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

LONDO..V, FRIDAY, MAY 11, 1866.

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
ord. Bankruptcy administration required a thorough
reorganisation and amendment. The cumbrous and
costly machine_
ry by which it has been maintained has
failed
to work efficiently • and while sinecures have
abounded
neither the • 7
interests of the debtor nor of
the creditor have
been properly cared for. The At-
torney-General's Bill
certainly one step in the
right direction,
but is
enough ; it is
an it does not go far
a partial one ; it Improvement, but only
Professes
duce judicial interference to a , indeed, to re-
sweep away the officialassigne: minimum, and to
and all their train, but it lean e'snith e Registrarship
messengers, ushers,
untouched, and thus permits the continuance of
well-salaried sinecures. Mr. AI°FFA.T-r
who
the bill be referred to a select l'e° moved
strongly expressed his regret at the tender mannern ittee,
which it dealt with the present official machinery,
and its failure to carry out the whole of the recom-
mendations of the committee. They recommended
an entire abolition of the whole system of bank-
ruptcy ; " and if," added Mr. Al• __oFFATT, "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 system and the adoption 'of the Scotch
system, with a single Court
_ of, appeal, pre-

sided over by a Chief Judge, assisted by
one or two registrars. But the present measure
goes very far beyond such rigid simplicity. It re-
tains a formidable array of officials, including the
ushers, whose fees make their salaries amount to
m-
maitOtOeeowr
aie9uoOnfaavyoeuarra.
hrirteoeveeivdee
several
beforethe tehoemcmois-
rs ieoans
oe rnss,
for
rd
csietleecict committee,
srielSglrt.hlle lohriiFi.a.tl-ro a
a motion which
Ahe afterwards withdrew on the
referring
second reading. t the same time, although several
hon. members found some fault with parti-
cular clauses, and although, as we have said, it
does not go far enough, it received on the whole
a fair amount of support. It will, no doubt, be
possible to improve it considerably in committee,
and it will at all events abolish a great grievance'
imprisonment for debt. On this point the
Attorney-General spoke strongly, and he
showed at some length the evil influence
which the law of improvement had exercised on the
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 GIRARDIN, 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
past. The sympathies of the French were strongly
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 effect that 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
manoeuvres 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 kin
dom with respect to labour. g-

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 come 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
them by saying that they oppose Federal laws, and
endanger its members instead of securing their posi-
tion. We never expected that much heed would
be paid to the remonstrances of the Diet by
the self-willed statesman who pursues his
infatuated course at Berlin ; but perhaps few

thought it likely that he would openly
an institution of national importance.
in the
Herr BISMARK. His acts speak as
We
must admit that there is no subterfuge
pre-
sent policy of insult
plainly as they can, and make manifest to all that
the course of the Ring'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 execution of their de-
signs. The demeanour of the Mid de States of
Germany is another infallible test oe. the warlike
tendency of affairs, All these pri_cipalities are