The Sun.
London, England, 1848-07-03 00:00:00

THE SUN, LONDON, MONDAY EVENING, JULY 3, 1848.

erroneous. Had the Learned Commissioner consi-
dered the cases, he would have found that " Jellis v.
Mountford" has been partially overruled, it being sub-
sequently decided that a debt in a former schedule
would not support a fiat in bankruptcy, as a creditor
would not be permitted to harass a debtor by issuing
a fiat in bankruptcy when entitled to a dividend
under an insolvency ; but where a creditor's debt was
altogether omitted from a schedule he might issue a
commission of bankruptcy, not having a right to
prove his debt under the insolvency. It must be
borne in mind that " Jellis v. Mountford,"
on which the Chief Commissioner and the
Commissioner in Bankruptcy relied, was decided on
statutes long since repealed, which did not empower
a creditor whose debt was omitted from a schedule to
prove it under the insolvency, therefore he had no
remedy except by resorting to bankruptcy. But
under the [present Insolvent Act 1 and 2 VICTORIA,
C. 110, a creditor can prove his debts even though
omitted from the debtor's schedule, which leaves no
pretence for a creditor under an insolvency to issue
a commission of bankruptcy on a debt scheduled or
omitted, and as debts under an insolvency are satis-
fied by the operation of law, and the creditor de-
prived of the right to recover, they ought not to be
permitted to operate as an impediment to an insolvent
trader from petitioning under the protection statutes.
Up to the present time some of the judges adopted
the practice as laid down by Mr. JAGOE, while others
followed the decisions of the Commissioners of Bank-
ruptcy and Insolvency, and we believe all the
Commissioners of Bankruptcy, and three of
the Commissioners of Insolvency, dismissed
petitions in consequence of former debts,
not having been inserted in the schedules. But Mr.
Commissioner LAW had no opportunity of expressing
his opinion till the present case, and as he differed
from his brother Commissioners, he no doubt felt it
was imperative upon him to state his reasons fully
and clearly, and we confess that he has not only suc-
ceeded in doing so, but has also set the question at
rest, as his arguments are conclusive so far as re-
lieving a petitioner from the necessity of inserting in
his schedule the debts of a former insolvency. In
this ahle judgment, the Learned Commissioner fully
reviews the insolvent code in a manner which shows
that he has made it his study; but we must refer
to the judgment, which renders any further comment
unnecessary, and which we shall to-morrow give in
extenso.

It is to be regretted that this question has not been
long since settled, as the decisions contrary to that
of Mr. Commissioner LAW must have inflicted an
amount of injury on small traders which can scarcely,
be estimated; and we trust that the monstrous ab-
surdity of requiring the insertion of debts not reco-
verable either at law or in equity, will not further be
insisted upon, notwithstanding the previous decisions
of a contradictory character.

THE FRENCH REPUBLIC,

NATIONAL ASSEMBLY.

We have received the Paris papers of Saturday
and yesterday.
Paris still continues tranquil. Several insurgents
who had taken refuge in the neighbourhood of St.
Denis have been captured.
In the sitting of the National Assembly on Friday,
M. MARIE took his seat as President for the first
time, and delivered the following address :
" Citizens,—ln calling me to the presidentship of this
Assembly, you have given me a high mark of confidence,
for which I thank you. I thank you above all for hav-
ing once more, and at a difficult moment, made an ap.
peal to my devotedness. The fatal days which have
cast over France an immense affliction imposes on all
most important duties—l am well aware of them, and I
accept them. mews minds may be astonished at them,
but they swell at the fact; and give men courage,
and it is on that side that I hope to justify your
confidence. Besides, if for an instant Republican
France was forced to bend its head before an
impious war, it may now at length raise it up with
increased pride and confidence. The Republic conti-
nues strong and pure, and will remain powerful and
fruitful, for anarchy will not prevail against it. No, it

was not the people of February, so great in combat, so
great in victory, who raised up these sacrilegious barri-
cades, over which, thank God, the colours adopted by
France have never floated. No, it is not the Republic,
which fought against the Republic, but barbarism, which
once more dared to raise its head against civilization.
The victory was written down for us in the very laws of
humanity. It is for us now, citizens, to consolidate it by
the wisdom of our labours, by the firmness of our conduct,
by the moderate, but emstaot development of the princi-
ples which the Republic has laid down. France knows
this, and bears it in mind when looking at you. You have
before you an immense task; but you have also an im-
mense courage, and an ardent determination to fulfil it.
With time as an auxiliary, with peace in the capital, with
order, above all, that supreme law of society, all
sufferings may be alleviated, all miseries succoured, all
the springs of labour and industry again placed in
motion. As to me, citizens, permit me once more to
felicitate myself on the noble share which you have
assigned me. In order to render myself worthy of it I
have examples to follow—striking examples, and which
you have sufficiently increased to prevent them escaping
the public eye. I shall follow them ; I shall also have
to aid my zeal that sacred law of my country, which is
never invoked in vain. Permit me to reckon on your
kind support. The gravity of the circumstances call
for corresponding gravity in our discussions, and you
will aid ma in maintaining it. You will also maintain
the :liberty of all opinions. On these conditions be
certain, citizens, we shall see those great parliamentary
days of past times revive of which France is proud, and
which she againidemands in order to fix on immoveable
bases the constitution which she attends."—Approbation.
In the course of the sitting the President made the
following important announcement :
" The Railway Bill has been temporarily withdrawn
from the order of the day, on the demand of the Mi-
nister of Finance.—(Ah, ah!) I say temporarily with-
drawn, because no determination has yet been come to
with respect to the measure."
From the known sentiments of M. GOIIDCHAUX on
the subject, however, there can be but little doubt
that the Railway Bill of the late Government will be
altogether withdrawn.
In the course of the sitting of the National Assembly
on Saturday, M. Gouin presented a proposition from the
Committee on Finance, tending to fix the salaries to be
received by the President of the Council and the Mi-
nisters. It proposes a sum of 10,0001. per month for the
former, and 36,000 f. per annum for each of the latter,
the salaries to commence on July 1. It furthermore
allows to the members who composed the Executive
Committee a sum of 5,000 f. a month each during the
period they were in office, and to their secretary a sum
of 3,0001. a month.
_ _

The President read a letter from the son of General
Negrier, thanking the National Assembly, in the name
of the family, for the pension granted to the widow.
The President also read a letter from M. Reynal, an-
nouncing that General Bourzon had expired from the
wounds which he had received during the late insur-
rection.—(Marks of regret.) " I have to inform the
Assembly," said the Hon. President, " that the state of
General Dumesmo is hourly improving; General Du-
vivier is going on more slowly, but his position gives no
occasion for apprehension."
The remainder of the sitting was occupied by the dis-
cussion on the Municipal Elections Bill.
On Saturday the Members met for the purpose of
organizing the Bureaux for the month of July. Among
those elected Presidents of Bureaux are MM. Thiers,
Berryer, Dufaure, Vivien, Dupin, Billault, De Tracy,
De Beaumont, and Francois Arago. M. Arago is the
only Member of the late Executive who has been elected.

The Committee on the Constitution, in its sitting of
Friday, decided that its members should be divided
among the Bureaux, so that there should be at least one
in each, to give the necessary explanations.

In the Bureau presided over by M. TRIERS, to
which the project of the Constitution has been re-
ferred, that gentleman, on its first sitting, took occa-
sion to make the following important declaration, on
the subject of what is absurdly called the " organiza-
tion of labour." It would appear that M. TIMM is in-
clined to the enactment of some measure analogous to
the English poor-law. He sees no objection to pro-
claiming the right to assistance to the aged and infirm,
because the promise thus made by the State can,
with the aid of the charitable institutions, be kept ;
but he objects to proclaim the right to labour, because
the State, by making such proclamation, enters into
engagements which it cannot possibly keep. We
hope that all those engaged in organizing the Re-
public, will study attentively this most remarkable
speech:—
" M. Thiers, president of the bureau, said, that in prin-
ciple he liked what was simple and positive; that he had
little taste for the vague and general declarations by
which the majority of constitutions were preceded ; that
he paid but little attention to the example of their former
revolutionary assemblies; that those assemblies had been
more remarkable for patriotism and talent than for poli-
tical experience; that our new Republic, for the peaceful
establishment of which he was most anxious, should not,
if it wished to succeed, seek to imitate the first Republic
attempted in 1792 ; that it should, on the contrary, dis-
tinguish itself by simplicity of language, wisdom of con-
duct, and a display of good sense. But (addrd M.
Thiers) this declaration of rights and duties, which I
would not have placed at the top of the constitution, has
been there introduced. To remove it might have been at-
tended with more inconvenience than advantage, and we
must use all our efforts and our care to change all that
there .is really defective in the constitution,
in order to let pass what has only the fault