Star.
London, England, 1831-04-04 00:00:00

NAVAL INTELLIGENCE.

DEAL. APRIL 2 and 3.—WiThlrN.L mode/inc.—Two Intliamen.
reportedsto be the Powell and Berwickshire, have just turned into the
Downs.

POUTSMOVH, APRIL 2 and 3.—Wind E.N.E.—Arrived his Ma.
jesty's ship Rattlesnake, from Malta ; Proteus, Brown, from London,
fur `'an Dieman's Land.

PLYMOUTH, APRIL 2.—Wind E.N.E.—Arrived Su*an, Burgess,
from Persia.

FALMOUTH, APRIL 1 and 2.—Wind E. to E.N.E.—Arrived Faith,
Archer, from St. Michael's; Brazil packet, Crow, from Trieste;
Calnwick, Pascoe, front Cephalonia; Monica, Stephenson, and Sea
Nymph, Smitth, from Leghorn; Sarah Herrick, Clark, front Tarra-
gona ; and llelen, Scott, from
LIVIRPOOL, APRIL 2.—Arrived, the Maria, Easterbrook, Wil.
mington, and Elizabeth Baraard, liaulis.

LORD IVYNFORD'S FRAUDULENT DEBTOR'S BILL.

FOR THE STAR.
PART 111.
" Ut antea jlagitiis, sic mine
Legibus loborari."
In the concludin., sentence of the 2d part of these obser-
vations, we intimatedc' our intention of giving a short abstract
of the clauses contained in that Bill. We do not profess to
give them minutely; nor have we particularised the few ex-
cepted cases, with their provisos, the insertion of which
would uselessly occupy our columns. It is enough
to say of them, that the general character and true spirit of
the measure continues unmitigated, they rather concur to
envelope the destined victim within its black proscription,
than to exclude him from it. As modifications, they are
fallacious and unavailable.
" The bloody book of Law
You shall yourself read in the bitter leller."—Shakespeare.
Ist. The illusion on which all this rigour proceeds ; the
introductory w EREA S, many creditors are suffering great
distress from being kept out of what is justly due to them,
WHILST DEBTORS ARE LIVING IDLY AND LUXURI-
OUSLY IN PRISON, has been already shown to be of those
grim fictions which are the usual preambles to injustice, an
alosurii:ty so groundless, as not to be honoured with further
refutation.

Such declarations, however, denouncing all imprisoned
Debtors in the mass, by persons lifted up into the high sta-
tion of his Lordship, ought never to pass without reprehen-
sion. Leviter volunt scd yrariter vulnerant—they inflame
the revengeful, they harden the obdurate, they are used as
authorities to deny the eNktence of cruel abuses, and to
palliate the enormity of others. If the humane still feel
commiseration, the insensible are taught, that they are per-
mitted to doubt, to hesitate, while the wretched continue to
suffer and to corhplain.

Happily fur the unfortunates of the learned Lord's repro.
Lation, we have to produce an authority against himself,
which he cannot fail to respect. It is no other than his
own. The most striking contrast will be discovered between
his former language and conduct, when compred with his
present principles and practice. In the first is seen
the greatest enthusiasm for humanity ; in the second, a
marble-hearted disregard to the starving, pioosis, miserable ;
objects in our jails.
The attention of the pitbiic had been for some time en-
gaged
on the glut ing imperfections of our civil code, and its I
eyes had been opened on the atrocities daily inflicted by the
law of imprisonment for debt on the less fortunate classes of
society. The zeal of the Members of the House of Com-
mons had been awakened on the subject. When Mr. Ser-
jeant Best, now Lord Wynford, denounced, with honest in-
dignation, the flagrant abuse made of that law—be then
was the eloquent advocate of the policy of render ing
imprisonment unnecessary, on an honest surrender of the
deltor's property. He supported his principle with as much
force as sensibility. The general sympathy was excited,
and conviction carried into the minds of the most obdurate.
The hon. and learned Serjeant, in the debate on Lord Rcdes-
dale's Amended Insolvent Act, observed, that " to the princi-
ple of this measure he was not hostile. But as it stood at pre-
sent, it made no difference. between the honest and the
fraudulent debtor. It was said to be founded on the princi-
Fie of the cessio bonorum, but not sufficiently so. He wished
it to be carried farther on that plan. He wished to make
this cessio bonorum, in some cases, preventive of the imprison-
ment, which insolvency was likely to occasion. There were
many individuals, for whom passing the threshold of a pri-
son was as severe a punishment as protracted confinement.
The idea of it was revolting to their minds. The present
bill did not qffer these any relief : it did not go far enough.
He wished to present a temptation to a timely settlement;
and to induce debtors, as well as creditors to adopt the means
which could procure an arrangement satisfactory to all par-
ties, securing the one against further loss, and the other
against confinement. He would, therefore, propose a
clause, enacting that debtors rendered insolvent by proved
misfortunes, and coming forward in time to satisfy their cre-
ditors as to their real condition, should have the benefit of
the Act without being sent to prison. If they were to be
confined even three months only, then the greater part of
the money they might still possess would, in that period,
have passed into the hands of gaolers and other
persons, to the real detriment of the creditors."

He then gave a pledge to Parliament and the nation, that
he would introduce his additional clauses, in a distinct bill,
in the course of the Session. Instead of that enlightened
legislation, we have the crude monster before us.
But, impressed with admiration at a promise given to the
public, as benevolent as wise, the writer of the present arti-
cle, in some strictures then publisteo' on Lord Hocks-
tide's Insolvent Act, observed, that " when so much
may be expected from the learned Sergeant's business-
like talents and information, his learning and experience,
he felt cnnfident that the expectationa of the public would
not be disappointed. In the disclarge ofthat sublime func-
tion, in affording protection to the innocent and unfurl:mate
against rapacious, sordid oppression, he would entitle
himself to the proudest triumphs of eloquence and tine!
He might exclaim, in the exalted sentiment of the llonani
Orator, " Quid optari potest, quad ego mallem, quam me,
carnificcm de foro, crucem de camN sustulisse ?"• Im-
prisonment for debt" has been denounced to lamum reason ;
the greatest men have branded it with opprobrium. If the
superstition of the law should inflame the rename of its
bigots, humanity would furnish consolation against the
murmurs of prejudice."
He was then Mr. Sergeant Best, now Lord Wynford.—
But, quantum mutates ab Mo. All those noble sentiments
have disappeared ; and have been succeeded by con-
tracted illiberal notions:. His genuine, enlightened, and
salutary opinions seem to have been carried away, by a tor-
rent of vulgar prejudice,' professional prepossessions, and
antiquated errors, leaving him neither energy of mind, nor
elevation of character to pursue his first generous impulse.
Having said thes much on the preamble, we proceed to
our observations on the remaining clauses.
By the 2d— The powers of the 32d. Geo. 2d. c. 28,
commonly called, The Lord's Act, obliging Debtors who'
shall continue in execution in prison beyond a certain time
land for sums not exceeding what is mentioned in the Act.'
t(TIII: SUM MENTIONED IS UNDER £300.) to make dis-
covery of, and deliver upon oath, their estates for their cre-1
' ditor's benefit, and to subject such debtors to PUNISHMENT
who refuse to assign their estate and effects, or make a
fraudulent assignment, are by this clause of Lord Wyn-
ford's Act, EXTENDED AND APPLIED TO A LL CREDITORS
AND ALL DEBTORS, WHA ELVER MAY BE THE AMOUNT'
"OF THE DEBTS FOR WHICH SUCII DEBTORS MAY BE,
CHARGED IX txrctrtox. All Debtors are also PRE-
VENTED FROM PLEADING THE STATUTE OF LIMITATION.
We approach the consideration of this clause, with no other
sentiments than those Lf disappointment and surprise. Of
!disappointment, that it should be introduced by such a man
as Lord Wynford; of surprise, that it should pass the high-
est judicature of the kingdom, sub silencio, without re-
mark or reprobation. It contains the violation of every
principle of legislative wisdom, of equity, and justice.
This clause, as it is set out in the bill, takes for its
precedent the Lord's Act; and, notwithstanding the lumi-
nous observations which have been published on that sub-
ject, and have fishy exposed its scandalous and barbarous
imperfections ; vet theaaare, in servile imitation, copied to
the letter. The precedent of Lord Wynford, the 32 Geo.
11. c. 28, contains glaring absurdities, and, what is not
unusual in Engliah jhn isprudence, is encumbered with useless
provisos. It enjoins numerous, complicated, and costly pro-
ceedings, with which it is seldom or never in the power of
the wretched objects to comply. These victims of merciless
oppression are often reprimanded and sent back to the gaol,
that had stript them of all the means of satisfying their cre-
ditors. Should the insolvent overcome these costly for-
malities, surrender all his property, and make the required
affidavit, he may be remanded at the will of a single creditor;
he may from time to time be harrassed and brought up, at
the capricious call of a brutal savage. After submitting to
repeated and vexations examinations; when the judge and
the whole court are convinced of the truth of his statement,
of his honesty, and forlorn condition ; yet the power is re-
served to any creditor, at his arbitrary will, reasonable or
unreasonable, on the vile condition of paying fourpence a
day, to doom his debtor to perish of misery in imprisonment.
By the 13th Sect. of the Lords' Act, when a prisoner
complies with all its directions, he shall be discharged. But
the absurdity is, that " if such creditor shall insist upon
sock debtor being DETAINED IN PRISON, and shall agree
in writing, signed with leis name, or his attorney's, TO Pa
A SUM NOT EXCEEDING TWO SHILLINGS AND FOUR-
PENCE A WEEK ; iu every such case every such prisoner'
SHALL BE REMANDED TO THE JAIL FROM WHENCE lIE
OR SHE WAS BROUIIT UP, THERE TO REMAIN IN EXE-
CUTION." Thus it appears, that imprisonment in pur-
peluity was in the contemplation of the law, it having pro-
vided, that in the absence or death of the creditor, upon
payment of the murderoas groats by his attorney, executors,
or assigns, the wretched prisoner should be for ever kept
in.jail.
In buliwithiel jail, the keeper informed Mr. Howard that
he had lately a prisoner, whose debt was six pounds. The
man had a large family, and not a bad character, yet the
plaintiff paid Lim his groats for two years, and thing,
bound his estates for the continual payment of them.
In addition to this wanton cruelty, which furnishes ano-
. ther example of injustice and absurdity being; ever insepa-
ruble companions, the compulsory clause of ther Lords Act
compels the prisoner to give the preference to one or more
creditors to the injury of others.
I To protect frauds, usury, and extortion, can it be neces-
; sere that the laws should lase all sight of v. hat humanity,
nature, and religion, equally commands us to respect?
In a recent case of Capt. Bailey, brought before the court
ender that act, and declining to execute the schedule in con-
formity to its provisions, stating :hat he was ready to make
a full assignment of all his cs!::tes and epees for
the equal benefit of all his creditors; but that lie was not
willing to do that which, by the general tenon: of the laws,
was condemned ; and by some made highly penal ; the giv-
ing a preference to sense of his creditors to the exclusion of
every ether. Mr. Justice Bailey said that the act was im-
perative, that a prisoner under the Lords' Act must deliver
to the court a schedule of his estate and effects on oath; and
give an assignment of them: in default thereof, the party
subjects himself to an indictment, and on conviction, to the
judgment of transportation for scven years. When the
prisoner complies lyith all the provisions of this severe law,
why is he nut at once discharged? Why should he be left
at the mercy of a single inexorable creditor ? Yet, on this
absurd and barbarous statute, is Lord Wynford'a act mo-
delled. What reflections does it not awaken ? What idess
can be entertained of legislators, who are directed by such
precedents, and can derive from such sources the abomina-
tions promulgated in the name of justice?
The reader may probably conclude, that enough has Leen
shewn of these cruel mistakes as to render unnecessary any
further exposure of them ; but the following is a clause, of
which the juridical history of no other nation furnishes
an example—a proscription as repugnant to justice, as it
is revolting to humanity : it aggravates the evil, and
hardens at once the oppressor and the oppressed.—
In every other country the prisoner is alimented by him who
confines, without solicitation, without formality, and with-
' out delay. It must be paid every week, or he is discharged.
In England, cruel and infamous as is the provision given by
the law, yet by compelling the prisoner to swim- it, it is en-
tirely nugatory or unavailable. Mr. Howard, from that cir-
cumstance, did not find in all England and Wales, twelve
debtors who had obtained it. But when he does obtain these

wte!elied yroat.', ..re aufficientto keep the body
of the drooping prisoner alive, for the satisfaction of h titer-
cilesa creditor. It is in the true spirit of the refined et uelty
practised in the torture-chambers of the Inquisition, where
just enough of wine, vinegar, and water, was administered,
as would prevent the sufferer from exiiring. When the in
solvent is sinking under wart, his temporary tyrant does hot
blush at feeling, as it %vete, his pulse, to ascertain how much
of strength still remains to hint. The m-lrer he approaelier
to destruction, the more he retrenches of what might toe-
serve him from it. The law, which doles out. the grouts,
consoles much lees his absolute indigence. than it is success
ful in crushing• him by rendering his insolvency more odious,
more harrassing and insupportable.— In this starving impri-
sonment, thousands are daily lauttishing in the jails of this
boasted land of liiierty, under the eve, and to the disgi'aen
of its legislation. Let it not be supplied that, in censutin
our cruel laws, it is the administration of them that is in-
tended to be reprobated; it is society that we mean to
servo, and the exposing judicial ihiquity is a homage paid
to justice.

Deeply imbued with these sentitm.w.:, 1:;o into the ex
amination of the remaining clauses of lard Wynford's
Fraudulent Debtors' Bill.

We now give the substance of the third, folrth, fifth, and
sixth clauses.

On the bail required lxiMv• reversal of any outlawry :
" That before any judgment of outlawry iu auy civil ;lethal
in trhich a defendant might have been held to bail, shall
be reversed by wait of error, plea, or otherwise, the defen •
dant shall put in and perfect bail ; not only to answer tin
piaintiff, but also to be answerable for the debt and costs of
proceeding to outlawry, in like manner, as buil in error.
And further, in the fifth and sixth clauses-- " Upon judg,
mer.t of outlawry or waiver in action, the Judge may order
the tenant of the person outlawed to pay rent of lands, &c.
into court, and the tenant or tenants not complying with
such order, shall he guilty of contempt of the said court;
and such Judge, having first ascertained, by reference to
lan officer of the court, or by aav other mode,
1 what is due to the plaintiff or plaintiffs in the
faction for debt and costs, and the costs of pro-
ceeding to outlawry, may order the application of the
same to the payment of the debts of such person. This
debt paid the residue may remain in Court, o.• any that may
be afterwards paid into Court, after payment of such debt
and costs, shall be divided amongst such person or persons,
as shall have sued out process against the person outlawed
or waived in any Court of Westminster, and vvho shall have
proved the amount to the satisfaction of the officer of the
Court rateably according to the amount of their respective
debt..

And further—The Court in which any debtor shall be
charged in execution, may appoint an officer to inquiry
respecting the estate of such debtor, and report thereupon
to the Court, and may punish persons neglecting to attend
such dicer when re ;::iced, or shall refuse to be examined,
such Court may punish the person so refusing or neglecting
to attend and be examined as for a c.mtempt of such Court."
By the last clause Scotland, happy Scotland, is not to be
visited with this new criminal code.

Before we proceed to our remarks on the above clauses,
there are two Hints of law contained in the last lines of the
second, so objectionable as to call for animadversion.

In the first, the debtor having been stript of all his pro-
perty and thrown naked on the world, has all his future ac-
quisitions made liable to the payment of debts, for which he
had been imprisoned, and which had taken from him all his
(Alecto. He has given up bis all—what means remain lead-
ing to future acquisition ? What credit or support can he
obtain, when the fruits of his labour might be suddenly
'snatched away to satisfy au antecedent judgment. This
most inconsiderate law, not content with the present
ruin, seems anxious to extend it to all futurity. The past
successful exertions of the insolvent, in their heedless hands,
serve only to render all acquisition for ever after impossible.
—The fewer the resources left to him, the more pains are
taken to extinguish them ; the more urgent his necessities,
the greater are the difficulties with which his future industry
is to be encumbered.

To enact, that a debtor shall leave his prison with a judg-
ment entered up against him for life, is a degree of perpetual
poverty : it is to pass, from the present moment, a never-
ending sentence of condemnation. This may be imagined
to be the tacit language of the law, to the wretched prisoner
whom it releases : " We have held you in chains until we
have destroyed your health, ruined all your fortune, and
blighted every prospect ; we have subjected your body
to every torture, to enforce the discovery of property, of
which we find you have none ; we have now no longer oc-
casieln for it, broken down and emaciated by our expeti-
meats : but this is our pardon. Yeti shall leave you,. prison
only to change your misfortunes. We do not restore yen to
life, to hope, aid to uncrinp!ed exertions, but to discredit, to
distrust, and to disheartening suspicion. The unhappy vic-
tim submitted to our decision is never absolved ; a perpetual
judgment with its merciless execution is entered up. and ready
to fix him in hopeless poverty."
Is not the operation of such a law norm ruineas and destruc-
tive to the debtor, than productive of any probable benc!:t
to his creditor? It is nugatory, as, from its consequences.
the insolvent can by no possibility acquire any property on
which it can operate. There are cases in which we must
choose between evils when they are not to he avoided ; we r,; test
determine whether the attempt at securing a benefit, dis-
tant and uncertain, be not more mischievous in many re-
spects than would be the rescinding an interdictinn of Law,
pregnant with positive and certain inconwenince.
This impolitic and cruel clause is, indeed, a gent.ine
offspring of such legislation as the fraudulent Debtors'
but it is not peculiar to it, and is to be found in ail the
Insolvent Acts. We wiJ, however, venture :o assert, that
not a single creuitor has ever been benefitted by it, and
countless are the meltitudee, e-on hom it has closed every
resource, and fixed in ruin and prif igiwy.— Many of these
remarks on this interesting subject have been made by the
writer of this article on other occasions, but, impressed as
he is with the truth of them, he feels that they cannot be
too often repeated.
The observations on the remaining clauses, with strictures
on the constitution of the Insolvent Court, will be given in
the fourth and last number.

The: Age, Sunday after Sunday, amuses the public with
reasons upon reasons, why the seventy commissioners of
bankrupts ought not to be quartered on the public as pen-
sioners ; and we can tell the writer the: one half of his rea-
sons will perfectly satisfy the public that it ought not to be so,
bat that double the number will not satisfy the Septuagint.
We agree with The Age, that pensions without service ought
not to be g,ninted, even to poor men. They certainly have
been well paid while on such duty as the law prescribed,
why, therefore, they are to have pensions, we are
at a loss to divine. The faults of the system did not
originate with them, but they have seen quite enough of it,
and deserve no pension for withholding their exposure. They
know well that nine in ten cases are brought before them,
not because the parties could not have better adjusted among
themselves, but because some rapacious attorney sought a
job, and wanted the advertisement of his name in the Ga-
zette. If the pension is a necessary bribe to secure tht,
success of the measure, it is another affair—but this we
refer to the Cato of the Administration.