usage could be permitted to exist under the sanction of law, which places a man, for no crime but poverty, at the mercy of his creditor, who is at once made judge and executioner in his own cause; and, at his mere discretion, may imprison his debtor for life-not because he has acted dishonestlynot because he has withheld any part of his property-(for that, if proved, would be a capital felony) -out because he cannot pay that of which the law has deprived him of all possible means of payment? The consequence of this state of the law was, that a debtor, against whose integrity there is not the slightest colour even of suspicion, may be sacrificed to the caprice or malice of an individual creditor, with whom he may have been a competitor in trade, or to whom he may have, at some former time, given an offence. In honest com missions of bankruptcy, such instances most frequently occurred; but in fraudulent commissions they rarely happened. The scheme of oppression was generally directed by some one or two rapacious creditors to extort money from the bankrupt or his friends. He spoke not from conjecture, but experience in the course of practice, What then was the temptation held out to fraud on the bankrupt, who was often induced to withhold part of his property from his honest creditors, in order to bribe the rapacity of some merciless individual amongst them? It frequently happened, that when the bankrupt had not money to pay for his certificate in this way, he found means to effect it by another species of fraud, namely, by permitting the creditor whose obduracy he feared most, to prove a larger debt under

the commission than really was due to him and it was only yesterday that a case of this sort occurred within his observation, where a man was refused his certificate, because he signified to one of his assignees, that a principal creditor was about to prove a larger debt than he had a right to claim, and who, consequently, refused to sign his certificate. Such were the effects of a law which constitutes a man judge and executioner in his own cause. Another evil was, that until a bankrupt obtains his certificate, he cannot be admitted as a witness in any thing that concerns his estate. Here again was another impediment to his certificate, as it often happened that the creditor upon whose discretion the grant of that certificate depends, was engaged in some contest about the bankrupt's effects, and therefore wished to keep back his testimony by withholding his own signature.

In fraudulent commissions, there was neither difficulty nor delay in obtaining the certificate; but the oppression fell for the most part upon the candid honest bankrupt ; and the misery and oppression cast upon numbers of families, by such means, was inconceivable to those who were not witnesses of their effects. In 1805, there were 940 commissions of bankruptcy issued in England, under which only 405 certificates were granted. In the last year, there were 1084 commissions, and but 601 certificates. In the last 20 years, out of 16,202 commissions, there were but 6597 certificates; and yet the only measures of relief granted by the British parliament, since the reiga of Geo. II. to bankrupts refused certificates, were first, in 1772, a

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clause to enable bankrupts to petition the lord chancellor for redress; in 1778, a similar provision to enable the lord chancellor to grant certificates when unreasonably refused by the creditors. It might be asked, what there was in the state of the atmosphere in this country in those years, that render ed redress to those unfortunate men fit then, that was not equally fit now? In Ireland, bills were passed by the parliament in 1786, 1797, 1799, and 1800, for the relief of uncertificated bankrupts in like cases; but since the Union nothing had been done; and the uncertificated bankrupt in that country remained exposed to the same oppressions as in this.

The remedy he would propose for this grievance was, not to take from creditors altogether the privilege of refusing certificates; but if they continued so to refuse for a lapse of two years, then the debtor should be at liberty to petition the lord chancellor for redress, allowing the creditor, at the same time, to lay before the chancellor the grounds of his refusal, upon which his lordship should decide; and upon such proceedings, as the debtor only struggling for his liberty could ill compass the means of expense, he trusted there would be no objection to exempt him at least from the cost of stamp duty; an impost which, on the proceed. ings of law in this country, had the most mischievous operation, and was highly unpopular in every part of the nation. This right to petition the chancellor, it was his purpose to extend to all bankrupts who had been now for two years refused their certificates.

There was one other point on the subject of the bankrupt laws, in

which he hardly expected any great portion of the house would concur with him, namely, the wish to alter that heavy severity of them which awarded, for the concealment of effects, the forfeiture of life. As he proposed a measure of redress to the honest bankrupt, he might fairly be asked how he would deal by the dishonest. He feared his opinion might seem a little singular in the measure he would suggest. It was to take away the capital punishment, which had the effect of rendering the 5th of Geo. II. in 1732, a dead letter, and, by rendering the law less severe, to secure its operation. There could be no doubt that, in the period of near 80 years since the act passed, innumerable and gross frauds had been committed by bankrupts under examination, by which they had forfeited their lives, had they been prosecuted; but the horror of the punishment, and the mercy of the creditors, defeated the severity of the statute, and secured impunity to the delinquents; for, from that time to the present, there had been but three capital convictions: one of these was in the year 1759, where execution followed, and another last year (the case of Bullock), where it afterwards appeared that facts in his favour might have been proved on his trial which were not proved: and his sentence was arrested on the opinion of the twelve judges. No doubt a bankrupt who concealed his effects incurred great moral guilt: still he was not a man who surrendered voluntarily, but by force. He had strong temptations in the apprehension of distress and misery to himself and his family. But where, it might be asked, was the impartiality of the law, which would con

Яgu a tradesman to an ignominious death, for a fraudulent concealment, to even a trifling amount, from his creditors, while the gentleman of birth and education, moving in high rank, often retired to a giol, to spend thousands of the property of himself and his creditors, and refused, with impunity, to pay a shilling?

With respect to the bill he now proposed, he did not mean to precipitate it, but would barely move to have it printed after the first reading; and he would postpone the second reading for a month longer, if necessary.

The honourable and learned member concluded by a pathetic picture of the accumulations of wretchedness that had been so many years sustained by deserving families, consigned to beggary and disgrace, through the severity of the bankrupt laws and inexorable creditors. Had some such bill as this been passed early in the present reign, what misery to thousands would have been prevented! what valuable exertions of talent and industry would the country have gained! How many honest hearts would beat high in the reflection of having, by industry, surmounted early misfortunes, and have exulted in the osportunities of discharging with honour those engagements which persecution and oppression have rendered totally impracticable! He concluded by moving for leave to bring in the bill, which was agreed to nem. con. The bill was brought in, and finally passed into a law.

March 6. Mr. Whitbread, in rising to bring forward the motion respecting the conciliation with America, of which he had given notice, observed that the question to which his motion referred was of such importance to the dearest

interests of the British empire, that he could not too solemnly claim the attention of the house to the state of our relations with America—to that chain of causes, that series of events, which had led to the present situation of the two countries, and which might terminate by involving them in a war, unless arrested by the wise und temperate, but effectual and salutary, interfe rence of parliament. America, it

was true, was not arrived at the fulness of her growth, yet had she already shown herself

"Non sine Diis animosus infans."

She had risen with a gigantic strength; she had broken asunder the fetters of this country; she had, in the plenitude of British power, forced us to abandon our claims upon her, and to acknowledge her own independence of us. Yet had America not used that strength, which she had thus proved, to oppress Great Britain, which wished to oppress her, but to assist Great Britain in the moment of her trial. America was the power, which, if allied with us, would enable us to cope with the living world; and now that Great Britain had the liv ing world against her, with the exception of America, there could not be a doubt of the expediency and importance of any measure which could tend to the close and intimate union of the two countries. But the statesmen of the present day, uninstructed by experience, uninfluenced by example, unwained by events, seemed to rush blindly into that system which had already torn America from the body of the British empire. America had proffered to us to unite with us in the struggle; and yet where the object was of such consequence, our government had rejected her proffer, and upon a false point of

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rence), with whom he had uniformly the happiness to think and to act; but now that Dr. Law. rence was no more, he might be permitted to pay the tribute that was due to his integrity and his talents. Whatever distinguished individuals may remain, either in his particular department, or in the more extended branches of his profession, he was convinced that it would be admitted on all hands, that in Dr. Lawrence that house and the country had lost a vast fund of knowledge, an exemplary instance of public virtue, and as large a proportion of political integrity as had perhaps ever fallen to the lot of any individual. (Hear, hear.) Anxiously did he wish that he could have the support of that great civilian on this question, or that he had left his mantle to any person to supply the loss of his great authority. Yet feeble as he felt himself, and inadequate to the task as he must be, to the combat he should go forth, armed with his scrip and his sling, and enter the lists with those mighty Goliaths whom he had to encounter. But in entering the lists against them, he should beg leave, as was the practice in the chivalrous ages, to make a few preliminary stipulations. First, he should stipulate, that when he acknowledged himself the advocate of America against Great Britain, upon a conviction that justice was on the side of America, he should not be taunted, as was usual, as the advocate of the enemies of this country. In pleading the cause of those who were right, if he could obtain for them justice, he felt that he would be pleading in effect for those who were wrong. He had pledges and connections as dear as any man to bind him to his country: and though he might plead the cause of France or Ame

honour. The result was, that we may, at this moment, be considered as on the eve of a war with Ameri He was aware of the great influence which all questions respecting our external relations had upon the interests and internal situation of this empire; and though he was ready to admit the importance of the subjects which had been submitted to the consideration of the house by his noble and right honourable friends (Lord H. Petty and Mr. Ponsonby), he was still firmly persuaded, that the question he had that night to bring under the consideration of parliament, was of paramount interest and importance: because he hoped that the discussion of it would lead the government to retrace all its former errors, to heal all the existing differences, and to adopt effectual prospective measures for the establishment of a permanent union and good understanding between the two countries. (Hear! hear!) It became that house to interfere with its authority, because the right honourable gentleman (Mr. secretary Canning), aided by his colleagues, had closed the door against conciliation with America, which was not now. to be expected but through the authority of parliament. He well knew that he should have great authorities in that house against him on this occasion: one honourable and learned gentleman (Mr. Stephen) he saw In his place, and another right honourable and learned gentleman (the master of the rolls) he saw just entering. He was fully aware of the disadvantage under which he should labour against such authorities, because unhappily the force on his side had been diminished. He had to lament that he could not avail himself of the authority of that great civilian (Dr. Law

rica against Great Britain, when justice was on their side, he trusted that he would not be the last man to vindicate the honour and true interests of his country. Here the honourable member went into a most elaborate, forcible and eloquent discussion of the subject, in which our limits do not allow us to follow him. He concluded: When we had enemies all over the world, when we were to have the French navy, the Spanish navy, the Dutch navy, and all the naval population of Denmark and the countries on the Baltic, united against us, he thought it would be most impolitic to go to war with America also. The house should recollect the situation of their merchants, the debts which were due to them from America, the diminution of their exports and imports, and the increasing distresses of their manufacturers. They should recollect that we are a people of factitious greatness; he meant by this, that we could not be so great a people, or hold the same rank, without commerce. France can exist and be powerful without commerce: America can be great without commerce; but if England should be thrown back upon its own resources, how could its navy be supported, or how could its people be fed? Those persons who thought lowly of the American character should consider, that neither Great Britain nor France, ancient or modern times, had scarcely produced a man who could be compared with the illustrious general Washington, or few philosophers could rank so high as Benjamin Franklin. He could not avoid addressing the moralists in that house in the same language that the illustrious Washington addressed to his country when he quitted the

presidency: "Observe, above all things, good faith and justice to all nations. Cultivate peace and harmony with every country. Religion and sound policy alike dictate this conduct; and by pursuing it you may set a noble example to the world." He was convinced that, by pursuing a proper conduct towards America, we should have her on our side in the great struggle in which we were engaged; and he deprecated the forcing her to associate herself with the enemy. He then moved

"That an address be presented to his majesty, humbly represent ing, that whereas certain decrees respecting the trade of neutrals had been enacted by the enemy, in consequence of which, and the alleged acquiescence of the neutral powers, his majesty had been advised to issue certain orders in council, which were afterwards confirmed by different acts of parliament; and that the American government, alarmed at those acts, did. order an immediate embargo, which they afterwards offered to take off; that it appeared to this house, that such an offer on the part of the American government was just and equitable in its principle, and highly advantageous to the interests of this country; and that there was reason still to hope and believe that every difference with America might be amicably and speedily adjusted."

Mr. Stephen answered him with much point, and several other gentlemen spoke on both sides of the question.

Mr. Whitbread replied: and on the division there were