The Sun.
London, England, 1844-08-02 00:00:00

Month% 4ate.

LONDON, FRIDAY, AUGUST 2, 1844.

In the House of Lords a brief conversation, begun
by the Marquis of CLANRICARDE, took place relative
to the proceedings at Otaheite. Lord ABERDEEN
said all these proceedings must have taken place with-
out the slightest knowledge of the French Govern-
ment ; and he hail reason to believe that the unfor-
tunate affair would be arranged without any serious
consequences. He believed that at the present mo-
ment Queen POkARE was restored to full power.
The Railways Bill went through Committee, and
was ordered to be read a third time this day.
The Poor-law Bill was read a second time, and
ordered to be committed on Monday.
The House adjourned at an earls' hour.
The Commons met at Twelve o'clock, when the
Savings' Banks Bill was passed.
The House went into Committee on the Presby-
terian Marriages Bill, and all the clauses were
agreed to.

The Bishop of London's Estate Bill was read a
third time and passed. This is a very suspizious
measure, as will be seen from the Parliamentary
report._

Sir J. GRAHAM moved the order of the (lay for
going into Committee on the Charitable Bequests
Bill. The Bill went into Committee, when a
lengthened discussion and several divisions took place.
Clauses up to 19 were agreed to, the llouse re-
sumed, the Chairman reported progress, and obtained
leave to sit again this day.
The other business on the paper was then disposed
of, and the House adjourned at a Quarter-past Eleven.

The intelligence received from our East India pos-
sessions and China will be found under the proper
head. It is all very satisfactory. Sinde is perfectly
quiet under the judicious and paternal government Of
Sir CHARLES NAPIER ; and so much is he esteemed

evert by the BeloocheeA, that above thirty thousand of
them held a ccnference with the gallant veteran with-

not the slightest irregularity. They parted on good
terms, and on good terms they will remain. The
acquisition of Sinde will do Sir C. NArtzit and Lord
ELLENBOROUGII immortal honour. The Punjaub is
still in the utmost confusion, but what the result may
be we have no means of ascertaining. 'We regret to
learn from the Hong-Kong Gazette, of the 23d of
April, that Commander the Hon. ERSKINE MultiAT,
who had proceeded with a couple of vessels to Borneo,
to form a settlement there, and to establish friendly
relations, was betrayed and treacherously murdered,
with several of his party, by the Sultan of Coti.
Little alteration had taken place in the state of the
markets since the last mail.

After a brief interval of repose, the Anti-Corn-
Law League are again about to commence their
necessary task of strenuous agitation. On Wednes-
day next, we understand, they purpose holding
another great meeting in Covent-garden Theatre,
which is to be the last of the season ; and they will
then, we presume without delay, proceed to the pro-
vinces, there to agitate the repeal of the bread-tax-
unremittingly during the Parliamentary recess. It
is only by such continuous perseverance that the
question stands the slightest chance of being carried,
far the agricultural districts—notwithstanding the
numerous free-trade proselytes that have been made
in them by the strong practical common sense of Mr.
COBDEN and the other members of the League—
are yet far from being sufficiently enlightened on the
subject ; and there is no gainsaying the fact that the
decided langauge—decided at least for him—held by
Sir ROBERT PEEL at the commencement of the ses-
sion, has infused new spirit and confidence into the
monopolists, and consequently multiplied the obstacles
to the total abolition of the corn-laws. We do not
1 say this in order to discourage the advocates of un-
restricted trade ; far otherwise, we say it in order to
put them on their mettle, to rouse their energies, and.
spur them on to fresh exertions. There is nothing in
their present position which, calmly and rationally '
considered, need give them cause for the slightest dis-
couragement. They still stand on broad vantage
ground ; public opinion is still as much with them as
ever it was; and not one of the arguments which their
leaders have put forth, whether within or without
the walls of Parliament: have yet been refuted. All
the resources which their opponents can venture to
bring against them, are such only as are supplied by
ignorant prejudice and inveterate obstinacy—preju-
dice that scorns to yield to conviction, and obstinacy
that takes a perverse pride in its own display. These
are but sorry resources to calculate on, and, as in the
memorable case of Catholic Emancipation, where all
the reason was on the one side and all the bigotry on
the other, they cannot fail, in the long run, to yield
to the irresistible supremacy of common sense and
justice. Tedious as the winter months may appear to
those who are anxiously looking forward to the ad-
vent of spring, we know that they have their
appointed term ; and long as may seem
the period that must elapse ere the exe-
crable corn-laws are for ever erased from
the statute-book, which they have been too
long permitted to disgrace, we all know full well that
that desirable period must come, and that no human
means can protract it beyond one, or at the utmost
two years. Indeed, as we have observed a dozen
times already, the question of the total abolition of
the bread-tax is merely a question of time, which will

be either long or short, just according to' the degree
_ _

of spirit with which the repeal of the impost is agi-
tated. Were the matter to be put to the rote to-
morrow throughout England none can doubt that it
would be .carried by an overwhelming majority
but its opponents, though contemptible in point of
numbers, are still powerful by means of their wealth,
station, and other adventitious influences, con-
sequently all the vast moral force which the
League has at its command, must be concentrated—

strengthened--matured—and brought to bear unre-
mittingly, and without delay against the antagonist
power of Monopoly. As St. JUST said to his col-
leagues in the Committee of Public Safety :—"Dare !
that is the great secret of Revolutions !" so we say to
the members of the League, "Agitate! that is the
great secret of success !" Without this, nothing
can be done—with it, everything I To trust to the
mere force of reason and the gradual spread of con-
viction among the people, unaided by a process of
bold, strenuous agitation, what is this but to take a
leaf out of Sir R. PEEL'S book, and trust to the
chapter of accidents, which may, or may
not, turn up in favour of those who rely
on it ? Had Mr. O'CoNNELL acted in this manner,
never would the Catholics have achieved their free-
dom, but would have continued manacled to the pre-
sent moment. It was agitation that carried the
Relief Bill—agitation that knocked the fetters off the
limbs of the Dissenters—agitation that carried ache-

dules A and B, despite all the opposition that the
boroughmongers could bring to bear against it—and
it is agitation, and agitation only—bold, continuous,
systematic and determined—that will enable the
advocates of free-trade to carry the total abolition of
the most detestable impost that ever oppressed the
energies of a great commercial people, and outraged
every principle of equity.

The " Insolvent :Debtors Bill, to amend an Act
passed in the sth and 6th years of the reign of her
present MAJESTY, intituled An Act for the Relief of
Insolvent Debtors,' and to limit the power of arrest
upon final process;" was, on the 26th inst., brought
down from the Lords, where it had been a subject of
much controversy and some personal remonstrances,
to the House of Commons. A print of this Bill, in
the condition in which it left the Lords, is now
before us. It would occupy too much time and space
to indicate the various amendments upon the original
draft of the Bill, which have been introduced in the
Upper House, or to point out their noble authors.
Yet, as the public cannot but feel a lively curiosity
to know what are the main enactments of the last
legislation on so important a question as the mode in
which it is proposed that insolvent debtors shall here-
after be dealt with, we will endeavour to give such
a brief analysis of its clauses as may answer that ,
purpose.

The preamble of the Bill before us hating recited
the sth and 6th VICTORIA, c. 116 ; clauses 1 and 2
declare and enact, that notwithstanding any thing to
the contrary in such Act contained, the notices
thereby required to be given to creditors in the Lon-
don Gazette, or newspapers, previous to presenting
petitions for protection from process—shall here-
after be dispensed with ; and such form of petition
shall be according to a form specified in one of the
three schedules of this Bill ; and the petition and
schedule to be annexed thereto, according to the
former Act, to be in the form of another of such
schedules;—to be sworn in like manner as any other
affidavits in bankruptcy may now be, and to he an-
nexed to such petition at the.tirne of filing the same.
It has been erroneously imagined that the present
measure is altogether to repeal the existing Act. But
how unfounded this notion is may be inferred from the
constant adoption, in the Bill before us, of such parts
of the Act 5 and 6 Victoria as it does not expressly
repeal.

-1 Clauses 3 and 4 enact, that from and after the
filing of such petition, the Commissioners shall (and
this is an important variation from the existing Act,
as to such notice) "forthwith; after such notice shall
have been filed, cause notice of the filing thereof to
be given, in such manner as he shall direct, to the
creditors named in schedule of petitioner, resident
within the United Kingdom, and whose debts shall
amount, respectively, to 51." and to be advertised in the
London Gazelle, or papers circulating within the
county wherein petitioner shall reside ;" and the Com-
missioner shall thereby appoint a public sitting of the
Court (adjournable, at his pleasure, trJm time to
time) for examination of petitioners and choice of
creditors assignee. The creditor to be allowed, at
discretion of Commissioner (who may reject or re-
move any person so chosen as assignee if he shall ap-
pear to him unfit for such office), to amend his
schedule or correct any misrepresentation therein :
the property of petitioner to vest in the assignee or
assignees fur the time being, by virtue of his or their
appointment. Every such assignee is to be deemed
an officer of the Court wherein the petition is
filed, and to be liable to its control. (Power
reserved .
if to Lord Chancellor, or Judges and
Commissioners of Court of Bankruptcy in Lon-
don, authorised by his Lordship, to make such
orders and regulations for the security of petitioners
property as they may judge fitting.) On this peti-
tion being filed, the Commissioner is to have the like
power to seize property of petitioneir-irld'exiimine

him and other persons, as he now has by law in
bankruptcy cases.
The next clause, 5, whatever may be said for or
against its principle, certainly does away with an
invidious and unreasonable distinction which bore
hard on the less fortunate debtor, under former Acts,
who had not succeeded in saving himself from personal
caption. It enacts that, " any prisoner in execution at
the time of passing this Act, or any prisoner at any
subsequent time in execution upon any judgment
obtained in any action for the recovery of any debt"
—may be a petitioner for protection from process ;
and such petitioner shall be protected by an interim
order from being detained in prison, upon any judg-
ment in any action for recovery of any debt men-
tioned in his schedule ; and if so detainei, Commis-
sioner may order his discharge : but all his former
liabilities to cease after lapse of the time mentioned
in such interim order. Clauses 6,7, and 8 are also
very important. If petitioner be in custody, not
being entitled to be discharged, he may yet be
brought up by warrant under the Commissioner's
hand, directed to the person having him in custody, and
be heard at any sitting of the Court, either publicly
or privately; all expenses of such hearing to be paid
out of his estate. In the event of a petitioner's death,
the Commissioner may proceed in the matter of his
petition, for distribution of his property. Wearing ap-
parel, bedding, working tools, and implements of a
petitioner, not exceeding, in the whole, the value of
201., may be excepted by petitioner upon operation
of the sth and 6th Victoria, and of this Act. Clauses
9 to 19 regard, the powers, duties, trusts, &c., of as-
signees ; and these clauses again, in some res-
pects are considerable modifications of the Act
just quoted. Thus : the official msignee to act
as sole assignee until creditors' assignee ap-
pointed to sell property of petitioner, if Com•
missioner shall so order, and make such allow-
ance to petitioner for his support as Commissioner
shall direct :—the property so vested in the official
assignee to g. to his successor in office ; and if a
petition be dismissed, " all sales. and dispositions of
property, and payments duly made, and all other acts
theretofore done, according to this Act, or the before-
recited provisions of sth and 6th Victoria, to be good
and valid." So, again, assignees may execute powers
which petitioner might have executed for his own
benefit. Where a lease, or agreement for a house,
has been accepted by the assignees, or the benefit
thereof as part of his property, petitioner shall
not be liable for the rent ; and in the event of such
assignees declining, on being applied to, to accept
such lease, &c., the lessor may apply to the Court
for the Commissioner's order in the case, either for ac-
ceptance of the same, or its delivery to lessor. As-
signees may sue in their own names—make composi-

tions for debts—submit differences to arbitration,
under consent of major part of the creditors of the
estate, and after a certain notice published, after
hereby prescribed forms. Creditors to vote according
to, and in respect of, the balances due to them on
account fairly stated. Where the petitioner is bene-
ficially entitled to stock, Commissioner may order a
transfer. Suits are not to be abated by the death or
removal of assignees. Under clause 16, there
is this declaratory enactment which strikes us as
being very just and equitable in itself, and calculated
to get rid of a vast amount of pettifogging and vexa-
tious intermeddling bygreedy attorneys of a particu-
lar class in their profession ; namely,—goeds in pos-
session, order, or disposition of petitioner whereof he
was reputed owner, to be deemed his property. no
distress is to be available for more than
one year's rent; voluntary preference frau-
dulent and void as against assignees, to whom
this Act extends the provisions of 3 Geo. IV. c. 39.
Under subsequent clause's, warrant of attorney and
cognovit actionem are not to be acted upon against
property of insolvent petitioner, after filing his peti-
tion. Final order (as given under the third schedule)
to protect the person of petitioner from process in re

spect of debts or sums, particularly mentioned in
.clause 21, but specification of his debts shall not
be necessary in such final order. Of a prisoner
in execution at time of filing petition, if detained
for any debt or matter in respect of which his final

order protects him from process, the Commissioner
may order the discharge. Of the other clauses (in
all 49 in number) the effect of the most important is
—that petitioners, not being traders, or being traders,
but owing sums respectively not exceeding 3001., can
petition—if in costody—to be discharged by a Corn-
missioner's order ; and, it may also be added, that
there is no remedy given under them for a
" vexatious defence," nor power to detain per-

sons under remands, or debts under 201. For
instance, under clause 37, the marginal note of its
effect runs thus :—" Persons in execution at the time
of passing this Act, on judgment on any Court, in
any action for any debt, where the sum recovered
shall not exceed 201. (exclusive of costs), shall he
discharged on application to a Judge in one of the
Superior Courts, or to the Court in which judg-
ment is obtained. The estate of the debtor dis-

charged to continue liable, as if he had not
been taken or charged in execution." On

the whole, it is clear that the decisions of
Judges and Commissioners in bankruptcy, as a Con-
teMporary has well observed, must be much more

uniform in their bearing, and Bound in principle, than
they have been in the conflicting decisions under the

existing Act, if they are adequately to protect the
equitable intorests of creditors under this Bill. Too
much power seems to be given to the assignees ; too
little security taken for, or penalties inflicted on, the
fraudulent misconduct in debtors.

We have received Madrid journals of the 24th ult.
The sudden departure of the Prinoe nl Joravrw;
from Cadiz to Tangiers was caused, it would appear,
by accounts that, contrary to an arrangement agreed
to, an English vessel of war had entered the harbour
of Tangiers. Such was the fact; but on complaint
being made, a satisfactory answer was given, and the
squadron immediately returned to Cadiz to wait the
ultimatum of the Emperor.
The Gibraltar Chronicle of the 19th announces
that the news from Tangiers was satisfactory; that
the French Consul had written to Gibraltar, that the
EMPEROR had given orders to punish the Moorish
chief who had first attacked the French, and that from
the information which he had received he entertained
strong hopes that peace would be preserved.
At Madrid, on the 24th the Three per Cents. were
26f for cash, and 261 at 60 days ; Fire per Cents.,
18i, 60 days; Passives 61, 60 days.

The July fetes at Paris terminated on Monday
evening by a grand display of fireworks, and we
regret to say that they have not passed over without
loss of life. At a late hour several accidents occurred
to mar the pleasure of the varied scenes. Never was
there such an outpouring
.of the Parisians since the
days of the July Revolution. "When the fireworks
had concluded," says Galignanie Messenger, " the
populace bore in masses towards the Grand Avenue
of the Champs Elysees; and near the entrance of the
Avenue Gabrielle the crush was so great, that several
persons were thrown down and trampled under foot.
Four women and a man were taken to the Hos-
pital Beaujon. The man is since dead, and one
of the women is very dangerously injured ; the
others are expected to recover. A little
girl of twelve, the daughter of the man and
one of the women just mentioned, was carried into
the neighbouring corps-de-garde, where she almost
immediately expired. Two bodies were also carried
to the Morgue, from the Champs Elysees, but their
deaths are stated to be the result of violence ; this
vague information, coupled with th• fact of a medical
gentleman having bled fourteen persons, being all we
have been able to obtain at present on the subject?'
No attempts at disturbance, however, were made.
The people seemed to enjoy themselves to the utmost,
and displayed great loyalty. Great crowds collected
in the gardens of the Tuileries, to listen to the music
in front of the Palace. And when the KING and
Royal Family appeared on the balcony, about seven,
they were received with loud acclamations by the
vast crowd. The Parisians begin to see that peace is
good for the country, and the duties in which his
MAJESTY had been engaged during the day, no
doubt, contributed a little to the warm reception from
the people. He had conferred the Legion of Honour
on a number of the successful competitors for prizes
in the exhibition of national industry, distributed
medals with his own hand to the most skilful artisans,
and in the evening about two hundred of them were
invited to (line with the Royal Family. Such conduct
does the KING great honour, and cannot fail to have
a most beneficial effect on the provinces when the