The Sun.
London, England, 1842-08-08 00:00:00

From former discussions on.this subject, it must be in
the recollection of their. Lordships that circumstances
might occasion a difference in the number of crimes
in.one period in Ireland as compared with another,
without any cause for such being attributab'e either
to the system of Government, or above all to the sys-
tem of the administration of the law adopted by the
heads of judicial authorities in that country. It was
true that more of these atrocious crimes had been com-
mitted in the first six months of the year
1842, than in the corresponding six months.
of the year 41. at least as appeared from the consta-
bulary returns. It might happen that the con-
stabulary were more active in bringing such
offender to justice at the one period than at the other.
and that was a matter not to be overlooked in the
consideration of such a question. With respect to
the Noble Lord's observations relative to the trial at
which the Chief Justice had presided, he (the Duke
of Wellington) would only say, with respect to that dis-
tinguished individual, that there never was a man
more respected or more distinguished in his profession
than that person. lie (the Duke of Welling-
ton) would hardly believe that that individual
could, in his high position, be guilty of the
injustice of acting more like an advocate, than as an
impartial judge, in a case tried before him. With
respect to what had been said relative to the ad-
mission of a witness, who had admitted that
he had enticed men to join the ribbon conspiracy,
and that he had been so employed by the Magistrate,
that is, he had to say that the counsel for the pri-
soner, who, during the trial, had made a charge to
that effect, had withdrawn his charge subsequently.
Nothing could be more base than for the Magistracy
to countenance such conduct as that of the witness
Hagan. An inquiry into the matter had been di-
rected, and if the charges were found to be true, the
parties would be visited with punishment.
The Marquis of CLARINCARDE was happy to
hear what had fallen from the Noble Duke on this
matter. With respect to what had been said relative
to a high judicial functionary in Ireland, if the charge
such as it was reported in the newspapers, were cor-
rectly given, it would be the greatest misfortune that
could befal that individual's reputation.
The Earl of WICKLOW said it appeared to him
unjust to make those charges on u mere newspoper
report, upon which it was evident the Noble Marquis
founded his censure of the distiguished in-
dividual to whom his observations applied.
With respect to what was said relative to the Magis-
tracy he (the Earl of Wicklow) knew by experience
that the people of Ireland placed confidence not so
much in the religion of the Magistrates as in their
high character and station.
The Earl of GLENGALL said that it could not
be doubted that there had been a great deal
of outrage in the last few months. But when
he sat on the other side of the House,
on the many occasions on which he had
brou?ht the attention of their Lordships to the state
of crime in Ireland, he told them that although there
was an apparent tranquillity yet it was delusive, and
would not last long, for the seeds of sedition
had been sown, and would ere long bring
forth their fruit, as was it the fact.
The Noble Earl (Fortescue) shewn that
there was an increase in ti.i s year, as
compered with the last. But he (Lord Glen-
gall) would show that there had been a
constant and progressive increase of crime from
18:38 to 1842. (The Noble Lord read returns
which he argued made out this statement.)
The returns produced from the constabulary did not
show the actual amount of crime. As an instance he
said that during the election in 1841 there
was a riot in Tipperary, at which eight peo-
ple were shot, and died of their wounds ; but
they were carried off, and the wounded were concealed
and the dead were burned, so that the police were un-
able to make any report. This showed how far short
of the truth the returns fell. Now as the Noble
Earl (Fortescue) took credit to his Government,
for having conciliated the regards of the Irish
people (meaning, of course, the Roman Catholics)
He would show this by reading a speech delivered at
a public meeting by Dr. M`Hale, the Titular Bishop
of Tuam, soon after the dissolution of the late Govern-
ment. The Noble Earl then read an extract from
the speech referred to, in which the Rev. Doctor re-
probated the conduct of the Whigs, and expressed his
rejoicing in their downfall, in terms which provoked
the loud laughter of the House. " They were a
peddling despicable Ministry—they were the pre
tended friends of the Irish people, but really the in
sidious enemies of the nation and the Catholic reli,
gion, and the zealous, though secret supporters of tha
Church, to which Ireland owed all its miseries, &C."
[LEFT SPEAKING.]

HOUSE OF COMMONS.

BANKRUPTCY LAW AMENDMENT BILL.
Mr. BECKETT (in continuation from our After-
noon Edition) said—He hoped this measure would be
put off until next session, in order to have a Committee
appointed to examine into the subject. He thought that
the promoters of this Bill would be disappointed in its
operation. He should certainly endeavour by every
means in his power to procure the postponement of this
Bill. If he should not succeed in that he would then
bring forward a motion to restrict the towers of the Com-
missioners. He would now give notice'that if he were
defeated in that he would ask for leave to introduce a
proviso enacting that the Court of Bankruptcy shall an-
nually lay before Parliament an account of the total
amount of their receipts and payments, and of the ba-
lance in hand, distinguishing the accounts of each
official assignee, and the sums paid and received by each
official assignee on each separate estate.
Sir JAMES GRAHAM was surprised at the at-
tempt now made to postpone the Bill The subject had
been discussed a short time since, and the House had
expressed a strong opinion that the Bill ought to be pro-
ceeded with this session. The Lord Chancellor pos-
Sessed strength of mind, but still he could not forget
the great opposition which every attempt to reform the
Bankruptcy Courts in the country must give rise to.
He could not forget that in the country there were 740
local Commissioners, all members of the legal profes-
sion, possessing great power and great influence, and
'who would naturally be opposed to any alteration. His
Hon. Frienkwould admit that if there was any person
more iudisposed to change than another—though he at
the same time possessed an intimate knowledge of the
subject—that person was Lord Eldon ; yet, what was
the opinion or that great man, when he first held the
Great Seal in 1801 ? Lord Eldon said that the abuse
of bankruptcies was a disgrace, to the country, and it
would be better to repeal the statutes, than to suffer
them to be applied to such purposes. There was no
mercy to the estate. "As they are frequently con-
ducted in the country, they are little more than a stock-
ill-trade for the commissioners. the assignees, and the
solicitor. Commissions of Bankruptcy were treated as
matters of traffic, and unless the Court held a strong
hand over them, particularly as administered in the
country. they were as accessible to as great a nuisance
as any known in the land." That was the opinion of
Lord Eldon in 1801, and tl.ose who differed from it
were bound to show what important change had taken
place since. Those who dissented from proceeding with
this law, must prove that the change in the old system
had been productive of no advantage. They had autho-
rity for extending the change to the rural districts ;
they had had exprience of the nature of the change in
the metropolitan districts, and he contended that
that change in principle and practice was equally
applicable to the rural districts. His Honourable
Friend had referred to a case which he had
formerly cited, and if such a case could not be
denied, he thought Parliament was bound to provide a
remedy before it separated. He had received a deputa-
tion from the City of London, including.three of the
Members of that emporium of the commerce of the
kingdom, and they all expressed themselves
satisfied with the measure. They said that the
appointment of the official assignee at first was
viewed with some suspicion, but that it gradually
rose in the public estimation, and the strong hand
of the Chancellor being over them, means were
taken to prevent abuses, or rectify them. But
notwithstanding some irregularities had occurred in
practice, they one and all assured him that the trading
community in the City of London was fixed in favour of
the official assignee. Now he (Sir J. Graham) said
upon the opinion of Lord Eldon, so strongly given forty
years ago—no correction then having been applied--a
correction having been applied in the metropolis, after a
ten years' experience, the result of that experience being a
general satisfaction and benefit of the community—he
said that they would be acting an unworthy part if they
refused to apply the remedy which experience had shown
.to be good ' • and they should be acting, as a Government,
an unworthy part, having brought that measure so near
to its conclusion, if they hesitated for a moment to pro-
ceed with it, and though he entertained the strictest
respect for his Honourable. Friend, he must say that
his opinion had not in any degree beon shaken, and he
felt it to be his bounden duty to press the Bill on the
consideration of the Committee, and he hoped in the
present session of Parliament to be enabled to send the
Bill back to the Lords, from whence it came.
Mr. B. WOOD believed that very few men in that
House were inclined in favour of the present Bankruptcy
Law, and their great object now was to get a law as good
as could.be made. The present Bill had been before the
House only ten clays, and fur that reason he hoped the
Right Hon. Gentleman would consent to postpone
the consideration of the Bill- till next session
He thought that they ought to have some greater check
than was given by the present Bill. If the Solicitor-
General did not think that the words he (Mr. Wood)
employed • were sufficient, be would leave it to the
him to alter them., With regard to documents, he
thought that the trading assignee should sign them with
the official aSsignce, which would give greater security.
At preSent there was no protection at all. lie must
therefore insist upon the amendment he In d proposed.
Mr. HARDY. could not see what reasonable objection
could be made to the proposition of the Hon. Member for
Southwark: He considered the whole of the arguments
of the Hon. Member for Lambeth founded upon fallacious

premises. It should be provided that in all, cases where
the official assignee received a larger sum than the
amount of the security which he had given there ought
to be a trade assignee to accompany him and give a joint
receipt for the money. All he wished was to have a
check upon the official assignee, when be received more
than the amount of his security. Ho thought that out of
justice to the 740 Country Commissioners, the Eight