The Sun.
London, England, 1848-05-11 00:00:00

sensing a shop on each side of that occupied by his
debtor, whom he might, therefore, pozsibly hare re-
garded as a rival in trade of whom it was desirable to
get rid. Whatever might be the motives by which
h.± was actuated, he, in defiance of the wishes of the
general body of the creditors, forced his neighbour
into the Gazette. In pronouncing judgment, the
Learned Commissioner declared his decided objection
to the system by which such harsh and oppressive
conduct was sanctioned. He said "he had often ex-
pressed a great wish that the law had been so framed
that some means were provided by which the ma-
jority of creditors interested in an estate could,' to a
certain extent, bind the minority, and at all events
prevent one creditor, who was actuated either by
excessive selfishness, or by worse motives, from
forcing a debtor into the Gazette, where that course
would be destructive to all the parties concerned.
He thought this case illustrative of that view—for,
having regard to all the circumstances, and the
honesty of the bankrupt's conduct, he must
say that he considered it to be one of
those cases in which the creditors might with
safety and advantage have come to an arrangement
with the bankrupt, and so have refrained from com-
inginto this court." There are few impartial or
disinterested men who will not fully coincide with
the wishes] thus expressed for a speedy amend-
ment of the law—a wish that must carry with it
considerable weight from the quarter from which it
has emanated. We heartily commend it to the con-
sideration of the legal reformers in either House of
Parliament. A Bill is at this moment before the
Legislature for " The regulation of the Court
of Bankruptcy, and for the further amend-
ment of the laws relating to Bankrupts," which
has been brought forward by Lord BROUGHAM, and
which will shortly be taken into consideration : a few
causes might easily be added embodying the valuable
sufgestions of the Learned Commissioner, and providing
that, whenever three-fourths of the creditors, in
number and value (or such other proposition as might
be approved of), should as-ent to a proposition which
might appear to be for the general benefit, the same
should be carried into effect, and the mino-
rity deprived of all power of acing inde-
pendently of the general body. There can
be no sufficient reasons why the provisions
of the 6th and 6th VICTORIA, c. 116, and 7th and Bth
VICTORIA, c. 96, which now apply to persons not
within the bankrupt laws, or of traders who owe in
the aggregate less than 3001., should not be extended
to all cases whatsoever. If these suggestions were
adopted much suffering would be spared to parties
whose embarrassments were occasioned by misfor-
tunes over which they had no control, and whose
general conduct had been unexceptionable, while the
creditors themselves would be materially benefited
and considerable sums, now expended in useless liti-
gation, saved for the parties entitled thereto.

benefactor, and deriding the conscientious qualms
of his paternal and pacific heart. Those who
abhor the sanguinary doctrines of a KENYON and a
BERMINGHAM ; those who regard with sentiments
of horror the spectacle of Archbishop A'BECKETT
leading on the soldiers of HENRY the Second, or
unhorsing ENGELRAN DE TRIE in open tour-
ney ; those, in fine, who would not behold the sword
slung over the cassock, or the pike grasped in sacer-
dotal hands, must appreciate the motives which
actuate a man like Pius LX., a man whose career
since the moment of his elevation to the Pontificate
has betokened the gentleness of his nature as well as
the enlightenment of his intellect and the benignity
of his ambition. However forcible may be the
reasons for the declaration of war against
Austria by the Italians—and there could not
by possibility be a concurrence of reasons more
forcible—it is impossible not to comprehend,
and, comprehending, not to appreciate the
recent hesitation of Pope Pius IX.. in regard to
the question of taking part in the war of independence.
As a Priest he feels himself impelled to remain passive.,
as a Prince he experiences a solicitude to join
ress
his
banners to those of Tuscany and Sardinia. .p,g
sion and bloodshed, even in the holy cause of libertyd,
seem to him, as a preacher of the unaggressive an
short of
unbloody dogmas of Christianity, nothing
gigantic and inexpiable crimes ; whereas the liberaa-
tion of Lombardy, the expulsion of the German
mercenaries beyond the natural boundaries o t e
Karpaths, and the subsequent union of the fre.e
hstates
the
of Italy into a federation commensurate wit
visions of his people to beautiful. visions
of an Italian nationality appear to be the
necessary sequence of his own
acts of me-
lioration—reAllts essential to the consumma-
tion of his own constitutional and sponta-
neous reforms. Pius IX. has thus wavered between
a warlike complicity with Sardinia and a passive
resistance to the Austrians. He has wavered be-
tween the rival influences of his position—the reli-
gious inducements
Heto peace—and the political incite-
ments to war. has wave red as became one con-
scious of his profound and incongruous responsibi-
lities. The agony of his hesitation is percfptible in
the allocution pronounced by the PONTIFF in the
Secret Consistory of the 29th of April. Those who
are from their geographical position enabled to
regard what is just now transpiring in Rome with
the, calmness of dispassionate spectators can
understand motives which are incomprehensible to
those
who are themselves immediately agitated by
events. It is thus that in London we can appreciate
a .hesitation of judgment which in Rome appears
enigmatical; we can see in it the struggle of con-
science and patriotism, while to the population of
the Papal territories it looks like treason or turpitude.
Long and distracting however, as has been the inde-
cision of the PONTIFF it has terminated at last—the
patriot has risen above the priest, or rather the
priestly functions have imparted a certain air of
sanctity to that war which was already rendere.d
sacred by the holy bonds of a race fighting for their
liberation and their nationality. Pius IX. has de-
finitively joined with the Grand Duke of 'lts-
CANY and the King of SARDINIA, in the endeavour
to free Lombardy from the detested troopers of
Austria; the Papal colours will mingle with the
Italian tri-colour upon the banks of the Alincio and
the Adige; RADETZSLY will not only have to defy
the heroic Genoese and Savoyards, he will have to
make battle against the descendants of the
warriors who fought under the Caesars and the
Scipios. There is now no room for retrogression.
The sovereign princes of Italy are henceforth linked
together in what may in truth be called a holy alli-
ance—an alliance for the vindication of their inde-
pendence and the declaration of their territorial rights.
While MAaIIANI is enunciating the patriotic reso-
lutions of the PONTIFF—declaring, first, that a priest
shall never again be called to any public office ;
secondly, that war shall be formally declared forth-
with ; thirdly, that Pius IX. is the head of the Go-
vernment ; fourthly, that an official bulletin shall be
published daily ; and fifthly, that the young shall be
encouraged to arm themselves and hasten to aid those
who are now driving the barbarians from the sacred
soil of Italy—while all these startling announce-
ments are being made in the Eternal City the
Parisians are amazed by the decision of the National
Assembly, that the ultras are nut to be excluded from
the new COMmission of Government. T'ie five Mem-
bers of that Commission prove to be the very five
proposed by the precipitate DORNES, namely,
LAMARIINE, ARAGO, MARIE, GARNIER PAGES, and
Levitt ROLLIN. After the first astonishment at this
decision hes subsided, however, we shall not have less
cause to congratulate the Parisians than we have to
felicitate the Romans—because, in both instances, we
cannot but regard the ultimate determination as the
most politic, the most patriotic, and the best calcu-
lated to effect in Italy her emancipation from Austrian
rule, and in France the consolidation of her Repub-
linn institutions. By this means the ultras are dis-
armed and the retrograde party confounded, the
National Assembly and the Pontifical Councils
having been alike influenced by the spirit of a wise
and courageous civism.

THE FRENCH REPUBLIC.

THE NATIONAL ASSEMBLY.

We have received the Paris papers of yesterday.
They all comment on the resolution adopted by
the Assembly in its sitting of the day preceding for
the appointment of an Executive Committee to no-
minate the Ministers. The Committee was to be
appointed in the sitting of yesterday, and will in all
probability consist of LAMARTINE, LEDRU ROLLIN,
ARAGO, GARNIER, PAGES, and MARIE.
It is considered generally that this is about the
wisest decision to which the Assembly could have
come, because by placing LEDRU ROLLIN in the com-
mission he is removed from the Ministry of the In-
terior, and with such colleagues as LAMARTINE and
GARNIER PAGES, his violence will be effectually re-
strained, at the same time his dignity is saved, and
his self-love remains unwounded. The decision of
the Assembly was, we believe, mainly influenced by
the speech of M. LANIARTINE, who came to the rescue
of bis fallen colleague.
The Journal des Debats thus comments on this
portion of the proceedings :
" Two members of the Provisional Government spoke
—M. de Lamartine and M. Ledru Rollin. The latter
to defend himself, the former to defend M. Ledru
Rollin—both with talent. M. Ledru Rollin, to use a
vulgar expression, has du bon. We have not, assuredly,
he ped to raise him to his present position, and we judge
him as mere ~peetators ; or, if he will have it so, as
victims. M. Ledru Rollin accepts his revolutionary
1 positi ,n, in which he is at ease. Two things are re-
marked in his attitude and in his speeches which always
retain their value—frankness and force. M. de Lamar-
tine is the generous and brilliant man of the new
Revolution. He loves to cover with his popularity all
who surround him. His speech contributed not a little
towards the adoption of the Executive Commissioners—
that is to say, the project the most favourable to the
ancient Provisional Government, and to M. Ledru
Rollin. It seems that M. de Lamartine shrinks from
the enormous burden that the indiscreet favour of
opinion would impose upon him ; and he is right.
May God witch over this noble relic of glories no longer
existing ! Lamartine, the poetic souvenir of our) oath,
the orator, and man of noble thoughts—he in whom
moderation is this moment personified I May France,
in the impetuosity of its admiration—may God, in his
justice, not raise him too high, and charge his shoulders
with a weight beneath which the strongest might
succumb ! M. de Lamartine calculates well, when
he desires to divide power, and nut have it alone."
Had LEDRU ROLLIN been rejected, there would no
doubt have been an armed demonstration on the part
of the clubs. There had been care, however, taken for
the preservation of the public peace. The guard at
the Assembly was reinforced by 1,500 National
Guards, and there were 6,000 of the National Guard
on duty at the Mairies.
The dynastic papers all comment sarcastically on
the noisy conduct of some of the Members of the As-
sembly, and contrast it with the staid appearance of
the old Chamber of Deputies. We cannot, however,
admit the justice of their observations. Considering
the circumstances under which the Assembly has
been elected, and the heterogeneous materials of
which at first it must necessarily be composed, it
strikes us that it has worked better than could pos-
sibly have been expected, and we have no doubt but
that in the course of a few weeks it will sober down
into as orderly a body as any other deliberative As-
sembly in the world.
Louis BLANC has announced the dissolution of the
Workman's Commission, over which he presided at
the Luxembourg ; and M. WOLONA'SKI has given
notice, in the Assembly, of a motion for a Commis-
sion for inquiring into every branch of industry.
The financial condition of-the country occupies
seriously the public attention. On this subject we
find the following in the Constitutionnel :
" We shall not follow the Minister in the enumera-
tion of the decrees which he has daily issued, and many
of which are not of great urgency ; we shall confine
ourselves to giving a summary et the present financial
state of the country, and of the means which he pro-
poses to relieve it. The comparison made between the
budget of 1848, as it presented itself under the old Go-
vernment, and sueh as it is rectified under the Republic,
Is as follows:—The credits voted for the ordinary service
of 1848 amounted to 1,366 millions, to which must be
added 23 millions demanded as a supplementary credit,
30 millions for Algeria, and 1,200,000 E for the secret
service and for the celebration of the fates of July, and
which would carry the ordinary budget up to 1,420
millions. The credits allotted for extraordinary works
amount to 189 millions, making a total of 1,610 millions
for the ensemble of the expenses voted or foreseen for
1848. The estimate of the ordinary receipts amounted
i o 1,371 millions, but M. Gamier Pages must deduct
from that amount a sum of 24 millions tOr inevitable non
valeurs, which will bring down the ordinary receipts to
1,346 millions; to this he adds in the shape of extra-
ordinary resources a sum of 20 millions, arising from the
loan contracted in 1841, and 83 millions for the reserve
of
(e htxt the
emes
expenses
Chamber,
Sinkingerstshi
s
unordinary resources to 1,451 millions, The budget of
for this ;11li
the ordinary
Fund, bringing up the ordinary and ex-
-1848, as it had been voted by the Legislative Chambers,
would have left a deficit of 159 millions. Let us now
I:ckeat. the modifications which are to present them
show on one
another a
definitively gives
for extraordinarythat the increase
ssame year
..
budget whichof willlB4 sbe submitted
entseesthoef
service as mentioned in the report, will.
part an increase of 161 millions, and in
diminution estimated at 80 millions, which
an increase of Si millions; the credits
31 millions
nasnd the budget as now rectified
" At the same time
wtoorrks are reduced to 49 millions, so
thetha.ctoon ther ordinary i fl
expensesa ry and extraordinaryha,e
increased
amounts to 1,641 mink:
this
millions,
including
underrated by
in consequence of the diminuttliaory',
ti consumption alai the
the stamp
materially decreased,
the receipts have, on the
bautt7a9s a set off to this,iflarges
stagnation of business ;
oa
frinjioeurriniaalgse;s
tlui.tyG
have, he says, been created by the state. Amongsth resources
taxes which he has established, that of 45 per cent.
the
the direct taxes will, be calculates, give 189 millions,
from from which he, however, makes a deduction of 29 mil-
lions on account of the number of persons who will find
themselves unable to pay tax, leaving the amount of
160 millions ; the duty on mortgages he estimates will
duce 45 millions, and the reduction in salaries to
pro
ten millions.
"Among the tax
es which he proposes to lay on is one
h. h
0.4. w l tho produce willc _
on the cuttings of the woods,

A case which was heard before Mr. Commissioner
PANE, at the Court of Bankruptcy, Basinghall-street,
on Tuesday, strongly illustrates one of the most
glaring defects of the present system, a defect which
loudly demands the speedy intervention of the Legis-
lature. By the law as it now stands any single
creditor who may be influenced by selfish or vindic-
tive purposes may enforce a bankruptcy, the results
of which will be highly injurious, not only to the
debtor himself, but to the general body of the credi-
tors. It may unduly affect the position and
prospects of the embarrassed trader, while it will
prevent those to whom he is indebted from obtain-
ing considerable advantages which may be tendered
for their acceptance, but which they must be deprived
of if a fiat is issued, and a profitable business de-
stroyed, through the malevolence or obstinacy of an
individual. The refusal to accede to propositions so
clearly beneficial to all parties, that the assent of
perhaps nine-tenths in number and value of the eredi •
tors is readily afforded thereto, may be withheld
either because the dissentient may desire to inflict
serious injury upon his debtor, from motives of pri-
vate animosity, to get rid of him as a rival in
trade, or to obtain for himself peculiar advan-
tages which cannot be given to the
general body. Are these such praiseworthy
and
just objects, that any interference therewith
shouldminority
be eschewed and avoided, and that a small
should be empowered to control the pro-
ceedings, and
guided by the Opinions
it is quite
would hail with approbationreverse,
amend-
ment of the law
refuse to participate in the acts or be
the of the great majority? Surely
and the public generally
bywhich such things are still sanc-
tionedthe bankrupt had
In the case under notice
struggled in trade fora considerable
various sums, amounting
father,
double the value of his about
how-
ever, considerable expectations from his
had,
on which he might reasonably
asset; eitihrneeles atond owed
calculate his
as a means
h
of discharging all his liabilities wit
drawback or deduction. The faller, without any
owever,
unfortunately perished by the hands of an assassin,
and it was then found that those expectations
nugatory, and that no possible assistance could be
derived or hoped for from that source. The ton,
therefore, acted a fair and straightforward part,
well deserving the approbation expressed by
the Court. Although possessed of consider-
able means, which would have enabled him to
from
carry on business for a considerable time, and
have retrieved himself
perhaps ultimately
all his difficulties, he called his creditors together,
e s abled to do, explained his true position and the real state of his
affairs, and having shown what
he proposed terms of arrange
wa
to w enhich almost
all his creditors unhesiatingly acceded. ne, how-
i
ever, refused his sancton—the law gave him certain
powers, in the event of his demand not being paid
in full, and he was determined to enforce the full
liquidation or to make his debtor a bankrupt, and
bring his
name before the public, by which his trade
would
be seriously injured, or perhaps
wholly destroyed, and the sources from
whence the
other creditors might in time
have obtained full paymento of their respective de-
mands wfi The
holly cut stern and unrelenting
creditor is, it appears, in the
same busiziegs,
pos.

E SUN, LONDON, THURSDAY EVENING, MAY 1

he one million ; a duty on successions and legacies to
produce 30 millions, and the establishment of a fire in-
surance office by the state, which will produce 5 millions.
"The amount to be derived from these taxes estab-
lished or proposed by the Provisional Government will
reach 251 millions, to which he adds 2 millions remaining
of the Loan of 1841, 20 millions on the National Loan,
on which 18 millions have been already paid up; 5
millions for the revenues of the Crown lands, 2 millions
from the reduction of the discount allowed to the tobacco
dealers, and a little more than 1 million in the surplus
of the ordinary direct taxes; in all 281 millions; from
which deducting 79 millions of non valeurs, leaves an
ilcrease of 202 millions.
" The improved budget will thus present the sum of
1,641 millions of expenses, and 1,652 millions for re-
sources, showing a surplus of receipts of 11 millions.
" Such is the plan developed by M. Gamier Pages,
in terms not a little optimist. He terminated his report
by declaring.ths:t the Republic saved France from bank-
ruptcy. This is an idea which he appears to cherish
warmly, and he has several times expressed it publicly;
we fear, however, that the idea is not participated in by
the depositors in the savings' banks and the holders of
Treasury bonds, for we do not observe that he alluded
at all to the fate of the former, and as to the latter he
advises them to consolidate in Five per Cent. Rentes,
without, however, stating at what rate he will effect that
consolidation."
It is thought that M. CREMIEUX will succeed M.
LEDRU ROLLIN as Minister of the Interior. AI,
JULES FAVRE is, it is said, put forward by LEDRU
ROLLIN for the vacant office. A more objectionable
appointment could not be made. M. Junts PAYEE
is the author of the celebrated No. 16 of the " Bul-
letin de la Republique," and was LEDRU ROLLIN'S
under-secretary.
Serious disturbances have broken out at Toulon,
in consequence of the dismissal by M. LEDRU
ROLLIN'S Commissary of M. SUCUET from the post
of mayor. Tranquillity was not restored until the
Commissary had promised that M. SUCHET should be
reinstated.
In consequence of the difficulty of obtaining coal
and iron ore, many of the furnaces at St. Dizier have
ceased working•
The celebrated comedian VERNET died on Sunday
last from the gout.
The Refurme calls upon the sentinels of Repub-
lican France to beware, for that a fresh coalition is
being formed against her. It founds its apprehen-
sion on a statement which appeared in the German
papers that fifty thousand troops were being assembled
between Bamberg and Nuremberg. This army, ac-
cording to the Rifornte, is, together with numerous
detachments of Prussians, Austrians, and Saxons, to
march against Strasburg !
Great activity prevails in the Foreign -office. It is
said that M. DE LAMARTINE has proposed that an
European congress shall be held for the settlement of
the affairs of Poland, Italy, and Germany.
The National Assembly met yesterday at eleven,
and commenced the ballot for the members of the
Executive Committee. The voting concluded at five,
and the following were the votes recorded for the
successful candidates
ARAGO 725
GARNIER PAGES 715
MABJE 702
LAMARTINE
LEDRU ROLLIN ...... 458
These five are the Government, with power to ap-
point the members of the Ministry.

flounced their readiness to negotiate upon equitable
terms. In consequence of this Lord WESTMORLAND
and Mr. DE MYENDORF had a lengthened interview
on the 4th instant with the Prussian Minister for
Foreign Affairs upon this subject, and as the good
offices of their respective Governments as mediators
had at length been accepted, they proceeded to dis-
cuss the basis of the projected negotiation.

The general details have not transpired, but as re-
gards the territorial question, it is asserted that Den-
mark will acknowledge the nexus socialis, the social
link—the battle horse of the Germanic Diet ; and
whilst she retains sovereign possession of the duchies,
she will admit the claims of the Confederation to the
twin allegiance and servitude of Schleswig and Hol-
stein, as has been the case with the latter since 1815.
The intricate question of succession to the duchies
will probably be settled at the same time, and thus
put an end to complications that have perplexed
statesmen, diplomatists, jurisconsults, historians, and
geographers, from the year 1460 down to the present
hour.
Meanwhile orders have been issued to the Confe-
derate troops to halt at holding, in Jutland ; and it
is probable also, if the armistice be concluded, that the
Danes will suspend the enforcement of the Elbe
blockade, announced to commence on the 10th.

DENMARK AND THE DUCHIES.
The Princes of HESSE have resigned all claim to
the succession of the throne of Denmark; this opens

the way to the succession of the Duke of AUGUSTEN'
BURG, and the consequent restoration of peace. The
following are the main points of the instructions
issued at Copenhagen on the Ist of May to the com-
manders of the Danish cruisers :
"I. Blockade of the enemy's harbours.-1 and 2. A
harbour is in a state of blockade as soon as a man-of-war
is stationed at its entrance, and the commander of the
blockade has notified the same by an open letter to the
Consuls of the neutral powers, and has called upon them
to name a time by which free vessels might be able to
quit the harbour. Neutral vessels bound for a
blockaded harbour are to be ordered to return,
and are to notify the refusal on their papers. The
bringing up as prize all hostile and suspected vessels.
—4. This can be done by the royal vessels only, and
then only such vessels as belong to acknowledged hostile
powers. A vessel not being free shall not necessarily
cause her cargo to be put into bond; on the contrary,
neutral goods in hostile vessels shall be forfeited only
where it is proved that the cargo was embarked after
the notification of the blockade. Such vessels as have
attempted to break through the blockade. All vessels
whose neutrality is doubtful.-6. Vessels belonging to
neutral powers—no matter to whom their cargo belongs
—are not to be brought in prize, if they had no contra-
bands of war on board. All vessels will be treated as
suspected that have either duplicate, or to all appearance
false, papers, as well as such who shall have destroyed
their papers, or whose captain shall refuse to show and
open all that may be demanded.-10. The following are
considered lawful prizes :—a. All vessels which belong
to the enemy ; b. Vessels laden with contrabands of war;
vessels which resist detention by force of hand or arms.
—l2. List of all that is considered contraband.-14.
Neutral merchantmen under convoy will not be visited.
—l5, 16, 17. The vessels brought in prize shall, without
anything on board being touched, be taken to the nearest
Danish Custom-house, where a military protection will
be afforded.-18. If the goods are of a perishable nature
or the average is so, the vessel shall be dealt with accord-
ing as may be judged most expedient.—lll. Inspection
and condemnation :-19. As soon as a vessel is brought
in as a prize into a Danish harbour, the same shall be
publicly announced; and in twenty-four hours a hearing
shall be granted to the captain, crew, and passengers,
and the whole matter settled before the close of four days.
—2l. Before the hearing is closed, the captain shall be
asked if he has any further statement to make before the
case is laid before the Court of Admiralty.-22. An ac-
curate inventory of the vessels landing shall be taken,
and no unlading shall be permitted unless the preser-
vation of the goods may render it absolutely necessary.
—24. Two Courts of Admiralty shall be aupointed, one
for Iceland, Zealand, Falster, Moen, and Bornholm, in
Copenhagen ; and the second at Nyborg, for all other
points.-25 to 35. Conditional regulations respecting
judgment and condemnation.-28. Concerning the
maintenance of care of the crews of prize vessels.-34.
The crews shall be maintained at the expense of the
Royal Treasury until sentence shall have been passed ;
but if the captain makes further appeal, all cost must be
paid by him. 35. The crew of prize and condemned
vessels are to be taken by the authorities of the place,
and delivered up to the nearest fortress.-36. Every.
cruiser must have on board a copy of these regulations"
A dispatch from General HAMLETT, from the
head-quarters, Nichel, May 3, announces the re-
moval of the quarters of the Hanoverian moveable di-
vision to Ulderup, and the staff of the vanguard to
Fischbeck.
A letter from Kiel, of the sth, states that the
Dimes have evacuated the Island of Alsen.