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London, England, 1847-12-06 00:00:00

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WEATHER.—Suri OYEICE, DEC. 6
THERMOMETER, Lowest, 37; Highest. 49 ; Noon, 47.
BAROMXTEB.,2B.7B.—jgIND S.S.W.; rain.

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LONDON, MONDAY, DECEMBER 6, 1847.

The improvements of the law of debtor and credi-
tor is a subject of the deepest importance in a com-
mercial country. It should be the chief object of the
Legislature to establish a code by which the honest
but unfortunate debtor should, as far as practicable,
be relieved from unnecessary sufferings, the disho-
nest and fraudulent one properly punished, and, in
either case the property that still remained equitably
distributed amongst the several creditors in propor-
tion to their respective demands, without any being

suffered to obtain an undue advantage, or the funds
being wasted in legal expenses. For a long series of
Iyears the state of the law was a disgrace to the British
nation. Every creditor was at any time empowered
to seize upon the person of his debtor, and to incar-
cerate him in a gaol away from his family and his
busines2, which might be wholly destroyed in conse-
quence of the vindictive proceedings taken. It was
not even necessary that the justice of the demand
should be established in order to take those summary
steps. It was enough if any person had sufficient har-
dihood to swear to the existence of a debt, and a
warrant was forthwith granted, under which the al-
leged debtor might be arrested, and (if unable to find
bail) detained in custody. It is not necessary now
to expatiate on tho various abuses occasioned by this
state of the law Suffice it to say that it attracted
the attention of eminent legal refirmers, and that
Lord BROUGHAM particularly distinguished himself
by his zealous and indefatigable exertions in intro-
ducing the required ameliorations. Arrest on mesne
process WAS wholly taken away, unless where there
were reasonable grounds for supposing that the
debtor intended to fly out of the country, and thus
to escape from the jurisdiction of the courts. In
such case a judge was empowered to
issue an order for his immediate arrest and deten-
tion. Great amendments were subsequently intro-
duced into the bankruptcy and insolvency laws—
more particularly by the sth and 6th Victoria, c. 116
(commonly called Lord BaouGuam's Act), by which
persons, not being traders within the statutes relating
to bankrupts, or if within these statutes and owing
less than 3001., were enabled to come before a Court
of Bankruptcy without being previously in custody,
and to obtain protections pending the investigation of
their affairs, and the ultimate decision of the Court
on their cases. Other reforms have subsequently
been introduced—some undoubtedly most beneficial
enactments were carried, but others also passed
which we cannot regard with much favour.
It is, however, admitted on all hands, as well by those
who recognise the great value of by far the greater
portion of the alterations that have taken place, as by
those who think that too much leniency has been ex-
hibited towards debtors who are unable to satisfy
the full amount of their liabilities, that further legis-
lation is required.

A society has been formed in the metropolis for
the purpose of effecting an improvement of the laws
relating to bankruptcy and insolvency, which held a
meeting on the 22d of November, the day previous
to the delivery of the QUEEN'S Speech in Parliament, to
which we should earlier have alluded but for the many
important topics to which our attention has since ne-
cessarily been directed. We do not desire in the
slightest degree to impeach the motives of the highly
respectable gentlemen who took part in the proceed-
ings, although we think that they are greatly mis-
taken in many of the views they advocate, and
that they have cast censure, most undeservedly, on
the eminent legal reformer to
_whom the nation is
so deeply indebted for his indefatigable
exertions on the subject. From the repot of the
committee, which was adopted by the meeting, and
from the motions that were carried, it appears that
the society claim credit for having succeeded in in-
troducing into the Small Debts Act the power to
imprison for debts under twenty pounds, such impri-
sonment not operating as a release of the debt, which
power they desire to have extended, and that they
also advocate the restoration of arrest upon mesne
process (with certain precautions to prevent abuse).
Now, we confess; that we are wholly at issue with
them upon both points. We give them credit for
the best intentions, but we think that they are mis-
taken in their views ; that little, if any, advantage
would be derived by parties engaged in trade or
commerce if their views were adopted, even,
to the fullest extent, and that evils far more than an
equivalent for any supposed advantages would ensue
even to the creditors themselves, while the unfortu-
nate debtors would in many cases be subjected to
great hardships and persecutions.
Before we conclude our observations we would
direct the attention of the committee of the society,
to a letter which appears in another part of The Sun,
seeking for explanation on certain parts of their
report. We certainly can scarcely reconcile the pa-
ragraphs alluded to by our correspondent; we trust,
however, that a satisfactory explanation may be
afforded.

I Suddenly there is a clamour for the immediate
1
adoption of a comprehensive system of national de-
fence. Our position is represented as being most
perillous ; and, considering that the population of
England has hitherto lived in a state of unbounded
confidence and unhesitating security, the declaration
of its liability to invasion is calculated to act upon
the popular imagination like a thunderbolt. For a
considerable time there has been a tendency to in-
vestigation into the bulwarks along our seacoasts,
and into the discipline of our militia. Gradually, as
the increase of the steam-power applied to European
navigation rendered our position, as an insular sove•
reignty, less and less impregnable, a sense has been
stealing over the heart of the nation, that something,
hitherto unatternpted has become requisite to restore
the empire to its original stability. This sense has
stolen into the thoughts of the more reflective members
of the community, without exciting in the United
Kingdom any dread unbecoming the dignity of the
empire, without leading to any precipitation un-
worthy of its great history, of those heroic men, and
of those heroic deeds which have in past generations
attested that the race of the Anglo-Saxons is uncon-
quered and unconquerable. There have been no
demonstrations of panic in reference to the ineffici-
ency of our national defence, though the conscious-
ness of their inefficiency has been very long growing
upon the aggregate judgment of the multitude.
There have been no frenzied movements for the
abandonment of this culpable apathy, although
each day has shown more and more distinctly that
the indolence of the Legislature is most cul-
pable. There have been no credulous listeners in
these islands to certain intermittent rumours of
assailants, though at the same time it must be ac-
knowledged that the vast majority have recognised
the probability of the ultimate appearance of those
imaginary antagonists. Hitherto, there have been
these insinuations, this consciousness, and this en-
tire absence of preparation respecting the dangers ac-
cumulating round the cliffs of Britain. It is advisable
that there should at last be some legislative response
to these imperative demands, the ',demands rather
of reason, of instinct, amid of circumstances, than of
an individual or a populace.
The occurrence which has recently revived the
perils of our position in the general remembrance,
was an anonymous letter, published in the
columns of a morning contemporary, on Monday
last—purporting to contain the opinions of the greatest
warrior who has ever adorned the annals of England,
not even excepting the favourite hero of SIIAKSPERE,
or the illustrious and invincible MARLBOROUGH.
Anonymous as the communication was, it has already
effected more in agitating the mind of the community
than either the pamphlet of a JOINVILLE or the de-
clamations of an ELLENBOROUGH. After expressing
our acknowledgments, however, to our contemporary
for the insertion of an epistle in every way so re-
markable, as embodying the hitherto secret views
of the Duke of WELLINGTON, we must, nevertheless,
Protest that the appeal made by the writer to the king-
dom and the Government appears to us to be altogether
too extravagant in the earnestness of its adjurations.
Rome did not fall with the abruptness of an avalanche.
Assyria did not disappear from among the most puissant
nations of the globe as a bubble bursts. Carthage
did not resemble a dewdrop or consumption in
evanescence—rise, sparkle, exhale, and vanish. It is
preposterous to imagine that a power like that of
Et
hnagt ltairi is l
ed
g lo tro be y
of crusheda a
an
empire,
pisree,asiil a
in which
lvs a rotten
hicilthe Spanishapple—
boast is realised, can be extinguished like a fusee
under the heel of a French chasseur. The notion is
idle,an d
mostt he dvriesaimonaisrypusillanri.ous ; and it is most idle
to be frightened into a different
insufficiency
bear warnings as thteli.m I
Let the
pointed out boldly and explicitly,
alarm into prudence a Legislature
rather plunged deeper tionethtehat Great Britain is
of eoroenrtnpaotliiocny bydesfuecnhcebsugbe-
abbuyt
vwahliec
h don't attempt to
abysses
of wouldi be
by any such endeavour. W h ettier N garrisonentr
channel or raise a line of fortifications along our
eastern coasts, our rulers will not be more disposed
to require the adoption of such measures, becauso

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