The Sun.
London, England, 1849-07-16 00:00:00

London could not have a better representative.

Among the many measures relating to Ireland
which have been recently brought before Parliament,
there are few calculated to produce more valuable
results than the Judgments Bill, which was read
a second time, and passed through Committee pro
forma on Friday evening. It is, in fact, a necessary
supplement to the Incumbered Estates Bill. There
would be but little advantage in getting rid of an
embarrassed proprietary, andinfusing new vitality
into the land by the introduction of capital, if the
causes that contributed in a great degree to those
embarrassments were still suffered to exist, and to
produce a new series of incumbrances as injurious
to the national prosperity as those now in operation.
Every possible precaution should be taken to prevent
the recurrence of similar evils, and the first and most
obvious proceeding is to remove the extraordinary
facilities at present' afforded for charging and incum-
bering lands and premises for small amounts.
The law of judgments in Ireland differs very ma-
terially from that in force in this country. Here, a
judgment is never regarded as a permanent security
on which capital may be safely invested, and which
may be retained as a charge upon real estates during
successive generations. The property of the party
against whom a judgment has been obtained is nut in
any degree affected thereby, until execution has been
actually issued and placed in the hands of the sheriff,
or a bill filed in Chancery, to make his real estates
liable to the payment of the debt. Neither can the
judgment be transferred or assigned over ; it can only
be enforced by the party by whom it was originally
obtained. If a capitalist desired to invest money on
the security of land, a mortgage was obtained in which
the nature of the contract and the terms of redemption
were fully set forth, and under which the lands speci-
fied in the mortgage-deed were alone responsible. But
in Ireland a judgment constituted the very best
security that could be obtained. All the real and per-
sonal property of the Common or person confess.
ing the judgment, not only in possession, but to which
he might become entitled at any future period, became
subject theretofrom the moment of its entry. It could
be readily assigned, and all the rights belonging thereto
transferred to the assignee, at a trifling expense; and
in case of default a receiver could at once be obtained
on a petition to A court of equity.! ►lt possessed,

therefore, many advantages not belonging to a mort
gage ; and, in fact, no mortgages or other charges on
land were ever aceepted, unless accompanied by a col-
lateral judgment or judgments.
It may easily be conceived what opportunities and
inducements were afforded under such a system to
create a number of small incumbrances. The Irish
gentry are, and have been, proverbially a thoughtless
and imprudent race, ever ready to incur new liabi-
lities and to obtain loans for present exigencies, on
any terms, however disadvantageous or ruinous to
their future prospects. The facilities for obtaining
small sums were not suffered to remain dormant.
Persons who would rather undergo some trifling in-
convenience than submit to the delays and expenses
of raising money by a formal mortgage of their pro-
perty, were quite ready to " confess a judgment."
There is, we believe, but little doubt that fully one-
half of the incumbrances affecting Irish estates
are ascribable to the state of the law with
respect to judgments, and that the vast extent of
property now under the control and management of
receivers of the Court of Chancery—the worst pos-
sible landlords—is owing to the same cause.
Under such circumstances, when one•sixth of the
entire soil of Ireland is in the hands of receivers—
when more than 2,000,0001. sterling is annually drawn
from land, no portion which can be applied to the
improvement thereof, however obvious the advantages
of the expenditure—no doubt can exist as to the
correctness of the opinion of the distinguished Judge
who now so ably presides over the Court in
Ireland, " that it is a matter of public policy to render
judgments unpopular securities for money," and that
" the present law operates most injuriously on the
interests of an embarrassed and improvident people."
A great and comprehensive change is essential to the
welfare and prosperity of the nation. But when the
enormous amount of money, and the magnitude of
the interests involved in the question are taken
into consideration, it will also be manifest
that the utmost caution must be observed
in dealing with existing interests. It would
clearly be unjust to lessen the value of the securities
on the faith of which so many persons have advanced
their money. There will, therefore, be no inter-
ference with judgments now in force, which will be
exempted from the operation of the present Bill, and
the greater portion of which, it is to be hoped, will
he liquidated under the provisions of the Incumbered
Estates Act; but all future judgments will be affected,
so as to prevent the possibility of the nation relapsing
into its present condition, if it should happily be ex-
tricated from difficulties by judicious legislation.
The first and most obvious precaution is to prevent
the assignment of judgments henceforward. When
judgments are only valid in the hands of the Conuzee,
or party by whom it was originally recovered, or of
his or her personal representatives, there will no
longer be a temptation to keep those securities so long
alive. We shall not, as at present, find judgments sub-
sisting that had been obtained against a former pos-
sessor of the property some eighty or a hundred
years previously, and which constitute formidable diffi
culties in the way of making clear and unobjectionable ti.
ties to the lands; if brought into the markets for sale when
no longer assignable, the great inducement to resort
thereto will ba removed. The practice of raising
money by confessing judgments will receive a heavy
blow and great discouragement, and a salutary diffi-
culty will be thrown in the way of creating new
incumbrances affecting Irish property.
The second point to be attained by the present
Bill is to prevent judgments from attaching on, or
becoming charges upon lands, until they have been
actually placed in the hands of the sheriff for recovery
This salutary enactment will get rid of one of the
chief difficulties in the way of making out a title to
estates, and a cause of great and unnecessary expense
in the transfer of landed property. It will also ren-
der judgments unavailing as permanent securities,
and remove the dangerous facility that now exists for
creating new incumbrances.
The last, and by no means the least important
provision of this excellent measure, will be to take
away the power of appointing receivers for sums
less than 1501. Under the present system,
a receiver can be appointed to enforce pay-
ment of any judgment, however small, and
in many instances the costs of the proceedings
greatly exceed the amount of the original debt. A
fearful instrument of oppression is thus placed in the
hands of creditors, who are able, by means thereof, to
extort usurious interest from their unfortunate debtors,
as a premium for forbearance. It is also notorious
that many unprincipled attorneys speculate in small
judgments, which they purchase, and take assign-
ments of, in order to make heavy costs in addition to
the sum actually due. We confess that we would
greatly prefer that the power of appointing receivers
for judgment debts should be altogether taken away,
as the Solicitor-General proposed, and that thus there
should be no inducement whatsoever to advance
money on that species of security. A difference of
opinion, however, existed on that subject, and as it
was exceedingly desirable that there should be perfect
unanimity, so as to ensure the passing of the Bill
during the present session, the Solicitor-General re-
linquished his own opinion, and consented to the
limitation of the power in cases where at least 1501.
should be due on foot of the judgment. This will, at
least, prevent a considerable proportion of the cases of
oppression where the poorer class of debtors were
entirely ruined under the present law. On the whole,
the measure will effect a great improvement in the
existing system, and will be productive of the. most
beneficial results in the sister kingdom.

THE FRENCH REPUBLIC.

We have received the Paris papers of Saturday and
yesterday.
The llioniteur of Saturday has the following :
" The Minister of the Interior has addressed the fol-
lowing report to the PRESIDENT of the Republic :
" Monsieur lo President,—The deplorable events of
the 13th June last have raised serious dissension in the
7th Legion of the National Guard of Paris. A great
number of officers have considered it their duty to resign
their ranks, in the idea that it was impossible that the
Legion should not be dissolved and reorganized. The
Government, in fact, considers that measure as indispens-
able, which is called for by common accord by the Ge-
neral Commandant-in-Chief of the National Guard, the
Prefect of the Seine, and the Mayor of the 7th Arron-
dissement. An organic law on the National Guard will
besides shortly be presented to the Legislative Assem-
bly; the 7th Legion may therefore in a short time be
reconstituted under the provisions of that new law. I
have, in consequence, the honour to beg that you will
approve of the annexed decree. Accept, &c.,
(Signed) "J. DUF.►URE."
The PRESIDENT of the Republic has, on the above
report, ordered the dissolution of the 7th Legion of
the National Guard of Paris.

The Committee appointed to examine the projet
de loi relating to the press, has determined to report
in favour of it.

The Journal des _Wats gives the following compa
rative statistics of the Paris elections in .May and in
July—

•'TThe results of the elections of July bare just been
seen. In comparing the figures at present with those of
May 13 and 14, we find— _ _

May 13. July 8.
Electors inscribed ... 378 u 43 372,800
Voters ... ... 281,140 234,588
Suffr4ges reckoned ... 275,642 233,901
Thus 46,552 electors, who had taken part in the vote of
May, abstained in July. The votes obtained in May by
'he first eleven candidates selectrd le the list of the
Union bad given a total of 1,304 596 ; in July the
•lev, n candidates of that list had 1.315.873 votes, or
11,277 more than in May. This is a smaller number
t>l voters. The list of the Union obtained more votes

to July than it had done in May. In May the first
-andinate elected from tho list or the Union, M. Lucie,_
Niurat, had obtained 134,825 votes, whereas M. Ledru
Etollin, the first candidate chosen from the socialist list,
130,070. In July M. Lanjuinais, the first candi-
late elected from the Union, obtained 127,556 votes;
Goudehaux, the first candidate of the socialist list,
dad only 103,602 votes, and is not elected. %ire have
said that the total of the votes obtained at present by
the ekven candidates of the Electoral Union was
1,315,873; the eleven candidates of the socialist list who
obtains d :the greatest number of votes only furnish a
total of 991,014 votes. These two amounts give an
average of about 120,000 votes for each candidate of the
Union, ard a little more than 90,000 for each socialist
candidate."

It is reported that in consequence of serious dis.
turbances which have taken place at the Polytechnic
School, that celebrated institution is dissolved. One
f the students, who was accused by his fellow-
students of having befn the principal cause of the
arrest of 1%1. LEON LABAUNE, who was last year the
head of the Ateliers Nationaux, has ever since been
sent to Coventry" by his companions, and subjected
to all manner of indignities. This affair has given
rise to such serious discontent and disturbance, that
the Government has been obliged to take the matter
up, and ultimately to dissolve the school. The mea
sure is a harsh one, but it will not be of long endue

ranee. It will shortly be re-organized, merely leaving
• it the names of the principal rioters.
Tf e Salut Public of Lyons gives the following
account of a dreadful inundation which had just taken
e A St. Etienne and the neighbourhood :
"On the evening of the 10th, a violent thunder-
storm, succeeded by a waterspout, suddenly inundated
the village of La Republic. In ten, minutes a stream,
called the Furens, which passed through St. Etienne,
was swollen into a perfect torrent, carrying before it
everything which impeded its progress. The streets o'
St. Etienne were completely inundated, and a great
quantity of property of various kinds swept away by the
torrent. Several persons lost their lives. At La Ba-
douillire a house was washed down, and a whole family
buried beneath its ruins. The torrent was so rapid,
that although not more than four feet deep, no one
could stqnd against it. In the quarter of St. Louis, a
fire broke out in consequence of the bursting of a gas-
pipe; it burnt, however, but a short time, as it was
extinguished by the rush of water. A cal. in the
Place de l'llatel de Ville, was completely washed
away. A pyramid erected on the north side of Mont
Pilat, in commemoration of the birth of the King of Rome,
was struck by the lightning and considerably damaged.
Tho dyeing establishments at Valbemoite have been
seriously injured and much property destroyed. The
inundation lasted for about an hour. Ten bodies have
already be en found, but it is expo cted that the loss of
lives will amount to thirty. More than 1,000 families
have suffered more or less loss. The garrison at St.
Etienne exerted themselves with the most praiseworthy
courage, and it was only owing to their exemplary con-
duct that the damage done was not much greater than
it is."
In several departments the elections are finished,
and the following s the result :
ButreuEs Du RHONE —General Rulhieres, 35,000; M.
Dupont (de l'Eure), 17,000.
tjALVADOS,—M. Leroy Beausien, 32,685 ; M. Dupont
(de l'Eure), 13,686.
CHARENTE ••INFERIEITRE.—M. Eschasseriaux, 15,020;
General Pith, 11,631; M. De Lassus, 11,502; M. Mare-
chat, 11,129.
In this department none of the candidates having
obtained the support of one-eighth of the number of
electors inscribed on the lists, a fresh election must
take place.
DROME.—M. Morin, elected. The numbers not stated.
Enan-xT•Loistn.—M. Briffsut, 22,526 ; M. Lamar-
tine, 2,834; M. Maunoury, 2,823; M. Raimbault, 1,032.
GER/ —M. Lagrang,, 23.170; M. Pequt Ogler, 13,839;
M. Alum limussi-au, 1,950; M. David, 1,505.

ILE ET VuLaiNt.—M. nionst elected. Numbers no'
stated.

JURA.—M. Valette, 18,878; M. Ribeyrolles, 16,622;
M. Lamartinp. 3,329.

LOIRE ET CHER.—M. Clary, 14,647; M Germain
Sarrut, 13.537; M. Ducoux, 2,009.—M. Sarrut protested
agairist r he election, and intimated hii intention to petition.
LOIRET.—M. Lamartine, 23,006; M. Madier, 7,309;
M. Iton teau, 2,007.
NIEVRE.—M. Manuel, 18.483; Col. Mouton, 16.264.
RHONE.—M. Jules Favre, 41,337 ; M. J. Rivet,
17,391; NV. de Mortemart, 11,739.
SAONE-ET-LOIRE.—M. do Lamartine, 29,094 ; M.
Joly. i ere, 20,068,
SEINE•ET-MARNE.--M. Auberg,f, 16,593; G. Lafay-
ette, 8,412; N. Clary, 8,107; M. Luchet, 4,681.
SEINE-ET-OISE.—M. Napoleon Lepic, 40,905; M.
Erambert, 8,269.

MAINE-ET-LOlRE.—Admiral Dupetit Thouars, 41,561
M. Lefrancois, 7,690

The Moniteur, of Sunday, publishes the announce-
ment of the appointment:of General DE LAMORICIERE
as Envoy Extraordinary and Minister Plenipotentiary
on a temporary mission to the Emperor of RusslA.
We read in the Sentinelle of Toulon :

" The Gregoeis, Captain Fournier, arrived in the even-
ing of the 9h in this port. It left Civita Vecchia on the
6th, and touched at Marseilles on the Bth. On the sth
our army was completely estahli. hed at Rome, and owing
to the energetic measures taken by the General-in-Chief
perfect order was maintained. Our soldiers were well-
received by the Roman population, who were wearied
with the regime of terror which weighed on them. The
troops occupied all the positions which command the
town, and no fear with respect to public tranquiliity
was entertained. At nine o'clock in the morning of the
sth they replaced the Roman garrison of the Fort St.
Angelo. The national guard and earibineers were doing
the service of patrols in conjunction with our troops of
infantry and cavalry. Garibaldi went towards Velletri,
but it was believed that he would march towards the
Abruzzi. About 600 convicts to whom he gave liberty
form part of his corps. General Regnault de St. Jean
d'Angely commands the French force sent after him.
Mazzini was not with him, as was at first stated, but
had taken refuge, with General Avezzana and Prince
Canino (Bonaparte) on board the English steamer, the
Bulldog, which has conveyed them to Malta. When the
French entered Rome there only remained 10,000 or
12,000 organized troops."
Rumours were yesterday prevalent in Paris of a
most extraordinary character. It is known that in
August the Legislative Assembly will adjourn for
two months, and during this interregnum a bold
attempt, it is said, is to be made to destroy the
Republic. The Siecle thus describes the intrigues
which are said to be carrying on for this purpose :
" A legislative interregnum has been at all times fa-
♦ourable for ministerial intrigues. We do not yet know
what great project 14 in view for the adjournment about
to be proposed, but we believe that a complete change
of Ministers, long looked forward to, is at length re-

cognised to be inevitable. Meetings, communications,
and negotiations have been CO numerous, and matters
are matured to that point, that we should not be surprised
to read in the Moniteur this very day the following ap-
pointments:—
M. Mo'6, President of the Council, without portfolio.
"M. Thiersi Minister of the Interior.
" M. do Fallour, Foreign Affairs.
" M. Benoit d'Azy, Finances.
" M. Napoleon Darn, Public Works.
" M. Baroche, Justice.
" M. de Montalembert, Public Instruction.
" M. Rulhieres, War.
" Admiral Cecile, Marine.

"M. de Morny,Commune.
" This we admit to be a curious list, but really we
think it better that the principal actors who have been
so long behind the curtain *build come at once upon
the stage."

General CHANGARNIER is, it is said, opposed to this
combination, and the PRESIDENT of the Republic
hirriaelf is said not altogether to favour it. The Legi-
timists and parti pretre are likewise waxing exceei-
ingly bold. The Corsaire and the Assemblie
Nationale openly advocate a restoration of monarchy,
and the old Monarchists are everywhere being ap-
pointed to offices in the provinces. Among them are
several partisans of LOUIS PHILIPPE, and several whose
monarchical opinions were of so ultra a character, that
under the ORLEANS regime they were considered as
unfit for office. The Liberte, in a leading article
headed "Republic or Monarchy," thus exposes the
designs of the Monarchists :
" The question is now laid down, as it were, of itself;
there can be no longer any illusion on the subject. Be-
fore the last elections it was thought that the enemies
of the Republic would have pitience to wait. It was
thought that, after all their professions in favour of the
honest and moderate Republic, they would have had the
decency not to bring such a question on the tapis, how-
ever, it might have linked in their feelings. Six months
ago we proved beyond contradiction that the adherents
of the late dynasty had been thrust into every place, and
were in full possession of power, to enable them with
greater facility to destroy the Republic, and while they
were pretending to be its defenders."
And having proceeded in this strain, it appends to
its leader the following postscript :
" Large sums of money had for some time been ex-
pending in the restoration of the domain of Chambord,
and there is great activity employed to render it worthy
of the habitation of a prince. Does this restoration in-
dicate one of another sort?"

The Assemble Nationale has the following, which
will certainly not tend to allay the fears of the Re-
publicans :
" Many correspondents of both English and French
journals occupy themselves with certain interviews and
negotiations, undertaken with the view of solving some
points of the highest policy attached to the governmen-
tal situation of France. Hence conjectures, reproaches,
and insults. Sad avowal this on the part of the Repub-
licans ! If their principles be so powerful, why trouble
themselves on the point ? We believe all conjectures
premature. In the present state of France every act of
conciliation and good understanding ought to be ap-
placcled. But while we approve of what is good and
just, there are, we must say, other matters of a more
pressing character. The revolutionary spirit that
Common enemy—must he repressed and put down.
Every work is composed of parts. Ono must precede
the other, and why trouble ourselves about the future
when we have universal suffrage to repair, sanction, and
legalist. ? What we want tc-day.is complete victory
over anarchy, with the conecration of the following
prinetple:—‘ France, legally represented, can do what
she pleases, for she is sovereign.
Should any attempt at a restoration be made, a
terrific civil war would be the consequence. The
Et( publican party is strong even in the army and
it would resist to the last ; no attempt to change the
form of government in France could be accomplished
without terrific bloodshed.

The PorE has sent the following letter in reply to
an address presented to him from the municipal
cJuncil of Marseilles :
" Dear Sons,—Salutation and Apostolic Benediction,
—The piety and de crence which you profess for us and
for the apostolic see, in concert with the illustrious
French nation, have manifested themselves in a parti-
cular m .nner under the deplorable circumstances which
removed U 3 from It,Ane and subjected us to the most
severe tribulations. We, therefore, accept with grati-
tude the duty which you wish to perform towards us
at this time, and we thsnk you for consoling our suffer-
ings and our ails ctions by the expression of the
religious feeling which animates you in such a high
degree. Confiding in the Almighty, who wounds
and heals, who, while permitting tin a-• adversities, would
not shake the faith, but only put it to the proof, we
have never ceased day and night humbly to implore his
Divine assistance; but we fear that he will one day
punish by some public calamity the disorders of the city
of and the injuries done to the Church. It is
for that, dear sons, that you should persevere more than
ever in praying to the Lord to turn his indignation from
the Christian world, and to establish peace and tran-
quillity. And we give you tenderly, end horn the
bottom of our heart, to you and to youe lellow-citizens
the apostolic benediction, 83 a presage of the Divine
protection, and as testimony of the love which we
bear towards you,

" Done at Gaeta, the 10th of June, in the third year
of our Pontificate.

(Signed) " PIUS, P.P. IX."
ISI.NESS DONE IN FOREIGN RAILWAYS AT THE
LONDON, S'POCK-EXCEIANGE, JULY 14.
Central of France (Orleans and Vierzon), 12%—Luxem-
bourg, %—Paris and Houen,2l:%--Paris and Strasbourg, 4
—Sambre and Meuse, 314.