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April 15, 1865.] The Saturday Review. 431 to any investigation with a view to penal consequences in the Court of Bankruptoy. But they seem, at the same time, to have felt that it would be dangerous to let every baukrupt go scot free, or, what is the same thing, to leave it to individual creditors to prosocute him; and they have accordingly adoptod SON tea of eriginalty which wil undoubtedly save the ccxpense of an investigation, though only at the costo injustice, {i jean intelligible proposal that a merely unfortunate bankrupt should veceive is disebarge, and thet those who have got nto trouble by fraud, or recklessness approaching to fraud, should still be left at the mercy of their oreditors til they hhave paid the uttermost farthing. But. to digoriminate the ‘honest from the dishonest bankrupt requires investigation, and investigation costs money ; and accordingly itis suggested that every bankrupt who pay’ god dividend dalle felt with fs houest, and that those who pay bad dividends shall suffer ‘he consequences which atlach to frand. By some reasoning ‘which does not appear on the face of the Report, the Committae hate porsunded themselves that justice, or at any rate con- ‘ene wil be could by giving »dncharge in grey ae arse estate pay 6S i the pony an ening i 6 What is much the same thing, suspending it for six years, Mherever the dividend is of less amount. - Many of the recdm- mendations of the Committee are borrowed from the law of Scotland, butit is creditable to the Scottish statute that this pro~ ject of punishing a bankrupt, not for his conduct, but for his ‘poverty is not drawn from that source. ‘The granting ofthe dis~ Fhange in Scotland, a judicial act, after a full opportunity bas ‘been given to every one concerned to investigate in open court the conduct of the bankrupt. Direct penal infictions it is trac, fre lef in Scotland to the ordinary tribunals; but before this system can be transplanted to England we ought to have a Public prosecutor, who will oo that a grosely fraudulent trader Tall not escape punishment merely because he pays 6s. 8d. in ‘the pound. Before any legislation can be founded on this portion of the Report, oie modification gaust be introduced in {plan which measures punishment by poverty, and not by ‘Tho estence of the Report, however, consists in the revo~ ution proposed in the machinery for the eollestion and distribution of a bankrupt’s assets, The present law pro- ‘Vides two distinct methods of administering an insolvent estate. GOne.df these is by means of composition deeds, worked by trusizes selected or acoopted by thel creditors; and the other by means of assignees, who are equally tho choioe ff the creditors, but who act under, the direction of the Court. A good deal of the discredit which has fall upon ‘the Jaw is due to the fact that the term Bank- ruptoy is applied only to the second process, and that the otis of working wader the Act are cbmmonly estimated by that alone, Actording to tho estimate of the Loxp Cuan Ccuton, the total assets of the estates wound up during the ast year under the provisions of the Act were about four millions and a-balf, of which nearly four millions were ad- Ininjstered under statutory deeds. Not ouly did, these com- sitions ewallow up about seven-cighilis of the whole business, Bot they absorbed nessly all the substantial entates, leaving only the worst class of etses to pass through the Bankruptcy Court in the sttice sng of the word. ‘The smaller the assets are, the larger must be the percentage of expenses, and the consequence is, that the really extravagant: machinery of| fan English bankruptcy appears much worse than it is from ‘the abstraction of tle larger estates. ‘The common com | parison between the cost of a Scotch ‘sequestration, which Fas been variously stated at ffom 12 to 20 per cent, and the expense of an English bankruptoy, which is oom- monly not less, and often: much more, than 30 per cent., is a very fallacious test’of the relative merits of the two systems; for itis not unlikely that, if compositions were so far Chcouraged ax to reducp them to as amall a proportion as ‘hey bear in Scotland, the percentage returns, even under the existing law, would not be very different in tho two countries. Bf the small estates should still be loaded with costs on tho ‘present scale, no good would bo done by merely throwing the ‘whole into one mses, 0 as to imy ea eeu Ss ata lent tows abs Tot au Coes ‘hat small estates ate adiminotered mora cheaply in Scoand ‘than in England, wo shall venture to doubt whether the per- Sexiages 0. ofca quoted hore any bewing en tho rater, |B "here is no doubs that the expenses are monstrous, under the ‘English Act, in all cases where the assets are small; but we are ‘not sure that the sclieme of the Committee will lead to any- thing more than an apparent reduction, and there aro many considerations which need to be well weighed before it can be ‘the whole systom of composition deeds which is now applied tooven-eighthe of the property of imalvent Sms, Is trae that arrangements ‘by. deed are still included among the methods of administration proposed by the Commitize; but the condition ia re-imposed that every such deed shall assign the whole property of the bankrupt, and compositions, ia the amue fa Felco on payment of & guaranteed dividend, 1s well as all inspectorship deeds, aro intended to be excluded from the provisions of the law. ‘This might, no doubt, by throwing ay mor eae ito the regula gure tank ruptcy, reduce the percentage of expenses without any real RD in thd maskieery; ae evan Hf the comnony ‘were real, as well a8 apparent, the feeling of the City must be ‘very much changed if @ practical prohibition of the quieter nodes of winding up would be well received. The groat Advantage of these deeds of arrangement is not their economy fof administration, which is questionable, to say the east, but the proservation of a business which may. be very valuable as ‘ageing concern, though it would give but poor results it “cut, to pieces for distribution. Tt ia often posi ‘ble for an embarraseed trader, with such assistance from friends aa is generally available, to pay his. creditors a larger dividend than his assets, if sold, would realize, and yet in the fend to rolrieve his position and save an established business from destruction. ‘This is done over and over again by means cof the comporition deeds which the Committee would in effect ‘abolish ; and though it is true that trustees under such deeds (and we shoald imagine also under the Scotch system) are often lax in the admission of doubtful debts, the evil scarcely counterbelances the real benefits which have made this mode cf winding up so much more popular than a formal bank- ruptey.. ‘The suggestion that the machinery of a Scotch sequestration should be substituted for that-of an ordinary ankruptoy, which is in ofeot what the Committee propos, may be right enough. No change could well be for the worse, Ind some portion of the expested economy might perhaps be pecured. But this might be done without sweeping away the daly system which has been found to work tolerably; and the ‘of the Committee would perhaps have been better in an endeavour to frame provisions on the subjest explicit enough to stand the criticism of the courts of couinox- lv, which grat put of the exinig statute as been rediiced to an absolute nullity, ‘We cannot take leave of the Committee without noticing what is perhaps the weakest of all their ‘proposals. In Some shape or other it is clear that there must be a Court ‘of Appeal to. decide the difficult questions which constantly frie in the administration of bankrupt estates. Lord West- bunr’s proposal of a Chief Judge was rejected by the jealousy of the House of Commons, and much of the ill-workiig of the statute may be traced to the retention ef the old judicial sca. ‘Tho project of the Committee is far enough from both ‘those plans, ‘They -would sweep away every existing come minioner and official (at what cost in respect, of compan tation it ia terrible to contemplate), and-give primary jurisdiction to almost every Court in the kingdom, with fan appeal to the united body of all the law and equity judges of the Superior Courts, As very few of them would ever find time to sit, the result would be a chance tribunal of fone oF tivo judges, whose decisions would inevitably vary with. the composition of the Court. Of all the posible forms ot fn appellate Court this is certainly the worst that a perverse ingenuity could devise, After the experience of past failures, it is not likely that Parliament will legislate in baste on a scheme ao crade as that which is now put forward; but, hov- ‘ever imperfect ae a whole, it contains some elements which: ray be advantageously worked into the next Bankruptay Dil ‘which a courageous Legislatire may venture to construct ) MB. MILL ON THE PHILOSOPHY oF comTe. IHE present mumbor of the Westminster Review contains an Suaborate arco by Mr. Mon tho pilnophy of Comte Te fll sixty-seven pages, aid contains a careful statement of the results of Comte’ caslior and moro valuablo speculations, in hick” topes Witham acount of the posal (E'Mil's own views. divongo ftom ‘ham, and-of the reas ‘of this divergence. In many ways the article ig ono of the EOL SE es a one ra ae: pete ns ene eee ea Se args ery ae oe ee Seat meee ree amie re! ey Seen eet ree epi ernest ore finally adopted. Its leading feature isthe practical abolition of ‘Comte’s doctrines, Every one who cures about the subject knows The Saturday Review. [April 15, 1865. in gonoral thoir character. ‘Tho onlior and bottr speculations wore | innumerable instanosa that cetain sequences do exit invariably a ES sis etme a the phy Elonce ele sett hor tad Or ee cei to teehee say of te Heggueo ity ight Ppl oe mau ay ad a hLLUmrmr”rrr=— Sing eCopt ei Sat sys fay eigen wisi ics Pep conte es SS ,,rr—=—“‘Pr aaa eset ato ot cami of cone tata, sendin fin met govel ted nttodog farts oi preset rr —“‘EUN hs have soya fe oun, nde hav ered pgs Teeter aha tego tna meas two'ery a ‘Roe Wt get afrnc between Comto an A Mil coat ..—rtrtrt—“—sis—S™sCO_CC Porence af logic "Me, Mi cscs gt tie nap at ESonce consists of two main parts—the, methods of investigaion Smee Tyeete” Hew aoe men taser atone desk Srigeia Whar ot foul sda tey doumnd the coe Se eiog aiakea? “OF Contes sctos in dieuig te trate ques Me Mises th me soe Sr ———C “Es HSE eRe rey hone ch mi bm Eel Be tthipudne dienes of phenomena” No ie fuduiable,” he adds; 19 hie suryey of the most, comprehensive | Brean thes rele athe queon gil repaig When’ ct hae aap helo a9 faow Gatto es? ae Cee alts of Comes atags tt |. —hChrrti“<“C*w™sCs——s Hae pet ang faci etn emai the the ala eae oie pany vealed” the pelle of supa Feet of inductive proof, must be given up oo insoluble. ‘his fiance BOS tepeglnee thee of the word lea Ponca uh ome cy, a He Ah Gert he mau lave wed k nth peso cosy a. aout soa. Ubeaibtcs “tween Mr Mi ad Couts a See hecede Be plan ain at caus alway way a. = =+=«=—C— BUPERMD' manaer’ profced, “Man See probly sppase Se ee SSS, RE Rect" ue ces fetta Se puis oP. Mauttttay lope by ‘eae 2 the seats te er Beads the Nell hat thre saying a... Rotalacom hearted na af uso, ney wan TRIG Nor thos Sr altect forme by ie Movil eel ngs ~~ stespenaitsaed toe Taongh theresa aunt olny mee has acta ines Sod eeemnea yet Wi coe theca enna Sy a eae eyes be wad. ....,Lhlrhrrrrr— ute taf het heboveny plenoteuse whatoyar Spo Sasvaeamsadds fob er tll ca ancl ple at tne ay sn ey pment Bepem dts anil popeon the whlo of us Bey af s is deduced, Glmte's view of the suljeck was’ diferent Ob- cag Unt pore fa foo ascot ie word Scns” the ...,rr:~—~r——C“#E teP‘ulbaleriog th exincr of rch power he egal Us a ....r:C—*s—“—srs—s—sSsC Tansee neh nes iotn ree a coi aad eyes Stack Alam etait ie invocation of ee ee ate dues eure a Wags es Metal napa pe “snate dig! Bom how ives Sees hh Ham ah dni ped he nam Ndipage ese tay ltr te ws feel am igang seatee see wind Uy fees hg word ee popes tneshen tad totes ant we lak ee Mls yet ba MES onan ia ined tela of Msgs a % theo i on Seek eg Tain aves tad poe tr he sumtin en Sneha Saou area opal wil fe iadosd To sistas dae Or Saude eases crcle caput teen eel whlch thar docuas toa tee diet" hoy sige ade el econ ay a ead 6 fark Het Tastan lk i leape wesiig. on can Vlere Seaiecs Uae tin ie ek Gran epi aioe fe ie ee tal ay cles payout eri SM ea oar Meek es Mat Ms Gon oh us sss charndoes io makes po sale oo fet ge aceeraetat dea ts dosed a iy ee eee ee a ie pore Inductively obtained is only then’ proved to bo srue when Bes Or coy aca Oe Cay teres ooo Hesors Gala cla geoealasiee won te mss Pole ae tad tie seats uence Bea crane lege consaay un het Gar GR ete ty try a nt tad Reems ov tye eae iia ays mata oe Seo ye eon ae le Miso tian eet ee tre pa kan ee ane Biot Peony cull te pues i ae ae aw of oe Meenas esl dana ae nie ana i fi os mt of stereo il we ae Ui bo Ssiveralytruoy but it is obviouly posible thet th assumption tony Ho falo™tlat the principle many aot ply, for ‘instanc, in be hoary evils througit which ether tnd even moro foreidable vile had been cast ou They ar, he though, mere istruunenta Gf attack by which the old stete Qf things ras overtbiown but, Ibaving served their tira, they ought to be laid on one aie, Ths ‘moet finportant of these doetraes isthe doctrine of the sbaolute ht of fico examination, or the. dogma of tho walimited Hberty sPrconscienoe." Legal Uberty Comte would. have allowed, but fho moma 2ight of tiem to question the decisions of competent tuthowty he dost. An mot of our ders no. doubt know, by ied fo ae teal power pte satay, Cine Toten to diate fusing tl contin jets ho oper counterpise to the prevailing asarchy of opin. Mr ‘iit has mang excellent obserrdtons on this nibject. Te says, for instance, with great uth, fiat the doctrines to which Comte abjectod vere not merely noyative, but Poste cone Slusious of the greatest Hportanes, ‘The doctrine fbr istance, St Hberty of eonscienca is Hy no tea tobe taken tp mean thik 4 does got-patar what a ten ‘isi, and tage ho i under no ‘noma cbligadon to do, hie bee to form to opbions. Wht ally meat hn Fogle a wasted mr lang fey must not bo. visited. with any hind of-poualtis. what” vey, either in the shape of legal punishments or of mir ensures for holding fuss ones, In ‘other words the truth of « {fs dati shown by exons ob i at ftv, wc. ‘on, end the jotoregt which people have io believing what is treo will be found to form the let security for thle bling Tstcurty far beter in every way than to establishment of any Grganznlon.whaiover, ‘Hisrely ae we agro with Dz, Mill i ‘Hs siow, we doubt whether ho nuflelentiy stands 1 the prosoca~ fon which Comte resiyed from those who, on the Continent have ‘cdvoonted Liberal opinions, Az a attr of fact, thay genorally do asthe dvs not on ald round tat os bows fod ‘hoory about abeolte rights, and the fora’ of their propositions is often to absurd that uo degno of sympatiy withthe eubetanes will fnzely roconeile onto it Tho Pope's Gnéyelical, for taste, ondoray eighty propositions whick eollectivly woke up, ace Supposed to Sunk up, the doctsines of modern Liberalism. Yet April 15, 1865.) The. Saturday Review. 433 nglih Liberal in gonoril would dient from almost evety on8 EP onan whi thoy. randwbslantally wi the option Gf thos who malataa them. ENVY. AMONG. th dogo that wre euch thx dye may may sue the iu, Not a my vn i rata no iabion be och Dn eit ware there period and the Lda or seen cert chametacoanen an art fob ea, Lato ‘itera cade pod to ta he pasion cf en is Dow ta em OT in clout ore oy tho heer of rst of us, ao that any ove who makes sufliciont inquiry of himedlf will eae eit lols nel os Sbcrvation Was enry Tee HoT, Baer ot fn pictues hdenuraes The peat rat eee wugeled hed ao net the daye cf earyre aa ian saya (lute ita tetris, raeiog each, ‘abuts, conepiracies detractions, Whether it feoaly a lull ox not— whether there may be some enormous envy ‘brooding in secret ‘and Tatts ie a aaredtssometanes iste © pabte ear Bee ho pate eat it hoo fen bien, “We do fot a0 ety tea in etal and ualluheg prominence wy ie id in ok fury 2 sha monareion om Semper coos of pares ae ure roca out yet hisiae tose it wou not Seg ane now tomy oe duane eu ttn nl Seer as Soul very appropsataly did in bis day-—seloctng the fetus Bg Li on outs ood the tno of bis tane tof rae ied ‘nerions wo all apt epey eo Ung hat an ed oan anes tho hod county gene Tie Sle ete farmer" Toro tho coun, Uo pos a ato cavy inal satan, buc we retina some Lt wea erwwal The fvour of age iy ot the godlike iafushee woe So i nuriaperunge of any ort ens nga forma. Finaet pesto Ease eye be chject of puignse anbiton Fu tee Poe ofpatonngy aso etl eney head quater; tut aa esta rou now eat cele eoguanisity in pune 2 Pao much Seeizo tant cho inser mea fore tone HEN? el cel’ Te felt hat ie doesnot dot tlow prvats se i grain ewny which wes onco aud fo be uinowt cae beaten Doey ust bo hope out of other mers SANE, Guet ar align dros hep under ttn ot fo bo Pea tenting tins Sith the manele ‘Nore envy the ras tae at ogplantin nt enco ws Whatever went trang und te be ltd ang matter of cura oth wns of cary. Re wEaatate gens a well ae eath om ave, conta, 2a, Samra! allmce at down to envy, stan a nes ot atid satus every denise to Poon tous Spenser, aaeert Soe oauy Cours pogo fry made on BG Tae SSPE ge bs some rry eel portage of Us vy, cvidently attributes all criticiam to this one motive, as where he Suu up enna mien id ee evr of ous pats wt oan SS rs pa ‘Bacon treats envy as a matter of course, as an attendant on success Basse Ruarieddettst end proprcecd by cxf domme, ee, Seats an ie graf tet the eerie an Would BS the edyPou fol hoteles were turned Ho even propoessoms they unkuaduome aedgen ouch ae eb up tome clog Wom the ond oye ttl fall wlier tho moro wary esses ‘Ben Jonson vould not be without detractors:on any account, say bag, ho ono weal of ectevan tha he pofees asec ‘So pe ane ms wach bo ns deni Wo mae ae EAS oor loan of ls date ane ton sl nlogt a sg Dee 1 om en ot ean it enol tp ngage ie tet may pet tele nous thet euemiee ie noth. but Pyauasedih "Scat thoy boow tho tarns e's pu age, toata about enoniet fa e oy of proving tht thay bare cit Susan, “Wo ereneteqloe thet eur nny not ell do many Sultana’ Geil inking pore content co May ot Koma and vill always bo an active principle; but false or an ill- ‘natured dzmumption eannot work the seme inischfef in our freor cizteate of opinion es format, and porhap there are fower people ‘whose sole business it is to’ watch thelr neighbours. At all rout we, Blleve that many people tal thy of eueaoe who oul ant brag th charge hwo to a siggle 20 : "Yot, thougi exry doesnot in thes fies of order end diffased socwibge a Sy oon own down yp awh wh tore fieameata tan cay when gresness and promerty abso- Intely hg onthe favour of one or af cot in ot Gigs emag fst king. ea enw ll ot rng Snug exstplo, each an tho prosperous eaves, who bids the ‘hole world and off wile ho! tates every manta place, thrsta Himel isto overy mass busine, pend ll exalea another tua persona affeat and “pat and Hows, and swells "asf the ‘world id no give i enough ‘elbew-room, or an the eraeome, Tiserable exven) who te all avy, eal who fre and mayen ab Eon oti agony, a endy 0 Bat aotar fale ood THis ta net the Bey or say sopra Vien oF vies to secepy the, whole soul; men. co mre complicated pions of ‘machinery than they used to ’be. Nobody, as st seems to us, ‘epresents any ono quality now. It does not occur to us, for eximple, thet we Inow anybody envious enough to be made lean by it, which is indigpenseblo with typical onvj—as ‘Lass-fuocd Eavy In he lations cave, afew, it comes in our way | thi ‘and lean Cassius. We know nobody so made up of the component ‘arts of onvy—hatred of whet is oxcellent as being another's, and fet been il nol bth is fod dos not noi j but wo see touches of both in comely fair-proporti ren! ‘Wo'leam that ie is pouible. to -entertain. both. thees fentimenta at intervals, and tho digestion not to be the woree for it It inolll very common case for a man not to rejoice in his neighbour's prosperity, and to take his misfortames, with serenity only he i noveanlered eoured ‘Thersites, but our friend, tad ajaan of met. ‘Though nobody in ell envy tio tho rarest thing in the world to find anybody eo wholly fro from it as to be thorvéghly, unafestedly, spoutaneously plessed—without any 12- ferenge to tll, and with no eelf-eomparisons—et the good fortme of others, a fact, ‘while envy ie not the active malignity that it ‘used to be, it ie very possible that, with cultivation of mind and aifubed chought, ie may be more universel:— ‘For ail there goes come thinking to Matar. avy must always bea temptation to minds overorked and over Henne hll tna! encom inapva foster fe AuSory Ilody aro consantly charged with ie unjanyy, becaao the Shoerter came eo fir enough sala bed nos is a al, coe~ wir oad carias with ia air of knowing the worl, ‘ia ‘eit wane eth enny bec hs edvsed Pop fist wall, lone and aot foterpolee th hw tape. of the Eecle™ the ubugh fe" Bacaey of ein bat = Sich aga famperng wath a Happy fet tha every erie Yrould Lave odviced tuo ea, Lt ware mere valgesnjenticn £0 Tei at envys the poet know better tann tha cat hak was al ‘Bat Shere cae wero envy tansy sa toe excel frceus feb tonsperont and draco iy notlng wore Walter Etvege cantor wes furouly envio of Wordsworth wen be got edit ir tho celsratel se of the tell sad Lando®’s Sn nm hed pusal unpticd; end Wondswecthitel i sted ero im the lig vxid ave Hed star for Ponty Sete tite ho Gide ety infects authorship on th ol, Eon ts caolvtng, roxad of vous Favouriae sil aye tary tal be envied so Tayouites now are not the erxtara of ‘Fngofbut tho pot veto of tio doy. Toro ivan ate n= Trotcueat ia fio menners of author tooo anther, bt er Boy aad thea certain awiomand appearances prove” tht, Gord Beliar es soue ira ot why engl te tual mn, - ‘Gury ls over joined with o compring of « man’ af and a Seri ve eae omy ms i RI settety eae to thew souperdonss hee it Sat ne Srmetinen delat envy ix minds which we might have mppomed Stqont ethers tobe Soponer to ‘Thay ae too all of spre Icon on motives foo disried in eeledarpeotion and the-whole Dustns of competnn form shi an ng eon Serainy pushed tofu of mee abit of elf-reftrene the mind ‘which Yin the proctce of setirsing to sll, comparing other Thing with elt heher in he mater of fesliagn mote pore Honccopees or pocsion, nape. oney. Whenevet Garo Irie labicof quicetrmatnn fromthe genuai to the patealen, Triergre pool cannot range in deuston and ingly ikon io Slo 2h Now il a Baty sr betny utendeacy 6 emg aod wil Hod somethin fe gmidge in every body el's fortine, like that ahowmen in et Mattes ‘ri on hearing of child bora th te ends Giads Now Uy’ oar dog of ing, ewok Clie cy to hv hi ting evi Tn er ayo ery clas eave every other, to" poor eury vay man ttbre thom, the sich gragge all to those Below them but in. Berna cif hing Tole taal to te woe Infereea more immedinely clay nd Sa prosperosa mon fe eat coupicunus in then ho bate afained» begnt they sono Huey to arpa, Mon of obo ih are noted fo bo earous ot ret” "Hence the standing envy of Iadownere ab ho toe [nthe uocil otal of usessd micros and tredey the one Sano re ft te advance af to othe but tho ciganco berreen Tom is altered. “A ich merchant fo epea of a modertaly tadoed tarsus ie oon grayed” he thoshands. for no other eaten thea berets they Help fo span hig ditzoa, Bi John Stun Llp fecling himsl?eoichow'a lotr by sho eter gal fai does anything ‘but ree a: his ash , Bakucetnns ot enty often fond from the faling Gy Ht te Datura! objec. of doe. Nobody out of a Dookenvies every: yp puontaly man lag hdr whl Spe scl; ao fo may. vo by potiog the gates els sho Syromen in taay finery. co not fone through the aie oF Ea youl ing te de oe eapenoy brooches round the cost have an intel Prbaer atetcued i rans Men int fata gular ‘where he lies andthe waircouis shor cultvetad asta, ‘ven the icles gay a nic 6 ye aud vente ot co walsh com sip eli ty se ere feng by eral of ‘oil datndSoe. “But the genver eam of ‘ot dont ags a hn Ths dig we of ka ir ing, remarkable for her own soit of mind wihing 2 endow het hercine with some fat forthe ako of tho loson, maken CGId' of fen enny ber bother or being els 20 the fa felts ‘dat apr’ Weorg ber murory. wanlbvae Tt io net i dian chided, expecially iho, t0 Gage landed property