The Sun.
London, England, 1848-05-09 00:00:00

THE SUN, LONDON,

General, in contempt of disease, contagion, depravity,
and death, nothing, absolutely nothing in the way of
practical amelioration has yet been accomplished.
What has caused all this? Something must have
done so. What is that something ? Apathy ? No.
The very efforts which we have enumerated—efforts
made simultaneously by the Legislators, by the Go-
vernment, by enterprizing individuals, and by the
people themselves, show that for a considerable time
past there has been very far from any indifference on
the matter on the part of the community. A blunder
as to the mode of proceeding ? That is impossible ;
for every imaginable mode of proceeding has been
resorted to either successively or simultaneously. In-
dolence on the part of the Administration ? Not so.
Whether under the Premiership of Sir ROBERT PEEL
' or cf Lord JOHN Russel.; the Ministry have evinced
a peculiar degree of activity in the furtherance of the
cause of sanitary improvement. Both Lord LINCOLN
and Lord MORPETH have toiled with assiduity, to
assuage the sufferings of their fellow-men, by laying
before Parliament Bills of an elaborate and practicable.
character. Has the delay of this essential innovation ?
originated then in the insincerity of its promoters .
The simple enumeration of such names as NOR-
MA.NBY, GROSVENOR, 14.1ORPETII, LINCOLN, SOUTH •
WOOD SMITH, and CHADWICK, is a sufficient
reply to this suspicion. No : the continual
failure
of the efforts made in behalf of sanitary im-
provement is attributable neither to apathy, or
to blundering, or to indolence in the Cabinet, or to
the insincerity of its advocates. It is attributable to
something very different. To what then ? Tu an
opposition arising from a fanatical reverence to some
of our " time-honoured institutions. That is the
secret of the procrastination. Because our munici-
palities have been governed time out of mind by a
local board, the scheme of sanitary improvement
must be abandoned, crushed, mutilated, smothered—
anything but accepted. Better that disease should
decimate the land, and the corrupt influences of
domestic discomfort tend to the demoralization of the
multitude, and to the thronging of our prisons, our
hulks, and our penal settlements, than that the sacrile-
gious finger of the law should be laid on any one of our
time-honoured, institutions." Why, the veneration
o
for the "parochial authorities" was
pe
hfll.lpei
nothingd,tro.tp Bo groantroce:tiahni
underin every
v eAndry t
he were
instance, a similarinfliction
w e
s of all t
systemho u d bso
sorts
r com-
pelled omr
sof
grievances, because forsooth of their antiquity. If
antiquity, indeed, must be held paramount in every
instance, then it is advisable to re-establish a thousand
of those obsolete regulations which have been latterly
regarded as incompatible with civilization. Better
semi Herr DOBHLER to the stake for his apparent skill
in black-magic and demonology. Better revive the
feudal system, and all its consequences, because of
their venerable, and therefore sacred, antiquity,
Better do anything, however outrageous, criminal,
inhuman, or unchristianlike, rather than interfere
with our " time-honoured institutions."

Speaking seriously, however, it is found that disease,
immorality, and death are co-existent to an enormous
extent with these time honoured institutions, the
local boards exercising local power in the different
parishes and municipalities,--and therefore it is time,
we take it, for abating in some measure our admira-
tion for institutions so notoriously inefficient. We
cannot, for this reason, sympathise in the lamentations
uttered by Mr. CHARLES PEARSON yesterday evening,
that such time-honoured institutions as these should
like ricketty children he placed in " the go-cart of
centralisation." Centralisation we admit is, in the
abstract, a system calculated to prove most per-
nicious in its influences and in its operation. Yet,
notwithstanding our abhorrence of that relic of des-

putism, the system of centralisation, we would itn,

measurably prefer it to the arrangements which have
hitherto sacrificed to themselves the lives of more
millions than were ever immolated in hecatombs to
Moloch or crushed under the wheels of Jug •

gernaut. Centralisation, accompanied by health,
morality, and decency, is preferable, in our estimation,
to local administration, accompanied by disease,
mortality, demoralisation, indecency, and wretched-
ness. This is the preference which has throughout
actuated us in our reiterated demand for sanitary im-
provement, and which causes us to rejoice, with all
sincerity, in the knowledge that Lord MORPETH'S
Bill is at last receiving the emendation or approval of
a Committee of the Lower House of Parliament. •

A case was recently decided by Mr. Commissioner
PHILLIPS involving a point of practice of consider-
able importance—" In re ROBERT TALBETT." It WAS
moved that the insolvent's petition should be dis-
missed, and that the books, papers, and documents
filed with the Judge of the County Court of Notting-
ham should be returned to the insolvent, or his
attorney, he having been discharged by his detaining
creditor without having appeared before the Court,
or having obtained the benefit of the Act. The
questions that arose were—whether the jurisdiction
of the Judge of the County Court terminated with
the return of the record to the Insolvent Debtors'
Court; and also whether that Court could dismiss a
petition when so returned without any adjudication hav-
ing taken place thereon in the local court. The Learned
Commissioner, having previously consulted with the
Chief Commissioner, decided in conformity with the
opinion he had received, " that the jurisdiction of the
Insolvent Debtors' Court was completely taken away
by the recent statute," and he consequently refused
to dismiss the petition.
It is difficult to collect the arguments used in this
case from the reports that have appeared. It seems
to hare been more of the nature of a conversation
than of a case solemnly argued in a court of law.
With all respect, however, for the opinion of the
Learned Chief Commissioner, by which Mr. Com-
missioner PHILLIPS was governed, it appears
to us that the Judge of the County Court acted
very properly in not dismissing the petition, and in
returning the schedule and documents to the Insol.
vent Debtors' Court. In JAGOE'S " Practice in Bank-
ruptcy and Insolvency," page 149, (a work of which
we have already had occasion to speak in the high
terms which the accuracy and ability with which it
was prepared, and the thorough knowledge of his sub-
ject manifested by the talented author, so richly de-
served,) it is laid down, " Though the insolvent may
not appear, or if appearing, refuse to execute the war-
rant of attorney, or should any circumstance occur to
prevent his regular discharge or remand, the document
ought to be returned to the court with a certificate
i
signed by the Judge, fully stating the facts." There
should
stances ;
hytnnyotredaissomnis.sswahypeatitJioundguendoefra
sCuocuhnteyirCcuounir.t
chargeasd exempt{
e gratici:—The prisoner might be dis-
signehe
had
dtaining creditor, after the provi-
the estate.
sional
The c ollected a considerable portion of
thus (and also in other rights of the other creditors might
respects) be materially affected
efruyrndiishcharge of a prisoner
would be
in-
by the dismissal.
by his detaining creThditeor
furnishes Primo facie case
Judetonginnether with
of suspicion, demanding
Countybt
tC
toou
returnr t
i$
a full
vestigation, and which alone be. sufficient
o
refusing
tot dismiss justify
the th
petition, e t it ion,
the schedule and all the documents co
the case, to be dealt with by the Commissionereted with
whom the matter had previously been allotted,
to
With regard to the jurisdiction of the Insolvent
Debtors' Court, in connexion with the County Court,
Mr. JAGOE says; at page 10 of the same able work to
which we have already alluded, "That proceedings
instituted in the Insolvent Debtors' Court, after being
heard by the County Court, are returned to ba kept
amongst its records. Therefore the County Court, in
prisoner's cases, has only a transitory jurisdiction,
which ceases when the case referred to it has been
heard and adjudicated on." It therefore appears, as
we conceive, perfectly clear that the Insolvent
Debtors' Court, on the return of the schedule and
petition from the County Court, possesses an absolute
and perfect control as to its dismissal or retention,
and generally as to all matters connected with it,
from whence it follows, in our opinion, as a natural

consequence, that the Learned Commissioner
have been fully warranted in dismissing., ther vi•re wasud
there insol-
vent's petition in the case under notice,
the
no other objection to such a course than that founded
on the want of jurisdiction.
We have been induced to notice the present case
Ip-eiluse it is in the highest degree
important as well to the public geneially as Lo the members of the legal profession, that the practice
between the Insolvent Debtors' Court and the several
County Courts should be clearly understood, and that

amongst the National Guards, of which 150,000 ;had
been given to the people of Paris. In case of war, not
less than 800 000 men could be brought under arms.
The Hon. Minister also referred to the state of the
navy, and declared that it had been placed in a state to
meet every possible eventuality.
M. Marie, Minister of Public Works, commenced by
alluding to the commercial crisis which weighed on
France when the revolution burst forth. A factitious
system of riches had been established some time previ-
ously, and when the folly of the many schemes which
had been brought forward was made manifest, a
severe reaction succeeded, and great want was
the consequence. The revolution found the work-
ing classes in great distress, and the Provisional Go-
vernment found it necessary to afford employment
to a considerable number. He then explained the
nature of the national workshops ; referred to the im-
pulse which he said had been given to public works in
every part of France. Alluding to the railway question,
the Honourable Member spoke of its great importance,
and, after declaring that the works had not been for a
moment interrupted, did nothing more, otherwise, than
to recommend the Assembly to consider the question
most maturely.
M. de Lamartine, Minister of Foreign Affairs, then
ascended the tribune amidst general marks of interest.
There were, he said, two parties in presence after the
late revolution—those who thought war the necessary
concomitant of a republic, and those who
.looked
for liberty, peace, and prosperity, as perfectly
possible. For his part, he belonged to the latter
class, and though war might become indispensable,
though France might be forced to have recourse to
arms, yet he thought peace ought to /be aimed at
constantly. The whole policy of the foreign depart-
ment of France, since he had taken its direction, might
be comprised in two words—armed diplomacy. The
people, it appeared to him, had willed by the revolution
three things—a republic; democratic progress, clearly
avowed; and peace, if possible, accompanied by prospe-
iity and plenty. The.lionourable Deputy then said that
he should endeavour to show that the system which he
had adopted was perfectly suited to the present position
of affairs. He thought that in doing so the National
Assembly would not think it necessary for him to read a
sketch which he had prepared of the state of Europe
after 1815.—(Cries of "No, no.") lie should then
proceed to remark on the position of France, as to her
foreign policy after the revolution of July. In place of
standing forth amongst the nations of Europe in her
strength, she had stood apart in a state of isolation and
subalternity. There were two courses, which might have
been adopted after that event—either to declare war on
Europe, or to adopt a system of peace, founded on the
fraternity of nations. The Government which existed
after the revolution of July did neither, and in conse-1
quence it had reduced France to a state of deep humi-
liation. The Hon. Member then proceeded to give a
sketch of the events in Europe since the revolution of
prove that the several nations
were ted with the same democratic feeling as
Feb.2a4c,tuwaith a view to
France, and that consequently there was no chance of
any power attacking France. He alluded to the events
in Austria, Prussia, Sicily, and Italy; spoke of Swit-
zerland, Russia, and the various parts of Germany; in
fact went through the whole of Europe, and drew the
conclusion that France might remain as she was, at
' peace, but prepared for all events. Prussia and Austria
could nut act, he remarked, against the will of their
people. Switzerland, Italy, Sicily, and the smaller
German states, were of the same opinion as France,
and sympathised with her most heartily. England
could not suspect France of any desire of meddling
in Spain. Russia had Poland to look to. Whence, then,
had France to dread attack?—(Loud cheers.) Formerly,
France, with her 36 millions, was isolated; now she
stood in the closest bonds of fraternity with the greatest
part of the nations of Europe, and far from fearing war
from them, could look to them for aid. Under the late
Government all was confusion, now all was the verity of
democratic principles. The Hon. Minister concluded
by expressing a firm belief that France, though fully
prepared for war, if, unfortunately, that course should
be called for, would be able to remain at peace with the
whole world, and carry out the views of democratic
progress which ought to be the principal characteristic
of a republic.—(Loud cheers.)
The President had to inform the Assembly that he
had received a letter from M. Beranger, sending in his
resignation.—(Loud marks of disapprobation.) The
lion. President here read the letter which expressed the
warmest sentiments of gratitude on the part of M. Be
ranger for the honour done him by assigning him a place
in the National Assembly. Ills age and literary habits
rendered legislative labours irksome to him, and, unwil-
lingly, he was obliged to retire into private life. He
had, before his return, expressed his unfitness to sit in
the National Assembly; still his fellow-citizens had
thought fit to elect him. They must not be surprised at
his now withdrawing.
A curious scene here occurred, a great number of
Members exclaiming loudly against the poet's resigna-
tion. The opposition was so marked, that at last the
President was obliged to put the question to the vote.
On a show of hands, however, the majority decided that
the resignation should be accepted.
A new Member then ascended the tribune, and pro-
posed that the report of the Hon. Minister of Foreign
Affairs should be printed and sent to the departments, as
well as to the various foreign Courts.—(Great applause).
M. de Lamartine said that he should be sorry that
any innovation should be effected in order to pay a com-
pliment to him. The document would of course be sent
to the representatives of the foreign powers, but for the
departments the Assembly must decide as it pleased.
M. Dormes said that he had to propose to the National
Assembly a proposition which would be found in perfect
conformity with the sentiments expressed towards the
Provisional Government. It was, first, that the Mem.
bers of the Provisional Government had merited well of
their country—(Great cheering)—and next that an Exe-
cutive Committee be appointed, consisting of five Mem-
bers, whose names were the following—(The loudest
disapprobation here burst out from the benches of the
Moderate party, and every time the Hon. Member at-
tempted to read the names fresh interruption prevented
him; cries of "It is a surprise," " You have given no
notice," burst out from several benches).
M. Dupont (de l'Eure) rose and said, that it was not
right to bring forward names in that way; it was to con-
promise the proper course of proceeding, :and place the
Members named in a false position.—(Hear, hear.)
Great tumult having arisen, the President suddenly
put on his hat, which was to signify that the sitting was
suspended for half an hour, This would give Honour-
able Members au opportunity of coming to some under
standing.
During this cessation of the proceedings, it was stated
that the proposition had been agreed to in the morning
at a meeting of the ultra-Republicans. The proposition
was brought forward by MM. Dormes, Trelat, and Jean
Renaud, and the five names intended to be brought for-
ward were MM. Lamartine, Arago, Ledru Rollin, Gar-
nier Pages, and Marie.
When the public sitting was resumed,
Mr. Dormes said that he should maintain the part of
his proposition referring to the vote of thanks to the
Provisional Government, and to the appointment of an
executive committee, with power to appoint responsible
Ministers, but he should omit the names.—(" Ah, ah,"
and approbation.) The Honourable Member then read
the proposition to that effect.
Another Member said that he should propose as an
amendment, that the proposition should be submitted
in the usual way to the bureaux, and considered with
care.
A third Member said that he could comprehend the
necessity of submitting the second part of the proposi-
tion to the consideration of the bureaux, but for the
first part he did not see that anything more was neces•
sary than to submit at once to the Assembly the question
that the members of the Provisional Government had
merited well of their country. Surely the Assembly
could nut have a doubt about that point ; it would be
carried with acclamation.—(Loud cheers.)
M. Barbes rushed up the tribune and cried out that
he could not coincide in that opinion.—(Oh, oh.) Before
the Assembly passed any such vote, he must call on
them, in the name of the people, to demand an account of
several matters committed by the Government against
the population. Let them call for an account of the
massacres at Rouen.—(Loud disapprobation, which ren-
dered the Hon. Member's voice inaudible.) Let them
demand an account of the position in which France had
been placed with respect to Europe.—(Another burst
of the loudest disapprobation, during which the speaker's
voice was completely drowned.)
M. Renaud, the Government Commissioner at Rouen,
replied with great energy to M. Barbes, declaring that
he had long expected to hear that attack, which had
previously been employed in other places—in the clubs,
where the people, so easily excited, were the audience.
After speaking in strong language against the attempts
thus made to sow dissension, he gave a long account
of what had really taken place at Rouen, with a view to
show that the people bad been misled, and that the Go-
vernment authorities had been absolutely obliged to tie

as they had done.
M. Barbes then proposed an enquete in the affair of
Rouen.
A Member expressed his surprise at such huckstering
in giving a vote of thanks to the Provisional Govern-
ment, atter its having, for upwards of two mouths, so
nobly protected the country from anarchy, and perhaps
civil war.—(Loud cheers.)
After some indignant words from M. Cremisux, in
defence of the Government, the question was put—
" That the Provisional Government has well merited
from the country;" when the question being put, the
immense majority declared in the aff'irmativ'e, only two
persons (Barbes and Durricu) having the courage to
stand up against it.
BOURSE—PA./LIS, MONDAY, MAY 8.
THREE O'CLOCK.—The Bourse was very calm to-day,
but very little was done. There was an evident reluc-
tance to enter into new transactions until the new Go
vernment was formed. Towards the latter part of the
day there was a slight decline on the opening prices.
The Bons du Tresor are at 31 discount.