The Sun.
London, England, 1857-05-22 00:00:00

THE SUN, LONDON, FRIDAIY EVENING, MAY 22, 18 5 7

HER MAJESTY'S THEATRE.
TO-MORROW EVENING.
ALBONI, SPEZIA, GIUGLINI, VIALETTI, and BENE.
VENT ANO.
First Night of Verdi's Opera of
IL TROVATORE.
Leonora, McMe. Spezia; Azucena, Madame Alboni.
Manrico, Sig. Giuglini.
After which will be prodaced an entirely New Ballet, in
Two Tableaux, composed expresslyjor her Majesty's Theatre
by M. Massot, entitled

only two of the party had sufficient fortitude to
listen to the verbose and dreary oration. Poor
Mr. SPOONER ! It was indeed a painful but

of false and fraudulent misrepresentations,
induce too credulous parties to part with
their money, or who keep false accounts,

salutary lesson that he received, and we trust
that he will profit by it, so as to avoid similar
humiliation for the future. The dining-room
possessed metal far more attractive for Noble
Lords, and Right Hon. and Hon. Gentleman.
BELLAMY'S was thronged, while the House was
deserted. We really think that the worthy pro-
prietor ought to establish a " SPOONER Plate" to
be run for by popular representatives. The dis-
tance is certainly rather short. But that enabled
even the most thick-winded specimens to exhibit
their powers during the " spurt." Well, it is an
ill wind that blows nobody good, and the able
chef had reason to congratulate himself on the
cause which gave his supporters ample time
" inwardly to digest" the creature comforts, which
he supplied with liberal and unsparing hand.
Two Derbyites listened to his speech. Some
seventy or eighty were solacing their inner men
with postprandial enjoyments, ready, at the first
signal of the division bell, to hasten to the lobby
and record their votes, so as to satisfy the expec-
tations of their constituents.

make false entries, or declare unearned dividends
out of fictitious capital, will be made amenable to
the criminal law as well as the assignees of bank-
rupts and insolvents, who appropriate the funds
which should belong to the general body of the
creditors. These are, unquestionably, great im-
provements, and we heartily thank the Attorney-
General for the enlightened and comprehensive
spirit in which he has dealt with a great social
evil, and which we hope and believe will have the
effect of materially restraining, if it cannot altoge-
ther prevent, frauds of the most distressing and
atrocious character.

The Attorney-General has fully and faithfully
redeemed the pledge which he had given. He has
brought in a measure to amend the law relating
to Joint Stock Companies, more especially so far
as banking and insurance companies are con-
cerned. The cases of the Tipperary and Royal
British Banks will no longer serve merely " to
point a moral and adorn a tale." The notorious
grievances to fair creditors and innocent share-
holders which have been so painfully developed,
will be removed. It will no longer be possible
for sharp practitioners to obtain undue advan-
tages, or to crush those desirous of fully
and fairly meeting their responsibilities to the
utmost extent of their power. Nor will there
be a conflict of jurisdictions to squander in liti-
gation the means that might be applied to a far
better purpose.
Under the present system there is a scramble
for the assets. `" FirSt come first served "is the
principle acted upon, and the creditor can choose
his victim, or series of victims, who, by the
cruel costs, are debarred from acting fairly
towards other creditors. The effect of this
scramble, generally speaking, is to send
solvent shareholders into exile, and others
to the bankrupt and insolvent tribunals.
The simple fact stated by the Right Honourable
and Learned Gentleman, that one enterprising
attorney purchased a debt due by the Royal
British Bank, and forthwith issued some 200 or
300 writs for its recovery, clearly indicates the
magnitude of the evil and the nature of the re-
quirel remedy. We are too fond of permitting
men to take the law into their own hands. When
property is seized in execution, and it is clear
flat the defendant is not capable of satisfying all
his liabilities, the proceeds should be appropriated
to the general body of the creditors. The rapa-
cious should not be benefitted at the expense of
the indulgent and forbearing. The whole law of
debtor and creditor requires complete revision. It
is even more essential for the protection of credi-
tors than of debtors. It would, in fact, be
equally beneficial to all parties concerned, giving
a fair division of the assets, in place of permitting
the sharp practitioners to accumulate useless costs
and appropriate the entire spoil to their own
purposes.
Sir R. BETHEL also announced that "no
long time would be suffered to elapse before some
comprehensive measure would be introduced on
the subject of bankruptcy and insolvency." We
thank bim for the intimation. Both codes should
be amalgamated, and the standing reproach to
the British nation of the present system of impri-
sonment for debt removed. He has made an
excellent beginning, so far as the shareholders in
Insolvent Joint-Stock Companies are concerned.
The great object is to have some party capable of
representing the general body of creditor 4,
and sanctioning arrangements that would
give all that could possibly be obtained to bona
fide creditors, without wasting it in wanton and
unnecessary litigation, while those anxious to do
what was right would be saved from a cruel ag-
gravation of their original loss.
The Honourable and learned Member for
the county of Cork declared that, if the
proposed measure had been passed a few
years since, the creditors of the Tipperary
Bank would have received at least 10s. in the
pound, where they will not now receive a fourth
of the sum. We yield implicit credence to the
statement, and we likewise believe that in many
private cases, where not sixpence in the pound is
obtained, there would be fair dividends for the
creditors. Let Sir RICHARD BETHEL per-
vere. If he carries out the judicious principles
which he last night enunciated, he will deservedly
obtain a high place amongst legal reformers, and
his name will long be remembered with thanks
and gratitude throughout the entire kingdom, as
having secured all that could under any circum-
stances be obtained by creditors, and affording
protection to poor but honest debtors, who are
unable through unavoidable misfortunes to satisfy
all the pecuniary demands for which they are
responsible.

In all his sufferings poor Mr. SPOONER found
one point for self-gratulation I " His arguments
were altogether unanswered 1" It was not, how-
ever, because they were unanswerable, but because
they were not worth answering. Learned judges
frequently disappoint ambitious aspirants for
forensic honours by thinking it unnecessary to
hear their elaborate arguments. The opposing
counsel has not established his case, and therefore
there is no necessity for discussion. The discre-
tion of the House last night was displayed in a
similar manner. They simply voted, and for this
session at least—would we could say permanently
—put a practical extinguisher on the SPOONER
light that was to have illuminated the " collective
wisdom."

The precedent is truly valuable, and we trust
that it may be duly observed on all similar occa-
sions. These are questions that may be much
better answered by votes than by speeches. The
most severe castigation that could be administered
by an opponent was far leas than the total and
unbroken silence, the impressive, the contumelious
taciturnity that prevailed ! It was indeed a
memorable circumstance that will not speedily be
forgotten. The Honourable Gentleman stood
crestfallen—galled to the quick—Quantum muta-
tatus ab illo Spoonere, who erst obtained a majority
on the very point thatnow banished friends and foes;
effectually clearing the House of nine-tenths of
its occupants, and acting as a sleep-compelling
soporific to the few who remained I There were
few who last night envied the new Speaker the
distinguished position to which he had been ele-
vated by the unanimous vote of his fellow-repre-
sentatives. He was the victim who could not
escape the persecution. One good result was, at
all events, obtained. Much valuable time was
saved to the country, and really important mea-
sures were brought forward, despite the Spooner-
ean eloquence and the Exeter-Hall whippers-in.

"It's only a breach of trust." Such was the
defence (!) too frequently put forward for
the robber of the widow and orphan—the mis-
creant who had appropriated to his own use the
fund confided to his charge by a departed friend
as a provision for his helpless family. Only a
breach of trust ! What offence connected with
property could be greater ? What villany could
inflict greater suffering on the innocent victims ?
The property painfully accumulated, and carefully
invested by the deceased husband and father,
swept away in one fell swoop, and the sufferers,
who might have enjoyed competence and indepen-
dence, involved is all the horrors of destitution,
possibly consigned to the tender mercies of the
union workhouse. What ought to be the greatest
aggravation of the crime, was considered a auffi•
cient answer to the charge, and the unblushing
criminal escaped, because he added to ordinary
guilt the crime of treachery and deception of the
most unpardonable character.

Thanks to SIR RICHARD BETHELL, this monster
grievance is likely to be speedily and completely
redressed. Fraudulent trustees will no longer
escape with impunity from the penal consequences
of their misconduct, and those who have appro-
priated to their own use the property which they
have received for others will receive the punish-
ment they so eminently merit. This is indeed
a great amelioration in the existing law, and every
legal reformer will feel grateful to the Right Hon.
and ' Learned Gentleman for having effectually
grappled with the evil, and provided efficient
remedies for the most flagrant grievances,
which were previously irremediable. It
is obvious that sending parties who had
been plundered of all they possessed to
the Court of Chancery for redress, and treating
the robbery as a mere debt, was but adding insult
to injury. The machinery of the law could not
lie set in motion without ample funds, and the
original loss was but too often largely enhanced
by the costs to which the sufferers were subjected
in the vain attempt to obtain redress. We know
of one case, where a person occupying a high po-
sition in society received payment in a single day
of three sums of 10,0001. each, ou which three
families were dependent, under the pretence of
investing them in securities bearing a higher rate
of interest. He absconded with all the money,
and went to reside in affluence in another land
with the proceeds of his threefold crime. There
was no unexpected misfortune. The money had
not been previously squandered. It was wilfully
and deliberately taken from those to whom
it belonged—the three daughters of a
deceased friend, and relative, and yet the
miscreant could only be treated as a debtor when-
ever he might be caught I This is no stretch of
the imagination, but a deplorable fact. And
surely the anomaly should be removed that afforded
the law's protection to such an offender.
The case, however, requires delicate handling.
The office of trustee is one of a peculiarly harras-
sing and vexatious character, and if parties were
made criminally responsible for unintentional
losses, it would be difficult, if not impossible, to
obtain persons willing to act in that capacity.
The honest trustee should be protected in his
office—while the highest secondary punishment
should be inflicted on the dishonest one. Sir R.
BETHEL has, therefore, provided a certain impedi-
ment to vindictive and unfounded prosecutions,
The sanction of one of the Judges of the Superior
Courts, or of the Attorney-General for the time
being, must be obtained before an indictment can
be preferred. This will, neceesarily, be an ex
parte proceeding, similar to that which takes place
in procuring -a Judge's fiat for the arrest of an
absconding debtor, under the act for the abolition
of arrest on mesno process. It will effectually pre-
vent prosecutions being instituted merely for the
sake of annoyance, while it will not impede any
bona fide and straightforward case from being
thoroughly investigated before the criminal tri-
bunals.

A most interesting ceremony took place yester-
day in the Court of Common Council, at Guild-
hall, in the presence of the Lord Mayor, and the
assembled magnates of the Corporation. It was
nothing less than the presentation of the Freedom
of the City of London to one oflhe most humane
and enterprising of all modern Travellers—Dr.
LIVINGSTON ! And the manner in which that pre-
sentation was announced, or rather commented
upon, through the eloquent speech delivered im-
mediately afterwards by the Chamberlain of the
municipality must, we are fully satisfied, have
been exquisitely gratifying to the distinguished
philanthropist, of whose great public services the
occasion itself was designed to be the emphatic
and signal recognition. The earnest and touching
harangue, addressed to Dr. LIVINGSTON yesterday
afternoon by that city functionary, was altogether
conceived in the happiest strain of mingled eulogy
and encouragement. It was a truly oratorical
tribute of admiration, offered in the name of the
representatives of the capital of. the Empire, to a
noble-hearted Englishman, who has spent
Fifteen, Years of the very prime of his
life in a laborious and perilous journey of
Eleven Thousand Miles into the interior of the
Great African Continent. An undertaking ad-
ventured upon, as Sir JOHN KEY admirably ex-
pressed it, addressing himself to Dr. LIVINGSTON
—" for the honour of your country and the moral
elevation of mankind by the peaceful triumphs of
the missionary, by the expanding influence of
scientific discovery, by preparing the way for that
intercommunion and commerce between alienated
races, the tendency of which is to make a corporate
guild of all nations, to unite all the tribes of earth
in a bond of universal brotherhood." That was
the elevated aim, those were the elevating prin-
ciples actuating this brava Traveller at the outset,
and sustaining him manfully to the close, of his
memorable enterprise. At the same time that
we recognise the accuracy and the force of every
sentiment that fell from the lips of the City
Chamberlain yesterday afternoon, in reference to
the particular object of his encomiums, we cannot
but think that he was entirely mistaken in speaking
of what he termed the " contented ignorance" in
which we have allowed ourselves to remain in refe-
rence to the interior of the vast southern continet,t
of the Eastern hemisphere. Ignorance, there has
been, but not contented ignorance. Valuable

There are other breaches of trust of no less
dangerous a character, that will be fully met by
the contemplated enactments. The directors and
managers of public companies, who by means