The Sun.
London, England, 1826-04-04 00:00:00

NAPOLEON.

.Ite-examined—l'he plaintiff had again erected new build.
ings in the room of those destroyed excepting a barn, winch
was not rebuilt.
Martin Stokes, another carpenter, who estimated the damages
with the last witness, confirmed his testimony.
Mr. Price, a gentleman from the Register's office for the
Archdeaconry of Surrey, produced a mandate from the Bishop
of Winchester, for the induction of the Rev. Mr. Snell to the
Rectory of Windleshaui.
The Rev. Mr. Hammond proved the induction to have taken
place in the year 1807.
Mr, John Mears, a solicitor residing at flagthel, and clerk
to the 31agistrates in th it district, stated, that immediately
after the fire, the g ntimien residing in the neighbourhood
met-and subscribed the sum of 310- guineas for the apprehen-
sion and conviction of the incendiary or incendiaries, anti that
hanthbills to that effect were printed and circulated.
Mr. MawoLLs, in addres,ing the Jury on behalf of the
hundred, admitted the fact, that a fire happened on the nth
of. March ; that the properly consumed belonged to the Rev.
(lentletnan who had brought this action, and that due notice
hadachkv
een/glierdegnintog this,tl te meantrsiiheiwiiiliotci netet
Statute reeyuoiureedh p
; butid
in
been done to satisfy the law. No evidence had been atiduced
to prove that the fire was occasioned by an incendiary. The
onus probttntil rested with his Learned Friend. There never
was a cutesy devoid of proof; *hewing it to be the work of an
ofincoeintini ii'o'rny haast the
eeti
eic'nreesseeeawniwltilt.ehs
ofaultylituatirdttistreinellorapttrieeuvesocistnltiigto,Antwih,iefhweij.heihuinc,rthyelritessiehef:rwl!inisadt:ehtbdteet,
ttohebYtwrdueseir4ved"tior future consideration in a higher COW'S, that
the
tuutages being. estimated at the full value could not be re.
'tfhleiePßlaeuvlt.Wdetitleman might become a dignitar
clzerttlyt:y
v ot
the ,chutch t he might obtain a- living much higher in value than
;he might have prebends stall, and in these
cases, his interest in the value of the property now sought to be
recovered would cease; -The Learned Counsel referred to hook
of horns Ecclesiastical Law," to sheer that pro.
pert), destroyed in the manner proved did not come antler the -
general term of dilapidations, and therefore rio action would
lie against the plaintitf.
The t,lovers In Ludlow are turnipz
co.,4aLcs Aauorr, El., the Under.SheritF then summed,
their flancfs; for want of a circulating med
up, and the Jury, after 11 t consultation, assessed the ds.
Meager at 2001,
pay them If Wt.—(flen-10rd Paper.)

The following particulars of this exttaordinary
man are given in a very interesting work recently
published, called Recollections of a Pedestrian i
—6' Toulon has become 'famous its history, for
having been the spot upon which ccettain Liett-
, tenant of Artillery first made himself known,
during Its occupation by the English, , His be-
' mhaevnidotte tti,
hdimurittosmogtirteat
paptetriicoudlia:fttleortiwcaortdass
arectnomer;
well quallCed to execute bloody and unrelenting
projects. I had determined upon making stoma
inquiries respecting the events which had occurred
'luring the 'siege ; and having a letter to deliver
to a Gentleman, to whom 1 had ..been recoils.
mended, I proceeded to Ids house, which. stood
not far from 'the Coors.—lfe was at home, re-
ceived me with much politeness, and requested
that I would dine with him that day. I did'so,
nod met two or three persons. After dinner, our
conversation turned upon the death of BuoNA•
r.litTr., which had taken place not a very long
time before. An old man, who was one of the
company, said, ' When I knew Napoleon .at the
time he was living near Toulon, I little thought
that I knew the future King of France.' ' Did you
know him intimately ?' I asked. ' No, Sir, no ; it
was difficult to do that. Ile was always cold and
reserved, and there was something in his eye that
made one feel uneasy in his company. Besides,
he appeared to be constantly ruminating upon
some project ; and I well remember, that when
the news of the approach of our army arrived, at
the time that Toulou was occupied by the, Eng-
lish, he seemed to become every day more rest-
less. And then the army came, and Selicetti
got hits) appointed Chief de Brigade, and when he
put on his uniform, I saw him smile, and heard
him mutter, My destiny is commencing. Ile was
a brave fellow, but not too merciful ; for, when
he entered Toulon, the day the English troops
evacuated it, he had the streets swept with, cau4
nott, and down he marched his brigade first to
the quay ; and when I got there with my men, a
terrible sight it was; for there were the ships
blazing, and women and children screuming and
imploring mercy, and to be taken on board the
boats ; and then two powder ships, which had
been set on fire, blew up with a tremendous
roar, and the whole harbour looked like purga.
tory, with the poor devils struggling. upon the
water, and the trumpets and drums soundiog, and
1 the houses on fire, and the cries of terror and rage
which we heard all around ! illafoi ! I thought
too, that that young Chef de Brigade looked ate
if he was just in his element, for he was just es
cook and calm among, It all as if he Iwttl beet*
at a skirmish in' the College of grienne. Whet,
the .Gavernment changed, he was arrested at
Nice, (whither he had retired, as a 'Terrorist;)
but he was soon released, and I never heard
of, or saw him again, till he was the Cenerat
of the Italian army. 1 was a little confound-
ed when I found myself afterwards taking
an oath of fidelity to him. Mai', nto foi !
I had rather be where I am, with a .good
glass of wine, than have been Emperor of
France, and now lying in my grave.' The re-,
tlection, if not one which did credit to my in.
foment, as an ambitious or enterprising man, at
least proved his philosophy; and bud the subject
of it been as indifferent to fame and power as
his ancient acquaintance, Europe might, perhaps,
have been now at peace with the Republic of
France ; the Duke of Wellington, plain Sir Ar.
thur 'Wellesley ; Waterloo, a nameless village ;
Venice, a free state ; and the rider on the whirl.,
wind—the director of the storm himself, ars
elderly contented coffee-drinking invalid, Such
is destiny !—such is the influence of one mighty
sleepless spirit, which feels its own force I Like
the proud vessel which, compared to the vast arid
yawning abyss around her, is as a speck, an atom;
yet, by the skill of those within her, makes
the winds and waves subservient to her course."

FRENCH PROTESTANT/1.--Hk AlajeitgtrnAs4,lo
X , after examining the regulations of the Pro 4
testant Associatioo, called La Socktc de prem.,
Once et de secours mutual, a sort of chariteble so-
ciery, establi%heit to encourage economy, in Pro-
testant families, has been pleased to cause a ro-
mittonce of one thousand francs (forty pounds) to
be sent by the Due de Darns to the President of
that Association. At the same moment, says the
Canstitutionnel, that the Prince is protecting in
Paris an Association for purposes of benevolence
and public utility, which cannot full of increas-
ing the union and happiness of the Protestants,*
curate at Chattily, who ought to have nothing at
all to do with burying.grounds, has taken upon
himself to point out where the remains of a Pros
testant of that commune were to he deposited.—
The person in question was a very respectable
man, nncl one who had always been generally
esteemed by his fellow.citizens, This did riot
prevent the cyri from fixing his burial place in
the spot reserved for noliefactora, The Protest-'
ant Society de pretvance et de secours
establi4hecl at Paris, reckons above .500 law'
stiCireiibrezresalo:
nti attetilvigitiyoitaiiidrpentohrneiirnaastsioislilintioteel".
g.trt:
physicians of the first eminence) remarkable Tor
ablith.
tuitously to the members of this vat:l"D ) t
went. The President was former y ei uyi
Vauchez mid Iluhrolf both,
M. Laff" 1'4'14144i' It ""ofeosartirysdolf":4l7rro9.:
teitillit church of Palle.

oft' all
'tura to

A BILL
To AMEND and CONSOLIDATE the LAWS for the RE.
LIEF of INSOLVENT DEBTORS in ENGLAND.
(As amended by the Committee.)
Use. 7. Gro. IV.

The length or this Bill wholly precludes the
IMltilbitity or giving an abstract of Its contents,

and in truth it if hardly necessary, ns the provi-
sions are entirely the same with those DOW
Tiiice. .Its chief purpose i merely to consolidate

the enactments of three Acts into one, and to ren-

Aer the system perpetu►al, and not as hereto-
lore, fora certain space of time oily. Thus, at
bit, the Ins►„lven►. System has arrived at maturity,
and io► like manner as its forerunner the Bank,

milt Laves, which in their origin were temporary,
is about to become f►xed and permanent. At this
time, then, we consider it not a misplaced ques•
tion to inquire what real distinction there is be-

tween the case of a person subject to the opera.
lion of the Bankrupt laws, and the case of a
.person Subject, to the operation of the Insolvent

Laws; or whether the simple fact of being or not
being a trader, is enough to warrant the appliea,

,tion of a different system of maw to each of these
'persons, both being in pani della°, viz. insolvent.

The same principle is the foundation of both
codes of law, and in that principle necessity
compels us (however reluctant) to acquiesce ; but
we must confess we are not quite satisfied with
the reason on which the distinction in the mea.
sure of relief to be given to these parties may be
presumed to he built, conceiving that one party
is entitled to no greater assistance from law than
the other. -

Hut the ground of this distinction appears to
'be that the insolveticy of the bankrupt must be
presumed to have arisen from losses in trade,
whilst that of the iniolvet►t debtor can only

spring from folly and extravagance. Whatever
force there may he in this argument, when the
fact coincides with the presumption, we yet think
it must he granted, that in nine out of every ten
.ceses such is not the case. Besides, It by no
means follows that the insolvency of a person,
not a trader, should have been occasioned by
extravagance any more than the insolvency of a
trader should necessarily spring from losses In
trade.

In proof of this 'assertion take the (oh.'
lowing descriptions of iniolventa discharged by
ibe Insolvent Debtors' Court yesterday,
Merchant, Sheep Salesmanl Cutler, Bill•hroker,
Lightermatz, Gieee.tkaler,Spinster, Postmaster,
-Carpenter, Tailor, Engineer. All these piqs.oos,
...except the Spinster, the Postmaster, and the
Engineer, were liable to the Bankrupt Laws.
after this, can it be contended that persons
seeking the benefit of the Insolvent Act .have
been brought to insolvency by extravagance
rather than by losses'in trade ? This appears to
us conclusive.
In the ramifications of commerce, it would
indeed be strange if persons not trade's were not
often Involved in roils by the bankruptcy of
trader, and in that event it is difficult to Contend
:that an insolvent, not a trader, ought not to be
entitled to the same relief as a bankrupt. , But
even taking it in the fullest extent,' and granting
,that insolvents (ns contradistingaished from bank-
rupts) were in general persons' Who had brought
their misfortunes upon thernselvei by extrava-
...once and dissipation, we do not even then see
how that will furnish any good reason for not
extending to them '(having resigned all their pro.
perty to their creditors) the same full' and ample
relhf which is extended to every bankrupt without
• reference to the causes which produced the bank-
ruptcy. In' this view of the case, we are strongly
tempted to wish to see these two systems united,
awl .the whole Bankrupt jurisdiction taken from
the list of Commissioners of 'Bankrupts, and
,vested at once in the Commissioners of the In-
Solvent Debtor's Court, giving them the neces.
airy powers, and permitting the same kind of
justice to be administered -to all, seeking the
protection of the Court, without any inquiry into
the trading and act of bankruptcy. The diffi-
-talties, which oppose themselves to this arnalga-
don we know are numerous, but they are not
'insurmountable, when both practice and theory
shell be brought to bear upon them.
Such a clse4e is however too much to expect,
and it would therefore be useless to enter into
the arguments which might be adduced to sup-
rot it. We therefore abandon the point ; but
before quitting the subject altogether, we wish
• to point out a distinction or two between a trader
and a simple insolvent, that appear to us both un-
'necessary and unjust.
It is rather an 'od& fact, that in order to be
amenable to the bankrupt laws, a man must,
besides being a trader, be guilty of a dishonest
act. The 6th Geo. IV:, c. 16., recognised but
eleven direct acts of bankruptCy,--AS. 1. de-
parting the realm ; Q. being out of the realm or
remniniug abroad ; 3. deprating from one's d well-
'leg-honse ; 4. absenting one's self ; 5. keeping
holm ;,6. being arrested for a debt not due in
'some cases; ' 7. yielding one's self to prison; B.
•outlawry ; 9..precuring one's self :0i be arrested ;
10, procuring .one's goods to he 'sequestered;
11. fraudulent ' conveyance of lands or goods.
Yet, notwithstrintliog the act of bankruptcy is
avowedly a dishonest act, a certificate of confor-
mity protects the bankrupt from any future.de.
mend of a debt from which he has been discharg.
-oft by his 'bankruptcy Not se with the insist-
is dtsc.harged from prises,
went—he truly
but every de-tumid' tu acnst him 'remains in
its priStine' rigour, not in any way affected
by it, and only reduced by the dividends the
creditors actually receive from Isis estate. A
,notice of intention to take the benefit of the In-
solvent Act does not suspend the right of any
creditor to seize for his own bill, and hehoof any
property the insolvent may have, by writs or

!fa, or elegit, and which he has destined to go
over to his assignees, to be rateably divided
amongst alt claimants. An instance of the hard-
ship of this rule will be found in the case of
Phikp Stutter, whose whole property, even to the
excepted articles allowed by the law, was swept
away in this manner. Besides this, the insolvent
is compelled to authorise a. judgment to be
entered against him in one of the Supe-
rior Courts, so that although his person is
safe from custody, any property he may acquire
subsequent to his discharge can he wrested from
him by execution process, and that without pre-
vious notice of the destruction which is awaiting
him. It is against thiagreat, this cruel hardship,
we are chiefly desirous of raising our voice, as it
only serves to paralyze every, effort of a dis-
charged insolvent ,to better his condition in the
world, and add to the wealth of the nation by
his diligence and industry. It is a rule that is
full of injustice, and to assert that it has seldom
been used, only proves its chilling effect upon the
exertions of discharged insolvents, and how
utterly profitless to the creditors it has been,
and must continue' to be.