The Sun.
London, England, 1819-02-13 00:00:00

FOR THE SUN.

Ma. EDlToR,—'Though I have no wish to in-
terfere in disputes, except it be for the pleasure
of effecting a•compromise,•l must beg leave to ob-
serve (through the medium of your very valuable
Paper), that " JUsTUs.. has not treated " the
worthy Clerk of the Peace at Peterborough"
with the candour which is due. The letter of
the former Gentleman of Saturday last was, I
think, highly injudicious, and calculated to pro-
duce a very unfair, and et-en mischievous impres-
sion. It was also inaccurate in a legal view.—
Had the writer consulted any professional friend,
it would never, I-may venture to assert, have seen
the, light of " THE SUN." Did he consider the
inference arising from his statement and rea-
sonings ? That justice is no where mercifully
ministered but in the City of London, and in the
Comity of Middlesex I—Did he intend to include
the twelve Judges, the Chief Justices of Chester,
and of the Gieat Sessions in Wales, in this sweep-
ing clause ? For, let me ask, where is the crimi-
nal convicted before any one of those venerable
Personages, whose case is reported to his Royal
Highness the Prince Regent in Council ? May
not then the relatives of every unhappy culprit
left for execution at any Assize Town in the king-
dom complain of severity and injustice with as
much reason as the Gypsies of Peterborough
could have done, had they`been left to their just
and merited punishment ?

The voice of the penitent criminal, we know,
always speaki in accents sufficiently audible to
reach the Royal ear ; and when mercy can be
reasonably and consistently extended, it is never
withheld. But the Judges of Assize are in full
possession of the exercise of this sublime prero-
gative; and they are most ready, as the event
of every Circuit shows, to avail themselves of it.
Why then should they be thus calumniated ? and
why should the City of London and the County
of Middlesex be 'marked out as privileged places,
where crimes may be perpetrated with comport*.
Jive impunity ? The inhabitants of those place!
:are not much obliged to " losTus" for this dis-
covery. Let me further observe, Sir, that this
Gentleman's strictutes are inaccurate and irrele-
vant in a legal view. He has overlooked the very
words of the Commission of Peace, which cut-
powers County Magistrates (and Magistrates by
Charter are frequently by the provisions of their
Charter.invested with the same authority) " to
hear and determine all and all manner of felonies,
poiSonings, &c.;"' and the Clergy ate by no
means excepted as improper or incompetent per.
sons to preside at such inquiries. He also in-
forms us, that though the Reverent! Chairman at
Peterborough did not shrink from the determina-
tion of so important a case, " his Diocesan would
have retired from the judgment seat, were a case
of blood brought betore it." But in order to
retire from it, his Lordship, it is obvious, must
first have seated himself upon it,—and where is
the instance, will " JUSTUS point out," of a
Bishop presiding in a Climinal Court ? The
fact seen►s to be, that " JUSTUS" may have read
the reports of State Trials, and learned from
them, that in a case in which the life of the ar.
raigned person is in question, Bishopsdo not vote.
But he should have considered, that in such a case
the House of Peers collectively are the Jury, and
that the Lord Chancellor or Lord Keeper atone
discharges the functions of the Judge. " JUSTUS'.
farther •remarks, that " a Clergyman ought not
to sit upon trials of life and death." I agree with
him—and where will he fishd the instance ? The
Jury alone determine the awful point, and often,
we find, in direct opposition to the summing up
Of the Judge. Hoping then, Mr. Editor, that the
dispute bet ween the worthy Gentlemen in question
will now subsidy,

I remain your bumble servant,
AMICUS.

Feb. 10, 1819.

MUSIC —The Musical World enjoyed a high
treat on-Wednesday last, at the commencement of
the Subscription Concerts at the London Tavern.
By the excellent and judicious arrangements of
the Committee, the whole performance went otr
with the greatest eclat, and we have seldom wit-
nessed a more brilliant audience, or one who
seemed more highly gratified. Among the plin.
cipal attractions we cannot omit to notice tha
Grand Fantasia of BEHTHOVEN, for the piano
forte, with accompaniments for the whole orches-
tra and a full chorus, in which Miss Putercer
made her first appearance in London, and was
received with the most unqualified approbation.
This young I.stly is a daughter of a celebrated
musician in Bath, land we believe a pupil of Cf..e.
BUNT!. Her performance on Wednesday even-
ing did more titan answer the high expectations
that were tor►r►erl, and we feel little hesitation in
pronouncing her the finest female piano forte
player in this country. The wild, though sub-
lin►e, extravagance of Ber,movEN's Fhwasim,
could have been subdued only by the precision
and brilliancy of her execution, and the soft rays
of. beauty which occasionally seemed to burst
forth like tl►e moon front amid the cloud.--could
only have beets felt and rendered etrectke by the
peculiar taste anti expression with which they
were introduced. Upon the whole, we cannot
entertain a doubt, that when the natural and not
unpleasing timidity which was of course apparent
on her first entree into public life shall gradually
subside, hiss PnILPoT will stand unrivalled in
her profession.—Moat's arcornpaniu►cnt to Sweet
Bird was calculated not less to delight than to
astonish. This favourite pupil of VIoTTi is ad.
ted on all hands to be quite unequalled for taste,
expression, and brilliancy of execution, and is cer-
tainly one of the first leaders in the country. Miss
.7)TEPHENS, BeGKEZ, AMBrtoGETTI, and BRAHANIa
were among the list of vocal pertormets,
front the specimen of last Wednesday, the An►e-
tetrrs of Music are certainly led to expect a set irst
1 uf the richest entertainments,

FOR Tun st*J'.

- . .
INSOLVENT DEBTOR' dC7'.

ANALYSIS AN!) COMMENTARY,
(Continued.)

Since the original enactments for the Preven-
lion of Fraud, Extravagance, arid ininstice on
the part of Debtors, as already detailed, the Le-
gislature has tot-flier extended its protection to-
tvards Creditors, and his provided by the 56th
Gen. 111. e. 102, that if it shag appear to the
Court that the Prisoner has acted with gross In-

justire t tit:4 t 1 Ills Creditors, either io contract-
ing any Debts or entering into any Engagements,
without any fair-prospect or probable means of
paying such Debts, or fulfilling such Engage-
ments, or by stinandering or otherwise impro-
perly disposing of• his monies, rtf,:cts, or other

.prorr:riy, wheel► hc might have applied 111 p3ying
xuch..,Debts,'or tullilling such Ungagellien:s", either
v(liolly or hi part, sock Prisoner shill! not he en-
l'itled to his 'discharge, unless with the Consent
of all his creditors, or unless coned five ve,irs.

Tiin3, it is manifest, that the Legis! 'lure has
not been
,indifE rent to the protection of those

rig(,, which some i)ersons contend haze been
ovedo”ked or net.: lect Tbe - w bAs more
droply providrd for that protection than the vigi-
hince of the Creditors has done. TIP.. Act in ques-
tion was the result of long investigation and dili-

gent attention, (oceopying a wirtion of three
Sessions of Parliament,) and it proceeded from a

cOnviction that some permanent merrsure was in-
dispensible, for enAbling the Dvbtor and Creditor
distinctly to understand what each has to depend
upon in the event of referring to legal proceed-
ings—and that a landmark may be established for
the guidance of posterity, by certnir, manifesta-
tions of the consequences resulting f►otn unguard-
ed conduct in the contraction of , Debt, or the
want of caution in giving credit----that the Debtor
niay Imp* the penalty of wilful ofrigacy,
proio,., or Fraud ; and the Creditor may aster-
pain the ultimate consequences of recourse to re-
gal restraint over the person of his Debtor.

With these vit•ws the Act of Parliament was
fremed,•and a Cow t formed to effectuate its pro
visions, a power being also.given to the Court to
0 -Ipaint Officers for carrying it into effeci--and a
numbr having been accordingly apPoint-
cd for such purpose. The period of five years
having been litniied for its duration,. it will .if&-
csai?ly.become a subject of consideration
the L'egrLittire whether or not to continue it- at§
now administered. And as it, candor be imazined
that any t'etrogrAe proceedio;is- in humanity will
be ever' discoverable in- ttiis conutry, it will be'.
important to trace the effects Produced under the
etient'iliolle of adtainktering the Law.
As these objects are likely -so 'soon to come
tinder the deliberation of Parliathen't, it would be
pies•timptitous in an individual to enter on a full.
di,crissiOn. The. remarks which follow are only

suhaiitied in the fiOpe that public attewion may
be awakened'on'a.slibject wherein the interests of
a great commercial country are so much con-

cerned, and 'f he claims of humanity are never as

serted in vain.

EXTENSION OF REMEDIES SUGGESTED.

The establishment of a permanent Law-between
Debtor and Creditor has been viewed as a plea-
sure productive of almost a revolutionary effect in
the Common L.sw of the Land, and its influence
on trade and credit must have been proportitin ably
felt: in a -similar way. That it should, have pro-
duced individual consequences of,4n .nUwdlettine:
nature was natural ; and thacits:proposed opera-.
Hon has prep imperfect is not matter of surprise.
I,s very nature must have mAdOtat,first---enpa-
lateable. No measure of reform was ever in the
first instance complete., But vietiling the original
Statute of .Bankruptcy, anti—the multiplied Acts
which have passed for, improving' the BankrUPt
Laws, as. well as the many Wholesome Regula-
tions which have beets applied to them
mole efficient, it may reasonably be contemplated
that the same vigilance and care may be resorted
to for rendering the principle of the Insolvent Act
more beneficially- operative than it is at present
admitted to be.,

Since the passing. of the Act in 1813, experi-
mentally for hite ye.trs, the care of the Legislature
bas been evinced in two successive Statutes, for
giving egilitable -effect to its operation. And if
the principle of tive measure is st ill considered just
as well as lit minc, doubtless the wisdom of Pkvr-
li3:ntrit will -be applied to correct any resulttrig!
e%ils, and to render the operation unobjectionable:
The Acts of Amendment are a recognition of the
principle of the original.
With reference to some improvements, the fol-
lowing suggestions are humbly offered to no-
tice

To prevent the too ready facility of fictitious
isrrest and collusive imprisonment, it might be
desirable,,that ►`elief should . only be afforded in
cases of-insolvency where the debt of the Prisoner
has been established by law, upon a verdict or
judgment.obt.aineit against the Debtor. Under the
Lords' Act, it is requisite the Prisoner should be
in execution. lint if the Debtor against whom
ju.dgment is obtained, or verdict pronounced, is
ready to surrender voluntarily his effects for the
benefit of ALL 1113 Creditors, it seems desirable
that he should be released upon the cession.of his
effects, without further cxpcnce to himself or his
Creditors ; and the princip're of the Lords' Act,
which applies only to an individual Creditor who
bolds in execution the body of the Debtor, might
be made properly applicable to all the Creditors
of a Prisoner so situated ; and Debtors upon
n►esne process. might, as nor', Sae relk-ved after a
certain period of confinement for a debt bona fide
contracted, and proved by evidence ultra the de-
taining Creditor's bath, the delay of proceeding

!on Coe part 'ir
gornent against the smrender of property 1,1 dis-
charge of admitted claims. A compulsory Novi-
sion in ceet'aiii'caSes might, in lilte*manner, be
rendered more efficient than the Lords' Act is at
present, by an•exten,ion of the arnonnt to'which
that Act is limited. Should a measure of relief
be adopted similar in principle to these sugges-
tions, it 'dOes not.o4lPear wholly requisite that the
ruisoner should in all cases remain in custody
three Months, to, expend a part of that property
Which would be better made applicable to the
payment of his debts ; and oonsidering the lapse
or time which usually intervenes from the issue of
mesne process to find judgment and exectitiou, it
might be preferable that the Debtor should render
an early statement of his affairs, and that Pos-
session nf his est.ate and effects should be obtained
withou,t delay, as is the practice in Bankrupt
Cases.

Various opinions have prevailed as to the extent
of power veStcd, in the CommissioNEß Of the
Court, and it is chotfah, by many intelligent per-
sons that the discretion which Ire possesses would
he more properly exercised with the aid of other
Commisz,ionets. This consideration most he left
(,) wisd,on ; atid.viewing..the similitude
of pripciple in the li,nikriipt Lawsandthe Acts of
Insolvkliey, 'it may be a vestion of prndentie,
whether to enlarge the powers of the Court by an
addition of 'Commissioners to strengthen its:au-
thority, or to vest a power in Commissioners .of
Bank ropt•tor the administration ofthe La wappiica-
hie to Insolvents, subject to-appeal and confirma-
tion,- as in cases of Bankruptcy. Deliberate pro-
ceedings and tuintne investigation "to
catislactory results. -
It has been frequently. objected that the Insol-
vent At greatly iwerteres with and defeats the
operation- of the Bankrupt Laws ; but this objec-
tion is not well proved. The: principle of the
Act is chiefly applicable to persons mot
in trade, or whose eireumsl'inceS do not in'vite the
application of the Laws concerning Bankrupts, or
the extent of credit usually allowed th traders.
But as the Act now stands', if Creditors desirc a
recourse to Bankruptcy, the imprisonment.of the
Debtor affords the opportunity of issuing .a Com-
mission. There is no provi,ion in the Insolvent
Act which -militates against the benefit. of -sire!)
Commission. On the contrary,. no confirted
Debtor, being a Bankrupt, can he relieved,hy the
Act, unless be has obtained his certificate-under
the Bankrupt Laws duly allowed., This provision
has in :minty cases operated to thedetritnent of
the D,b(or, by holding him in custody a consi-
derable time,"and the beneficial imentions of
Insolvent Act have been defeated by the more se-
vere provisions of the Bankrupt ,Laws. Consi-
dering. the inestimable- value of liherty,wid the
benefit of Individual labour in aiding, the cm-untoft
stock of pittrJr. industry, it might he more con-
sistent whit sound policy to authorize the dis-
charge of a Bankrupt' Debtor, upon a Cert fficat.e
troM tl:e Commissioners of Bankranit that he has
faithfully conformed to the LIWS of Bankruptcy,
and has PM misconducted himself';•;but it-would
IA at the saute titne desirable that his estate and
t..ffe:ls should be applied under ;he Commission,
and not under the Assignment executed: in. the
Insolvent Court.

W. M-7—N. Tenlple.
[To be concludi;tl in our next.]

EDINBURGH INSTITU ['ION FOR SACRED

MUSIC.

I. We feel much pleasure in noticing the public
performance of the Institution which ttiok place
on the 2filh
The performance consisted of two acts, one of
a miscellaneous nature, and the other of a 5 elec-
t km,tforit the Creation of •Haydn---brith.
'lending nu/tier-ons songs, choruses, and losalm.
tunes. In order to give the songs With tine effect;
the Directors engaged Mr. and Mrs. Rianch: Loop,
and their pupil, Miss Symonds, a young bady,who
has
sgiven ample proof:of tearing pi.ofi4ed Ivy the in-
structions of such able :teachers.; Mr. tact-s*ng
Hander glorious " Shall 1, in Manire'o feY.:
rile plain," with, infi.nite feeling and dignity. Fits
voice is uncommonly rich anti deep, and is 'what.
is very seldont-met-within thig country, a genuine
bass voice—most of the voices of..,Otiserselito sing
bass being of ihia—sOrt which the Italians call
Bcp-itP7/9. " From Mighty liings7.was...sung Uy
Miss 'Symonds iu
,a very' benUtilitl Mrs.
Lacy, tvlio'se character for correct feeling' and ex-
tensive musical science is universally recognized,
sang several songs' TOW duets in a' very clitSSieal
Manner. The recitatives in the ,creation were.
sung in a most impressive manner by Mr. Lacy
and,Mr. Swift. Indeed:, the recitaii.ie, `.` and God
said let the earth bring forth:" as given by the
former, was perhaps •one of the most powerful
effects we ever heard.

The admirable resul►s of that enlightened sys-

tern under which' the school of L-Institution
• •. •
is coOticted, WO.e,
_on that' night, app!t‘ rent. to all
the subscribers, who saw, in the correct Rod im
pressive style•in which the chorusses
tin earnest of that general diffusion of taste for
classical sacred music, which it is the ardent wish.-
of the friends of the Institution to promote.
With regard to the. instrumental band,. it is
almost sufficient praise' to 'say that it' was led by
Mr. Yaniewiez, and that. Mr. Mather-Pies'itled: at
the organ and piano-forte. All the most 'dis-
tinguished 'professors were engaged; and': 'were
supported by almost every amateur of apprOved
musical talent in town. The result was thetbest
arranged orchestra we ever saw here; thal
Festival excepted. The symphOny 'was
nionly well performed, and the accompauitnents
throughout evere•spirited and Correct.
peitormance was the first of the season un-
der a new subscription, and as the Directors had
resolved to admit none but subscribers on this
occasion, we looked rorward with some anxiety-to
the fright of performance, regarding the 'panther
of the audience as the touchstone of public' feel-
ing towards the Institution. One of the most ,
numerous and respectable audiences we ever saw
in the rooms gave ample proof of the approving
sanction of the public;. and this, we trust,' will
serve to stimulate the Directors to the farther pro-
secution of the laudable and disinterested object
they have iu

LA W. I v-r• -
•- -

--..-:r_---

COURT- O.I,..CIIANCEP,Y, !'x....12.

• •
This being the last ckiy of Hilary Term, the
LOi:D CHANCELLOR presided iri the Collft. (Jo
taking his seat, his Lor►l•hilt said he•had read
over the minutes in the case ex parte Leonard;
which stood over for judgt»ent this day, and the
order made on them would he found in the
ft-Ts' Olrice to-morrow morning.—ln the case ex
parte Bryant, the LORD CuANcm.Lon Said he did
not think he could grant the iiiionctioo which
had been applied for to stay the sal(. of the pro-
rrty ; but, it he alter h►is mint'', he would
inform the parties ot it to-morrow.

OPERA-HOUSE.

TAYLOR V. WATER!.

Mr. BourELL, on being called on to move, said
he understood the Solicitor-Gencral had a motion
to make in respect to this cause, told' that his
Lordship had ordered it to stand for this -day,—
Me Learned Solicitor, however, was not then in
Court. He (Mr. Ronpell) kad received a notice
of the motion, and was ready to proceed.
The CHANCPLLOR said he was perfectly
ready:, to hear it, hot, as ,there sotne otbtr
motions, they had better be heard first.