The Sun.
London, England, 1851-06-16 00:00:00

TO THE PROPRIETORS OF EAST INDIA STOCK.
r Ladies and Gentlemen.
NOTWITHSTANDING the accession of
strength which I received by the election of Mr. Dent to a
seat in the direction of yoer affairs, my position has been so far
affected by the withdrawal of Mr. Majoribanks in favour of Mr.
Astell as to make my success on the present vacancy very doubtful
,--under these circumstances 1 placed myself in the hands of
my friends, and they have decided that I should not oppose
Mr. Astell, on the vacancy occasioned by the lamented death of Mr.
Tucker. I have the more readily acceded to this recommendation,
becansemy position is such as to give me the most confident assurance
of success on the next vacancy, whenever it may occur, and I conse-
quently feel disinclined to occasion unnecessary trouble to the Pro-
prietary. I have, therefore, the honour to announce, that it is not
my intention to proceed to the ballot upon the present occasion; but
I shall most certainly do so on the next vacancy. I beg to tender
my most grateful thanks to my valued friends and supporters
for their unwearied exertions on my behalf, and earnestly
soliciting the continuance of their support and that of those
Proprietors who have not yet favoured me with the promise of their
Votes,

I have the honour to be,

Ladies and Gentlemen,
Your obedient humble Servant,
JOHN CARNAC MORRIS,
Committee Room, 136, Leadenhall-street, June 16, 1851.

delay.

:ING,

not by the judges of the superior courts of common
law.

THE FRENCH REPUBLIC.

The facts of the case were very simple. The de-
fendant having obtained a County Court judgment
against the plaintiff, took out a summons to enforce it
against his person. On the hearing the plaintiff re-
lied on his discharge by the Court for the relief of in-
solvent debtors under the several statutes in such
cases raade and provided, and that the said judgment
debt had been duly inserted in his schedule, and full
notice given to the creditor of his intended application.
The judge of the County Court, however, overruled
the defence ; an order was accordingly made, and a
warrant issued, under which the plaintiff was arrested
and imprisoned, and for that injury he brought his
action for false imprisonment against the former
plaintiff. On the trial a verdict was returned in his
favour, leave being reserved to move to enter a non-
suit, or for a new trial. The matter was subsequently
argued on both sides, the real question being as to the
effect of a discharge by the Insolvent Court from
County Court judgments.
Judgment was delivered on Friday, as we
have already stated, the practical effect of
which is that a discretion is vested in the County
Court judge, who has jurisdiction to commit in such
cases, notwithstanding a discharge by the Court for
the Relief of Insolvent Debtors, which, so far as judg-
ments of these recently constituted tribunals are
concerned, becomes of no practical utility. It cer-
tainly seems strange that the Commissioners of,these
latter courts should have authority to grant protec-
tion to parties who surrendered all their property to
be administered for the general benefit of their cre-
ditors against the judgments, decrees, and orders, of
the superior courts of law and equity, and not
against those of inferior tribunals. The creditor can
come in to make his complaint in one case as well as
in the other, and if he can show any misconduct on
the part of the debtor, or establish a well-founded
complaint, the petitioner will be punished either by
a prolonged remand, or by the dismissal of his peti-
tion. Having thus satiated his vengeance, the
County Court creditor could, however, take further
proceedings, and bring the unfortunate debtor again
and again before the County Court judge, obtaining
repeated orders for his incarceration, unless be did
that which would be considered a fraudulent prefe-
rence if committed before his insolvency, justly sub-
jecting him to a prolonged imprisonment. As Lord
CAMPBELL justly remarked, " It certainly did seem
to be manifestly unjust to commit, for the non-
payment of a particular creditor, a man whose whole
property had been given up for the satisfaction of the
debts of the whole of his creditors, and that a county
court should have the power to commit a man for no
paying such debt, who has been adjudged by the In.
solvent Court to be discharged from that debt.'
The Noble and Learned Lord added, " that ab

surdity was not diminished by the transfer of the
business of the Insolvency Commissioners to the
judges of the County Courts." He was, however,
coerced by the plain and unambiguous words of the
statute, and reluctantly compelled to decide against
the equities of the case.
We trust that this anomalous state of affairs, con-
trary to the intention of the Legislature and the spirit
of th law, Rill be speedily changed. None can con-
tend that a poor man, all whose liabilities must ne-

cessarily be within the jurisdiction of the county
courts, should be subjected to the unceasing persecu-
tion of vindictive creditors after he has denuded him-
self of all his possessions, and started afresh on the
" battle of life" without means or resources save his

own exertions, while the man whose position enabled
him to obtain more extensive credit, and whose debts
were a hundredfold those of his less fortunate neigh-
bour, should be exempted from all annoyance. It
certainly does establish the fact that there now is

" one law for the rich and another for the poor"—a

reproach which it is the duty of the Legislature to

remove from the nation without any unnecessary

It may be asserted, that as the point is left to the
discretion of the judge, no great mischief can arise;

but, although we believe that discretion would be

wisely and judiciously exercised in the great ma-
jority, there may, and have been instances to the con-
trary, and great hardships may be inflicted if even

the present session be suffered to elapse without an
adequate remedy being provided fur the unquestion-
able grievance.

THE GREAT CHESS TOURNAMENT.
Since our last notice of these interesting matches, the second
series of games has terminated by Mr. Staunton's placing Herr
Horwitz hors de combat, the result of their play being that Mr.
Staunton won four games, Herr Horwitz two, and one finely
contested game was drawn. The four hitherto successful
players have again drawn lots for their antagonists, and Mr.
Staunton has now to contend against Herr Anderssen, a dis-
tinguished player of Berlin. The interest of the play in-
creases as the tournament draws nearer to its conclusion.
Mr. Staunton has to defend, against no ignoble rival, his
well-earned reputation ; while the play between Mr. Wyvill
and Mr. Williams will be watched with the more interest
front their previous success against good players. Mr. Wil-
liams has already commenced the third series by winning
one game of Mr. Wyvill. Messrs. Anderssen and Staunton
are to commence their contest to-day.

SPAIN.

Madrid journals of the 10th have been received.
The Marquis of MIRAFLORES, the Minister for
Foreign Affairs, was questioned in the Senate
as to
theintentions of Spain with regard to intervening in
the affairs of Portugal. In reply, the Minister stated
that he respected in the highest degree the indepen-
dence of other nations. He added, that the single
exception would be that of Queen ISABELLA.'B Go-
vernment beholding Queen DONNA MAEIA's throne in
danger ; but that event had not happened, and at that
moment nothing serious need be apprehended. The
Duke of SALDANBA had hastened to assure the re-
presentatives of France, of England, and of Spain
that as long as he should be honoured with the confi-
dence of the QUEEN, there was nothing to be feared
for the safety of the throne of DONNA MARIA. Up
to this period the representatives of the three powers
at Lisbon had limited themselves to giving to Marshal
SALDANIIA and the Portugues Government wise and
salutary counsels touching the preservation of the
throne. If, however—which GOD forbid—the crown
of Queen DONNA MARIA should one day be placed in
peril, and the intervention of Spain become necessary,
that ntervention should not take place without a
previous understanding between Spain and the other
powers who were parties to the treaty of quadruple
alliance.

MADRID BOLSA, JUNE 10.—Three per Cents.,
36 11-16; Five per Cents., 161. Exchange on
London, 50 95 money.

PORT UGAL.

Accounts have been received from Lisbon to the
9th. The country was everywhere tranquil, and the

attempt at a THOMAR demonstration at Evoras had
completely failed.
A notice has been issued by the Director-General
of the Customs to the effect that the new fixed light
on Cape St. Mary (coast of iAlgarve) will begin to
be shown on the right of the 24th inst.

We have received the Paris journals of Saturday
and of yesterday.
The discussion on the third reading of the National
Guard Bill was resumed on Friday, and in the
course of it General BARAGUAY D'IIILLIERS, to
whose refusal to act under the orders of General CA- GERMANY.
VAIGNAC in June, 184 i, allusion had been made on The Paris :ournal des Debats says :—" It is post
Thursday, thus explained the incident. After de-
tively affirmed that fresh disturbances have taken
Glaring that he repudiated the doctrine that a soldier Place at Hanburgh, and that the Austrians were not
had a right to refuse under certain circumstances to able to put it down but by the use of the most ener-
obey the command of his superior, getic mean."
General BARAGUAY D'HILLIERS said that as to A letter from Cologne of the 11th, in the Frank-
the particular circumstance alluded to he begged to furter Journal, says :—" Prince and Princess DE
remind the Assembly that he was at the time a re-
METTERIICU arrived here last evening by the Brussels
presentative of the people sitting in opposition to the Railway and immediately set forward for Johannis-
Government of the day, and as such was fully war-
berg. fhe reception given to the Prince at the
ranted in declining to accept an invitation—for it was statior was anything but flattering, and even some
an invitation and not an order, from the Hon. Ge-
hisses were heard."
neral Cavan:mac. Previously to that period he had Le Universal German Gazette states that a Bill
been honoured with the defence of the Assembly, is bbe almost immediately brought forward in the
and had it been attacked he would not surely have Girtnanic Diet for the formation of a corps d'armie
C acted as Colonel HARRAS had done on the of not less than 125,000 men on the banks of the
15th of May, when, instead of repelling the 3. bine. The principal object of establishing this
rioters, he went off to the Luxembourg to
Jody of men in the position just mentioned is to pro-
look for instructions. On the 23d of June he ten- tect Germany against all eventualities of affairs in
dered his resignation, because he did not approve of France.
seeing 17 battalions around the Assembly for no use. A letter from Berlin, of the Bth, in the Journal des
ful purpose. It was at six o'clock, on the evening (f Debats, says—" The celebrated group in bronze of
the 24th, that the invitation to take the cornmeal, M. Kiss, representing an Amazon fighting with a
vacant by the death of General NEGRIER, had ben lion, has just been purchased by the Prince of Pays-
offered him; but the insurrection was then virtudly ma, who intends it as a present to the Queen of ENG-
at an end, and he did not wish to go into the ield LAND. The model in Zinc of the same work, which
af;.er the victory. In conclusion, he would again figures in the Exhibition in London, has been pur-
protest against the monstrous doctrines concerning chased by an American for 2,5001. (62,500 f.). M.
military obedience which had been put forth it that Kiss has received orders for two other models of the
tribune. same work in zinc, also for amateurs in the United
General CAVAIGNAC then spoke as follows :—Since States."
my name has been mixed up in this discussion, I de- The Spener Gazette contains a letter from Vienna
sire to re-establish the facts in their real situation. I of the 9th, which states that the conferences of the
was Minister of War on June 23, when the incident Sovereigns at Olmutz are to be resumed in the month
occurred to which allusion has just been male. Then, of August next.l The number of telegraphic dis-
etches sent from that place to Vienna, Prague,
as now, I fully admitted the distinction which the 13
Honourable General who spoke last ha male between Berlin, and Warsaw, during the late conferences, was s
the military man and the representative. I did not 1,643.
send him any order to take a command; I saw that
as representative he had a right to refine or accept,
as he thought fit, and I in consequence only gave
him an invitation to the effect that the vacant com-
mand was at his service, and that I should be well
pleased to see him take it. I did not do that through
a third party, but in person in the cabinet of the
President of the Assembly. Had he not been a re-
presentative of the people, my course would have been
different, as then I should have sent him an order to
act as I desired. I consider that he was fully autho •
rised to refuse, and 1 admit the more readily the lati-
tude which he claims for the military man who is a
representative, that I can very well picture to myself
situations in which I should also refuse to afford my
co-operation.—(Hear.)
General CHANGARNIER—I can well conceive that
the Assembly is not anxious to prolong this afflicting
discussion, and I consequently do not intend to
occupy it for any length of time. M. CIIARRAS yes-
terday, whilst supporting the strange doctrines which
were brought forward, mentioned my name. I wish
to disengage that name from everything that can
in the remotest degree seem to connect it wi'
such doctrines, and my task is facilitated by the nes
ture of the opinions set forth. Some short time back,
in this tribune, I said that nothing could force the
army to march against the National Assembly, and
the Hon. Gentleman who spoke of me appears to
have drawn from that assertion the conclusion that
the army would refuse to march when ordered—
that it would, in fact, consult on the orders given.
Well, then, I affirm that such a doctrine is nothing
else than ridiculous.—(Loud cheers.) With such
doctrines all discipline would be at an end, and I say
further that every act of my life is opposed to such
ideas ; that not a word of mine, spoken or written,
ever in the remotest degree sanctioned such detestable
doctrines.--(Loud cheers.) The interpretation, there-
fore, which rd. CHARRAS has given to some words
which fell from me is absolutely erroneous, and I
stand here to protest against it.—(Renewed cheers on
the Right; great agitation on the Left, accompanied
with exclamations.)
On the demand of General LAMORICIERE the inci-
dent was declared closed, the debate on the Bill was
resumed, and that Bill was read a third time by a
large majority.
We find the following in the Journal des Dibats :
—" It is affirmed that General AUPICK, who had
been intended as Ambassador to London, has just
been appointed to Madrid. He will be replaced in
the post at London by Count COLONNA WALEWSKI,
lately appointed Ambassador to Madrid, and who was
previously French Minister at the Court of Naples.
The National publishes a protest signed by M. C.
LEssEPS and several other persons now confined in
the prison of Agen, charged with being concerned in
the Lyons conspiracy. They complain bitterly of
the treatment they have undergone in being dragged
from prison to prison for eight months, while scarcely
the shadow of a charge, they affirm, can be brought
against them, except that they are republicans. They
ask for immediate trial, which they assert will fully
establish their innocence.
M. DUMAS, late Minister of Commerce, has just
' left Paris for London.
The Committee of Revision sat on Saturday, and
in the course of the discussion M. I3ERRYER declared
that his main object in desiring a total revision was
to prevent the re-election of LOUIS NAPOLEON.
M. DE TOMEYILLE thought the country ought to
be allowed the full exercise of its judgment by an un-
qualified election of a President by universal suffrage.
General CAVAIGNAC declared that he would hear of
no revision until the stability of the Republic was
put beyond question. Let the partizans of monarchy
renounce their projects, and rally to the Republic,
and he would then consent to a revision of the Con-
stitution, which he acknowledged to be defective.
M. FORCADH replies in the lilessager to M. CAR..
LIER'S letter, accusing him of abuse of confidence in
publishing the notes which were intrusted to him in
confidence for the purpose of drawing up a report.
M. FORCADE says that he has never seen M. CAR-
LIER but twice in his life ; once, after several invita-
tions sent him at the Prefecture of Police, in com-
pany with MM. SOLAR and AUBERTIN, friends of
his connected with the press; and the second
time, after M. FORCADE had left the Patric, also
at the Prefecture, when the Prefect requested
him to draw up the report on the notes lately
made public. M. FORCADE did not draw it up
because he perceived, he says, a marked change
in the Prefect's policy, as proved by his conduct rela-
tive to the reviews of Satory, the tolerance of the
Society of the Dix Decembre, and the part
taken by that functionary in the affair
of ALLAIS against the Assembly. He kept
the papers by him for eight months 'without
ever making them known, but " I esteemed myself
fortunate," says M. FoacaDE, " in possessing under
your hand a powerful proof of the practices and
dangers of Bonapartism." He only at length made
the documents public when charged with having
thrown on the Government a suspicion which he
knew to be false. " You ask me," continues M.
FORCADE, "by what right I made use of your manu-
script ? It is, Monsieur, by the right of my con-
science, enlightened by the revelations which you have
afforded me, and by the right of my honour attacked
by a policy which you caused me to suspect. If one
of us can talk of breach of confidence, I safely put this
question to public opinion. Is it not he, who, if the
facts put forth in your memoir be false, as you en-
deavour to show in your letter, would have been
which
hot
only the victim, but the dupe of the confidence
he had placed in you ? Is it not I?"
Although there was not much business transacted at the
Bourse on Saturday, prices were remarkably firm. The
Fire per Cents. opened at 92f. 20c., and closed t 921 45c.;
the Three per Cents. closed at 55f. 55c.;
n7sc;
Shares, 8301.; Rouen, 642 f. 50c.; Havre, Orleans Railroad
248 f . Great
Northern, 478 f. 75e.; Avignon, 222 f. 50c.; Vierzon,
461 f. 250.; Basle, 151 f. 25c.; Bordeaux, 398 f. 75c.;
Paris and Strasburg, 3701.; Tours and Nantes, 275 f.
BUSINESS DONE 1N FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, JUNE 14.
Luxembourg, 2%—Northern of France, 15% Yarirand
Rouen, 25:1,4—Paris and Strasburg, 105 .—Sambre -and
Meuse, 3V—Tours and Nantes, 6% ex div.

BELGIUM.
BRUSSELS, JUNE 14 —The Jlloniteur publishes the
royal decree, appointing Lieutenant-General ANour,
Minister of War. This post has been filled ad interim
by the Minister of the Home Department, since the
unfortunate collision which led to the compulsory re-
tirement of the late Minister of 'War. The Com-
mittee appointed by the Government and Chamber to
inquire into the state and requirements of the army
has nearly terminated its arduous duties.