of his custom, and to sup-
ply him, not merely with necessaries, but with every
luxury and superfluity that fancy or extravagance
could dictate. Had he been desirous of so doing, or
of what is termed " victimizing" tradesmen, there can
be no doubt but ti it he could have obtained credit
for as many thousands as he was indebted hundreds;
but we find it admitted, even by Mr. RANDALL him-
self, " that the supply of goods were such as an
undergraduate, in the insolvent's circumstances,
might fairly require, and that, after the first year, he
became more sparing of his orders, and only had
• what was necessary." Here, then, the opposing
creditor himself acquits the insolvent of any
undue extravagance. If it could be at all ascribed
to him, it was only during his first year, when he
was but nineteen years of age, and, by the policy of
the law, exempted from liability; for had he chosen
to have availed himself of the plea of minority, be
could have set aside by far the greater portion of his
debts and paid twenty shillings in the pound on all
demands for which judgments could have been ob-
tained with the 8001. which his father was willing to
advance. It may be said that such a course would
have been extremely disgraceful and reprehensible,
but it would have freed him from all annoyance, and
he should not be punished because his honourable and
gentlemanly feelings induced him to confirm these
liabilities after attaining hie majority, and not to have
repudiated them, as he might have done, with full
impunity.
The only ground assigned_by the Chief Commis-
sioner that could possibly warrant a remand was
that "he had incurred debts extravagantly and
without reasonable expectations of payment." We
must totally dissent from this view of the case. Mr.
THROSBY, sen., was at least reputed to be possessed
of a considerable fortune, which would have enabled
him to bestow a much larger sum upon a favourite
child than the amount for which his son was respon-
sible. Where no less than 6001. was actually sent
over to satisfy the demands in the first instance, the
aggregate of the debts only amounting to 7501., and
where 300/. was freely offered to the last moment,
notwithstanding the unfavourable decision, by which
Mr. THROSBY, sen., was reported to have had more
then 15,000/. sterling, it could not be said that the
debts were contracted without " a reasonable expecta-
tion of payment," as seven shillings in the pound were
we
still forthcoming. And even if it had been so,
which
totally deny, there would still be the
fact of
" nonage," which was not in any degree alluded to in
the course of the judgment.
We have now done with the case. We know
onee
nothing whatever of any of the parties
e erned
either debtor or creditors.
IVe took the CS
SO
,
entirely on public grounds, believing
that the
tionahle system was productive of the most injuriousrnee.-
sults to more persons even than to the victims, who in
too many instances have their prospects in life blighted,
and who are compelled to submit to the greatest priva-
tion after they have attained maturity, through the
thoughtless indiscretions of their early years, and the
fatal facilities afforded for incurring unnecessary
debts. We believe that the credit system is con-
trary to public policy, arid that it should be
discouraged in every legitimate mode—not
only by the decisions of Insolvent Commissioners,:!

The Rev. J. Aspinall, M.A., of Althorpe rectory,
Lincolnshire, who is to be the successor of Dr. Hind,
Dean of Carlisle, is, we believe, a moderate high-
churchman, and the author of several volumes of ser-
mons which are greatly esteemed both for their elo-
quence and orthodoxy. He has also written and spoke
much on the subject of popular education; and we be-
lieve that the appointment will not be unsatisfactory to
etburobmen.—Chronicle.
POPULATION or LONDON.—The number of deaths
registered in London last week (says a correspenden) was 3,183; that is equal to 454 every day, 19 every
hour, and one person every three minutes. This may
appear very alarming to some readers, but they must
bear in mind that the vast extent and population of our
metropolis, London and its surrounding, districts, con.
tains nearly 3,000,000 persons. If this immense Dum-
ber of persons were placed in a line, at a distarce of
14 yards apart, they would reach to the extent of 2i,000
miles, or more than the circitniference of the globe; so
ledimf t persons
a6n ddyi e d
before
et hf
oerl above
taolot
th the
birthsp rata,
e oevpvi
izee.r,
iyno nwLeeocenkvd,eorinyt
earsallowinge'
wtt hhoranet
Were extinct.
The Missibsippi United States steam•frigate
arrived at Leghorn on the anon 11th, with 165 passengers, g whom was Commod'ore Moran the squadron of the Mediterranean. g , commanding