The Sun.
London, England, 1866-05-11 00:00:00

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LONDON, FRIDAY, MAY 11, 1866.

bankruptcy laws in general. The committee recom-
mended its abolition, a recommendation which the
Attorney-General heartly concurred in. He should
have been glad, he said, to have found a general
concurrence of opinion on this subject, but he
found to his regret that a considerable portion of
the mercantile community still cling to the last
fragments of the old and barbarous law. The
gain, however, to the creditor, if gain there is,
is neutralised by the debtor's power to
make himself bankrupt, and the evidence of
Mr. Commissioner HOLYROYD before the Com-
mittee showed that the consequence of the
retention of imprisonment for debt on final process
had been to multiply petitions for adjudication in
bankruptcy in cases where there were no assets.
By the Government bill imprisonment for debt is
to be abolished altogether ; at the same time it is
provided that no debter shall be permitted voluntarily
to make himself a bankrupt. Some gentlemen,

Mr. MOFFATT among them, hold that there should
be no discharge at all in bankruptcy ; but Sir R.
PALMER, with great good sense and justice, showed

such reasoning was unfair and impolitic. The whole
of the Attorney-General's speech showed not only
that he was fully conversant with his subject,
but that he was prepared to deal with it in a tem-

perate and enlightened spirit, weighing the claims
of debtor and creditor with true judicial impar-

tiality, and anxious to legislate in accordance with
those principles of equity and sound commercial

morality which are the mainsprings of an English
trade. The Government Bill has, no doubt, its de-
fects and shortcomings, which may be considerably

amended in its progress through committee, but it
- -

is at least a step forward, and will, we hope, inaugu-

rate an entire reformation of the system.

The Constitutionnel has published an article on
the Treaties of 1815, in which it contradicts the
assertion of M. DE GIRARDII,T, that " the speech at
Auxerre will resound in Europe like a cannon shot."
It is true, as here stated, that the EMPEROR'S opinion
about the Treaties has long been well known ; that,
notwithstanding this, any reference to them in a
deprecatory manner by one in the position of Louis
NAPOLEON was certain to cause anxiety and give rise
to speculation. There is more reason in the next
argument of the Constitutionnel, to the effect that
the Auxerre speech did not point to the encourage-
ment of the BISMARCK policy. France could gain
nothing by the triumph of the Berlin Government
in securing to themselves the authority in Germany
and the possession of the Elbe Duchies. Another
reason, only it is unlikely that the EMPEROR should
favour their interests, is that the Prussian policy has
been most distasteful to France for some time
nAstt_ Thi sympaithiPs of the
French 'rum,o ca.tvan gl g
enlisted on the side of Denmark, and no opportu-
nity was lost for expressing their opinion at the
outrageous conduct of Prussia. The Vienna papers
put forth a statement to the effectthat negociations
have been entered into between Austria and France,
which will entirely change the present aspect of pub-
lic affairs, as the consequence will be that Austria
will be relieved from the heavy burden of
carrying on a war in the north and south at once.
If this report should prove to be correct, Prussia
will be placed in a very awkward position, and find
it a difficult task to carry on hostilities. Af-
ffairs have progressed so rapidly in military
manceuvres that the question asked is not whe-
ther
there will be war, but when it will take
place. Austria is steadily.;pursuing her course,
and nurturing her plans, and in all directions the
conscription is going on through her dominions. It
is said that the Imperial Government have resolved
upon convening the Holstein Diet, in case of
Prussia finally refusing their proposal as to the set-
tlement of the Duchies. The Provincial Diets of
the Empire are also likely soon to be concerned.
The semi-official Austrian press affirm that the
celebrated Auxerre speech was directed against
Prussia in connection with the protest against the
Treaties of 1815, and that all the relations between
France and Austria are of the most satisfactory
kind. This opinion coincides with that expressed
by the Constitutionnel, and also tallies with the
assertion of an understanding being arrived at be-
tween Austria and France. It is again rumoured
that the Ambassadors of Austria and Prussia will
be removed from the respective capitals, and the
repetition' of this announcement looks ominous.
We should not be at all surprised if these
representatives were speedily recalled, for many
signs of approaching hostilities, and the conduct of
Italy alone, is sufficient to stir up tumults. The
Italians are burning for war, without any very ap-
parent cause, it is true, but not the less are they
eager and impetuous for the contest. The conse-
quences will be very disastrous in the long run, and
already the work of conscription, so extensively
carried on, is exhausting the resources of the king-
dom with respect to labour.

The Bill which the Attorney-General brought
under the notice of the House of Commons last
evening deals with a matter of considerable impor-
tance. It has long been generally admitted that
our Bankruptcy administration required a thorough
reorganisation and amendment. The cumbrous and
costly machinery by which it has been maintained has
failed to work efficiently ; and while sinecures have
abounded neither the interests of the debtor nor of
the creditor
torney , Bill have been properly cared for. The At-
-Geller '' •
right al is certainly one step in the
direction, b
enough ; it is
an
it does not go far
a partial on, ; itl,' improvement, but only
professes, indeed, to re-
duce judicial interfere
• a weep away the official as: t? a minimum, and to
iguees, messengers, ushers,
and all their train, but it leaNe, the Registrarship
untouched, and thus Registrarship
th
tiencnnnanincietteoef
the
who moved
well-salaried sinecures. :Sir. Ila.r
that the bill be referred to
strongly expressed his regret at the teuder manner e,
which it dealt with the present official machinery,latte in
and its failure to carry out the whole of thee
endations of the committee. They r ee4)rn-
m rnmended
an entire abolition of the whole system of bank-
ruptcy ; ,4 and if," added Mr. MOrFATT, " there
were
one thing more clear than another, it
was that the existing system had excited the
contempt and disgust of the mercantile community
by the delay, uncertainty, and malversation which
pervaded the proceedings in bankruptcy." The
committee recommended the abolition of the
existing y-stern and the adoption of the Scotch
system, with a single Court_of, appeal, pre-

Vienna is not behind hand in excitement, and the
feeling in favour of war is testified by the cir-
cumstance that a committee of merchants
intend to place a large sum of money
in the hands of the Government in the
event of war breaking out. Nothing is more
significant of the future course of Prussia than her
dealings with the Federal Diet. The latest news
is that she has made known to them that she will
consider the " imperative requirements of her self-
preservation" more important than her relations
with the Confederation ; and furthermore insults
ethnedmanbgyersayingits
s that they oppose Federal laws, and
members instead of securing their posi-
tion. We never expected that much heed would
be paid to the
the self-willed statesman
remonstrancweshoof
ptuhr
se
uDe
ai e t
hbiye
infatuated course at Berlin ; butki
oppeernl7 sfew
thought it likely that he woninsult
an institution of national importance. We
must admit that there is no subterfuge in the pre-
sent policy of Herr BISMARK. His acts speak as
plainly as they can, and make manifest to all that
the course of the King's Government is fixed, and
that no considerations of honour, no inducements
of reason, and no respect for popular opinion will
suffice to stay them in the
signs. The demeanour
execution of their de-
of the Midile States of
Germany is another infallible test o' the warlike
tendency of affairs, All these . 'ar e
• MLciPalities are

.--.....-------.....e.....a,.........,..-----..a50N0.--''
sided over by a Chief Judge, assisted by arming, and that with a determination and energy
which show they are in earnest, and consider their
one or two registrars. But the present measure
goes very far beyond such rigid simplicity.
It re- ,nositi, pn to be precarious. We find that the reign-
tains a formidable array of officials, including the img Sovereigns of Wurtemburg, Hesse Darmstadt,
ushers, whose fees make their salaries amount to Na 2 sau, and Baden, with Plenipotentiaries from
£BOO or £9OO a year. The evidence before the corn- five : other German States, held a conference on the
mittee was unfavourable to several of the commis- 8t a instant, for the purpose of deciding upon the
sioners, and this Mr. MoFFxrr cited among his ci, ancentration of their respective contingents, and
reasons for referring the bill to a select committee, .settling upon the strategic positions that it will be
a motion which be afterwards withdrew on the most desirable for them to take up. The Bava-
nAt the same time, although several rian Diet is to be convoked, in order that it
heocno.d n a
found some fault with parti- may vote a credit for extraordinary mili-
sireednabineg.
members
cuiar clauses, and although, .as we have said, it tary expenses, and nearly all the men
does not go far enough, it received on the whole eligible for military service have been called
a fair amount of support. It will, no doubt, be out. No one who is at all versed in military
possible to improve it considerably in committee, affairs can deny that there is every reason for fear
and it will at all events abolish a great grievance' on the part of these States. Neither of the two
imprisonment for debt. On this point the great German Powers is at all likely to respect them,
Attorney-General spoke strongly, and he and the notion of neutrality we know was corn-
showed at some length the evil influence pletely ignored by Prussia at the commencement of
• which the law of improvement had e •
xercised on the the disunions which have led to these unfortunate

results. Austria has put herself so forward
in her military preparations that it seems she
entertains no doubt of a satisfactory settle-
ment of affairs. The rumour now afloat that
Austria will consent to give up Venice shows the
peculiar state of things. If it should turn out true,
it would be far the best thing that Austria has done
for years, and could not fail to strengthen her
Government considerably. Altogether the aspect of
things abroad is sufficiently alarming, and it is no
exaggeration to say that those concerned in the
struggle, both directly and indirectly, are now so
well prepared that at any moment war may be de-
clared. Indeed the excitement has become so great
in various directions that nothing short of open
hostilities will satisfy the expectations of some or
allaying the irritation of others ; besides so many
ambitions projects are depending for realisation on
the chances of war.

It is unfortunately proverbial that a debate on
Indian affairs speedily empties the House, and cer-
tainly Mr. S3IOLLETT'S experience last evening does
not tend to contradict the theory. :Yet the question
which he brought under notice was one of no slight
importance, and one which not only affects our
Anglo-Indian subjects, but our own commercial
classes as well. The cotton supply is not happily
so momentous a question at the present moment as
it was a few years back, but it is still a matter of
much consequence, and therefore Mr. SmoLLETr's
motion in reference to the effect of the present con-
dition of land tenure in Bombay and Madras on the
supply of cotton might well have been expected to ex-
cite a little more interest. Mr. S3IOLLETT objected
very strongly to the existing system, and declared
that by it the peasantry, on whom the production of
cotton depended, were reduced to the condition of
serfs. The chief point of which Mr. S3IOLLETT
complains is the great subdivision of the soil in the
south and west of India ; yet Mr. STANSFELD, in
his reply, showed that there is a good deal to be
said in its favour. In some degree the change
which Mr. SMOLLETT wishes to introduce will be
brought about by the permanent settlement system,
which will tend to accumulate the holdings in
fewer hands. Mr. SmoLLETT in his speech failed
to do justice to the great benefit which all
classes in India are likely to derive from the pub-
lic works now being carried on—the road-making,
the construction of canals, the extension of the sys-
tem of irrigation, &c. The poorer classes will profit
by these undertakings as well as those above them,
since the improvement of the soil must tend to
enrich the cultivator as well as the owner. We
cannot legislate for India piecemeal, and it
would be very imprudent to attempt a sudden
and violent change in a system which on the
whole -works well, and to which the people have
become accustomed. The concentration system
advocated by Mr. SMOLLETT would give rise to a
great deal of injustice towards many of those small
occupiers of whose number he complains, and would
lead to litigation, of which Indians are already too
fond. Mr. SMOLLETT was apparently satisfied with
the opportunity of stating his case, for he subse-
quently withdrew his motion, without having by
any means established the necessity or advisability
for the comprehensive change which he recommends.

CORRESPONDENCE FROM PARIS.

(FROM OUR OWN CORRESPONDENT.)

PARIS, Thursday Evening.

The illoniteur does not contain a word of news
respecting Germany, but it publishes a private letter
from I lorence, dated May 6, which gives some par-
ticulars of interest relative to Italy. The letter,
evidently from a writer of influence, states that
most of the Italian cities present a scene of move-
ment and agitation which recalls to recollection the
aspect they exhibited in 1859 and 1860. The an-
nouncement of an approaching war, uncertain as
the event may be, has excited the national mind.
In the southern provinces, at Naples and at Palermo,
the troops who march towards the frontier of the
ex Thehi
bfietesl iintsge
lifnntehvee
rnt
ho re
ltehs, s abl
yt htohtei
north are greeted with enthusiastic acclamations.
oh
nr ee et sot
fr ami naendy,
gehurmo
volunteers. Turin and Milan appear to be the
cities which have furnished the greatest numbers.
The Government, on its part, takes very active
measures, and sends in mass towards the Po the
greater portion of the military forces, divided into
four corps d'arinC,.e, whose head-quarters will be
established at Plaisance, Lodi, Cremona, and
Bologna. The two Parliamentary Chambers have
relieved the Government from the administrative
or financial difficulties with which it might meet in
accomplishing a national task, by authorising it,
unanimously (with one exception in each Chamber),
to provide for the necessities of the situation by a
simple decree. The most important exceptional
measures which these necessities have up to this
time required are the forced circulation of
the notes of the National Bank and the loan
of 250 millions, which the Bank in return consents,
to grant to the Government at one and a half per
cent. A corps of volunteers is to be raised. In
spite of these warlike measures, it is still affirmed
that diplomacy will prevail with the Court at Vienna,
and that by a Congress, or some other means, war
will be averted. All the armaments and military
precautions have not yet led to any act of provoca-
tion on either side. Austria, after having strongly
fortified all her military positions, seems to assume
an expectant attitude. As to Italy, she feels too
strongly the responsibility she would incur were she
to take the initiative in any act of aggression, to
commit any act of imprudence. The declarations
of M. Rouher, in the name of the French Govern-
ment
in the Legislative Body, will contribute to calm
feverish impatience. The statesmen of Italy, and
the great mass of the Italian people, however, rely
more upon themselves than upon such declarations.
The gravity of the position is not to be concealed,
but, nevertheless, it is not so threatening as most of
the foreign journals represent it to be, and it may
be considered that all fears of an outbreak of hosti-
lities between Italy and Austria are suspended for
an indefinite time, unless the firing should com-
mence on the side of Germany.
In spite of the answer of Mr. Layard in the
House of Commons, some of the Paris papers still
cling to the idea that there will be a Congress to
discuss the differences between Austria and Prussia.
The Siecle says :—" The report of a Congress has
had extensive circulation for a week past. On the
sth of May the Cologne Gazette said that the idea of
a general European Congress was believed in the
d
best-informed circles, an that England and Russia
of carrying it into effect,
were earnestly desirous
and that the proposition had not been badly re-
"un of the $1412* day
ceived at the Tuileries. The