THE HISTORY OF TIIK COMMEECIAL CEISIS, 1857-58. AXI) 'lUB STOCK EXCHANGE PANIC OF 18of). THE HISTORY . COMMERCIAL CEISIS, 1857-58, STOCK EXCHANGE PANIC 1859. BY D. MOKIER EVANS, Al'THOR OF " THE COintERCIAL CKISI5, 1847-18," " FACTS, FAILVKES, AND FBACBS,' ■£"10. ETC. LONDON: GROOMBRIDGE AND SONS, 5, PATEENOSTEE EOW. MDCCCLIX. L O N n O N : TTIOMAS IIATiRTLT), '''yt(^^'^ SALTSBUKT SQIAKE, FLEET STBEKT. HE. 3717 U57 E5-^ TO ARTHUR ANDERSON, ESQ. AS OXE OF TUE P1U^■CI^AL REPRESENTATIVES OF THE MERCANTILE AND MARITIME INTERESTS OF THE UNITED KINGDOM, \ rii THE HISTORY OF THE COMMERCIAL CRISIS, 1857-58, llcspettfullg |nsmhb THE AUTHOR. I I ^ 42G769 TO THE READEE. The " History of the Commercial Crisis of 1857-58" is now presented after some short delay, the labour entailed in the arrangement of the work, and the care requisite in seeing it through the press, having been considerable. While the volume may be regarded as exhibiting, in particular, the special career of the great revulsion experienced at the close of 1857, it also contains a retrospective glance at the several similar " dread visitations" which have occurred since the remarkable epoch of 1825. It may, therefore, be said to trace the financial history of the country for more than the last quarter of a century. The connecting link between the Crisis of 1847-48 and that of 1857-58 has been distinctly preserved, and the materials collected in the Supplementary Chapter and the General Appen- dix will, it is thought, be found useful to all who may be engaged in banking and mercantile pursuits. The causes and effects of the Crisis of 1857-58, which is admitted to have been the most severe that England, or any other nation, has ever encountered, are set forth in a plain and intelligible manner, the Report of the Parliamentary Committee clearly demonstrating the rise and progress of the system of business which first caused the inflation, and which, when it could be no longer supported, terminated in the ordinary, and on this occasion fearful, collapse. Whatever defects may exist in the banking system of the United Kingdom — and its most ardent supporters will allow that modifications may be essential — the operation of the Charter of 1 844- cannot be held responsible for the great mischief which followed the over- trading of 1 853 and the four succeeding years. But although the Crisis produced svich injurious results, and the consequences were very alarming, the material wealth of the country was not endangered — a cir- cumstance since established by the recovery and steady revival in business. The basis, also, on which trade was carried out VI TO THE READER. appears to have been more substantial, the final liquidation of many of the estates being less unsatisfactory than could have been anticipated. During the progress of the book, and when the writer imagined his task Mas nearly at an end, the commercial world was surprised by the panic at the Stock Exchange in April and May, 1859. In accordance with the suggestion received from more than one friend, it was considered advisable to introduce a short chapter on that topic, accompanied by the extraordinary fluctuation in prices which then took place, in order to preserve, in a succinct form, a record of those startling events. This has been done in a manner which exhibits the frightful transition then experienced, the facts having been obtained from the best sources. In the presence of such a mass of statistics, it may be ima- gined that some few typographical errors will be discovered. It is not, however, believed that any which shall become ap- parent will interfere with the integrity of the narrative, or detract from the general usefulness of the work. The writer has only to add that he believes this volume, together with his previous works, the '' Commercial Crisis, 1847-48,^^ and " Facts, Failures, and Frauds," afford more combined information in relation to financial and commercial progress than has hitherto been published. BiECHiN Lane, Lombaed Steeet, Novemher 9, 1859. CONTENTS. SECTION THE EIEST. Tlie Origin and Antecedents of Panics- — The Course of the Several Great Events in Connection therewith — The Leading Featmes of the Particular Convulsions of 1825-26, and tliose occurring at the Suhsequent Dates of 1836-37, 1847-48, and 1857-58 — Description of Various Panics .... page 1 SECTION THE SECOND. The Gold and Silver Productions of South America — The Mines of Peru and Mexico, their Development and Resources — Other Producing Countries — Brazil, Chile, New Granada, the United States, and Russia — The Discovery of Gold in California, and its Effects — The Australian Production and Progress 2^age 21 SECTION THE THIED. The Panic of 1857-68 — The Previous State of Business, and the Apparent Indications of Prosperity — Sudden Change in the Aspect of Mercantile Relations — The Reaction in Credit in New York, its Influence on the Trade of the United Kingdom, and the immediate Revulsion succeeded hy Failures in every Department of Commerce — The Report of the Select Committee — The Causes and Details of the Crisis — Its Spread and Effects in Germany and the North of Europe ......... page 30 SECTION THE FOURTH. Contrast of the Crises of 1825-26 and 1837-38 with those of 1847-48 and 1857-58 — Special Features of the Several Revulsions — The State of Distress and Dis- aster Occasioned — Duration of Panics, and the Consequences arising therefrom — Pernicious Results of Over-trading — The Liabilities and Dividends of the Failed Houses — The Management of the Provincial Joint-stock Banks — The Accommodation System and Inevitable Ruin to the Parties Engaged — The Termination of the Crisis of 1857-58 — The Subsequent Suspensions, and the Lesson of Prudence Inculcated — Statistics of Suspended Firms, and Bank Acts Report ........ ... page 44 SECTION THE FIFTH. The American Crisis of 1857 and its Results — General Coiirse of Trading — The Banking System and its Defects — Inflation of Capital and Competing Powers of Speculation — Over-trading assisted by the Banks— Reckless Proceedings of Merchants and others in the Groat Race of Business — The Natural Consc- A'lll CONTENTS. quences — Uriiversal Depression and Enormous Depreciation of Property — Railway Management Involving Fraud and Speculation — Recuperative Power of the States — National Characteristics — Resources and Means of Develop- ment ........... poge 92 SECTION THE SIXTH. Tiie Stock Exchange Panic of 1859 — Heavy Appearance of Prices from the Com- mencement of the Year — Inauguration of the Italian Difficulty — Progress of Embarrassment and Outbreak of the War — Early Symptoms of the Deprecia- tion of Prices in March — Increased Depression at the Beginning of April, and Final Collapse during the Remainder of that Mouth and May — Serious Revul- sion in Values through the Alleged Russo-French Alliance — General Prostra- tion of Credit — Disastrous Failures and Comparative Tables Exhibiting the Actual Decline in Securities — Measures of Aiuelioration Adopted by the Committee of the Stock Exchange — Slow Return of Confidence and Eventual Recovery ;>f(<7e 148 APPENDIX. Pabt I. — Suspensions in 1849 Part II. — Suspensions in 1850 „ Suspensions in 1851 „ Suspensions in 1852 Pabt III. — Suspensions in 1853 „ Suspensions in 1854 „ Suspensions in 1855 „ Suspensions in 1856 Part IV. — Suspensions in 1867-68 XXI xxii xxii xlix xlix Ixiv Ixxxiv cii SECTION THE FIEST. The Origin and Antecedents of Panics — The Course of the Several Great Events in Connection therewith — The Leading Features of the Particular Convulsions of 1825-26, and those occurring at the Subsequent Dates of 1836-37, 1847-48, and 1857-58 — Description of Various Panics. AViTHiN the last sixty years, at comparatively short intervals, the commercial world has been disturbed by a succession of those terrible convulsions that are now but too familiar to every ear by the expressive name, " panic." Each separate panic has bad its own distinctive features, but all have resembled each other in occurring immediately after a period of apparent pros- perity, the hollowness of which it has exposed. So uniform is this sequence, that whenever we find ourselves under circum- stances that enable the acquisition of rapid fortunes, other- wise than by the road of plodding industry, we may almost be justified in auguring that the time for panic is at hand. First in the melancholy list stands the panic of 1825-26. This was preceded by a speculative mania of such a fantastic kind, that the very names of the "Bubble Companies," as they were called, if now quoted, would look like a sarcasm upon speculation in general. Associations had been formed without the slightest regard to the distinction that ought to be preserved between those enterprises that may be left to individual compe- tition, and those that require the aid of subscribed capital, and not only failure, but ridicule, was the natural result. The history of subsequent panics, with all their attendant evils, will reveal nothing so ludicrously lamentable as the various com- panies for the pretended sale of milk, bread, fish, etc., that started into existence before the panic of 1825-26, by which they were utterly annihilated. Large sums also had been invested iu ibrcign loans, and trade Avith Spanish America B 2 THE GENERAL COURSE OF and other distant countries liad been follov.'cd out to an unjusti- fiable extent. A sudden increase in imports was the result of the commercial operations, mostly carried on by means of capital obtained on credit; and so far did these exceed the usual amount, that the rates of exchange turned against this country, and the Bank of England, to check the efflux of bullion, raised her rate of discount and diminished her issues. The glut of money, and the consequently low rate of interest that had prevailed during the greater part of the year 1824 and at the beginning of 1825, had induced private bankers to advance money on securities not readily to be realized; and hence, when the merchants applied to them for assistance, they were unable to afford it, and several failures occurred in the commercial world, as the commencement of a state of distress which soon reached the bankers themselves. Alarm ensued in the most complete sense of the word, and might be plainly read in the countenances of the multitudes who thronged Lombard Street, to draw out their balances.* The apprehensions of the general public had been caused, in the first instance, by the failure of several great banking establishments in the country, and the consequent doubts respecting the stability of the London bankers were confirmed by two or three failures in the metropolis. By the middle of 1825, the panic reached its height, and subsequently expended its force, upwards of seventy banking- houses having failed or suspended payment. The year had com- menced with an aspect of the most complete prosperity, and money had been readily advanced, in the previous twelve months, to carry out every project, however wild and abortive. But the sums thus invested had yielded no return, and, by a natural sequence of cause and effect, the year closed amidst general anxiety and distress. t * A curious anecdote is related of the cause of " a ruu" upon one of the Lom- bard Street establishments. A poor woman, having met with a slight accident, seated herself, to recover strength, at the door of one of the banks; a crowd imme- diately collected, which terminated in a report that the house was unsafe, and hence the "run" upon it. t The number of banks that stopped payment in 1825 was seventy-nine, with fifty-eight branches ; the estimated liabilities reached £14,100,000, and the assets were t.nkcn at £10,800,000, showing a deficiency of £3,300,000. In 1826, the num- ber was twenty-five, with two branches ; liabilities taken at £4,650,000, and the assets £3,300,000 ; deficiency, £1,350,000. The disasters of this year (1825), commencing in September, 1824, and reaching COMMERCIAL PANICS. 3 The spirit of speculation that preceded the panic of 1830-37 was totally different in its character to that which had convulsed their Leiglit by tlie close of March, are generally attributable to the speculations of the preceding twelve months, aided by excessive paper and credit, and a more than usual facility on the part of bankers in making advances to individuals; but speci- fically they may be considered to have had their origin — 1st. In desperate attempts to outstrip the natural course of commerce. All the great articles of importation became objects of speculation, carried so much beyond reasonable bounds, that the excess in the imports of indigo above the averages of 1822-23-24, amounted to 38 per cent., cotton 48, wine 56, wool 90, silk 98 per cent., and other chief articles of commerce in similar proportions. The total comparative increase amounted in value to £115,000,000. 2nd. In increased issues bj' the country banks and the Bank of England. A redundancy of capital prevailed, and tlie credit of the country- assumed an unwonted aspect of advancement. In the spring of the j'ear money was worth only 2^ per cent., and the Three per Cent. Consols, which, in April, 1823, stood at 73, in April, 1824, had advanced to 94, This state of dubious prosperity, while it gave an artificial stimulus to adventure, encouraged the Ministers, in its earliest stages, to efi'ect a reduction of interest upon Government Securities, in which also they were furtlier assisted by inordinate issues on the part of the Bank of England. This reduction of interest on stock was followed by a proportionate fall of interest on private securities. Under such circumstances, men, accustomed to draw large incomes from their capital, were forced to content themselves with diminished incomes from the same source, or to try new and more adventurous modes of obtaining additional profits. In this way a powerful impulse was given to the spirit of daring speculation, exhibited in loans, in joint-stock bubbles, and in vain attempts to raise prices, and to elevate the supplies beyond the demands of commerce. Hence, also, the spread of a like spirit throughout the provinces, and the wild activity of the banks, not merely in speculating on their own accounts, but in accommodating, by thoughtless issues of their notes, the gambling dispositions of all around them. The increase on the country and the Bank of England issues is shown in the following returns : — The country bank circulation amounted — In 1823 To £4,479,448 „ 1824 „ 6,724,009 „ 1825 „ 8,755,307 The Bank of England circulation amounted — In 1823, April 5 To £16,845,840 „ 1824, „ 3 „ 19,313,989 „ 1825, „ 2 „ 20,328,979 The advance, in less than three years, was, therefore, nearly i 8,000,000, wi;h- out a corresponding increase in the trade or industry of the country, sufficient to have justified the issue of a single additional pound. 3rd In an enormous increase of private paper and of transactions on credit. 4 course. With the consequences of the folly and cupidity of 16 DESCRIPTION OF VARIOUS PANICS. individuals it could not jn'opcrly iutlerere, but it sought to remedy some of the evils of the banking system. As a too great facility in the power of creating fictitious money had been a main ingredient in producing the mischief, Ministers sought to abridge the power of banks in issuing paper-money. For this purpose the circula- tion of one-pound notes was prohibited, and corporate bodies, or partnerships of more than six persons, were allowed to carry on the business of banking. Both these measures were improvements on the existing system, but not preventives of mercantile reaction; they afforded no effective guarantee against future panics, nor the over-issue and insolvency of bankers, nor against over-trading on baseless credit. The last are desiderata that can only emanate from individual prudence, and more general knowledge of the principles that govern the periodical vicissitud-^s of the commercial cycle. REVIVAL OF INDUSTRY, A.D. 1827. The present year was pregnant with events, and opened with a more cheering aspect than the preceding. Employment was generally to be had by the working classes, and thougli wages were still low, they enabled them to gain a livelihood. The different moneyed and manufacturing interests M'ere recovering from the con- fusion of the last eighteen months by a progress which, thougli slow, was sure, and which by its slowness, perliaps, justified the belief that it did not proceed from factitious scheming, but was the natural return of mercantile health. The atmos- phere had been cleared by the monetary crisis of 1825-26, and an entire decompo- sition of commercial elements effected. Masses of fictitious property were dispersed, and much of the real capital of the country distributed into new channels. Had this been the only result, the useful lesson over-speculation had taught might have been more instructive than injurious. Uufortuiiately an immense loss was sustained from the destruction of property, occasioned by the fluctuation in prices, and the sudden change in the employment of capital and industry. A check was thus given to internal improvement; and in consequence of the blight on mercantile con- fidence the legitimate movements of commerce long continued to be impeded. It is in the nature of great changes to involve the innocent with the guilty; and this was tiie worst result of the late revulsion; it not only swept away the delusive pro- jects of the adventurers, but paralyzed for a season the operations of real business and commendable enterprise. In domestic politics the prominent topic of interest, in the history of the year, was the termination of the Liverpool Ministry, and the efforts to supply the vacancy occiisioned by the sudden illness of that nobleman. Abroad the political horizon was auspicious. The arms of Russia and Persia were encountering each other on the banks of the Araxes, but the sound was too disu'uit to disturb the repose of Europe. Our armament in the Tagus had guaranteed the Portuguese constitution against the machinations of the absolutists of Paris and Madrid. Even the interference of the great powers in behalf of the Greeks, which led to the battle of Navarino, failed to disturb tlic tranquillity of Europe. PROSPEROUS STATE OF THE KINGDOM, A.D. 183G. At the close of the past and commencement of the present year, the United Kingdom exhibited imusual signs of internal contentment and general prosperity. With the exception of partial depression in agriculture, all the great branches of national industry were unusually prosperous. In the great clothing districts of DESCRIPTION C)l' VARIOUS PANICS. 17 Yorksliire and Lnncashire the times were never known to be more favourable. In spite of the great development of the cotton-trade, it still continued to expand, and its utmost bounds seemed illimitable. It was the same with the woollen manufac- ture of Leeds and Huddersfield, the stuff manufacture of Bradford and Halifax, the linen manufacture of Barnsley ami Knaresborough, the blanket and flannel manu- factures of Dewsbury and Rochdale, they were all thriving. Even in the silk trade of Macclesfield, Coventry, and Spitalfields there were no complaints; no more than in the hosiery and lace trades of Nottingham, Derby, and Leicester. The potteries of Staffordshire continued prosperous, and the iron trade, in all its branches, was unusually flourishing. While manufacturing industry was in a state of energetic activity in the interior of the ki'nt^dom, it is almost superfluous to remark that the shipowners in the outports of London, Liverpool, Bristol, Glasgow, and Hull were not quiescent. One fact testifies to the prosperousness of commerce and existence of mercantile confidence, namely, the low rate of interest. Although there had been during the last twelvemonth several demands on the resources of moneyed men, the funds maintained a steady buoyancy; and the numerous projects on foot for im- proving the great lines of travelling and conveyance, at once attested abundance of pecuniary means and a lively spirit of improvement. That the general prosperity rested on stable grounds, there were solid reasons for concluding. A spirit of enterprise was abroad, but not of wild speculation. Except the mania for railways, which raged in England in common with other nations, there was no other abroad ; and the avidity with which shares were bought up in these undertakings was justified by the actual success which had attended those of Liverpool and Manchester, Stockton and Darlington, Leeds and Selby. In 3 824 the case was different; it was then pure castle-building; credit afforded unlimited means, and no project was too extravagant for support. At present, there was no want of commercial confidence, but it was a confidence indulged under a salutary reminiscence of former disasters. If anything could tend to its undue development, it was the state of the monetary system, which continued the most defective branch of industrial polity, and required unceasing watchfulness. It is as much a function of State to provide a safe and uniform currency, as a uniform standard of weights and measures, or a uniform and impartial course of judicial administration. None of the numerous provincial joint-stock banks of issue that had been established under an Act of the last reign (7 Geo. 4, c. 46), appear to have a subscribed capital exceeding two millio-js, with a paid-up capital of half a million. For one bank with so large a capital, there •were many which did not possess a capital of a quarter of that amount, and as they frequently extended into branches in various parts of the country, the liabilities and consequent dangers of the parent bank were increased. One bank, with a capital of £600,000, had nearly forty branches in Bristol, Birmingham, Liverpool, Leeds, Manchester, Nottingham, and other places. In some banks, neither the amount of subscribed nor paid-up capital was known, which carried on, nevertheless, extensive business and had numerous branches. The subject, in the" ensuing session, drew the attention of Parliament, and, at the instance of Mr. Clay, a committee of inquiry was appointed. Its investigations were not completed during the session, but enough was discovered to show the great irregularities and inconsistencies in the management of joint-stock banks; that they were not conducted on uniform and systematic principles; that the functions of the managing dii'ectors were not suffi- ciently defined and often irresponsibly exercised^ and that, partly from this cause, and partly from the vague provisions of the partnership deeds, neither the interests of the shareholders nor of the public were adequately protected. In this state of things there was obviously cause for circumspection, though none, perhaps, for general alarm. One ground of coi>fidence — at Icatt in the old banking firms of C 18 DESCRIPTION OF VARIOUS PANICS. the kingdom— is tlie better knowledge which tlie disastrous experience of former years had afforded, of the principles which ought to regulate banking associations in their advances to individuals, and in their issues of paper-money. The with- drawal of the small notes, too, is a guarantee against a popular, if not a commercial panic; and, as the obligation imposed on private bankers compels them to make periodical returns of their average circulation, timely notice is thereby afforded of the approach of the plague of over-issue, which the Bank of England would be culpably remiss in not checking on the first symptom of a redundant currency. Upon the whole, much of the machinery, as well as the material of commercial and manufacturing prosperity seemed safe and sound, and the natural result of lengthened peace at home and abroad, conjoined with a succession of the most favourable seasons. On the other hand there were, as before observed, complaints of agricultural distress. Farmers and landlords looked at their diminished incomes, not outgoings; they thought of the great sums they received during the war, not of the great sums they paid. SPECULATION AND OVER-TRADING, A.D. 1837. The state of general prosperity which was noticed at the beginning of the past year was followed in the summer by those symptoms of mercantile reaction that have been usually ohserved periodically to succeed periods of great industrial activity and commercial adventure. The present revulsion had a similar origin, and was raai-ked by similar characteristics as tliose previously assigned to 1825-26; bat its effects were more limited in this country, and less enduring than the ruinous pecuniary desolation which signalized the former period. The chief distinc- tion between the elemental causes of the two was the more limited agency of private credit and the greater share banking and over-trading had in producing the crisis of 183G-37. In the existing difficulties, banking and speculation, especially of the American houses and of the Americans themselves, seem to have been the chief, if not the exclusive, sources of embarrassment. The recent partiality for joint- stock banks in England and Ireland grew out of the disasters which befel the banking firms in 1825; their destruction in that and former periods of commercial difficulty was considered to have arisen from the narrow basis on which they had been established, and that, by increasing their capital and the number of persons interested in their stahility, tlieir strength would be augmented. It was with the intention of carrying out these views that the Government prevailed upon tlie B.ank of England to surrender some of their immunities. Joint-stock banks were no longer restricted to six, but were allowed, like the banks of Scotland, to have any number of partners with direct agencies in London. Either from the absence of enterprise, however, orthe torporthat naturally followed the convulsion of 1825, those encourage- ments produced little immediate effect; and from that year to 1833, only thirty joint-stock banks had been established. But in 1833, the charter of the Bank being renewed, divested of most of its exclusive privileges, either from this cause or more probably the revival of commercial enterprise, joint-stock banks rapidly multiplied. In 1833 there was an addition of ten; in 1834 of eleven; in 1835 of nine; and in the first ten months of 1836 there was tlie enormous increase of forty-five joint- stock hanks. In Ireland, from 1834 to the end of 1836, ten joint-stock banks had been established, making an aggi-egate of eighty-two, exclusive of their branches, which are equivalent to so many banks, in all the chief towns of the two kingdoms. Tlic connection between these banking associations and the commercial diflicnlties of the present year formed a subject of controversy between Mr. Horsley Palmer, DKSCKIPTIOX OF VARIOUS PANICS. 19 the leading advocate of tlic Bank of England, and Messrs. Loyd, Salomons, and Ricardo, who leaned to the side of the country hanks. In considering their respective statements, there seems to have heen little more than the old degree of parliceps criminis that distinguished former periods of pecuniary pressure. The crisis of the present year was the counterpart, as hefore remarked, in its leading features, of that which ten years had preceded it: in both the coming storm was preluded by a wild spirit of mercantile venture; hut the embarrassments created were neither so generally diffused in, nor exclusively limited to, England — they extended to Ireland and the United States, where a scene of monetary disorder pre- sented itself wholly unexampled; bankers, importers, merchants, traders, and the Government being commingled in one mass of temporary insolvency. On both sides of the Atlantic difficulties, however, had a common origin — an inordinate thirst of gain; in America sought to be realized by land-jobs and over-trading in British produce; in England from excess of exports, railway projects, joint- stock companies for insurance, distilleries, cemeteries, newspapers, sperm-oil, cotton-twist, and zoological gardens. The mania for these share-undertakings was not limited to London, but was equally rife in Liverpool, Manchester, and Leeds. The banks fed the flame, though they did not kindle it. The first light, as Mr. Tooke has shown, always comes from the temptation of low prices and a tendency to higher, which, generating increasing consumption and demand, rouse into action the mercantile classes. No sooner are these symptoms abroad thau the banks let go their paper, and instantly the commercial world is in a blaze. With the example of greater confidence in the banks, of readiness to afford advances to individuals, the sphere of private credit by bills and open account is instantly distended to an enormous size. The scene is changed as if by magic. Mistrust, stagnation, and inertness are converted into boundless confidence, mer- cantile activity, and speculative enterprise. Money, or what passes for money, is everywhere abundant; a community of sellers becomes one of buyers, and the wits of speculators and adventurers of every denomination set to work to absorb the seeming capital that overflows in every channel. Tliat this was the cycle of the last as of former mercantile revolutions, is established by the state of prices and the issues of the banks. From 1834 to the summer of 1836 prices were on the advance, and speculation active. During the same period the provincial banks, both of England and Ireland, augmented their issues; and, though the Bank of England did not contemporaneously increase its circulation of notes, it was enabled to aid individual enterprise by the vast amount of private deposits at its disposal, and of which of late years it has become the great reservoir. It is private balances, not an increase of its issues, that has, since 1826, constituted the active trading resources of the Bank. In the use of their circulating capital, the directors have been accused of either undue eagerness to profit by its employment, or indiscreet precipitancy in their banking operations; of having afforded too much accommodation to individuals from August, 1835, to April, 1836, in order to facilitate the working of the West India loan of 1835; and then, when their own turn in that speculation had been served, of suddenly narrowing their discounts either to stop the efflux of gold to Ireland and the United States, or to enable them better to support the northern and central banks, to which they were committed, and the American houses. In the interval mentioned, advances could be readily obtained on stock and other approved securities; but as the summer advanced, discounts were abruptly refused to the largest and hitherto most respectable houses of Liverpool and London; trade in consequence became paralyzed; prices suddenly dropped from 30 to 40 per cent., and the various share bubbles floated on the tide of the previous pecuniary reiundancy rapidly collapsed from want of dupes or instalments. This is one view that has 20 DESCRIPTION OF VAKIOUS PANICS. been taken of the monetary pressure. But it is just to observe that there is always a period in the movements of commerce when it is incumbent on the banks to interfere for their own safety and that of the community; and that this point is, when commerce has obviously degenerated into unprincipled adventures, not founded on the regular demands of trade, either present or future, but solely on the command of unstinted resources. It is often only by withholding the means that the speculative furor can be arrested; that traffic can be prevented degenerating into mere gambling and monopoly, by which all pecuniary bargains and contracts are deranged, and prices forced up to an extravagant height, destructive of internal consumption and foreign commerce. At the same time the exercise of this whole- some check is sure to be inconvenient to some, and will assuredly incur the censure of those parties whose miscalculations or mercantile avidity have tempted them into undertakings beyond their available resources. In the production of present difficulties private credit participated, conjointly with the issues and advances of the banks, both in town and the country. These quicken into life, but, after that is done, private credit, by the multiplication of bills of exchange and tlie extension of current accounts, forms the great machinery of commercial operations. Of the expansive power of these agents and the mighty fulcrum they afford for speculation, the disclosures made by the great American houses of London — the "three Ws," as tliey were termed — are a demonstration. The following account of these firms, published in June, 1837, presents features in the history of com- merce deserving to be recorded. They are the amount of bills payable from June to December: — \Yilsou and Co £936,300 Wiggiu and Co 674,700 Wildes and Co 505,000 Total of acceptance-.^ £2,116,000 An aggregate of acceptances to the amount of £2,116,000 is upwards of one- sixth part of tlie aggregate circulation of the private and joint-stock banks of England and Wales, and about one-eighth part of the average circulation of the Bank of England. Bills of exchange are not cash, but, when accepted by houses of undoubted credit, possess almost equal active force in the commercial world. The following are the amount of their shipments to America, which attest a not less speculative aviditj- in the United States than had prevailed in England: — Wiggin and Co £1,118,900 Wildes and Co 623,000 Wilson and Co. (dry goods account) 364,900 If this is not over-trading, it is certainly aiidacious enterprise. It shows that there is in British and American merchants, as well as in the seamen of the two countries, a spirit of hardy adventure that can be matched in no other nations. The above instances have been chronicled as examples of the commercial spirit of the age, and of the magnitude of individual transactions, aided by the resources of private credit. In conclusion, it is satisfactory to mention that, within two years after, almost the entire of the pecuniary difficulties of 1836-7 had passed away, commerce had resumed its wonted channels and activity, and that the great houses mentioned above were in a condition to meet all demands against them, cliiefly in consequence of the banks of tho United States, the whole of which had stopped payment, having again resumed payments in specie and the regular transaction of banking business with their customers. SECTION THE SECOND. The Gold and Silver Pi-oductions of South America — The Mines of Peru and Mexico, their Development and Resources — Other Producing Countries — Brazil, Chile, New Granada, the United States, and Russia — The Discovery of Gold in California, and its Effects — The Australian Production and Progress. Before the discoveries of gold in California and Australia, which have constituted such a distinctive feature of the last ten years, Spanish and Portuguese America were regarded as the chief source of the precious metals. From the days of Pizarro and Cortez, the names of Peru and Mexico have been associated, in many minds, with the notion of inexhaustible wealth ; and, though the productiveness of the mines in those countries is no more to be compared with that which excited the cupidity of the old " Conquistadores,^^ still they will always be famed in the history of gold and silver, those powerful agents in the moral and commercial fortunes of mankind. The highest celebrity long appertained to Peru, where Potosi, worked as far back as 1545, maintained a sort of classical renown, like some of the fabulous mountains in the antique world. It is from Potosi that more silver has been brou&ht than from any other spot in the world, and from this point, there- fore, the price of commodities in Europe has often been influenced in a serious manner. Towards the end of the 16th century, tiie yield of Potosi might be estimated at £.3,000,000 sterling, and at that period the precious metals were so much more rai'e than at the present day, that the effect produced by the influx of so much silver upon Spain must have been fully equal to that which would now be produced by six times the amount. The fact is curious, that all the treasure drawn from Potosi has been yielded by a single mountain, called the Ilatum Potocchi, or, for brevity, the Potosi, which stands in the midst of a vast 2.2 THE PRODUCTION OF GOLD AND SILVER, uncultivated country, like an enormous sugar-loaf. The silver ore, to which it owes its reputation, was first discovered by an Indian in 15 i5, and the discovery brought together such a concourse of people, that the town of Potosi was founded, and so rapidly filled, that, towards the end of the 16th century, it is said to have contained no less than 100,000 inhabitants. After the first quarter of the 17th century, the production of the mines of Potosi began to decline, and amounted, at the end of that century, to about .€700,000 sterling, while the contents of the ore were likewise diminishing. During the first half of the 18tli century, a further decline took place ; but a reaction after- wards occurred, and, in 1789, the yield amounted to £800,000 sterling. The insurrection of the colonies in Spanish America again caused a decrease, and at one time, during the struggle for independence, the production of Potosi was almost reduced to zero. In the year preceding the recent discoveries of gold, the average of the yield was under j6.200,000. Notwithstanding the high celebrity of Peru, its reputation as the chief source of silver was ultimately eclipsed by the superior productiveness of Mexico. The mines of Zacatecas and Guanaxuato were worked before the end of the 16th century, and from that period the history of Mexico, as a mining country, is a record of increasing wealth. At the commencement of the 18th century, the gold and silver amounted to about j€1,800,000, but in fifteen years this sum was increased to £2,600,000. The discovery of the mine of Valencia, shortly afterwards, brought with it an important augmentation of precious metal. In 1775, the produce of Mexico was £3,400,000; in 1788, it was £4,280,000; and in 1795 it was £6,400,000; at which point it remained nearly stationary until 1810, when the war of independence broke out. The yield of the mines in Spanish America is generally reckoned in piastres, and, as nearly all the silver used in the civilized world came from that country, the Spanish piastre soon became the universal coin of commerce. The primitive "title" (or standard proportion) of the coin was of '' ll-12ths fjnc,^-' or 917 in 1000; and there was a gold piece of the same weight, and containing the same proportion of precious metal, which was called a quadruple. To this high standard the Spanish Government rigidly adhered till the year 1772, when the Cabinet of Madrid violated its faith towards the whole world. THE PRODUCTION OF GOLD AND SILVER. 23 and forfeited a long-established character by the reduction of the proportion of precious metal from 917 to 903 parts in 1000. All sorts of precautions were taken to prevent the discovery of the fraud; false weights were given to the assayers, and the agents employed by Government Avere bound by oath not to reveal a state secret, which had been discovered by every merchant and money-changer in the world. In 1786, the gold coinage became the subject of tampering, and the proportion of precious metal in the quadruple was lowered to 875 parts in 1000. No further depreciation, it should be observed, has taken place under the republics of Spanish America, which, to their honour be it recorded, have retained the standard which they fixed. Even to the present day the piastre retains its value. It settles accounts in India and China, it is used in Algiers, and is preferred by the Arab to all other moneys. The Turkish sultans have adopted it, but have reduced it to about a twentieth part of its original value by an admixture of base metal. As for the dollar of the United States, it is only the same coin under another name. In English money the silver Spanish piastre represents about 4s. 4d. During the time that elapsed between the conquest and the year 1810, when the war of independence broke out, the quantity of precious metal extracted from the INIexican mines considerably augmented ; but, as large quantities were smug- gled out of the country to avoid payment of duty, the entire aggregate of production could not be clearly ascertained. Origi- nally the Crown of Spain claimed a pound of silver, or gold, for every five pounds produced. This tax, which was afterwards reduced from one-fifth to one-tenth, was called '^ quint,^' and was levied in addition to other imposts, which fell with especial weight upon auriferous silver. Thus, there was a strong in- ducement to smuggling, which, in the case of gold, where a large value is contained in a small bulk, could be carried on with comparative facility. The productiveness of these two celebrated countries, about the time of the recent discoveries, may, however, be shown by the returns for the years 184-6 and 1850. In the former year, Mexico yielded the value of £249,753 in gold, and £3,457,029 in silver ; and Peru £96,241 in gold, and £1,000,583 in silver. In the latter year, Mexico yielded £382,901 in gold, and £5,3S3,333 in silver, and Peru similar amounts as in 1846. 24 THE PRODUCTION OF GOLD AND SILVER. At the coiximeucemeut of the present century, two-thirds of the precious metals brought from the other side of the Atlantic came from Mexico and Peru. Other productive countries were Brazilj New Granada, Chile, and the United States. The dis- covery of gold in the Russian mountains obtained for the empire of the Czar a pre-eminence even above the old sources of metallic wealth, and shortly before California earned her sudden celebrity, the Ural chain was regarded with increasing interest by the monetary world of Europe.* However, it was not till within the last ten years that the notion of a discovery of gold seriously influencing tlie currency entered the public mind. This notion, at first viewed by many as a mere crotchet, has since been developed into a serious cause of alarm by the French political economist, ]\I. Chevalier. With the discovery of the valuable deposits in California in the year 1848^ a new epoch begins, and the excitement produced in the 16th century by the conquests of the Spaniards in America^ and the consequent influx of precious metal into Europe, seems to be revived anew. Indeed, consider- ing the enormous increase suddenly occasioned in the amount of gold and silver available for commercial purposes, any other result could not have been expected. A comparison between the annual produce of fine gold and silver in the years 1816 and 1850, that is to say^ at periods taken two years before and two years after the discovery, will at once make the force of these remarks intelligible. In 1846, the total produce of North and South America was to the value of £6,563,179, of which £1,301,560 represented gold, and £5,261,619 silver. In 1850, this amount was more than trebled, being raised to £20,601,813, that is to say, £13,341,989 of gold, and £7,259,824 of silver. The quantity of precious metal produced in Europe, Asia, and Africa, at these two periods, amounted respectively to £5,799,498 and £6,840,975, which, added to the American produce, give the very difi'erent totals of £12,800,000 and £27,500,000. The grand totals, in. Troy weight, for the produce of the whole know^n world were 114,674 lbs. gold, and 1,979,084 lbs. silver, for 1846; and 365,930 lbs. * A curious statement was made in several of the Continental journals some time ago, viz, that the late Emperor Nicholas regarded with alarm the discovery, on American soil, of such an enormous extent of riches, and that his apprehension was seriously increased when the colonial dependencies of England furnished simi- lar wealthy resources. THE PRODUCTION OF GOLD AND SILVEIl. 25 gold, and 2,603,386 lbs. silver for 1850. It may be observed, that from all returns of the kind China and Japan have been excluded, because, although both these countries are highly pro- ductive, the amount of their produce is not to be ascertained. During the four years comprised in this comparative statement, there vras a large increase in the silver production of Mexico, the yield for 1846 having been £3,457,029, while that for 1850 was £5,383,333. The world had scarcely recovered from the surprise occa- sioned by the gold of California, when it was again astounded by the revelation that gold-fields of still greater promise had been found in Australia. Towards the end of May, 1851, it was discovered that New South Wales yielded gold superior in qua- lity to that of California, and, in October, this district was in its turn eclipsed by the diggings in Port Philip. The conversion of a whole industrious population into a mob of miners was one of the earliest consequences of the revelation, and even those who remained at home talked hungrily of the " prize nuggets" that were to be secured in the new El Dorado. The same scene of excitement which had been witnessed in the United States w^as repeated in England. At first, attempts were made to cast doubt upon the authenticity of the statements. It was asserted that the Sydney accounts were much exaggerated, and that the produce of gold, if any, would not be large. Merchants and others deplored the embarrassments that would be occasioned in business through the rush to the diggings, and prophesied ruin and devastation to the colonies. Still, the movement went forward. Gold was produced, and gold was shipped to the mother coimtry ; and hardly had the earlier remittances been despatched from Port Jackson, before Victoria claimed to be ranked with New South Wales, as possessing auriferous deposits, Avhich had only to be partially developed to prove that they were almost exhaustless. Then came the organization of Californian and Australian gold mining companies, and the attendant symptoms of a mania on a small scale, which terminated, as usual, in the loss of the few millions of subscribed capital, and the exposure of the swindlers who concocted these schemes, and the dupes who suffered by them. Shares and scrip, which had been, through illegitimate dealing, run to a high premium, soon returned to par, then descended to a discount, as the advices from 26 THE PKODUcnoN of gold and silver. tlie residents abroad -were more doubtful, and finally became utterly worthless. France deserves the credit of having in- augurated these enterprises at the outset of the discoveries in California; but even considered in the light of " a speculation/' they were altogether unsuccessful, and it was not until British talent was directed to the introduction of these projects, that they in the slightest degree flourished.* But, although English capital and English skill did not succeed in obtaining profits from either Californian or Australian mining adventure, the " alluvial deposits,^' as the surface work- ings were termed, constituted sufficient for large exports, and these, when different plans of operating were introduced, were supported by the yield secured from the lower depths by " hole sinking,^' and the other rude methods which the digger and untutored miner afterwards adopted. Every week brought in- telligence from California of the large total forwarded to San Francisco from Sutter's Fort, Sierra Nevada, and the several fields which enjoyed an early reputation; but it was through the labour of the private adventurer, and not the associated com- pany. Every month news was received of the increasing aggre- gate of the quantit}^ sent by escort from Ballarat and Bendigo to Port Philip, and from Mount Alexander to Sydney; but here, again, it was found that the rough pan and the cradle evoked greater results than the recognized survey and the employment of regular mining implements. Steadily the produce and the shipments augmented, and it was, before long, acknowledged that the "clan" and "apportionment" system of the diggers defeated, in the most astounding manner, the combined efforts of machinery and directed resources. With England and America placed in this position, the old country vying with its kindred relation in the production of wealth, the influence to be exercised by the change could not be disregarded. France, in an isolated position in this re- spect, endeavoured to make discoveries which would give her character and importance as a gold-producing nation, but with- out any success; notwithstanding that it is well understood * Eccentric, indeed, were the names under which several of these companies were ushered into notice. One of Parisian extraction was entitled " L'Aigle d'Or" mining company, which promised great profits, but eventuated in complete failure. When the concern dissolved, and the directors were nm est, they were facetiously termed in the market the " legal doers," THE I'RODUCTTON Of GOLD AND SILVER. 27 colonial as well as local explorations were effected for that pur- pose.* Daring the period the vast mutations made by these discoveries have been in progress, it was not unnatural that English as well as French political economists should eliminate their theories, and follow out such deductions as they believed would ensue from the course of events ; but, admitting much that they have Avritten to be correct, it nevertheless clearly seems they were scarcely prepared for so enormous an expansion of trade as that which has contemporaneously occurred and been fosteied throug;h the altered state of things. What seems in reality to have been forgotten in their craving to prove a depreciation in the value of gold is, that credit, in the first place, has been largely expanded ; and that, in the second, the great activity engendered by competition — if even, as is daily witnessed, it is accompanied by ruin to tlie merchant, broker, or manufacturer — must prevent an appreciable enhancement of prices, or, at least, such a rise as would be attended with the danger predicted. It is all very well to say that this Avould not have taken place had business been confined within its legitimate sources, the character of trading lately presented being purely exceptional, and not likely to recur. This explanation wall, however, not suffice. Practical experience teaches that no legislation will properly restrain speculation or adventure ; it will check, but not efi'ectively prevent business being carried out on an unsound basis. The increase in the value of exports in 1848 from £60,000,000, to £122,000,000 in 1857, when the crisis took place, has presented sufficient proof of this difficulty, and notwith- standing the exposures which have ensued, a repetition will occur at future periods, in some shape or other, despite every precaution that may be attempted. To any one who will take the trouble to wade through the mass of evidence which can be presented in corroboration of this fact, in the course of the last half century, this conclusion will be abundantly plain, whether in the character of bank failures, mercantile breakage, or reckless speculation. Through the enormous increase in the production of gold, which may be taken to have risen, including the estimated yield of the entire world, from £7,000,000 or £8,000,000 in 18 19, to * It is well known that scientific individuals have been consulted by the Emperor with the object of working supposed gold-fields, and that English adventurers have presented plans to his consideration for developing certain schemes. 28 THE PRODUCTION OF GOLD AND SILVER. £31,000,000 or £35,000,000 in 1858, the basis of credit may be fairly supposed to have been proportionably enlarged, and the buying and dealing power ranking in arithmetical ratio, the whole could not be conducted with profit, the counteractive effect of competition terminating in some branches with loss. With operations of this magnitude trebled, or quadrupled, as they might easily be, elements, however small, of doubtful trading could scarcely fail to intrude, and these^ in their early stages, being attended with little inconvenience, have augmented as the tide of commerce swelleid, till, as in late distressing cases, the bubble burst, and at once indicated the fragile foundation on which the huge overshadowing fabric had been reared.* As showing to what an extent the produce of the gold-fields of Australia may have affected trade and its relations, the an- nexed figures are presented to trace the progressive rise that has taken place since the early date of the discoveries : — S-EAB. VICTORIA. NEW SOUTH WALES. TOTAL. 1851 ^•480,00a .=£•510,000 i; 990,000 1852 6,740,000 3,960,000 10,700,000 1853 9,530,000 1,950,000 11,480,000 1854 9,080,000 850,000 9,930,000 1855 12,430,000 230,000 12,660,000 1856 13,900,000 110,000 14,010,000 1857 15,000,000 1858 14,000,000 To imagine, therefore, that vast changes would arise out of this state of things, without entailing serious fluctuations and embarrassment, is simply to have reasoned on fallacious grounds, and the prophets who believed that they had exhausted the sub- ject, and disposed of its principal characteristics, were sorely * It is singular with what facility new firms are organized after old ones have broken down, and paiJ, probably, a few shillings in the pound. Tiiis was the case in 1847-48, and the same circumstance was again noticeable in 1851-52, while in 1S57-58 it has been more than ever apparent. An apt illustration of the manner in which such a change is accomplished is furnished by the following anecdote: A house that stopped payment at the latter end of 1847 showed a miserable amount of assets, and witli difficulty a dividend was declared. Some few months subse- quently a heavy creditor was passing down a leading thoroughfare, and much to his astonishment, saw the name of the principal of the old lirm, witli that of a new partner on the door of well-appointed offices, even superior in situation to those previously occupied. Meeting, on his way home, the identical accountant who had been engaged in winding-up the estate, he mentioned the fact to him, and to in- quiries concerning capital and prospects, received the curt response that he believed it was the exercise of the old principle, " ship and draw." THE PRODUCTION Ol" (;ol>D AND SILVICR. 29 chagrined when, in October, 1857, they found that tlie whole of their vaticinations had not been realized, and that the pro- mised halcyon days were as far distant as ever. But if this were the case so far as regarded not only Australia but also California, what must have been the effects as concerned the trade of the entire world? The answer is readily afforded by the collapse visible in Germany and the north of Europe, and the other mercantile markets which suffered when England and America were convulsed. Some allowance in these considerations may be made for the drain of silver which has taken place, and it is evident, looking at the annexed approximate figures, that the yield of one kind of precious metal is out of all proportion with the other ; and while, therefore, the process of absorption is carried on to the extent it is, through the requirements of India and China, any exceptional diversion to the Continent, such as may ensue from a state of war or other local disturbance, will rally create a scarcity and an advance in prices. TEAK. GOLD. SILVER. 1800 .... £4,000,000 .... £6,000,000 1830 .... 3,000,000 .... 6,750,000 1840 .... 5,000,000 .... 6,750,000 1846 .... 6,000,000 .... 6,750,000 1848 .... 7,000,000 .... 6,750,000 1849 .... 8,000,000 .... 7,750,000 1850 .... 11,000,000 .... 8,500,000 1851 .... 14,000,000 .... 8,500,000 1852 .... 22,000,000 .... 8,500,000 1853 .... 35,000,000 .... 8,500,000 1854 .... 34,003,000 .... 8,500,000 1855 .... 33,000,000 .... 8,000,000 1856 .... 34,000,000 .... 8,000,000 1857 .... 35,000,000 .... 8,000,000 1858 .... 34,000,000 .... 8,000,000 Finally, the experience of the past shows that it is impossil)le, even through the attempted exercise of prophecy, to regulate the future. Investigation is, however, to be commended, since it lends assistance to the multiplication of facts and inferences, which otherwise would remain dormant and concealed ; but these once eliminated and prominently displayed, will tell their own tale without the aid of embellishment, to give a particular colouring to events, or to raise a fanciful theory, the basis of which is frequently destroyed by the practical results of a few short weeks. SECTION THE THIRD. The Panic of 1857-58— The Previous State of Business, and the Apparent Indications of Prosperity — Sudden Change in the Aspect of Mercantile Relations — Tlie Reaction in Credit in New York, its Influence on the Trade of the United Kingdom, and the immediate Revulsion succeeded by Failures in every Department of Commerce — The Report of the Select Committee — The Causes and Details of tlie Crisis — Its Spi'ead and Effects in Germany and the North of Europe. Before distinctly tracing the course of the panic of 1857-58, it may be permitted to make some reference to the previous condition of trade, and the state of relations which existed with foreign countries. It is necessary to do so, to bring the mind of the reader to the state of affairs as they stood at the date just prior to the commencement of 1857. It is true, and the fact is here referred to in order to elucidate the position of political influences, that although temporary differences with France and America had occasionally caused despondency, and given forewarning of what might be some day anticipated, it was not supposed that the revulsion which so speedily ensued was almost immediately to be encountered. Predictions had been, nevertheless, expressed that the trade of the country was making too rapid a progress, and that tlie extravagance of the day would lead to a collapse, either financial or commercial, which could not fail to entail serious conse- quences ; but it was scarcely perceived that the deep-rooted system of fictitious credit had so thoroughly expanded through all branches of business, as to create that situation of things which was exposed by the subsequent events which occurred be- tween September in that year, and the following February. The period of excitement occasioned by the effects of the gold discoveries, and the belief that a reaction would have taken place after the expansion then experienced, had gradually diminished. THK COMMERCIAL CRISIS, 1857-58. 31 and notwithstanding the loss of several millions in the various bubble gold companies, which proposed to develop, by the aid of machinery and imported practical mining -labour, the auriferous resources of California and Australia, still the sacrifices sustained by the merchants were paid out of profits realized from the first consignments made to those localities, in tlie days when 50 to 80, and as much as 150 per cent, were secured on special articles, such as spirits, beer, etc. Failures had in the interim occurred, and with the exception of one of those partial spasmodic changes which occasionally arise in the credit of the United States, there had been little to create alarm, or to arouse a suspicion that the business operations, not only of England, but of America, the north of Europe, and even the distant regions of Havannah and Porto Rico, would place them in a situation to be subjected to the vicissitudes of a great crisis, and to the consequences arising from such a severe shock. It was, however, considered a marvel by most people, that the approach of the usual ten years had not been accom- panied by some of those premonitory symptoms which in- dicated the presence of an unhealthy state of things, still the value of money continued to be, on the average, com- paratively high, and the rates of discount, both in 1855 and 1856, had attained a point greater in proportion than in previous periods. This, it was nevertheless contended, only proved that the influence exercised by the gold discoveries had not been of the character which had been so strongly predicated, and it was at length ascertained that the increased supply of the precious metals led not only to the more rapid extension of commerce, but manifested its creative importance by its largely increased represented value on what ultimately became little better than worthless paper. The course of the crisis in England has been fully illustrated by the report published by the Select Committee appointed to inquire into the question under the authority of Parliament, and the influence exercised by the crash in the United States will be hereafter alluded to. But the turn which the foreign panic took was one of the most remarkable on record, extending, as its ravages did, through every market and in almost every conceivable direction. The report from the Select Committee on the Bank Acts, which was appointed in the short session preceding Christ- mas, 1857, to inquire into the working of the Bank of England 32 THE COMMERCIAL CUISIS, 1857-58. Charter, and into tlie causes of the panic, then fresh in the public mind, presents a well-arranged survey of the circum- stances that, during the preceding ten years, combined to bring about that alarming convulsion. These circumstances, according to the classification of the Committee, "svere three in number : an unprecedented extension of foreign trade, an excessive im- portation of precious metals, a monstrous development of bank- ing system as an instrument for the distribution of capital. The three kinds of evil thus enumerated were separately examined. With respect to the first, it was found that the total exports, which before 1848 had never exceeded ^€60,110,110, were set down for 1857 at the enormous sum of £122,155,000. As for the second circumstance, the increase of bullion, it appeared that during the same years, from 1851 to 1857, gold to the value of £107,500,000 was added to the European stock, while only £26,800,000 of silver was withdrawn, leaving on the side of increase a balance of £80,700,000. In the circulat- ing medium there was naturally a corresponding increase, the total note circulation (unrepresented by bullion) being about £31,600,000, while tlie quantity of gold coin amounted to at least £50,000,000. As for the third cause of the panic, the augmented facility of obtaining credit, it arose naturally from the increase of trade and of bullion. The deposits in the joint- stock banks of London, alone, which in 18-17 amounted to £8,850,774', had risen in 1857 to £43,100,724, and the increase in other quarters was proportional. These facts were not, in themselves, indicative of evil ; on the contrary, the practice of opening accounts and depositing money with bankers having extended to numerous persons who never before thought of such an employment of their capital, was considered to show an advance of the middle classes in prosperity and habits of economy. But when it was remembered that the aggregate of these deposits, which, flowing from all parts of the country, found their way to London, were employed either by the bankers them- selves, who discount bills for their customers, or by bill-brokers who obtain it from the bankers, it was perceived that, at a time of excessive speculation, a practice in itself laudable might griev- ously heighten the prevailing malady. And this was the case in 1857. To give a notion of the facilities for obtaining accom- modation from bill-brokers, sliortly before the crisis, reference THE COMMERCIAL CRISIS, 1857-58. 33 may be made to the statement of Mr. Neave, before the Com- mittee, that to the knowledge of the directors of the Bank of England one broker had three millions and a-half, another four a third five, a fourth eight, and there was reason to believe that a fifth had between eight and ten millions. Of these vast resources, which of themselves afforded temp- tation to the worst kind of commercial gambling, the mercantile community took every advantage. On the one side was an apparently boundless amount of capital waiting to be borrowed ; on the other side, a throng of greedy speculators anxious to work the credit system to the utmost possible extent of which it was susceptible. In the lenders there was utter recklessness in making advances ; in the borrowers unparalleled avidity in profiting by the occasion; and thus an unwieldy edifice of borrowed capital was erected ready to topple down on the first shock given to that confidence which was, in fact, its sole foundation. Such a shock was given by the American failures — this was a result of the same system, carried to a still more mischievous excess — and then the panic began. Bankers began to increase their reserve funds, and to limit their discounts to their own customers, and the bill-brokers, who had been carrying on enormous transactions without a cash reserve, fell back upon the Bank of England. On the 12th of November, the day on which the Treasury Letter, authorizing an extension of issues, was sent from Downing Street, a celebrated firm had asked and received of the Bank of England »e700,000, bills to the amount of ^62,250,000 had been discounted, and in the afternoon the reserved fund, which on the preceding day had stood at £1,462,000 (having been £2,706,036 on the 4th), had declined to £581,000, and the bullion in the vaults did not exceed £6,524,000. By the transfer of £2,000,000 of Government Securities from the banking to the issue department, the directors availed themselves of the discretionary power conferred upon them by the Government, and they sold stock to the amount of £1,000,000. The immediate pressure was thus relieved.* Among the abuses brought to light by the exposure of mer- cantile doings, was a system of " open credits,'^ by which certain English houses allowed persons abroad to draw upon them to an extent previously agreed upon. The drafts w'cre negotiated on * Vide Bank Act Keport, 1857-58. 34 THE COMMERCIAL CRISIS, 1857-58. the foreign exchanges, and ultimately found their way to Eng- land, on the understanding that they were to be provided for when they fell due. However, the provision was made not by staple commodities, but by other bills that were sent to take up the drafts already issued. All that the English house gained by these transactions was a banker's commission, save in those cases where goods were consigned, and then, of course, a mer- chant's commission was charged. But such cases proved a rare exception to the general plan. In the report of the committee this system is exposed with great perspicuity, and it is stated that the chief business of a particular firm, which at the time of its suspension owed j€900,000 upon a capital of .€10,000, con- sisted in permitting itself to be drawn upon by foreign houses without any remittance previously or contemporaneously made, but with an engagement that it should be made before the acceptance arrived at maturity. A series of failures had begun in America for several months before the commencement of the crisis, but did not attract much attention. Speculation is known to be one of the permanent maladies of the transatlantic republic; occasional embarrass- ments are merely regarded as the result of the peculiarity. The suspension of the Ohio Life and Trust Company, an old, respect- able company, with a paid-up capital of £400,000 sterling, and deposits to the amount of £1,200,000, gave the first signal for a general alarm ; and as other failures ensued, an immediate fall took place in all descriptions of stock, accompanied by a rise in the price of money. It is estimated that between the 25th and 29th of September, no less than 150 banks in Pennsylvania, Maryland, Virginia, and Khode Island suspended specie pay- ments. The New York banks at first weathered the storm, but the suddenness with which they had contracted their operations, by causing much damage to the country banks and the com- mercial interest, had awakened a feeling of jealousy in addition to the general alarm, and on the 13th a preconcerted run took place. The stoppage of eighteen banks Avas the immediate con- sequence of the pressure; the remaining establishments put themselves under the protection of the law. The number of failures that took place in the United States and Canada during the crisis is estimated at 5123, and the aggregate amount of liability at 291,801,000 dollars. At first even the severe depreciation of American securities THE COMMERCIAL CRISIS, 1857-58. 35 that took place during this state of things, caused no particular anxiety in England beyond the parties who were immediately interested in such investments. It was during the first fortnight in October that the prices of marketable commodities Avere gene- rally affected, and several mercantile failures took place, v>'hile the Bank of England gradually raised the rate of discount from 5 1 to 8 per cent. This period was marked by the failures of several Glasgow firms, whose debts to the Western Bank of Scotland amounted to nearly £2,000,000, and among whom the names of D. and J. Macdonald and Co., J. Monteith and Co., and J. and W. Wallace were conspicuous. On the 27th of October, the Liverpool Borough Bank failed, after the directors had in vain applied for assistance to the Bank of England, who, however, announced their intention not to reject any good bill on account of the indorsement of the un- foi'tunate establishment. At the commencement of November, the rate of discount went to 9 per cent., and on the 4th and 7th of that month occurred tl^e suspension of two firms of the highest character — Naylor, Vickers, and Co., a Sheffield house, with property to the amount of £590,000, and Messrs. Dennis- toun. Cross, and Co., a great American house, with branches in Liverpool, Glasgow, New York, and New Orleans.* The latter suspension brought with it the failure of the Western Bank of Scotland with ninety-eight branches, a paid-up capital of £1,500,000 and £5,000,000 of deposits, after a refusal of assistance on the part of the Bank of England, and of the other Scotch Banks, who had already advanced £500,000. This failure, which occurred on the 9th of November, was the first case of a suspended joint-stock bank in Scotland that had been known for many years, and the excitement created forth- with was immense ; the circulation of one-pound notes, and the habit prevalent among Scotch operatives of depositing their savings in banks, causing the evil of a stoppage to be far more widely felt than in London. On the 11th of November, the rate of discount advanced to 10 per cent, on account of the demand for gold by the Banks of Scotland and Ireland, in which latter country, however, the efi'ect of the panic was less severely felt than elsewhere. The large London bill-brokers, Sanderson, Sandeman, and Co., suspended payment, but the increased rate * Both these establisliments shortly paid io full. ,36 THE COMMERCIAL CRISIS, 1857-58. of discount did not decrease the demand for gold made upon tlie Bank of England, the reserve fund of that institution, on the 12th of November, scarcely exceeding ,£500,000. With the failure of the Wolverhampton and Staffordshire, on the 17tli of November, commenced the extension of the panic into the iron districts. Several other failures, with liabi- lities little under £1,000,000, took place, and works were stopped that had given employment to 30,000 hands. On the 25th the Northumberland and Durham District Bank, which had re- ceived assistance from the Bank of England in 1847, was added to the list of suspensions — its subsequent management having involved it in greater difficulties than before. Nearly all the bank failures that occurred about this period carried Avith them a moral against a system which had existed for many years, but the unsoundness of which was thus forcibly revealed. Once and once again comes the story of reckless mismanagement on the part of directors, and of the sacrifice of helpless de- positors. As for the sufferers by the failure of the Western, some of them were reduced to such a state of misery that an appeal on their behalf was made in the summer of last year for relief, while the wealth of the directors was a matter of notoriety. The banks of Northumberland, like those of Scot- land, included the operative classes among their depositors, and could not suspend payment without a similar diffusion of misery. But even the fate of depositors was mild compared with that of shareholders, who having already lost their paid-up capital were subjected to heavy calls, not with the prospect of an ultimate profit, but simply to wind up the unfortunate speculations in which they had embarked. Quitting the region of banks, their directors, shareholders, and depositors, another class of sufferers is presented, namely, the decent operatives, who were thrown out of work by the effect of the crisis in the manufacturing districts. In the cotton department alone, it was estimated that during the last three months of 1857 the aggregate amount of wages decreased to the extent of £1,064,700. Nor did the iron districts fare any better. Furnaces in Staffordshire, that had generally given employment to 28,000 persons, were not in work towards the latter end of the year ; at the same time, in Scotland, about 16,000 men were out of employ under similar circumstances; in South Wales, wages were reduced one-fifth, and a fourth of the THE COMMERCIAL CRISIS, ] 857-58. 37 furnaces were closed. Indeed, every trade suffered more or less, with the single exception of the coal trade, and the records of town after town treat of wholesale cases of destitution, large meetings to petition poor-law guardians, charitable assist- ance in the shape of soup-kitchens, forced labour in public works — in short, of all the paraphernalia of distress. It is con- fidently asserted that one of the " sewed muslin^' houses that suspended in Glasgow, had employed no less than 40,000 hands. The poor-law returns from the suffering districts were a safe index of the operation of the crisis on the industrious classes, and it was considered worth remarking that no material increase of rates took place in London or in the agricultural districts. Scarcely less melancholy than this exhibition of physical dis- tress was the aspect of a widely spread commercial immorality presented by the revelations of the crisis. Cases of mere over- speculation form the most agreeable part of the picture; the darker portion being filled with the records of fraud, and of a recklessness which was equivalent to fraud. A long succession of firms could be passed in review, in which assets and liabilities seem like so many figures, selected for no other object than that of illustrating a strong disproportion. And these "irregularities" reflected alike on creditor and debtor, who seemed, as it were, leagued together to keep up a rotten system of accommodation. For instance, when it appeared that a house which offered two shillings in the pound was a debtor to the Liverpool Borough Bank for £30,000, unsecured, who could say which was the more culpable party ? As a striking illustration of the manner in which the credit system was worked, the case of a daring genius was cited, ■who, about the middle of 1855, began to speculate in iron and cotton to a large extent, though he was not only without capital, but even a little in debt. He first shipped jointly with a friend, upon whom he drew for 25 per cent., while for the 75 per cent, he drew upon the firm to whom the goods were consigned. " Thus," he says with admirable tiaivdc, " I was enabled to pay for my goods without any capital." While performing the next opera- tion, a shipment on his own and a joint account, he seemed to have been in a more solid condition, for he paid three-fourths in cash, and the agent drew for the remainder, and he extended his speculations to tea, shares, and " gray goods," thanks to a credit given by that most facile of institutions, the Liverpool Borough 420769 38 THE COMMERCIAL CRISIS, 1857-58. Bank. The summer of 1857 found him somewhat in a dilemma; for he was dunned for money, and his whole property consisted of less than £800 in cash, and a shipment of cotton, then on the high seas, which, though mortgaged to a full extent, might yield a profit of nearly £3,000. The cotton must be held somehow, and to eifect this desirable object, he bought jaconets to the extent of £5,000, which, of course, he did not pay, and divided them between his two most hungry assailants. In the social sphere the largeness of his mind was as brilliantly exhibited as in the world of commerce. His wine-bill for two years amounted to £638 ; the generous liquor was consumed to the extent of £388 in one of the four houses of which he was the munificent owner. His bill for jewellery during the same period amounted to £649, and of course his assets were small in proportion. And just before all these revelations of vice and wretchedness took place, the country was supposed to be in a remarkably prosperous condition, because, forsooth, the export trade had greatly increased. No inference could possibly be more fallacious. The circular of a Manchester firm, which showed an increase of the exports in cotton yarn from £23,339,000 (in 1848), to £39,112,913 (in 1857), exhibited a corresponding decrease from £21,537,000 to £17,100,000 in the estimated home consump- tion of the same article. The fact was, that under an unwieldy credit system, allowing numberless persons to deal in Avhat they please, at any price they please, without those restraints to enterprise that belong to a steady mode of conducting business, official returns of the extent of trade and manufacture convey no reliable information.* By the countries in the North of Europe the crisis was felt with peculiar severity. During the few preceding years, the two kingdoms that are comprised under the common name Scandinavia had increased their trade to an enormous degree, and generally by the employment of borrowed capital. In some cases the English merchants sold to the Scandinavians on long credits ; in others, a house in Hamburg would accept bills for their correspondents in Sweden, Denmark, and Norway, who thus effected their purchases by means of Hamburg credit. * This circumstance is always strikingly illustrated on tlae occasion of every panic ; statistics proving, in the most explicit manner, that over -trading is the cause. THE COMMERCIAL CRISIS, 1857-58. 39 Pending the continuance of prosperity, this system was profitable enough. The Scandinavians sold their goods in time to cover the acceptances of their Hamburg friends, who were therefore inclined to accommodate them anew, not hesitating for a moment to accept for houses who were not provided with even approximate means to meet their liabilities if a day of reckoning should ever come. With the explosion in America the day of reckoning did come. A ready sale of goods alone supplied the Scandinavians Avith the power of covering the Hamburg and other acceptances. Such a sale was rendered impossible by the American crisis, and equally unsaleable were the goods upon which advances had been made to Scandinavian houses. Sweden, Norway, and Denmark being thus wholly unable to meet their liabilities, the large firms in Hamburg and London, who had assisted the Scandinavians with their credit, were suddenly called upon to take up their acceptances. Hamburg felt the blow most severely. Disappointed in remittances not only from the North, but from London ; destitute of available capital, and overstocked with unsaleable commodities; overwhelmed with mercantile paper, the merchants were reduced to a most hopeless condition. Soon discount became impossible, and so completely had the bill of exchange — from time immemorial the circulating medium in large commercial operations — lost its value in the estimation of the public, that a payment in hard silver was re- garded as alone legitimate. It need hardly be said that a supply of precious metal sufficient to meet the enormous liabilities that had sprung up under an exaggerated credit system was not even to be hoped, much less to be obtained. An attempt was made to raise the value of bills by guarantees of more than ordinary weight, but neither bills nor goods would be taken as an equivalent for silver, and the failure of the largest house connected with the Swedish trade bore awful testimony to the state of public opinion in this respect. The Government, after several vain attempts to remedy the evil, at last had re- course to foreign loans, and the Germans regard it as one of the worst features of the whole crisis that Austria, of all countries in the world, was the first to assist in extricating Northern Germany from a state of commercial difficulty. The first 10,000,000 marks banco were advanced by Vienna, and were immediately absorbed by the principal houses who at once were aftected by the pressure. It is worth observing that the crisis was met in a 40 THE COMMERCIAL CRISIS^ 1857-58. different manner by different towns, and that of tlie tlirce Hanseatic cities, Hamburg, Liibeck, and Bremen, the last- named came off with the highest degree of honour. The con- dition of Hamburg was one of blank despair ; Liibeck attempted to stave off the evil by an alteration in the law of bills of exchange, that caused acceptances to fall less severely on her own citizens. The merchants of Bremen, on the other hand, though they exceeded those of Hamburg in the magnitude of their transactions Avith America, relying solely on their own exertions, and wishing neither a change in the laws nor assistance from their Government, weathered the storm so successfully that not a single failure of importance occurred in their city. It should, however, be mentioned that the credit system had not been carried to such an extent in Bremen as elsewhere, and that the proportion between speculation and capital was not so completely beyond all reasonable limits as at Hamburg. Moreover, Bremen sufficiently enjoyed the confidence of foreign states to be able to obtain precious metal on an emergency, although at an enormous price. The few failures that did occur at Bremen, and that might possibly be cited in contradiction to this statement, were, it is asserted, unconnected with the operation of the crisis. Nowhere did speculation during the time immediately pre- ceding the crisis assume so fantastic a form as at Paris, where the means of employing joint-stock capital promised to be even more various than in London before the year 18.25. The so- called " Credit !Mobilier," devised by M. Isaac Pereire merely invited the capitalist to bring in his money ; the use to which it was to be put was left to the genius of the managers. Nothing could be more simple than the plan of the " Credit jNIobilier.^' Employing either the money paid by the proprietary, or capital raised by credit, this enterprising company purchased shares in manufactories and ships, lines of omnibus traffic, paper-mills, plots of ground suitable for building ; in short, anything in the market on which a profit could be raised. Nor was this enough to satisfy their desire for activity, they projected hotels, theatres, establishments, in fact, of the merest luxury, not so much meeting as creating a demand, to which they could respond with a supply. Wild, however, as the credit system appeared in Paris, and although the citizens of the United States are by far the largest purchasers of her fashionable commodities, France, never- theless, felt the crisis less acutely than any other European THE COMMERCIAL CRISIS, 1857-58. 41 state.* French commerce is not on so grand a scale as that of England and North Germany — it is less based on long credits ; and it happened in the year 1857 that the shipments of French goods to America had almost ceased before the crisis broke out in New York. INIoreover, there had been a particular French panic in the beginning of the year 185G, which had operated as a check on excessive enterprise in the subsequent period, and which caused an abatement of the former speculative activity, the decadence of the influence of the large associated under- takings having from that date been distinctly visible. The effects of the change had also been rendered painfully apparent by the sacrifice of wealthy individuals, who, connected with the "Credit Mobilier," had operated upon the Bourse, and Avho, when unable to complete their engagements, sought a refuge in America, to avoid the responsibility of liabilities not reckoned by thousands, or tens of thousands, but by hundreds of thousands of pounds. High and respected financial names were sullied by these transactions, and though at the instant endeavours were made to conceal the magnitude of the trans- actions, and the discreditable circumstances by which they were attended, revelations speedily followed which established most conclusively the natiu'e and character of the several defalca- tions. The special features of the Thurneyssen delinquency, the abstraction and appropriation of the Great Northern of France shares, and the irregularities indicated in the organization of the scheme for the construction of the Napoleon Docks, all more or less illustrated the evils resulting from excessive adventure, encouraged, stimulated, and fostered as it had been by the most exalted Government authorities, who were even alleged to have participated largely in the first-fruits, which, in the shape of profits, the various enterprises presented. But if France suffered only in a second or third degree com- pared with England, America, or the North of Europe, she had, as it will be perceived, been convulsed at an earlier date, and, consequently, the lesson of experience inculcated no doubt produced its influence, and diminished the responsibility which an uninterrupted career of apparent prosperity would have entailed. Notwithstandiug failures occurred in the American and Brazilian trade, and one or two weakly banking institutions * This statement is generally believed, but it has been contradicted by parties who insist that the internal trade of France suffered severely. 42 THE COMMERCIAL CRISIS, 1857-58. were forced to succumb, the passage of France through the pressure was comparatively tranquil, and little calculated to excite apprehension. Violent, nevertheless, as the storm was while it raged in the United States, and disastrous as were the effects of the collapse when its influence extended to Great Britain, succeeded in turn by the entire disruption of credit in the Hanseatic Towns and Denmark and Norway, its extreme fury was not of lengthened duration, considering the vast extent of interest compromised, and the important area of trade included. From the beginning of July to the middle of September, 1857, the American panic may be said to have commenced its short, sharp action, and to have concluded its great work of devastation, though the effects were subsequently traceable through continu- ous stoppages and banking crashes. In England the force of the pressure was felt from the beginning of September until the end of December, some weeks after the Government Letter ap- peared. This, compared with the course of events in 1847-48, was infinitely more protracted, because the crisis itself was of a doubly severe character, and involved larger interests.* The unstable foundation of business was general and more widely extended, and being difiiused through almost every channel, the sacrifices occasioned were of the most onerous description. Meanwhile, the career of distress and embarrassment was pro- ceeding abroad, contemporaneously exciting distrust, and pro- ducing failures of a serious character. Therefore, it was not until February, 1858, that the general panic diminished, although the Bank long previously attained a position to re- sume its ordinary functions, and to modify the unparalleled terms enforced for discounts. The course of trade, subsequently, which had been so uni- versally paralyzed that Venezuela, Porto Rico, Havana, and Dominica experienced in turn smart shocks, was by no means satisfactory; and eventually another phase of change was demonstrated, at a more advanced period of the year, l)y the break-up among the Honduras merchants, including several of the leading houses in London and Liverpool. With these events may properly be considered to have concluded the enormous * Vide the celebrated speech of Mr. Disraeli on the crisis, and the accounts of the press at the same date. THE COMMERCIAL CRISIS, 1857-58. 43 catalogue of tlie disasters of 1857-58; and notwithstanding tlie latter suspensions could not fairly be said to be comprised in the actual history of the crisis, still they were in a measure accelerated by the weakening of credit and the prostration of prices which was previously experienced.* The last great mutation Avliich afflicted capitalists and money-brokers, and disturbed one important centre of business, had not at this date been encountered, and it remained for April and May, 1859, to shadow forth a vast amount of mischief and suiFering at the Stock Exchange, traceable, however, more directly to the effect of foreign political complications, than ordinary mercan- tile and financial embarrassments. * Between February and June, 1858, it was generally noticed by mercantile observers, tbat there was only a slow recovery in business, the absence of confidence being very apparent. The writer, speaking to a high authority on 'Change on the subject, the latter remarked, " I, my dear sir, am not at all surprised, because you may depend that many firms who struggled through November and December, if they have surmounted their difficulties, have nearly had the breath squeezed out of their bodies." This eventually proved the case. SECTION THE FOUETH. Contrast of the Crises of 1825-26 and 1837-38 with those of 1847-48 and 1857-58 — Special Features of the Several Revulsions — The State of Distress and Dis- aster Occasioned — Duration of Panics, and the Consequences arising therefrom — Pernicious Results of Ovei'-ti'ading — The Liahilities and Dividends of the Failed Houses — The Management of the Provincial Joint-stock Banks — The Accommodation System and Inevitable Ruin to the Parties Engaged — The Termination of the Crisis of 1857-58 — The Subsequent Suspensions, and the Lesson of Prudence Inculcated — Statistics of Suspended Firms, and Bank Acts Report. The point in tlie "History of tlie Crisis" is now arrived at when it is essential to take a retrospective g]ance at its progress and efiFects, in order to ascertain what were its distinctive pecu- liaritieSj viewed in relation to antecedent events of a similar character. So far its course has been traced, not alone in con- nection with the trade of the United Kingdom^ but also as identified with the revulsion that preceded the great and im- portant change in the United States, and the later and more closely allied panic in the North of Europe. A contrast of the several revulsions as they occurred shows, in the clearest possible manner, that, although brought about by almost similar antecedent circumstances, the consequences which followed Avere widely dissimilar, and varied according to the events which had inaugurated their commencement. His- tory furnishes the details of the singular effect of the panic of 1825-20, and exhibits the distinctive features which accompanied the distress which ensued, principally exhibited in the explosion of bubble companies, the severe reaction which occurred in prices, and the brcaking-up of a variety of private banks, which had been speculating and became involved through the unwar- rantable inflation of their paper issues. Personal experience has given some insight into the results which attended the outbreak of the American crisis of 1836-37, with the several SPECIAL CONTRAST OF THE SEVERAL COMMERCIAL CRISES. 45 phases of its development. Although the course of events was marked by a number of important failures, and the situation of the Bank, through the extent of credit, raised on the false foun- dation of the paper circulated between New York, Liverpool, and London, was critical, still the dark shadow cast by that event was not of very lengthened duration. Of course, many months elapsed before anything like an approach to recovery was evident, and it was very apparent that the trade, both of England and the United States, suffered for a considerable period from the prostration experienced. But the shock itself, notwithstanding it presented most alarming characteristics, was not to be compared to that which ensued from the extensive crisis of 1847-48, much less that of the later period of 1857-58. If the earlier may be characterized as one which exhibited a smart and effective blow to confi- dence, the second, which, through the enormous expansion produced by the railway mania, bound up, as it were, with the mercantile relations of the country, produced more wide-spread dismay and distrust, and, since the action of the bank directors told with more apparent force upon the course of the money- market, the consequence was very general disaster. It must, at the same time, however, be remembered that the position of the majority of the East Indian and Mauritius houses w^hich suc- cumbed, was anything but stable. Without imputing any im- proper motives to the heads of the several great establishments which, after maintaining a proud position for years, then col- lapsed, it is quite manifest that the system of business adopted facilitated their declension, for, instead of confining themselves to the legitimate operations of merchants and commission- agents, they entered deeply into various speculations, which involved their capital, and placed their immediate resources out of their own control. Large advances upon estates, both in India and tlie Mau- ritius, swallowed up their capital; and the necessary drain to maintain the expenditure on the plantations, and the required outlay to keep them in condition, and develop the special manu- facture of the staple in which they were engaged, whether cot- ton, indigo, sugar, etc., at once deprived them of the power of relieving themselves whenever a crisis arrived. The country, also, overweighted as it had been by the gigantic speculation, and losses produced by the collapse which followed the year 1815, 46 SPECIAL CONTRAST OF THE was ill a very impovcrislicd situation, and the responsibilities, which had been assumed in the shape of railway calls, and which soon manifested themselves in the most startling manner, aided to create the pressure which was then so universally felt. Meanwhile, although this fact was scarcely concurrent with the events which had shaken the commercial Avorld to its foun- dation, the elements of strife appeared in France, and the revolution of 184*8, so disastrous in its consequences, perpetuated that state of apprehension and distrust which was not for a lengthened period surmouuted. With the close of 1848, how- ever, the return to partial activity was exhibited, and although the effects were nevertheless protracted, the changes which affected the dynasty of Louis Philippe constituted almost a separate phase in the general course of affairs. The panic of 1847-48, properly so speaking, extended from the end of Sep- tember to the middle of November, when the Government Letter was issued, and although, subsequently, a good deal of disturbance was caused by the continuance of failures, and the arrangements necessary to bring into working condition the state of business, it could not be said that it had in reality lasted longer than six or seven weeks. Btit the peculiarities exhibited with respect to the crisis of 1857-58 were of a more marked and distinctive character, the antecedent causes having presented themselves in a new form. The first shock was certainly received by the disruption of mercantile credit in America ; and the revulsion which followed so rapidly spread, that the attempt to prepare against the con- sequences which it was predicted would be experienced at once showed that fictitious credit had strangely compromised the position of those who were largely engaged in the export trade of the United Kingdom. Particularly was this the case in the provinces, and doubtful as were the examples manifested of London business, fostered through accommodation paper, many country houses presented statements who, with small means, had encouraged tlie open credit system to an extent that was positively alarming, which proved beyond question that trade had been maintained on a foundation of so slight a character that, whenever the first blow came, it could not hope to with- stand its damaging impression. More remarkable than all was the utter disregard paid to every sound commercial principle, and the very revelations which SEVERAL COMMERCIAL CRISES. 47 attended some of the failures in the Metropolis, as well as those in Liverpool, Leeds, Iluddersfield, and the large manufacturing districts, gave evidence of the want of caution in granting facilities for adventures, or following out operations on a basis of capital in proportion to credit. If any testimony of this were required, reference need only be made to the revelations which ensued from the liquidation of the Western Bank of Scotland, the investigation into the affairs of the Liverpool Borough Bank, and the ultimate catastrophe connected with the Northumberland and Durham District Bank.* Exceptional cases were presented in which, fortunately, it was found that solvent houses, through the '' lock up " of valuable assets were unable temporarily to meet their engagements ; but these, when the current of adversity turned, were speedily realized, and those several establishments had the gratification of making a payment of twenty shillings in the pound, leaving them a large surplus to conduct their transactions, which had only experienced a temporary interference. Among these may be specially men- tioned the London houses of Messrs. Dennistoun and Co.;t Messrs. Heine, Semon, and Co. ; the Swedish firms of Messrs. Rew, Prescott, and Co. ; Messrs. Albert, Pelly, and Co. ; Messrs. Sewell and Neck; and the great Sheffield house of Messrs. Naylor, Vickers, and Co., — the latter presenting a speedy and most encouraging liquidation.! * The details of these cases were positively frightful. Bolstered credit, facilities of the most extensive character, with false reports and manufactured dividends, furnished evidence of the extreme laxity of management. t Vide some subsequent general remarks. 3; " A circular has been issued to-day by Messrs. Naylor, Vickers, and Co., of ShefBeld and Liverpool, whose suspension with large surplus assets took place during the height of the crisis last November, containing the satisfactory announce- ment of their resumption in full. It is understood that they are not only prepared to meet all claims with interest at 5 per cent., but even to discount every acceptance or other liability that may not yet have matured. At the time of the stoppage a balance-sheet was submitted showing property amounting to .=£590,000, to meet debts for i'365,000, leaving a surplus of ^'225,000, besides private means to the estimated extent of i:30,000 or i'40,000. But as four-fifths of the assets were in America, where the firm had establishments both at New York and Boston, it was believed that under the best circumstances a long time would be required for reali- zation, and the proposition made, therefore, was to liquidate by four quarterly instalments of 5s. each, the first maturing on the 15th of next July. The collections of the house, however, in all parts of the United States have since exceeded the best expect.ations, and, according to the general advices lately received, the losses not only of Naylor, Vickers, and Co., but of other firms of like repute, will, as compared with what was at one time apprehended, prove insignificant. The speedy restoration 48 SPECIAL CONTRAST OF THE With regard to the dividends on the general estates, there seems good reasons for believing, looking at the results of those which have at present been liquidated, that the distributions on the -whole, since the recent crisis, have on an average exceeded those which were paid during 1847-48.* So large an amount of liability as that which Avas exhibited by the houses crippled through the late revulsion, must have been maintained by a more sufficient total of assets, otherwise the rates of payment would not have been so satisfactory. In the antecedent period the large establishments, with few exceptions, paid only fractional dividends, and the enormous engagements which they were under showed that their transactions had not been, except in very special instances, represented by real property. At the same time, it must be admitted that the estates those houses were interested in suffered very great depreciation, and in many cases were eaten up by their mortgage liabilities, which rendered them, Avhen they came to be offered for sale, scarcely capable of any realization. The case was different in 1857-8. Although the cycle of ten years had past, the houses which suspended were neither of so long a standing, nor so important a growth. They did not include, like those of 1847-8, firms which had been in existence some half or quarter of a century; but they were sufficiently prominent to include establishments carrying out operations on a most extensive scale, and whose facilities of credit had of Naylor, Vickers, and Co. is the more remarkable from the fact, that the h-on and steel trade in this country has as yet exi^erienced but little revival, and under the circumstances it seems almost strange that they should have suspended at all. It must be remembered, however, that for tlie time the panic Avas so indiscriminate, especially in the case of all houses connected with America, that if the firm could liave shown a probable surplus of two or three millions instead of .£200,000 or £300,000, any attempt to obtain advances might have been equally futile. There are occasions on which it is a dut}' on the part of mercantile establishments, to the community as much as to tliemselves, to abstain from wild efforts, which can only add to the general confusion, and this was obviously a case of the kind." — The Times May 19th, 1858. * Tliis was not the case with houses abroad. In Hamburg and in Stockholm the majority of the estates proved lamentably deficient, and the system of credit pursued ii])peared most unsatisfactory. The consequence was such an involvement that paper accumulated so rapidly as to absorb everything tangible in the shape of assets. Korway represented the most favourable appearances, and business was stated to have been conducted on a more legitimate basis, the accounts of the firms exhibiting no very discreditable features. SEVERAL COMMERCIAL CRISES. 49 enabled tlicm to enlarge their engagements to almost an in- definite extent. The system of bnsiness nevertheless presented most nnsound symptoms^ especially that -which prevailed throiigh open credits. But it is rather singular that at this juncture one or t^yo of the houses which suspended in 1847-48 have, through the good management of their resources, and the arrangement of difficulties previously attending the adjustment of Mauritius claims, paid dividends in a greater ratio than was originally anticipated. These instances have, however, been rare, and can only be supposed to have occurred through ex- ceptional circumstances, and do not form a contrast with the average of the distributions made subsequently to the panic of 1857-58.* Notwithstanding the termination of the crisis, which, com- mencing at the end of September, lasted until the end of December, Avheu the issue of .€2,000,000 under the authority of the Government Letter was replaced (showing a duration of pressure of twelve or thirteen weeks), still the progress of busi- ness was far from favourable, and the paralysis which credit encountered was further affected by the failures which took place after that date.f From March to June, 1858, one or two important houses were brought to the ground, through the tem- porary '^dead lock" in China, but the statements indicated that there was reason to expect — a fact since partially verified — that the assets would produce a liquidation in full, and leave a con- siderable surplus. The relations with Brazil were also in a * At the very moment this sheet is passing through the press, the creditors of Messi-s. Reid, Irving, and Go. have received notice of another dividend. This estate was wound-up in 1847-48, and it was thought would only pay about Is. 6d. or 2s. Gd. in the pound. This arose through the inability to realize and convert estates. Ten years have elapsed, and through good management 6s. has already been received. Probably 10s. in the pound may eventually be distributed, and it seems certain that at least a total of 8s. or 9s. will be obtained. t In the depth of the crisis, about the middle of November, a report became current that the affairs of a large American firm were in a critical position. For some days the rumour spread, but it could not be traced to any positive source. It then turned out that the wealthy house of Messrs. George Peabody and Co., the American bankers and merchants, had been compelled to apply to the Bank of England for assistance, and it was not until considerable negotiation had taken place that the arrangements were concluded. These were effected on the security of Mr. George Peabody's private property, and the capital of the firm, backed by the guarantees of several of the metropolitau joint-stock banks. The amount advanced was speedily repaid, and it was eventually stated that the total sacrifice Sustained was only equal to about one year's profit. E 50 SPECIAL CONTRAST OF THE measure compromised by tlic difFicnlties of some of the houses connected with the trade of Rio Janeiro and Buenos Ayres; but the more severe crash which afterwards ensued, involving, with few exceptions, the Honduras trade, comprised the firms of Hyde, Hodge, and Co., of London; Mr. J. Carmichael, of Liver- pool; Archibald Montgomery and Co., of London, and a variety of smaller establishments. In these cases, again, the disclosures were unsatisfactory, and from the out-turn of estates, it was manifest that the same irregularity had occurred as in former failures, the establish- ments having been involved in liabilities for years past. The smaller houses engaged in relationship with them were " under acceptances^' for their accommodation to a great extent, and consequently found themselves compromised to an amount that included them in the general liquidation, and showed that the result was ruin to all who had mixed themselves up in these transactions. Yfith the conclusion of 1858 came a termination of the distress and disaster occasioned by those extraordinary events, and, looking impartially at the results of the career of that particular epoch, it must be confessed that the crisis of that period was much more severe in its general aspect than that of 1847-48, and that though the results, as far as dividends are concerned, compare favourably with those of 1847-48, the distress and wide-spread effect following the revulsion of 1857-58 were much more extensive. To establish this circumstance, the evi- dence of the eminent public accountants, Mr. J. E. Coleman and Mr. John Ball, may be referred to in the Appendix to the Bank Acts Committee's Report. Experience shows that the accommodation bill system as pursued in Scotland, the ramifications connected with which, as presented in the cases of Macdonald, Monteith, and Co., ex- tended even to London, and brought down a number of small tradesmen, Avho had been made the convenience of these esta- blishments, some of them receiving a commission for the use of their names, will, it is to be hoped, have inculcated a lesson which will not readily be forgotten, and the perils connected with which will act in future as a check to the recurrence of such operations. The fate of the Western Bank of Scotland, the Liverpool Borough Bank, and the Northumberland and Durham District Bank, with the serious liabilities entailed upon the directors SEVERAL COMMERCIAL CRISES. 51 and managers, furnishes another page in the annals of financial misconduct ; and although neither of these establishments has yet been brought to a final point of liquidation, it is painfully- certain that the calls will be heavy, and absorb, except in cases of compromise, the whole of the assets of the unfortunate shareholders. The expansion of trade, which was encouraged through the facilities granted by these establishments, and which, spreading to London, crossed the Atlantic, and again in turn to the north of Europe, incontestably establishes the wild and reckless character of the operations engaged in, the whole of which being supported on a l^asis of credit out of all due pro- portion to the capital embarked, required a reaction only such as was inaugurated by the revulsion in America to create that state of affairs which so speedily engendered distrust, and brought with it the fearful consequences already described. At the time of the general excitement, when the press was teeming with descriptions and statistics concerning the crisis, the following comparative summary was put forward in a lead- ing daily journal: — "The papers, in commenting upon the recent failures which have taken place among the mercantile community, agree in what was stated in the House of Commons during the debate on the crisis, that the liabilities of the sus- pended firms reach at least .£45,000,000, or double the amount of the total in 1847. Including in the estimate the debts of the five banks, taken at .€23,000,000— viz., the Western of Scot- land, the Northumberland and Durham District Bank, the Liverpool Borough, the City of Glasgow, and the Wolver- hampton and Staffordshire — it is clear that the entire sum is probably nearer £50,000,000 ; and before the effects of the panic are exhausted, a large augmentation must be looked for. It is, nevertheless, pretty certain that the suspensions in Lon- don and the provinces m 1847 — extending as they did to the termination of the year, and even into the commencement of 1848— represented a greater sum than £32,500,000, or £25,000,000 ; but the approximate calculation is nearly correct, and will, no doubt, be borne out in a great measure by results when the crisis shall have entirely passed. The bank suspen- sions on the present occasion, although not more numerous, have involved larger amounts, and have, consequently, increased the unfavourable proportion. In producing the list of the principal London failures, slightly amended and amplified by 52 SPECIAL CONTRAST OF THE the description of tlie trade of the firm^ it may be noticed tliat singularly enough, both in the crisis of 1847 and that of 1857, two leading bill-brokers have been compelled to succumb — Messrs. Sanderson and Co., who suspended in the former period, having again failed under the new fu'm of Messrs. Sanderson. Sandeman, and Co, ; and Messrs. Bruce, Buxton, and Co., who liquidated under that pressure, again following out a similar process through the title of IMessrs. Bruce, Wilkinson, and Co., the creditors, as before, in each case, being assured of 205. in the pound. The appended failures occurred between October, the date of the actual commencement of the existing pressure, and the 19th inst., the Government Letter having been issued on the 12th of November, and the rate of discount fixed at 10 per cent. : — Eoss, Mitclicll, aud Co., Canadian trade .„ £336,282 W. H. Brand and Co., American trade 235,524 John Haly and Co., American trade 47,509 A. Hill, commission-agent and insurance-broker G1,2G8 Powles Brothers and Co., Spanish American trade 50,000 Dennistoim and Co., American bankers and exchange- brokers 2,143,701 Bcnnoch, Twentyman, and Bigg, silk dealers and manufacturers 257,694 Broadwood and Barclay, West India trade 212,020 Joseph Foot and Sons, sUk manufactm-ers 27,640 Sanderson, Sandeman, and Co., bill-brokers*' 5,298,997 Bruce, Wilkinson, and Co., bill-brokers, in liqvudation not stated Wilson, Morgan, and Co., wliolesale stationers 25,629 Fitch and Skeet, provision trade 55,000 Draper, Pietroni, and Co., IMediterranean trade 300,000 Jelhcoe and Wix, drysaltery trade not stated Jose P. de Hk aud Co., Brazilian trade 15,230 Bardgctt and Picard, corn trade 85,142 IToare, Buxton, and Co., North of Em-ope trade 466,601 Edwards and Mattliie, East India and colonial trade 350,000 E. Sieveking and Son, North of Europe trade 400,000 Allen, Smith, and Co., North of E ui-ope trade 20,306 Svensden and Johnson, Norfli of Em-ope trade iiot stated Gorrissen, Iluilel, and Co., American bankers and exchange-brokers . . . £125,310 Brocklcsby and Wcssels, corn trade 40, 486 K. Bainbridge and Co., American trade not stated Hermann, Sillem, Son, and Co., Ilambm-g trade not stated Carr, Joshng, and Co., North of Europe trade 300,000 A. Ilintzand Co., North of Europe trade 101,439 Rebder and Boldemann, Hamburg trade 100,000 * Most of the creditors on this estate hold security in the shape of bills of exchange, which are rapidly runiung off. Hence the extent of the fadure is more apparent than real. SEVERAL COMMERCIAL CRISES. 53 Henry Hoffman and Co., Hamburg and Gennan trade £100 000 Herman, Cox, and Co., Hamburg and Grerman trade GO 000 Eischotr, Beer, and Co., foreign trade 30 000 Mendes Da Costa and Co., West India trade 231 67.3 Kieser and Co., German trade 50 000 Barber, Eosenauer, and Co., foreign trade 32 488 Hirscli, Strotlicr, and Co., German trade not stated r. and A. Bovct, East India and China trade not stated C. A. Jonas r.nd Co., foreign trade 100 000 Scwells and Neck, North of Eiu'ope trade 500,000 Albert Pelly and Co., North of Em-ope trade 170,000 Krcll and Cohn, German trade not stated W. Caudery, general merchant 30 000 W. B. Filler, general merchant 140 000 Hadland and Co., Manchester trade 40 000 Liclitenstein and Co., German trade 80 OOO J. H. Baird and Co., Austrahan trade 21 258 Heme, Semon, and Co., German bankers and exchange-brokers 700 000 Wcmholt, Wehner, and Co., East India trade 300 000 T. II. Elmcnhorst and Co., German trade not stated Montoya, Saenz, and Co., Spanish American trade not stated T. G. Ward, Smithfield, banker not stated H. and M. Toldorph, and Co., German trade not stated Eew, Prescott, and Co., North of Europe trade 150,000 E. Willey and Co., shawl manvifacturers, etc 50,000 G. H. T. Hicks, East India trade 151,900 Powell and Son, Manchester trade 60,000 " In the crisis of 18-1-7 the bank failures niimberecl four of importance, viz., the Eoyal Bank of Liverpool, the Liverpool Banking Company, the Nortli and South Wales Bank, and the Newcastle Joint-stock Bank; besides the Abingdon and "Wantage, the Oldham Bank, and six other small private firms at St. Alban's, Salisbury, Shaftesbury, Shrewsbury, Honiton, and Bridport. The pressure at this period took place in August, when the suspensions in the corn trade were announced, and continued with unabated severity through September and October, the Government Letter having been issued on the 25th of the latter month, and withdrawn on the 23rd of November. During this interval the mmimum rate of discount was 8 per cent. The extent of the liabilities of many of the firms which then suspended may be contrasted with the details previously given by reference to the annexed list : — Alexander, L., and Co., corn trade £573,188 Barclay Brothers and Co., Mauritius trade 389,504 Booker, Sons, and Co., corn trade -40,000 54 SPECIAL CONTRAST OF THE Bruce, Buxton, and Co., bill-brokers £347,000 Bensusan and Co., Mogador titide 57,961 Boyds and Thomas, East India trade 38,684 Cockerell, Larpent, and Co., East India trade 619,393 Castellain, Sons, and Co., general merchants 69,651 Cotsworth, PowcU, and Pryor, Brazilian and Spanish American trade 350,000 Cruikshank, JMelviUe, and Co., East and West India trade 182,984 Coventry and Sheppard, coi-n trade 200,000 Douglass, C, and Son, com trade 250,000 Eraser, W. T., East India trade 33,665 Fry, Griffiths, and Co., colonial brokers 90,979 Gower, A. A., and Nephews, Spanish and Mauritius trade 450,832 Giles, Son, and Co., corn trade 152,824 Hastie and Hutchison, com trade 50,451 Johnson, Cole, and Co., East India trade 122,666 King, Melville, and Co., com trade 200,000 Kingston, J. and Co., West India trade 25,245 Lackersteen, A. A., East India trade 185,529 Lackersteen and Crake, East India trade 133,091 Leaf, Barnett, Scotson, and Co., warehousemen 85,575 Lyall, Brothers, and Co., East India trade 340,387 Morley, J. and W., warehousemen 119,731 Nevins and Allen, corn trade 69,907 Perkins, Sclilusser, and Mullens, East India and Baltic ti'ade 127,327 Phillips, S., and Co., East India trade 101,474 Plulhps, L., and Co., East India trade 18,368 Beid, Irving, and Co., West India and Mavu-itivis trade 660,432 Bickards, Little, and Co., East India trade 144,626 Bougemont Brothers and Co., general merchants 109,450 Bobinson, W. R., and Co., com trade 94,362 Eyder, Wienholt, and Co., East India trade 34,587 Beay and Eeay, wine trade 47,788 Scott, BeD, and Co., East India trade 99,629 Sargant, Gordon, and Co., colonial brokers 65,254 Sanderson and Co., bill-brokers 2,683,000 Thurburn and Co., East India trade 109,139 Thomas, Son, and Lefevre, Bussia trade 401,760 Trueman and Cook, colonial brokers 379,104 TJsborne, T., and Son, com trade 59,457 Woodley, W. and J., com trade 99,509." Subsequently to tlic subsidence of the crisis, and when a sufficient period had elapsed to allow the principal estates estimated to produce 20.9. in the pound, to be liquidated, the Morning Herald, in presenting some facts on the subject, thus alluded to the course of affairs : — "In the midst of the fraud and deception daily practised in trade and business relations, it is highly gratifying to be in a position to refer to the speedy fulfilment of honour- SEVERAL COMMERCIAL CRISES. 55 able engagements, and to the several favourable instances which have occurred through the progress of the late panic, in which houses of established credit and wealth did not hesitate, when it became their bounden duty to do so, to suspend, in order to protect the interests, not only of them- selves, but also of those who were interested in their estates. Among the earliest of the large houses prostrated was that of Messrs. Dennistoun and Co., of Glasgow, Liverpool, and Lon- don, who, with connections in Australia and America, were under liabilities to the extent of upwards of £2;000,000. Not- withstanding the reputed position of the partners, and the knowledge of the existence of a surplus of at least £500,000, it was considered advisable, pending the fury of the storm, to arrest their business transactions, and to adopt measures for a liquidation. The certainty of 20s. in the pound, with interest at the rate of 5 per cent., was fully relied upon, since the accounts, when they were placed under investigation, exhibited the most encouraging results ; but it was arranged to extend the instal- ments over a period running from January, 1858, to June, 1860. The assets were taken with due regard to ultimate realization, and although in the aggregate they exhibited an enormous excess, it was considered desirable to make allowance for depre- ciation, etc. Even including a large margin, they still repre-- sented a highly satisfactory total ; and as the dates for the first instalments approached, not only were these paid, but succeed- ing ones also. In this manner have they proceeded, rapidly realizing their assets, until at length they have placed them- selves in a situation to announce a further anticipation of pay- ments, and to advise on the 30th of November their readiness to discharge the instalments due respectively the 31st of December, 1859, and the 30th of June, 1860. Circumstances may have in some degree influenced the value of the mass of securities they held, and a change in the prices of produce may have also assisted to bring about this agreeable conclusion; but at the same time the basis of business must have been very sound, and its conduct well regulated to have ensured so favourable an issue, surrounded as their concerns must have been by disaster and supposed loss. An event such as this in mercantile annals, especially after the experience of the last ten years, deserves something more than passing comment; but it is satisfactory to believe that in addition to the case of 56 SPECIAL CONTKAST OP THE Messrs. Dennistoun and Co., and those of the principal Swedish houses, who were, unfortunately, during the crisis, temporarily compelled to suspend, there are others in which the liquida- tion will not be less punctual, though the engagements and proportional assets may not prove so large. The favour- able adjustment effected in the estates of Messrs. Sewells and Neck, Messrs. Albert Pelly and Co., and Messrs. Rew, Prescott, and Co., all engaged in the Swedish trade, with the prompt manner in which Messrs. Heine, Semon, and Co., the German bankers and exchange brokers, provided for their liabilities, have already been more than once referred to ; but failures have occurred subsequently not to be comprised within the actual pale of the late panic, though probably some of their difficulties originated in the depression which followed that revulsion. The firms specially indicated are Messrs. Maitland, Ewing, and Co.,* and Messrs. Rawson, Sons, and Co.,t both engaged in the China trade, w^hose affairs are in steady course of arrangement, with assets accumulating, and every prospect of a full payment of 20s. in the pound. This is so far appre- ciable, as it shows that the commercial character of the covmtry has not altogether descended to the depth of degradation supposed from the revelations made in other cases, though it is still difficult to close the eyes to the amount of fraud perpe- trated under the guise of fair trading. Taking the number of houses which have paid in full, with the average of dividends declared iinder the various estates, it is thought that the results ■will contrast favourably with those apparent during and subse- quent to the crisis of 1847-48. Only exceptional instances then appeared of 20s. in the pound, even among the best of the firms that suspended, and in this category could not be included Messrs. Cockerel!, Larpent, and Co., Messrs. Barclay Brothers, and many others. '' The appended list makes a respectable exhibition for the several houses stated, and while the figures, through the process of liquidation, may have varied, they have not, like in the principal of those put forward in the preceding period, turned out altogether fallacious, and eventually exhibited serious " * This liouse has liquidated in full, witli inttTcst. " t Since this was penned an alteration has occurred in Messrs. Bawson's pro- spects, and it is now feared they will not liquidate in full. SEVERAL COMMERCIAL CRISES. 57 deficiencies. In some of the cases the engagements were much larger at the date of suspension^ but by the time tlie meetings took place they became considerably reduced. 1857. Nov. 7. J. and A. Dcnnistoiin and Co. Dec. 5. Scwells and Neck Dec. 7. Albert Pelly and Co Dec. 10. Heine, Semon, and Co Dec. 14. Hew, Prcscott, and Co 1S5S. April 3. Mailland, Ewing, and Co. June 2. Rawson, Sons, and Co. ... Liabilities. £ 2,142,701 150,675 36,.316 93,08J. 95,703 164,392 422,151 Assets and Claims. £ 2,935,992* 188,257 85,741 130,916 103,451 193,049 457,399 Surplus. £ 793,291 37,582t 49,425t 37,832§ 7,748 28,650 35,24811 As supplementary matter to this Section, it has been thought desirable to give the Report of the Bank Acts Committee as corroljorative of the general circumstances detailed. THE SELECT COMMITTEE appointed to inquire into the Operation of the Bank Act of 184i (7 and 8 Vict. c. 32), and of the Bank Acts for Ireland and Scotland of 1845 (8 and 9 Vict. o. 37 and 38), and who were instructed to inquire into the Causes of the recent Com- mercial Distress, and to investigate how far it has been affected by the Laws for Regulating the Issue of Bank Notes payable on demand, and who were empowered to Report their Observations thereupon, together with the Minutes of the Evidence taken before them : — Have considered the matters to them referred, and have agreed to the following REPORT : — 1. The ten years whifh have elapsed since the last Committee sat under the same Order of Reference, viz., the Committee on Commercial Distress, which reported in 1818, have been marked by many circum- stances of peculiar interest and importance. The foreign trade of the United Kingdom has in that period increased with a development unpre- cedented, perhaps, by any other instance in the history of the world. " * Tills item included Liverpool Borough Bank shares held by partners, £208,873. " t Private estates, estimated to realize £20,000, not included. " X Principal siu-plus, private property. " § Private property, £15,000, not included. " II Separate estates of partners about £12,600, included in the account." 58 FULL REPORT ON THE BANK ACTS. Tlie exports, wliicli before 1848 had never exceeded £60,110,000— the amount which they attained in 1845 — have risen with little variation and with great rapidity ; and in 1857, notwithstanding the severe commercial pressxu-e which marked the latter portion of that year, they stood at £122,155,000. 2. In the year 1849, the newly-discovered mines of California began to add perceptibly to the arrivals of gold ; and in 1851, the supply was increased by the still more fertile discoveries in Australia. The following figures, for which your Committee are indebted to the authorities of the Bank, will show how important an addition appears to have been made to the circulating medium of the world from these new sources of supply. ESTIMATED INCEEASE OF THE ETJEOPEAK STOCK OF BlfLLION IN SEVEN TEARS, 1851-1856. Imports from Producing Countries. Exports to the East from Great Britain and the Mediterranean. Gold. Silver. Gold. Silver. 1851 1852 1853 1854 1855 1856 1857 £ 8,654,000 15,194,000 22,435,000 22,077,000 19,875,000 21,275,000 21,366,000 £ 4,076,000 4,712,000 4,355,000 4,199,000 3,717,000 4,761,000 4,050,000 £ 102,000 922,000 974,000 1,222,000 1,192,000 479,000 529,000 £ 1,716,000 2,630,000 5,559,000 4,583,000 7,934,000 14,108,000 20,146,000 130,876,000 29,870,000 5,420,000 56,676,000 GOLD. The total hnport of gold in seven years has been, say £130,000,000 The exports of gold bullion and British gold coin to India, China, Australia, the Cape, Brazils, the West Indies, United States, etc., may betaken at 22,500,000 Which woidd leave as the increase to the Eiu-opean stock of gold £107,500,000 The exports of silver to India and Chuaa have been £56,676,000 The imports from the producing countries ......... 29,870,000 Making the amount of silver abstracted from tlie European stock 26,806,000 And the cstunated mcrease in the European stock of bullion £80,694,000 3. The remission of duties upon articles of necessity, and upon the raw materials of industry, and the great increase of trade to which your FULL REPORT ON THE KANK ACTS. 59 Committee have referred, were naturally attended by a very remarkable improvement in the comforts and consuming power of the people, as exhibited in the imports ; and especially in the vast increase in the clear- ances of those articles which enter most materially into the consumption of the working classes. It is probable that to this cause ought chiefly to be attributed the great increase which is believed to have taken place in the circulating medium of the IJnited Kingdom. Mr. Weguelin, a Mem- ber of the Committee, and then Governor of the Bank, stated to the Committee of 1857, that this increase was estimated by those in whose judgment the Bank Directors placed the greatest reliance, at 30 per cent. in the six years then last elapsed. The total gold circulation is believed by him now to amount to nearly £30,000,000. The whole circulation of notes, which imder the Acts of 18M and 1845 are permitted to circulate, without being represented by bullion, retained for that purpose in the coSers of those who issue the notes, is £31,623,995, of which £14,475,000 are issued by the Bank of England ; £7,707,292 by the Enghsh country bankers; £3,087,209 by the Scotch, and £6,354,494 by the Irish bankers. 4. With regard to bank notes, it is interesting here to observe, that in the smaller denominations, those, namely, which enter most into the retaU transactions of the country, the number has considerably increased, concurrently with the increase of the gold circulation above referred to. The £5 and £10 notes of the Bank of England, which in 1851 were £9,362,000, had risen in 1856 to £10,680,000. 5. At the same time, for a reason which will presently be noticed, a great diminution has been observable in the xise of notes from £200 and upwards. 6. The silver currency has in the same time increased as follows, viz. :— SILVER COIK ISSUED TO THE PUBLIC IN EXCESS OF EECEIPTS FEOM THE PUBLIC. 1851 £26,307 1852 420,418 1853 554,442 1854 36,803 1855 47,754 1856 289,142 1857 242,273 7. "While this expansion of trade was in progress, and the precious metals received this remarkable addition, a new feature in the banking business of the country was observable. The joint-stock banks in Lon- don entered more and more into competition with the private banks, and by their practice of allowing interest on deposits, began to accumu- late vast amounts. On the 8th June, 1854, the private bankers of London admitted the joint-stock banks to the arrangements of the clearing-house, and shortly afterwards the final clearing was adjusted in the Bank of England. The daily clearances are now effected by transfers in the accounts which the several banks keep in that establishment. In conse- 60 FULL REPORT ON THE BANK ACTS. quence of the adoption of this system, tlic large notes which, the bankers formerly employed for the purpose of adjusting their accounts are no longer necessary. The diminution in the use of these notes is shown by the following figures : — Bakk Notes of £200 to £1,000. 1852 £5,856,000 1857 3,241,000 8. Meanwhile the joint-stock banks of London, now nine innumbei*, have increased their deposits from £8,850,771 in 1847 to £43,100,724 in 1857, as shown in their published accounts. The evidence given to your Committee leads to the inference that of this vast amount, a large part has been de- rived from sources not heretofore made available for this purpose ; and that the practice of opening accounts and depositing money with bankers has extended to numerous classes who did not formerly employ their capital in that way. It is stated by Mr. Ilodwell, the Chairman of the Asso- ciation of Private Country Bankers, and delegated by them to give evidence to your Committee,'^that in the neighbourhood of Ipswich this practice has lately increased fourfold among the farmers and shopkeepers of that district ; that almost every farmer, even those paying only £50 per annum rent, now keep deposits with bankers. The aggregate of these deposits of course finds its way to the employments of trade, and especially gravi- tates to London, the centre of commercial activity, where it is employed first in the discount of bills, or in other advances to the customers of the London bankers. That large portion, however, for which the bankers themselves have no immediate demand passes into the hands of the bill- brokers, who give to the banker in return commercial bills already dis- counted by them for persons in London and in diflferent parts of the country, as a security for the sum advanced by the banker. The bill- broker is responsible to the banker for payment of this money at call ; and such is the magnitude of these transactions, that Mr. Neave, the present Governor of the Bank, stated in evidence, "We know that one broker had 5 millions, and we were led to believe that another had between 8 and 10 millions ; there was one with 4, another with 3i, and a third above 8. I speak of deposits with the brokers." 9. It thus appears that since 1847 three most important circumstances have arisen, afFeeting the question referred to your Committee, viz. : — 1. An unprecedented extension of our foreign trade. 2. An importation of gold and silver on a scale unknown in history since the period which immediately succeeded the first discovery of America ; and, 3. A most remarkable development of the economy afibrded by the practice of banking for the use and distribution of capital. 10. In the years which immediately succeeded the great commercial crisis of 1847-48, the natural effect of such a crisis on the minds of persons engaged in trade was exhibited, and for a time prudence and caution were the marked characteristics of the commercial world. The bullion FULL REPORT ON THE BANK ACTS. 61 in the Banlc meanwhile accumulated, increasing, with little variation, until, in July, 1852, it amounted to £22,232,000. At this time the notes in the hands of the public ran to the unusually large amount of £23,380,300, yet scarcely exceeded the amovmt of bullion, while the reserve of notes in the banking department of the Bank of England was 12| millions, and the minimum rate of interest two per cent. 11. The consequence of such a state of things was manifested in the year 1853, when the exports, which in 1852 had amounted to £78,076,000, rose to £98,933,000. The bullion at the same time declined, and was on the 22nd October of that year £14,358,000, while the reserve went down to £5,604,000, and the minimum rate of interest rose to five per cent. 12. In March, 1854, war was declared against Eussia, and an expen- diture of nearly 90 millions is estimated to have been incurred by England on this account. The foreign payments were largely made in specie, which to a great extent was hoarded in the East. Foreign loans were also contracted in London for the purposes of the war. The aggregate trade of the United Kingdom varied little. The Bank rate of discount was ' raised in May, 1854, from 5 to 5.v per cent., and continued at that rate till August 3, when it was again reduced to 5. On the 5th April, 1855, it was reduced to 4^, the bullion then standing at £15,079,000, and the reserve at £8,580,000. The bullion continued to rise, until in June it amounted to £18,169,000, and the reserve to £11,887,000. Before the end, however, of that year a great change occurred, and on the 27th December the bullion stood at £10,275,000, the reserve at £6,993,000, while the minimum rate of interest had been raised en 18th October to 6 per cent, for 60 days, and 7 per cent for 95 days, at which rate it stood till the following May. The changes in the rate of discount which took place from April, 1855, to March, 1857, are thus stated by Mr. Weguelin : — " I have here a list of the various changes in the rates, beginning at April 5tb, 1855, when the minimum rate of discount for bills having not more than 95 days to run was 4^- per cent. On May 3rd, it was reduced to 4 per cent. On June 14th, it was reduced again to 3^ per cent. On September Gth, it was raised to 4 per cent. On September 13th, to 4^ per cent. On September 27th, to 5 per cent. On October 4th, to 5^- per cent. The Committee will remark that very rapid rise in the rate of interest which was caused by the commercial demand for accommodation, and for the export of bullion, occurring at the same time with a considerable demand for bullion to supply the armies in the East. On the 18th of October the rate was 6 per cent, for bills having 60 days to run, and for bills having 95 days to run it was 7 per cent. In 1856, on the 22nd of May it was reduced to 6 per cent., and on the 29tli of May to 5 per cent., and on the 26th of June to 4| per cent., the minimum rate. There then occurred a great demand, and the rate was raised by order of the Governor, on October the 1st, to 5 per cent. That was not on the ordinary weekly court day, but in the interval of the court. On October the 6th (which was again not on a court day, but on a Monday) the rate was raised to 6 per cent, for 60 days' bills, and to 7 per cent, for bills not having more than 95 days to run. On November the 13th, the minimum 62 FULL REPORT ON THE BANK ACTS. rate for bills of all descriptions Laving not more tlian 95 days to run was raised to 7 per cent. On December the 4tli, it was reduced to 6i, and on December the 18th to 6 per cent., at which it now stands. Here is also an account of the variations with regard to temporary advances upon stock. The first recent deviation from the practice that temporary advances on stock and Exchequer bills should be made at the Bank minimum rate ordinarily, and at a half per cent, below the minimum during the shuttings, seems to have occurred in July, 1854, when Exchequer bond scrip was iu the market. The Bank minimum rate Avas then 5| per cent., temporary advances were made at 5 per cent., and advances were made on Exchequer bond scrip at 4 per cent. I believe that was an especial arrangement at the time, which had not much reference to the state of the money-market. The term of those advances varied from 14 to 31 days. During the shutting for the dividends due iu January, 1856, the allowance of a half per cent, on advances on stock, etc., was withdrawn, and no such advances have since been made * at a rate below the Bank minimum. On the 8th of January, 1856, the demand for advances, chiefly on Turkish scrip and bonds continuing beyond the payment of the dividends, the term was contracted to 14 days. During the shutting for the April dividends this restriction was removed. After the April payment the general term was 14 days ; but there does not appear to have been any restriction to that period. After the October payment the term was contracted to seven days ; and on the 16th of October the Bank refused to advance on any Government securities except Exchequer bills. About the 11th of November the Bank declined to re- discount bills having more than 30 days to run; that is, bills which had beeu advanced upon by brokers. During the shutting for January, the usual course was resumed, without restriction as to stock or term. On the 9th of January, 1857, the rate for advances on Government stocks and Exchequer lulls was raised to 6| per cent., the rate on bills of exchange remaining at 6 per cent. ; and this restriction remained in force till the present shutting. It is now 6 per cent. In addition to those restrictions, I may state that the Governors have placed certain restrictions iipon the business conducted through the discount-brokers. In their business with them, when it siuted the convenience of the Bank to have only short bills, they have limited their advances to the discou.nt-brokcrs to 30 days, or have insisted upon their bringing in bills not having more than 30 days to run ; the object being to obtain such a command of resources constantly returning to the Bank reserve as should keep the Bank safe in that respect." 13. Down, therefore, to the close of the inquiry of 1857, the Bank of England had continued, under the Act of 1844, to conduct its business without dilUculty. The rate of discount had been raised, and echeance of bills shortened, as the drain for bullion appeared to the Directors to render these measures necessary from time to time. But neither the failure of the silk crop in Italy, with the bad harvests in France and other parts of Europe, and the commercial drain thence arising, nor the requirements of specie for the military service, nor both these causes combined, had occasioned any important derangement of our monetary system. FULL REPORT ON THE BANK ACTS, 63 The course of trade may bo collected from the exports of the years referred to, viz. : — 1852 £78,076,000 1853 38,933,000 1854 97,181.,000 1855 95,688,000 1856 115,820,000 1857 122,155,000 These exports do not include shipments of stores in Government transports. 14. In the earlier part of the autumn of last year, the trade of the United Kingdom was generally considered to be in a sound and healthy state, and in the words of the Governor of the Bank, in reply to the following question : — " Was there, in the month of August, any circumstance which caused you to be apprehensive of any reason for raising thte rate of discount ? — Not in the month of August ; things were then pretty stationary ; the prospects of harvest were very good; there was no apprehension that commerce at that time was otherwise than sound. There were certain more far-seeing persons who considered that the great stimulus given by the war expenditure, which had created a very large consumption of goods imported from the East and other places, must now occasion some collapse, and still more those who observed that the merchants, notwithstanding the enhanced prices of produce, were nevertheless importing, as they had done successfully in the previous years. But the pubUc certainly viewed trade as sound, and were little aware that a crisis of any sort was impend- ing, far less that it was so near at hand." 15. In this state of things, the bullion standing at i;J10,606,000, the reserve at £6,296,000, and the minimum rate of discount at 5i- per cent,, the Bank, on the 17th of August, 1857, commenced a negotiation with the East India Company, which ended in a shipment of £1,000,000 in. specie for the East. The general aspect of affairs continued without change until the 15th September, when the first tidings arrived of the great depreciation of railway securities in the United States, and imme- diately afterwards of the failure of a very important corporation, called the Ohio Life and Trust Company. Before 8th October the tidings from America had become very serious j news of the suspension of cash pay- ments by the banks in Philadelphia and Baltimore was received ; cotton bills were reduced to par, and bankers' drafts to 105 ; railroad securities were depreciated from 10 to 20 per cent. ; the artisans were getting out of employment ; and discounts ranged from 18 to 24 per cent. The transactions between America and England are so intimate, and so large, the declared value of British and Irish produce exported in 1856 to the United States having been £21,918,000, while the amount of securities held by English capitalists in America was by some persons estimated at £80,000,000, that this serious state of commercial disorder there could not but produce in this country great alarm. 10. In New York, 62 out of 63 banks suspended their cash payments. 64 FULL REPORT OX THE BANK ACTS, la Boston, Philadelphia, and Baltimore, the banks generally did the same. The effect of the American calamity fell with the greatest weight upon the persons engaged in trade with that country, and Liverpool, Glasgow, and London naturally exhibited the first evidences of pres- sure. On the 27th October the Borough Bank of Liverpool closed its doors, and on the 7th November the great commercial house of ]Messr3, Dennistoun and Co. suspended payment. The "Western Bank of Scot- land failed on the 9th November, and on the 11th the City of Glasgow Bank suspended its payments, which it has since resumed. The Northumberland and Durham District Bank failed on the 26th, and on the 17th the Wolverhampton Bank for a time suspended payment. 17, Great alarm naturally prevailed in London, the centre of all the monetary transactions of the world. Vast sums deposited with the joint- stock banks, at interest, and employed directly by themselves, or by the bill-brokers, in addition to other moneys deposited by their other customers, were chiefly held at call ; and the bill-brokers are stated to have carried on their enormous transactions without any casli reserve ; relying on the run off' of their bills falling due, or in extremity, on the power of obtaining advances from the Bank of England on the security of bills under discount. The inevitable result of this system, at a time of commercial pressure and alarm, was, that the banks limited their discounts almost exclusively to their own customers, and began to add to their reserves both in their own tills and at the Bank of England. It is well known that a periodical disturbance in the reserve of notes at the Bank of England regularly occurs at the time when the dividends upon the National Debt are paid. Interesting information will be found in the evidence of 1857 as to the effect of this disturbance in aggravating the panic of 1817. It bad no such effect last year. By the 24th October that periodical disturbance was at an end. The public deposits also were in a satisfactory state, amounting to £'-l,862,000. It is interesting to observe, with regard to the private deposits, that the causes to which your Com- mittee have above referred to, as affecting other bankers, tend to increase the balances of the Bank of England, the bank of last resort at a time of panic. Thus, for example, the deposits of the London bankers, which in ordinary times average about £3,000,000, continued to rise during the commercial pressure, and amounted on the 12th November to £5,458,000. The Inll-brokers were compelled to resort to that establishment for assistance ; and that to so great an extent, that the principal house went to the Bank to ask whether they could obtain discount to an indefinite amount, and actually received, on one day, the day on which the Treasury Letter was issued, no less a sum than £700,000. Two discount houses failed. Speaking of the general discount market, the Governor of the Bank stated : " Discounts almost entirely ceased in London, except at the Bank of England." 18. It is manifest, therefore, that in this emergency everything depended on the Bank of England ; and it appears to your Committee that the proceedings of that establishment were not characterized by any want of foresight or of vigour. On the IGth July, however, before any FULL REPOllT ON THE BANK ACTS. 05 indications of the coming storm were visible in any qiiarter, tlie Imlliou read £11,242,000. the reserve £0,408.000, the discounts and advances £7,632,000, and the Directors reduced the rate of interest from 5 to 5^ per cent. On the 8th October, after the receipt of the American intel- ligence above referred to, the bullion was £9,751,000, the reserve £4,931,000, the discounts and advance.s 11,648,000, and the rate of in- terest was raised again to 6 per cent. Four days afterwards, the rate was raised to 7. The causes of this step are thus stated by the Governor : — '• Then four days afterwards there was another change ? — Yes on the 12th. After having raised the rate to 6 per cent, we thought it necessary to give a giiarded caution to our agents, showing that we began to be a little uneasy. The rate at Hamburg was 7f ; American discounts then were greatly higher. \\'e also about that time were made aware that the East India Company would want £1,000,000 specie for shipment. The gold was then being taken for Kew York ; we consequently raised the rate of interest under those circumstances to 7 per cent. " The bullion which was wanted for the East being silver, was to be purchased by the export of gold ; that gold to be exchanged for silver upon the continent of Europe, which silver was to be sent to the East ? — That was the effect of it ; the exports to India were very large each month ; but as they were in silver, of course that silver had to be pur- chased on the Continent or imported from America. " I think it was about the 12th of October that you were first appre- hensive about the Western Bank of Scotland? — Yes ; we had no direct application at that time, but there were rumours, and we had intimations which made us aware that they were in difficulties." 19. On the 19th October, the news from America continuing still more unfavourable, there were numerous failures in this coixntry. The bullion had gone down to £8.991.000, and the reserve to £4,115,000, and the rate of interest was raised to 8 per cent. At this time the Bank of France, which in one week had lost a million sterling, raised the rate to 7|-, Ham- burg to 9. £300,000 in gold had left Liverpool for America. 20. At this juncture negotiations took place for sustaining the Borough Bank of Liverpool and the Western Bank of Scotland, which eventually failed, under the circumstances related by the Governor of the Bank. 21. There was great uneasiness out of doors {i.e., in London), and the Bank had an application from the principal discount house for an assur- ance, that if it was necessary the Bank of England would give them any loans they might require. That application was made on the 28th October. There were also inquiries for assistance from other Scotch banks ; and on the 30th October there was an express for 50,0(K) sove- reigns for a bank in Scotland, part of £170,000, and £80,000 for Ireland. The first shipment of silver by the East India Company then took place. Under these circumstances the rate of discount was raised, on November 5th, to 9 per cent. 22. Between the oth November and the 9th, an English bank received assistance from the Bank of England ; the failure of Dennistoun's house for acceptances due \ipon lu^arly two millions occurred, and the Western 66 FULL REPORT ON THE BANK ACTS, Bank failed on the 9tli. Failures in London were on the increase. At this time (as was natural) the purchases and sales of stock in the funds were enormous. The trans fei's were much beyond what they had ever been before. The bullion had sunk to £7,719,000, and the reserve to 2,834,000. On the 9th the rate was raised to 10 per cent. 23. On the lOth November, a leading discount house applied to the Bank of England for £400,000. The Bank of France raised its rate to 8, 9, and 10 per cent, for the three different mouths. There was another English bank assisted. The City of Glasgow Bank suspended payment. The discounts for that day at the Bank of England rose to £1,126,000. The demand for Ireland was recommencing, and on the 10th and 11th alone the gold sent to Scotland was upwards of £1,000,000. On the 11th, Sanderson and Co., the large bill-brokers, stopped payment, their deposits were supposed to be £3,500,000. There was also an additional supply of gold required for the banks in Scotland. On the 12th the discounts at the Bank exceeded two millions. The following figures sufficiently exhibit the result of the foregoing operations, viz. : — Bullion. Resei've. Discounts and Advances. £m. £m. £m. 10 7,411 2,420 14,803 11 6,666 1,462 15,947 12 6,524 581 18,011. 2ii. The G-overnment Letter was issued on the 12th, and was in the following terms : — " G-entlemen, " Downing Street, 12th Nov. 1857. " Her Majesty's Government have observed with great concern the .serious consequences which have ensued from the recent failure of certain joint-stock banks in England and Scotland, as well as of certain large mercantile firms, chiefly connected with the American trade. The dis- credit and distrust which have resulted from these events, and the with- drawal of a large amount of the paper circulation authorized by the existing Bank Acts, appear to Her Majesty's Government to render it necessary for them to inform the Directors of the Bank of England, that if they should be unable in the present emergency to meet the demands for discounts and advances upon approved securities without exceeding the limits of their circulation prescribed by the Act of 1844, the Govern- ment will be prepared to propose to Parliament, upon its meeting, a Bill of Indemnity for any excess so issued. " In order to prevent this temporary relaxation of the law being extended beyond the actual necessities of the occasion. Her Majesty's Government are of opinion that the Bank terms of discount should not be reduced below their present rate. " Her Majesty's Government reserve for future consideration the appropriation of any profits wliich may arise ujion issues in excess of the statutory amount. " Her Majesty's Government are fully impressed with the importance of mai)itaining the letter of the law, even in a time of considerable FULL EBPOUT ON THE BANK ACTS. 67 mercantile difBculty ; but tlicy believe that, for the removal of apprehen- sions which have checked the course of monetary transactions, such a measure as is now contemplated has become necessary, and they rely upon the discretion and prudence of the Directors for confining its operation within the strict limits of the exigencies of the case. " We have, etc., " (Signed) " PaLmebston. " To the Governor and Deputy-Governor " Gr. C. Lewis." " of the Bank of England." 25. Whatever effect this letter may have had in other ways in calming the public mind, and so tending to mitigate the severity of the pressure, it did not immediately diminish the demand for discounts and advances. This continued to increase until 21st November, on which day the Bank had advanced in discounts £21,600,000, a sum exceeding the whole amount of their deposits, both public and private; a sum nearly three-fold the amount of their advances in July, when the rate was reduced to 5| per cent., and more than double what they had advanced on the 27th October, when the first bank failed. Half of these loans were made to the bill-brokers, and were partly made upon securities which, under other circumstances, the Bank would have been unwilling to accept. They were made for the purpose of sustaining commercial credit in a period of extreme pressure. 26. The letter was issued on the 12th November, but whilst in 1847 it was not found necessary for the Bank Directors to avail themselves of the permission so given them to exceed the limits imposed by law, that necessity in this instance actually arose. An issue to the extent of £2,000,000 beyond the legal issue was made to the banking department. The follow- ing Account shows the sums actually issued from the Bank to the public : — An Account, showing the Extent to which the Bank of England availed itself of its Power, under the Authority of Government, to issue Notes to the Public beyond the Limit allowed by the Act of 1844. Notes issued to the Public on Securities beyond the Statutory Lmiit of £14,475,000. 1857, November 13 £186,000 14—15 622,000 „ 16 860,000 17 836,000 18 852,000 19 896,000 20 928,000 „ 21—22 617,000 23 397,000 24 317,000 „ 25 81,000 „ 26 243,000 27 342,000 28—29 184,000 30 15,000 Average of 18 days £488,830. G8 FULL REPORT ON THE BANK ACTS. 27. The causes wliieli, in the judgment of the Bank Directors, imme. diately led to tliis result, are thus stated by them in their correspondence with the Treasury, laid before Parliament in December last: — •' On the 5th November the reserve was £2,94i,000, the bullion in the Issue Department £7,919,000, and the deposits £17,205,000. The rate of discount was advanced to 9 per cent., and on the 9th November to 10 per cent. " The continual drain for gold had ceased, the American demand had become xmimportant, and there was at that time little apprehension that the Bank issues would be inadequate to meet the necessities of conunerce within the legalized sphere of their circulation. " Upon this state of things, however, supervened the failure of the Western Bank of Scotland, and the City of Glasgow Baidc, and a renewed discredit in Ireland, caiising an increased action upon the English circula- tion, by the abstraction in four weeks of u.pwards of two millions of gold to supply the wants of Scotland and Ireland ; of which amounts more than one million was sent to Scotland and £280,000 to Ireland, between the 5th and 12th November. *' This drain was in its nature sudden and irresistible, and acted necessarily in diminution of the reserve, which on the 11th had decreased to £1,462,000, and the bullion to £6,666,000. " The public became alarmed, large deposits accumulated in the Bank of England, money-dealers having vast sums lent to them upon call were themselves obliged to resort to the Bank of England for increased supplies, and for some days nearly the whole of the requirements of com- merce were thrown on the Bank. Thus, on the 12th, it discounted and advanced to the amount of £2,373,000. which still left a reserve at night of £581,000. " Such was the state of the Bank of England accounts on the 12th, the day of the publication of the Letter from the Treasury. The demand for discounts and advances continued to increase till the 21st, when they reached their maximum of £21,616,000. " The public have also required a much larger quantity of notes than usual at this season, the amount in their hands having risen on the 21st to £21,554,000." 28. The Treasury Letter was the subject of discussion in the House, and an Act of Indemnity having passed, your Committee do not feel called upon to say more than that the evidence appears to them to show that the discretion of the Government was properly exercised. 29. Your Committee will now state to the House the general outline of commercial disaster, as it occurred in the United Kingdom. 30. The first occurrence in this country which caused alarm was the failure of the house of Macdonald and Co., of Glasgow and London, Avhich took place in October, and was accompanied by the failures of Monteith and Co., and Wallace and Co., of Glasgow. The house of Macdonald employed a great many work-people in sewing muslin goods for the home trade and for the American market, and this they carried on to a very large extent. They had been in fair credit till very nearly the time of their failure, but shortly before tliat period they arc described FULL RETORT ON THE UANK ACTS. 69 as having given out tliat they had changed theii' mode of doing business for the purpose of embracing a wider fiehl. This liowever is represented as having been a deception, intended to cover a system to which they had recourse of drawing fictitious bills, and to give to these bills the appear- ance of genuine business transactions. From the records of the public tribimals, it appears that a very considerable number of persona (one of the partners is said to have admitted as many as 75) in London and other places were employed by this firm, for a small commission, to put their names to fictitious bills, which were then discounted, a large proportion of them in Glasgow ; and when the house of Macdonald failed it was found to be indebted to the Western Bank £422,000. 31. The house of Monteith and Co. was indebted to the same bank £537,000 ; that of Wallace and Co. £227,000. 32. The house of Messrs. Dennistoun and Co. stopped payment on November 7 ; it is expected to pay its liabilities in full, and its members bear the highest character. But it can occasion no surprise that, on the occurrence of such a crisis as that which took place in America last year, a house, with debts owing to it from that country of nearly two' millions, losing at the same time £300,000 by the failure of the Borough Bank of Liverpool, of which the partners were shareholders, should, at a jiincture when general alarm prevailed, have been obliged to suspend its payments. 33. During the month of October there was a very great gloom in Glasgow, occasioned by the commercial panic in America, Glasgow being very intimately connected in trade with America, with 'New York par- ticularly. Towards the end of October that feeling was much increased, from its being well known that the Western Bank were in difficulties from their connection with the three houses which have been above referred to. The bank closed on the 9th of November, at two o'clock. The Western Bank and the City of Glasgow Bank had establishments open at night for the purpose of receiving the savings of small depositors. During the evening of the 9th, the Monday, there was a demand for gold by the savings bank depositors at the branches of the City Bank. On the Tuesday morning, when the doors of the banks were opened, a great number of parties appeared with deposit receipts, demanding gold ; one witness, speaking of his own bank, says : " The office of our own establishment was quite filled with parties within a quarter of an hour of the opening of the doors ; I think at half-past nine. This run or panic increased, and the continued refusal of the notes of the Western Bank added very much to the excitement. These people who came for money would not take the notes of any bank ; it did not matter what bank it was ; they refused everything but gold. Two of the banks sent a deputation of the directors to Edinburgh to confer with the managers of the Edinburgh banks on the subject, and to induce them to rescind a decision at which they had arrived, not to take the notes of the Western Bank. They failed in that; the notes of the Western Bank were refused the whole day on the Tues- day. The streets of Glasgow were in a very excited state ; crowds were walking about going from one bank to another to see what was going on : there was an immense crowd of people. At the National Securities Savings Bank the run was verj'' great indeed. The National Savings 70 FULL REPORT ON THE BANK ACTS. Bauk paid in notes, and then the depositors, having received their deposits in notes, went with those notes to the banks that had issued them to demand gold. The City of Glasgow Bank did not open on Wednesday the 11th. Troops were sent for by the authorities, who were afraid of some disturbance. The magistrates issued a proclamation either on the Tues- daj^ night or on the Wednesday morning, and it was circulated very extensively, advising the people not to press upon the banks for payment, and to take the notes of all banks. The magistrates held a meeting on the Wednesday morning, and they issued an order to all the rate collectors over the city to take all notes presented to them ; they did all they could to allay the excitement. In accordance with the provisions of the Act of 1845 the banks held a considerable quantity of gold, but they were under the necessity of having more gold from London ; upon two occasions, on the Wednesday and the Thursday mornings, the 11th and 12th, large remittances of gold from London arrived about 10 o'clock in the forenoon; it was taken down in waggons to the banks, and escorted by a strong police force, and no doubt, seeing such immense quantities of gold come excited a great commotion in the town. Mr. Eobertson, the Manager of the Union Bank, is asked — " What was the nature of that excitement ; was it of a pleasurable character ? — It was such a novelty ; in the first place, a large bank stop- ping payment, and then such quantities of gold coming down from London ; it was quite a new thing to the people altogether. " Had it any effect in regard to the panic ? — I should think it must have had an effect ; the people saw there was gold there to pay them if they wanted it ; but by the Thursday morning the panic was entirely allayed ; it entirely ceased on the Wednesday afternoon about two o'clock ; at half-past two I do not think there were half-a-dozen people in our establishment. " To what do you attribute the cessation of the panic ? — I cannot answer that question ; whether the people thought better of it I cannot tell. " When was it that it first became known that the other banks would take the Western Bank's notes ? — I should like to spea,k of what I know positively ; I understood that the Edinburgh banks on the Tuesday night, the 10th, had agreed to take the notes of the Western Bank amongst themselves. At the meeting it was announced to them that the City Bank had then failed; then there was an alteration again, and they agreed neither to take the notes of the Western Bank nor of the City Bank ; and that was acted upon during the Wednesday by their agents in Glasgow, but not to the full extent after the Tuesday ; they were partially taken. " Had the notes of the Western Bank began to be taken in the course of the Wednesday ? — Yes. " And at two o'clock on the Wednesday afternoon you consider that the panic had come to an end ? — Quite. "And on the Thursday the Government Letter was issued? — Yes, I believe so." 34. It has been observed that the panic in Glasgow had ceased before rULL REPORT ON THE BANK ACTS. 71 tlie Treasury Letter ^\ as issued, and that the demand at the Bank of Eno;land for advances and discounts did not cease •with the publication of that letter ; after which date it cannot of course be attributed to any fear that there was a limit to the quantity of bank notes. On the contrary, we have seen that the advances by discount kept rising continually, and though the rate of 10 per cent, was still maintained, they rose from £15,900,000, at which they stood on the day preceding the issue of that letter to £21,000,000 on the 21st November. It is obvious, therefore, that the principal causes of th.e commercial crisis of 1857 must be sought elsewhere. That calamity cannot be attributed exclusively or chiefly to panic occasioned by the operation of the Act of 1844. Since, too, the difficulties here exijericnced took their origin from America, where no such law is in force ; and that crisis was felt in still greater severity than here, by countries in the north of Europe, whose currency is regulated by laws widely different from ours, it remains for your Committee to inquire whether any cause or causes, common to all those countries, and sufficient to account for the occurrence of commercial disasters in them all respec- tively, have been disclosed by the evidence. 35. For a general review of the failures which occurred in England your Committee have been indebted to Mi\ Coleman, and to Mr. Ball, of the firm of Messrs. Quilter and Ball, both eminent accountants in London. These gentlemen do not profess to have studied abstruse questions of currency ; they do not represent themselves as particularly conversant with the operation of the Act of 1844. They, however, assign what appears to your Committee an adequate cause for the recent commercial crisis. Availing themselves of their experience in 1847, the affairs of which have now been finally closed, to illustrate the transactions of 1857, which still appear in estimate, and are therefore liable to correction, they ascribe the calamities of both periods to the same principal cause, viz., the great abuse of credit, and consequent overtrading. They notice also this difference between the two periods : many of the houses which fell in 1847, had once been wealthy, biit had long ceased to be so. Those of 1857 had, with few exceptions, never possessed adequate capital, but carried on extensive transactions by fictitious credit. In 1847, for example, one bouse, whicb had been originally wealthy, failed with liabilities amount- ing in the whole to upwards of £1,800,000, of which not q\iite £1,000,000 were to be paid by other parties, leaving more than £800,000 the direct liabilities of the house. The capital, as represented in their books at the time of suspension, was £215,000, and the assets, according to their own valuation, £800,000, or nearly sufficient to meet the whole of their liabilities. Very different, however, was the valuation of the accountant, wlio estimated their assets at £185,000, and even that was materially diminished in the result. The dividend ultimately paid was only 9d. in the pound. This firm, originally merchants, insensibly advanced their capital to planters in the East Indies, until it became necessary for them to be the planters themselves. They then were compelled to obtain advances from others, which they accomplished by the sale and circulation of bills in the East Indies upon the house to a great extent. Obtaining credit in that manner they postponed their fall many years, and ultimately 73 FULL REPORT ON THE BANK ACTS. fell, payiuff only 9^7. in the pound. In this case advances had heen made on the credit of the next year's crop. This was an extreme case, and was connected with peculiar considerations at that time affecting the price of colonial produce, the principal property of the house. But Mr. Coleman, from whose evidence these particulars have been taken, says, that the estates which came under his notice as insolvent in that year paid generallj' very small dividends, not averaging more than 4^. 36. Another example of the same period is described by Mr. Ball as follows : It was that of a house which failed in 1847 ; they were engaged very largely as merchants in this country, and they were a house of A'ery old standing. In the course of their business they came under advances to a house in one of the colonies, on the security of the crops to be sent forward from time to time. The parties to whom those advances were so made failed to repay them ; that is to say, to recoup the London house for them ; and eventually the London house was obliged to take upon themselves the business which was originally conducted by those Avhom they accommodated with advances ; in other words, the mei'chaut in London did practically become the planter and the owner of estates. After ho had so become the planter, his position was changed from that of being a person who made advances, and he himself found it necessary to obtain advances. Most likely the course would be this, that the house on the other side, perhaps the correspondents themselves of the London house, and it might be identical with the London house, would draw upon the London house, or draw upon some third party and remit to the Loudon house ; which bill the London house would take to its banker and get discounted, and by that process would be placed in funds to provide from time to time for its own engagements. The result of which would be to sustain for some time the credit of the house, after the capital of the house had been exhausted. The effect would be to enable them to hold produce in expectation of better prices ; the longer it was continued the heavier would be the ultimate loss. After an interval of ten years, this house has, within the last few months, paid a final dividend, making a total of Is. lOd. in the pound. Mr. Ball is asked — " Looking back to the experience of the year 1847, were the dividends that were paid by the insolvent houses generally very small ? — The average dividend would be small, as far as I recollect. Here and there there would be a house which would pay in full, or would joay a very large dividend ; but the general result was, that a small dividend upon the Avhole was received by the creditors. "Looking back now, M"ith your experience, to the results of 1817, is it your opinion that if the law had afforded gi*eater facilities for obtaining credit at that time for the purpose of sustaining these houses longer, the result would have been more advantageous to the houses themselves, or to the community at large? — Knowing what I do of the internal state of those houses when they did stoj), I should say that had they been able to obtain further credit for a continued period of time, it would only have had a temporary effect ujion their position, and that most of them (of course I have a reserve of some good cases in my mind) from their internal FULL IIKPORT ON THK BANK ACTS. 73 condition being worn oul, and from the want of real capital in their con- cerns, must have failed ultimately, and that the longer the assistance was continued simply upon their credit, the greater the iiltimate loss would be. " Such is your view of the failures that took place in 1847, speaking generally ? — That is my view." 37. Your Committee have thought it not irrelevant to place on record these instances, which it was not in the power of their predecessors in 1848 to give, because they furnish an instructive example how readily misfortunes are at the time attributed by the sufferers, and others sym- pathizing with them, to the operation of statutory enactments — which misfortunes, upon a full review of all the circumstances attending them, it is obvious that no wisdom of the Legislature, no regulation of the currency, could have prevented. 38. Your Committee have before them the particulars of 30 houses which failed in 1857. The aggregate liability of these houses is £9,080,000, of this sum the liabilities which otlier parties ought to provide for amount to £5,215,000, and the estimated assets £2,317,000. Besides the failures which arose from the suspension of American remittances, another class of failures is disclosed. The nature of these transactions was the system of open credits which were granted ; that is, by granting to persons abroad liberty to draw upon the house in England to such an extent as had been agreed upon between them ; those drafts were then negotiated upon the foreign exchanges, and found their way to England with the understanding that they were to be provided for at maturity. They were principally provided for, not by staple commodities, but by other bills that were sent to take them up. There was no real basis to the transaction, but the whole affair was a means of raising a temporary command of capital for the convenience of the individuals concerned, merely a bare commission hanging upon it ; a banker's commission was all that the houses in England got upon those transactions, with the exception of receiving the consignments probably of goods from certain parties, which brought them a merchant's commission upon them ; but they formed a very small amount in comparison with the amount of credits which were granted. One house at the time of its suspension was under obligation to the world to the extent of about £900,000, its capital at the last time of taking stock was under £10,000. Its business was chiefly the granting of open credits, i.e., the house permitted itself to be drawn upon by foreign houses with- out any remittance previously or contemporaneously made, but with an engagement that it shoidd be made before the acceptance arrived at maturity. In these cases, the inducement to give the acceptance is a com- mission varying from 1 to 1 } per cent. The acceptances are rendered available by being discounted, as will appear hereafter, when the affairs of the banks which failed come under our notice. 39. The obvious effect of such a system is first unduly to enhance, and then, whilst it continues, to sustain the price of commodities. In 1857, that fall of prices which, according to Mr. Neave, far-seeing people had anticipated, actually occurred. Tables have been put in by more than one 74 FULL REPORT ON THE BANK ACTS, of the witnesses, exhibiting an average fiill of 20 or 30 per cent., in many- instances mucli more, upon the comparison of July, 1857, with January, 1858. It needs no argument to prove what effect such a fall must have upon houses which had accepted bills, on the security of produce consigned, to the extent of one hundred times the amount of their own capital. The witness says— " In the case which you are now describing to the Committee, these transactions had gone on to the extent of £900,000. The real guarantee was partly produce and partly bills of exchange ; to whatever extent that produce was depreciated, of course the liability of the firm to meet such depreciation of produce was about one hundredth part of the whole of their liabilities ? — That is so. " Do you consider that case to be a fair illustration of the recent com- mercial disasters which have occurred ? — I think it is, though I should mention that in some cases the proportion of capital possessed was larger than that which I have mentioned. " In some cases, also, perhaps it might be smaller? — In some cases con- siderably smaller. In some cases I have known houses come under very large obligations, who had really no capital at all." 40. This practice appears to have grown up of late, and to be prin- cipally connected with the trade of Sweden, Denmark, and other countries in the north of Europe. One house at Newcastle is described as conduct- ing before 1854 a regular trade in the Baltic. They were not great people, but were respectable people, and were doing a moderately profitable trade. They unfortunately entered upon this system of granting credits ; and in the course of three years the following result ensued, viz., in 1854 their capital was between £2,000 and £3,000 ; in 1S57 they failed for £100,000, with the prospect of paying about 25. in the pound. 41. For other instances of this abuse of credit, your Committee refer to the evidence, concurring entirely in the opinions expressed by the witnesses, that the great abuse of credit is a feature common to the two years 1847 and 1857, and has been, iu their judgment, the principal caiiso of the failures that took place in those years. Mr. Coleman says — " Speaking generally with regard to 1847, of which your experience is now complete, are you prepared to say that the failures which occurred in that year were owing to any imperfection of the law by which the facilities for obtaining credit were unduly curtailed ? — No. " With regard to the year 1857, what would your answer be to the same question P — That every house which applied and deserved assistance received it. " From whence P — From the Bank of England, as far as I know ; and more, that in the case of two houses which (^ame under my personal control, I applied to know whether they could have assistance, and the answer was, Yes ; guarantees were obtained to the amount required for one house, but I found that I could not advise their being used. The appli- cations, when made by me, were immediately responded to by the Bank of England. FULL REPORT ON THE BANK ACTS. 75 " Tlic alteration of your opinion, I suppose arose from the fact of further investigation into the state of solvency of the concern ? — And the continued bad intelligence from the north of Europe with regard to failures. " The failures of their correspondents in the north of Europe also being communicated ? — Yes." 42. The commercial crisis was very little felt in Ireland until the failure of some of the banks in England and Scotland. The trade of Ireland, with the exception of that of Belfast, being little connected with the United States, did not feel directly the effect of the failures there ; but when failures began to take place at home there was an internal pressure con- sequent upon them, which, about the early part of the month of No- vember, manifested itself severely in a demand for gold by depositors and holders of notes, and there was a run on the savings banks. The Bank of Ireland advanced to the Banks in Ireland requiring gold to the extent of about £250,000 ; and they were obliged to draw from the Bank of England from £1,000,000 to £1,200,000 besides. Belfast has a large trade with the United States, as well as a constant intercourse with Scotland, but there was no alarm until the time of the Scotch bank failures. There was then what had never been known before in Belfast since the institution of the joint-stock banks, a considerable run for gold in exchange for their notes. But the amount of gold which they held under the Act of 1845 was a source of strength. The banks appear to be well constituted, and no serious results ensued. 43. In London no bank failed. In Liverpool the Borough Bank, in Glasgow the Western Bank of Scotland, in Newcastle the Northumber- land and Durham District Bank, failed in the months of October and November last. The City of Glasgow and Wolverhampton Banks suspended payment, but have since resumed. 44. Your committee have examined Mr. Joshua Dixon, who, in August, 1857, first assumed the post of managing director of the Borough Bank ; Mr. Fleming, who has been since July, 1857, assistant manager, manager or liquidator of the Western Bank of Scotland ; and Mr. Kirkman Hodgson, a member of the House, and director of the Bank of England, who, being well acquainted with the trade of Newcastle, went to that town in November, for the purpose of ascertaining how far it was right that the Bank of England should give assistance to the Northumberland Bank. 45. The state of these three banks at the time of their failure may be collected from the following summary, viz. : — Mr. Joshua Dixon, for many years resident in the United States, and once a private banker at New Orleans, settled at Liverpool in 1852, and soon afterwards became a shareholder and director of the Borough Bank. This institution was originally a private Bank, that of Messrs. Hope, in whose hands it was prosperous, and they retired as wealthy men about the year 1834. In 1847, however, the Borough Bank was under the necessity of obtaining assistance from the Bank of England. When Mr. Dixon became connected with it, he found tliat the Board, which consisted of 12 directors, chose two managing directors and a chairman. The entire 76 FULL RETORT ON THE BANK ACTS, managcnipiit of the Bank was amongst tlie mauagiug directors aud the manager. On the 1st of August, 1857, Mr. Dixon himself became a managing director, and thus describes the state in which he found the affairs of the bank : — " Its position," he says, " was, that of its available means being very much reduced, being far smaller than was at all con- sistent with the sound and safe position of anj"- bank." Speaking irre- spectively of any general commercial pressure, he tells your Committee, that — From the 1st of August, when his attendance at the bank Avas daily, as he became more and more thoroughly acquainted with the position of individual accounts, and with the whole circumstances of the bank in pro- portion as time lapsed, he became more and more convinced that the position of the bank was one of exceeding danger. When the commercial crisis showed itself, of course the danger to the Borough Bank became imminent, and they made an application to the Bank of England for assistance, some time between the 20th and the 23rd of October. The position, in general terms, of the bank was, that its assets were all locked up and unavailable, and that some £600,000 or £700,000 of its assets or claims on its debtors, which had, until a short time previously, been considered good, could not be relied upon, even for ultimate realization. About £3,500,000 bills were at that time in London under the indorsement of the Borough Bank of Liverpool ; of which from £700,000 to £1,000,000 had no negotiable validity at all, except the indorsement of the Borough Bank of Liverpool. 46. Pending the negotiations with the Bank of England, there appeared in th.e_Tinies, of October 27, an ar-ticle, statmg that arrange- ments had been made for giving assistance to the Borough Bank, in consequence of which a run took place, and the doors of the bank were closed. That run lasted only two or three hours, but the cash at their command was reduced to between £15,000 and £20,000 ; while their liabilities on deposits were in all £1,200,000, of which £800,000 were at call, and the remainder at periods varying from two to six months. The dividend of this bank, which had previously been seven per cent., had, at the last meeting, held on 10th July, 1857, been reduced to five ; and a sum of £165,000 was, on the face of the report, acknowledged to have been lost. The total loss, so far as the witness could estimate it, amounted to £940,000, being the total capital of the bank. It is ascribed, not to advances improperly made to favoured persons, but to want of discretion in the management. 47. The Western Bank of Scotland was founded in 1832. In 1834 it was already in difficulties, and their correspondents in London dis- honoured their bills. They applied to the other banks for assistance, and received it, upon certain conditions. In the year 1838 they applied to the Board of Trade for letters ])atent, which Avcre refused. At this time the Bank of Scotland and other banks addressed a memorial to Mr. Poulett Thomson, alleging the breach of tbc conditions referred to. This memorial will be found in the Appendix. In 1847 the Western Bank was again in difficulties, and was assisted by the Bank of England, receiving an advance of £300,000. The then manager, Mr. Donald Smith, appears to have taken alarm from the occurrences of 1847 ; and. FULL RDPOllT OX THE BANK ACTS. 11 in 1852, when be retired, the bank, though not in a satisfactory position, stood better than it had stood before, since 1847. When it failed on 9th November, 1857, it appeared that the four insolvent houses of Macdonald, Monteith, Wallace, and Pattison were indebted to it in the sum of £1,603,000 ; the whole capital of the bank being only £1,500,000. One of the conditions of the co-partnery was, " That if it shall at any time appear, on balancing the company's books, that a sum e(|ual to £25 per centiim on the advanced capital stock of the company has been lost in prosecution of the business of the company, such loss shall, ipso facto, and without the necessity of any further procedure, dissolve and put an end to the company." 48. Mr. Fleming became assistant manager in July, 1857, and at once examined the affairs. He estimated that even supposing the debts of these four houses (which had not yet become insolvent) were assumed to be good, there appeared on the face of the books as good assets £573,0(X) of bad debts ; and deducting the rest and guarantee fund, which then amounted to £246,000, there remained an apparent deficiency or encroachment on the capital of the bank of £327,000. This of itself nearly approached the limit which dissolved the partnership and put an end to the existence of the board ; and of this state of affairs Mr. Flem- ing believes that up to that time the directors were in a state of almost entire ignorance. In 1853, previously to the first meeting of the share- holders after Mr. Smith's departure, an examination was instituted pre- paratory to the annual balance. From a confidential paper, having marks upon it in the handwriting of the then manager, it appears that a sum of £260,000 was reported to him as irrecoverable on one branch of the assets, which, nevertheless, appeared as good assets in the published balance- sheet. The modes in which this kind of disguise can be accomplished will perhaps be best understood by stating the manner in which a debt called Scarth's debt, comprised in a different branch of the assets, was disposed of. That debt amounted to £120,000, and it ought to have appeared among the protested bills. It was, however, divided into four or five open credit accounts, bearing the names of the acceptors of Scarth's bills. These accounts were debited with the amount of their respective acceptances, and insurances were effected on the lives of the debtors to the extent of £75,000. On these insurances £33,000 have since been paid as premiums by the bank itself. These all now stand as assets in the books. Though this substitution took place in 1848, yet down to the time when Mr. Fleming's examinations began to bring to light the true state of affairs, the six directors appear to have regarded these sums as part of the available property of the shareholders. This being the actual state of the accounts, the dividend was raised in 1854 from 7 to 8 per cent., and in 1856 to 9. Nine per cent, was the dividend declared in June, 1857, at which date a very slight acquaintance with the books must have led to the strongest suspicion, not to say to the clear conviction, that for some time a considerable portion of the capital had been lost. ly. This bank had 101 branches throughout Scotland. It had con- nections in America, who were allowed to draw iipon it for the mere /» FULL REPORT ON THE BANK ACTS. sake of the commission. At home it made advances upon "indents;" or, in other words, provided the manufacturer with the capital with which yet unmade cloth was thereafter to be produced. Its discounts, which in 1853 were £14,987,000, had been increased iu 1857 (till 9th November) to £20,091,000, With what care this business was conducted may appear from the circumstance that Macdonald's bills were accepted by 124 different parties ; that only thirty-seven had been inquired about, and iu the case of twenty-one the reports received from the correspon- dents of the bank were unsatisfactory, or positively bad. Yet the credit given to Macdonald continued undiminished. The rediscounts of the bank in London, which iu 1852 had been £407,000, rose in 1856 to £5,407,000. The exchanges of notes in Edinburgh have been always against the Western Bank, and for an average of the last six years, to an extent of not less than £3,000,000 a-year. This circumstance is accounted for by Mr. Fleming, chiefly by reference to the nature of the transac- tions with Macdonald's and other houses in accommodation bills; £988,000 were due to the bank from its own shareholders. 50. About the end of October the Northumberland and Diirham bank applied for assistance to the Bank of England. It was declined, as they could not give any satisfactory explanation of their real position. They applied a second time, urging the great peril in which they were placed by the continued discredit, and by the constant drain of small deposits ; they urged also the fear of disturbances and breach of the peace which might ensue if they were to fail, they being so largely connected with collieries and ironworks. Accordingly, on Tuesday, 24th November, Mr. Hodgson went down to Newcastle, and told the directors that he had been sent down by the Bank of England to examine into their books, and see whether it was possible to render them such assistance as would enable them to go on ; but that the first condition of the Bank doing anything was that they should prove themselves solvent. The result was that Mr, Hodgson found the liabilities, as then stated, amounting to £2,600,000, of which there were £1,350,000 of deposits, £1,150,000 accounts current, and they had rediscounted £1,500,000, of which they expected that £100,000 would come back upon them, and for which they would ultimately be liable, making altogether £2,600,000, Their assets were of a very peculiar nature indeed, the early realization of which would be almost impossible. They held in securities about £1,000,000 of different kinds. They held iu trade bills, that is to say, small bills on shopkeepers of Newcastle, about £250,000, bills which were probably good in themselves, but which were not available anywhere out of Newcastle ; they were not bills which could have been discounted in any other part of the money-market. They had in overdrawn accounts £1,664,000, with- out any specific securities attached to them. Of these £1,664,000, there Avere £100,000 which one of the directors very candidly confessed must he considered as totally bad, and which ought to have been written off long before, but which still remained in the account as good debts. The capital of the concern Avas £656,000 nominally, but in reality it was considerably less than that ; because in 1847 they had been in trouble, and in order to get out of that trouble they had made a call of £5 or FULL REPORT ON TIIF, HANK ACTS. 79 £10 a share, whicli was not paid upon some of tlie sliarcs, wliieli shares were forfeited, and taken by them into the stock of their bank, to be reissued should occasion warrant their doing so. The consequence was, that the subscribed capital of the bank was about £600,000. This statement at once showed that any attempt to help them, short of taking up the Avhole concern, and liquidating it for them, would be perfectly useless. It was evident that the whole capital was gone; and, looking at the character of the securities, Mr. Hodgson came to the conclusion not only that the capital was gone, but that the bank was totally in- solvent. Being very much struck with the extraordinary loss which had taken place in the bank, which, when a private bank, he knew to have been a very floui'ishing one, he inquired whether there was not some old sore of which nothing had as yet been said. He was told that there was one ; there was rather a disinclination to mention what it was, but he felt it his duty to press it, and they told him they had a verj^ large debt with the Derwent Iron Company. He inquired the amount of this debt, and found, much to his astonishment, that it amounted to £750,000, the capital of the bank being £600,000. For that debt there was a kind of security, which consisted of £250,000 of what were called Derwent Iron Company's debentures, which were, how- ever, in reality, nothing but the promissory notes of the directors, there being very few persons in this Derwent Iron Company. The bank had also £100,000 mortgage on the plant, and the remaining £400,000 was totally unsecured. In addition to this original debt then mentioned of £750,000, there is now another charge upon it of £197,000, resulting from bills which have not been paid, and which, in order that the Derwent Iron Company might get them discounted, the bank had endorsed or otherwise guaranteed. These have now come back, so that the total liability for which the Derwent Iron Company is indebted to the bank is about £9 17,000 ; very nearly £1,000,000. The Derwent Iron Company appears to have been, almost from the time of the conversion of the bank into a joint-stock bank, very intimately connected with it. Mr. Jonathan Eichardson, who was the moving spring of the whole bank, in fact the j)erson who managed everything, was, though not a partner in the Derwent Iron Company, very largely interested in it as holding the royalties upon the minerals which they worked. It appears that the concern has been worked extremely badly ; that it has never made any profits at all, even in the very finest years for the ironmasters, and it has gone on absorbing the money of the bank unchecked by the directors. Mr. Hodgson says that £1,000,000 of securities were taken of the most extra- ordinary nature for any bank to hold that he ever saw ; — that £1,000,000 of securities, which was the only tangible asset which they had against the £2,600,000 of liabilities, consisted of £350,000 of the Derwent Iron Com- pany's obligations, £250,000 being debentures, and £100,000 mortgage on the plant. They had besides these, £100,000 on a building speculation at Elswick, near Newcastle, which however was not a primary mortgage, there being a mortgage of £20,000 on that land belonging to Mr. Hodgson Hinde. They had also another £100,000 on other building land and houses in the neighbourhood of Newcastle. They had about £350,000 in 80 FULL REPORT ON THE BANK ACTS. securities of works and mauufactures of different sorts, and tliey had about £gO,000 in navigation bonds guaranteed by the railvray, but which railway ■was the only security to which they could look in any given time to realize any sura of money ; that made about £1,000,000 altogether. The other securities were absolutely unmarketable. This bank had derived assist- ance from the Bank of England in the former crisis, that of 1847. Almost exactly the same circumstances arose then, which arose in 1857, and almost from the same cause. The bank, however, applied at that time to the agent of the Bank of England, at Newcastle, and he, on his own respon- sibility, made them a very large advance, w4iich carried them through, he taking at the same time a very considerable security from them in various mortgages, pretty much of the character which has been above mentioned, but better in quality, although not any more banking securities than these ; between £700,000 and £800,000 altogether. " The whole of the advance made in 1847 was repaid to the Bank of England, was it not .^ — Yes. With regard to the late occasion I repre- sented at the same time that, though the bank could not be assisted, j-et the fact of its failing, which it would do the moment it was known that the Bank of England would not help it, would be at that moment a very serious thing for the district, because it was so much connected with the collieries and ironworks that it paid every week, either for persons who had balances with-it, or for persons whose bills it discounted, and thus gave them the money, about £35,000, on which the wages of 30,000 were dependent ; and as their pay-day was on tlie Friday, and the bank would stop on the Thursday, it was very desirable that something should be done to prevent the confusion which would arise if there was no prepa- tion made for that conjuncture. In consequence of that the Bank of England requested me to go down again that night, with full powers to make arrangements with all persons who might have any tangible and good security, though, perhaps, not perfectly regular security, so as to provide them with the means of making their pays on the Friday. I went down accordingly, and arranged with almost everybody, or with everybody I may say, to make such advances as would enable them to meet the pays for that week and for the next, should it be necessary. I also advised the manager of the savings bank to open his bank on Saturday for pay- ments, though it was not the usual day, and authorized him to draw upon the Bank of England for any sum of money which he might require for the purpose of making any payment ; but owing to the fact of the Bank of England thus enabling the pi-oprietors of the coal mines and the works to make their weekly payments, there was no run whatever upon the savings bank, and everything passed off quite quietly. " Was there any limit to the authority which you had from the Bank of England to give assistance in Newcastle ? — No, there was no limit ; it was left to my discretion to do what might be neccssaiy. We knew very well that it could not amount to a sum, under any circumstances, of much more than from £50,000 to £70,000. "Are there any other particulars connected with the Newcastle Bank which you are able to lay before the Committee? — I will, if the Com- mittee wish, give them the actual result of the accounts of the bank when FULL REPORT ON THE BANK ACTS. 81 it was fmally wound-up in January this year, as compared with those in November, 1857 ; it will show a little dilTerence. In November, 1857, the liabilities of the bank were £2,000,000 ; these consisted of deposits, £1,350,000; accounts current, £1,150,000; and estimated liabilities on rediscounts, £100,000 ; in January, when the bank was positively wound- up and the thing ascertained, it appeared that there were of deposits, £1,256,000; in accounts current, £766,000; and in liabilities on redis- counts, £231,000. The only great difference was in the accounts current, which were diminished about £ 100,000. That was principally, I believe, from the fact that many persons who had accounts current had deposit accounts also ; they kept two accounts, one of which had a balance in its favour and the other was overdrawn ; therefore, one account being set against the other, it diminished it by so much, and at the same time diminished the amount of overdrawn accounts ; the assets, which were estimated in November at £2,500.000, had fallen in January to £2,000,000, and there was one peculiarity, \\ bich was, that while the debt of the Der- went Iron Company was taken as an asset in November at £750,000, in January it was taken as an asset at £947,000, and that is an asset of a very doubtful nature ; the position of the bank is much worse in reality than is shown by the statement of the figures. 51. This disclosure was the result of an examination which lasted about two hours ; yet the bank had declared, at the last half-yearly meeting, a dividend of seven per cent., making to the shareholders a statement the substance of which showed a very prosperous state of things. Mr. Hodgson mentions that he remarked on the fact of their having declared a dividend in June, when it was admitted that half the capital was lost, and he asked how they could have done so ; it was stated, in reply, that there were so many persons who depended entirely for their livelihood on the dividends received, that they really could not bear to face them without paying any dividend. 52. Each of these three banks had been in peril in 1847, and though, by the assistance of the Bank of England, they were enabled to surmount it, they fell on the next occasion of severe commercial pressure, under circumstances still more injurious both to their own proprietors and to the public. Two bill-broking houses in London suspended payment in 1847 ; both afterwards resumed business. In 1857 both suspended again : — The liabilities of one house in 1847 were, in round numbers, £2,683,000, with a capital of £180,000 ; the liabilities of the same house, in 1857, were £5,300,000, the capital much smaller ; probably not more than one- fourth of what it was in 1847. The liabilities of the other firm were between £3,000,000 and 4,000,000 at each period of stoppage, with a capital not exceeding £45,000. 53. These five houses contributed more than any others to the commer- cial disaster and discredit of 1857. It is impossible for your Committee to attribute the failure of such establishments to any other cause than to their own inherent unsoundness, the natural, the inevitable, result of their own misconduct. 54. Thus we have traced a system under which extensive fictitious credits have been created by means of accommodation bills, and open G 83 FULL REPORT OX THE BANK ACTS. credits, great facilities for wUicli have been afforded by the practice of joint-stock country banks discounting such bills, and rediscount! ng them with the bill-brokers in the London market, upon the credit of the bank alone, without reference to the qualit}' of the bills otherwise. The redis- counter relies on the belief that if the bank suspend and the bills are not met at maturity, he will obtain from the Bank of England such immediate assistance as will save him from the consequences. Thus, Mr. Dixon states : " In incidental conversation about the whole affair, one of the bill-brokers made the remark that if it had not been for Sir Robert Peel's Act, the Borough Bank need not have suspended. In reply to that, I said, that whatever might be the merits of Sir Eobert Peel's Act, for my own part, I would not have been willing to lift a finger to assist the Borough Bank through its difficulties, if the so doing had involved the continuance of such a wretched system of business as had been practised ; and I said, ' If I had only known half as much of the proceedings of the Borough Bank while I was a director' (referring to the time previous to the 1st of August, when I became a managing director), ' as you must have known, by seeing a great many of the bills of the Borough Bank discounted, you would never have caught me being a shareholder;' the rejoinder to which was, 'Nor would you have caught me being a shareholder ; it was very well for me to discount the bills, but I would not have been a shareholder either.' " 55. It will be instructive now to turn to the North of Europe, to survey the condition of countries where, as in Hamburg, the currency is exclusively metallic, and to compare the state of things there with that which existed here under the laws which regulate the currency in this kingdom. 56. In Hamburg, on the 23d of November, commercial confidence is stated to have been entirely at an end ; so that only the bills of three or four of the first houses were negotiable at the highest rate of discount. In the first instance, some of the leading houses and the banks originated a plan for relief, viz., the subscription of about £1,000,000, and the appoint- ment of a committee to give, by indorsement, the credit of this fund to the current bills. At first it seemed that confidence was much restored, but in two days this hope vanished ; and on the 25th the aspect of affairs was again very gloomy. On the 27th a meeting of the Biirgherschaft was held, and a new arrangement was proposed by the Senate for the issue of Government bonds on the deposit of goods, funds, and shares, to the amount of £1,125,000. On the following day the feeling of the Exchange was better in consequence of this Government measure, andof the arrival of considerable quantities of silver. Yet, on the 1st of December, our Consul writes, " The embarrassments of the mercantile community here still continue undiminished :" and on the 3rd, " There is no deficiency of silver in the Hamburg Bank ; indeed the amount in the cellars of the bank is now much larger than it has been at any former period, but a total want of confidence prevents its holders from parting with it." The Government bonds could not be discounted. A loan was ultimately obtained from Vienna ; but even the arrival of the amount in specie failed to produce the desired effect, until the Senate reluctanily proposed FULL REPORT ON THE BANK ACTS, 83 that it should be intrusted to a secret committee, to be by them lent out on good security. On December 12, as soon as it was known that by tlie aid of the Government the leading houses would fulfil their engagements, the panic ceased. Money at once became abundant, and in about a fort- night the rate of discount for the best bills feU to two and three percent. 57. The information on this subject, relating to the different countries in the jN'orth of Europe, which will be found in the Appendix, is most instructive. It shows the severity of the disaster there sustained, and also that the real origin of it was the undue expansion of commercial credit ; and it confirms the proof that no system of currency can secure a commercial community against the consequences of its own improvidence. 58. In this place it may be convenient to notice two points on which considerable misappi-ehension appears to have prevailed. It is contended by some persons that the separation of the issue department by a local change, removing the office from the Bank premises, would have the beneficial effect of convincing the community that the law now regulates the issue of notes, and leaves to the discretion of the Bank Directors the purely banking business only. But strong evidence is given by the Bank Directors that much practical inconvenience would result from such a change; and your Committee think that repeated discussion and increasing kuov.ledge will satisfy the public of a fact so obvious as this ; viz., that without the interposition of the Executive Government, the Directors of the Bank of England have no power whatever to exceed in their issues the limit imposed by law. The duties which the bank dis- charges in this respect are purely ministerial, unaccompanied by any discretionary power. Whoever discharged these duties, it would be equally subservient to the general convenience of the public that the place of issue should be in the immediate neighbourhood of the place where the banking department is situate. Able papers by Lord Monteagle and by Mr. Arbuthnot on the subject of a state bank, will be found in the Appendix. 59. Another misconception has often perplexed those who have rea- soned about the currency — that of supposing that by Act of Parliament the price of gold is fixed. If it had so happened that our sovereign, instead of being equal to -\ oz. troy of gold of standard fineness, had been exactly equal to that weight, it would probably have been obvious to all that the word sovereign simply meant a quarter of an ounce of standard gold, with the Queen's head stamped upon it by the Mint ; and the price of gold, as it is called, being thus exactly £4 an oz., anybody would have comprehended that the one was equivalent to the other. The use of the silver and copper coins as representatives or tokens of fractional parts of that gold, would probably have been intelligible, and this troublesome confusion would not have arisen. This topic has not much presented itself in the course of the present inquiry. But it is desirable that all persons who take an interest in this subject should understand how simple is the duty discharged by the Executive Government in relation to that money, viz., gold money, which alone is the standard of value in this country, so far as the transactions of our extended commerce are con- cerned. At the Mint a piece of standard gold, weighmg 5 dwts. 8i rULL KEPORT ON THE BANK ACTS. 3"274i grains tray, is veriQsd by a stamp, and being tben called a sovereign, is returned to its owner, and in this process no seignorage is charged. At the Bank five times the same quantity is received into the coffers for custod5s and in return a paper, called a £5 note, is given to the ovrner of the gold. He is entitled at his pleasure to return the note, and demand for it sovereigns which contain an equal quantity of bullion. Upon every OTitice of gold that thus passes in and out of the Bank an allowance for the double transaction of about '770465 grain troy weight of gold, or as it is expressed in our copper tokens, l^d., is retained by the Bank. This allowance is an equivalent for the loss of interest which it is comyuted the owner of the bullion saves by the transaction, inasmuch as he saves, by receiving notes from the Bank, the loss of time, and therefore of interest, which he would have incurred if he had taken his gold to the Mint to be coined into sovereigns. This allowance yields an annual profit, which is taken into account in the arrangements between the Bank and the Go- vernment. Your Committee have not entered into the question whether any charge should be made by the Mint for coinage. So intelligible and so simple is the relation between the Government and the issue of money ; so entirely is the Bank of England excluded by statute from the exercijio of any discretion whatever in this respect. 60. For the opinions of the most eminent writers on the subject of the currency, your Committee refer to the Evidence taken in 1857. It is interesting in the highest degree to all who make the scientific study of the most abstruse questions of political economy their pursuit. But a review of that Evidence would appear necessarily to involve subjects of controversy on which your Committee would not be able to arrive at any conclusion, without much difference of opinion, and they are therefore desirous of excluding these subjects from their Beport. That the public welfare in times of commercial disaster requires the maintenance of an adequate supply of bullion at the Bank, is the opinion of Mr. Tooke, Mr. Newmarch, and Mr. Mill, as well as of Lord Overstone, Mr. Norman, and Mr. Hubbard. That the supply necessarily maintained in the coffers of that establishment, under the provisions of the Act of 1 844, is greater than that which was ever maintained under circumstances of pressure in former times, is a fact beyond dispute. During the crisis of 1825, the bullion fell to £1,261,000; in 1837, £3,831,000; and in that of 1839, £2,406,000 ; while the lowest points to which it has fallen since 1844, have been, in 1847, £8,313,000; and m 1857, £6,080,000. That the opinion of the present Bank Directors is strongly in favour of maintaining the Act of 1844, appears in the Evidence. They say the assistance which they gave to the public, would not have been ventured on by them excejjt for the Treasury Letter; nor would thoy have ventured to act on that letter if the bullion had been much lower tlian it was ; for thej' must then have begun to think of the convertibility of the note which it would be their first duty to maintain; they attribute the maintenance of that amount of bullion to the regulations provided by the Act; and while they affirm that the present Court of Directors, having had more experience, and having seen the gradual working of the Act of 1844, would probably, in their discretion, have aflhered closely to the very regulations which the FULL REPORT ON THE BANK ACTS. bO Act required of them ; yet, if they had not done so, but had been induced to issue more than the proportion which the law allowed, more gold would have gone out by the action of the foreign exchanges, and the consequences would have been that they would have been left with less gold as the panic came on ; and then, even with the permission to issue more notes, they would not have felt warraiited in hazarding the circulation by doing 80. They further state that, for these reasons, it appears that the adoption of the policy which the Act now in force required, placed the Bank of England in such a position that it was enabled at the time of severest pressure to afford a larger aid to the commercial public than would other- wise have been in their power ; that the true judgment of the Court would act in unison with the law; but yet it is not expedient to expose them to the influence of such a pressure as would inevitably be applied at such a time ; and that, upon the whole, with a view to the operations of the Bank, including in that category their being able to afford aid to the commercial public, at the time of severest pressure, the Act of 1844 operated not as a fetter, but as a support, decidedly. They therefore recommend that no rehixatiou should be made in the provisions of that law. 61. In this opinion the Governor of the Bank of Ireland, the repre- sentatives both of the chartered and the unchartered banks of Scotland, the chairman of the association of private country bankers, and Mr. Alderman Salomons, of the London and Westminster Bank, concur. 62. Those who advocate what is called the theory of the Act of 1844 are guided by the following principles. They regard bank notes as being for every practical purpose, equally with the gold they represent, the money of the country — the measure of value — that which extinguishes debt — not as a mere form of paper credit, depending on the credit of the issuer, and constituting only the evidence and vehicle for transfer of a debt which still continues. If complete effect were given to their view, the result would be that for the whole United Kingdom there would be one description of note only, issued by the State, based on bullion in tlie custody of the State. This note, so secured by bullion, would be a legal tender everywhere, except at the place of issue. Experience having shown that even in the times when the paper circulation is most contracted, the Bum in circulation with the public at large can never fall below a certain amount, and cannot therefore be presented to the Bank for payment in gold — they are satisfied that to this extent — so limited by experience — the actual deposit of bullion may safely be dispensed with, the notes in question resting on the security of the State. This is their justification for the permission accorded to the Bank of England to issue 14 millions of notes without the deposit of a corresponding amount of bullion. They consider any addition to the circulating medium of the country to be the act of the private individual who carries bullion to the Mint to be coined, or to the Department of Issue to be exchanged for notes ; fixing the standard of money, and verifying the conformity of the pieces therewith by either of these processes to be the duty of the State ; the use of money, and that only, they regard as the province of a bank, whether of a private person or incorporation, or of the banking department of the Bank of England. 80 rULL KEPOKT OX THE BANK ACTS. 63. Tliese advocates of the theory, as it is called, of the Act of 1844, are far from contending that their theory is completely carried into effect by the provisions of the Act. The origin of that legislation is thus referred to by Lord Overstoue : — " I had no connection, political or social, ■with Sir Eobert Peel. I never exchanged one word upon the subject of this Act with Sir Robert Peel in my life, neither directly nor indirectly. I knew nothing whatever of the provisions of this Act until they were laid before the public, and I am happy to state that, because I believe that what little weight may attach to my unbiassed conviction of the high merits of this Act, and the service which it has rendered to the public, may be diminished by the impression that I have something of personal vanity in this matter. I have no feeling whatever of the kind. The Act is entirely, so far as I know, the Act of Sir Robert Peel, and the immortal gratitude of this country is due to him for the service I'endered to it by the passing of that Act. He has never been properly appreciated ; but year by year the character of that man upon this subject will be appre- ciated. By the Act of 1819, Sir Robert Peel placed the monetary system of this country upon an honest foundation, and he was exposed to great obloquy for having so done. By the Act of 1844 he has obtained ample and efficient security that that honest foundation of our monetary system shall be effectually and permanently maintained, and no inscription can be written upon his statue so honourable as that he restored our money to its just value in 1819, and secured for us the means of maintaining that just value in 1844. Honour be to his name." 64. But it does not appear by a reference to the speeches of Sir Robert Peel that he propounded the two measures of 1844 and 1845, as measures of theoretical perfection; on the contrary, they can only be re- garded as having been designed to accomplish a great practical object by the least possible disturbance of existing interests. Thus Mr. RodweU : — " Then the general result of those interviews was to leave upon your mind the impression that the measure was intended to be a great step in ad- vance towards the establishment of one central issue, which was to be arrived at by voluntary arrangement ? — I thought that the tendency of the views of Sir Robert Peel was, that that would be a natural result ; but I thought that his view was, that whether that consequence ensued or not, the arrangement was a continuing arrangement with the country bankers, in order that that Act might pass without any opposition on their part." 65. And Sir George Clerk, the Deputy Governor of the Bank of Scotland, who was Secretary of the Treasury in Sir Robert Peel's Admi- nistration, in 1844, and Vice-President of the Board of Trade in 1S45, and intimately acquainted with all that passed in reference to these mea- sures : — " In the debate of the 25th of April. 1845, with reference to the £1 note circulation. Sir Robert Peel said, ' Whether or not the importance attached to the continuance of the privilege (of issuing £1 notes) can be perfectly justified by reason or argument, I know not. Whether there be not an undue value attached to them may be a fair question of doubt ; still, in attempting to introduce principles which I believe to be good, I will not attempt to shock even the prejudices of the people, or to run the risk of encountering that opposition which I knew I should have to FULL REPORT ON THE BANK ACTS. 87 encounter from Scotland almost universally. Without guaranteeing, therefore, the continuance of tlicse notes, all I can say is, that we do not propose to prohiliit them at present ; I say nothing, however, as to the future. The discretion of Parlianient must be left unfettered in respect to them. If the coatinuance of this privilege affects no interests, if it haa no injurious effect upon the circulation either of Scotland or of other parts of the empire, there is no doubt whatever that a future Parliament will entertain the same forbearance, and will not disturb the settled habits of business of a whole country, or run counter to its feelings, for the mere purpose of carrying out some theoretical principle.' " G6. Your Committee have examined the operation of those statutes, not with a view to ascertain whether they constitute the most perfect system conceivable for regulating the paper circulation of an empire, but rather whether their operation has been such as to secure the main object for which they were designed. The main object of the legislation in question was undoubtedly to secure the variation of the paper currency of the kingdom according to the same laws by which a metallic circulation would vary. No one contends that this object has not been attained. 67. Mr. Rodwell says that before the Act of 1844 the country bankers were not all aware of the consequences of their issues ; that if they had been such disasters would never have arisen, as arose in 1825 ; and he knows the practice to have been that it was considered as a part of the business of a country banker to get out as much of his issues as he could, which eventually turned back upon himself when he did not expect it, and was least prepared to meet it. He says that before 1844 they did not so fully understand the laws which ought to guide a banker in making his advances ; but that now they look to the unemployed notes (in the Bank of England) as an infallible index of what it is necessary for the Bank of England to do, and for the country bankers to do also. In recent times the increased facdities of intercourse and of banking have increased the rapidity with which notes find their way back to the banker who issues them ; while the restriction of bank notes in England and Wales to sums not less than £5 excludes them in a considerable degree from the retail transactions of the country. It may be laid down that in the opinion of every practical witness who is an advocate for the convertibdity of notes, the amount of bullion retained in the coffers of the Bank under the opera- tion of the existing law is not greater than a due regard to prudence would require, even if the law were altered. It appears that the pre- sent law ensures the maintenance in the coffers in the Bank of an adequate amount of bullion, whilst the history of past years proves that such an amount had not been maintained by the unassisted wisdom and firmness of the Bank Directors ; and the present Court of Directors are unanimous in desiring that they should continue to be fortified by the provisions of the present Act. 68. No complaint against the Act of 1844 has been more popular, or more commonly employed out of doors, than one which may be expressed in the following words : — " That the trade of the country has increased, that a larger issue should be allowed, to supply the increased require- ments of commerce ; and that therefore a larger amount of notes, unrepre- 88 FULL REPORT ON" THE BANK ACTS. sentcd by bullion, should be issued." Tkis question is tlius disposed of by Mr. Weguclin in T857 : — " Do you consider that if the limit imposed by law of £14,000,000 "were altered, for example, to £1(5,000,000, it would in truth add £2,000,000 to the active circulation ? — By no means. " Will you state what you think the effect really would be? — The effect would be either that those £2,000,000 would be held in the reserve of the Bank, or, in case it occurred that the increase took place at a time when there was an adverse exchange, those £2,000,000 would be exported from the country, and all the other figures would remain precisely the same. " It would not add, under any circumstances, to the active circulation of the public ? — It would not. " You consider that the action would be, that either it would be added to the reserve of the Bank, or that the bullion held by the Bank would be pro tanto diminished ? — That would be the action. " Is there, in your opinion, any sufficient inducement, on the ground of public interest, to make an extension beyond the present limit of £14,000,000? — I see no advantage or particular object to be gained by it. " Tlie advantage of saving £2,000,000 of capital would not, in jomt opinion, be equal to the mischief that might result from the change?— I think it would be of an insignificant character, and it would diminish the amount of actual reserve of bullion in the country. " Would not those £2,000,000 go out of the country at the first adverse exchange, and not come back ; would not that be the ultimate effect ? — That would be the ultimate effect." 69. It has been observed before, that while, on the one liand, the great increase of retail transactions has caused an increased demand for the smaller notes, concurrently with the increased demand for gold, yet, on the other hand, so great has been the effect of increasing facilities in bank- ing, that a saving of a corresponding amount has been effected in the larger notes. The proj)ortion8 are those represented in the following table : — Yearly Averages of Notes with the Public. Yeae. Notes of £.5 and £10. P.r Cent, of Total Circula- tion. Notes of £20 to £100. Per Cent, of Total Circula- tion. Notes of £200 to £1,000. Per Cent. of Total Circula- tion. Total. 1844 9,2(5.3 9,698 9,918 9,591 8,732 8,G92 9,1GI 9,362 9,839 10,699 10,565 10,628 ] 0,680 10,659 45 7 46-9 48-9 501 48-3 47-2 47-2 48 '1 45- 47-3 51' 53-6 54-4 54-7 ,-C m. 5,735 6,082 5,778 5,^98 5,016 5,234 5,587 5,554 6,161 6,393 5,910 5,706 5,645 5,567 28-3 29-3 28-5 28-7 27-9 285 28-8 28-5 28-2 28-2 28-5 28 '9 28-7 28-6 £ m. 5,253 4,942 4,590 4,066 4,307 4,477 4,646 4,557 5,856 5,541 4,234 3,459 3,323 3,241 26- 23-8 22-6 21-2 23-8 24-3 24- 23-4 26-8 24-5 20-5 17.5 169 16-7 £ m. 20,241 1845 20,722 1810 20,286 1817 19,155 1848 18,085 1849 1850 1851 1852 18,403 19,398 19,473 21,856 1853 1854 1855 22,653 20,709 19,793 185(5 -1857 19,648 19,467 FULL llEPOUT OX THE BANK ACTS. 89 70. The effect has been so great that, notwithstanding the great in- crease of trade, the whole amount of bank notes has actually diminislied since 1844, and, under the present law, still continues gradually to decline. It must be taken, therefore, that in ordinary times, there is no cognizable advantage to be obtained by the commercial interest from the power of increasing the amount of notes which may be issued without the deposit of bullion. 71. It is here necessary for your Committee to advert to the question, whether the law sliould be left, subject only to that power which was contemplated by Sir Robert Peel and Mr. Huskissou, and was actually exercised by the two Governments of 1847 and 1857 ; or whether, on the other hand, provision should be made in advance for such contingencies, and the conditions expressly laid down on which the issue of an increased number of bank notes may in the time of pressure be allowed. 72. Your Committee think that such a provision could not be regarded as any violation of the principle of the Act of 1844. To have introduced such an express provision, when the law was itself first adopted by Parlia- ment, or even when, as in 1848, it had only been a few years in operation and was comparatively little understood, was a far more seinous question of policy and of prudence than it can in fairness be regarded at the present time. Yet the interference of Government in an extreme case must, in fact, be taken to have been contemplated by the framers of that Act. Mr. Cotton stated to the Committee of 1847-48, that this subject was considered when the Act was under preparation in 1844, and that Sir Robert Peel's opinion was thus expressed : — " If it be necessary to assume a grave responsibility, I dare say men will be found willing to assume such a responsibility." It scarcely therefore constitutes, of itself, a sufficient ground for bringing this important and difficult subject under the review of Parliament, and may properly await the decision of the Legislature ■when the other branches of the subject shall again be dealt with. 73. They would, however, here take occasion to observe, that if new provisions shall at any future time be made by Parliament, the great object of securing the maintenance at the time of severest pressure of an adequate supply of bullion should be guarded with the utmost caution. 74. In considering these new provisions, your Committee assume that no hazard will be incurred with regard to the foreign exchanges, but that the efficient action of the law in that respect will be firmly main- tained. The mischief your committee are now considering is the domestic drain, occasioned by panic, and evidenced by hoarding, which in cases of commercial crisis supervenes upon a foreign drain, and creates an abrupt interference with the circulation, by withdrawing from it for a time, for the purpose of hoarding, a part of the ordinary circulating medium. 75. Your Committee have already touched upon other points in which the enactments of the Legislature in 1844 and 1845 fall short of the principles on which those enactments are founded, and desire to express their concurrence in the wisdom of adapting practical legislation in an important degree to the existing interests and wishes of the community. Of these questions, an important one is that of the small note circulation still cxisHng in Scothiinl and Ireland. T!ie advice of Alam Smith, that 90 FILL REPORT 0\ THE BANK ACTS. no bank notes sliould be issued in any part of the kingdom for a smaller sum than £5, is enforced by tlie Bank Directors as a matter of principle, both in 1857, and again more strongly in 1858, after the experience of the autumn of last year. It is, however, still a question into which the same considerations enter, in a modified degree, by which all Governments and every succeeding Parliament have been influenced from 1826 to the present time, whether the application of this principle shall be extended to Scotland and Ireland. The failure of the "Western Bank has now with- drawn £337,938, or about 1-lOth part from the authorized circulation of Scotland, and the Act of 1S45 operates with a greater proportionate effect, both upon Scotland and Ireland, as the population and trade of those countries increase, and the proportion of the retail or small bank- note circulation represented by bullion to the authorized or unrepresented part increases also. 76. On the other hand it appears from the evidence, that notwith- standing the expense which the requirements of the Act of 1845 impose upon Scotland, there has been a very remarkable increase in the number of branch banks established since the passing of the Act ; so that the number of banks in Scotland, including branches, now actually exceeds the number of the whole of the banks and branches in England, or is very nearly equal to it ; and that the amount withdrawn from circulation by the failure of the Western Bank has been supplied by an amount repre- sented by bullion, without any more severe terms being imposed on the customers of the banks. Sir George Clerk says: — " To the banks, I think you do not consider that so much an object as to the population ? — I do not think the banks have so strong an opinion, in favour of the retention of the £1 note circidation as they certainly expressed before the Committee which sat upon that very subject in 1826 ; but I believe that the general opinion of the banks would be strongly in favour of the continuance of the law as it at present stands. " If it were to be altered, they would meet the case, as regarded them- selves, by some slight increase of commission charged to their customers ? — Probably in that way." 77. AVithout entering into any question respecting an issue of small notes on the credit of the State, the Committee desire it should be under- stood as their opinion that the subject of the issue of small notes in Scotland and Ireland, and of private issues generally in the United Kingdom, shoidd be i-eserved, without prejudice, for the future consider- ation of Parliament. 78. The Bank of Ireland complained of a special prohibition laid on them with regard to mortgages ; and Mr. Latouche attended on behalf of the private bankers of Ireland to complain of an Act passed by the Irish Parliament in 1759. There appears no very obvious reason for the con- tinuance of antiquated restrictions peculiar to Ireland. But neither of these subjects properly belongs to the present inquiry. 79 Some smaller points connected with the wording and legal opera- tion of the Acts of 1844, have been brought under the notice of your Committee, with which they do not think it necessary to encumber their Eeport. It will be desirable that these subjects, especially the question FULL RliPORT OX THE BANK ACTS. 91 whether a bank of issue wliicli suspends its payments, even for the shortest time, should not lose the privilege of issue, should be carefully considered whenever the Executive Government shall next submit to the House a measure for the regulation of the relations which subsist between the Government and the Bank. 80. The pecuniary arrangements subsisting between the Executive Government and the Bank appear to your Committee to fall within the terms of their order of reference ; and the Committee of 1857 took some evidence from the Governor on that subject. But your Committee under- stand from the Chancellor of the Exchequer that the subject is now under the consideration of the Treasury and the Bank. They think it doubtful also, Avhether, in case it shall be necessary to submit it to such a consideration, separate from the wider questions which hare come under the notice of this Committee, it would not be expedient that a less numerous Committee should be appointed for that purpose. The appoint- ment of a separate Committee may tend to produce the useful conviction, that it is not necessary to unsettle the great principles which regulate our monetary system, merely because the pecuniary relations between the Treasury and the Bank may require to be reconsidered. 81. It appears to your Committee that no mischief will result from at least a temporary continuance of the present state of things under which the Bank of England holds the powers given by the Act of 1844, subject to a notice of twelve months, which may at any time be given by the House of Commons through Mr. Speaker. They agree with the opinion expressed by Mr. Goulburn in ]814. The Bank Directors had suggested the propriety of renewing the arrangement for twenty years, with a power of giving notice at the expiration of ten, as has been done in 1833. Sir Robert Peel's government preferred the limit, which was actually adopted, of ten years ; the Act, at the expiration of that period, to be terminable at any time upon a notice of twelve months ; but, until such notice be given, to continue in force. Mr. Goulburn thus accounts for this decision. In making the proposal, he says, " The Government were mainly influenced by the consideration that it was not advisable unnecessarily to agitate questions affecting the banking interest and the currency of the country." 82. Your Committee have stated the reasons by which it is established, to their satisfaction, that the recent commercial crisis in this country, as well as in America and in the North of Europe, was mainly owing to excessive speculation and abuse of credit ; and also, that in the time of pressure the houses which deserved assistance I'eceived it from the Bank of England in a manner in which that establishment would not have been able to give it, except for the bullion retained in their coffers ; and your Committee are satisfied to leave in the discretion of the Executive Government, the time and prudent opportunity of giving further effect to those principles by which the convertibility of the Bank of England note has been kept above suspicion. 1st July, 1858. SECTION THE FIFTH.* The Amevlcan Crisis of 1857 and its Eesxilts— General Course of Trading — The Banking System and its Defects — Inflation of Capital and Competing Powers of Speculation — Over-trading assisted by the Banks— Reckless Proceedings of Merchants and others in the Great Race of Business — The Natural Conse- quences — Universal Depression and Enormous Depreciation of Property — Railway Management Involving Fraud and Speculation — Recuperative Power of the States — National Cliaracteristics — Resources and Means of Development. The inhabitant of one of our coasts who Avatches the operations of a spring-tide, views with surprise and pleasure, which no familiarity with the phenomenon can diminish, the rapid advance of the waters beyond their accustomed bounds; and as ridge after ridge of rock and wide bases of sand disappear beneath the tidal current, and life and buoyancy take the place of what had been stationary, if not positively monotonous, he not unnaturally experiences a feeling of exultation similar to that which arises from the display of unwonted energy. Again, as old ocean from afar calls the waters back in that mighty effort to establish a re-adjustment of the liquid clement, the same spectator finds, exposed below the usual line of retroces- sion, a blank and barren waste, out of all proportion to the advance that had been made, composed, for the most part, of deposits only fit to be the resting-place of slimy monsters, and tainting the fresh air. Quite analogous in its way was that high state of apparent commercial prosperity, especially in our connection with the United States, which most persons were * This Section has been principally prepared from the views of an English friend, long resident in the United States, and -who, at my request, placed in oi-der his opinions on the subject of the American crisis. Some portions have required modification, owing to changes which have occurred during the last few months, but on the whole the paper represents in an impartial spirit the causes and effect of that great revulsion. It will be found to be borne fully out by appended statistics. — D. M. E. THE AMERICAN' CRISIS AND ITS PROGRESS. 93 disposed to regard with satisfaction. Nearly CA'crybody rejoiced at the display of new activities without caring to question their source^ or to take into account their possible reaction. The great majority believed the apparent prosperity stable, and its conditions as permanent. Now, whilst a spring-tide can be anticipated, the period of its continuance accurately predicted, and the times of its recurrence, together w ith most of the lead- ing phenomena of nature, brought under an ascertainable law, it is marvellous to notice how little the science of calculation has been brought to bear on those mercantile crises which from time to time shake nations. There are, indeed, persons who confidently augur stated periods for their appearance, though on doubtful data ; but most persons regard them as one would the occurrence of an earthquake, neither to be anticipated nor prevented, but passively submitted to. It is certain, however, that if the phases these phenomena present were more accurately examined, and the conditions under wdiich they transpire search- ingly analyzed, the community would soon be put in possession of an accurate diagnosis, and be better prepared to deal with premonitory symptoms. There are many people, it is admitted, who would be disposed to attach but little credit to the deduc- tions thus obtained, even after experience had confirmed their correctness ; but the general result would no doubt be, that greater caution would characterize dealings in the direction indicated, and this without any prejudice to the spirit of legiti- mate enterprise. As thinking individuals are far from believing that a commercial crisis, commence when or where it will, is out of all law, perhaps the most direct line of investigation as to the origin, nature, and results of such an occurrence, is to look into the character and actions of those who are to be viewed as the chief parties to it, and, together with the results, to examine the organization, financial or otherwise, by which it was favoured, and the circumstances by which it was attended. Were this course more generally pursued the public would be better pre- pared for the evil day, and although unable personally to influence such catastrophes, the damage that would Otherwise ensue might be diminished by anticipation, leaving the distress to fall chiefly among those firms whose operations had not been conducted with the prudence which ought to be observed in all mercantile relations. Had more attention been previously paid by merchants and 94 THE AMERICAN CRISIS AND ITS I'ROGRKSS. others in this country to the various banking systems of the United States, and their relations to trade and commerce, sufficient prognostications of succeeding events might have been discerned, to admit of some forewarning. This neglect is the less pardonable from the fact that banking operations in America are far from being shrouded in mystery; their periodical published statements furnishing all the information that is desirable. Even now, it is only with a full knowledge of the monetary operations of these institutions that the commercial interests can hope to escape a renewal of the same dangers as those already encountered. The public are familiar with the collapse which overtook a large portion of the trade of this country upon the news of the late American crisis, with the suspensions which were the result of the stoppage of remittances from the States, with the rumours circulated in regard to the stability of various mercan- tile lioases, the high rates of interest, the depression in produce and other articles, the diminution of bullion in the Bank, the shipments of specie to New York, the decline in the funds con- sequent on the war with India ; to which might fairly be added, abstinence from large undertakings, gratuitous alarms, and no end of prognostications of further calamities. The disasters that ensued in the United States may be traced, primarily, to the relative position and action of the banks in connection with the enterprises which capitalists had embarked in far and wide — the facilities then afforded prevent- ing the exercise of that caution wdiich should have governed their operations. In "fact, the crisis was a foregone conclusion, and in proportion as the perils of the future loomed up, the spirit of recklessness which these banks did their best to feed counteracted every influence that made its appeal to timidity and apprehension. Lands were sold and stock bought up. Those who took only a quarter of a million dollars^ worth of goods from England, under favour of the banks, advised one-half, though it was well known that the mnjor portion of these pur- chases would have to go to auction. These operations on the part of thousands merely represented a race against time, on the strength of bank favours and foreign credit. The current notes of the banks throughout the States had, for a long period previous to the crisis, by their immense expansion and credited guarantees, led to that depreciation of the general currency THE AMERICAN CRISIS AND ITS I'KOGRESS. 95 which is to be estimated by the increase of the average prices of cornmoditics generally. This^, instead of lessening, gave new stimulus for a period to all operations; labour and industry gained new life. The tradesman dealing with the merchant in New York, Boston, or Philadelphia, after laying in his ordinary stock of goods, had met with a ready and profitable sale ; but ■when about to replenish his store, he found tliat he had to pur- chase at an advanced price. Again he would meet with a sure demand, and again, when he replaced his stock, the price was raised. He would now take a larger amount of goods to provide against the constant augmentation of price ; and the success of this operation woidd induce him to repeat it on a larger scale. In such a state of things credit became extended, and though a collapse was threatened, yet to those who took their observations from accustomed points of view, a general and well founded confidence in pecuniary engagements appeared to prevail. Labour and industry, that had been the first to pi'ofit by this virtual depreciation of the currency, through an almost limitless issue of paper, were the first also to feel its ruinous effects. With the continuous and rapid rise in prices, the demand for their products fell off; they could not cope with it. The dealer came next ; the money he received was not available to discharge his engagements ; the merchant looked for accom- modation to the banks to enable him to support increasing burdens, applying himself to enlarge at any hazard, in the hope of gaining time, his indebtedness to this and other countries, and applied his undivided efforts to obtain the extension of his bills, and to reduce the more pressing and immediate obliga- tions. This was nothing more nor less than taking a long lease of credit, but as for any hope of speedy relief, none, it is believed, was entertained by even the most sanguine American merchants. Those who had confined themselves to safe transac- tions anticipated silently and confidently — for it was not their interest to expose it — the coming catastrophe. It is certain that the most stable commercial houses failed to communicate to houses in this country, as they might have done, the knowledge in their possession as to the true state of affairs in the United States, the weakness of the tenure of so much seeming show and prosperity, A feeling hardly to be called immoral, a hankering after individual and national prosperity (terms almost exchangeable in the American mind), at whatever risk and 96 THE AMEIllC.AX CRISIS AND ITS PKOGllESS. cost to other nations, kept their mouths closed and their pens fettered. A "mighty smart" thing- was about to be done. It would have been thought a pity to spoil the joke. The banks were taking no effective measures to reduce their circulation in quantity, so that the result was inevitable. The next phase to note in the progress of those events which ripened into the American crisis, is the activity of the commerce carried on between the United States and this and other countries the preceding season — an activity with no determined basis except that which lay in the means and capacities of France, Germany, and England to sustain the losses which were waiting them the opposite side of the Atlantic. It is in the extreme and unwarrantable extension of their note circulation that the banks of New York, Boston, and Philadelphia are chargeable with promoting the late crisis. ^The notes of these banks are far from being absolutely secured by their being based on State stocks, as late transactions have shown. The evil is, that in addition to contributing an undue share to the general currency, these banks, in tendering their services to transact, as far as may be uecessarj^ the pecuniary business of this community itself (including all sorts of specu- lators), put an equitable limit on such transactions. Whilst recklessly dealing out, these banks were equally arbitrary in contracting or extending their accommodation. The bills of exchange in circulation in the cities and towns of the United States, just previous to the crisis, depended almost wholly for existence on the banks, a very considerable portion being of their own drawing. The banks had made the bills currency by accepting them in account, discounting them, and promising to to take them up when due. Speaking generally, the acceptors of them could not make them payable out of the United States, and the drawers could make no use of them without the banks. The destruction of the latter would have proved the destruction of the bills. These banks thus enabled the smaller traders to double the business they would otherwise have been able to transact, and men in business, to transact their pay- ments regularly, must have facilities, or there will be eventual bankruptcy. Both these parties, therefore, not to speak of brokers and various grades of operators, were interested in up- holding the circulation. There must, undoubtedly, exist a circulating medium, the representative of property, to answer to THE AMERICAN CRISIS AND ITS PROGRESS. 97 a sufficient extent the purposes of the exchange of property. But where, by the importation of foreign manufactures, a debt is coutracted abroad to a greater amount than the surplus of the raw material will pay for, the difterence must be paid in specie. This will occasion annually a diminution of the solid circulating medium, and with an increase of paper credit, as extensive, and for as long a period, as the folly of the borrower and the capital of tlie banks will permit. Tiiis abundance of paper currency in the United States depreciated the means of support of all who lived upon a specified money income, tempted to adventurous speculations in trade and to indiscreet expenses, while by the smiling aspect of seeming prosperity it hid from the thoughtless multitude the day of retribution. The banks, at length alarmed^ at the prospect of the disappearance of their specie, consequent on an adverse balance of trade, and at the extent of credit to which the desire of gain had tempted them, retrenched at once their discounts, and called upon their customers to pay their debts. These customers called upon the consumers. But now the paper medium was retrenched, the solid medium of trade was gone, the payment in money could not be made, and lands and other kinds of property had to be sold at a sacrifice not only of the adventitious value they had acquired, but at one-half and two-thirds of their real value. Then commenced a scene of failure and fraud, and sacrifice of property, of blasted hopes and family distress, of national embarrassment and stagnation of, business, which almost defies description. The evil was radical in the system of basing prosperity on artificial credit. So far as respected the outstanding circulation of unredeemed and un- redeemable bank notes at the time of the crisis, Philadelphia and Pennsylvania generally had a full share of suffering ; and as the city largely depends for prosperity on the transit of business — the forwarding of goods and manufactures into the interior, and again concentrating within herself the yield of the neighbouring coal regions, and of the western mineral districts by means of costly and gigantic schemes of railway, together with the agri- cultural produce of the north-western, western, and southern regions, it could not be otherwise than that the effects of the, collapse as it affected her were far and widely felt. It was in Philadelphia that the way in which the inducements of those banks were the means of increasing disasters and hastening the crisis was most apparent. Competition in banking is in Phila- H 98 THE AMERICAN CRISIS AND ITS PROGRESS. delpliia limited by law ; but this very restraint, as to discount- ing privileges, leads those that are established to push their business to the extreme verge of their capital. The amount of discount and loans in proportion to capital has always been larger in Pliiladelphia than in New York. The proportion of borrowers being always in excess of"«*the lenders, these banks had it in their power, and exercised that power for some period before the crisis of November, to impose the very hardest con- ditions. Illegal interest was not directly taken, but exactions were made of large balances given to remain on deposit. Particular cliques and special business interests were accommo- dated, and those less favoured had to pay the accustomed tribute to usury. With dealings in the discounting of paper conducted on such a partial and unsound policy, it was no wonder that the majority of the enterprises in which these banks trusted " went by the board. '^ The banking system of Pennsylvania has been regarded by astute Pennsylvanians themselves as less secure than that of any other State of the Union. The restriction on the competition in banking gives to them all the character of a monopoly. With the prospect of usurious tribute, they are liable at any time to be tempted into too great an expansion of their operations. The whole of the distress is not to be ascribed to the conduct of the banks, whether, first, by extravagant emissions, and then by pressing on their debtors. The support and stay of banks is specie, and the extravagance of commercial operations having led to that alarm which caused its withdrawal by individuals from circulation, and especially by foreign banking houses, such material was wanting. It was not, however, to the interest either of the British or the American community that the banks should be further supportedj unless indeed to postpone what must have eventually occurred. Little, nevertheless, can be said in defence of tliese institutions. There are in many of the cities of the United States three or four times the number that are necessary; a great portion of them are very ill managed, and have done much mischief. But when the great mass of distress existing in the country is charged to the account of these establishments, the effect is mistaken for the cause. It may here be remarked that the Americans, beyond any other people on the face of the globe, " calculate" on the value THE AMERICAN CRISIS AND ITS PUOGRESS. 99 of time — and time is an element of strength on which they largely depend for recovery from the late disasters. In fact, knowing the .resources of the country, and looking to their future development, they are in a manner, and from a European point of view, reckless of the present. This, in fact, is the key to the great reactive effects of those principles which attach to the commercial and trading system of the United States — principles wdiich have really no limitation but those resources without which, in any practical sense, credit must prove utterly worthless. It could be readily shown that the credit which America has opened up with this country (not the credit system, which is always the same) must go on indefinitely increasing, despite the unsound schemes which are borne along with it. Whatever the sum of the phrases '' prosperity misused,^^ " stocks falling in price,''^ " real estate declining,'^ " ships becoming a drug," '' railroads suspending their dividends," with the declared absence of any guarantee for the payment of claims — notwith- standing these expressions, the public may be satisfied that the United States is not fated to perpetual and overwhelming dis- asters. Time alone, not counting on anything else, will save it. This is the element of calculation which is left out in all those gloomy conclusions to which the English community yield. Even the telegraph, with its wondrous aids, and the mechanical improvements so subsidiary to the operations of trade and com- merce, constitute securities for the continued and increasing prosperity of the land of '^ stars and stripes." The true relation of time to credit, in connection with these scientific aids, has found as yet no exposition in the published theory of any system of finance. Financial theories, in fact, are of old date, concocted at a time when commerce did not embrace such extensive interests as at the present time, when the electric telegraph — an agency causing millions of dollars' worth of goods to change hands in a moment, in cases in which money and weeks of time to connect remote distances were formerly required, linking places thousands of miles apart, and answering all the purposes of a brisk monetary circulation, so far as it is the medium of exchange — was unknown, when steam and clipper ships had not begun to stimulate exchanges, or an improved system of credit had affected materially the old routine of practice, with its standard regulations, and measured allowances of weeks and months for results that are now accomplished in a day or an 100 THE AMERICAN CRISIS A\D ITS PROGRESS. hour. AVliat is chiefly to be complained of is, that the credit of the United States has been upheld on false pretences; not that it has had a credit which Avas to some extent a necessity. The system has been sustained Avith them on a false principle, that of inflation ; and the people liave yet to learn that to check this expansion is not to diminish, but to secure their credit. It would take tens of millions of dollars to accurately represent the value of the decline in United States railroad stocks and bonds during the twelve months ending December, 1857. Not that the country is so much the poorer, but that tliis amount has been abstracted by mere speculators from the pockets of share- holders. Such a result is injurious to established relations between man and man. To order more than can be paid for to cover the errors of borrowed money, has been the crime of railroads, corporations, and private individuals, and largely in- debted as they have been to these l^anks for the opportunity of enriching themselves by fortunate speculation, it is natural they should associate them indissolubly with every degree of pros- perity. In the temptation which these institutions offer to an undue extension of individual credit, and in that want of probity which is the last result of temptation, most persons are disposed to trace, more than in anything else, the concatenation of evils known as the American crisis. The American mind, it is nevertheless thought, has sufficient acuteness to discern the tendency and relative value of any given principles of action, sufficient practical insight into the conditions by which a harmony of interests is to be maintained, and such an amount of what may be termed natural conscientiousness, wdien this is not swerved by an avaricious impatience of results, to see its own interest in adhering to some higher principle than that wdiich, hitherto, has practically regulated it. On this thorough purgation and self-reform must, or should, depend the renewal of English confidence. Indeed, prosperity has been so greatly misused in the United States as to tend to general bankruptcy, to a practical suspension of all the laws and dealings which govern right. As a result, foreign merchants and bankers demand of the financier merchants of the United States more substantial security in making their advances. Inflations with corresponding reactions, casual or periodic, are felt to be grievous evils, and as far as general trade is concerned, the sooner the late existing state of things vanished, the better. At the same THE AMERICAN CRISIS AND ITS PROGRESS. 101 time, individuals should be on their guard against contracting Avithiu the too narrow limits of selfish suf^picion, in the absence of fair explanatory statements. Seeing how largely the financial trading and commercial operations of the United States partake of the character of the people who enter into them, and to what extent they are removed from those systems of combination which have grown up amidst ourselves, it may be hoped that the correction of personal character through the lesson which has been lately taught, may result in the abandonment of false and adventitious grounds of reliance. The country, in its con- dition of rapid developmentj has certainly little need for such dependence. It is a remarkable fact that whilst as much as fifteen months before the American crisis, a general distrust of the railway system prevailed through the United States, public opinion in England was unaffected up to the verge of August and Septem- ber, 1857. The character of the widely diffused class of securities was here stationary, and there was no reluctance on the part of capitalists to embark in new enterprises. The dis- trust prevailing in the United States had sprung mainly from a prevalent belief that the chief lines were corruptly managed. English manufacturers, too, continued to make advances, though industry in the States was slack and work was scarce, and people there were looking to the future with timidity and apprehension. The fearful indiscretion in the financial management of American railways has been among the prominent results of the late crisis. It had been noticed beforehand how uniformly the " total cost of construction " account was increased from year to year. The reasons, or rather the excuses, which were given for this unpromising feature, showed a good deal of ingenuity. In one report, it was the difference in the cost of a new bridge, and the original cost of an old one, difference in the cost of new and old iron, difference in the cost of heavy and light locomo- tives, enlargement of depots, raising the lines where a deficiency of gravel or ballast had occurred, and, in fact, almost any change in any department of the road or machinery was taken advan- tage of with the view of charging something to the "con- struction account," so that the net earnings each year might make a favourable show. It was very pleasant for the owners of a railway to hear that it earned eight, ten, or twelve per cent., but these eventually experienced to their regret that the 102 THE AMERICAN CRISIS AND ITS PROGRESS. items charged had to come out of their pockets, that the net earnings must cover a much larger surface, and that there was almost an entire cessation of paj'ment of dividends. In many- roads, however, the " open construction account," which assisted '^ to make things look pleasant," has been closed, but not on all of them, and therefore shareholders should look to this as well as to the floating debt system, where money is borrowed on shares at from ten to thirty per cent., the usury finally finding its way into the capital, upon which a dividend has to be earned just as well as upon the bona fide subscribed and paid amount. The " open construction account " was a delusion. It was easy to leave the increase of the account at the option of a few scheming and cheating speculators, who thus contrived to feather their own nests, to cock up an annual report at the expense ultimately of a cessation of dividends. What a declina- tion has been witnessed of splendid dividends of ten and twenty per cent., payable in stock or bond ! The extraordinary and undue expectations entertained not only in the United States but in this country as to the capa- bility of California, unquestionably aided in multiplying and extending the disasters consequent on the American crisis. When it was again and again stated, both in London and Boston, in regard to shipments to San Francisco, that six, or at most eight, moderately sized or assorted cargoes per month were all that were required or that could be consumed ; instead of that quantity eastern shippers despatched twelve to fifteen first- class ships per month, fully laden with assorted merchandise. Some of these ships would have on boai'd more than three thousand tons of goods. It is not too much to say that twelve ships now are equivalent to twenty-four, five or six years back, for then at least one-half the tonnage going to California was taken up by lumber, flour, wheat, oats, corn, and other bulky articles, of which California does not now require one dollar's worth — being itself an exporter. The cargoes sent were out of all proportion to the wants of the State. Parties in the East interested in ventures were slow to learn there was a glutted market, notwithstanding the accounts of sales of goods and the remittances for them were less and less satisfactory. On several ■ occasions consideral)le excitement was created in New York among those who had made shipments of merchandise to California, by the receipt of letters from commission houses in THE AMEUICAN CRISIS AND ITS PROGRKSS. 103 San Francisco containing accounts of sales. The cliarges swallowed up the proceeds of the sales. It was once stated in dry-goods circles, that one of the largest auction houses sent over two hundred thousand dollars' worth of dry goods, for which it never received one cent. It is evident that in proportion as the commerce of the United States depends on agriculture as its basis, and " trading" conducted on the capital of the country, will both become inde- pendent of fluctuations ; and that late events tend to this result, there can be no doubt with those who have watched the order of things from the commencement of the new epoch, each day serving as it does to mitigate its calamitous consequences, and the experience of the past having already led to a practical application of a remedy. The effects of the disasters that have overtaken the United States can be but temporary. The States, indeed, must chiefly look for the liquidating of their indebtedness to the fruits of agricultural industry. The late crisis showed that American merchants disregarded the valuable lesson of yEsop's fable of the goose that laid golden eggs. They were in full course of killing the goose by their determination to enjoy all the benefits of extended trade at once, without waiting for the gradual improvement of those resources which time would have accomplished. Thousands in this country, with shattered fortunes, lament the infatuation that led them to inundate the United States with merchandize, but the responsibility rests on the other side of the Atlantic, ^here was manifested, with a like infatuation, an unpardonable cupidity. That distress and embarrassment still pervade the United States, notwithstanding late favourable financial statements, to an extent probably never felt before there, except during the period that elapsed between the close of the revolutionary war and the adoption of the federal constitution, cannot be denied. A large proportion of the manufacturing establishments are suspended, and nine- tenths of those that are in operation have greatly curtailed their business. Of the proprietors many are ruined, and those whom strength of capital and other advantages have enabled to maintain the struggle, are but weakly encouraged to persevere. Numerous emigrants, who have gone to the United States in the flattering expectation of having full employment in the various arts and trades, have realized disappointed hopes and broken spirits. It is to the agricultural portions of the United States, par- 104- THE AMERICAN CRISIS AND ITS PROGRESS. ticularly to the resources of the great West, every one looks for the recuperative power which in time will diffuse a new energy over the country. Enterprising men are hastening thither, towns are springing into life, valuable roads that pass through rich and fertile countries are being constructed, the United States Government is quickly disposing of its waste lands, and the produce of copper-mining districts, and of new coal regions recently discovered, add important elements of profit. Attention may also be directed to one further element of strength, and that is — all other appearances to the contrary — the indissoluble character of the Federal Union, by which the States are linked to one another, and this without the remotest prospect of open collision. The people in the North regard slavery in the Southern States as a fact with which they have no right to interfere, and which they feel bound by the letter and spirit of the constitution to leave to the control of those on whom it is fixed. At the formation of the Union there were tAvelve slave States out of the thirteen, and at this date there are but thirteen slave States out of thirty-two of the Union. Slavery has shifted its location, and is now dying out of Virginia through the large introduction of free labour, and the fact that it is becoming un- profitable. It will flicker and pass away in the South, as it did in the North, as indeed it has done in all nations by the same process, that is, when it ceases to pay and becomes an insup- portable evil to those who have to endure it. It will un- doubtedly have to be left to what may be termed self-legislation as respects the States in which it is located, for intermeddling with it has been found to contribute to its perpetuation, because enlisting the spirit, pride, independence, and sectional feeling of the localities interested. If Kansas had been left to the natural course of events, or settlement and colonization, it would have escaped even the chance of becoming a slave territory. Such was the general sentiment and expectation in the South; but this slow, quiet, and certain process would not content the agitators. They could not be satisfied without threatening the South, and thus aroused that section to active and self-sacri- ficing efforts to extend its influence into this new region. This may serve to explain ebullitions of feeling that have occurred, and which have been widely misinterpreted in this country, though in no way aflecting the stalulity of the Union. The entire abolition of slavery in the United States will probably be THE AMERICAN CRISIS AND ITS PROGRESS, 105 brought about as a question of profit and loss long before the terms on which one race should be subjected to another are fairly settled by casuists. The correctness of the description thus far given of the great American crisis will scarcely be disputed, and unless this state- ment be impugned, it would seem difficult to forbear omitting the necessary conclusions to be deduced from it. The direct effect of this crisis has been to shake the attachment of the people of the Continent to the United States, and to produce a conviction, liowever vague or ill-grounded, that there is some- thing inherently defective in the principles dominating through- out transatlantic society. There is no question that the character of the business portions of the communities in the commercial cities of America has been deeply compromised. In addition to a thorough change in general principles of action, under the great law of imposed necessity, so far as re- gards the future dealings with this country, it should be urged as an essential condition, the adoption of sounder policy in the working of American banks. As to the advantages which these banks are supposed to be capable of yielding to the com- munity, a deplorable and portentous public delusion appears to prevail throughout the United States. As the leading mercan- tile, manufacturing, and trading men throughoiit the States, in most cases began life with nothing, and owe what they possess in a very large degree to the aid they received from the banks when they commenced, let them learn to profit by their ex- perience, and with less eagerness and less unscrupulousness to tarn their intelligence, their skill, and the advantages by which they are surrounded to better account. Let them not endeavour to force a prosperity beyond that provided by the natural re- sources of the country; to accelerate national growth, and make individual fortunes by dint of mere scheming and on purely surreptitious grounds ; lastly, in a country where labour is more respected than in any other, let them look to it as the only assured means they possess of permanent Avealth and advance- ment. With the exercise of due vigilance on the part of the English, they can never again have an opportunity of making such breaches in the credit system as those respecting which such grave complaints are made. Looking to the future, a regeneration in trading morality may be hoped for. No people ever possessed in a higher degree 106 THE AMERICAN CRISIS AND ITS PROGRESS. the means of national prosperity. An ample territory, fertility of soilj variety of climate and produce, a sea-board of five thousand miles facilitating foreign commerce, fisheries, and the coasting trade, and the mountainous divisions of the interior intersected by rivers, canals, and steam navigation, which create unparalleled conveniences for intercourse. The greater pro- portion of this territory is tilled by men as hardy, intelligent, and enterprising as ever turned the soil. A market abroad is always to be obtained for the surplus of all the raw material and the surplus of all the labour. Enterprise is everywhere the guiding motive. It has, undoubtedly, been carried to undue bounds, but is a good motive still. In the meantime, there are few artificial combinations, such as those which have grown up amidst us from the feudal ages, to embarrass advancement. The independent existence of the people was commenced in a state of civilization. The whole land was before them, to frame their laws and fashion their institutions as experience and an enlightened intellect should dictate. Nor is any compromise of local temporary interest demanded. The efi'ect of the late crisis will no doubt be to throw the people more completely on their moral resources, to teach them that they must be more faithful to principle ; that to be great, wealthy, and happy, it is not only necessary that manufactures should be extended, that commerce and trade should be enlarged, that capital should be augmented, that industry should exhibit new energy, that roads should be improved, arts and sciences patronized, schools be built, and universality be given to institutions of religion ; but that the morality, prudence, and integrity which enable them to look along extended lines of possible action, should be combined with that remarkable tact which undoubtedly characterizes the Americans. THE AMERICAN CRISIS AND ITS PROGRESS. 107 AMEEICAN FINANCIAL MOVEMENT FEOM 1811 TO 1852. {From the New York Herald.) The annexed statement exhibits the discounts, deposits, circulation, and specie, of the banks, at difTerent periods, with the value of imports, and the consumption of foreign imports, per head of the total population, at corresponding dates, showing also the state of financial matters each year, and the effect of the currency upon commercial afl'airs : — Bank Movements and Commerce or the United States. i a 10:V » During the panic in October, 1857, cotton rapidly declined, and con- tinued to recede until the first days of January, 1858, \rhen middling uplands sold as low as 8|c. to Sfc, On the 7th of January the Atlantic's THE AMERICAN CRISIS AND ITS PROGRESS. 115 news was published, whicli produced a reaction, and prices have since advanced (January 20) to lO.Vf. per pound, or about I'lc. to 1^''. per pound — equivalent to about S7 aud $7 50 per bale. East India Goods. — Among the most disastrous losses of 1857 were those sustained by houses in the East India trade. Gunny cloth, which sold iu January, 1857, at lie, sold at the same period in 1858 at 9c. Gunny bai,^s, which were sold as high last summer as Uc, declined with the close of the year to lllc. Saltpetre, which sold in January, 1857, at 8c. to 8.Vc. for crude, sold at the same period iu 1858 at G\c., duty paid. The heaviest decline, however, was realized in flax-seed, which cost iu Calcutta $2 and $2 20 per bushel, and receded in the United States to $1 20 and SI 25. Manilla hemp declined from 9c. to 7c. per pound. Spices, including cassia, nutmegs, pepper, etc., have also largely fallen. We give the annexed table of the highest prices of last year, compared with those occurring in January, 1858 : — January, 1857. Nutmegs 90c. to §1 Oc Mace 80 „ 85 ' Cassia 42^ „ Pepper 12 „ Cloves 12 „ The duty on these articles was stricken off" by the late tariff law of Congress, which threw them into the free list, and has no doubt contri- buted to reduce prices. Yet the decline exceeds the amount of impost taken off. The comparison in the prices of flour and grain will be seen from the following tables. Owing to the short crop of 1856 prices were fully maintained during the summer of 1857, or until the crop of that year began to reach market. The favourable harvest in Europe, combined with the late panic, at once sent down prices ; and 1858 opened with a fall in flour of fully $2 per barrel, compared with the same period of 1857. We give the following average of prices in New York, on the 1st of January for each year, as follows : — January, 1858. 50c. to 52c. 40 5> 45 26 »> 8i „ 7 1852 . perbbl. 34 37^( 666k 775 9 825 610 420 State. 7, to 34 50c Western. $4 50c. to 84 62 J 1853 5 62i .... 5 62^ » 5 '75 1854 . ... 7 87^^ 7 75 „ 7 87^ 1855 9 37i 9 121 „ '9 50 1856 8 50 8 25 „ 8 50 1857 .. fi 75 640 „ 7 1858 470 425 „ 5 50 And the stocks at the same periods were as follows : — Flour. 1855. 1856. 1857. 1858. Western Canal bbls. 120,000 439,600 255,000 476,900 Canadian 20,700 27,300 18,600 7,800 Southern 43,000 130,100 119,500 118,450 116 THE AMERICAN CRISIS ANII ITS PROGRESS. The same causes which operated on the prices of flour also operated on those of grain. AVe give the following average of prices of grain in New York on the 1st of January, in the years named below : — Corn. Eye. 1852 1853 1854 1855 1856 1857 1858 !1 to $1 15 ?0 77 to $0 $0 66 to $0 67 1 25 „ 1 30 93 „ 68 a 70 1 90 „ 2 08 1 22 )> 1 24 77 „ 83 1 80 „ 2 50 1 38 5J 1 40 97 J5 1 00 1 90 „ 2 20 80 J» 93 1 30 » 1 31 1 30 „ 1 80 68 )> 75 88 5) 90 90 „ 1 35 53 5) 66 72 » 74 1S58. §210 to ?o V „ 100 „ 110 140 „ 160 And the stocks at seveal periods w^ere as follows : — 1855. 1856. 1857. 1858. Wlieat per bushel 74,000 789,796 531,650 389,000 Com 500,000 645,962 1,967,500 97,000 Hemp also fell off in prices as follows : — January 1, 1857. Russia perton. $275 to 3280 Manilla per lb. 9 „ American clew rotted... per ton. 210 „ 215 „ di-essed „ ... 240 „ 260 Hides were imported in 1857 largely in excess of demand, chiefly from Buenos Ayres, and immense losses have been sustained by their fall in prices. Several houses in the trade have been swept entirely away by the ruinous decline. The total imports and average prices for a series of years may be seen from the following tables : — Total Imports from Jantjart 1 to December 31. 1851. 1855. 1856. 1857. Foreign, No 1,360,429 1,210,185 1,310,815 1,259,271 Coastwise 310,869 344,958 444,105 551,943 Total 1,671,298 1,555,143 1,754,920 1,811,214 Prices in New York, January 1. * B. Ayres. 1852 per lb. nic. to 13r 1853 1854 1855 1856 1857 1858 IH „ 16 22 „ 23 19 „ 20 „ 26 „ 31 „ 20 Orinoco llr. to ■ — r. 14 2U 22 17 24 29 17 Leather also declined something in the same ratio, as may be seen from tlie following tables : — THE AMERICAN CRISIS AND ITS PROGRESS. 117 Pkices in New York, January 1. R. G. and B. Ayres. Liglit and Middle. 1852 per lb. Ik', to Ilk 1853 17 „ 171 23 20 25 3U 23 Orinoco etc. Light and Middle. 13f. to 13if. 16 „ 16J » 22 17.^ „ 181 22 231 29i „ SOk 19 „ 21 1851. 1855 19 1856 23 1857 30i 1858 22 The receipts were as follows : — Receipts. Sales. 1856 2,570,450 2,609,350 1857 2,683,737 2,395,600 Hemlock. Oak. 1856. 1857. 1856. 1857. Eeceipts of sole the past week, sides . . . 5 1,200 41,500 8,800 8,900 Sales 52,500 38,400 9,100 3,100 Stock 21,500 315,100 5,700 42,500 Same time. 1855. 1856. Eeceipts 37,800 8,200 Sales 34,800 4,400 Stock ". 53,300 11,900 Metals have not escaped the general depression, and especially iron and lead. Scotch pig dropped down from |30 to §31 per ton in January, 1857, to $24 to $25 in January, 1858, having at one time, last summer, rose to §35 to $38 per ton. American pig and English bars also suffered a decline. The termination of the Russian war sent down the prices of lead, from which the article has not recovered, while foreign imports have declined. The article sold at 6c. to 6|c. in January, 1857, while in January, 1858, it fell to 4|c. to 5^c. for Spanish and English. Copper and tin have stood their ground better than other metals. The product of the Lake Superior mines in copper during 1857 amounted to about 3,800 to 4,000 tons, showing an increase of about 500 tons over the previous year. Sales of Lake Superior copper were mostly made for export to France at 19 |e. to 20c. per lb. Taking the inside yield at 20c. per lb. will give the value of Lake Superior copper for the last year at 11,520,000. Naval stores also suffered a depreciation, as will be seen by the follow- ing table of Prices in New York, January 1. Turpentine. Spirits of (Wil. and N. C.) Turpentine. 1852 $0 Oc. to $3 6\c 31.Ve- to 37( 1853 4 „ 4 25 62 „ 63 1854 4 75 „ 5 60 „ 62 1855 4 „ 4 37^ 45 „ 46 1856 3 12.^ „ 3 37i „ 42 1857 3 75 „ 4 18 „ 49 1858 2 75 „ 3 „ 38 Common Rosin. ^1 20c. to $1 30f. 1 40 1 55 1 70 1 90 1 80 187| 1 60 1 50 i 162i- 1 30 118 THE AMERICAN CRISIS AND ITS PROGRESS. Oils of all kinds dosed lower in January, 1858, tlian they were at the same time in 1857 — the heaviest fall, as previously noticed, having been in linseed. Provisions, also, with the commencement of new supplies in the autumn of 1857, underwent a marked decline, which continued to droop until the present time, and especially pork and beef. The following table shows : — PiucES IN New Yoek, Januaey 1. Mess Pork. Mess Beef. Per bbl. • Per bbl. .1852 S14 75 to §15 12^ ... $8 00 to 11 00 1853 19 00 „ 19 50 ... 9 25 ,,10 25 1854 13 50 „ 15 75 ... 8 50 „ 14 00 1855 12 37i „ 13 00 ... 8 25 „ 11 25 1856 17 25 „ ... 10 50 ,,14 00 1857 19 37i „ 20 00 ... 10 50 „ 14 75 1858 15 50 „ 16 00 ... 9 00 „ 10 00 Lard Per lb. (bbl.) ?8f to 9 12 12i 9f „ 10 10 „ 10^ 12 ,, 12i 12^ 121 Si 91 The stock of pork, 1st January, 1858, was 10,558 bbls. against 13,046 ditto, 1st Jamiary, 1857, while the stock of beef on 1st January, 1858, was 39,144 bbls. against 10,488 ditto, 1st January, 1857. The market for pork reached its highest point during the year in the summer months of 1857, when mess sold at about S24 per barrel. Beef also attained prices in about the same ratio ; prime mess having sold as high as §28 and §31 per barrel. Lard also went up to 14^. to 15c. per lb. Rice at the opening of 1857 sold at Ac. to 4fc. per lb., and on the 1st January, 1858, at 2fe. to 3ic. Sugars and molasses underwent the greatest lluctuations. The following table will give the — Pkices in New Yokk, Ist Januaey. New Orleans. 1852 pergallon$28 to §- 1853 1854 1855 1856 1857 1858 30 27 23 48 31 28 26 49 New. Clayed Cuba. §18 to §19 20 23 22 40 80 Old 38 35 Old 17 21 25 42 40 20 Cuba, mus., hlids. . Cuba Cuba, bbls Cuba, cljiycdj lilids. Cuba, clayed, tcs. ,, Cuba, clayed, bbls.. Porto Kico, liluls. . Now Orleans, bbls. Stock in New Yoek, Januaey 1 1855. 1856. s — ... §— 276 ... — 3,730 281 14 17 200 1857. §1,161 370 267 100 1858. §1,518 4,041 2,820 275 471 THE AMERICAN CRISIS AND ITS PROGRESS. 119 The crop of sugar in Louisiana having only reached about 73,900 hhds. in 1856, showed a decrease of about 157,000 hhds., compared with that of 1855. The year 1857 opened witli a hardening tendency in prices, but it was late in spring before they assumed the highest rates — which ranged from 12c. to I4,c. With the close of the summer and the advent of the panic in the autumn, they commenced receding, and closed with the year at a much lower range of figures. We annex tables of quotations and stocks at the periods named : — 1851 1852 4-^ 1853 1851. 1855 1856 1857 1858 Prices in New York, Janizary 1. New Orleans. Cuba. perlb. 5ie. to 6jc 4^c. to 6f 4-^ , 6 4i , 6 4 , 51 4i , 5J 8 , 9 9 , 11 H , 8 4 , 6 4i , 51 4i , H 4 , H 7 , 8 8 , 10 <>2 , n Stock in New York, January 1. Cuba, hhds. 2,020 Porto Kico 99 New Orleans 4,592 St. Croix — Texas 24 Jamaica — 1856. 1857. 1S5S. 2,314 7,595 6,959 1,555 2,819 1,306 1,547 62 1,442 — — 250 520 Total Molado — Cuba, boxes — Manilla, bags 14,201 BrazU — Cuba — 6,745 5,146 10,976 9,957 — 10,788 19,931 ... 6,079 8,731 1,000 400 The market for foreign spirits has also undergone a decided depre- ciation in prices, induced partly by the reduction of the duties, but mainly by the general causes which have operated to reduce the prices of other articles. Tobacco, which had ruled high for the two or three past years, and maintained the advanced rates at the opening of 1857, unlike other articles, owing to unusually light stocks, as far as prices were concerned, resisted the influence of the panic of last fall, though the market was rendered dull and inactive by it. This inactivity remained at the close of the year, though had stocks and assortments been adequate to the wants of the trade, greater animation would have been witnessed in January, 1858, 120 THE AMERICAN CRISIS AND ITS PROGRESS. The following gives the total iuspections of leaf tobacco in New York for each of the years named below : — Ky. Va. & N. C. Ohio. Md. Total. 1849 ... ... hhds. 10,753 .. 2,254 ... ... 29 ... ... 100 ... ... 13,136 1850 ... 12,207 .. .... 1,437 ... ... 28 ... 122 ... 13,794 1851 ... 12,285 . 655 ... ... 6 ... ... 100 ... ... 13,016 1852 ... 20,107 . 361 ... ... 1 ... 3 ... ... 20,171 1853 ... 11,295 . 154 ... ... 4 ... 4 ... ... 11,157 1854 ... 9,295 . 295 ... ... 21 ... ... — ... ... 9,611 1855 8,679 1,720 2 — 10,401 1856 12,683 2,009 9 — 14,701 1857 8,963 1,376 — — 10,339 The monthly returns of stocks averaged from 5,000 to 6,000 hhds., leaving in the inspection warehouses on the 1st January, 1858, 4,644 hhds. against 5,746 hhds. 1st January, 1857. The stock of Spanish was much larger than usual, which was as follows : — 1st Jan. 1856. 1857. 1858. Havana^ Cuba, Sagua,Yara> 5 g^l 3,640 10,767 and (Jieniuegos, bales ^ ' ' The prices were as follows : — 1857. 1858. Vu'ginia and Kentucky leaf .. . 7e. to 16c'. 7c. to 18c. Mason county 10 „ 16 8 „ 18 Havanafillers 24 „ §125 28 „ $100 Cuba 25 „ 28 16 „ 22 Yara 35 „ 36 30 „ 35 The fluctuations in the prices of tea, induced by the war with China and consequent speculation, we have noticed in a previous article headed the " Commercial Retrospect for 1857." The heaviest decline in staple articles has been that in wool. The years 1855 and 1856 were years of high prices and speculation in wool, while the year 1857 may be recorded as one of the most disastrous known to the trade for a period of twenty years. Both producers and manu- facturers, with speculators, were alike in many cases made bankrupt by the fall. With the suspension of woollen factories last autumn the article became nominal, and for a while unsaleable. The stock of wool held in the seaports at the commencement of 1857 was estimated at 6,000,000 lbs., and in the interior about 3,000,000 lbs.— giving about 9,000,000 lbs. for the whole country. The annual consump- tion of wool ill the United States, prior to 1857, was estimated at 72,000,000 lbs., or nearly 3 lbs. per head to the entire population. Of this 72,000,000 lbs., the United States supplied about 52,000,000 lbs.— leaving about 20,000,000 lbs. to be supplied from foreign countries. The reduction in the duty on coai'se wools will, should trade and manufactures revive, lead to a large increase in the importation of cheap wools. The following table gives the prices of wool in New York on the 1st of January : — THE AMERICAN CRISIS AND ITS PROGRESS, 121 American, Saxony fleece per lb. American, full blood merino American, ^ and f merino American, native and i merino Extra pulled Superfine pulled No. 1 pulled California fine, unwashed California common, unwashed Peruvian, washed Valparaiso, unwashed Soutli American common, washed South American, Entre Rios, washed South Amei'ican, unwashed , South American, Cordova, washed East India, washed Afi-ican, unwashed Afi'ican, washed Smyrna, unwashed Smyrna, washed , Mexican, imwashcd 1857 55c. to 60c. 50 „ 54 44 „ 48 33 „ 37 45 „ 48 38 „ 41 33 „ 36 23 „ 26 12 „ 17 30 „ 36 11 » 15 13 „ 15 10 „ 20 8 „ 12 25 „ 27 26 „ 28 9 „ 18 18 „ 30 14 „ 20 24 „ 28 15 „ 18 1858. 40c to 45c 35 55 40 30 „ 35 27 )) 32 26 )> 28 22 5> 24 20 JJ 21 22 » 25 10 » 15 — >J — 10 » 13 10 » 13 15 >J 18 10 » 14 20 » 25 18 » 20 9 )> 18 16 >1 28 14 »> 18 23 55 28 12 16 Freights also participated in tlie general depression of 1857. We give the — Eates to Liverpool and London, January 1. Livei-pool. 1857. Grain 0*. Id. to 0*. 8id Elour 2 3 „ 2 6 Cotton 7-32fZ. „ id Heavy goods 27 6 „ — Loadon. Flour 2 lOj „ 3 Heavy goods 30 „ 32 6 1858. Os. hid. to Os. Q\d. — „ 1 10^ 3-16(;. „ — 20 „ — 2 6 25 26 Steamers . Ships .... Barks .... Brigs Number of Vessels in Port, January 1. 1857. 35 Ill 87 96 Schooners 270 1858. 33 145 92 107 314 Total 599 Sterhng exchange 8i to SJ 8J 691 to 9i We have thus given, at some length, statistics, or actual facts, on which we base the primary causes of the extraordinary revulsion of 1857. This remarkable reaction was as necessary as a thunder-storm in a mephitic and unhealthy tropical atmosphere. It purified the commercial and financial elements, and tended to restore vitality and health, alike conducive to regular trade, sound progress, and permanent prosperity. 122 THE AMERICAN CRISIS AND ITS PROGRESS. THE FAILURES IN AMEEICA. Office of the Meeca:vtile Agency, 314 and 316, Broadway, New York, Jan., 1858. TO OUR SUBSCKIBEES. The entrance of the new year induces us to present ourselves again before you, glancing back at the principal events of the past year in the mercan- tile world, and observing a few suggestions dictated by the interest which we feel in your welfare. The financial revulsion through which our whole country has just passed — the disastrous effects of which will be felt for a long time to come — exceeded, in intensity, the apprehensions of the most timid and cautious in our midst. A stringent money-market was looked for. There had been over-trading, too much competition in business, too heavy expenses, too long and large credits, and there was still quite a land speculation in the West. Some failures were of course expected. The tendency to overdo, however, you will remember, had been very miich restrained by causes which have operated every year or so for the last six years. Dur- ing that time, drought and failure of crops both at the South and West, and two or three serious financial revulsions, contributed to put jobbing merchants on their guard against excessive over-trading, in which we do not believe they indulged to any serious extent. After the hard years referred to, great anxiety was felt in regard to the crops for 1857. A kind Providence gave us an abundant harvest, on the basis of which a sound and healthy trade was anticipated. Our importations were heavier, it is true, than they ought to have been ; but our jobbers stocked up moderately and were looking for their usual fall trade when the contrac- tion commenced, which was followed by panic, and the crash came, de- stroying all demand for goods, depreciating stocks, deranging our interior exchanges, and stopping collections and the forwarding of the crops. Was there sufficient disease in the body commercial to cause such an arrest of business and a general liquidation ? The niimber of houses that have resumed or will pay in full ; the large number that have already compromised as high as sixty to eighty cents ; the small losses our banks have met with, and the quickness with which they were able to collect in and place themselves in a strong position — not to speak of the value of the crops on hand and the many millions of specie hoarded throughout the country — ^justify us in believing that the over-issues of paper monej', over- trading, speculation, etc., would not have warranted, at least after the export demand for specie ceased, more than a moderate contraction, which should have been even then very gradual and discriminating, and not a ruthless assault upon private credit. We say that the larger part of the contraction which took place was caused by pauic. by which we mean, " terror inspired by a trilling cause or misapprehension of dcinger." Death from fright is as serious a THE AMERICAN CRISIS AND ITS I'ROGRESS. 123 calamity as from any ordinary cause. We have reason to be thankful that this panic came in a year of plenty ; and with smaller indebtedness, we believe, from the country than usual. Had it occurred at any time within the last three or four years— the year of drought and failure of crops, for instance— there would have been more apology for it ; but the losses would then have been much greater. As it is, we may reason- ably hope that the houses which have been bankrupted by this crisis will make better dividends than were ever made before under such disastrous circumstances. We entertain the common opinion that the action of the officers of four or five of our strongest banks was the chief cause of the great disasters of the season. They concerted together and forced a rapid and merciless contraction upon all our city banks, carrying along with them those of the whole country. If the banks of New York city are to control the action of the banks of the United States, it is to be regretted that so small a number of them should be able by combining to determine the line of policy to be pui-sued by the whole body. The whole country is, there- fore, interested that New York should have a steady and safe banking system ; and if our Legislature should impose some such restriction as the press generally have recommended, like the law of Louisiana, requiring them to have one dollar in specie for every three of liability, we should have as perfect a system, probably, of paper currency, as has ever been devised. If the control of our banks is trusted to unskilful hands, the system ought not to be blamed for the difficulties which their bad manage- ment has caused. A wise action on the part of the banks would have driven into insolvency all that class whose condition warranted such treat- ment, without putting every one on the rack in order to discover the weakness of the few. The tendency to excessive importation, which has affected all classes of merchants, may be largely ascribed to the fact that European letters of credit have been so easily obtained, and that they have afforded such fine openings for " kiting " operations. In this regard the times are like those which preceded 1837. There has not been so much over-trading on the part of the jobbers with the interior as has been supposed. As a class they manifest more caution in giving credits than in former years. Where the organization of the house is good, where it combines other talent and experience than that of the mere salesman, with the judicious use of the mercantile agency, they can and do show good ledgers and a prosperous state of things. It is considered safe for a merchant doing an ordinary jobbing busi- ness, buying on eight months and selling on six, to sell three or four or even five times the amount of his capital ; and if his business is well attended to, and his goods placed in safe hands, he may be, always, easy in his finances, anticipating his paper, and entirely independent of banks. We can point to such houses among our subscribers in all kinds of job- bing trade, even that most slandered of all, the dry goods trade. We have in our mind the case of one such house, a leading one, too, which, from the commencement of its business, some years since, has never borrowed a dollar nor asked a discount till within a few weeks. We think of a silk 124 THE AMERICAN CRISIS AND ITS PROGRESS. house, whicli, for seventeen years, has not, till this crisis, asked a discount nor borrowed a dollar. We have also in our mind the case of one of our largest umbrella houses, which, for ten years, has asked for no discount nor borrowed a dollar ; and we could mention others. We admit that these instances are rare, but it shows what can be done and what ought to be done more commonly than it is. The risky houses are those which sell ten, twelve, or fifteen times the amount of their capital. In easy times they are able to do this by using all the credit they can get at bauk ; as well as that they get from the importer and manufacturer. The jobbing merchant's embarrassments arise mostly from the want of promptness on the part of his country debtor ; no definite time being fixed when the debt must be paid. The country storekeeper cannot be prompt when selling to farmers on a credit of twelve months or longer. He should sell for cash or short credit. Then he would be prompt to his own payments, and jobbers could begin to make calculations on the certain and prompt payment of their bills receivable. This would be striking at the root of the evil. The prosperity of the manufacturer, im- porter, banker, and jobber is largely dependent on the manner in which the country merchant does his business. If his course tends to make or break all those above him, how important that he should do business on sound principles ? He should be required to give notes for all his pur- chases, and to meet them at maturity. He would then, of necessity, buy carefully, sell prudently, collect closely, and thus enhance his own pros- perity as well as that of trade generally. The farmers, it is conceded, are the richest body of men in our country. They can now do, with con- venience, that which twenty or twenty-five years they could not. If, however, they cannot pay cash, they ought to be brought to quarterly settlements at all events. There are 157,394 village and country stores in the United States ; and they are all the while indebted to jobbers of the cities, on the average of say §14,500 each ;* or, in the aggregate, §2,282,000,000. They are, season after season, paying ofi" and incurring this debt afresh. These merchants, we are proiid to say, embody as much industry, business talent, and integrity as are to found in any of the walks of life, and the per centage of loss by them, including that which is made by adventurers and innovators is, on the amount of business done, small indeed. Another great cause of embarrassment, admitted to be such by a wealthy class of jobbers in some of our cities, has been the fact, that when they have sold to men whom they knew to be good, they nave been in- different as to whether the debt was paid them when it was due or not, preferring to make it secure at large interest, and in this way, locking up their capital, they have relied upon the banks to supply them in time of need with accommodation facilities. This accounts, in part, for so many houses of this description having been obliged to ask for some extension of their paper. * Tills seems large, but the table shows it to be below the avert^ge of the in- debtedness of 2771 countw nicrcluiuts. THE AMEllICAN CRISIS AND ITS PROCKESS. 125 We beg j^our reference to the follov, ing table, giving such particulars as may be of some interest. It has been gotten up in great haste, necessarily, but we have avoided no pains nor expense to make it accurate. In the large cities we have, in three-fourths of the cases, the statements of the parties themselves. In some recent cases of failure no exhibits have as yet been prepared. In all instances where these state- ments were not to be had, we have put a careful estimate upon each case, our own records furnishing us data by which we covdd more nearly approximate it than by any other method. We have not included such houses as suspended for a short time, and resumed payment ; nor such as, during the panic, had partial or even general extension, where it has been upon short time; nor have we included the losses by the failures of banks or railroads. These returns omit California, our arrangements for that State not yet being as perfect as elsewhere. They embrace, however, the Canadas, New Brunswick, and Nova Scotia. It will be seen that the number of firms in the United States (Cali- fornia excepted), by our records — and they embrace all but a class of small retailers in the larger cities — is 204,0G1, or, estimating the popula- tion at 25,000,000, that there is a store to every 123 of our inhabitants, or to every 25 families. There has been lost by 337 swindling and absconding debtors, §5,222,500, and by 512 firms which will pay nothing, their losses and con- fidential debts absorbing everything, $20,309,000. There are 3,839 con- cerns owing §197,080,500, and they are such cases as usually average 40 to 50 cents ; and there are 435 houses owing $77,189,000, which will pay in full if the times ahead prove to be ordinarily prosperous. The total amount of the liabilities of tlie 5,123 failures is put down at $299,801,000 But there will be realized from those who will pay in fidl $77,189,000 And on the amount of " ordinary " failures $196,080,000 at 40 cents 78,832,000 156,021,000 Leaving a final loss of $143,780,000 The columns exhibiting the number of counties in each State, with the number in which, during the whole year, no failures have occurred, will surprise you with their showings. No other conclusion can be formed than that the trade of the country was in good hands, and in a prosperous condition prior to the panic. If the country storekeepers' general debt is, as hereinbefore estimated, $2,282,000,000, it would be fair to infer that ordinarily the year's business would amount to all of double that sum, or $4,504,000,000. From this we would deduct for light trade last spring, and the injury to sales this fall, 40 per cent., which would make the business for 1857 , with the country merchant, amount to $2,738,400,000, and as the losses for the year by this trade were $41,838,000, the per centage is about one and a half. For the convenience of those of you desiring to contrast the city with the country trade, we have separated the one from the other, as will be 126 THE AMERICAN CRISIS AND ITS PROGRESS. readily perceived by reference to the table. Twenty-six cities arc enumerated. Tlieir failures bare been 2,352 in number, and tbe liabilities of the same amount to §257,963,000 — or an average of about §109,000. Those of you who preserved our last year's circiilar, will be able to compare the statistics therein given vrith those contained in this. STATISTICS AS TO FAILUKES FEOM Decembee 26, 1855, to December 25, 1857. Places. NEW toee;. New York city* Albany Buffalo Oswego Eochester Syracuse Troy . Utica . Balance of the State . MASSACHUSETTS. Boston Balance of the State . PENNSYLVANIA. Philaclelphia Pittsburg Balance of the State . Chicago Balance of the State . onio. Cincinnati . Cleveland Balance of the State . LOUISIANA. New Orleans Balance of the State . St. Louis Balance of the State . RHODE ISLAND. Providence . Balance of the State . MARYLAND. Baltimore . Balance of the State . Present Number of Stores. Carried forward 13 854 '721 793 204 408 305 391 298 15,875 4,374 10,257 7,404 1,374 13,526 1,350 11,459 2,513 550 15,746 2,230 1,667 1,580 4,851 1,100 566 1,970 3,368 Number. 118,734 915 35 72 13 31 29 24 20 447 253 230 280 28 226 117 199 96 30 220 Liabilities. 49 29 35 4 58 41 3,544 §135,129,000 838,000 4,224,000 161,000 850,000 436,000 1,607,000 585,000 6,789,000 41,010,000 2,611,000 32,954,000 1,183,000 2,283,000 6,572,000 2,766,000 3,898,000 612,000 2,357,000 6,285,000 246,000 5,522,000 433,000 4,564,000 105,000 3,206,000 725,000 $267,951,000 * Includes Brooklyn and Williamsburg. THE AMERICAN CIIISIS AND ITS PllOGRESS. 127 Present Number of Failures. Places. Stores. Number. Liabilities. Bi'ouglit forward . 118,731. 3,544 §267,951,000 MICHIGAN. Detroit 649 34 1,514,000 Balance of the State .... 3,706 98 1,004,000 IOWA. Dubuque ...... 403 36 735,000 Balance of the State .... 4,308 108 1,333,000 KENTUCKY. LouisriUe ...... 1,080 19 757,000 Balance of the State .... 5,715 31 1,007,000 SOrxn CAROLINA. Charleston 900 31 922,000 Balance of the State .... 2,538 24 305,000 Territories 1,697 63 1,705,000 Indiana ...... 7,337 139 1,636,000 yiEGINIA. Richmond ...... 1,583 30 781,000 Balance of the State .... 7,781 90 982,000 WISCONSIN. Milwaixkie 633 19 380,000 Balance of the State .... 3,757 101 1,244,000 North CaroUna ..... 3,233 62 1,171,000 New Jersey ...... 4,433 86 1,142,000 Connecticut 4,209 61 1,129,000 Maine ....... 4,912 81 1,060,000 New Hampshii-e 2,700 70 928,000 Vermont ...... l,9fi2 57 473,000 Georgia ...... 5,339 32 925,000 Delaware and District of Columbia 2,727 20 261,000 Arkansas ...... 1,179 7 309,000 Alabama ...... 2,694 16 295,000 Mississippi ...... 2,235 11 445,000 Tennessee ...... 4,387 40 712,000 Florida ...... 783 7 250,000 Texas 2,447 15 393,000 Total United States .... 204,061 4,937 §291,750,000 CANADA WEST. Toronto 389 25 §2,714,000 Balance of Canada West . 3,444 109 2,172,000 CANADA EAST. Montreal 909 15 523,000 Balance of Canada East . 1,764 15 1,267,000 1,375,000 Nova Scotia and New Brunswick . 1,797 22 Total British provinces . 8,303 186 §8,051,000 Total United States and British Provs. 212,364 5,123 §299,801,000 128 THE AMERICAN CRISIS AND ITS PROGRESS. Ordinary failures. How man}' have arranged with Places. No. Liabilities. creditors, and at what average. KEW YORK. New York city* Albany Buflalo Oswego E-ochester . Syracuse Troy . Utica . Balance of the State 600 18 53 12 27 22 12 9 378 883,951,000 480,000 2,795,000 156,000 707,000 268,000 682,000 376,000 5,565,000 218 av. 51 e. 10 „ 42 13 „ 43 8 ',', 48 4 „ 31 3 „ 48 5 „ 47 MASSACHUSETTS. Boston Balance of the State .... 212 202 32,255,000 1,711,000 182 „ 48 PEKNSYLYANIA. Pliiladelphia Pittsbiu'g ... ... Balance of the State .... 155 22 204 16,995,000 918,000 2,005,000 63 „ 54 23 „ 47 ILLINOIS. Chicago ...... Balance of the State . 82 149 4,571,000 2,093,000 11 „ 54 onio. Cincinnati ...... Cleveland ...... Balance of the State .... 69 24 178 2,387,000 390,000 1,742,000 54 „ 48 10 „ 47 LOUISIANA. New Orleans Balance of the State .... 36 2 4,388,000 26,000 8 „ 55 1 amt. 18,000 pay 50 MISSOURI. St. Louis ....._ Balance of the State ... 25 17 3,585,000 247,000 4 av. 50 EnODE ISLVND. Providence ...... Balance of the State .... 22 3 2,130,000 60,000 12 „ 40 MARYLAND. Baltimore ...... Balance of the State .... 39 37 2,472,000 708,500 17 „ 44 MICHIGAN. Detroit ...... Balance of the State .... 21. 71 1,199,000 722,000 13 „ 41 IOWA. Dubuque ...... Balance of the State. 21 79 463,000 1,059,000 4 „ 44 KENTUCKY. Louisville ...... Balance of the State .... 12 21 412,000 496,000 Carried forwa rd . 2,840 $178,020,500 * Includes Brooklyn and WUliameburg. TITR AMKIUCAN CRISIS AND ITS PROGRESS. 129 Ordinary failures. How many have arrauKed'witli Places. No. Liabilities. creditors, an.l iit what aver:if;t'. Brought forward . 2,810 $178,020,500 SOUTH CAROLINA. Cliarleston ...... 23 812,000 8 av. 42 Balance of the State .... 20 245,000 Territories ...... 4G 1,302,000 Indiana 111 1,411,000 15 ,,' 49 TIEGINIA. Riehmond . . ♦ . 22 694,000 3 „ 58 Balance of the State .... 70 749,000 WISCONSIN. Milwaiikie 14 312,000 3 „ 73 Balance of the State . . . • 92 1,150,000 North Carolina ..... 42 668,000 New Jersey ...... 72 836,000 Connecticut ...... 50 995,000 Maine ....... 71 832,000 New Hampshii'e ..... 60 775,000 Vermont 49 382,000 Georgia ...... 21 681,000 Delaware and District of Columbia 18 258,000 1 am'g to oyer Arkansas ...... 5 285,000 j 8100,000 will pay nearly all Alabama ...... 14 265,000 Mississippi ...... 10 435,000 2 av. 50 Tennessee 28 618,000 Florida 5 228,000 2 ,, 52 Texas 12 353,000 Total United States .... 3,703 $192,305,500 CANADA WEST. Toronto 17 $1,270,000 3 „ 58 Balance of Canada West . 73 1,631,000 8 „ 45 CANADA EAST. Montreal 12 445,000 4 „ 52 Balance of Canada East . 13 66,000 3 „ 35 Nova Scotia and New Brunswick . 21 1,363,000 3 „ 50 Total British Provinces . 136 3,839 $i,775,000 Total United States and British Provs. $197,080,500 130 TIIR AMF.RICAN CUISIS AND ITS PROGRESS. Places. NEW TORE. New York city * Albany Buffalo Oswego Rochestev Syracuse Troy . Utica . Balance of the State irASSAClIFSETTS. Boston . . . , Balance of the State PENNSYLVAXIA. Philadelpliia Pitsbiirg . . . , Balance of the State ILLINOIS. Cliicago . . . . Balance of the State OHIO. Cincmnati . . . . Cleveland . . . . Balance of the State LOUISIANA. New Orleans Balance of the State MISSOURI. St. Louis . . . . Balance of the State RHODE ISLAND. Providence Balance of the State MARYLAND. Baltimore . . . . Balance of the State MICHIGAN. Detroit . . . . Balance of the State IOWA. J)nbuqiie . . . . Balaiice of the State Carried forward Swindling and ab- sconding debtors. 37 1 6 1 3 1 1 25 2 IJ. 18 1 4 11 25 7 2 26 4 13 2 10 234 Liabilities. $988,000 5,000 74,000 5,000 85,000 20,000 12,000 220,000 109,000 62,000 481,000 15,000 42,0C0 203,000 210,000 99,000 5,000 380,000 213,000 70,000 205,000 51,000 18,000 30,000 16,500 23,000 124,000 26,000 81,000 Not classed dishonest, but will pay little or nothing. $3,872,500 No. Ill 10 9 3 3 7 9 27 20 60 3 14 12 17 5 2 16 11 397 Liabilities. §8,033,000 144,000 534,000 123,000 53,000 230,000 147,000 255,000 636,000 75,000 3,704,000 40,000 128,000 407,000 291,000 100,000 38,000 235,000 31.2,000 150,000 ^98,000 35,000 1,456,000 352,000 142,000 48,000 76,000 61,000 $18,333,000 * Includes Brooklyn and Williamsbun THE AMKRICAN CUISIS AND ITS PROGRESS. 131 Places. Swindling and ab- sconding d. btors. Not classed disl)onest, but will pny little or nothing. No. Liabilities. No. Liabilities. Brought forward . 234 $3,872,500 397 $18,333,000 KENTUCKY. Louisville Balance of the State 2 3 7,000 310,000 3 3 78,000 107,000 SOUTH CAROLINA. Charleston ...... Balance of the State 2 2 31,000 35,000 5 2 67,000 25,000 Territories ...... Indiana ...... 11 9 154,000 78,000 4 11 88,000 107,000 VIRGINIA. Eichmond Balance of the State 2 9 3,000 73,000 5 7 44,000 103,000 WISCONSIN. Milwaukie 1 10,000 3 7 50,000 61,000 North Caroluia ..... New Jersey ..... Connecticut ..... Maine ...... New Hampshire .... Vermont ...... Delaware and District of Columbia Arkansas Alabama Mississippi ...... Tennessee ...... Texas 5 4 5 2 4 '7 2 2 1 "7 1 2 57,000 39,000 35,000 58,000 20,000 45,000 3,000 24,000 14,000 82,000 10,000 25,000 13 6 6 8 4 3 3 1 1 5 1 1 428,000 122,000 99,000 170,000 23,000 15,000 180,000 16,000 10,000 13,000 12,000 15,000 Total United States 317 §4,985,500 499 $20,166,00'! CANADA WEST. Toronto ...... Balance of Canada West 2 16 153,000 76,000 2 9 17,000 113,000 CANADA EAST. Montreal ...... Balance of Canada East . Nova Scotia and New Brunswick 2 8,000 i 1 1,000 12,000 Total British Provinces 20 237,000 13 1-13,000 Total United States and British Provs. 337 S5,222,500 512 $20,309,000 132 THE AMERICAN CRISIS AND ITS PROGRESS. Places. NEW YORK. New York city* Albany Buffalo Oswsgo Rochester . Syracuse Troy . Utica . Balance of the State . MASSACHUSETTS. Boston . . . . Balance of the State PENNSYLVANIA. Philadelpliia Pittsburg . . . . Balance of the State . Chicago Balance of the State . OHIO. Cincinnati . Cleveland Balance of the State . LOUISIANA. New Orleans Balance of the State . MISSOURI. St. Louis Balance of the State . RHODE ISLAND. Providence . Balance of the State . MARYLAND. Baltimore . Balance of tlie State . Detroit Balance of the State . Likely to Pay in FuU. No. Carried forward 167 6 4 i 1 4 1 17 19 G 52 2 4 12 15 2 12 12 4 372 Liabilities. $42,157,000 209,000 821,000 20,000 30,000 675,000 50,000 719,000 8,010,000 763,000 11,774,000 210,000 108,000 1,391,000 172,000 1,312,000 180,000 1,342,000 1,234,000 100,000 954,000 45,000 352,000 150,000 110,000 No. of Coun- ties in each State. 60 14 64 101 88 48 111 $72,918,000 21 46 No. of Counties without Failures in 1857. 19 51 17 43 90 20 * Includes Brooklyn and Williamsburg. THE AMKllICAN CRISIS AND ITS I'ROGRESS, 133 Places. Brought forward , IOWA. Dubuque Balance of the State . KENTUCKY. Louisville . Balance of the State . SOUTH CAROLINA Charleston . Balance of the State . Territories . Indiana VIUGINIA. Richmond . Balance of the State . WISCONSIN. Milwaukie . Balance of the State . North Carohna . New Jersey .... Connecticut .... Maine ..... New Hampshire . Vermont .... Georgia .... Delaware and District of Columbia Arkansas .... Alabama .... Mississippi .... Tennessee .... Florida Texas Total United States . CANADA WEST. Toronto Balance of Canada West . CANADA EAST. Montreal ..... Balance of Canada East . Nova Scotia and New Brunswick . Total British Provinces . Total United States and British Prova Likely to Pay in Full. No. 372 418 4 11 17 435 Liabilities, 872,918,000 170,000 132,000 260,000 94,000 12,000 161,000 40,000 40,000 57,000 8,000 33,000 18,000 145,000 110,000 76,000 19,000 $!74,293,000 1,274,000 352,000 70,000 1,200,000 §2,896,000 No. of Coun- ties in each State. 100 100 29 92 140 47 82 20 8 13 10 14 105 54 52 60 79 30 91 §77,189,000 42 59 26 No. of Co\nitie8 without Failures in 1857. 73 78 16 37 94 15 51 5 89 48 44 51 62 23 79 10 55 22 134 THE AMERICAN CRISIS AND ITS PROGRESS. You who have survived the pauit- have a cheering prospect before you for doing business to advantage. Trade, as it springs up, ■will be more healthy. We shall rejoice in your prosperity, and hope you may soon retrieve any losses you have sustained through the misfortunes of others. We shall be thankful to have you speak well of and recommend the Agency to the favour of those of your friends who may chance to be doing business without the benefits it affords. The Bankers' Magazine for this month contains a short article showing the object and benefits of the Mercantile Agency, to which we would refer for all needed informa- tion. Since 1841 we have laboured to make it an indispensable aiixiliary to every man's business. We know it is instrumental of saving many millions yearly to our city, and that its branches are equally valuable to their several localities. Who can tell what the financial diificulties of 1857 would have aggregated, if it liad not been for the conservative infliience which the Agency has exerted in time past, and even during the whole period of the pressure ? The exigencies of those troublous times, 1837 and 1841, originated it ; and we hope it will ever be regarded as the strong bulwark and reliance of our merchants. Wishing you the com- pliments of the season, we remain, yours faithfully, B. Douglass & Co. THE AMEEICAN COMMEECIAL AGENCY. TAPPAN AND M'KILLOP, 5, Beckman Street, New York, Established 1842. Associate Offices. Boston. Baltimore. St. Louis. Philadelphia. Chicago. Detroit. Cincinnati. With upv>artls ol' 3000 corresponding Agents in the United Slates and Canada. Gentlemen, — Annexed, please find a statement, which has been com- piled with much care from the books of this Agency. I believe it to be as accurate as it can be made. In many cases Messrs. Tappan and M'Killop have been compelled to estimate the probable amount per cent, that will be paid, but they think the data on which they have founded their estimate sufiicient to justify the belief that it is very nearly correct. In the number of failures they have not included any extensions, no matter how long, where time only was asked. Some of these have proved failures since January 1st, the date to which this statement is made up. Neither have they included in the statement banks, railroads, etc. The figures show simply the number of commercial failures during the year 1837. Purchases made in (he summer and fall of 1857 are now maturing, and further loss may be antici])ated on them ; but the statomout includes the TUE A.MEIUCAN CRISIS AM) ITS rilOGllKSS. 135 losses on the fall purchases of 1850. The balance will, no doubt, be ajrainst the sah^s made in 1857, but will not greatly increase the aggregate loss. They state, however, tliat during January, 1858, 640 failures have been reported to them, while in January, 1857, only 310. By referring to the annexed statement it will be seen, that of 227,048 firms reported on in the books of the Agency, over 6,000 have failed during the year ; and that of these 741 have been total or fraudulent. 13y total, tliey moan where no dividend will be paid to general creditors, and confi- dential creditors will not be paid in full. The aggregate loss by these is nearly 20 millions of dollars. From the 6,022 reported, deduct 741, and it leaves 5,281 which will pay a di\adend on an indebtedness of over 280 millions — the dividend will not exceed 40 cents, and the loss will conse- quently exceed 150 millions, making a total loss for the year of about 170 millions of dollars. If to this is added losses by railroads, banks, etc., the aggregate will be very great. Without doubt there has been undue ex- pansion, too much has been invested in railroads, unproductive lands, etc., but it is not the business of this office to attempt the task of setting forth fully the causes of the great commercial distress which has prevailed. Yet no country is in a position to recover more rapidly from such distress than the United States. Eespecting the Commercial Agency, Tappan and M'Killop state that it has been in operation over fifteen years in America, and has now extended its sphere to Great Britain and the Continent of Europe, they ask special attention to the list of Associate Offices already named, by which it will be seen that they have facilities beyond those of any similar establishment. More than once they have been favoiu-ed by the press with voluntary testimonials in their favour. These came unsought on their part, and were not the product of their own pen, nor paid for by them ; they can, therefore, refer to them with satisfaction. They conduct the business in a way to serve commerce, without injuring the individual. They have steadily kept this in view. That great care is necessary to avoid suits, will be seen by reading the following copy of a report taken from their books, the names being of course suppressed : — " August, 1847. , styling himself general commission merchant and dealer in foreign wines, liquors, and cigars, in , is very anxious to purchase goods in New York. He will refer to and and . Some of these do not know him, and others are of the same stamp as himself. They represent him as honourable and respectably connected, and are very anxioiis that a good report of him should be given by the Agency. lie bought a store in , stock about $10,000, for which he gave his notes; then pledged the goods to a broker for an advance of S2000 ; raised SIOOO cash additional somehow, gave a mortgage on the goods, and agreed to mortgage his New York purchases for aid to make them on credit. He was at one time employed to solicit trade for , in . He introduced and recommended to them the most finished set of scamps that ever visited that or any other city. Let no man sell to him unless he brings the gold to pay for the goods, and, before delivery, send the gold to the assayers to be sure of its genuineness." 136 THE AMERICAN CRISIS AND ITS PROGRESS. From the foregoing date to 1853 sundry operations are recorded, and in 1853 his last is obtaining §5,000 from bauk by means of a fraudu- lent cheque. In October, 1861, he will be again free, but just at present he is not, having been, in October, 1854, sentenced to seven years' im- prisonment for tlie bank affair. Such reports are communicated only to principals and never in writing- Subscribers are requested to hand in a list of parties in whose position they are interested. By so doing their names will be put opposite these firms in the books of the Agency, and all changes which take place from time to time affecting their credit will be advised without inquiries. The accuracy of their reports has become well known, and the care which is exercised in making investigations has secured for them the con- fidence of the mercantile community in America. Being assured of their determination and ability to do justice to their constituents in this country, I invite a free use of the Agency, and a fuU investigation of their ability to serve your interests. Patkick Kobeetson. London Agency, 1, Sun Court, Comliill, E.G. March 1, 1858. Statement of Failures fob 1857. •^ T-. m 5 S Averasie proba- o . 3 0,5 ble payments. CC % S ->j e*.. «.- -w « V- **- o tS '^ O o la t- ■S o ^ =« c o^ a £■3 ^ 5 6 S ^ .-c g o'« 'S c ^ 6 o s ■^ li f^ Ph § $ c. New York city . 14,136 869 87 96,454,000 3,711,000 37 Nothing. Do. state 18,984 777 43 21,334,000 1,317,000 ! 41 Pliiladelphia . 7,203 317 74 35,162,000 3,113,000 28 10 cents. Pennsylvania ^ stale . . ) 15,202 316 27 5,213,090 1,217,000 34 5 „ Boston . . 5,420 304 31 52,231,000 827,000 46 Massachusetts ? state . . S 14,198 224 19 2,433,000 143,000 52 Baltimore j 2,130 72 18 4,119,000 415,000 29 Maryland state ! 3,502 39 6 689,000 18,000 25 Alabama . . i 2,504 22 3 362,000 38,000 48 Arkansas . . 1 1,190 18 6 423,000 •42,000 50 Connecticut . 1 5,123 86 14 1,415,000 172,000 48 Delaware and"^ Distriot of > Columbia . j 3,513 25 4 324,000 4,500 47 Florida . . 792 7 2 250,000 22,000 50 Georgia . . 5,518 56 15 1,013,000 342,000 33 Illinois . . 12,957 363 43 6,713,000 422,000 40 5 cents. Iowa . 4,654 262 23 1,610,000 213,000 41 Nothing. Indiana . . 7,614 191 12 1,476,000 1 10,000 36 6 cents. Kentucky 6,580 96 15 2,327,000 617,000 34 Louisiana .•^,813 74 17 7,213,000 809,050 ' 42 Maine . . . 7,196 92 9 1,712,000 232,000 ! 54 Michigan . . 4,420 168 30 3,113,000 423,000 28 Mississippi . 2,412 14 2 500 463,000 15,000 38 Carried forward 149,061 4,392 $246,049,090 $13,222,550 THE AMERICAN CRISIS AND ITS PROGRESS, 137 'O Sn m" "* 0) Average proba- § . 01 a Si C3_3 £ a ^ i ble payments. il 3"0 % "c;2 cS^ =31 "o "o a s" m ^ O !*- 0) *i S s o o d Amoun 11 ■ i 1 s s c. Brought forward 149,061 4,392 500 246,049,090 13,222,550 Missouri . . . 6,727 92 24 6,319,000 821,000 37 New Hampshire 3,256 64 7 897,000 37,000 54 New Jersey . . 4,398 108 12 1,228,000 178,000 51 North Carolina . 3,122 65 17 1,192,000 415,000 46 Ohio .... 18,392 467 48 5,475,000 653,000 35 5c. to lOf. Rhode Island . 2,213 41 7 4,737,000 1,403,000 47 South Carolina . 3,313 65 12 1,413,000 162,000 43 Tennessee . . 4,294 59 12 818,000 93,500 46 Texas .... 2,616 13 2 377,000 27,700 30 Vennont . . . 2,805 64 5 617,000 27,000 52 Virginia . . . 9,284 123 27 1,927,000 236,000 45 Wisconsin . . 4,628 209 13 1,454,000 15,650 50 7e. Territories . . 2,727 70 21 1,714,000 327,000 25 BritishProvinces 10,112 197 34 8,118,000 393,000 1 Totals . . . 227,048 6,022 741 |$282,335,000 $19,110,400 I invite all parties either directly or indirectly connected with Ameri- can trade to subscribe at once to this office, and, by handing in a list of the firms they are interested in (which will be entered in the books of the Agency), they will be kept advised of any changes which may take place affecting the credit of their correspondents, without injury on their part. The value of this must be apparent. I remain yours, faithfully, Patrick Eobeetson. London Agency, 1 Sun Com-t, Coiiiliill, E.G. 1 1th Ai)nU 1858. COMMEKCIAL FAILURES SINCE THE FIRST OF JANUARY— A BANKRUPT LAW WANTED. {From the Neio YorJc Herald.) We publish to-day a list of the failures which have occurred in the United States from the 1st of January, 1858, to the 26th of March, of the present year, and the total will be found somewhat alarming, though by no means unexpected, after the late fearfid financial panic. The number of failures for the first eighty -five days of the year was 1,495 ; and the total amount of liabilities is set down at .?30,G39,000. If we add to this 45 failures in the British Provinces, figuring up $1,094,000 more, we have 138 THE AMERICAN CRISIS AND ITS PROGRESS. tlie grand total for the United States and Canada of 1,510 failures, and S31,733.(X)0 of liabilities. The following is the list : — New York state . . . . New York city Massachusetts state Boston city Pennsylvania state . Philadelpliia city Maryland state . . . . Baltimore city Alabama Arkansas Connecticut Florida Georgia lUmois Iowa Indiana Kentucky Louisiana Maine Michigan Mississippi Missouri New Hampshire New Jersey North Carolina Oliio Rhode Island South Carohna Temiessee Texas Vermont Virginia Wisconsin All the Ten'itorios . . No. of Failures. 183 74 25 34 104. 27 10 23 25 3 29 2 19 195 93 81 41 39 9 74 6 31 13 23 33 174 25 11 32 5 19 41 68 19 Total in United States 1,495 Total in British Provinces 45 Total for U. States and British Provinces l,5tO Amount of Debts. §1,632,000 3,78t,000 239,000 1,731,000 1,325,000 845,000 164,000 1,535,000 284,000 70,000 400,000 30,000 336,000 3,743,000 504,000 638,000 916,000 2,884,000 171,000 1,490,000 276,000 2,100,000 140,000 230,000 594,000 1,321,000 913,000 211,000 461,000 63,000 189,000 577,000 422,000 368,000 $30,639,000 1,094,000 631,733,000 Last year there were over G,000 failures, with debts to the amount in all of nearly 300,000,000. While the number of failures for the lirst quarter of this year is in proportion with last, it will be seen that the amount is disproportionately small, showing that it is small concerns which are breaking down now. One singularity about thiy statement is, that it shov\ s that the Central, THE AMElllCAX CRISIS AND ITS PROGRESS, 139 the Western, and the sugar-j^rowing States are in a woful condition, while the cotton-growing States of the South, and all the New England States, are sound. All the failures which we record to-day should legitimately have occurred last year. They have only been protracted by the parties ob- taining extension That grace is exhausted now, and they fall by sheer inanity. This was inevitable ; for these houses based their engagements on the prices at which goods and produce rated before the revulsion, and, consequently, they are unable to meet them now that the rates have fallen from 85 to 50 per cent. In 1837 the result was the same ; but then the smashing continued for almost tliree years, and in all probability we shall see the same thing now. In the first few weeks of 1837, over 500 merchants in New York alone broke down. Others held on for a time, propping themselves by extensions ; but, until 1840, they continued to drop, when the number of failures in the Union amounted to nearly 40,000, and the Bankrupt Law which went into operation in 1812 wiped out S450,000,000 of debts, and released over 38,000 bankrupts. In a panic, large houses are the first to go ; then follow the banks, and little concerns follow them. The great drag down the small. The banks recovered themselves quicker in this revulsion than in 1837, because they held more specie, and their bills were issued on a surer basis ; but we see that the failures of commercial houses are still going on. There is but one remedy for this, and that is a good bankrupt law, applicable to individuals, banks, railroads, and all corporations. If the houses that are breaking now could have settled with their creditors long ago, by the operation of a bankrupt law, and started afresh, basing their busi- ness on the new state of afiairs which panics always leave behind them, many of them would be now in a safer and more thriving condition ; but by the present system commercial disasters are protracted, but not avoided. "We are indebted to the commercial agency of Tappan, M'Killop, and Co., No. 5, Beekman Street, for the list which we publish this morn- ing. "We gave, at the beginning of the year, the list of failures for 1857, furnished by the commercial agencies of B. Douglass and Co., and Tappan, M'Killop, and Co. ; but, for some reason or other, we have been able to obtain the list for the first quarter of this year from the latter house alone. Owing, most probably, to the superior manner in which the books of Tappan, M'Killop, and Co. are kept, they were able to furnish us with the list in a few days. The others, we suppose, keep their books on a different system, like some of the Wall Street Banks, perhaps, who only know how they stand at the end of the year, and many of them not even then. Every well-conducted establishment, whether bank, commercial house, or newspaper, is able to tell exactly how it stands, at least after a few days' notice. In the Herald ofGce, we know precisely how we are every week, but there are newspaper concerns in Wall Street, which, like the banks, are in happy ignorance of their condition until the end of the year, and even then they often find themselves in a fog. It is clear, from this statement of the failures still going on, that the 140 THE AMERICAN CRISIS AND ITS PROGRESS, effects of the panic continue to be felt tlirou^liout the country ; but if we had a bankrupt law things would have been reduced to a level long ago. THE NEW PHASE OF THINGS, 1859. WHAT THE COMMEECIAL WORLD IS DOING. — NEW YORK BANKS. IMPORTS AND PRICES. {From the New York Herald, Augtcst, 1859.) As the season approaches for the heavy fall payments, the price for money steadily advances. Paper which was in demand at 4r| to 5| per cent, in April, is now slow at from 8 to 9 percent. This advance, great as it is, docs not, however, give a full idea of the extent of the change that has taken place in the views of capitalists. Amongst all capitalists there is a strong and growing indisposition to do anything except very prime, short paper. There is an absence of demand for long dates and second- class paper, which betokens in the minds of our capitalists a renewal of that want of confidence which arose from the recollections of 1857. Various causes conspire to produce and increase this want of confidence in the future prices of money during the fall months. The advance in the price of money to 8 or 9 per cent., were it from a healthy, general increase in trade, would be cause for congratulation, and not regret ; but there are doubts as to this being the case. The domestic trade of the country is still moderate and prudent, and, as far as we can learn, free from expansion or unnatural activity. The foreign trade, however, is not so. With money cheap in Europe and New York, with an exceedingly profitable year's business in 1858 and the first three months of 1859, the importers were tempted to try and make a double season ; hence the enormous arrivals of foreign goods in April, May, and June. These sold to a loss. In January and February, the jobbers, finding goods brisk and pro- fitable in the importers' hands, grudged the importers their profits. The jobbers, with their notes drawn to their own order at eight months in demand, and easily cashed at 6 to 7 per cent., determined to save the imx^orters' profit for the fall trade. The commission houses in Man- chester, Paris, etc., were energetic in showing the jobbers what profits the importers were making in January and February. They ofiered the jobbers six and eight months' credit, and at the end of that pei-iod to take a four months' draft of the Anglo-American banking firms if necessary. The consequences were natiu'al. The jobbers ordered from Europe a liberal import for the fall ; the importers did the same. Thus the double import of the spring was produced by the greediness for speedy gains by tho importers, stimulated thereto by the greediness of the banks for paper. The losses on the late spring imports were not ascertained suf- ficiently early to enable importers to curtail. Every one, also, until the jjeace, was making great calculations on the demand for goods from the West. The importers, no doubt, made a liberal import for the fall, THE AMERICAN CRISIS AND ITS PROGRESS. 141 basing their estimates on a large Western demand. But the double import for the full arises from the jobbers doing the same thing. Every jobber, and many retailers, have been drummed by the commission houses in Manchester, Paris, etc., and have given liberal orders, tempted thereto by the six and eight months' credit offered to them, and the extra profit they hoped to make. The importers thus find themselves forestalled with their best customers by the European commission houses. They are in a very unpleasant and embarrassing position. The backwardness of their sales is owing to this cause. The jobbing trade, as a body, have enough goods from their own importation to fill their early sales. This makes the jobbers comparatively independent of the importers until about September. If the imports should, however, prove not to be more than the legitimate wants of the country, the importers have only to hold their sLocks firmly until the jobbers dispose of their own impor- tations. The importers will then have a good season, and as the bulk of importers date all goods bought previous to September 1 as eight months, and to Al Southern and Western houses nine months from September 1, their notes will mature at nearly the same dates as if their sales had been early. The danger to prices arises from weak or nervous importers crowding goods at private sale, or rushing them into the auction-room, to raise money to remit to Europe. It is the fear of specie shipments that is operating on the minds of capitalists ; the uncertainty about what per centage of the amoimt of deposits held by the New York banks belongs to European banking firms, importers, auctioneers, and other parties, who may at any moment draw down their deposits in specie, and remit it to Europe. There is also great uncertainty felt as to what probable amount the New York banks will discount of notes belonging to importers, jobbers who Jiave imported, and auctioneers, all of whom, of course, want the discounts for remittances to Europe. The aggregate excess of the spring import was $67,000,000. The pay- ments for importers, who take about four months' credit from date of purchase or shipment, with the sixty day bills of exchange as remittance, give America about five months credit, so that January imports bought or shipped in December, would be remitted for in produce bills or specie in May, and so on for the succeeding months. We are, therefore, now in process of paying for April imports bought or shipped in March. This real state of our payments to Europe will tend to allay the uneasiness and want of confidence felt by capitalists from the large imports we are now receiving. AVe give below a table of the imports at New York, with the month they would probably be remitted, if bought by the regular importers on four months' credit. As the increase on the spring import was chiefly by the regular importers, the remittances would be made in about five months, and mature much as follows : — Imports of Foreign Goods at New York. January, 1859 $19,377,000, remitted for shipment May. February 18,756,000, „ „ Jiuie. March 20,739,000, „ „ July. April 22,1.53,000, „ „ August. 143 THE AMERICAN CRISIS AND ITS PROGRESS. May, 1859 23,130,000, remitted for shipment September. June 23,581,000, „ „ October. July 27,111,000, „ „ November. For the regular importers' part, and for the jobbers' part, about January to March, 1860. Consignments sent to this country are generally advanced upon to 75 per cent, of the amount of invoice in a four months' bill from date of ship- ment. Others are sent out, and are realized on at auction, and remitted for ten days after sales. It is quite a fallacy to suppose that consigners do not require prompt remittances. As a rule, they are very needy, and often consign to raise cash. The sacrifice made here is not so likely to be found out as in their own market, and their credit does not suffer. The importations of the jobbers are those which give America the largest credit. Although this is gratifying to the banks and capitalists, "who look only to an immediate shipment of gold, yet it is questionable whether America is not more injured by the enhanced prices jobbers are charged by the commission houses to cover the heavy expenses and risks attending long credits, than it would be by gold shipments. It certainly conceals over-trading for a longer period. Had the jobbers' part of the spring import been as large as that of the fall, we should not have had so heavy a drain of gold. Their part of the payments would have been deferred two to four months later. The spring import being chiefly by importers, our remittances are more prompt than they will be for the goods arriving in July and forwards. This demand for gold unfortunately happens at a time when we have no produce to ship. It necessitates gold shipments, or relief by the Anglo-American banking firms lending their sixty days' and four months' kites to the importers. These biUs can be readily discounted in London. British capital can thus be made to step in and bear the load of our heavy imports. Money is so easy and abundant in London that what would embarrass New York, will be a positive benefit to Loudon. To force this, the New York banks must refuse to discount importers', auctioneers', and all paper that can be drawn in gold and shipped to Europe. With twenty millions specie in their vaults they wdl have all they can do to supj)ly the interior with specie to move the crops. They cannot prevent some gold going to Europe. Last year, with less than half the imports, we shipped to Euroi:)e all the specie we received from California from July to December. Were capitalists to be assured that the New York banks would pursue this course as to importers, auctioneers, etc., it would remove their dread of a specie drain to Europe. The effect of a specie drain is to cause the banks to contract suddenly. The disastrous result of a sudden or great contraction by tlie New York banks is to reduce the prices of everything that must be sold during that contraction. Those who can afford to hold tiU the banks expand again and trade is restored to its former activity are not affected. Take, for example, the prices of the following bank stocks, etc. ■ — THE AMERICAN CRISIS AND ITS PROGRESS. 143 PiucE OF Bank Stocks, Bank of Commerce 83 National Bank 7'i Mechanics' Bank 90 American Exchange Bank 75 Hanover Bank 50 MelropoUtan Bank 75 Bank of New York 80 Phoenix Bank 60 Union Bank 85 Bank of America 80 Mei'chants' Bank 75 Bank of State of New York 50 ETC., October, 1857. Commonwealth Bank 65 North River Bank 50 Market Bank 65 Continental Bank 65 Shoe and Leather Bank 70 Importers and Traders' Bank 70 State Stocks. Missomn 6's 66 Tennessee 6's 72 Virginia 6' s 83 New York State Loan 85 All these, previous to the bank contraction, were at prices from 105 to 125. It is clear from the above statement that if any bolder of these stocts had foreseen that the drain of specie to pay for the large spring import of 1857 was going to compel the New York banks to curtail their loans as they did, he could have doubled his money by selling out before the bank contraction, and buying again precisely the same thing he had sold after the bank contraction. Those who held and continued to hold till the banks expanded again were neither much better nor much worse. All proj)erty, dry goods, real estate, state stocks, that holders were compelled to sell during the contraction of the banks, was realized on at a like enormous sacrifice, thereby greatly enriching those who were fortunate or far-seeing enough to get and hold all the cash they could, ready for the reduction in prices consequent on such a contraction of bank loans. The New York banks commenced their contraction in 1857 as follows : — August 22, 1857, their loans were $120,000,000 August 29 116,000,000 September 5 112,000,000 „ 12 109,000,000 „ 19 108,000,000 September 26 ?107,000,000 October 3 105,000,000 „ 10 101,000,000 „ 17 97,000,000 „ 21 75,000,000 There are many shrewd capitalists waiting for a similar contraction and fall in prices. If the banks adopt a rigid refusal of all paper from importers, auctioneers, etc., the drain of sj)ecie to Europe will be pre- vented. It will postpone payment for our spring imports until we can send cotton and other produce instead of gold ; it will prevent the fall in prices that these capitalists are keeping their money for; it will prevent the price of money rising to an exorbitant rate ; it will confine the loss or embarrassment arising from the successive importations to a few im- porters in the city of New York, and compel their European friends to help them. The banks will be free to give our domestic and internal trade and produce all the accommodation they want, liberally. The internal trade demands little specie, and it soon comes back again. Tlie banks will be 144 THE AMERICAN CRISIS A\D ITS PROGRESS. able to get all the domestic paper to discount tliey ouglit to discount. The position of the banks will be safe, because a foreign drain for specie to pay for excessive imports is our only trouble. Why should over-trading on the part of a few importers and foreigners be permitted by the New York banks to tax the whole trade of the country, when Secretary the Hon. James Guthrie, of the Treasury, published the following carefully prepared estimates of our internal trade in 1856 : — Capital in manufactures S8i3,000,000 Products in manufactories 1,688,000,000 Exports 281,000,000 If an excess of foreign imports of $67,000,000 on the half-year enforces such action on the New York banks as will raise the price of money to 15 per cent, instead of 7 per cent., it is clear the 8 per cent, additional is a tax caused by the over-imports, to be levied on about $2,000,000,000 of domestic trade for such lime or portion as may want discounts or loans. If the foreign trade is thrown on Europe this vast amount of $2,000,000,000 domestic trade will remain undisturbed, with no immoderate price to pay for money. The responsibility of all this rests with the New York banks. Their action guides the rest of the Union, They occupy now much the same position the Old United States Bank did — they are the regulator of the banks of the Union. The principles which they call sound, legitimate, healthy banking, are all very good when we have not importers, auctioneers, etc., ready to ship in gold whatever the banks discount for them. To meet a demand for specie, the more specie they have the stronger they are. If they were to discount during August and September §15,000,000 for importers, auctioneers, etc., how much would be left of their $20,000,000, even though they were relatively stronger, as the banks reckon strength ? This is the true w^ay to look at their position. The present rule the banks use to test their strength will not bear the test of practice ; it neither keeps their specie in their vaults nor their loans from unhealthy fluctuations. We subjoin a statement of the bank mode of estimating their relative strength. We give the same dates, chosen by one of themselves, signed " Banker," and published in the Herald's money article, August 3. The figures are official — published by the Clearing House, and signed George D. Lyman. Copy appeared in the Herald's money article, August 10 : — Loans. Specie. Net Deposits. Circulation. August 1,1857 $120,597,651 ...$12,918,014 ...$68,682,088 ...$8,965,422 August 7, 1858 120,892,857 ... 35,151,844 ... 90,339,678 ... 7,784,415 July 30, 1859 119,347,412 ... 20,76 1.,'164 ... 74,474,895 ... 8,214,259 Liabilities. 1857. 1858. 1S59. Net Deposits $68,682,688 ... $90,339,678 ... $74,474,895 Circulation 8,965,422 ... 7,784,415 ... 8,214,959 Total $77,647,510 ... $98,124,093 ... $82,689,854 THE AMERICAN CRISIS AND ITS PROGRESS. 145 Assets. Loans, Specie, and Stocks 133,515,065 ... 150,017,701 ... 140,111,976 Surplus strength 855,867,555 ... §57,923,608 ... $57,422,122 Banker's wrong surplus strength caused by taking gro.ss de- posits for 1857 and 1858 in- stead of net $38,520,126 ... $19,253,986 ... $65,423,081 "Banker" fell into the above errors — inadvertently, no doubt — by quoting the gross deposits, instead of net deposits, for 1857 and 1858; and by comparing the gross deposits of those years with the net deposits which he had in his statement of 1859, made out that the banks were, July 30, 1859, 816,170,000 stronger than they were same date last year, and $26,900,000 than they were at same date in 1857. The actual position of the banks at these three dates, as the preceding statement shows, did not differ at all. This statement of " Banker's " has been extensively iised by the partisan press of the importers and banks to cavil at an article that appeared in the Herald, headed " Banks, Banking-houses, and Importers." To show how fallacious the whole thing is to throw any light at all upon the strength of the banks to meet a specie drain to Europe, we give similar comparisons for October 10, 1857 — three days before the banks stopped payment, and for October 17 — four days after they stopped payment. The gross deposits not being published then, we deduct $16,000,000 and $17,000,000 from the gross, which is probably an under estimate. We wish to give the banks the advantage. With these exceptions the other figures are official : — New York City Ba?jks. Loans. Specie. Net Deposits. Circulation. October 10, 1857... $101,917,569 ... $11,476,294 ... $46,000,000 ... $7,523,599 October 17,1857... 97,245,826 ... 7,843,234 ... 36,000,000 ... 8,087,441 Liabilitie."!. October 10, 18-57. October 17, 1857. Net deposits $46,000,000 $36,000,000 Circidation 7,523,599 8,087,441 Total $53,523,599 $44,087,441 Assets. Loans, specie, and stocks $113,393,863 $105,089,060 Surplus strength $59,870,264 $61,001,619 We also give the following dates, as they have been cited to prove the banks stronger July 23 than January 1859. It will be seen their so- called relative strength is much the same . — Loans. Specie. Net Deposits. Circulation. January 22, 1859.. . 8129,540,050 .. . $29,472,056 .. . $95,066,400 ., ,. 87,457,245 July 23,1859.. . 119,931,160 ., ,. 21,196,912 ., ,. 75,301,943 ., ,. 8,170,626 L 146 THE AMERICAN CRISIS AND ITS PROGRESS. Liabilities. Jan. 22, 1859. July 23, 1859. Net deposits 505,066,100 $75,301,943 Circidation 7,457,215 8,170,626 Total $102,523,645 §83,472,569 Assets. Loans, specie, and stocks $159,012,106 8141,131,072 Surplus strength $56,488,461 857,658,503 We have briefly glanced at some of the causes that produce our tightening money-market and want of confidence amongst capitalists. We have tested the accuracy and soundness of the rule by which our New York bank managers regulate their loans and judge of the strength of their position. That there is something radically wrong in the prac- tical working of that banking rule that guides their action, is obvious to any one that chooses to examine the few illustrations we have given ; or, what will be still better, and not unprofitable, let business men take the bank statements and work out more illustrations for themselves, taking care to make the distinction between gross and net deposits. Our illustrations of the banking principle they profess to evolve prove the banks had the most strength just before and after they failed, October 10 and 17, 1857. To express that strength in millions, according to the bank managers' method, the banks were from two to six millions stronger, October 10 and 17, 1857, than they were August 1, 1857, August 7, 1858, and July 30, 1859. This is not the strength required to meet our present trouble — exces- sive exports of gold to Europe, caused by excessive imports. We see that when the banks were, by their rule, strongest, they had to stop pay- ing specie, October 13, 1857. We are very much afraid that a large specie deposit is what is i'e((uired to meet a large foreign export of specie. We give the following statistics for business men to study. We include 1857, not that we think the country has ever yet been in a con- dition to consume and pay for, conveniently, an import as large as 1857. We, of course, know that nobody wants to see in 1859 either import, bank expansion, or anything else that took place in 1857 : — First week in August. 1857, 1858. 1859. Foreign imports for the year to date August 8 $151,028,551 ... §82,536,928 ... $158,614,860 Dry goods imports for the year to date August 8 60,716,293 ... 33,750,174 ... 75,623,412 Bank loans 122,077,252 ... 120,892,857 ... 118,938,059 Specie m bank 11,737,307 ... 35,145,844 ... 20,083,877 Specie in sub-treasury ... ... 5,553,400 ... 5,330,508 Exports of specie for the year to date August 8 28,216,619 ... 15,775,719 ... 44,396,190 Exports produce (exclusive of specie) from New York from January 1 to August 3 41,780,965 ... 37,982,292 ... 38,861,220 THE AMERICAN CRISIS AND ITS PROGRESS. 147 First week in Aupust. 1857. 1858. 1859. Imports of specie from Cali- foniiii for the year to date August 8 $23,106,411 ... §20,884,302 ... ?21,116,44-8 Gold received from California from August to December 31 15,815,613 ... 14,139,685 ... Specie exported from August toDeccmber31 14,881,098 ... 10,933,299 ... The excess of foreign imports reduced fifty millions in silks, laces, and other gewgaws, would injure only foreign manufacturers. Importers lose from a fall in prices from a glutted market. These importations pamper the female vice of love for dress. American women would be better physically and morally by wearing less of them. American men would be better temporally and spiritually by having to pay for less of them. Many an unhappy home is caused by the extravagance of wives and daughters. Much vice and misery are the consequences. The evil of extravagant foreign imports, like all evil, ends not with itself. Evil breeds evil. The subject is not merely a financial one — it is spreading a social cancer, making our women lazy and extravagant, our men, worn out with hard work, to pay for that extravagance. Our men, finding their homes, no homes for them, but hotels for their wives and daughters to make a display of their charms, and their dress, and their furniture, and their curtains, to groups of flattering friends, seek solace and comfort else- where. The financial view is, however, that which business men are considering. Till it is shown what means the New York banks will adopt to keep their specie safe from Euroj)ean banking firms, importers, auctioneers, etc., the public mind will remain in its present anxious state. In any event, prudent men, who are solvent and mean to pay their debts, Mill buy as little as they can and shorten credits. They will not contract debts for merchandise which a glut in importations and contraction by the banks may cause to fall in price on their hands. SECTION THE SIXTH. The Stock Exchange Panic of 1859 — Heavy Appearance of Prices from the Com- mencement of the Year — Inauguration of the Italian Difficulty — Progress of Embarrassment and Outbreak of the War — Early Symptoms of the Deprecia- tion of Prices in Marcli — Increased Depression at the Beginning of April, and Final Collapse during the Remainder of that Month and May — Serious Revul- sion in Values through the Alleged Russo-French Alliance — General Piostration of Credit — Disastrous Failures and Comparative Tables Exhibiting the Actual Decline in Securities — Measures of Amelioration Adopted by the Committee of the Stock Exchange — Slow Return of Confidence and Eventual Recovery. It could scarcely have been supposed, if subsequent events had not rendered the truth apparent, that the Stock Exchange could have been so deeply involved as it was by the events of the early part of the present year. If the assertion had been made, on the announcement of the probability of war in Italy, that the credit of the house would have been so severely shaken, few would have been prepared to believe it ; and when the state of business is taken into consideration, it must be confessed that the influence exercised by the progress of affairs was more startling than could have been reasonably imagined. Now that the crisis which aflFected that establishment has passed, and the weight of responsibility experienced in connection with the engngemcnts incurred has been adjusted, persons can look back with calmness and view the circumstances Avhich then produced that collapse, and exercise a sound and impartial judgment. Various as have been the opinions entertained on the question, and serious as have proved the allegations respect- ing the motives which prompted influential individuals in exag- gerating the importance of the rumoured alliance between France and Russia, it must be admitted that the basis of opera- tions was too widely extended in particular markets, and that the disposition to hold for a recovery caused much of the THE STOCK KXCIIANGK PANIC OF 1859. 149 disaster then experienced in the several departments. So com- pletely was this state of things manifested and established, by the rapid fluctuations which occnrred in some descriptions of securities, that for months after the sudden drop which affected all classes of securities, symptoms of recovery were long want- ing. Nevertheless the reaction at the fatal moment, when the important change took place, so completely paralyzed the mem- bers, that the fright, probably more than the advices them- selves, created that crash which, when it once commenced, pro- duced such terrific havoc on the credit of the dealers and operators, that at one moment the bankruptcy of the house, it was thought, must inevitably follow. This painful position of affairs may be well gathered from the circumstance that twenty and thirty failures occurred in a day, and that the link of connec- tion between the respective markets was so closely associated that the suspension or embarrassment of one member frequently jeopardized the position of seven or eight. The occurrence, therefore, of difficulties of this character not only affected the position of the individual himself, but also those to whom he had to pay balances ; and even in many instances where operators had profits on their several accounts, they had to pay large amounts to maintain their own status, or to support the credit of their principals, who were not immediately in a situation to provide payment for the differences which their numerous accounts exhibited. Through these consequences the fearful amount of embarrassment increased, and as the extent of liability was enormous, it was only by measures of forbearance and partial indulgence that order was re-estab- lished, and that the value of the various classes of negotiable property once more eventually returned to anything approach- ing its original level. The Easter holidays of 1859 will long be remembered by those connected Avith financial affairs as the date of the dark crisis in the position of the prices of public securities, and the inaugura- tion of the conflict between France, Sardinia, and Austria, which temporarily so disastrously affected the peace of Europe. Al- though, since the 1st of Janiiary, quotations, not only of Consols but of all descriptions of securities, had been drooping through the effect of the shock of the warning given to M. Hubner, it was not fully apparent until it was announced that the Austrians had determined to cross the Ticiuo. This, as in the similar case 150 THE STOCK EXCHANGE PANIC OF 1859. of the passage of the Prutli by the Russians, seemed to leave no hope of a settlement of the question, and prepared most people for the results that were subsequently witnessed. Good Friday was as usual observed as a holiday at the Stock Exchange ] but after hours on Thursday, April 21, and when it was deter- mined that the house should be closed on Saturday, a sudden fall took place in prices, which spread terror and dismay throughout all circles. Intelligence, it turned out, had been received that Austria had forwarded to Sardinia an ultimatum calling upon her to disarm, and had refused the last proposition made by England to accept mediation. The Indian loan had just been completed at the minimum price of 95, and the greater part of the seven millions was taken, which was con- sidered a favourable circumstance, looking at the doubtful prospects which attended the Italian question. Notwithstand- ing the Stock Exchange was closed on the Saturday by order of the committee, as settled on the Thursday, arrangements were made for admitting the members, and prices were aflected by the few non-official transactions, the whole of which never- theless evinced the disposition of the speculators to sell for the fall. From that date forward to the subsequent progressive stages in the contest, from the announcement of the French loan of twenty millions to the departure of the Emperor Napoleon for the seat of war, panic reigned throughout the markets for the various public securities. On some occasions the decline was as much as 1^ per cent, in Consols; Turkish went down 10 to 12 per cent, in a day; Sardinian 3 to 9 per cent.; and English, French, and Italian 2 to 3 per cent. So great and indiscri- minate a reaction was scarcely ever before known, and the fluctuations on the foreign bourses were equally extensive, a circumstance indicating that confidence throughout Europe was completely prostrated. About the 27th of April, when the preparations for the foreign and share settlements Avere in course of progress, early evidence of the unfavourable situation of the jobbers and brokers speedily became apparent. The first intimation of an alleged treaty between Ilussia and France, oflPensive and defensive, was then made public, which tended to increase the excitement prevalent ; but although it was contra- dicted on the most confident authority, the influence was so paralyzing, that seven failui'cs immediately took place. It was THE STOCK EXCHANGE PANIC OF 1859. 151 now felt that tlic blow had been so severe that no recovery could be immediately looked for, and as it was not possible to obtain advances upon the different classes of securities on any terms, a further fall speedily followed. Again, Consols, Turkish, and the other securities were extensively oflcred, and the des- pondency was almost universal ; every telegram received with prices from Paris occasioning a variation which was immedi- ately responded to by a change in values in proportion to the rise or fall exhibited on the other side of the Channel. Indeed, it was quite evident that the quotations from the French Bourse ruled the general course of prices. At this date it was confidently assumed that the Bank of England would be compelled to advance the rate of discount, and on the 28th of April they at once put the terms up to 3^ per cent. The adjustment of the half-monthly foreign stock and share accounts exhibited the most painful results of the sudden depre- ciation, and whereas seven failures had previously occurred, these were now increased to between twenty-five and thirty. Imme- diately the first movement upwards in the rate of discount occurred, the anxiety was most intense, and notwithstanding little faith was placed in the reported alliance between France and Russia, as engaged in with a view to jeopardize England, the fall in prices continued. On the 28th of April Consols touched the low rate of 88:j, and the continuance of failures, in addition to the unsatisfactory news from the Continent, pro- duced such weakness that there was no corresponding rally. The extent of the mischief was apparent when it transpired that additional suspensions had taken place, and although several represented liabilities for large amounts, their default was principally occasioned through the position of other mem- bers. Business was now prolonged to very late hours in the evening ; the anxious appearance of the brokers and jobbers betrayed the deep-seated alarm which pervaded the markets, and every day brought new and unexpected failures. In conse- quence of the almost universal embarrassment some of the first houses were talked of, and it was asserted that had they not secured assistance they would have been compelled to succumb. The fact subsequently transpired that this was actually the case in two notable instances ; Messrs. Rothschild having supported one firm through its difficulties, and Messrs. Overend, Guruey, and Co. the otlier. 152 THE STOCK EXCHANGE PATHC OF 1859. There now came a slia;lit turning point in the value of the various classes of securities, and as it was supposed that the exaggerated notions formed with respect to the alleged treaty ■were premature, the recovery continued to make progress. The public, finding securities at depreciated prices, came in as pur- chasers, and from 881 Consols returned to 91 in the course of two days, notwithstanding the total number of failures mean- ■whilc had risen to fifty-two. The foreign stock and share settle- ments were completed in the midst of much excitement, and then the issue of the Consol account was awaited with serious apprehension. It was well known that many parties must be compromised, not through individual liability, but through their inability to realize their securities, and hence every disposition was shown to grant an extension of time for the adjustment of balances. After the great fluctuation had terminated, and the difficulty of the situation was viewed with less apprehension, it was discovered that many of the members who had considered it advisable to suspend, might, by the exercise of a little discre- tion, have been enabled to '^pull through. ^^ Still, the fall was found to be very embarrassing, and as is usually the case in panic periods, the endeavoui's made by those alarmed for their security to provide means to meet engagements led to the accumulation of large balances in the hands of the bankers, and created a very pressing inquiry for notes. The progress of the general elections, and the unfavourable views advanced with respect to the intentions of Louis Napoleon, continued to create anxiety, but the pressure Avas limited by the disposition evinced on the part of the committee of the Stock Exchange to alleviate the difficulties of the members in regulating the payment of dividends and supporting the credit of the establishment. Meanwhile the new French loan of twenty millions, and the Avithdrawal of the announcement of the Eussian loan of twelve millions, caused a tendency to stimidate fear, and the further adverse movement on the 5th of INIay by the Bank directors, in carrying tlie rate to 4^ per cent., indicated the policy that was likely to be adopted if affairs continued to exhibit a discouraging appearance. The influence of this advance, however, was not so great as that which distinguished the previous rise ; and after a fortnight or three weeks of the most " troublous times " known at the Stock Exchange since the unparalleled fluctuations of 1825, the markets began to assume a better THE STOl K EXCHANGE PANIC OF 1859. 153 and more steady appearance. On the termination of the Consol account it was asserted that the entire number of defalcations, including those which took place at the first moment of the panic, reached altogether upwards of eighty or ninety, and it would not be above the mark, if, taking into consideration the arrangements made, one hundred were placed as the number of parties who had been broken by the general depreciation in prices. Several individuals, who were men of large fortune, and who were able to consider themselves comparatively millionaires, lost almost the whole of their previous accumulations, and others, who should have received on the balance of their accounts moneys to the extent of thousands, had, instead, to pay into the house a considerable amount to keep themselves clear and fulfil engagements. It was not before the end of June that the markets finally recovered from their prostration, or that anything approaching real business activity ensued. Everything, nevertheless, was done by the executive of the Stock Exchange to readjust balances, settle partial compromises, and readmit those who were able to pay the recognized six-and-eightpence in the pound. Numbers, however, were finally ruined, and persons who had lived in the most affluent circumstances were suddenly beggared, being compelled to break up their establishments, and retire either into the country to eke out a miserable existence, or leave for the Continent, through assistance received from friends, to fare eventually as best they could. The honourable conduct of the majority of the members deserves the highest commendation ; few instances were mentioned of irregular deal- ing, and though some individuals were found to have engage- ments open, in a variety of securities, not in due proportion with their capital or connections, no barefaced attempts at fraud or misappropriation were discovered. It was also greatly to the credit of the more fortunate brokers and jobbers, notwithstand- ing all more or less suffered from the collapse, that they aided, as far as possible, their more needy brethren ; and many cases could be cited in which substantial relief was afforded, even at the risk of individual involvement, during the worst phases of the panic. Among the numerous members of the house, of course an almost illimitable chain of connection exists, and hence it is apparent that assistance, under such circumstances, was often rendered when it was scarcely known whether the 15 i THE STOCK EXCHANGE PANIC OF 1859. party who proffered the aid -^oukl in the end^ if fluctuation con- tinued, be enabled to fulfil his own contracts.* But with all this disposition to serve one another^ the great difficulty experienced was the possession of the neces- sary money. Securities of every kind, from the first symp- toms of panic, so rapidly depreciated that the banks and the other financial institutions almost refused to make advances, and they themselves in turn being sellers of stock, particularly Turkish, Sardinian, and Mexican, upon which loans to a con- siderable extent had already been made, the depression became more intense and accelerated the general fall. In fact, it is evident from what has since occurred, that there must have been an enormous speculation, at the advent of the crisis, " open for the rise.^' Every one had hoped that peace would be preserved, and that as the fine weather appeared, affairs would change, and produce profit and prosperity. The advance of Austria against Sardinia was the precursor of alarm, and this, followed by the equivocal announcement of the relations between Russia and France, terminated in that crash which soon became so painfully apparent. The markets, naturally weak from inactivity and exhaustion — first through disappointed expectations, and, secondly, through the want of confidence in the French Emperor — became deranged, and from the general involvement it was impossible, without sacrifices of the character stated, to effect an extrication which could restore or rearrange the current of business at the Stock Exchange. The extent of the sudden revulsion in Consols and Railway Securities, at the early period of the panic, may in some degree be estimated by the subjoined table of fluctuations in those securities during April. Although the retrogression to the middle of the mouth was only partial, the markets had pre- viously presented symptoms of heaviness, with an occasional slight recovery ; but the most intense depreciation was occa- sioned by the events which occurred subsequently to Easter * It was a common thing at tliis period to meet brokers and ask them respecting their position. The general reply was, "Well, I hope to pull through; but I fear it will be a difficult affair." Another, "I am safe, but regularly skinned; everything I hold is down some ten, twenty, or thirty per cent., and many of my kind friends will not be able to pay their differences." Another, " Very dreadful, every- thing gone but my credit." Another, "I have fortunately obtained assistance, and shall escape the haunuer this time." THE STOCK EXCIIAN'OE PANIC OF 1859. i: ^Monday, and the general disturbance in quotations which immediately ensued. The variation in Consols was about 7^ per cent., the fall in reality being 6? per cent. ; and the Three per Cent. Rentes at Paris drooped to nearly the same extent, the collapse caused by the convulsion being universal. Shares, after being very depreciated, slightly recovered ; but the average fall was still 5 to 10 per cent, on English, 3 to 6 per cent, on French, and 1 to 3 per cent, on Indian Shares. Fltjctuatioxs in tue Stoce and Share Markets during the Month of April, 1859. Consols Exchequer Bills RAILWAYS. Brighton Caledonian Eastern Counties . Great Jv^ortheru Great Western London and Noi'th- Western.. Midland Lancashire and Yorkshire North Staftbrdshire South-Eastern South- Western York, Newcastle, and Berwick York and North Midland Northern of France East Indian \ per cent., or, in fact, a rise of \ per cent, higher than was generally expected, the full gravity of the situation became appreciated. Besides, it was affirmed that the Government, preparing for the worst, notwith- standing it is questioned whether the express conditions of the treaties with Russia are precisely what have been indicated, have issued orders for raising men for the navy on a £10 bounty, so as to meet whatever emer- gency may arise. Every description of report was circulated, some being of a favourable, and others of an unfavourable, character, but the depression exhibited was not surmounted, though occasionally a partial rally in prices occurred. The altei'nations, nevertheless, were very violent throughout the hours of regular business, and as yesterday, up to six o'clock, a market was held in Throgmorton Street, in which bargains could be completed. The Bank directors were not long occupied in their deliberation upon advancing the rate of discount to 3|^ per cent., and it waa formally announced M 162 THE STOCK EXCHANGE PANIC OF 1859. early in the day that this would be for the present the price for the nego- tiation of bills having 95 days to run. The rate before was 2^ per cent, which has been in existence since the 9th of December last. This sudden rise of 1 per cent., it seems, is considered to be fully justified by the course of events, and it has been stated that there is a prospect of a further aug- mentation. The continuous declension in the stock of bullion, and the apprehension that the drain may be accelerated by the position of relations on the Continent, will account for the promptitude of the measure, though in many quarters it was anticipated that the alteration would at lirst have been limited to ^ per cent. The rate was last advanced to 3^ per cent, on the 2nd of June, 1853, when the stock of bullion stood at £18,253,934 and the reserve of notes at £8,366.970. According to the last return the position of the bullion was £18,051,375, and the reserve of notes £9,880,240, while the statement to be issued to-morrow will, doubtless, present some additional important variations. At the commencement of business to-day, the scene witnessed at the Stock Exchange was one of the most painful ever remembered. Those whose memories carry them back to the days of the celebrated Spanish panic, scarcely think that the exhibition then was more distressing. The first list announced was five names, followed by a second of eight, and then four others were declared, making a total, including partners, of nineteen. These, with the suspensions previously intimated, constitute an entire number of between twenty-seven and twenty-nine, comprising the one or two declared early in the week. It was remarked that whereas on the occasion of the great revulsion already referred to the scarcity of money and the sense of alarm extended principally to one market or department, in this instance it was apparent throughout the house, the oj)erators in every species of security being affected. At one moment the condition of things seemed destined to paralyze transactions altogether, and such was the apprehension exhibited, that the further announcement of failures was awaited with the most intense anxiety. Although, with one or two exceptions, the names to-day were of second and third class character, still the great number showed the severity of the blow, and the fatal influence exercised by the immense change in the position of our political relations. In the course of the afternoon there was a greater exhibition of confidence, but the slightest rumour served to create agitation, and to lead to every kind of conjcctiire with respect to the consequences which it is alleged will follow the llusso-French alliance. So incessant was the variation in the prices of Consols to-day, that it was with great difficulty the course of change could be traced. The first price was 89, or about 2 per cent, below the last quotation of last night ; there was then a fresh decline to 88f, the foreign intelligence being con- sidered unsatisfactor}^ The rise in the Bank rate was subsequently made public, but it produced no further effect. A sudden rally ensued to 89|, and 90 was reached on the statement that the Russian alliance was unfounded. Presently, however, weakness was again perceptible, and the price once more receded to 888. Just before the termination of business, another movement upwards was visible, and the latest official price was 89 to -I. A considerable amount of operations ultimately took place at THE STOCK EXCHANGE PANIC OF 1859. 163 quotations varying from 89^ to f to about 90, but once again a sudden collapse ensued to 89, which was the nearest final quotation. The warlike intelligence from Tuscany was not viewed with satisfaction, and the position of Austria seems to become more dangerous every hour. It is mentioned, with reference to some of the suspensions tliat have taken place, that the accounts opened by the parties were on a scale of considerable magnitude. Although it is true that the depreciation in prices has been very severe, nothing could warrant such extensive con- tracts as are alleged to have been shown by the books of one firm that was compelled to announce their inability to meet their payments. Of course it is imderstood that many of the individuals m ho have been placed in embarrassment liave suffered solely through the d(^f'ault of principals, and there is no question that if they were ] aid the differences due to them they could have met the whole of their liabilities with punctuality ; but with such a state of depression, and a fall in quotations, as in the cases of Turkish and other securities, ranging from 10 to 30 percent., the difiiculty of averting the catastrophe must be generally admitted. The demand for money after the Bank had given notice of the increase of the rate of discount, was not so great ; but still the inquiry was con- siderable, and the public availed themselves of the opportunity afforded of securing the assistance they required. Out of doors it was said that the rate for 60 days' paper was 3| per cent., and 95 days', 3f to 4 per cent.; but for six months' bills very much higher rates were charged. Indeed, in some quarters the discount establishments refused to take in six months' paper, unless on special terms with those who desired to negotiate it. After all, notwithstanding the demand was well supported, there was not what could be properly designated a pressure, and the supply was ample for all purposes ; but through the increase of the distrust it was impossible to induce capitalists to make advances beyond rather limited periods. An extreme range of 7 to 11 per cent, occui'red in Turkish Securities, and the average decline was about 8 per cent. This wide margin was occasioned by the refusal of the dealers to continue transactions, and sales were consequently pressed in every direction. Friday, April 29. The effect of the panic at the Stock Exchange is still painfully apparent, and an additional list of twenty-three suspensions has been recorded. Two of the firms comprised in the new failures represent liabilities for large amounts, but they have been brought down through the default of other members. Such is the general confusion that it is scarcely possible to tell who is yet solvent, and although the accounts in foreign securities and railway shares terminated this afternoon, other stoppages are anticipated to-morrow. In consequence of the almost universal embarrassment expe- rienced, two or three very large houses were temporarily compromised, and had it not been for assistance rendered by their bankers, they would have been compelled to intimate their inability to meet their engagements. Not the least question could be entertained in these special cases of the value of the securities they possessed, but the obstacle was the immediate IGJj THE STOCK EXCHANGE PANIC OF 1859. supply of funds to meet tlie sudden demands occasioned by the emergency. To tlie close of business this evening it appears that about fifty-two "declarations" have, iu all, occurred, the majority, however, being dealers and jobbers, whose debts severally have not been important, although, in the aggregate, they will prove enormous. As showing how seriously the influence of a suspension of this kind works, it was stated that one broker, who struggled through with only a moderate amount of stock open, would, if he had been compelled to default, have brought down four other mem- bers. In this manner has the whole of the present panic extended its sway, so that solvent and insolvent have alike suffered from the paralysis which has seized quotations. It yet remains to be seen what will be the process of recover}^ particularly as there is still much uncertainty respect- ing the future course of business. At one period this morning there was a prospect of quotations taking a more favourable position, and Consols, as well as foreign securities and railway shares, presented a better appearance, but increased gloom was again visible through the entanglement of the accovmts and the difBculty manifested in adjusting differences. A considerable supply of bank- notes was required to meet payments, the state of credit haA'ing been greatly impaired by the events of the last two days. The fluctuations in prices were extensive, and though Consols opened at 90, or 1 per cent, above the six o'clock quotation of last night, and eventually touched 91, the complexion of the foreign intelligence, with the serious disasters among the operators, produced a reaction till the price returned to 89 to -}, exhibiting a very j^artial rally. There was a limited attendance late this evening, and the jobbers only made a fractional variation in the value, A special committee was called to-day, when it was agreed to recommend the immediate arrangement of the Consol account, and preparations were at once commenced, and before the end of the afternoon most of the dealers had adjusted their respective transactions. Under ordinarj' cir- cumstances, this course of proceeding would not have been entered upon before Monday. It is a noticeable feature that the banking interest and the public are making investments in stock at the current depreciated quotations. Ex- chequer Bills were rather firmer this afternoon, but the late decline is attributed to the displacement of capital from these securities, and its outlay in Consols, Reduced, and New Three per Cents. At tliis stage, it w^ill he perceived, tlie course of the panic was nearly cxliaustetlj autl afiairs Mere on the turn. Monday, May 2. The Stock Markets have at length assumed a much more tranquil appearance, and although the rally in prices has not been important, there was, for the first time since the outbreak of the panic, a cessation of failures. It is nevertheless feared that, before the Consol account is com- pleted, other of the members will have to succumb ; the severe fall iu quotations, together with the fatal cflects of the late movement, having THE STOCK EXCHANGE PANIC OF 1859. 165 compromised tlio position of many parlies whose difFerences have yet to be adjusted. The public were buy ei'S of seeui'ities to-day, especially those of a leading description ; but the advance at first attained was not sub- sequently fully supported, rumours being circulated in connection with the situation of foreign mercantile houses, whose affairs will be disarranged through the commencement of hostilities. The state to which Austrian finance has been reduced by the occurrences of the last few weeks, must entail serious responsibility upon that Government, and a war prosecuted with an exhausted and deeply embarrassed treasury will tell with double efiect upon its trade and external relations. It is not probable that much reliable information will be received from the seat of operations, if com- munication is to be interrupted by the destruction of the telegraphic wires, though there will be no paucity of reports pi-omulgated with the view of affecting quotations or exaggerating the importance of events as they may take place. Consols were first dealt in this morning at 89| to f for money and the account, and improved to 90|, the scarcity of stock causing a rather higher quotation for money ; but a reaction on sales followed, and the price then drooped to 89f . The accounts from the Paris Bourse were not favourable, the value of the Rentes showing a decline of nearly a quarter per cent., and the advance in the corn market indicated that apprehensions were entertained of the probable consequences of the col- lision with Sardinia. Before the final termination of the afternoon there was again a partial recovery, and the last quotation was 90 to f for money and the account, exhibiting a rise of about a half per cent. It is noticed that although not much animation is imparted to prices by the business transacted, the character of dealings gives them a reality which they have not for some short time possessed. The tendency in the rates of discount is still of an unfavourable cha- racter, and the demand for accommodation has been extensive to-day, through the caution exercised by the banking interest and the bill-brokers. The pressure upon the discount department of the Bank was, therefore, proportionate, and, if the present state of things continues, it is believed that an additional advance in the minimum will take place. Although the requirements for railway calls are far from large, still some inquiry will arise to meet the necessary payments on the India Four per Cent. Deben- tures falling due on the 6th, and it yet remains to be seen whether the Council will make any ameliorative arrangements, so as to relieve the holders from the full weight of the amount then to be discharged. It is suggested that a different adjustment for the periods of the instalments would probably meet the emergency, which, if strictly enforced, through the altered condition of affairs, may put many individuals in the position of defaulters. If a forfeiture were carried out, it would place the operation on a very unsatisfactory footing, and, consequently, the only way to cope with the difficulty would be to make the payments as light as possible by spreading them over an extended period. The depressed prices at which the scrip stands, Avill, it is presumed, induce the authorities to make some such variation in the understood terms of the tenders. No delay should be suffered in giving notice of any alteration, if one is really contemplated, because the parties interested are very anxious on the point. 166 THE STOCK EXCHANGE PANIC OF 1859. Part of the inquiiy for money arises from the preparations to meet the paper of the 4th of the month, which, it appears, -will represent a con- siderable amount. It is stated that the bill-brokers are charging extreme rates, the quotation for two montlis' paper being 3J i^er cent. ; three months', 4 per cent. ; four months', 4i per cent. ; and five months', 5| per cent. The arrangements for liquidating several of the estates of the brokers and jobbers who have failed during the recent disruption of credit at the Stock Exchange are making active pi'Ogress, and it has already been noti- fied that seven dividends will be immediately distributed, varying from 20s. to 5s. in the pound, which, considering the enormous depreciation in quotations, is not regarded as altogether unsatisfactory. At present there will be a great difficulty in realizing assets, except those of first-rate cha- racter, owing to the absence of animation in business and the indisposition to make anything approaching regular prices for any of the neglected securities. Should a recovery occur better prospects will be apparent for the creditors, one estate now so much depending upon the other for the increase or the diminution of their respective dividends. Notwithstanding the impression that the principal of these firms will be wound up in a short period, several months must elapse before the whole can be brought under efi'ective administration. Tuesday, May 3. The markets for Public Secui-ities arc gradually assuming a more settled condition, although the extent of business is considerably curtailed. This arises from the indisposition of tlie public or the general class of operators to enter into enlarged engagements after the serious results pro- duced by the late decline, and the apprehension that the full extent of the mischief created by the panic has not been altogether realized. Prices, except in special instances, must still be alTected by sales of securities, which will be necessary to complete the arrangement of difTercnces, and hence an immediate recovery is not to be anticipated. Capitalists, how- ever, are purchasing Consols, and the steady absorption, with the eflect of the explanations of the Chancellor of the Exchequer, occasioned an advance this morning of about three-quarters per cent., but a reaction took place before the final close of business. Slock throughout the day was extremely scarce for immediate delivery, and hence the quotation for money was slightly in advance of that for the account. More readiness was also observable to conclude bargains in other descrijjtions, though the impression that the war must entail a disturbance of no ordinary character arrests tlie rebound which under different circumstances might speedily follow. Conflicting reports Mere again spread with respect to the intentions of France and Sardinia ; and, curiously enough, at the latest hour, it was said there was the prospect of a peace arrangement. The assertion, however, was not credited, and the further slight decline on the Paris Bourse increased the dulness subsequently apparent. Consols were first dealt in at 90 to \, advanced to 91, and then fluctuated between 90|- and 90f ; the last price for money being 90^, and for the account 90^ to \. THE STOCK EXCHANGE PANIC OF 1859. l67 The investments by the Government broker of £10,000 per diem, on behalf of the savings' banks, have not yet been suspended. The principal demand for money has fallen upon the Bank, through the inability of the brokers to obtain their ordinary supplies from the joint-stock and private banks, and consequently there has been much activity in the discount department of that establishment. The joint-stock baniis are now limiting their transactions to the negotiation of the paper of their customers, and the result is, that the amount of capital in the open discount market has become comparatively restricted. Expectations are entertained that the directors will further advance their minimum terms to four per cent., and through this impression many parties are already providing for future necessities. The payments of to-morro'a^ (the 4th) have been in a great measure already arranged ; but there are still other engagements, especially the instalment of the Indian Four per Cent. Debentures, which will absorb an increased amount of money. Although the minimum terms of the Bank of England are Z\ per cent., the quo- tations charged out of doors range in advance of that point, and the operations would be m.ore extended than thej^ are if accommodation could in all instances be secured. The preparations for the Consol account are still in progress, and every means is being adopted to lighten the pressure which may be expe- rienced when differences come to be adjusted. By mutual concessions it is felt that the brokers and jobbers can assist one another, and hence there is a disposition to encourage even the acceptance of payments to the extent of 10,y. in the pound, allowing parties wlio may find themselves in difficulties a short period for punctually completing their engagements in preference to resorting to the painful alternative of " declarations," which have previously exerted such a baneful influence. Through this arrangement it is hoped that the position of some of the dealers who are known to be in difficulty may be ameliorated, and confidence will there- fore be less severely tested than it was during the arrangement of the foreign stock and railway share account. It has also been agreed, in accordance with the terms of the following resolution, that assets shall be collected as quickly as possible, and dividends declared pro rata, with the object of allowing those interested in the several estates to obtain what- ever may be coming to them without unnecessary delay : — " The committee recommend that dividends due on defaulting estates be paid as early as possible, and put into the joint names of two of the creditors, who will thus be enabled to distribute on the same day to each creditor on each estate rateably as may be advisable." It is mentioned in connection with the recent disturbing influence of the panic at the Stock Exchange, that tlie devastation of credit would have been much moi-e extensive but for the timely assistance afl'orded by some of the leadmg discount establishments, and it is affirmed that Messrs. Overeud and Co. were among those most forward to render the necessary- aid in cases where it could be shown that the securities were of an appre- ciable character, and that operations had been carried out on a sound and legitimate basis. The banks also gave considerable facilities, but it was necessary in some instances to curtail loans, with the view of bringing , 168 THE STOCK EXCHANGE PANIC OF 1859. the trausactions which had been extended beyond due limits into manage- able compass. The intensity of the effect created by the exaggerated intelligence of the Eusso-French alliance will long be remembered in City circles, the position of the dealers who. in many instances sacrificed by their principals, could not provide the whole of the balances required at the latest moment, being of the most embarrassing description. Wednesday, May 4. Business at the Stock Exchange was not transacted on an extensive scale. The arrangement of outstanding engagements, and the provision for the payments on the Consol settlement, occupied the chief attention, the events of the last week creating caution. The effect of the publication of the official contradiction of the existence of a treaty, offensive and de- fensive, between France and Eussia, by the St. Petershurgh Journal, was counteracted bj'- the advance in the rate of discount on the Continent, the Banks of France, Frankfort, and Bremen, having each increased their terms, the former to 4 per cent., and the latter to 4^ and 5. It was also believed that an advance to at least 4 per cent, will be made by our own Bank directors to-morrow, and, consef{uentl}^ the prices at which Consols stood in the early part of the morning were not maintained. Investments on behalf of the public were constantly effected, and these sustained values for a period, the variation in the market having been between 90i to \ for money, and 90 to \ for the account. A failure of a mercantile firm in the Australian trade was then announced, and this, with a rumour that a loan operation to a considerable extent is contemplated by the Government, caused a succession of sales, and the quotation receded to 89| to I for the account, showing a decline of about thi'ee-eighths per cent. After ordinary hours the dealers concluded a few transactions at 89f , but the quotation was viewed as irregular. The great pressure for money still continues on the Bank of England, the discount brokers not employing their funds to anj^ great extent, since their resources are in a measiire curtailed by the restriction of facilities in obtaining loans from the joint-stock banks. The applications consequently were exceedingly numerous, and the mei'cantile public found it necessary to resort to this department for the negotiation of paper, the average terms out of doors being in almost every case above the minimum of 3j percent. Six months' bills cannot now be discounted except at very advanced terms, and it is said that 5^- to 6|- per cent, is the range for that class of paper. Thursday, May 5. The Bank directors, at their weekly court to-day, raised the rate of discount from 3i per cent., at which it was placed last Thursday, to 4^ per cent., showing a further advance of 1 per cent., the augmentation being in the same ratio as that made this day week. The movement was fully anticipated, and the effect, it is thought, will be salutary ; but there seems to be an impression that the alarm is obtaining an exaggerated tendency, the fall in prices, and the sacrifice of securities, increasing tho THE STOCK EXCHANGE PANIC OF 1859. 109 general lioavinoss pervading business. The efflux of bullion from the Banli, and the rapid absorption of remittances as they arrive in this country, prove the serious posture of affairs, though it is difficult to trace the cause of the continuous and extended depreciation. No doubt the " Gazette " return, to be published to-morrow, will exhibit changes of an extensive character, and trade will suffer contraction through the condi- tion of continental politics. The first effect of the intimation was an unfavourable reaction in all classes of securities, from which there was scarcely any rccoveiy, English stocks alone indicating firmness in the later hours of the afternoon. Foreign bonds and railway shares were extremely heavy, the late difficidties attending the adjustment of the accounts, and the inability of dealers to support qiiotations, rendering the markets again unsettled. Another circumstance that tended to create apprehension was tbe suspension of Messrs. Arnstein and Eskeles, the important banking firm of Vienna, not from the event itself, looking at the position of finance in Austria, but through the disastrous influence it may exercise in other directions. The public are still purchasers of Con- sols, Keduced and New, though scarcely on the scale of yesterday, but sufficient to support the quotations, and to give them a firm appearance, particularly for money. For the June account the price is not quite so well maintained, the speculative business being altogether inconsiderable. Consols last night, which closed after hours 89|, recovered at the com- mencement of business to 90 for money and 89| for June. Prices then exhibited dulness, and on the advance in the Bank rate returned to 89|-. Fresh purchases followed for investment, and the progress of the settle- ment being more satisfactory than was anticipated, the tone of quotations was better, and manifested strength. The foreign political intelligence was not of vital interest ; but the prices from Paris also indicated a more favourable appearance, though the latest failed to arrive during ordinary hours. The final quotation of Consols, for money and the account, was 90 to ^, and at an advanced period of the evening the variation was merely fractional. In expectation of the advance in the rate of discount, the attendance of those who requii-cd accommodation this morning was very numerous, but, although many applications were made, it was announced that no business would be transacted until after the rising of the court. The directors met as customary, and broke up after a short deliberation, when the alteration was notified in due form. A good business was then com- pleted, and the pressure continued throughout the ordinary hours. In the open market operations have been comparatively limited, the weight of transactions being in that particular quarter, and it is remarked that the absence of assistance to the brokers and others is producing an interruption to the general progress of the trade of the coimtry ; since the refusal to discount for them is preventing the negotiation of four months' and longer dated paper, which otherwise would be dealt with if the dis- count houses could secure partial facilities when they require them. The quotation for three months' paper has varied from 4| to 5 per cent., but in some cases for very prime descriptions a fraction under the Bank ratq has been accepted. 170 THE PROGRESS OF THE YEAR 1857. The several joint-stock bauks have intimated to their customers that their allowance for deposits will in future be 1 per cent, below the rate of discount established by the Bauk of England. As usual, Messrs. Overend, Gurney, and Co., and the other private discount houses, have advised their friends that their terms for the present will be Si- per cent, for money at call, 3J per cent, for three days' notice, and 4 per cent, for seven days' notice. The National Discount Company and the London Discount Company have not at present made any alteration ; but it is fully expected they will follow the same course. In that case the trans- actions will date from to-day. Some anxiety is still manifested to ascertain the final result of the adjustment of the Consol account at the Stock Exchange. All descrip- tions of compromises are being eflected among dealers, owing to the fatal effects of the late fluctuations, and arrangements have been made by which payments are undertaken from 186-. to 5s. in the pound, with the view of ultimately providing the remainder. By this means additional failures are for the moment prevented, and it is thought that the assist- ance so extended will generally lighten the difficulties experienced. Even some of the principal of the jobbers have been necessitated to ask indul- gence under existing circumstances, and the consequence is that the body of the members have more or less suffered from the influence of the late panic. SUPPLEMENTAL MATTER. THE PROGRESS OF THE YEAR 1857. In tracing the progress of events in the course of this remarkable year, it may be stated that it opened with rather discouraging appearances. The money market had for some short period been tight, and there was little amelioration in the position of general financial affairs in January. The relief afforded by the payment of the dividends and the arrival of Austra- lian gold was wholly temporary, and a revived demand was again apparent, which, it was feared, would eventually lead to an increase in the rate of discount by the Bank directors. The existing minimum of 6 per cent, was considered to be comparatively high, and, as they had augmented the terms for advances on stock to 6| per cent., if the pressure had continued, they would have been obliged to adopt additional restrictions with refe- rence to the negotiation of mercantile paper. For some time it was expected that such a movement would be announced, but the gold with- drawn to supply the requirements of the Irish banks during the late partial panic, having returned, it assisted to support the metallic reserve. As, however, the drain for export to the Continent had setin with i-enewed severity, and the remittances from Australia and America were not, at this period, extensive, an apprehension was entertained that not only might the stock of bullion be further trenched upon, but that the supplies themselves from these sources would be purchased and sent to Paris. THE PROGRESS OF THE YEAR 1857. 171 Under sueli circumstances, the directors could not follow out any other policy, but it was hoped that the stringency would not be maintained at a level which would either distress commerce or interfere with the prosperity which it was supposed would be initiated by peace. The range of fluctuation in English stocks did not exceed 1 per cent., but it was principally on the side of a decline. The symptoms of weakness which followed the announcement of a rupture witli China, and the Persian war, gradually increased, while the renewed demand for money induced many of the speculators for the rise to close their accounts. Indeed this was a prudent course to adopt, the Bank directors having again raised their terms for advances on stock to 6^ per cent. In connection with this movement it was remarked, " the Bank of England have notified that they will decline making advances on Government securities at a lower rate than 6^ per cent. During the recent shutting of the transfer-books the rate for advances of this description was the same as that for discounts — namely, 6 per cent. There is now, however, no reason for affording the accommodation. Very large amounts are in course of repayment, and, instead of these being again lent out to enable persons to hold Consols on speculation, they should, in the present state of the discount business, be hekl available for commercial purposes. In case of the general market soon becoming easier, a return to the previous rate will probably be adopted, but in former times it was not the custom of the Bank, under any circumstances, to make loans on stock ; and although this rule may have been needlessly stringent, it is unquestionably the duty of the Bank never to relax it except when they can do so without prejudice to the mercantile public." At the latest moment Consols exhibited depression, and Exchequer bills were likewise heavy. Eoreign securities had not exhibited any great variation, but the market was rather weaker, owing to the general absence of business. All Northern Stocks were lower, and there was apparently not the least disposition to extend transactions. The following were the failures in the month of Janxtart. Mr. G. B. Rocca, Mediterranciin trade, London. Messrs. Begby, Wiseman, and Co., mercliants, Glasgow. Messrs. Eicc, Hairis, and Co., glass trade, Bh-mingliam, The opening of the Parliamentary campaign, and the favourable change in the weather, produced a satisfactory influence upon financial affairs in February. The budget, although it encountered opposition, was carried by a large majority, and the measures of retrenchment adopted, with the reduction of the income tax, increased the confidence of the public. Notwithstanding some parties inclined to the belief that greater economy might have been exercised, the changes were accepted as an earnest of what the future might produce. While the benefit of diminished taxation was thus experienced, there was confident anticipation that the settlement of the Persian question would be shortly announced, and under these cir- cumstances one great cause of anxiety was allayed. The dispute with China did not create much alarm, and although it might partially restrict trade, the result, it was thought, would eventually prove advantageous to 172 THE PKOGRESS OF THE YEAR 1857. the whole of our European mercantile relations. The Bank directors harinjT announced their intention of making advances on stocks, and also on bills not having more than six montlis to run, until the payment of the April dividends, at the rate of 6 per cent., increased animation was ■witnessed in the market for public securities. But, although this was the case, there was no immediate probability of a reduction in the terms of discount, the demand, generally, being well maintained. Arrivals of gold from Australia had lately taken place, to the extent of upwards of £1,000,000, in addition to supplies from America, but the entire sum was absorbed by purchases on behalf of the Bank of France, and those engaged in securing silver from the Continent for remittance to the East and China. Fortunately the stock of bullion in the Bank did not undergo diminution, for, notwithstanding some withdrawals took place, the return of coin from Ireland, Scotland, and the provinces, was sufficient to replace the amount so as nearly to balance the total. The failures in the Greek trade, althougli rather numerous, had not occasi(fned alarm, and the private letters from Paris described a strong revival of speculative feeling. The transactions on the Bourse were extremely large and numerous, and there seemed a general disposition to believe in the approach of an- other period of inflation. Money was obtainable without much difficult}' at 5^ to 5f per cent. A reduction in the rate of discount in the bank of Frankfort from 5 to 4 per cent, had just been reported, and a downward movement was also expected at Amsterdam. The French Government were alleged to be on the point of making some new railway concessions. All the continental exchanges continued with a favourable appearance. In each of the principal cities, also, the rate of discount was below the minimum in London. At Hamburg, Frankfort, and Brussels, it was 4 per cent.; at Amsterdam it was 5 per cent.; and at Paris 5f jjer cent. The operations in the English funds were not on a scale of magnitude. Subsequently, however, they increased, and prices were comparativelj^ buoyant. The range of fluctuation was about 2 percent., but an advance of It per cent, continued supported. The prospect of a settlement of the Persian question, the easier state of money, and the success of the minis- try with the budget, were circumstances which influenced business, and caused the more favourable feeling appai'ent. A rise of from 1 to 2 per cent, occurred in the principal foreign securities. The amount of specu- lation was not great, but the improvement, whicli had been gradual, was fairly sustained. Turkish, Russian, and Dutch attracted the greatest attention, although some of the other descriptions were more freely dealt in. The railway share market at length exhibited symptoms of renewed vitality, prices advanced, and business generally improved. Greater con- fidence was manifested by the public as well as the dealers, and the result was a much more favourable state of business. The demand for accom- modation to carry out operations, although large, was not pressing, and the rates consequently were rather lower. The following were the failures during Febbuaey. Messrs. Jennings and Hargreaves, stuff merchants, Bradford. Mr, G. Siche), German trade, London. THE PROGRESS OF THE YEAR 1857. 173 Messrs. C. Frungliiadi and Sons, Greek trade, London. Messrs. Vuros Brothers, Greek trade, London. Messrs. Sinanides and Co., Greek trade, London. Mr. J. Basilio, Greek trade, Manchester. The course of financial and mcreaulilo affairs during March, was not distinguished by much variety. The pressure in the money market did not diminish, but altliough the rates at the Bank of England and in Lom- bard Street were supported at their former elevation, the public sustained little inconvenience. Several gold vessels arrived from Australia, and remittances were received from America, but nearly the whole, if not the whole, were purchased to supply the demand on the Continent, and to provide the large amount of silver forwarded to India and CJiina. But while this was the case, and the withdrawals from the Bank slightly aug- mented, the stock of bullion was kept in a favourable position by the return of coin from Ireland and Scotland, and the influx of specie from Turkey, the Levant, etc., and consequently the weekly returns did not occasion alarm. The adjustment of the accounts at the Stock Exchange were now regarded with some anxiety, as they temporarily influenced the value of money, and led, during the progress of their arrangement, to an increased call in all quarters. There was little expectation of a return to ease, since the heavy advances made by the Bank would have to be repaid when the April dividends were distributed, and no great surplus could be retained from the further remittances immediately anticipated from Aus- tralia. Indeed, it seemed to be believed, by those conversant with the probable future of the money market, that any relaxation could not be looked for previously to the turn of the half year, and that a great deal would then depend upon the progress of the crops and the general state of trade. It was stated that it would be requisite to bear in mind that even a favourable alteration, at this advanced period, would also be sub- ject to the disposition evinced to encourage speculative business, and that if attempts were made to launch numerous joint-stock schemes, they would at once retard and perhaps permanently delay the movement. The bankers and discount establishments were well supplied with capital, but some of the latter incurred losses through the recent failures. This was expected from the competition to secure business, especially since the organization of discount companies and the introduction of several new joint-stock banks. The rates for money on the Continent presented little alteration, with the exception of Hamburg, in which city they gradually advanced to 5^ per cent., owing to the contimious operations in silver. The range of prices in Consols was about one per cent., but the actual decline did not exceed three-eighths. The operations were wholly influ- enced by the events connected with the dissolution of Parliament, which occurred on the 21st of the month ; and although at length there was a trifling recovery, sales on the average preponderated. Foreign securities were dealt in to some extent, but Turkish and Mexican took the lead. A rise in both these descriptions occurred, though the former alone main- tained the improvement. Mexican, after advancing about 2i per cent., receded nearly l-j ; the treaty with America, through which pecuniary 174 THE PROGRESS OP THE YEAR 1857. assistance was proposed, having been rejected. In railway shares there ■was fluctuation to the extent of about £4 or £5 per share. After a general improvement, a reaction ensued, and medium quotations were those even- tually current. Annexed were the failures during March. Messrs. Swayne and Bovill, merchants and patentees of machinery, London. Messrs. Clieape and Leslie, East India trade, Loudon. Mr. 0. Foa, seed merchant, London. Mr. E. Train, merchant, Liverpool. Messrs. F. W. Stein and Co., silk trade, London. Messrs. Barnes, Copland, and Co., provision merchants, London. Messrs. R. James Brown and Co., timber mercliants and shipbuilders, Sunderland. In April, financial and mercantile affairs did not present an encouraging appearance. The increased pressure for money, followed by the restric- tive measures of the Bank of England, was attended by an unfavourable influence, and checked activity in all departments. Considering, ho\i ever, the lengthened prevalence of the stringency, and the small prospects of an immediate change, trade was considered to be in a remarkably healthy state. With money at 6| per cent., and a steady efflux of the precious metals, the position of credit could scarcelj^ be expected to have been so well maintained, and il was consequently, for the moment, considered a cause for general congratulation. The ai'rivals of gold from Australia were enormous, reaching upwards of £1,250,000, but only about £350,000 was purchased by the Bank. Contracts were again open for France, and since a demand existed not only to supply the necessities of the Bank of France and of the Credit Mobilier, but also to ])ay for silver in course of shipment to the East, the greater portion of immediate remittances would be absorbed. It was curious to watch the anxiety manifested to ascertain the destination of any quantity of gold received, and its delivery at the Bank, while the fact of its retention or despatch appeared to be recorded with the greatest minuteness. Money, which was rather easier towards the middle of the month, again became in active request, and the foreign stock and share settlements, which were in progress, with the pay- ments of the 4th of the month, assisted to diminish the amount available in the open market. The rates of accommodation abroad were still high. At Hamburg the rate of discount was maintained at 7 per cent. ; in Paris the demand was active at 6 per cent. ; in Amsterdam the rate remained at 4 per cent., while in Belgiimi it was 31. The prices of English stocks expe- rienced some fluctuation. One and a-half per cent, was the range in Con- sols, a decline having taken place from 93| to 92^. There was subse- quently a reaction of about one-half per cent., but quotations continued unsettled, and a fresh decline seemed not improbable. The pressure for money, and the uncertainty of future prospects, appeared to stimulate speculative sales. Exchequer bills were seriously depressed, having touched lOs. discount, but they afterwards recovered to par. Foreign securities also exhibited a relapse. Turkish and Mexican were principally affected, the Tiu-kish Six per Cents, particularly showing au adverse move. THE PROGRESS OF TUE YEAR 1857. 175 meut. The alleged failure of the project of the National Bank caused some disappointment, and holders who were interested realized. Mexican was weak, and Spanish showed heaviness, the dealers in any description being unprepared to support prices, llailvvay shares were heavy, and the best classes receded £3 to £4 per share. Quotations opened, at the com- mencement of the month, with firmness, and there was subsequently a general rise, traffic returns being satisfactory, and the public appearing as buyers. The alteration in the rate of discount by the Bank directors, however, soon caused a change, and with the increased tightness of money, quotations gradually gave way. The following were the failures during Apkil. Mr. A. Marks, .shipbuilder, Sunderland. General Wood-cutting Company, limber trade, London. Mr. William Fitclier, shipbuilder, Nortlifleet. The financial and mercantile events of May did not present features of interesst. Favourable weather and receipts of specie from Australia and America assisted to keep things in a steady position, but the demand for money was yet sufficient to prevent any reduction in the rates of discount. The Bank having discontinued advances on stock, the speculators could not command the usual facilities, and many, consequently, closed outstand- ing accounts. Silver continued to be remitted to India and China in large quantities, the proportion taken for Hong Kong and Shanghae being very considerable, and hence gold wns absorbed to make the necessary pur- chases. It was also believed that the directors of the Bank of France had placed contracts at the disposal of their brokers, in case supplies might be required. A few failures occurred, but none of them were considered important, or as in any way indicating a general lapse in credit. English stocks fluctuated about 1^ per cent.; and Consols, after descending to 92^, rallied to nearly the highest point. Occasional symptoms of ease in the money market were apparent, but they did not prove permanent, and hence the range noticeable. Purchases by the Government broker, who was re-investing the proceeds of the Exchequer bonds lately held by the Commissioners of Savings' Banks, tended to keep the value of the un- funded debt in a firm position. Foreign securities were dealt in to only a limited extent. From about 1 to 2 per cent, was the outside margin of fluctuation, and the dealers, having at first sold for a fall, subsequently operated for a rise. Railway shares declined from the highest prices of the month, but, compared with the opening, they closed about the same. The following failures occurred in May. Messrs. Barker and Co., timber trade, London. Messrs. Thomas Bigcjs and Son, drug and wine merchants, London. Messrs. Edward J. Hambro and Co., general mercliants, London and Newcastle. Messrs. M'Alpin and Nephew, warehousemen, London. Mr. G. Dogherty, provision and corn trade, LiverpooL Notwithstanding the public showed greater coufidence in the general prospects of monetary and commercial affairs during June, there was 17G THE PROGRESS OF THE YEAR 1857. mucli less activity tlian ruiglit have been supposed, from the fact of the Bank directors having reduced the rate of discount from tU to G per cent. In addition, the favourable advices of the crops, and the announcement that the authorities of the Bank of France had also lowered their terms for the negotiation of commercial paper from 6 to 5^ per cent., should have exercised a favourable influence, but the public did not appear prepared to promote speculation, especially while the drain to the East continued of so alarming a nature. The returns of the Banks of England and France steadily improved, but the former was in the more satisfactory position ; the influx of Australian and American gold having, after providing for the requirements of the Continent, left a respectable surplus, which was pur- chased on account of the National Establishment. The rate of money at the Stock Exchange touched as high as 7 and 7| per cent, on English securities, but it subsequently receded to about 6 per cent., with a moderate demand. At Paris the rate was 5\ to per cent., and at Ham- bui'g 7 per cent. The imports of the precious metals during the month amoimted to about £4,387,000, and the exports to £5,330,000. The fluc- tuations in English securities were about 1 per cent., and the transactions were not very numerous. Although a little stimulus was aflbrded to prices, through the reduction in the rate of discount by the Bank of England and the Bank of France, the purchases subsequently diminished, and there was much stagnation in business. A heavy "biill" account continued open, which prevented any elasticity in prices, and the result was that a few sales kept the market in a quiescent state. The operations in foreign stocks were not extensive, and the only buyers were the Greek speculators, who entertained favourable views with respect to the future. Turkisli and llussian exhibited the greatest advance. Spanish American securities presented little change, and Dutch continued steady. The railway share market exhibited some fluctuation, but prices on the average improved; the rise was about 305. to £2 per share. The principal rise was in guaranteed securities, and the heavier descrip- tions, after advancing, experienced a partial relapse. The folloM'iug failures occurred in Messrs. Gotcli and Sons, bankers, Kettering. Messrs. Smilli, Hildor, Sinitli, and Scrivens, bankers, Hasthigs. Messrs. Ev.ius, Hoare, and Co., Austraiiau trade, London. Mr. William Macintosb, manufacturer, Manebester. Messrs. J. Langton and Co., sliip-brokers, Liverjjool. The position of affairs in July was satisfactorj', and the large infliix of gold from Australia and America enabled the Bank directors to reduce the rate of discount to 5| per cent. At the same time, the authorities of the Bank of France exhibited a disposition to relax their restrictive measures ; and while they lessened the rate of interest on treasury bonds, they also reduced the rate for advances on public securities from G to Si per cent. These features would, under ordinary circumstances, have assisted an upward movement in prices, but the alarm occasioned by the spread of the insurrection in India, not alone checked a rise, but j^roduced a contrary THE PROGRESS OF THE YEAR 1857. 177 effect, and stimulated sales on the part of speculators, through which a fall of at least 1 per cent, occurred. Great auxiety was evinced to ascer- tain the probable result of the outbreak upon the financial resources of the East India Company ; and until some information transpired, it was felt that the uneasiness lately apparent would continue. Everything in other respects was favourable to an amelioration of the money market — the accounts of the crops in England, throughout Europe, and America being of the most gratifying character, it was hoped that the rate of discount would recede to 5 per cent., or a fraction below that point. The variation in the English funds did not exceed 1| per cent., while the actual decline was about 1 jjer cent. This was to have been anticipated from the character of the Indian news, and the anxiety to ascertain the prospect of future accounts. The reduction in the Bank's rate of discount and in the increased ease in the money market would have, no doubt, caused a further improvement in the value of Consols, but a heavy " bull" account being open, and the advices by the Overland mail being doubtful, there was a succession of sales, which caused this depression. Although in foreign stocks the transactions were limited, the speculators continued to sell stock. Turkish were rather lower, and there was little expectation of a recovery while Greek failures took place, and it remained the medium for extensive gambling. Russian advanced about 2 per cent., and the quotation was firm at the improvement. Mexican and Peruvian were steady, with an average amount of business. In the railway share market there had been a tendency to decline, but prices were not so low as in the middle of the month, and quotations slightly recovered. East Indian shares dropped nearly 9 per cent., but the receipt of favourable intelli- gence would, it was thought, occasion a strong rebound. French shares had also been seriously affected, the state of business on the Bourse having caused a general depreciation. The annexed failures occurred in July. Mr. H. Scbwabe, broker, Liverpool. Mr. J. P. Giustiniani, merchant, London. The state of mercantile and financial affairs in August was not unsa- tisfactory. Had the intelligence from India been of a more encouraging character, general circumstances in other respects would have produced greater animation in business. Large arrivals of gold from Australia and America, with the very favourable progress of the harvest, assisted to keep the money market in a more steady position ; and although no reduc- tion in the rate of discount had taken place, the general demand on occasions was less urgent. The influx of bullion placed the accounts of the Bank of England in a better position, but the purchases of silver for export to the East, with some operations in gold on account of the Bank of France, prevented any great amelioration in the terms of accommo- dation. A more than usual number of failures took place this month, but they occurred principally from over-speculation in the provinces, where credit proved to be less sound than in the metropolis. High rates of disco\mt prevailed on the Continent, especially at Hamburg, the current N 178 THE PROGRESS OF THE YEAR 1857. quotations having at one moment readied 7 per cent,, but it was now quoted 6 per cent. Operations in the English stock market caused a range of about If per cent., but there w^as a considerable recovery from the lowest price, so that on the average the decline was scarcely more than 5 per cent. The greater part of the fluctuations were produced by the nature of the advices from India, but the increased abundance of money, with the less unfavourable state of the exchanges, caused greater confidence whenever the first effect of the telegraphic accounts subsided. A sudden rise on purchases by the public occurred about the middle of the month, but a reaction soon ensued, the speculators having again come forward and sold. India stock and bonds continued heavy, but the dealers had not speculated to any great extent. Bank stock and Exchequer bills presented no important variation. Foreign securities fluctuated from 1 to 3 per cent., and at the close showed rather increased firmness. The operators did not adventure largely, though late in the month they showed a greater disposition to purchase. In Turkish, the operations had been on the most extensive scale, but less speculative activity was now visible in this department. The Eailway share market suffered to a serious extent, but a slight recovery took place in quotations. Some influence was exerted by the arrangement of the account, money having been in less demand than expected. The operators apparently sold largely for the faU, and being compelled to repurchase, there was a corresponding re- action in prices. The results of the half-yearly meetings, as far as they had transpired, were of a mixed character, but in many cases the manage- ment appeared to have imi^roved, and higher dividends were in some cases declared. Great Westerns proved an especial exception, and from 64|- declined to 51. Two or three failures occurred on the Stock Exchange, owing to losses sustained through the fluctuation in prices. The subjoined failures were announced in August. Messrs. Rutty, Hall, and Co., warehousemen, London. Messrs. Carr Brothers and Co., coalowners, Newcastle. Mtssrs. Milrose and Hussey, ironfounders, Dudley. Messrs. T. Ashmore and Sons, drysalters, London. Mr. T. H. Hayes, corn factor, Livei'pool. Messrs. Buchanan, Brown, and Co., produce brokers, Liverpool. Messrs. Dumbell, Son, and Howard, bankers, Isle of Man. Mr. W. Eassie, contractor, Gloucester. Mr. T. Stewart, manufacturer, Stockport. Messrs. Bruford, Dyer, and Co., African trade, Bristol. Messrs. Jones and Moore, soap manufacturers, Bristol. In September there was great stagnation in public affairs. Depres- sion, unfortunately, was the order of the day, through the political position of India ; and the anxiety evinced to ascertain the nature of the intelligence by each mail, showed the importance attached to the progress of events in that quarter of the globe. The result was, that business continued checked, uneasiness was created, and a general heaviness pro- THE PROGRESS OF THE YEAR 1857, 179 duced, which, ■without severely affecting monetary or mercantile iutorcsta prevented activity. The value of money was w^eU supported, and there was evidently no expectation of a decline, the efflux of specie to the Con- tinent, with the advance in the rates of discount at Amsterdam, Ham- burg, and Berlin to O-^- per cent., causing some parties, on the contrary, to believe that a prospect exists of a movement in the other direction. Notwithstanding large Australian remittances had been received, the drain to France and Hamburg excited some apprehension, particularly since the disturbances in the money circles of the United States, where pressure and panic prevailed, had caused shipments of gold to be suspended. Trade generally appeared to be scarcely so sound as formerly, and the failures in the provinces, although unimportant, indicated that weak firms could not resist the effects of the late maintenance of the rates for mercantile accommodation. The minimum of the Bank of England had not varied, while in Lombard Street the rate was fully 5| per cent. The range in English stocks was about \\ j)er cent., and a decline of 1 per cent, was established. The fall appeai'ed gradual, with an absence of animation in business, the advices from India continuing to exercise an unfavourable influence upon prices. An increased demand for money likewise tended to create an unsettled feeling. Exchequer bills were not supported, and as the East India Company were understood to be selling, the quotation had descended to IO5. discount. Foreign stocks were com- paratively inactive, and a decline had occurred in several of the leading descriptions. Peruvian, Mexican, and Turkish were lower, the reaction having been mainly produced by speculative sales. Bailway shares fluctuated to the extent of 2 or 4 per cent., and there was still a decline of 1 to 3 per cent, upon the quotations at the commencement of the month. The following were the failures in Septembeb. Messrs. Warburton and Omersbaw, silk trade, Manchester. Messrs. H. F. Fardon and Co., soap trade, Bromsgrove. Mr. A. Crosfield, merchant, Bristol. Messrs. G. Wyld and Sons, distillers, Bristol. Messrs. Perron and Co., merchants, Bristol. Mr. W. Summerskill, silk trade, Manchester. Mr. Lynd, oil trade, Leeds. Messrs. Harrison, Watson, and Co., bankers, Hull. Messrs. Taylor and Bright, corn merchants, Hull. The state of financial and mercantile affairs in October was considerably influenced by the advance in the Bank rate of discount from 5| to 8 per cent. The American crisis, with its attendant consequences, including the suspension of banks, and the failure of the principal firms, produced great stringency in the money market, while the raising of large sums by the East India Company assisted to increase the pressure. The value of money on the Continent further advanced, and the terms of the Bank of France had risen to O.5 per cent., which showed that the absorption of capital was general. It was satisfactory, however, to notice that, not- withstanding failures of magnitude in the country, London was compara- 180 THi; PROGRESS OF THE YEAR 1857, tively free from embarrassment, and great confidence was felt in tlie ultimate adjustment of mei'cantile relations. Shipments of gold were made to America to tlie extent of about £750,000, and it was thought that a further amount, equal if it did not exceed that total, would be forwarded to meet balances and purchase produce and securities. To the East, by the mail of the 4th, silver to the extent of at least £1,000,000 would be despatched. The Continental rates of money varied 6^ per cent, at Paris, to 8i per cent, at Hamburg, the effects of the crisis in the United States having been largely experienced in that city. With the Bank of England rate at 8 per cent., and the joint-stock banks in a position to allow 7 per cent, for deposits, no great activity in business could be expected. In English securities this month, the range was about 3J per cent., but the actual fall had uot exceeded 1^ per cent. It was to have been presumed that a decline woidd take place in prices, but the extreme fluctuation, after all, was uot important, considering the vicissitudes through which the mercantile community had passed. Exchequer bills were heavy, at about 15s. to 10s. discount, but the great depreciation occurred in Indian bonds, which were quoted at 40 per cent, discount. Foreign stocks did not vary in any great degree, but the decline in the several descriptions was from 1 to 3 per cent., with moderate transactions. Brazilian, Buenos Ayres, and Dutch receded 2 per cent.; Russian, 2; and Mexican, 1 per cent. Hallway shares were of course affected by the extraordinary posi- tion of business, sales of the various descriptions having been freely made ; the fluctuation being from 2 to 5 per cent. The late pressure brought various descriptions to market, but quotations in a measure slightly recovered. October. Messrs. J. and J. Beard, silk trade, Manchester. Messrs. J. Monteith and Co., merclmnts and manufacturers, Glasgow. Messrs. Macdonald and Co., merchants and manufacturers, London and Glasgow. Messrs. Wallace and Co., merchants and manufacturers, Glasgow. Mr. Hugh Fergusson, stuff merchant, Manchester and Bradford. Messrs. Ross, Mitchell, and Co., Canadian merchants, London. Mr. S. F. Stephens, bill-broker, London. Messrs. Scarratt and Partington, Blackwell Hall, factors, London. Messrs. AfHeck and M'Kerrovv, Scotch warehousemen, Manchester. Mr. W. B. West, haberdasher, Manchester. Mr. John Little, milliner, Manchester. Mr. Edmund Whitehead, silk maiuifacturer, Middleton. Messrs. Whan, M'Lean, and Co,, manufacturer?, Glasgow. Messrs. Auld and Buchanan, merchants and shippers, Glasgow. Mr. Jas. Condie, writer, Perth. Messrs. Chas. Smith and Co., provision trade, Manchester. The Liverpool Borough Bank, bankers, Liverpool. Messrs. Thornton, Iluggins, Ward, and Co., American trade, Iluddersfield, etc. Messrs. J. S. De Wolf and Co., shipowners, Liverpool. Messrs. Gould and Davis, wine merchants, Liverpool. Messrs. Robert Morrow, Son, and Garbutt, timber merchants, Liverpool. Messrs. John Haly and Co., New York and Canadian trade, London. Messrs. J. Jaffray and Co., ship and insurance brokers, London. Mr. Caporn, lace dealer, Nottingham. THE PROGRESS OV THE YEAR 1857. 181 The coiirae of financial and mercantile affiiira during November was of the moat chequered eharacter. With a further advance in the rate of diaeount from 8 to 10 per cent., the occurreuce of a criaia, and the aua- pensioQ of the Bank Charter Act, it might readily be auppoaed the position of business was not satisfactory, while the number of failures which took place created general gloom and despondency. In this condition of things, the issue of the Government letter produced aome benefit, but it did not immediately effect a full i-esuscitation, the panic having progressed too far to render ita operation immediate. The consequences of the sus- pensions, dangerous as they were, did not prove so pernicious as might have been anticipated, though the character and importance of the houses showed the effect of continuous high rates of discount upon the commer- cial community. A steady restoration of confidence was expected, but it was nevertheless thought it would, under any circumstances, be slow and progressive, the shock given by the revulsion having created excessive apprehension. The speculators were not so active during this panic as they were in that of 1847, although unfounded rumours were from time to time circulated with respect to the position of houses whose credit remained undoubted. The influx of the precious metals and the advice of additional remittances from Australia would, it was felt, assist to ease the condition of the money market, the recovery in America being like- wise calculated to facilitate the movement. At one period during the crisis, it was almost impossible to negotiate paper at all, the charge under the most favourable circumstances being 12 and 15 per cent. Within the last few days of the month greater readiness was manifested to discount, and the quotation by the principal brokers receded to a fraction below 10 per cent. The imports of the precious metals continued on a large scale, and sovereigns were rapidly returning from Scotland and Ireland, the run for gold in those localities having terminated. English securities fluc- tuated from 3 to 4 per cent., but they eventually showed a general recovery. Of course, great depression took place in the midst of the panic, the operations having been on the adverse side. From 90| they dropped to 87f , but although the speculators exhibited a desire to carry out further transactions for the fall, the public became piirchasers, and created a reaction, which terminated in a general advance. Exchequer bills were quoted 4 discount to par, and Bank stock 215 to 216. Foreign stocks varied to the extent of between 2 and 4 per cent. The operations, even at the most unfavourable period, did not produce a great effect, the speculators, through fears of a sudden change, not having the courage to enter into important transactions. Quotations at the close of the month were generally better, the infiuence of the latest purchases having proved in a degree beneficial. Eailway shares, as might have been supposed, experienced a decline of from 4 to 5 per cent. The dealings showed that some speculative operations occurred through the despondency created by the panic, but the decline, after all, was not extensive, compared with the gravity of the events which had taken place. Joint-stock bank shares suffered from sales, and at one period of the month there was considerable depreciation. The disgracefid reports cii-culated with respect to the situa- tion of these establishments, and the extent to which it was said the 182 THE PROGRESS OF THE YEAR 1857. deposits had been trenclied upon, caused temporary apprehension, but the alarm j)roved groundless. The following failures occurred in NOVEMBEE. Messrs. R. Wilson, Hallett, and Co., merchants, Liverpool. Messrs. Powles Brothers and Co., Spanish American trade, London. *Messrs Naylor, Vickers, and Co., iron and steel merchants, ShefHeld, etc. Messrs. W. Orr and Co., merchants, Liverpool. Messrs. J. and A. Dennistoun, Cross, and Co., American bankers and exchange agents, London, etc. The Western Bank of Scotland, bankers, Glasgow. Messrs, Bennoch, Twentyman, and Rigg, silk trade, London. Messrs. Broadwood and Barclay, West India merchants, London. Messrs. Iloge and Co., merchants, Liverpool. *Messrs. Henry Dutilh and Co., merchants, Liverpool. *Mes8rs. B. F. Babcock and Co., American trade, Liverpool, etc. Messrs. Foot and Co., silk manufacturers, London. *The City of Glasgow Bank, bankers, Glasgow. Messrs. Sanderson, Sandeman, and Co., bill-brokers, London. Messrs. Bruce, Wilkinson, and Co., bill-brokers, London. Messrs. Wilson, Morgan, and Co., wholesale stationers, London. Messrs. Fitch and Skeet, provision merchants, London. ♦Messrs. T. B. Coddington and Co., iron merchants, Liverpool. Messrs. Mackenzie, Ramsay, and Co., merchants, Dundee. Messrs. Draper, Pietroni, and Co., Mediterranean trade, London. Messrs. Stegman and Co., manufacturers, Nottingham. Messrs. Bowman, Grinnell, and Co., American trade, Liverpool. Messrs. E. Bainbridge and Co., American trade, London. Messrs. Munro, Grant, and Co., timber merchants, Swansea. Messrs. Jellicoe and Wix, Turkey merchants, Loudon. Messrs. Jose P. De Sa and Co., Brazilian trade, London. Messrs. Bardgett and Picard, grain trade, London. Messrs. F. C. Perry, iron trade, Wolverhampton. Messrs. W. Riley and Sons, iron trade, Wolverhampton. The Woh"erhampton Iron Company, iron manufacturers, Wolverhampton. Messrs. Solly Brothers, iron trade, Wolverhampton. Messrs. Rose, Higgins, and Rose, iron trade, Wolverhampton. *The Wolverhampton and Staffordshire Banking Company, bankers, Wolverhampton. Messrs. Iloare, Buxton, and Co., North of Europe trade, London. Messrs. Edwards and Matthie, produce brokers, London. Messrs. Clayton and M'Keveringan, shipbuilders, Liverpool. Messrs. E. Sievekingand Co., North of Europe trade, London. Messrs. Allen, Smith, and Co., North of Europe trade, London. Messrs. Svendson and Johnson, North of Europe trade, London. Messrs. Gorrissen, Hiiffol, and Co., American bankers and exchange brokers, London. Messrs. Brocklesby and Wessels, corn importers, London. *Messrs. J. R. Thomson and Co., Cape and Australian trade, London. Messrs. Herman Sillem and Co., North of Europe trade, London. Messrs. Carr, Josling, and Co., North of Europe trade, London. Messrs. Alexander Ilintz and Co., North of Europe trade, Loudon. Messrs. Penistou and Marshall, American provision merchants, London, Mr. Jonathan Bottomloy, bpinner, Bradford. THE PROGRESS OF THE YEAR 1857. 183 Messrs. Godfrey, Pattison, and Co., merchants, Glasgow. The Northumberland and Durham Bank, bankers, Newcastle-upon-Tyne. Messrs. Rohder and Bolderaann, North of Europe trade, London. Messrs. T. Morris and Sons, iron trade, Wolverhampton. Mr, A. Cruickshank, corn trade, Glasgow. Mr. J. J. Wright, cotton broker, Glasgow. Messrs. H. Hoffman and Co., German trade, London. Mr. T. Mellidew, commission agent, London. Note. — The firms marked with an asterisk have resumed business. During December the progress of the crisis, and the numerous failures which followed, engrossed attention, and caused anxiety to be manifested to trace the results of the existing distress. It was feared early in the month that the pressure might be prolonged through the continuance of mercantile disasters and the disinclination of the banks to afford accom- modation, especially as the appearance of the Government letter did not immediately produce the desired relief. Subsequently the influx of specie with the more favourable advices from America and Hamburg created greater confidence, and a partial recovery was then apparent. The Bank of France having twice reduced the rate of discount, till, at length, it descended to 6 per cent, for all classes of mercantile paper (with the pro- spect of being eventually down to 5 per cent.), the public appeared induced to believe that the favourable reaction had set in, and this was subse- quently confirmed by the Bank of England reducing the rate from 10 to 8 per cent. The large arrivals of Australian and American gold, with remit- tances from Turkej"-, Russia, etc., rapidly augmented the stock of bullion, and the reserve of notes having reached a satisfactory position, the over issue of £2,000,000 was repaid to the proper department. The crisis was, therefore, considered to have terminated, and the opinion was entertained that, with the restrictions which would necessarily be placed upon business, the accumulation of capital could not faU. to be more rapid than ever. The reduction of the rate of discount by the Bank of England, which took place upon the 24th, would, it was presumed, be followed by additional alterations on the favourable side, and some were sanguine enough to predict that, in the course of the next six or seven weeks, 5 or 6 per cent, would be the extreme quotation. Although the failures of the month included a number of important mercantile establishments, the extent of overtrading was fully developed by the nature of the balance-sheets ex- hibited, and notwithstanding dividends were, in many cases, better than was supposed, still the pernicious effects of late operations were made clearly visible. The panic feeling^which pervaded the English stock market checked business, and sales produced a further speedy decline. When, however, money became easier, and a report was circulated that the Bank would shortly be enabled to reduce the rate, great firmness was apparent, and a steady rise occurred of 2^ per cent., at which point quotations were supported. Exchequer bills fluctuated between 5 discount and 2 pre- mium ; and eventually stood at par. Bank and India stocks were firmer with a greater amouut of business, and affairs in this department appeared 184 THE PllOGRESS OF THE YEAR 1857. altogether better. In foreign stocks there was increased activity, and the speculators purcliased freely for the rise. The iniproyement was most apparent in Turkish. Mexican, and Russian, each of which recovered 2 to 3 per cent., although the operations were of rather a mixed character. Eailway shares were more extensively operated in, and notwithstanding the items of traffic showed unfavourable results, purchasers of the various descriptions supported prices. The recovery, on the average, was from 4 to 5 per cent., with a satisfactory market, and the dealers seemed inclined to consider that quotations might yet go higher. French and Belgian shares also improved, though the ptirchases were not extensive. The sub- joined were the failures in December. Messrs. Hermann Cox and Co., cotton trade, London and Liverpool. Messrs. BischofF, Beeret, and Co., merchants, Loudon. Messrs. Mendes Da Costa and Co., West India trade, London. Messrs. Keiser and Co., German trade, London. Messrs. Barber, Kosenauer, and Co., general merchants, London. Messrs. Hirsch, Strother, and Co,, German trade, Loudon. Mr. G. C. Pim, corn trade, Belfast. Mr. P. Magee, shipowner, LiverpooL Messrs. Fredericksen, Clunie, and Co., corn trade. West Hartlepool. Messrs. F. and A. Bovet, China trade, London. Messrs. C. A. Jonas and Co., merchants, London. Messrs. Sewells and Neck, North of Europe trade, London. Messrs, A. Pelly and Co., North of Europe trade, London. Messrs. Krell and Cohn, commission agents, London. Messrs. Hadland and Co., warehousemen, London, Messrs. Lichtensteiu and Co., German trade, London . Messrs, D. Couvella and Co., Greek trade, London. Mr. W. R, Urain, iron and chain trade, Newcastle. Messrs. Ogden and Fergusson, merchants, Newcastle. Messrs. Heine, Semon, and Co., German bankers and exchange brokers, London. Messrs. Weinholt, Wehner, and Co., East India and Australia trade, London, Messrs. T. H. Elnienhorst and Co., German trade, London. Messrs. Montoya, Saenz, and Co., Spanish American trade, London. Messrs. Farley, Lavender, and Co., bankers, Worcester. Mr. G. T. Ward, Smithfield banker, London. Messrs. 11. and M. Taldorph and Co., merchants, London. Messrs. Hew, Prescott, and Co., North of Europe trade, London. Messrs. R. Willey and Co., silk mercers, London. Messrs. S. C. Lister and Co., worsted spinners, Halifax, Messrs. Saalfield Brothers, German trade, London and Leeds. Mr. E. Smith, woolstapler, London. Messrs. W. Cheesbrough and Son, wool merchants, Bradford. Messrs. W. Yewdall and Co., wool merchants, Rawdon, near Leeds. Messrs. Jonathan Hills and Sons, bankers, Dartford and Gravesend. Messrs. Powell and Sons, warehousemen, London. Messrs. W. Dray and Co., agricultural implement makers, London. Messrs. Kliiigenden Brothers, American trade, Liverpool. Messrs. Charles Nicholson and Co., v/.arehousemen, London, Messrs. Lloyd Brothers, wholesale picture dealers and exporters, London. FOREION AND AMKRICAN FAILURES IN 1857. 185 Mr. W. Reid, wliolesalo grocer, Edinburgh. Messrs. W. G. Haigh, woollen trade, Bradford. Messrs. Hans Marcher and Co., Dutch trade, Hull. Messrs. Stevenson, Viemehren, and Scott, merchants, Newcastle. Messrs. Greensladc and Co., corn trade, Bristol. FOEEiaN AND AMEEICAN FAILIJEES IN 1857. Jan. Messrs. Tenney and Co., Boston, United States, carpet dealers. „ Mr. Peirce Butler, Philadelphia, stock speculator. Feb. Messrs. Kellj, Townsend, and Co., New York, merchants. „ Mr. C. B. Fessenden, Boston, merchant. „ Messrs. Wetherell Brothers, 33oston, merchants. Mar. Messrs. Dodge, Bacon, and Co., London and Newark, United States, merchants and patentees, subsequently resumed. „ Messrs. Green and Co., bankers, Paris. „ Messrs. Alexander Frear and Co., New York. „ Messrs. Blashfield and Co., New York. April. Mr. Bettman, New York. „ Messrs. Valie and Co., Paris and Havre, bankers. IVIay. Messrs. C. Thurueyssen, Paris, banker and stock dealer. „ Messrs. Whitney, Fenno, and Co., Boston, United States, importers. „ Messrs. Chapman, Lord, and Uale, Boston, United States, importers. „ Messi's. Shaw, Sampson, and Bramliall, Boston, United States, importers. July. M. Giustiniani, Constantinople, merchant. Oct. M. Nessin Soldal, Marseilles, merchants. „ Mr. Boskowitz, Pesth, commission merchant. „ Messrs. Malanotti and Co., Vienna, merchants. „ Messrs. Balabio and Co., Milan, bankers. The failures announced to have taken place in the United States, during the crisis in the months of September and October, were said to exceed nine hundred, but the most important estabhshments appear in the subjoined hst. It slioidd be added that many of these estabhshments idtimately resmned payment : — Oct. Messrs. E. C. Bates and Co., Boston, merchants. „ Messrs. Whiting and Hinds, Boston, merchants. „ Messrs. Brewster and Co., Rochester, bankers. „ Mr. Joseph Fairweather, St. John's, New Brunswick. „ The Ohio Life and Trust Company. „ Messrs. De Laney, Isehn, and Clark, New York, foreign bill brokers. „ Mr. E. S. Munroe, stock-broker. „ Mr. Jolm Thompson, bank agent and share dealer. „ Messrs. Tuttle, C'utting, and Co., New York, grain and floiu- trade. „ Messrs. Bates, GrifHu, and Livermore, New York, dealers in grain. „ Messrs. L. W. Ku-by and Co., Warren (Pen.), dry goods jobbers. „ Messrs. Stilhnan, Allen, and Co., Boston, macliinist. „ Messrs. Sai-oni and Goodheim, Boston, clotliiers. „ Messrs. Beebe and Co., New York, bankers and bullion dealers. „ Messrs. J. H. Prentice and Co., New York, hat and fur dealers. „ Messrs. Adams and Buckingham, New York, floiu- dealers. „ Messrs. Breese, Kneeland, and Co., Jersey, car and locomotive maiui- facturers. „ The Mechanics' Bankmg Association, New York. „ The Ontario County Bank. The Bank of Orleans. „ Messrs. Hatch and Langdon, Cinciimati. „ The Rhode Island Central Bank. „ Messrs. Allen and Son, Providence, Rhode Island, cloth printers. „ Mr. H. AUen, Providence, Rhode Island. „ Messrs. Reeves, Abbott, and Co., Pennsylvania, iron manufacturers. „ Messrs. Reeves, Bii'ch, and Co., Pennsylvania. 186 FOREIGN AND AMERICAN FAILURES IN 1857. Oct. Messrs. Ilurlson, Robertson, and Fiilliam, New York, importers. Mr. F. G. Swan, New York, warehouseman. Mr. Stephen Colwell, Philaclelpliia, iroii merebant. Bank of New Jersey. ]\Iessrs. M. J. Bell and Co., New York, money dealers. Messrs. L. and O. Kii-by, New Y''ork, importers. Messrs. Fitzbugb and Littlejobn, Oswego, carriers. Messrs. Grant, Sayles, and Co., produce receivers. Messrs. C. II. Stone and Co., Boston. Messrs. Conaut, Dodge, and Co., New York. Mr. Philip Allen Torrs, Providence. Mr. Z. Allen, Providence. The Huguenot Bank, New Paltz. Messrs. Pierre and Houlse, Wasliington. Georgetown Bank of Commerce. Messrs. Nasmith and Co., New Y'ork. Messrs. Sword, WatUng, and Co., Pliiladelphia. The Citizen Bank, Cincinnati. Messrs. Collard and Hughes, Cincinnati. Messrs. Davis, Suydam, Dubois, and Co., Eondoubt, Nova Scotia. Messrs. Carpenter and Co., New York. Messrs. Ward and Nash, Louisville. Messrs. Clark, Dodge, and Co., New York, bankers. Messrs. Pittits and Co., New York, importers of hardware and whale oU. Messrs. P. Chonteau, jun., and Co., New York, merchants. Messrs. Hutchinson, Zitfana, and Co., New York, warehousemen. Messrs. Bowen, M'Hamee, and Co., New York, silk imjjorters. Messrs. Levy and Co., Pliiladelpliia, importers of manui'actui'ed goods. Messrs. Lawrence, Stone, and Co., Boston, extensive factory owners. The Bank of Pennsylvania. The Bank of Baltimore. The Gu'ard Bank, Pliiladelphia. Messrs. Bangs Brothers and Co., New York, trade sale auctioneers. Messrs. Spencer and Porter, New York, grocers. Messrs. L. J. Leny and Co., Philadelphia, dry goods trade. Messrs. Smith, Murphy, and Co., Philadelphia, di-y goods trade. Messrs. C. Hallowell and Co., Pliiladelpliia, dry goods trade. Messrs. Fassett and Co., PhUadelpliia, dry goods dealers. Messrs. Hieskell, Hoskin, and Co., Pliiladel])hia, dry goods merchants. Messrs. Tennent and Den-ickson, Philadeli)liia, dry goods dealers. Messrs. Caleb, Cope, and Co., PhUadelpliia, dry goods trade. Messrs. Persse and Brooks, Philadelphia, paper manufacturers. Mr. James Carter, Galena, merchant. Messrs. Masterman and Co., New York. The Union Straw Works, Foxboro'. Messrs. Tyler and Wild, Rochester, shoe dealers. Messrs. C. H. Mills and Co., Boston, domestic goods trade. The Ellenville Glass Company. Messrs. A. S. Lippincott, and Co., Philadelphia. Messrs. French, Sisson, and Co., Providence, oil merchants, etc. Messrs. J. Woolley, Indianopolis, banker. The Miami Valley Bank, ])ayton. Messrs. Cyrus W. Field, and Co., New York, paper dealers. Messrs. J. Farnham and Co., Philadelphia, domestic goods trade. Messrs. Hockcr, Lea, and Co., Pliiladel})hia, di-y goods trade. Messrs. T. P. Remington, Philadelphia, ch'y goods trade. Messrs. Deal, Millington, and Biu-t, Philadelphia, dry goods jobbers. Messrs. Emnians, Danforth, and Scudder, Boston. Messrs. Mason and Co., Taunton, Massachusetts, machine and locomo- tive manufacturers. The Montour Iron Company, Danville. The Rock River Bank, Wisconsin. The Bank of Flgiri, lUinois. The Whittenton Cotton Manufactory, Taunton, Massachusotte. FOREIGN AND AMERICAN I'AILURES IN 1857. 187 Oct. Messrs. E. J. Tinkham and Co., Chicago. „ Messrs. Darby and Earkswortb, St. Louis. „ Messrs. John J. Anderson and Co., St. Louis. „ The Western Bank, Springfield, Massachusetts. „ The Ware Bank, llamptou Falls, New llauipshire. „ The Bank of Central New York, Utica. „ Tiic Exchange Bank, Murfrcesborough. „ Bank of Ciairborne, Tazewell. „ Bank of LawTenceburg, Lawrenceburg. „ Bank of Jefferson, Dandridge. „ Bank of Memphis, Memphis. „ Northern Bank of Tennessee, Clarksville. „ The Eiver Bank, Memj)his. „ Messrs. Kehnet, Dix, and Co., New Orleans. J, The Northern Bank of Mississippi, New Orleans. „ Messrs. Vorliill, Greggs, and Co., New Orleans. ' „ Mr. S. Fothingham, jun., and Co., Boston. „ Messrs. J. W. Clark, and Co., Boston. „ Messrs. Sweetzer, Gerkin, and Co., Boston. „ Messrs. Chickei-ing and Co., Boston. „ Messrs. Lawrence, Stone, and Co., Boston. „ Mr. J. A. Lowell, Boston. „ Mr. Benjamin Howard, Boston. „ Messrs. Richardson, Kendall, and Co., Boston. „ Messrs. P. Jones, Parson, Cutter, and Co., Boston. „ Messrs. Moses Pond and Co., Boston, stave dealers. „ Messrs. R. N. Wardall, and Co., Phdadelphia, agents. „ Messrs. Wliite, Stevens, and Co., Philadelphia. „ Messrs. Bowen, Ely, and M' Cornell, New York. „ Messrs. Gage, Sloam, and Slater, New York. „ Messrs. L. Bauer and Co., New York. „ Messrs. Livmgston and Ballard, New York. „ Messrs. Cheteau, Harrison, and Valle, St. Loids. „ Messrs. James H. Lucas and Co., St. Louis. „ Mr. R. H. Brett, Toronto. „ The Exchange Bank, Tennessee. „ The Shelbyville Bank, Tennessee. „ The Lawi'enceburg Bank, Tennessee. „ The Trenton Bank, Tennessee. „ Messrs. Dmibarry, Drake, and Co., Cincinnati. „ Messrs. Cuhier, Hutcliings, and Co., Louisville, bankers. „ Messrs. Smidt and Co., Louisville, bankers. „ The Cumberland Coal Company. „ Messrs. Powell, RamsdeU, and Co., Newburg. „ The PoweU Bank, Newburg. „ The Bank of Belleville, Illinois. „ Messrs. Moore, HaUenbush, and Co., Quinsay, bankers. „ The Charter Oak Mercantile and Exchange Bank, Hartford. „ Messrs. Y'^elverton and Walker, New Y'ork. „ Messrs. Latner and Co., New Y''ork. „ Messrs. Sathen and Cluu-ch, New Y'ork. „ The Farmers' and Citizens' Bank, WilUamsburgh. ,, The Fox River Bank, Wisconsin. „ Messrs. Hutchinson, Tiffany, and Co., Newburgh. „ Messrs. Powell, RainsdeU, and Co., Newburgh. „ Messrs. Swift, Ransom, and Co., brokers and agents of a Chicago bank. „ The Hudson River Bank, Hudson. „ The Farmers' Bank, Hudson. „ The Old Saratoga Bank. „ The Stark Bank of Vermont. „ The Bass River Bank, Massachusetts. „ The Bank of Leonardsville. „ The Bridgport City Bank, Connecticut. „ The People's Bank, Milwaukie. 188 FOREIGN .AND AMERICAN FAILURES IN 1857. Oct. The Badger State Bank, Wisconsin. „ The Exchange Bank, Bangor, Maine. Hallowell Bank, llalloweU, Maine. „ Hancock Bank, Ellsworth, Maine. „ Shipbuilders' Bank, Kocksland, Maine. „ Maritime Bank, Bangor, Maine. „ Ellsworth Bank, Ellsworth, Mauae. „ China Bank, Cliina, ]\Iaine. „ Central Bank, HalloweU, Maine. „ Sandford Bank, Sandford, Maine. „ Cochituate Bank, Boston, Massachiisetts. ,, The Grocers' Bank, Boston, Massachiisetts. „ The ]\Iannfactiu'ers' Bank, Georgetown, Massachusetts. „ The Exeter Bank, Exeter, New Ilampsliire. „ The Lancaster Bank, Lancaster, New Hampsliire. „ The Stftrk Bank, Bennington, Yeiinont. „ The South Eoyalton Bank, South Eoyalton, Vermon(. ,, The Danby Bank, Danby, Vermont. „ The Eastern Bank, West KiUingly, Connecticut. „ Wooster Bank, Banbury, Connecticut. „ Woodbuiy Bank, Woodbury, Connecticut. „ Hartford Coimty Bank, Hartford, Connecticut. „ Colcliester Bank, Colchester, Connecticut. „ Messrs. Harper JBrothers, New York. „ Messrs. Wood and Grant, New York. „ Messrs. Hoppock and Greenwood, New Y'ork. „ Messrs. ConueUy and Adams, New York. „ Mr. G. S. Hilman, New York. „ Messrs. Buckley and Moore, New York. ,, Messrs. Baptist and Wliite, New Y'ork. „ Messrs. Brummell and Eoysters, New Y'ork. „ Messrs. Dykers and Alstyne. „ Messrs. Hall, Dana, and Co., New York. „ Messrs. Ludlum, Leggett, and Co., New Y'ork. „ Messrs. L. C. Wilson and Co., New York. „ Messrs. Cahart, Bacon, and Co., New Y'ork. „ Messrs. Kitcham, Montrose, and Co., New York. „ The New York and Erie Railroad Company (bills protested). „ The Michigan Central Bail way Company (on its floating debt). „ Mr. J. A. Genin, New Y'ork. Mr. H. A. Coit, New York. „ Messrs. Leymom and Co., New Y''ork. „ Messrs. Corlies and Co., New York. „ Messrs. Corning and Co.; New Y'ork. „ Messrs. Fenton, Lee, and Co., New Y'ork. „ Messrs. Willetts and Co., New York. „ Messrs. Francis Skinner and Co., Boston. „ Messrs. George, T., and W. Plyman, and Co., Boston. „ Messrs. Fale, Nash, French, and Co., Boston. „ Messrs. Oakley and Hawkins, New Orleans. „ Tlie Albion Cotton Manufactiu-ing Company, Baltimore. „ Messrs. Dean, King, and Co., St. Louis. „ Messrs. A. J. Maccrary and Co., St. Louis. „ Messrs. Collins, Kirby, and Co., St. Louis. „ Messrs. Fowle, Snowdon, and Co., Alexandria. „ Messrs. E. F. Whittemore and Co., Toronto. „ Tlie Bank of South Carolina, South Carohna. „ Messrs. Hadsworth and Co., Chicago. „ The Cayuga Steam Furnace Company, Cleveland. „ Messrs. Harkness and Stead, Providence. Nov. Messrs. John Munro and Co., Paris, merchants. „ Messrs. Gallcrkamp, Brothers, Amsterdam, merchants. ,, Messrs. Guimaraes and Co., Paris, merchants. „ Messrs. Bourbon, Du J3uit, and Co., Paris, merchants. rOllEIGN AND AMERICAN FAILURES IN 1857. 189 Nor. Messrs. Ponson, Phillippe, and Tibert, Paris, merchants. ]Messrs. Ullberg and Crcnicr, Hamburg, Swedish trade. IMcssrs. F. Bloss and Scomburgk, llambiu-g, merchants. Messrs. Sassenberg and Meyer, JJremcn, merchants. Mr. H. Overbcck, Bremen, merchant. Messrs. Topuz and Co., Smyrna, merchants. The failures annoimeed to have taken place during the month of November, in the United States, are comprised in the following list : — Nov. The New Bedford Bank. The Hartford Bank. „ The Fairhaven Bank. ,, The Augusta 15ank. „ The AVorcester Bank. The Portland Bank. „ The Bank of Manchester. ,, The Petersbiu'g Bank. ,, The Lawrence Bank. „ The Methuen Bank. „ The Bank of Bangor. „ The Trenton Bank. „ The Brooklyn Bank. The Albany Bank. „ The Pacific IMills Corporation, Lawi-ence. „ The Louisville Central Bank, New Orleans. „ IMessrs. J. L. Johnson and Co., New Orleans. „ The Bridgeport Bank, Connecticut. The Nashville Bank. „ Tlie Missouri Iron Works, "WHieeling, Virginia. „ Messrs. Pringle, Cook, and Lunhart, Brownsville, Pennsylvania. „ Messrs. Harper, Brothers, New York, publishers. „ Messrs. J. H. Colton and Co., New York, publishers. „ Messrs. H. Cowperthwaite and Co., New York, pubhshers. „ IMessrs. John P. Jewett and Co., New Y'ork, pnbhshers. „ Mr. J. S. Eedfield, New York, publisher. „ Mr. P. S. Cozzens, New York, publisher. „ Messrs. Miller, Orton, and Co., New York, pubhshers. „ Mr. Richard Marsh, New Y'ork, publisher. „ Messrs. J. M. Emerson and Co., New York, publishers. „ Messrs. Miller and Curtis, New York, publishers. „ Messrs. Bangs, Brother, and Co., New York, publishers. „ Messrs. G. P. Putnam and Co., New Y'ork, publishers. ,, Messrs. Sanford and Swords, New York, publishers. „ Messrs. H. W. Derby and Co., New York, pvibhshers. „ Messrs. Fowlers and Wells, New York, pubhshers. „ Messrs. Robb, Hallett and Co., New Y'ork and New Orleans, exchange brokers. „ Messrs. Lord, WaiTen, Evans, and Co., New Y'ork. „ Messrs. Ross, Mitchell, and Co., Toronto. „ The Dunneil Manufactiiring Company, Providence. „ Messrs. AVinslow, Lanier and Co., New Y'ork. „ Messrs. Frost and Forest, New York. „ Messrs. S. and T. Lam-ence, New York. „ Messrs. Sampson, Baldwin, and Co., New Y'ork. „ Messrs. W. Greenhow and Co., Boston. „ Mr. J. M. Holden, Boston. 5, Mr. George Forsaith, Boston. ,, Messrs. Iveitli and Thornton, Boston. „ Messrs. J. AY. Carter and Co., Boston. Mr. W. P. B. Brooks, Boston. „ Messrs. Tesson and Dangem, St. Louis. „ Messrs. J. K. Doherty and Co., New Orleans. „ Messrs. Raiqueland Co., New Orleans. „ The Jeffersonville Branch of the State Bank of Indiana, Si. Louisville. 190 THE COMMERCIAL CRISIS IN HAMBURG. Nov. Messrs. "Warrell, Coatcs, and Co., Philadelphia, importers. „ Messrs. Joliii Hooper, Son, and Co., Philadelphia, di-y goods dealers. „ Messrs. C. and A. Ives, Detroit, bankers. Dee. Messrs. Thomas and Martin, Pliiladelphia. „ The Central Bank of Fredericton. „ Messrs. Sathcr and Church, San Francisco. „ Messrs. Fiske, Sather, and Church, Sacramento. „ Messrs. Crocker, Stvirgess, and Goodall, Boston. Before the final tennination of the American panic, the banks of New York, Pennsylvania, and other States suspended specie payments, but subsequently, and after general arrangement and reorganization, resumed. THE COMMEECIAL CEISIS IN HAIMBUEG. LIST OF rATLTIEES IN" HAMBURG IS BANKRUPTCY (haNDELS- GEETCHt), FROM NOYEMBEE, 1857, TO 3bD MAT, 1858. Amsberg, Juhus. Balllieimer, Johannes. Belin, Conrad, and Co. Bemdes and Sandtmann. Blass, Ferdinand, and Schombui-gk. Bock, C. Bonne, Anton. Brandt, Ad., and Co. Brauer, Heinr Sohn. Bull, N. R. Dittmer, F. Drost, WilUam, and Co. Christen, Martin Heinr, Theodor. Christie and Co. Cordes and Gronemeyer. Eckstein, F. J., and Co. Elfeld, Ernst. Feddersen, Aug., and Co. Fuchs and Co. Gaedechens and Boreremann. Gliickstadt, R. M. Goldschmidt, Samuel Hertz. Heidsick, H. Hertz, Levin, and Sohne. Hesse, H. F. Heymann, H. J. Hodges, H. R. Hoffman, J. M., St. Horwitz, B. and N. Kail, J. Kleissen, George. Langmack, J. P. Morrison, WiUiam. Miiller, A. (Hempel and Co.) Miiller, M. and J. Neiiber, Carl. Peters, J. and W. Pincus, J. Phnck, J. B. Plomer, Hunt and Co. Pralil and Wiibbe. Roscon, Bei-end, Jr. Ruden, Gustave. Riippel, Ant. Max. Sanne, J. L. Schneider, H. J. H. Schwark, B. H. F. Steen, D. F. Stockfisch and Co. Tauer, Carl. Teves, Th. Thiel, E. and Co. Woldiun, J. B. Zahn and Vivie. Zeiss, Gebriider. T. LIST OF FAILURES IN HAMBURG, UNDER INSPECTION (UNTEB ADMINISTEATOEEN), FEOM NOYEMBEE, 1857, TO 3rD MAT, 1858. (Firms marked ** paid in full ; those marked * have compounded.) Ed. Alders and Sohn. D. Amow. Bach and Raspe. Heinrich Bachmann. Bachof and Overweg. Barbeck and Wall. Georg Belire and Co. P. J. H. Berger Naccf. Buig, Gebi'iider, and Co. Lane, Bodeker Nachf. Hugo, Bohi-es, and Co. Fr. Brandt and Liittjshami.** Carl Busch. Busse and Halske. M. F. Claren. John Chi'istiansen and Co. Sigvardt, Colberg, and Co. Custer, Brunswig, and Co. E. O. Deneken and Co. Dependorf and Co. Dittmer and Kocli. Droop aud Co. THE COMMERCIAL CRISIS IN HAMBURG. 191 F. Duncker and Co. Jos. Edelheim Nachf. J. J. II. Eschels. A. and G. Eidert. M. C. Faursclion and Co. Edii Ferbcr. Fesser and ViaUiaack. Gentz aoid Schlutz. Hudolpli Goedell. Goernc and Co. Moritz D. Goldscluuidt. Eduard Grmun. J. F. Grosz. Gross and Lantzius. Ferd Guntrum.* H. Hald. Hamer, Carl, jr. Siegfi'ied Hannover. P. N. Hansen and Johannsen. Carl F. L. Harder. P. E. Hartenfels Sohne. H. Hartwig and Wilckens. A. Heilbut. Holbeeh and Sommer. Holterman and Co. Huber and Haupt. Hughes, Stobart, and Co. J. C. Jacobj and Solin. F. H. Jacobsen and Co. C. T. Jacoby and Co. H. Heinr Jansen.** Jepsen and Reinier. John and Seeger. C. J. Johns Sohne. Herrm Kelhnann. Klein and Co. G. Kohrs and Co. C. F. Kruckenberg. Lafargue and Hlilssen. Chs. Lavy and Co. Von Leesen and Co. Louis E. Levy. Phillip Joacliim Levy. Jul Lohiner and Uhde. L. F. Lorent ain Ende and Co. G. H. Lutze and Co. Brenny Mainzer. Mankiervicz and Frahm. H. E. I. C. Marquardt. Ludwig Friedi-ich Matliies. Meyer, Gebriider, and Co. Chi*. Nic Meyer. Ferd. F. Meyer. Hermann Meyer. P. A. Milberg. Molmnann and Hermbrodt. Gebriider Moller. Otto Moller. Joseph Munk. J. Nathan & Co.jM.FortlouisNachf.* A. Ohlendorf and Co. L. Peine. Pietzcker and Solui. E. F. Pmckemelle. Predolil and Co. Eeichmann and Wilckens. Reunarus Naclif. J. D. F. Eieck. Biecke, Behrens, and Co. Fr. Reidel and Co. Rohde and Wolff. Fr. Robbelen. C. H. Rover. Gebriider Rviben. Saalfeld, Gebriider. H. W. SheUr. C. Shemmel. Schenck and Co.** J. C. Scldliter and Co.** Theodor Schmidt. J. A. Sclmiidt Sohne. Schnell and Meyer. T. B. Schnitler. W. Scholvien.** L. Schoop and Co. Anthon Schroder and Co. Clii-. Matth. Schroder and Co. Joh. Ant. Scliroder and Co. Oct. Rud. Schi-oeder and Eiffe. F. O. Schuback. Emil Schubart. Schidte and Schemmann. Seeler, Wolff, and Co. Wilhehn Seitz. Sieveking and Co. J. B. Spengel. J. A. Spetzler and Co. H. and P. Spiro. Rud. Stoffert.** Strube and Niebuhr. Suse and Co. C. Trobitius and Co. Ullberg and Cramer. Vogt and Schmidt. Wagener and Enet. D. S. Warbm'g Wittwe and Sohne. Conrad Wai-uecke.** Jens Weile. Ad. Weiszflog and Cordes. Theod. Werhch.** Gustav. Wieler. H. F. Wilcken.** Thed. Wille. Willwater and Co. H. Theoder Winckler. Winekler and Nagel. P. C. Winterhoff and Piper. Witte and Kiimmel.** W. S. Wolff and Kai-peles. Wolfson and Da^-id. M. L. Wvirzbm-g and Co. A. Zacharias and Wendt. Eduard Zodicli and Co. Ziel Balzer and Co. Th. Ziimnermann. 192 SUSPENSIONS IN 1858. SUSPEXSIOXS I^^ 1858. Although the effects of the crisis may be said to hare passed at tliis date, credit was in an luisettled state and many failiu-es took place. Jan. Messrs. Richard H. Wliitficld and Co., Loudon, West India and gene- ral commission merchants. „ Messrs Thomas Callander and Co., Glasgow, hide and leather factors. „ Messrs. Mitchell, Miller, and Ogilvie, Glasgow, wholesale warehousemen. „ Mr. John Ewan, Dundee, manufacturer and export merchant. „ Messrs. William Clapperton and Co., Glasgow, general merchants. „ Messrs. James Bannatyne and Son, Limerick, general merchants. „ Messrs. Arthur and Co., Glasgow, warehousemen. „ Messrs. Joseph Bauibridge and Son, Eotherliithe, timber merchants. „ Messrs. Bishop and Gissing, London, wholesale stationers. „ Messrs. Charles Walton and Sou, ship owners, and sliip and insurance brokers. „ Mr. A. Duclos, Marseilles, South American hide trade. „ Messrs. Matthew Plummer and Co., Newcastle, general merchants. „ Messrs. Clarke, Plummer, and Co., Newcastle, flax merchants. „ Messrs. Smith, Eussell, and Co., Louisville, United States, soap and candle manufacturers. „ Messrs. James Shaw and Co., Huddersfield, woollen manufacturers. Feb. Mr. James Odier, Paris, banker. „ Mr. Charles Hartmann, Hauover, banker. „ Messrs. William Gilmour and Co., Glasgow, woollen trade. „ Messrs. Oak and Snow, Blandford, bankers. „ Messrs. T. Wilson and Co., Baltimore, United States, produce merchants. ,, Mr. Edward Gwyer, Bristol, African trade. „ Messrs. Prtidel and Co., Marseilles, South American trade. Mar. Mr. A. R. Lafone, Liverpool, River Plate trade. „ Mr. H. P. Maples, London, ship and insurance broker. April. Messrs. Maitland, Ewing, and Co., London, East India and China trade* „ Messrs. Newcomen, Noble, and Co., London, East India trade. „ Sii' G. E. Hodgkinson and Co., London, sliip owners and brokers. ,, Robert Browne and Co., London, Austrahan trade. May. Mr. Lafone, Buenos Ayres, merchant. „ Messrs. Zimmerman, Frazier, and Co., Buenos Ayres, merchants. „ Messrs. Pedro, Peyke, and Co., Bahia, German trade. „ Messrs. FeUx Rignon and Co., Turin, silk manufactm-ei's. „ Messrs. Groothoff and Schultz, Hamburg, merchants. June. Messrs. Rawson, Sons, and Co., London, East India and China trade. „ Mr. William Patterson, Bristol, shipbuilder. „ Messrs. Fenn, Kemm, and Fenn, London, wholesale grocery trade. „ Messrs. Bristow, Warren, and Harrison, London, wholesale grocery trade. „ Messrs. Skeen and Freeman, London, timber brokers. July. M. Domingo Fcrreira, Rio Janeiro, merchant. „ Messrs. Larpent, Saunders, and Co., Calcutta, merchants. „ Messrs. Astlcy, WUson, and Co., Rio Jancu-o, merchants. ,, Mr. Charles Snewin, London, timber merchant. ,, Mr. E. A. Skcen, London, timber merchant. „ Messrs. Astley, Williams, and Co., Liverpool merchants. ,, Messrs. Cox, Brothers, Liverpool, iron merchants. „ Mr. W. Jefl'rics, Dudley, iron manufacturer. „ Messrs. Seaman and Keen, London, silk trade. Aug. Messrs. Hyde, Hodge, and Co., Ijondon, mahogany impoi-ters. „ Messrs. C Overweg and Co., Hamburg, merchants. „ Messrs. Allan, Defl'ell, and Co., Calcutta, merchants. „ Messrs. Langlois and Co., Calcutta, merchants. „ Messrs. PorteUi, Schembri, and Co., London, Mediterranean trade. This firm soon paid in full and resumed active operations. THE HANK INDEMNITY BILL. ] 9o Aug. Mr. Duncan Cribh, Liverpool, mcreliant and shipowner. „ Messrs. Rudolf, Junj^, and Co., Paris, silk ti-ade. Sept. Messrs. J. Carmielmel and Co., Liverpool, Honduras and general merchants. „ Messrs. Archibald Montgomery and Co., London, Honduras and Aus- tralian trade. „ Messrs. J. Plowes and Co., London, Brazilian trade. „ Messrs. Pardoe, Hoonians, and Pardoe, Kiddcnninster, carpet niaau- faeturers. „ Ml'. J. G. Moffatt, Birmingham, brassfounder. „ Messrs. George Ciianibcrs and Co., Jjondon, pin and needle manid'aeiurera. „ Messrs. Ascoli, Uartvvig, and Co., Manchester, merchants. ,, Mr. Forll, Milan, produce trade. Oct. M. Duhant, Lille, sugar speculator. ,, Messrs. Wm. Arnold and Sons, London, hemp manufacturers. Isov. Messrs. Plowes, Son, and Co., Rio Janeiro, merchants. „ Messrs. W. J. Grey and Son, Newcastle, coalfitters. „ Messrs. Pickworth and Walker, ShefSeld, builders. „ Messrs. Cowan and Bigg, London and Newcastle, ship and insurance brokers. „ Messrs. James Hyde and Co., Honduras, merchants. „ Messrs. James Davics and Son, London, boot and shoe maaufacturers. Dec. Messrs. Hicks and Gadsden, London, American merchants. „ Messrs. Metcalfe and Co., West Ham, distillers. THE BA^'K INDEMNITY BILL. SPEECH OF SIR G. C.LEWIS, THE CHANCELLOR OF THE EXCHEQUER, ON THE INTRODUCTION OF THE BANK INDEMNITY BILL, IN THE HOUSE OF COMMONS, DECEMBER 4, 1857. Tiie Chancellor of the ExcHECiUEB said, — I rise for the purpose of bringing under the attention of the House the question which, as has been stated in the e-xtract from the gracious Speech from the Throne, has led to the assembling of Parliament before tlie usual time. In order that the committee may fully under- stand the nature of the act of her Majesty's Government which has induced the dh'ectors of the Bank of England to ini'ringe the provisions of the statute, and thus rendered it obligatory upon me to ask tiie House to give its consent to a Bill of Indenndty, it will be my duty to call their attention to the existing state of the law. Sir Robert Peel, in the course of his long political career, induced the Legislature to agree to two important Acts relating to the curi-ency, which weie in point of time separated from each other by a quarter of a century. The first of these Acta, as is well known to the committee, was passed in 1819. It restored the currency to its proper metallic basis, put an end to the state of things existing during the war — a state of suspension of specie payments, and established the convertibility of a bank- note. After that Act had been passed, the power of the Bank of England to issue notes was unlimited in point of extent. They were only subject to the condition of being payable in gold on demand ; and the power of establishing country banks was also unlimited, subject to the privilege which then existed in favour of the Bank of England from the practice in reference to six partners. These banks when estal)- libhed could create any quantity of bank-notes. The same power existed both in Ireland and Scotland. Any person could under that law establish a bank and issue notes payable to bearer on demand, provided only that those notes were paid in specie upon presentation at the bank. That was the state of the law from 1819 to 1844, the date of Sir R. Peel's second important Act on the currency. That secon I Act, be stated to the House, was to be considered as a complement of the first ; lie intended it to secure, in fact, that convertibility of the note which was made legal only by the Act of 1819 ; and the provisions which he introduced were to the following effect: — In the tirst phico, be enal)le»l the Bank of England to issue notes on securities to tlie extent of £14,000, IX)(), together with any furtlier sum \vliicii might accrue from the lapsed circulation of tb.e Plnglish country hanks, as to which some detailed provisions were introduced into the Act. An Ortier in Council under o 191 THE BANK INDEMNITY BILL, tliose provisions was pasfcd about two years ago, amliorizing tlie Bank to add to that portion of its issue wliichrtsts upon securities the sum ot £'475,000. Tlierefoie at present the issues whicli tlie Bank of England can make upon secm-ities — and it is not allowed to make any issues except upon Government securities — is £14,475,000. In addition, the hiw allows the Bank of England to make an amount of issue equivalent to the bullion which may be in its cc iTers. The Act of 1844 further introduced a provision wliich seems to me, although in some manner connected with them, yet to be essentially different in its character from the other provisions — I mean that for dividing the Bank of England into two departments, the issue and the banking department. Gentlemen who are familiar with the mode in which the weekly returns of the bank are published, are aware that the assets and liabilities are always classed under those two divisions. I shall presently have to call the attention of the committee to the practical working of that system with reference to the measure to which I am about to ask their assent. I should add that with regard to English country banks the Act of 1844 contained this important provision — it prohibited any bank which might after the passing of thut Act he established in England from issuing bank-notes. It limited, also, the note issues of the existing banks to the amount wliich was then in circulation. It contained no provision requiring them to issue notes on securities, nor did it allow them to exceed the fixed limit by issuing notes against bullion. Therefore, under the Act of 1844, the condition of the English country banks Is this : — No new country banks can issue bank-notes at all, and the country banks existing at the time of the passing of that Act are limited in their issue to the circulation which they then possessed. In the following year was passed an Act with respect to Scotland and Ireland, which v,-as intended as a part of the same measure. Its effect was to limit the existing banks of Ireland and Scotland to their then issues as in the case of the country banks of England. It did not require that those issues should be guarded by securities of any kind, but it authorized them to make issues in excess of their certified circula- tion against a deposit of bullion. Tiierefore, in Ireland and Scotland there is a certain amount of paper which is limited under the Act, in addition to which the banks issue a certain portion against sovereigns. The committee ought to bear in mind the practical result of this compound system upon tlie circulation as it exists at the present moment. On the 11th of April last the notes of the Bank of England in the hands of the public amounted to £19,752,045, At the same date the note circulation of The English country banks was £6,920,000 The Scotch banks 3,832,000 The Bank of Ireland 3,.")57,000 And other banks in Ireland 3,596,000 Total £17,905,000 Adding that amount to the circulation of the Bank of England, v:e may take the paper circulation of the United Kingdom to be in round numbers about £38,000,0(X). Of that £38,000,000 the only portion which is strictly covered by bullion is that which is issued by the Bank of England in addition to the £14,475,000 which they issue upon securities. The whole of the circulation of the English country banks and the chief part of the circulation of tlie Bank of Ireland and the Scotch and Irish country banks is, so far as the law is concerned, not represented by bullion. The security which the law takes for that portion of the circulation is the legal convertibility of the note — the liability of ihe hankir to pay in specie when the note is presented. This is tlie existing state of the circulation under the diflVrent Acts which regulate our currency ; and it is essential to bear in mind, with reference to the solvency of the Bank of England and the importance of keeping a large bullion reserve in that central establishment, the considerable amount of the provincial issue. When Sir 11. Peel introduced the measure of 1844, he stated that one of the main objects which he had in view was to provide security against the excessive issue of paper, and thereby to guard against the recurrence from time to time of tlujse commercial piinics under which the country had at different intervals suffered previously to 1844. At the same time he stated that he did not propound liis measure as a panacea, or as an infallible guard against such panics, because he said that the issue of bank pa])cr was only one of their causes, and he recognized the fact that commercial panics might arise from causes which did not lie within the scope of his legislation. But in 1817, after the commercial crisis of that year, when it became requisite for the Government to authorize the Bank, if the necessity should Tllli BANK INDICMMTY niLI.. 195 arise, to exceed the limits fixed by the Act of 1844, Sir R. Peel, in tlie discussion which arose, delivered l;is opinions more fully on the suhject thnn he hsid previously done, and he pave a definition, corrected by experience, of his own views sis to rlie objfCts of the Act of 1844, which, :is it contains an authentic exposition of his opinions, I trust the committee will permit me to rend. Sir K. Piel upon the 3rd of December, 1847, said : — "I say, then, that the bill of 1844 had a triple object. Its first object was that in wliich I admit it has failed, viz., to prevent, by early and gradual means, severe and sudden contraction, and the panic and confusion inseparable from it; but the hill hail two other objects, of at least equal importance — the one to maintain and guiiranti'c the convertibility of the paper currency into gold, the other to prevent the diffi- culties which arise at all times from undue speculation being aggravated by the abuse of paper credit in the form of promissory notes. In these two o! jects my belief is tbat the bill has completely succeeded. My belief is that you have had a guarantee for the maintenance of the principle of convertibility .such as you never had before ; my belief also is, that whatever difficulties you are now suffering, from a combination of various causes, those difficulties would have been greatly aggra- vated if you had not wisely taken the precaution of checking the unlimited issue of the notes of the Bank of England, of joint-stock banks, and private banks." That was Sir Robert Ped's definition of the Act after he had become aware of the events of 1847. I may also call attention to the remarks that my right hon. friend near me (Sir C. Wood), who then held the ofBce which I now hold, made upon the measure then brought before the House, as showing that in his view the Act was never considered as a specific against coinmercial panics. He said : — "A complaint has been made that this Act has not preserved us froin coir.me;cial convulsion. I think that those who exp^'Cted such an effect from it much mis- calculated the motives by which persons engaged in commercial transactions are actuated. Certainly, for one, I never hell out any such expectatiotisto the country. I stated most distinctly that I did not contemplate that such would be the effect of the Act Tlie same effects precisely might have occurred under a metallic circulation as have occurred under our mixed currency, and the advocates of the Act of 1844 never professed that its operation would produce any other result than that which might have happened under a metallic circidation." I think that this reference will satisfy the committee that the authors of the Act < f 1844 did not contemplate its proving a panacea or a complete guarantee against the occurrence of commercial crises, which are produced by a variety of causes, upon which no legislation, and certainly no legislation confined to the cun-ency, could operate. I will now briefly advert to the peculiar crisis of 1847. It was described by my right hon. friend, in moving for a committee on the subject, as having been caused hy the absorption of available capital lor the purchase of corn and the construction of railways acting upon a very unsound state of commercial affairs. It arose from internal causes, from an internal demand for a large and extraordinary amount of capital, and had no connection, as in the case wliich we are now considering, with our foreign trade. In 1847, as in the present year, her Majesty's Government, considering the urgency of the commercial crisis, came to the conclusion to issue a letter to the directors of the Bank, authorizing them in certain contingencies to exceed the limits fixed by the law. The cause of issuing that letter was stated to be the want of confidence in the commercial classes which then existed, and its object was also defined to he to put an end to the present alarm. Ahhougli the cause of the panic in 1847 was difFerenc from that of the panic of this year, yet the object aimed at by the issuing of the Government letter in those two years was identically the same. The Bank directors, however, did not find themselves under the necessity of overstepping the law of 1847. Confidence was re-estab:ished by the issuing of the letter. Its influence upon the commercial classes was immediate, and the Bank directors were enabled to navigate their ship through their difficulties without exceeding the limits of the law. Nevertheless, Parliament was assembled before the usual time. The attention of Parliament was called to the matter by her Majesty's Speec'i, but as no Indemnity Bill was required the direct as-ent of Parliament to a bill was not obtained. Nevertheless, a com- mittee of inquiry into the Act was appointed upon the motion of my right hon. friend. That motion gave rise to a debat ■, but 1 believe that it was ununiniously assented to by the House. Sir Robert Peel, who was the author of the Act, expressed himself in terms the most unambiguous, in approbation of the sanction which had been given hy the (lovernmeut to the suspension for a time of the limits fixed by the Act. I shall quote some of his words on that occasion, and 1 think it is of mi])ortance that the committee should bear ihcm in mind, inasmuch as the dis- 196 TIIK BANK INDEMNITY lULL. tinctncRs with which he spoke proves that he, who was certainly hotter quahfied than any other person either in or out of this House, to speak with authority upon tlie policy of the Act, was satiftied of the propriety of the step then taken. He said: — "But when there occurs a state of panic — a state which cannot he foreseen or provided against by hvw — whicli cannot be reasoned with — the Government miist assume a power to prevent the consequences which may occur. There is the neces- sity for a discretion which I think was properly exercised in the present instance. It was better to authorize a violation of tlie law than to run the risk of the conse- quences which might have ensued if no intervention on the part of the Govern- ment had taken place Sir, I think that the Government were justified in issuing that letter. I think tliat, having issued it, they acted with the strictest regard to constitutional principle in forthwith summoning Parliament." Tiiat was the judgment, if I may say so, which Sir Robert Peel pronounced upon that question. But the matter did not rest merely with the appointment of a com- mittee, and the approbation by individual members of Parliament of the step taken by tlie Government. On the I7th of February, 1848, Jlr. Herries, who was then a member of this House, moved two resolutions in a committee of the whole House, the first of which confirmed, in a most distinct manner', the policy of the step. It was in these terms : — "That, looking to the state of distress which has for some time prevailed among the commercial clashes, and to the general feeling of distrust and alarm by which the embarrassments of trade have been aggravated, it is the opinion of this House that her Majesty's ministers were justified, during the recess of Parliament, in recommending to the Bank of England (for the purpose of restoring confidence) a course of proceeding at variance with the restrictions imposed by the Act of the 7th and 8th of Victoria, cap. 32. " That this House will resolve itself into a committee upon the said Act." That resolution was put and carried without a division, from which it is manifest that the House, upon a consideration of the subject, explicitly approved the act of the Government, But a select committee was appointed to inquire into the Act of Parliament, and several most able and competent witnesses gave evidence before them. In their first report, dated the 8th of June, 1848, they said : — "The issue of that letter was no doubt an extraordinary exercise of power on the part of the Government, but the House has decided that in the peculiar circum- stances of the period they were justified in taking that step." Therefore the committee — perhaps, it is a solecism to say so — adopted the resolution of the House; at all events, the committee, after great consideration and inquiry, referred to the previous resolution of the Hoiise as embodying their own opinion. Having thus, I fear at too great length, but with a minuteness which I thought the importance of the subject required, stated what took place in 1847, I will now, with the permission of the House, call their attention to the events which are now imme- diately under our consideration. With regard to the commercial crisis into which we liave lately entered, and from Avhich I think we can scarcely be said yet to have emerged, it may be observed that no symptom of an alarming or even of a threaten- ing character (if we compare the bullion and reserve notes of 1856 and 1857) mani- fested itself until about the 18th of October. From that day a perceptible deteriora- tion began. The bullion in the Bank fell between the 10th and the 18th of November from £10,110,000 to £6,484,000 ; while the reserve notes fell during that period from about £4,500,000 to about £1,400,000. But before that time it cannot be said that anything occurred which could create uneasiness in the course of affairs at the Bank. The immediate cause of the crisis was, as must be within the knowledge of most of the hon. gentlemen who are now present, unconnected either with the management of the Bank or with any issues of paper money in this country. It grew out of the derangement of the American trade, supervening upon some previous inconveniences created by the Indian revolt, the shipment of bullion, the disturbance of the Indian trade, and, to a certain extent, speculation upon the Continent. How- ever, it tnay be said that the almost exclusive cause of the commercial distress was the derangement of the American trade. For some months previously to November the foreign drain of bullion was accompanied by an adverse state of the exchanges and a high rate of discount at the Bank. On the 2nd of April it was at (>i per cent., on the 18tli of June it was 6 per cent., on the 16th of July 5^ per cent., on the 8tli of Octolier it was raised to 6 per cent., factory state.' Tiie assignees offered no 0])positicn. Mr. L.UVRANCE addressed the Court on behalf of the bankrupts. He presented the case to his Honour as one of great misfortune. Tlie firm of which the present appli- cants were members had been established in the city of London for nearly a century, and was for a long period regarded as one of the most respectable and quite as solvent a house as any other in the trade. It was true their losses had been great, but they had not been incurred by excessive speculations, or engaging in wild projects, but arose in the ordinary way of their business. The balance-sheet commenced in 1841, and the Court would perceive that they had a capital at that time of i'l,3U0. The CoMMissioNEB remarked, that he was not satisfied that the capital set down in the balance-sheet was a honajide one, and wished to know of what it consisted. Mr. Lawrance replied, that it was composed of debts due to the house at tiie time, which were tlien considered good, but which had since become bad. For the unfortunate events which had since happened in the mercantile world, and which destroyed this capital, the bankrupts could not witli justice be held accountable. They put down their capital in 1841 at what they then considered a fair estimate, •ind had a perfect right to do so. It was true the capitnl, as compared with their pi'esent liabilities, seemed small; but the Court would recollect that the chief business of this house was commission, which did not require a large capital. That tiie trade was not quite a losing one was shown by the fact that the profits were ±'59,000, whilst the trade expenses did not exceed ±'26,000. There was another creditable feature in this case, that so far from his clients having gone on recklessly increasing the amount of their liabilities, his Honour would perceive, from the proceedings, that as their means of payment diminished, so did their contraction of fresh debts, and that there was a striking difference between the amount of debts incurred in the months of February and September of the year in which they failed. This arose from no inability on the part of the bankrupts to obtain goods (their character was such that they could, at almost any period before their failure, get credit to a vast extent), but from a conseientieius feeling that they ought not to imperil the property of others. The official assignee had remarked in his report that the assets were small. Had the bankrupts been knavish, this would not have been so. They would have got in ±'20,000 or £30,000 worth of goods a month or two before they stopped, and although their liabilities would have been increased to that amount, the amount of dividend would have been very different. There was no allegation, nor even a suspicion, that property had been clandestinely removed, or that there had been the slightest tinge of fraud, either after the fiat, or during the whole covn-se of their mercantile career. They had not attempted to prop up their credit by accommodation bills, nor to save themselves from ruin by selling goods under cost price, or by false representations to creditors. The Commissioner remarked that their losses were large. Mr. Lawrance — I urge tliat as an extenuating circumstance — the cause of mv clients' failure. They lost ±20,000 by a single house in St. Tliomas's, and there are eight bad debts incurred in the ordinary way of trade, which amount in the agsregate to no less than ±53,000. They were ruined by that disastrous monetary pressure and commercial embarrassment, wiiich brought down more extensive although not perhaps more ancient or respectable houses. In a valuable work, entitled the Commercial Crisis* which contains an admirable history of that calamitous period, your Honour will see the causes which led to one of the most terrible commercial crises thnt ever occurred in the annals of this country. The question then was, not which house was likely to fall, but which of them could possibly stand. My clients were obliged to suc- cumb. Bnt, when they saw tluit stoppage was inevitable, they must be commended for the course they took. They at once submitted their aflairs to the administration of this Court. Where the tree fell, there it Liy. Since the bankruptcy they have done all they could to assist tiieir creditors; and I beg your Honour to note thnt no individual creditor opposes, !;nd that the assignees are silent. You will aUo observe • rubliehod hr T.ctfs, Son, and Sterr, 8, Roval Eichang?. IV APPENDIX. tliat tlierc are no law costs, and no interest. I regret to liavc to inform you that pecuniary diiriculties are not the only sufferings my clients have had to contend witli. The hand of misfortune has pressed heavily upon the memhers of this house. One of thera has, since the issue of the fiat, sunk into the grave, and another is physically and mentally paralyzed. The surviving partners now present them- selves, and entreat your Honour not to superadd to their past sufferings the stigma so much dreaded by mercantile men — a suspended certificate. They ask you to take into account the whole course of their mercantile career — the causes of their calamity, the assistance which they have given to their creditors since the fiat, the length of time during which they have been before the Court, the absence of any oppo- sition on the part of creditors — and, taking all these things into your consideration, they feel assured that you will not for one day withhold the certificate. Judgment deferred. BENSUSAN AND CO. CoDKT OF Bankkuptct, April 18. The bankrupts in this case failed in the panic period of 1847, and to-day was named by the Commissioner for giving his judgment on the question of certiticate. Messrs. Rixon and Son appeared for the assignees ; Mr. Lawrance for the bankrnpts. His Honour, in giving judgment, said — That this fiat was issued in 1S47 against the four bankrupts, Moses L. Bensusan, Jacob L. Bensusan, Samuel L. Bensusan, and Joshua L. Bensusan. With respect to the first-named bankrupt, who had died since the fiat was issued, there was little to say, but it might be stated that, from what could be ascertained, there appeared every reason to believe that the management of business, considering his age and infirmities, was past liis con- trol. It ought, also, to be noticed, that his expenses had been exceedingly moderate ; and, under such circumstances, it might be some consolation to his 'family and friends to know that the Court, had he lived, would in all probability liave granted him his certificate immediately. He was sorry, however, to say, that with regard to the position of the firm generally, the Comt could not oine to so satisfactory a conclusion. He (the Commissioner) had Lioked carefully over the voluminous proceedings which had taken place under this estate, and he found that, in January, 1841, the business of this firm with four partners was based upon a nominal capital of 4:1,345 only — he said a nominal capital, because, in reality, they then possessed no capital at all, but were, in fact, insolvent, since, included in this estimate of capital were three debts, one of iG,000, due from the old firm of Bensusan and Brandon ; a second of £4,000, from the house of Hassan ; and a third of i;8,000, from Pariente, making a total of what shortly proved to be i'lSOOO bad debts. Viewing, then, their situation in this respect, and giving them credit for their assumed amount of i'1,345, they were in truth upwards of i'lG.OOO worse than nothing. From 1841 up to the time of their bankruptcy, the amount of profits was stated at £58,000 ; but then the item of trade expenses and losses was put down at no less a sum than 180,000, so that there was a deficiency on that account of 4;27,000 ; and yet, in spite of that deficiency, the partners had managed to absorb, in the shape of private expenses, the immoderate sum of 125,000. The result of such a course of trading might he easily conceived. This estate, with debts and liabilities to the extent oi' l'58,000, possessed assets, from which not more than .i'1,200 would be realized ; and tliei-efore, allowing for the costs of investigation, it ■was impossible that the joint estate could be estimated to pay 4tZ. in the pound. And now to enter more minutely into their conduct as traders. Their books were carelessly kept, so much so, that it had been found utterly useless to depend upon them, and hence, since the bankruptcy, it had been deemed necessary to raise new accounts for the purpose of elucidating their affairs. The bankrupts, associated as they were in family, could not, therefore, be exonerated on that ground, and must take the conS'^quences of that dereliction of duty which attached to rendering insufficient accounts. But there was another objection in relation to accmnits which weiglied in the mind of the Court, and that was a certain secrecy and mystery which had boon observed in keeping the books. One of the brothers complained of not having been allowed to see the accounts, notwithstanding his urgent repre- sentations, and he (the CommisFioner) must express his opinion that whenever such secrecy was practised, it must be regarded as a badge oi misconduct. The reputable manner of keeping books was to keep them in such a manner that every body interested might be well acquainted with their contents, in order that, if error or misstatement arose, it might at once receive correction, and that they might (if ever it were required) reveal to creditors, in a clear and straightforward course, ArTENDIX. V the whole of the trader's transnctlons. lTfivInt on Messrs. Trueman and Cook, and discounted by the Bank i f England, I may add that the Bank has been paid 12i-. in the pound upon it out of the estate of Messrs. Trueman and Cook, and a further dividend is expected. As regardedthe general aspect of the case, he would make a few observations. The bankrupts, finding the West Indian trade a most unprofitable one, determined to give it up. At the time they did so they anticipated APPIINDIX. XI losses from their We-t Indian property, but to notliinn; like the extent wliicli subse- quently occurred. Cruiiishank withdrew from the firm, but Melville and Co. determined upon carrying on those branches of the business which they thoufiht least liable to fluctuation. Wh.'it chiefly induced them to take this course was, that a gentleman named Oddie, with wliom they were intimate, offered to place his sun in the firm, and to advance £20,000 as his capital. He held in his hand a deed, dated July, 1846, made betweeu Messrs. Melville iind Street and John Oddie, which was a deed of co-partnership between the parties just mentioned, but wiiich was not executed, because John Oddie had not then attained his mnjority. Oddie's father died, and tiie aspect of aftairs of the house of Melville being altered for tlie worse, he never became a partner, but advanced to the firm about ±14 000, for which sum he was now a creditor against the estate. In 1847 the bankrupts stopped payment, finding it impossible to hold out longer. From that period their afl'airs were virtua.ly in the hands of their creditors until the tiat was issued at the instance of the Biink of Enghand. Mr. Dento.n — The affairs of Melville, Cruikshank, and Co. were not in the hands of their creditors, but in the hands of Trueman and Cook. It was for the purpose of investigation that the fiat was issued. The Commissioner — Am I now to understand that the Bank is satisfied with the conduct of the bankrupts as regards Trueman and Cook? Are they satisfied with their conduct as merchants and traders? Mr. Denton said the Bank did not wish to pursue a course different from that pursued by the body of tiie creditors. Their main object was to obtain a full and searching investigation, and for tliat purpose the fiat was issued. The information of the assignment of property to Messrs. Trueman and Cook came upon the Bank by surprise. They procured inquiry, the result of which was now before the Court, and would be sati-ried witli liis Honour's decision upon the facts before him. Mr. Lawrance said it was plain there was no collusion, or the slightest tinge of anything like dishonest or dishonourable conduct on the part of his clients, for if it were otherwise, the Bank would liave undoubtedly opposed them to the last. The Commissioner — Do you think that the Bank of England would have dis- counted that bill, of which they were the drawers, if they knew that they had assigned all their property over to a creditor, and that they were utterly insolvent? Mr. Lawrance — Probably not. The bill was in all likelihood discounted in con- sequence of the acceptors being Messrs. Trueman and Cook, who had then unlimited credit. Tiie CoMMXSSiONEB — The Bank did not know it was an accommodation bill; but the Bank did not merely look to the names of Messrs. Trueman and Cook, but to those of the bankrupts also. He believed it was their custom to regard every name on a bill. Mr. Laavkance said he believed the names of his clients stood high in the Bank, but Messrs. Trueman and Cook stood higher still. Mr. Elsey was understood to say tnat wlien the bill was discounted, the Bank was not aware of the position of the bankrupts' affairs; and he was also understood to say (but he spoke in so low a tone that he was not distinctly heard) that the Bank considered the bankruptcy ratijer the result of adverse circumstances, over which the}- had no control, tlian of actual misconduct. Mr. Lawrance remarked that his clients had opened an account at the Bank for a considerable time. It would be, no doubt, better if the transaction to which the Court had referred had not taken place; but, after all, it was an isolated occurrence. Messrs. Trueman and Couk had value in their hands; it was to satisfy their just claim the money was obtained; only one of his clients was a party to it, and although he admiited tiiere might be irregularity and impropriety in the transaction, there was nothing worse. But lie had now to Cidl the attention of the Court to the main features of tliis truly lamentable case. Here was a house of first-rute respecta- bility, which had carried on a most extensive trade with diflerent parts of the world — which started with a large capital — which for more than twenty years carried on a most prosperous business — wliich could not be accused of wild or excessive speculation — which kept its books in the most regular manner — and which had a name and a credit scarcely second to those of any British merchant — here was this eminent firm completely cruslied and ruined. And ruined by what? By an act of the Legislature. Did he state anything novel — was the case of this house singular? Not at all ; hut tlie wonder would have been if, amongst the general wreck, his clients' credit and fortunes could have survived. He would refer his Honour to an admirable work which he had had often occasion to quote— the Comm rcial Crisis, APPENDIX. by Mr. Evans, and in the second edition of that work his Honour would perceive the awful extent of the calamity and the enormous sacrifice of property that had taken place in consequence of the Sur;ar Bill. lie would read to his Honour the following authentic tabulai' return, showing the depreciation which had occurred in West India property: — Slavery value. £ 120,000 65,000 55,000 80,000 70,000 45,000 After abolition. After aboli- tion of ap- prenticeship. Since passing Sugar Bill of 1845. Windsor Forest Estate La Grange Estate £ 60,000 32,000 27,500 30,000 25,000 20,000 £ 45,000 26,000 23,000 20,000 17,000 15,000 £ 5,000 5,000 Belle Plaine Estate 3,500 Eabacca E state 6,000 Prospect Estate 3,000 Richmond Hill Estate 5,000 435,000 194,500 146,000 27,500 Slavery value £135,000 Estimated present value 27,500 £407,500 Or equal to 93 1 per cent, on original value. Mr. Lawrance concluded by reminding the Court of the monetary pressure at the latter period of the bankrupts' trading, when even Mr. Gurney, the banker, according to his evidence before the Parliamentary Committee, quoted in the Commercial Crisif!, declared he was obliged to pay 9 per cent, for money. Taking all these things into account — recollecting that the creditors were satisfied with the conduct of his clients — the long interval that had elapsed since their stoppage — the regularity of their book-keeping — the high and honourable reputation they had long borne— the disgrace that would attach to even the shortest period of suspension — bearing in mind that they were the victims of legislation, and that if protection had been continued to our colonies, this house, so far from being insol- vent, would be extremely wealthy; and also remembering that since the fiat they bad given every assistance to their creditors, he felt satished the Court would at once grant the certificate. The Commissioner said that everybody must lament the severe losses those gentlemen had sustained in the course of their trading. If he were to consult his own feelings, nothing would afford him greater pleasure than to grant the certificates at once, and allow them forthwith to resume their position as merchants; at the same time, he must not forget what was due to the public, and to the principles upon which trade ought to be regulated. The bill transaction with Messrs. True- man and Cook, at a time when the bankrupts were winding-up their affairs, seemed a most unmercantile one, and required consideration. Tiie high position the bank- rupts occupied made it the more necessary to scrutinize anything doubtful in their comluct, and if the charge were established, to award a proper measure of punish- ment, lie did not mean to say that he would not take into account the effect of a suspension of the certificate upon such men, nor the causes which had been mainly productive of their losses. As to what had been said of the " ruinous policy " of Parliament in removing protection from our colonies, he had nothing to do, but might remark that it frequently happened that legislative enactments which in- flicted individual suffering were productive of great public advantage. Judgment deferred CouKT OF Bankruptcy, August 8. {Before Mr. Commissioner Ifolroi/d.) His Honour gave judgment in this case this morning as follows: — The judgment in this case has been somewhat deferred, in consequence of the bankrupts wishing to lay before the Court a memorial or further statement explanatory of the assign- ment to Messrs. Trueman and Cook, and of the discount transactions with the Bank of England. Tiic statement has been communicated to the solicitors cf the Bank AITENDIX. XUl of England and of Messrs. Trueman and Cook. The lattci* assent to its reception, and the B:ink docs not oppose it. Now, of those cases in which the Court of Bank- ruptcy is from time to time called upon, either by creditors or from what appears on tlie balance-sheet, to refuse or suspend a bankrupt's trader's certificate, there nre many which require careful examination and anxious tliouglit, in order rightly to discriminate between accident and fraud, misfortune and misconduct; but I have rarely liad any question to dispose of which has given me so much painful reflection as the case upon which I am now to pronounce judgment. I have felt and been im- pressed with tlie acknowledged respectability and the previous high commercial position of the parties before the Court, as well as with the heavy and severe losses which they undoubtedly have sustained. On these grounds I more deeply lament the obligation upon me to add that there are circumstances in this case exhibiting conduct inconsistent with that openness and frankness of dealing which are the great and peculiar characteristics of a British merchant, and which a banker more especially expects at the hands of a merchant by whom he is solicited for pecuniary accommodation. Indeed, the merchants of this country, as a body, arc a state and degree of persons not only to be respected, but to be regarded at all times with the most lively interest. It has been truly said of our merchants, "they are in na porta, and if they floui'ish not, a kingdom may have good limbs, but will have empty veins and nourish little." Hence the shock given to credit, and the consequent ahii-m and anxiety which for a time prevailed after the late extensive failures when (to use the words of a great man applied on another occasion) "it was in truth a crisis to try men's souls; for a while all was uncertainty and consternation; iill were Seen fluttering about like birds in an eclipse or a thunder-storm; no man could tell whom he might trust; nay, worse still, no man could tell of whom he might ask anything." At this critical juncture her Majesty's Government forti;nately inter- posed its hand, and by a temporary measure of a remedial nature, restored the con- fidence which is necessary for carrying on the ordinary dealings of trade. With reference to this period, valuable information is contained in a recent publication, the Commercial Crisis, 1847-48. Mr. D. Morier Evans's work furnishes an interest- ing though painful memoriiil of the combination of causes which ltd to the downfall of so many of the large commercial establishments in this kingdom. There is matter, moreover, in the same work which may be of use, and operate as an instructive warn- ing to the mercantile and manufacturing conmiunity for time to come. It will not admit of doubt that when a want of confidence is once created, some may find them- selves unable to meet their engagements, although they may be perfectly solvent; but compaiing the liabilities of many of the failed firms with their assets, I question whetlier it would not have been irrucb better for themselves and their creditors if a greater part of them had been oliliged to stop much sooner than they actually did. Tlie danger of a depai-ture from sound principles in the con^luct of commercial afl'airs — tlie system of over-trading — the locking up of capital — the disregard of the necessity of a due proportion between capital and credit — the making no sufiicient distinction between borrowed and real capital in the nature and amount of risk incurred — the abuse of the facility afforded for procuring aid through the discount of bills, by incurring liabilities in this way beyond all prudent bounds— the illegiti- mate mode of obtaining advances upon forthcoming crops, and upon goods in many cases before they were shipped, and in others before they were manufactured — these several circumstances, not to mention the princely establishments in some instances kept up, are disclosures apparent froin the balance-sheets and their results of the majority of the houses which fell in the city of Londoti during that memorable period. Lord Bacon says, "Young men in the conduct and manage of actions em- brace more than they can hold, stir more than they can quiet, and fly to the end without conbiderution of the means." May not a like moral and intellectual blind- ness be aptly attributed to some of our too sanguine and speculative merchants in their late commercial career? The assertion I am now going to make may possibly, to some persons, seem paradoxical at first sight. I deplore the sufferings occasioned by our late difficulties, and sympathize with those who have been un- fortunately exposed to privations, and to which I fear many are still subject ; but, at tlie same time, I believe that our past misfortunes afl"ord a circumstance favour- able to our future hopes. Undoubtedly the most likely ways and means are not always efTeetual for the attaining of tlieir end; there are secret workings in human aflfairs which override all human contrivance, and counterplot the wisest of our counsels, " The race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet power to men of skill ; time and chauce hai)pent.th to them all." But, however inclined we maybe to \1V APPENDIX. tliink that the distresses of the commercial interests have beeu iii a gi'eat measure occasioned by circumstances over wliich tlie merchant had no control, a sober review of past occurrences must convince us of the imprudent abandonment b_v many of our men of business of tlie ordinary rules of comnifrcial reasoning. They have at least gained experience by wliat has happened, ami " experience Is the mother of wisdom," and we are tauglit sagacity by exposure to misfortune. I look, tln-n, for greater prudence in commercial projects, and a t-ounder system of trade; above all, I trust that merciuints and traders will be more prone to remember, and act upon, the admonition, that paper credit must ever bear a due proportion to tlie quantum of their existing capital, or, in otlier words, to tlieir real intrinsic ability or wealth. By thus keeping the accommodation system within its proper legitimate limits, and preventing an undue stimulus to trade, with its attendant reaction — by thus using the legitimate means we may hope for good success, and be expectant of a more permanent increase of that commerce, which, " whilst it is the main source of strength and power to this country, contributes in no less degree to the happiness and civilization of mankind." " Instructed ships shall sail to quick commerce, By which remotest regions are allied, "Which makes one city ot the universe. Where some may gain and all may be supplied." But to proceed with the case before the Court. The firm of Cruikshank, Melville, and Stieet was one in the list of houses wliose failures were announced during the eventful time of which I have been speaking. They carried on business as East and West India merchants. Messrs. Trueman and Cook, colonial brokers, in the J ears 1843 and 1844 were largely under advances to the bankrupts, and on the 31st of December, 1844, the debt due to Trueman and Cook amounted in round numbers to i;89,000. As security for this there were from time to time deposited title deeds and otlier documents relating to several plantations, ships, properties, and undertakings by letter in the nature of equitable charge.-. The total amount of the creditors ot Cruikshank and Co. on the 1st of January, 1845, was about i396,000; but taking their debts and properties at that time (consisting of good debts, con- signments abroad, produce in hand, ships and shipments, patents and estate^) at the value assumed in tlie capital account, there appears a balance in favour of the firm amounting to about £'36,000, and although in general the value of the property is over estimated by the owner, 1 cannot say that the bankrupts were not justified in estimating tlie debts due to them and their properties as good to the full extent for which they take credit in their capital acci unton the 1st of Januai'y, J845; but the realization since, actual and expected, shows the sad and ruinous loss of above £'190,000, or nearly 50 per cent. The large amount of the liabilities of the house of Cruikshank, Melville, and Co., in January, 1845, is, 1 think, thus accounted for : — The bankrupts say, " The productiveness of West India estates had been reduced, by the emancipation of the negroes and by the abolition of the apprenticeship, to an imprecedentedly low point, and their recovery from this great depression, although in progress, had been slower than had been anticipated either by the Government or by those interested in these properties, thus rendering a much larger advance of capital necessary than had been expected." Now, it is matter of history that " from 1842 discounts had been easy and money plentiful ; the funds maintained a high rate, low interest could only be obtained. In 1844 it was remarked that there liad been a larger continuance of a plentiful supply of money than had occurred in the memory of the oldest capitalists." This state of the money-market, and a hope of tlie revival of colonial affairs, might naturally induce tlie bankrupts to go on longer and to a greater extent witii borrowed means than they would have done could they have foreseen or even conjectured the calamitous course ol' events which the veil of futurity at that time concealed from them. The official assignee in his report says: — "In explanation of the great deficiency arising in the i-ealization of the above debts and properties of the bankrupts, they state that in consequence of the depression in the value of West India sugars, and the admission of slave-grown sugar in 1840-47, many of the debtors to whom they iiad made advances on account of their cro[>s grown on the West India .^ugar estates, became totally bad by reason of the produce not paying the expenses of cultivation, and the estates becoming of mere nominal value, and this statement is, to a great extent, borne out by the balance-sheet, which shows the following result" — then, after giving the debtor and creditor account on the balance-sheet, he adds, " the losses which form the principal Al'PENDIX. XV features in the balance-slieet, as accounting for the total absorption of the capital and deficiency of assets, are thus analyzed : — By West India estates, being a difference between their cost and present value £90,535 2 1 Ships 20,573 2 8 Bad debts 68,359 15 3 Adventiu-es to Sydney and elsewhere 10,560 16 7 Merchandise 6,756 10 3 £196,785 6 10 I find, then, at the time of this bankruptcy, tlie firm of Cruikshank, Melville, and Co., having been in a course of liquidation for above three years, owe about £192,000, and their loss, as I have before stated, is above ^'196,000. The capital of Mr. Cruikshank in January, 1845, and added since, was about i'25,006, part being borrowed on security of property; of Mr. Melville, between ^£17,000 and ±'18,000 all his own ; and of Mr. Street (principally borrowed), between ±9,000 and ±10,000. The trade expenses (including ±1N,689 for interest on Trueman and Cook"s debt), amount to ±25,967 np to July, 1846, when the firm of Melville and Co. commenced. The drawings of tiie partners during the same period are as follows : — P. Cruik- shank, ±2,234; J. Melville, ±1,133; and W. F. Street, ±1,014. The assets under this estate for creditors will be nothing. Under the partnership of Melville and Co., formed the 1st of July, 1846, after about fifteen months' trading, I find the unsecured creditors amount to ±27,884, in addition to ±14,635 claimed against the estate, being the sum advanced by Mr. Oddie as part of the intended capital of ±20,000 of his son, then a minor, who, when of age, was to have joined the lirni. The greater portion of this sum was applied in discliarge of debts of the old firm of Cruikshank, Melville, and Co., which were adopted by Melville and Co. to secure to their house certain mercantile accounts. The liabilities are ±38,224; the losses about ±29,000. The official assignee says, " The lease of the premises in Austin Friars, which was given up by Messrs. Trueman and Cook, has produced ±300, and that there is no chance of any other assets." Under Mr. Cruikshank's separate estate, I find : — The creditors unsecui-ed £32,291 Creditors holding secm-ity 27,704 LiabUities 20,871 His capital, January 1, 1845 27,380 His losses, about 44,000 About £160 has been reahzed under this estate, and notliing more is expected. Under Mr. Melvdle's separate estate I find : — The creditors (secured and unsecured), £33,510 ; securities valued at £14,262, leaving unsecured £19,218 Liabihties 9,000 Capital, January 1, 1845 2,790 o Losses 3,858 Property given up, estimated at £1,429, but realized about 1 ,100 o Under Mr. Street's separate estate, I find : — The creditors miseciu-ed £31,535 Creditors hokhng security 1,280 Liabilities 7,009 His capital, January 1, 1845 482 Losses, about 10,818 Baddebts 12,083 His property, about 1,500 Gooddebts* 123 Of this about £930 has been realized, and nothing more is expected. Now, looking at the figures of the different items in the several balance-sheets XVI APPENDIX. to which I have just adverted, I think we have but an unfavourahle comment on the latter part of the bankrupts' mercantile course; nevertheless, under the peculiar circumstances of tlie times, and considerinjT the period which has been sutl'ered to elapse since their failure before the issuing of a fiat, I would gladly have confined my attention to the losses sustained by the bankrupts, and in such view I would fain have treated this case simply as an ineffectual attempt by a merchant to wind up his affairs dehors the Court of Bankruptcy; but, thougli hiclined to make great allowance for gentlemen struggling against a heavy weight of adversity in their affairs, the course which the bankrupts pui'sued, upon finding themselves placed in such difficulty as not to be able to meet their ordinary engagements in the usual course of business, compels me to go further. On or about the 7th of July, 1815, the bankrupts, by deed, assigned to Messrs. Trueman and Cook, or, rather, to James Fairlie, Thomas Depnall, and Robert James Eouse, two of whom were clerks in Messrs. Trueman and Cook's employ, property and debts valued at that time at .€131,510 5.9. 2d. (which may be considered the greater portion of their estate), in trust to secure the payment of the debt due by the bankrupts to Messrs. Trueman and Cook, and which was taken at £89,037 4s. \d., the amount due on the 1st of January, 18-15. Under this deed the trustees were authorized to make advances for the cultivation of the estates, and to realize, at their discretion, and after p.ayment of the debt due to Messrs. Trueman and Cook, the residue to be held in trust for the bankrupts or their creditors; but, notwithstanding this assignment, the bank- rupts, in their books, treated the properties and debts so assigned as their own, the accounts being continued as though no such assignment had been made. Tlie trustees have realized a portion of the securities, and the proceeds have been paid to Messrs. Trueman and Cook, who have, since the fiat, tendered an account, which has been adopted by the bankrupts, showing an excess of payments beyond receipts, thereby increasing their debt, which now amounts to i'117,600 10s. M. In the memorial which the bankrupts have laid before me, they ai'e desirous of drawing my attention to the chief motives and reasons of this assignment, and that it should not be judged of by the result; to the importance of carrying on effectively and continuously the cultivation of the West India properties — that by the assignment in trust this object was considered to be secured for the benefit of all concerned, as well as of Messrs. Ti'ueman and Cook, and that it was fully expected, at the time it was executed, that the properties would not only eventually supply the means of pitying all claims, but would leave a surplus for tlie partners. In this view, they say it was considered most desirable to obtain the hearty co-operation of Messrs. Trueman and Cook; and that this was really effected, the further heavy advances made by them subsequently afford ample evidence. They further say: — " This assignment, although not formally announced hy circular, was known to our btmkers, to the proprietoi-s of those West India estates upon which we had been obliged to make such heavy advances, to nearly the whole of our unsecured credit- ors, and very generally in the money-market; indeed, we may say that the support we were receiving fa-om Messrs. Trueman and Cook, pending the expected recovery of the West India estates, was all but universallj' known." The bankrupts state that " the assignment to Trueman and Cook was not wholly a new transaction, but was, to a great extent, the merely putting into a formal legal shape several equitable assignments, which had been made to them at various dates previously, for advances wliich they had made to us; neither was it an assignment of our entire estate and ell'ects, but, on the contrary, we had other assets in hand, and forthcoming, from which w"e did actually make payment to other creditors." Notwithstanding the further explanation thus given by the bankrupts, it appears to me, looking at tlie schedule of properties assigned by that deed, and regai'ding it in connection with the assignment of properly to Martin, Stone, and Co. (their bankers), that the state- ment of the official assignee is fully borne out. I think there can be no doubt but tliat the bulk of the bankrupts' property passed from them under the assignment of Trueman and Cook, and it is also clear tliat the assignment conveyed to Trueman and Cook nmch property over which tliey h:,d no previous equitable charge, and herein the b;inkrupts were not only following a mistaken judgment, but they proceed to carry out their views in a culpable manner, and, although success would Ijave admitted of no examination, the contrary allows of no justification of the means. The moment the bankrupts signed that deed their independimce as merchants was gone. Amongst the propety conveyed, I observe the premises of the bank- rupts in Austin Friars, in which tliey carried on their business. Considering the state of the bankrupts' affairs at the time the assignment was made to Trueman and Cook, and regarding the assignment itself with reference to the circumstances of AITEXDIX. XVll • tlie transnction at the time, 1 think the bankrupts oiip;lit not to have taken tliat step without first cnllinfi their creditors together, and ohtaininj^ their consent to such a course; hut, having taken it, they are chargeable with another breach of commer- cial duty, in treating tlie properties and debts so assigned as tlieir own, and con- tinuing tlie accounts as if no such assignment had been made. The Bank of Eng- land, too, were ignorant of this assignment ; the circumstance came upon them by- surprise. Now, the intention of Messrs. Cruikshank and Co., in making this assign- ment, may have been good, and a good intention m;iy in some measure extenuate; but it will not be an excuse to justify a deviation from the plain and obvious rules of duty. To clamber over fences of duty, to break through hedges of right, to trespass upon hallowed enclosures, may seem the most short and compendious way of getting "where one would be, but doth not a man venture breaking his neck, or scratching his face, incurring mischief and trouble thereby ?" Tie bankrupts, having thus divested themselves of the bulk of their property, afterwai-ds carry on their business in their own names, apparently as free agents, and on their own account, and although, as between themselves, it might be understood they were to enter into no new engagement, still, in all contracts concerning negotiable paper, as well as in any other usual mercantile transaction, any one partner had full power to bind the firm, the partners, by their course of proceeding, gave reciprocally to each other the power of acting, the one for the other, in the partnership business, in the same manner as if no assignment had been made to Trueman and Cook; thus each partner was the cause or occasion of confidence or credit being subsequently reposed in any one of the partnc-rs in any matter witliin the scope of tlie partnership concerns. It was during this period, namely, in August, 1847, that Mr. Street, without consulting his partners, took the bill for i67,800, which was drawn by iiim in tlie name of his firm (Cruikshank, Melville, and Street), and accepted by Trueman and Cook, to the Bank of England for discount. The bill was discounted, and the amount handed over to Trueman and Cook for the purposes of the assignment. In the memorial to which I have referred, the bankrupts make a further statement, more fully detailing the circumstances under which the hill for t£7,800 was drawn. The expla- nation there given, however, does not appear to me to absolve the bankrupts from culpability. Mr. Street wishes that the responsibility of that act should rest M'ith him, as the bill was drawn and sent into the Bank of England for discount without his consulting Mr. Cruikshank or Mr. Melville respecting it; but, for the reason which I have before given, altliough the main weight of blame may lie upon Mr. Street, Mr. Cruiksiiank and Mr. Melville cannot altogether exculpate themselves at the expcEse of their partner. With respect to the discount of that bill, the bankrupts say that " Mr. Street being aware how very generally it was known in the City that Cruikshank, Melville, and Co. had been for nearly two years in liquidation, and, also, that during that liquidation, they were being supported by Messrs. Trueman and Cook, he considered that the bill was discounted by the Bank entirely in reliance upon the names of Trueman and Cook, whose credit stood very high, as is evidenced by the fact that, at the time of their suspension, the Bank held their accept- ances to the extent of more than ,£60,000. Judging, however, of the discount of that bill by the ordinary rules applicable to such transactions, and fi'om which I Jeel in no degree released b}' what Mr. Street has said upon the matter, and in whose rea- soning I think there is more art than solidity, I cannot come to any other conclusion than that the Directors of the Bank of England were in reality deceived; and the deception was, I think, as real, though it might not have been so palpnble, as if the bankrupts had made a direct false representation of the state of their affairs. When Mr. Street applied to the Bank of England to discount that bill, I think he must have felt that the basis of the transaction was a belief by the Bank of the responsi- bility of his firm (the drawers of the bill), as well as of Trueman and Cook (the acceptors). " To all moral purposes, and, therefore, as to veracity, speech and action are the same, speech being only a mode of action." Then, again, what public esta- blishment, or even private bankers (unless otherwise involved with the parties), would think of discounting a bill on the credit, wholly or in part, of any house, if they knew^ it to be in course of liquidation, and to have made an assignment of the bulk of its property primarily for the benefit of one creditor? Indeed, to a question put by the Court, it was stated that the Banlv of England would not have discounted that bill if they had been informed that Cruikshank and Co. were winding up, and had assigned tlieir property to Trueman and Cook. Here the stippressio veri was calculated to produce the same mischief, and is consequently open to the same censure, as the svgr/esfio falsi. In viewing this transnction with the Bank of England, it should also be remembered that that establishment is generally resirled to in B XVlll APPENDIX. • periods of distress, or, when any circumstances occur to occasion a pressure in the money-market, she then hecomes, as it were, a hank of support. Her advancts are looked for in seasons of distress and diffioulty, and are required to be prompt. Surely, then, the most perfect good faith slioul Inspectors." " Ebic Erichsen, j "We have been directed by tlie inspectors of the affairs of Messrs. Trueman and Cook to submit to your consideration a copy of the report which is enclosed, and wliich embodies the recommendation which we are authorized to bring under the notice of tlie creditors. " Tills report was, shortly after its date, submitted to the Bank of England, as the largest creditors, and we have to inform you tliat we have received a letter from the Bank, dated this day, wliich conveys to us the acquiescence of the Bank in the arrangement proposed by the inspectors. "We shall be glad to be informed whether you concur with the Bank, so that the arrangetiicnt may at onie be carried into effect. " We feel it due to Mr. Cook to add our testimony to the services and attention which he has rendered to the estate, although, by the inspectorship-deed, he lias been virtually discharged from all the liabilities of the late firm since January, 1848. " We beg furtlier to state, that we have a copy of Mr. Coleman's report to the Bank, which is open to your perusal whenever it may suit you to call here. And we understand that the original is also at the Bank, and will be shown to any creditor who may prefer to apply there. " We arc, your obedient, humble servants, (Signed) "Oliverson, Denby, and Lavie. "Frederick's Place, July 11th, 1850." APPENDIX. XXI PART 11. SUSPENSIONS IN 1850. Feb. Messrs. Erichsen and Co., London, corn trade. June. Messrs. Nasli and Neale. Reigate, bankers. „ Messrs. D. Braggiotti and Co., London, mercliants. Aug. Messrs. E. C. Meyer and Co., Hamburg, merchants. „ Messrs. Herbert and Co., Hamburg, merchants. „ Mr. J. F. Hinck, Hamburg, merchant. Sept. Messrs. Luydam, Sage, and Co., New York, merchants. „ Messrs. Hunter and Co., New York, merchants. Oct. Messrs. Garnett, Balch, and Co., Boston, merchants. „ Messrs. M'Williams and Gregory, New York, merchants. „ Messrs. Henley, M'Knight, and Co., Sacramento, merchants. „ Messrs. Mebass and Co., Sacramento, merchants. Nov. Mr. H. M. Naglee, San Francisco, merchant. „ Messrs. Simmons, Hutchinson, and Co., San Francisco, merchants. „ Messrs. H. Howison and Farley, San Francisco, merchants. „ Messrs. Johnson, and Co., San Francisco, merchants. THE ESTATE OF D. BEAGGIOTTI AND CO. A. meeting of the creditors of Messrs. D. Braggiotti and Co., whose failure was mentioned on the 26th June, took place on July 11, 1850, when, after the exami- nation of a balance-sheet, prepared by Mr. J. E. Coleman, it was unanimously agi'eed to liquidate the estate under a deed of inspectorship. The statement pre- sented showed that the gros.'s liabilities amounted to i' 11 3, 900, which will be reduced, by securities held and bills expected to run off, to about ±'30,000. The greater part of the assets being produce, it is hoped that, if good market prices are realized, u dividend of 4s. 6d. or 5^. may be eventually distributed. SUSPENSIONS IN 1851. Mar. Messrs. James Deacon and Sons, London, linen factors. „ Messrs. Oliver, Worthingtou, and Co., London, warehousemen. ,, Messrs. Austens and Spicer, New York, producs dealei's. April. Messrs. Bulcher and Carstenjen, London, Dutch merchants. May. Mr. N. Poutz, Liverpool, general merchant. Aug. Messrs. Castelli, Giustiniani, and Co., Loudon, Greek merchants. „ Messrs. Eraser and Lightfoot, London, East India merchants. „ Messrs. S. Rucker and Sons, London, colonial brokers. Sept. Messrs. Spencer Ashlin and Co., London, corn factors and merchants. „ Messrs. Campbell, iVrnott, and Co., Liverpool, American merchants. „ Messrs. W. M. Neil, and Co., Liverpool, corn merchants. „ Messrs. Clark and Voigt, Lomlon, Ionian merchants. „ Messrs. Peter Clark and Co., Zante, etc., Ionian merchants. „ Messrs. Maitland, Fawkes, and Co., London, colonial brokers. „ Messrs. Eggers and Taylor, Liverpool, cotton merchants. Oct. Ml ssrs. Ezponda, Corredor, and Co., London, Spanish merchants. „ Messrs. Slater and Robertson, Glasgow, general merchants. „ Messrs. Chesebrough, Stearns, andCo., New York, silk andgeneral merchants. „ Monmouthshire and Glamorganshire Banking Company, Monmonth bankers. „ Messrs. F. S. and D. Lathrop, New York, dry goods jobbers. „ Messrs. Thompson and Co., New York, carpet manufacturers. XXll APPENDIX. Oct. Commercial Bank of Perth, Amboy, United States. „ Peoples' Bank ot'Paterson, New Jersey, United States. „ Bank of Salisbury, Salisbury, ^Lirylaud, United States. „ Monmouthshire Newport Old Bank, Monmouth. „ Messrs. Paul and Dastis, London, wine merchants. „ Messrs. Kirkman and Brown, London, colonial brokers. „ Messrs. Ewbank and Gray, London, merchants. „ Mr. W. H. Imlay, Brooklyn, New York, president of the Atlantic Diy Dock Company. „ Messrs. Perkins, Brooks, and Co., New York, dry goods dealers. „ Mr. William G. Brown, BufTalo, United States, merchant. Nov. Messrs. Forman and Hadow, London, colonial brokers. „ Messrs. F. F. Bragglotti and Co., Manchester, Greek merchants. „ Mr. Francis Chambers, London, East and West India agent. „ Messrs. Quaides Harris and Sons, London, wine trade. „ Sunderland Joint-stock Bank, Sunderland, bankei-s. „ Messrs. Jewett and Prescott, Boston, dry goods dealers. „ Messrs. James Briggs and Brothers, New Hampshire, L^nited States, woollen manufacturers. „ Messrs. W. Biirger and Co., New York, druggists. „ Messrs. Suter, Symington, and Robinson, New York, general merchants. „ Messrs. Seaman and Muir, New York, dry goods dealers. „ Messrs. Dexter, Harrington, and Co., New York, leather dealers. „ Messi-s. P. R. Southwick and Co., New York, leather dealers. „ Messrs. J. S. Gould and Co., Salem, United States, iron merchants. „ Mr. David Pingee, Salem, United States, railway and manufactiu-ing establishment. „ The Maryland Coal Company, Maryland. „ Messrs. E. J. Barton and Co., New York, paper manufacturers. „ Messrs. J. M. Rutherford and Co., Louisville, United States, general merchants. ,, Columbus Lisurance Company, Cincinnati, United States. „ Messrs. Crosby and Carkey, Norwich, Connecticut, United States, wool merchants. ,, Messrs. B. Upton and Son, Salem, Massachusetts, United States, merchants. Dec. Messrs. Luckie Brothers and Co., London, West ludia merchants. „ Messrs. Piatt, Sons, and Casson, Liverpool, general merchants. ,, Messrs. Claypole and Son, Liverpool, West India merchants. ,, Messrs. John Cabbell and Co., Glasgow, West India merchants. „ Messrs. E. FyfTe and Son, London, East and West India merchants. „ I>lessrs. Hicks and Co., New York, shipping and general merchants. „ Messrs. Hill, M'Lean and Co., New Orleans, cotton brokers. ,, Messrs. Mixer and Pitman, Boston, United States, oil and tallow merchants. „ Messrs. Beach, Case, and Co., New York, merchants. „ Messrs. John Bacon and Son, New York, iron merchants. „ Messrs. J. B. Smith and Co., New Yoi-k, silk merchants. SUSPENSIONS IN 1852. Jan. Messrs. James Bult, Son, and Co., London, bullion dealers. „ Mr. D. A. Scanavi, London, Greek merchant. ,, Messrs. Seaward, Capel, and Co., London, engineers. „ Messrs. Lantz and Co., Petersburg, general merchants. „ Messrs. Thatcher, Tucker, and Co., New York, domestic wares merchants ,, Messrs. J. H. Adams and Co., Cork, provision merchants. „ Messrs. M'Ewan and Co., Glasgow, tea merchants and sugar refiners. „ Messrs. Donald Mackay, Hadow, and Co., London, East India merchants. ,, Messrs. Daw, Wilson, and Herriuiam, New York, wholesale grocers. ,, Mr. Glendie Broake, New Orleans, cotton merchant. Feb. Me-srs. T. S. and W. Hardy, Cork, corn and provision trade. ,, Mr. Denny Lane, Cork, corn and provision trade. „ Mr. J. Dunhar, Cork, corn and provision trade. ,, Messrs. M. J. Wilson and Co., Liverpool, general merchants. „ Messrs. Foxall and Co , Dublin, East India merchants. „ Messrs. Maunsal, White, and Co , New Orleans, cotton merchants. APPENDIX. XXm Feb. Messrs. Mills, M'Dowall, and Co., New York, general merchants. „ Mcssi's. W. B. Iliitton iiiul Co., Loudon, African merchants. „ Messrs. C. and B. Hooper, London, leather factors. „ Messrs. D. C. Mackey and Co., Calcuttn, East India merchants. ,, Messrs. Rosetto, Carati, and Co., London, Greek merchants. „ Messrs. Keith, Shoobridge, and Co., London, shawl printers. Mar. Messrs. Carloton and Co., New York, dry goods importers. ,, Messrs. Moulton, Barker, and lielfier. New York, dry goods importers. „ Mr. A. A. Lackersteen, London, East Lidia merchant. „ Messrs. Ritchie Brothers, London, West India merchants. „ Mr. J. G. Lacy, of the firm of Lacy and Reynolds, London, gum manufacturer. „ Messrs. M. Retemayer and Co., Liverpool, merchants. ,, Messrs. Maeri and Co., Corfu, merchants. „ Messrs. Godfrey, Ouseley, and Co., Savannah, cotton merchants. „ Messrs. Thomas Trierson and Co., Savannali. „ Messrs. Hamilton and Hardinan, Savannah, cotton merchants. „ Messrs. R. C. Whetmore and Co., New York, hardware merchants. May. Mr. John Birse, Dundee, flax merchant. „ Messrs. Sinclair and Boyd, Belfast, East and West India merchants. June. Messrs. Dixon, Wahie, and Co., Liverpool, Baltic merchants. „ Messrs. Thomas Apt and Co., London, linseed crushers. „ Mr. Knowles, London, Norwegian merchant. Oct. Messrs. Walter Logan and Co., London, Spanish-American merchants. „ Messrs. Emanuel and Son, Hamburg, merchants. „ Messrs. Dunscomb, Cook, and Co., New York, Spanish-American and West Indian merchants. „ Messrs. Johnson and Travers, Baltimore, Spanish-American and West Indian merchants. Nov. John Ruck and Co., London, provision trade. „ Jos. Stuart and Son, London, provision trade. „ C. H. Harber, London, provision trade. THE ESTATE OE MESSES. CASTELLI AND CO. A meeting of the creditors of Messrs. Castelli, Giustiniani, and Co., whose sus- pension took place on the 16th of August, was held on the 24th of September, 1851, and was very numerously attended. Mr. Le Breton presided, and among the several solicitors present, representing different mercantile firms, were Mr. Tilson, Mr. Ellis, and Mr. Hobler, while Mr. Lavie attended on behalf of the estate. After the usual pro forma proceedings, the following statement was read, prepared by Mr. J. E. Coleman, the accountant : — Statement of the Affaies of Castelli, Giustiniani, and Co., Bitet Couet, St. Maky Axe, Merchants, August 16, 1851. T . ,.,■,. Liabilities as per Liabilities as per j^g^^j.^ castelli's the Creditors own Estimates of Accounts. Securities. To bills payable, imcovered £102,076 13 10 £102,076 13 10 To bUls payable, against which goods are hypo- thecated to the full amount of clami £51,173 12 11 Estimated value of goods 55,246 12 11 Surplus to contra £4,073 To bills payable, against which goods are hypo- thecated £11,430 1 1 Estimated value of goods 10,295 6 11 1,134 14 2 1,134 14 2 To creditors on open accounts 19,854 2 11 19,854 2 11 Carried forward £123,065 10 11 £123,065 10 11 XXIV APPENDIX. Brought foi-ward £123,065 10 11 £123,065 10 11 To creditors on accounts current holding security, after deducting estimated value of securities 30,520 14 7 18,710 8 To liabilities on biUs receivable on account of Eucker and Son 53,100 53,100 To ditto on general ac- count, the whole of wliich, it is expected, will be dulv bonovu-ed at matiu-itv ' £112,285 3 8 Total" liabilities £206,686 5 6 Total liabilities as per CasteUi and Co;'s estuuates £194,875 11 7 Assets. Assets as per Messrs. Castelli's Estimates of Assets. By debtors, good £1,960 15 1 £1,960 15 1 By debtors, doubtful £460 14 8 By surplus from goods hyjjothecated, as per contra ". 4,073 4,073 O By surplus from goods held by creditors as 'seciu-itv '. 1,339 3 11 11,049 16 O By sundrV property 7,628 7,628 O Total assets £15,000 19 Total assets as per CaStelti and Co.'s estimates £24,711 11 1 In alluding to the position of the accounts, Mr. Coleman explained that the dif- ference between the estimates of assets, one showing \s. 6d., the otlier 2s. 6d. in the pound, arose from the value put upon produce by the parties who had made ad- vances, and tlie vulue subsequently revised by Mr. CasteUi, In the case of cotton, for instance, in which the estate was interested to the extent of about 24,000 bales, some small sales had lately been effected at an improvement of nearly 10 per cent, compared with the estimate previously formed. Parties who had made advances to the firm, and who were originally creditors, found themselves now imder these cir- cumstances to be debtors. The assnmed value of the wliole of the produce connected with Messrs. CasteUi and Co. was nearly £500,000, the cotton being estimated at about i'200,000. Mr. Hobler complained of alleged irregular commercial conduct on the part of CasteUi and Co., with reference to the cargoes of wheat obtained from Alexandria, and also with regard to some bill transactions ; but these allegations, it was generally contended, ought not to be entered into at a meeting called to settle preliminaries, especially as they might, after all, be capable of full explanation. Mr. Chapman said it was evident tlie great point for consideration on this occasion was as to the best means of managing for the benefit of the creditors. According to what had been stated, there was nearly half a million of property involved, and it was the course to be pursued for the realization of the surplus that ought now properly to occupy attention. Other incidental matters could subse- quently receive notice. His oi)inion was, that the safest plan would be to select per- sons well acquainted with mercantile affairs for superintending a liquidation, and to allow the estate to be wound up under inspection, administration in bankruptcy not being applicable to its position. It was also liis impression, that when the affairs of Messrs. CasteUi and Co. should come to be thoroughly investigated, it would be found that they liad been conducted in an honoural)le and straiglitforward manner. This proposal did not meet unanimous approval, Mr. Kettlewell, representing the Ionian Bank, and anotlier creditor, objecting to so speedy a decision. Mr. Lavie intimated that if some of the creditors should be liereafter found to disagree with the steps that might now be taken, another meeting could be convened. Jlr. Ket- tlewell was in favour of a week being given to consider the statement hud before the creditors. On the other hand, Mr. Chapman and Mr. Cunliffe thought that the in- APPENDIX. XXV terest of every one concerned would dictate the necessity of coming to a conclusion as soon as possible. Mr. Tilsoii tliought it would be prudent, perhaps, to ask Mr. Colemiin to give them some iiifortnation of the way in which these very heavy losses weie sustained, since it might obviate apparent difliculties in arriving at a result. Mr. Coleman stated th:it he had not yet been able to draw out a perfect balance-sheet, but fi'om the examination he had alresidy prosecuted, it was quite certain the firm of Caslelli and Co. possessed a capital of ,t35,000 in 1849. Their losses on produce, however, in 1850 and 1851 amounted toi;149,800, the chief articles being cotton, corn, coffee, sugar, silk, and cochineal. "When his investiga- tion should be terminated he would be enabled to show the course of the whole trading, but in the meantime it would only be fair to announce that the drawings from the firm had been very small. The question of private property having been alluded to, it was inquired how many partners wei-e in tbe house. Tbe answer, that Mr. Frank Castelli alone represented it, seemed to excite strong remark upon the part of tbe creditors. The appearance of the name of Mr. Giustiniani in the firm was canvassed, and it was then elicited that he had retired, but that the dissolution had not been inserted in the Gazette. Mr. Lavie said this point was open to discus- sion, but the proposed resolutions would not interfere witii the rights against other parties. Partnership en commandite had existed, the facts connected with which could be inquired into. Mr. Chapman regarded this matter as oue of great importance, and said he trusted it would be closely probed. The question, however, in the hands of Mr. Lavie would doubtless receive due consideration, and, believing this, he should press for the adoption of the plan of inspectorship. Air. Hobler contended that bankruptcy was the only satisfactory process through which the creditors could hope to see their rights tested, whether with regard to partnership law or a due investigation of property. Under inspectorship no authority whatever could be exercised, either to compel parties to disclose the condition of their affairs, or to render strict justice to their creditors. The divi'Iend in this case would more likely be l.s. than 2*. Qd., and bankruptcy administration was therefore the right course. Mr. Cunlifle advocated the system of inspectorship where economy was required. Mr. Ellis and Mr. Tilson considered that as a preliminary step a choice of inspectors might be made, and bankruptcy could eventually be enforced if it were thought necessary. With respect to Mr. Giustiniani, it w-as stated that even the bankruptcy laws would not reach him, should the creditors wish to carry them out, as he was a resident at Leghorn. As to proceedings against other parties, if liable, that was a subject deserving serious consideration. No complaint could, however, be made concerning the disposition of the en commandite capital, not the least portion of it having been withdrawn, it having been fairly absorbed in the business of the house. After some further discussion, it was agreed by the majority to pass resolutions adopting the plan of inspection, Mr. Kettlewell permitting his name to be inserted on the understanding; that the directors of the Ionian Bank assent to the proceedings. "If they should not, the Gazette,^' he said, "would certainly follow-." Annexed are the resolutions carried in official order : — " At a meeting of the creditors of Messrs. Castelli, Giustiniani, and Co., held at No. 8, Frederick's Place, on Wednesday, the 24th day of September, 1851, Mr. Le Breton in the chair — "A statement of the assets and liabilities was read to the meeting by Mr. Cole- man, the accountant, and the meeting having come to the conclusion that it was expedient that the affairs should be wound up under a deed of arrangement, with the supervision of inspectors, it was, therefore, resolved — "1. That Mr. Whately, of the firm of Le Breton, Whately, and Co., and Mr. "William Kettlewell, of the Ionian Bank, be requested to be inspectors, with power to appoint a third inspector. "2. That a deed of arrangement be prepared, with proper provisions for the winding-up the affairs under the above-mentioned inspectors, and for securing the due liquidation and the early distribution of the assets pro rata among the creditors, and according to the rules of administration in bankruptcy, and containing a cove- nant by Mr. Castelli to carry on such liquidation under tbe inspectors, and covenants on tbe part ofthe creditors not to sue Mr. Castelli for twelve months; and that the inspectors shall have power to enlarge that time if they shall deem it necessary; and that at the expiration of such period, or of such enlarged period, and upon Mr. Castelli assigning the outstanding assets to trustees for disti-ibution among the creditors, he shall be released from all claims. The deed shall also contain such other provisions as are usual in deeds of inspectorship, and as shall be approved by the inspectors on behalf of the creditors. XXVI APPENDIX. "3. The creditors acceding to this arrangement shall not be prejudiced as to any securities or liens they may be entitled to, or as to their rights against third parties. " 4. That the signature of this memorandum and of the deed of arrangement shall not prejudice the rights, remedies, or position of any creditor, against or in respect of the parties at any time members of the firm of Castelli, Giustiniani, and Co. " 5. Tliat the inspectors may be at liberty, if they shall think fit, to release to Mr. Castelli liis furniture, and such other private property at his residence as they may think fit. " 6. That in the meantime, until the deed of arrangement shall be executed, a copy of these resolutions may be submitted to the creditors, and shall form a memorandum of arrangement for the administration of the afl'airs. "7. The thanks of the meeting to the chairman were then moved by Mr. Cunliffe , seconded by Mr. Ciiapman, and voted unanimously." The estate was ultimately wound up in bankruptcy. THE ESTATE OF EUCKEE AND SONS, COLONIAL EEOKEES. A meeting of the creditors of Messrs. Rucker and Sons, whose failure took place on the 25th of August, was held on the 6th of September, 1851, Mr. D. B. Ciiapman, of the firm of Overend, Gurney, and Co., presiding. After the usual preliminaries the following statement of the affairs of the estate was presented by Mr. J. E. Coleman, the accountant : — DEBTOE. To creditors on acceptances £158,606 1 2 To creditors on open accounts 116,898 4 4 To creditors holding secm'ities (but wliich seciu-ities will not cover advances to the fidl extent) 9,655 13 8 £285,159 19 2 CEEDITOE. By cash at banker's £6,189 4 10 By bills receivable 525 5 6 By suiichy debtors, good (the greater portion of these are secured 'by produce, etc.) 127,207 By debts secured by liens on West Indian estates, estimated to yield 7,600 By cash to receive on account of sundry debtors, viz., estimated surplus from produce beyond advances received thereon 33,500 Prompts £87,957 Less, to be paid to those entitled thereto 70,427 17,530 Bv private property of the late Mr. Kucker and of Mr. S. ■Euckcr,jun 22,400 £214,951 10 4 Less, sundry small bills (to be paid in full) drawn against produce to amve, etc £634 5 10 Salaries and charges to be paid in full 1,000 1,634 5 10 £213,317 4 6 In explaining the circumstances of the suspension, Mr. Freshfield referred to the reports first circulated of its having been caused by the failure of Messrs. Castelli and Co. Altliougli the two firms were connected in business, Messrs. Rucker were not compelled to suspend by the stoppage of Castelli and Co., but in consequence of the discredit brought upon them from the rumours propagated with respect to it. Tlje engagements of Rucker and Sons, it was well known, were principally in con- APPENDIX. XXVll nection with money taken in deposit, money borrowed upon produce, and running acceptances. Since the period of suspension those transactions had become con- siderably narrowed, owinif to the redtrnption of securities and tlie consequent can- celment of acceptances ; and there was also the probabihty of a further lar;j;e reduc- tion from the same causes. Under the general estinuite made, tliere was a good prospect of tlie creditors receiving|15s. in the pound. Mr. Coh'man, in speaking of the character of the assets, alluded to tlie favourable and compact position in which they stood. Little doubt was entertained of their uhimate realization, and, with reference to the produce, it was understood that the parties wlio represented the interest identified witlitbat portion of the estate would not dispose of it except at fair market prices. It was therefore hoped that in the course of four months the whole of the available property might be distributed. Mr. Freshfield said it must be clear to all concerned, that the principal feature in the estate, as shown by tbe accounts, was the tangible nature of the assets. First, there was tbe cash at the banker's ; then the debts represented by produce, which might almost be regarded as money. The debts secured by liens on West Indian estates had been put down at a sum which it Vfna fairly calculated tliey would yield; and, although the value of West India property ■was liable to great depreciation, it was nevertheless thought that in tliis case the estimate would be found on the safe side. With regard to the item of " cash to re- ceive on account of sundry debtors, namely, estimated surplus from produce beyond advances received thereon, i.'33,500," every reason existed for presuming that such a sum would be realized in full, even if no excess accrued, because the produce was virtually pledged for less than its real value, and hence, as it was not likely to be forced upon the market, there was scarcely room for apprehending an unfavourable result. Tlie remaining asset of consequence was that of the private property of Messrs. Rucker and Sons, stated at ±'22,400, making in gross £'213,317 to pay £285,159, or, as already stated, 15s. in the pound, with every expectation of a speedy realization. With this object it was proposed to pay tbe first dividend of 2s. Gd. in about ten days, tbe next on the 1st of November, and the others in regular order, as nearly as coiild be calculated, on tbe 1st of each succeeding month ; sometimes 2s. 6d. and sometimes more or less, as the property might be rendered available. Mr. Chapman, as chairman, in reviewing the statements made by Mr. Freshfield, thought it must be satisfactory to the creditors to find that the assets, so sub- stantial in their appearance, were considered capable of producing 154'. in the pound. He bore testimony to the assumed tangible nature of the leading items, but particu- larly to the private property at Wandsworth, and then submitted the course that ought to be adopted for the final liquidation of the liabilities. Considering the posi- tion of the firm, and also the circumstances which had transpired, especially with reference to the produce to be realized, he thought that the most advisable proceed- ing would be to allow the partners to manage the business of liquidation under the superintendence of inspectors, the latter representing tlie leading creditors. This pro- posal at once met tbe unanimous consent of the parties present, but before tbe reso- lutions were put, a question was asked respecting the capital of the house. Mr. Freshfield was understood to remark that the capital had been merged in losses. It had not recently been as high as £100,000 ; the sum was nearer £50,000. The resolutions were then unanimously passed for winding up the aflfairs of the house under inspection, and after a discussion regarding the desirableness of the whole of the produce held as security passing through the hands of Messrs. Rucker and Sons for sale, so as to keep the markets in a proper state, as well as to promote tbe busi- ness of the finn in its subsequent career, a vote of thanks was carried to the chair- man, and the meeting separated. Annexed are the resolutions agreed to in official order : — " At a meeting of the creditors of Messrs. Rucker and Co , held at the counting- house in Tower Street, on Friday, the 5tli of September, Mr. David Barclay Cbapman in the chair, Mr. Coleman, the accountant, having produced and read to the meet- ing a statement of the debts and assets, it was thereupon resolved — "1. That the house should be liquidated by the partners, under the inspection of the following gentlemen, viz., Mr. David Barclay Chapman, Mr. Edward Harnage, and Mr. Christian Turck. " 2. That the salaries of clerks and servants be paid in full, and that the house be authorized to pay small debts, not exceeding in the aggregate £1,000. " 3. That a deed be forthwith prepared, by which the partners shall covenant to liqiiidate the affairs of the house, and divide the proceeds among the creditors rateably and in proportion to their several debts, under inspection, observing in such liquidation the rules of administration adopted iu bankruptcy j that such deed shall XXVIU APPENDIX. contain covenants by the creditors not to sue the partners for twelve months, and that the inspectors shall have power to enlarge that time, if they shall deem it necessary; and that, at the expiration of such period, or of such enlarged period, and upon the partners assigning the outstanding assets to trustees for distribution among the creditors, the partners shall be released from all claims. The deed shall also contain such other provisions as are usual in deeds of inspection, to be settled by the inspectors on behalf of the creditors. '•' 4. That creditors acceding to this arrangement shall not be prejudiced as to any securities or liens they may be entitled to, or as to their rights against third parties. "5. That the private property of the partners, after payment of their separate liabilities, be applied in the payment of the debts of the firm, except furniture and such other private property as the inspectors shall think proper to release to the partners. " 6. Tlie partners having undertaken to conduct the liquidation without any personal remuneration, it is resolved that they shall be at liberty to transact busi- ness as brokers on their covenanting not to use, either directly or indirectly, any of the existing assets of the firm, and to incur no new engagements which could by any possibility be thrown on the existing assets, but such business shall be discon- tinued if the inspectors shall certify that it ought not to be continued. "D. B. Chapman. "Resolved — That the thanks of the meeting be given to Mr. David Barclay Chapman for taking the chair, and for his conduct therein." THE ESTATE OE SPENCEE ASHLIN AND CO., COBN TRADE. At a meeting held on October 13, 1851, of the creditors of Messrs. Spencer Ashlin and Co., who failed in the corn trade on the 13th of September, Mr. De Bruyu in the chair, the following statement was read by Mr. Quilter, the accountant : — Statement of Affaibs, September 11, 1S51. DEBTOE. To sundry creditors, unsecured £69,380 5 9 To sundry creditors secm'ed bv consign- ments, etc., on hand ". £87,916 18 2 Deduct value of consignments on hand 73,554 14 10 14,362 3 4 To sundry liabilities, viz. : — On bills receivable 213,873 2 3 Less estimated to be bad, and included in statement of creditors imsecm-ed 49,122 9 10 Considered good £164,750 12 5 £83,742 9 1 CEEDITOB. iiy cash and bills on liand, viz. : — At Glyn and Co.'s £4,07110 5 Bills receivable, considered good 7,192 17 8 Ditto, considered bad, £1633 8.?. 6c?. £11,264 8 1 By railway shares, being the sum since realized on sale thereof 1,192 10 By sundry debtors, considered good 1,426 12 Ditto, considered doubtful and bad, £32,484 1*. Id. By surplus security in the hands of creditors 60 £13,943 10 1 By deficiency 69,798 19 £83,742 9 1 In elucidation of the accounts, Mr. Quilter read a lengthy report, showing the position of the firm from its commencement, with the capital introduced and the APPENDIX. XXIX course of trading. From this it appeared that the deficiency, as presented in the above stiitement, arose from £41,000 losses on grain speculations, and the remainder throno;h bad debts. Mr. M'Leod intimated that the estate showed a dividend of 3s. 4(1. in the pound ; but it was proposed on behalf of Mr. Spencer Ashlin, who alone constituted the firm, to pay 3s. Gd., his friends having promised to assist him to some extent. Questions had been mooted of preference payments made by the house on the eve of its failure to an amount of about £4,(300, of which £3,000 had already been recovered, and it was thought tliat the balance could be arranged without litigation. Mr. Ashlin, it was stated, was ready to follow any course pro- posed by his creditors for liquidating his affairs, and had already placed liimself in a position to become amenable to bnnkruptcy administration, if that alternative were deemed desirable. The assets already realized were in the custody of Messrs. Glyn and Co., to whom also would be transferred what other sums might be obtained for the benefit of the creditors. A discussion was then entered into respecting some transactions between Spencer Ashlin and Co. ; Alsop and Co., of Dublin ; and Mr. Neil, of Liverpool, the merits of which will have hereafter to be determined, the National Bank of Ireland being interested in the issue. When the resolutions usually adopted at meetings of this description came to he definitively proposed, Mr. Murr.ay, as representing Messrs. G-lyn and Co. and Messrs. Overend, Gnmey, and Co., considered further investigation necessary. He therefore suggested an adjournment, which was finally' adopted, Mr. J. G. Elsey, of the discount depart- ment of the Bank, being appointed, in conjunction with a second party, to be named by Mr. Murray, to investigate the various points, and to ascertain, if possible, their actual position. The adjourned meeting of t1ie creditors of Messrs. Spencer Ashlin and Co., who failed in the corn trade on the 13th of September, was held on the 28th of October, to receive the report of Mr. Murray and Mr. J. G. Elsey, the parties named to inves- tigate the alTairs of the firm. Previously to this document being presented, it was explained by Mr. M'Leod, Mr. Ashlin's solicitor, tliat from some misunderstanding of what had transpired on the former occasion, it appeared to have been considered that 3s. 6d. in the pound was the amount to which the creditors would have been limited, had they adopted the proposition then made. Such, liowever, was not pre- cisely the case, the intention having been to secure 3s. 6d., and rateably divide any further assets which might have been realized. The report read by Mr. Murray detailed the course of investigation, which had been principally directed to some transactions in grain regarded as constituting preference arrangements. The debts and liabilities were taken at £85,193, and the assets were on the former occasion placed as representing £15,469. Increasing this latter sum by the amount of the preference claims and the value of household funiiture, it would reach £17,762. The gross assets, under these circumstances, showed a dividend of 4s. in the pound ■with the small surplus of about £395. It was therefore the opinion of Mr. Murray — on behalf of the largest creditors, Messrs. Glyn and Co. and Messrs. Overend, Gnriiey, and Co. — that a dividend of 4s. in the pound, 3s. being at once paid and the remaining Is. secured at an early date, should be accepted. A long discussion followed relative to the mercantile career of Mr. Spencer Ashlin, especially in con- nection with Mr. Alsop of Dublin and Mr. Neil of Liverpool. Mr. M'Leod said the question of the trading of Mr. Asiilin could not in all respects be defended, but the real point at issue was the best course to he adopted for the benefit of the creditors. The accounts prepared by Messrs. Quilter and Co., it was intimated, showed in an accurate and detailed shape the whole of the transactions, Mr. Murray himself bearing testimony to their completeness in this and every other particular. Mr. M'Leod was distinctly of opinion that Mr. Ashlin, assisted by his friends, in con- curring with the proposal to pay 4s. in the pound, was doing the utmost he could for his creditors, since it was, after all, probable that in the realization of the estate a deficiency of from £2,000 to £3,000 might occur. The representatives of the National Bank of Ireland announced that they were unable to give their assent immediately to the terms proposed ; but finding that the annexed resolution was unanimously carried, they promised to consult tlie board of directors on the subject, and to communicate their final decision without delay : — "At a meeting of the creditors of Messrs. Spencer Ashlin and Co., held at the office of Messrs. M'Leod and Stenning, of 13, London Street, Fenchurch Street, on the 28th of October, 1851, it was resolved — " That the report made by Mr. Murray be received and confirmed, and that 4,=, in the pound be paid and received in full of all claims by the respective creditors of XXX APPENDIX. Mr. Ashlin, as follows, i.e., 3s. in the pound to be paid down on the signing of this resolution by all the creditors, or their assent thereto being obtained, and Is. in the pound to be secure 1 to the satisfaction of Mr. Murray's clients, payable at three months from this date." The estate was ultimately -wound up in bankruptcy, and, on unfavourable dis- closures, the bankrupt quitted the country. THE ESTATE OE QUAELES HAEEIS AND CO., OPORTO (wine) TEADE. A meeting of the creditors of Messrs. Quarles Harris and Co., engaged in the ■wine trade, who failed on the 28th of November, 1851, was held on the 28th of January, 1852, when the following statement, prepared by Messrs. Quilter, Ball, and Co., was presented :— Qttaeles Haeeis and So>-s' Statement of Affaies, Kotembek 28, 1851. DEBTOE. To creditors unseciired, viz. : — Trade accounts £5,215 1 7 Acceptances drawn fi'om Oporto 13,709 15 1 Ditto in London 9,400 Cash creditors, as per statement 14,850 8 2 To creditors partially secured, viz. : — Amotmt of claims Estimated value of securities To creditors fully secui-ed, viz. :■ Estimated value of seciuT-ties. Amoimt of claims Estimated surplus carried to credit as an asset per contra To liabilities on biUs receivable — Considered good Considered bad Less securities held 5,997 5,514 9 2 41,489 35,695 8 7 4 11 5,794 5 42,680 6 7 4,606 43 16 13 1 7 £43,175 4 10 483 9 2 To acceptances in hands of Oporto house, not expected to be claimed against this estate... 6,000 CEEDITOR. By bills receivable — on hand : — Considered good £935 11 Considered bad By unaccepted l)ills £1259 10 2 'Estimated to produce 1,000 By sundry debtors, viz. : — Good. London... £3,466 10 11 Coimtrv... 3,050 6 1 Irish ..^.. 820 17 3 Swedish... 1,105 13 8 Foreign... 846 8 5 Doubtfid. Bad. £167 9 7 £2,180 5 4 2,177 3 4 4,185 14 4 553 18 1,154 5 9 3 15 Nd. 543 5 10 556 11 10 4,563 2 6 £48,221 16 6 1,935 11 £9,289 16 4 £3,445 11 9 £8,076 17 3 Carried forward £1,935 11 APPENDIX. XXXI Brought forward £1,935 11 Debtors considered good 9,289 16 1 considered doubtful £3,445 11 9 Estimated to produce, at 5s. in the pound 8G1 7 11 Estimated bad £8076 17 3 By stock on hand — On docks and with country agents 4,496 By surphis seciu'ities — In the hands of creditors, as ^cr co?2cash Ill 8 By surplus value of securities, contra 4,189 5 Q Value of stock 6,747 6 £12,357 2 Less small debts to be paid in full 617 8 11 £11,739 13 1 By profits on adventures, estimated 2,200 By estimated profits on cleaning and dressing stock and pur- chases made 3,680 £17,619 13 1 THE ESTATE OF EZPONDA, COEEEBOE, AND CO., SPANISH TRADE. The accompanying statement and report, respecting the affairs of Messrs. Ezponda, Corredor, and Co., engaged in tlie Spanisli trade, who suspended payment on the 1st October, 1851, were subsequently transmitted to tlieir principal creditors. It will be perceived that expectations are entertained, not only of a li([uidation being effected in full, but also of a surplus remaining for the benefit of the partners. Statement of the Affairs of Messrs. Ezponda, Corredok, and Co., OF Austin Friars, London, October 29, 1851. DEBTOR. To creditors holding security £32,910 17 11 Acceptances to draughts from Spain and Carthagena, for which ncgol iations have been effected to take the same up as they become due ' 32,692 Carried forward £65,502 17 II APPENDIX, XXXlll Brought forward £05,502 17 11 Ditto, for which the drawers will ])rovide Creditors on open accounts in Spain Bills ]5avable, being acceptances for account of drawers, who will provide for tlie same as they arrive at maturity ; and on account of others who are debtors to a larger amount than the di'aughts now returned on them To bills payable, not provided for £15,060 12 1 Sundry creditors on open accounts 3,621 4 10,579 25,028 11 14,361 5 £115,471 15 18,681 12 5 £134,153 7 5 By debtors, good £30,807 11 2 Less acceptances not paid... 14,261 5 £16,546 6 2 By debtors (dovibtful) 423 13 5 By ditto (bad) 210 17 7 By property By securities held by cre- ditors 38,0i0 Creditors as per conira 32,910 17 11 £5,129 2 1 By balance due from Con-e- dor and Co., of Cartha- gena £66,695 17 1 LessbUls ... £32,692 Ditto ... 10,579 5 43,271 5 £23,424 16 8 This balance will be dis- charged by the payment of 25,028 11 8 Which the Carthagena house will make in general set- tlement with the Spanish creditors, the resiilt on which will be a balance in its favour of £1,603 15 By capital in the house at Havannah, and goods con- signed for sale there, in charge of your special correspoiadent, lately sent out ". 31,702 6 Deduct the amount wliich will be due to the house at Carthagena after pay- ment of all diims in Spain, as above* 1,603 15 Carried fonvard Debit balances as per books of the house. £30,807 11 2 3,279 10 38,040 66,695 17 1 Debit balancs after giving cre- dit ior the unpaid draughts. £16,546 6 2 3,279 10 5,129 2 1 31,702 6 31,702 6 £56,657 4 3 1,603 15 £170,525 4 3 £55,053 9 3 c XXXIV APPENDIX. Brought fonvard £170,525 4 3 £55,053 9 3 Bills payable, and not pro- vided" for, as _^;er eoMi-ra... £18,85112 5 18,85112 5 Deduct amoimts owing 134,323 7 5 Siu-plus £36,201 16 10 £36,201 16 10 " To Messes. Ezponda, Coeeedor, and Co., Aitstin Feiaes. "36, Coleman Street, London, Oct. 31, 1851. " G-entlemen,— Having perfected the examination of your books, and investi- gated the correspondence and documents necessary to make a statement of your liabilities and assets, as well as to advise upon a mode of hquidation, I now have the pleasure of placing the results before you, together with some few observations that presented themselves to me diiring such inquiry. By the statement annexed hereto, yovir liabilities in gross are . . . £134,323 7 5 Which will be reduced as follows : — By the sale of produce now hypothecated against advances, and which advances are included in the above amoiuit £32,910 17 11 By your acceptances to di-aughts from Spain and Carthagena, and for which negotia- tions have been effected to take up the same as they become due 32,692 By your acceptances to draughts from Spain and Carthagena, for which the 8 di'awers will provide 10,579 5 By open creditors in Spain, the settlement of which wDl also be made there 25,028 11 8 By acceptances on account of drawers who will provide for the same as they arrive at maturity, and on accovmt of others who are debtors to you to a larger amount than the draughts now returned on them 14,261 5 115,471 15 Leavingliabilities to be provided for in England £18,851 12 5 By the same statement the assets in your books here amount to £170,525 4 3 Beduced by your unpaid acceptances, which will have to be taken up by the drawers, as above £32,692 Ditto 14,261 5 Ditto 10,579 5 £57,532 5 5 By property held for advances on security ... 32,910 17 11 And by open accounts in Spain, as above ... 25,028 11 8 £115,471 15 115,471 15 £55,053 9 3 Consisting of debtors (principally) in Spain and Carthagena £16,546 6 2 G-oods purchased and ready for shipment ... £3,279 10 Surplus from hypothecated goods when sold... 5,129 2 1 CaiTied forward £8,408 12 1 £16,546 6 2 yiPPENDIX. XXXV Brought foi-w-ard £8,408 12 1 £16,516 G 2 Capital at the house at Havannah, and goods consigned for sale there, in eliarge of your special correspondent, lately scut out £31,702 6 10,110 18 1 £56,657 4 3 The balance of £23,424 16.?. Sd., due from the house of Car- thagena, Avill be discharged by the paJ^nents that they will make in general settlement with the Spanish creditors, and a balance will then be due to them of 1,603 15 £55,053 9 3 To pay habilities as above 18,851 12 5 Leaving sui-plus £36,201 16 10 "In treating with the items forming the preceding statement, I have satisfied m3'self, by communication with tlie various parties who have made the advances, that such advances will be fully covered by tlie goods tliat they hold, and, further, that the surphis arising therefrom, as set fortli in this statement, is not over-estimated; that the fact of a large quantity of the bills which have been returned to Spain having been met by third parties, such parties having further agreed to take up all the remaining bills that are drawn on account of the Cartliagena house; that the open creditors, to the extent of four-fifths, are parties who have a direct interest in carrying out a prompt liquidation ; that the draughts accepted for account of others have been to this time met by tlie drawers for whose account they were so accepted, and but little doubt can be entertained of the remainder being, in like manner, honoured at maturity. In respect of the assets, although a considerable portion of the debts that are due from parties in Spain will in all probability be remitted in the usual course, still I do not think it avouM be pritdent to calculate on the receipt thereof until the parties who have agreed to retire your acceptances in that country have reimbui'sed themselves, and, therefore, the only items which I calculate upon as really available for the purposes of your liquidation here are the surplus proceeds of goods hypotliecated, the goods that are now ready for shipment, and which will be shortly forthcoming, and the balance due from Havannah, amounting in all to £40,110 18.S'. Ic?., showing a sufficiency to pay the full liabilities here of £18,851 12.y. 5'/., and to leave a surplus of £21,259 5.9. 8;/., exclusive of the above-mentioned debits in Spain, etc. In regard to the proceeds to be received from Havannah, I may remark, that I consider your plan, in sending out a person with powers to arrange the sales of property, and remit the proceeds liere without delay, has been very judicious, and will no doubt greatly facilitate the completion of your contemplated arrange- ment. I have also perused with much attention the grants and leases of the several Escorials fields of lead ore in Linaris, which are apparently of great extent and value, and of the foundries and furnaces in Cartliagena, together with the various extracts of the letters relating to their several capabilities and productions. It would be presumptuous on my part to approximate any value of these properties, but I do not think much doubt can exist of their workings being ample to pay off all liabilities in a period of six or eight months, particularly when it is borne in mind that there is sufficient ore and fuel now ready at these foundries for the next three months' smelting. In regiwd to the black lead mines of Marbella, in Benahavis (in wliich you possess an interest to the extent of two- thirds), looking at the beneficial results of the workings of these minea, and the amount of proceeds which you have received from the same, my impression is, that the property is of a valuable character. I may here observe, that I have relied upon the information that you have given me, that the Escorials fields of ore are free from charge or incumbrance, except to these parties for the payments which they have undertaken to make on the bills returned to Spain; but with regard to the mines of Marbella, the production by you of your shares therein proves to me that the same is free from lien, and, conse- quently, unencumbered. It further appears to me, that the arrangements which you made with the several parties in Spain, for the provision of funds to meet the outlay and expenses attending the working of the ores, before you commenced operations in Cartliagena, were ample to have carried the same through, had such engagements been duly met, and that it is the non-fulfilment of these engagements ulone that has XXXVl APPENDIX. caused your suspension. Viewing all tlie circumstances connected herewitli, fortlie purpose of advising as to the most speedy course for tlie liquidation of all your liabilities, I think it most desirable, and, indeed, essential, that sufficient shipping should at all times be ready for the transit of fuel to Cartliagena, and of the lead from thence to such ports as may be deemed most prudent to sljip to. I tlierefore consider that it would be most desirable for you to obtain the sanction of your creditors here to a letter of license for tlie same period as I calculate will be occupied in tlie liquidation in Spain; such license to continue from this date to the 1st of July, 1852, witli liberty for you to pay the outstanding freights, and to contract furtlier chnrters for the purpose of fully carrying on the realization of tlie produc- tions, and thus both provide and hasten the means for liquidation. In conclusion, I have to press upon your attention tlie fact that I have not included, in any way, in my statement of your assets, the value of your interests either in the fields of Esco- rials or in tlie blacisilead mines of Marbella, consequently, whatever may be the estimated or intrinsic worth of these evidently valuable properties must be added to the surplus already shown by me. "I am, etc., «J. E. Coleman." THE ESTATE OE WALTEE LOGAN AND CO., SPAKISH-AMEEICA^^^ TRADE. The following statement was issued on the 6th October, 1852, by Messrs. Walter. Logan and Co., explaining the circumstances of their suspension, which was an- nounced on the 5th instant : — « 46, Lime Street, London, October 6, 1852. " In consequence of the absence of remittances from either of our houses in Lima, Bogota, or Panama, we are under the painful necessity of suspending our payments, and we ftel it our duty to explain as briefly as possible the circumstances which have led to this unfortunate result. " In February, 1851, Mr. Fortes arrived here from Lima, bringing with him very strong letters of recommendation, together with specie of the value of upwards of £13,000, of which he represented that about two-thirds belonged to himself, and the remainder to friends, who had advanced the same to him, in order to create a capita! of such amount as would induce us to join him in a partnership to be esta- blished at Lima and Panama. These circumstances, combined with tlie favourable accounts which he gave of the trade in those countries, induced us to confirm the proposed arrangements, which resulted in the establishment of the firm of Fortes, Logan, and Co., of Lima. " Upon the completion of the partnership, Mr. Fortes, together with our Mr. Bo- nitto, visited Germany and other parts of the Continent to select goods suitable to the South American markets ; and having effected purchases in those places, as well as in England, shipments, to the extent of upwards of £33,000 were made to Lima, and Mr. Fortes, attended by Mr. Ilulsenbcck (a clerk in our establishment, to act in case of accident to Mr. Fortes), went out in charge of them, having first engaged to remit regularly to meet engagements incurred by us on account of these shipments. "In July last, in consequence of the non-receipt of any remittances, and the uncertainty as to the course of action of Mr. Fortes, we considered it right to send our tried and trusted partner, Mr. J. N. Bonitto, to South America, to obtain intel- ligence of Mr. Fortes, to ascertain the true position of affairs, and to facilitate the realization of all property tliere. " In the meantime, in order to meet our current engagements, we obtained advances on the security of the return, proceeds, etc., coming to us from our out- ward shipments. "The mail which arrived here on the 30th ultimo has brouglit us advices from Mr. Bonitto, at Panama, which unhappily leave no doubt that Mr. Portes Lias ab- sconded with a large amount of specie and other valuables, although, until we get APPENDIX. XXXVll more detailed particulars from Mr. Bonitto (after he has amved at Lima), we are unable to state the actual amount of deliciiuicy. " Under these distressing circumstance^, we deem it a duty to place our affairs at once in the hands of our creditors, so tliat the available assets may be secured and held for the benefit of all parties concerned ; and, in order to carry out such views, we have conNulted Messrs Oliverson, Lavle, and Peachey, the solicitors, umler whose advice we are now acting; and the accompanying statement, prepared since Monday by Mr. Coleman, the accountant, will convey to you the general positi(m of our iitfairs. " More detailed information is expected from Lima by the next mail, when a full statement of the accounts of the house will be laid before you. " We are your most obedient servants, "Walter Logan amd Co." Statement of the Affairs of Walter Logan and Co., of No. 46, Lime Street, London, October 4, 1852. debtor. To creditors on open accounts £19,965 To creditors on acceptances 7,536 To creditors on securities of shipments £35,540 To creditors seciu-ed by sundry property 3,729 10 To creditors not covered 795 To estimated liabilities on bills receivable 3,816 £32,112 CREDITOR. By cash, bills, etc., in hand £250 By sundrv debtors, good 574 By sundry debtors, doubtful 4,310 By cost of property shipped, on which advances have been ob- tained £47,901 By debt from D. Logan and Co. 726 By debt from Fortes, Logan, and Co 5,676 By debt due from Amador, Sa- 'nudo, and Co., of Bogota ... *3,376 By debt due from Ezponda, Cor- redor, and Co t3,154 Totalamount of secui'ities... £60,833 Liable to payment of advances per contra, amounting to 35,540 £25,293 £25,293 Less the two debts as above £6,530 Balance between cost of ship- ments and advance received on account of same ;J;18,763 Carried forward £25,293 £5,134 * Amador, Sanudo, and Co. have required time to pay their engagements iu fuU. t The estate of Ezpuudu, Corredor, and Co. is now under liquidation. X This amount of .ClS,7(j3 will be ali'ected by the advances obtained, and sales made by Mr. Portes, with which he has absconded, as well as by the tluctuations of the markets aiid the con- tingencies attendant thereon, in consequence ol' the conduct of Mr, Portes. XXXVm APPENDIX. Brought fonv-ard £25,293 £5,134 Bysecui'itieswitlicreilitorseoM^ra £3,829 10 Lessclaims 3,729 10 100 By balance of cliiini in respect of steamer that was lost (now under arbitration) 1,524 By D. Logan, old accoimt 5,267 Bv balance at bankers, £436 1*. 5<^., which will 'be retained against bills under discount. £25,293 £12,025 THE ESTATE OF J\iE. FRANCIS CHAMBEES, EAST INDIA TKADE. A meeting of the creditors of Mr. Francis Chambers, connected with the East India trade, wlio failed on the 7th of November, 1851, was held on the 8th ot December, Mr. F. Mellersh in the chair, when the annexed statement was presented by Mr. J. E. Coleman, the accountant : — Statement of the Affaies of Francis Chambers, of St. Dunstan's Hili, Tower Street, East India Merchant, etc., November 6, 1851. DEBTOR. To creditors £48,024 3 4 Ditto holding security for deficiency, after deducting the esti- mated value of securities held 7,438 7 6 Billspayable £10,933 19 4 Against which there are debit balances 9,137 5 5 1,796 13 11 Liabilities on bills receivable 2,085 5 6 Underwriting accounts 1,857 16 1 Total liabilities £61,202 6 3 CREDITOR. By debtors (good) £5764 5 8 Ditto (doubtful), £6931 0*. 3d., estimated to produce tlu-ee- iburths in the pound 1,155 3 9 Stock of wines and other property 3,317 3 Surplus from securities held by creditors 1,141 19 6 Funiitm-e £500 £11,378 11 11 Less debts under £20, to be paid in full £180 14 2 Bents and salaries, etc 130 310 14 2 Totalassets £11,067 17 9 By securities held for N. de St. Croix, estimated at 720 By ship " Fortescue," ninth voyage 1,104 11 1 With regard to the statement of account, Mr. Coleman explained that the last two items on the credit side were placed in the manner they had been, because in APPENDIX. XXXIX the case of the securities held for Mr. St. Croix those securities were intended to have passed for advances made ; but as they liad not in reality been given, they "were retained as being " in the order and disposition of" Mr. Chambers, while, witb respect to the freight of the ship " Fortescue," it was extremely doubtful what would eventually be recovered. The great deficiency between debts and assets, as pre- sented by the general position of the estate, could be clearly traced, and it appeared that it chiefly arose from bad and doubtful debts, £20,000 ; losses on general advcr.- tures, £25,398 ; and losses on ships, £2,904. In 1847, Mr. Chambers Lad, according to his books, £6,364 to the credit of his capital account ; his profits had been £9,543; his trading expenditure, £3,090 ; and his personal expenditure, including payments of premium on life policies, £6,090. The whole of his transactions had been thoroughly investigated, and in all cases where advances had been made on securities it was found, with the exception all eady alluded to, that the securities, as stated, had passed at the time the advances were made, so that no preferences had been given to creditors. On the subject of the ultimate realization of assets, Mr. Coleman said it was necessary to inform the meeting that they were of a pre- carious nature, inasmuch as the principal item of good debts, £5,760, consisted ot balances on shipping accounts and vessels with which Mr. Ciiambers was con- nected. In some cases he possessed the protection afforded by mortgages, but in others he would have to depend upon the captains and parties representing his interest. After some conversation i-elative to the business transactions between Mr. Chambers and Messrs. Furman and Hadow, the question of the manner in which the estatu should be liquidated was brought forward. The wish that a definite offer should be made having been expressed by tiie majority, Mr. Coleman stated he had already consulted Mr. Chambers on tliat point, who considered that he might, with some assistance from friends, be enabled to pay his creditors 3s. 6rf. in the pound. To complete this arrangement, however, he would require time, and hence, if concurred in, it was proposed to offer la. in a month, Is. 3d. in four months, and Is. 3d. in eight months, furnishing security for the last payment. A resolution to this effect having been prepared and carried, the chief creditors signed it before the meeting broke up. THE ESTATE OE JAINIES BULT, SON, AND CO., GOLDSMITHS AKD BULLION DEALERS. A meeting of the creditors of Messrs. James Bult, Son, and Co., engaged in business as goldsmiths and bullion dealers, whose suspension was announced on the 1st January, 1852, look place on the 18th February, when the following statement, prepared by Mr. Quilter, the accountant, was presented : — Ja3ies Bult, Sox, and Co. — Statement op Affaies, January 1, 1852. DEBTOR. To sundry creditors £45,671 18 10 To sundry creditors — In respect of R. Williamson's draughts on us 41,725 To liabilities on acceptances of Bourke's draughts 1,672 18 2 To Uabilities on bills receivable as per statement — Considered good £28,938 8 5 Considered bad 4,260 £93,329 17 creditor. By cash, viz. : — Inhouse £709 18 10 At Robarts and Co.'s 19,345 5 5 Carried forward £20,055 4 3 xl APPENDIX. Brought forward £20,055 4 3 By bills receivable in hand — Considered good £1,966 2 Considered doubtful, £2,500, estimated at... 600 2,566 2 By bulhon in house 1,211 1 By sundry debtors — 'Considered good 143 7 5 Considered doubtfid, £804 16*. 6d., esti- mated at 400 • 543 7 5 Considered bad £1,039 15 By E. Williamson £166,805 15 3 Estimated to produce 22,515 13 8 £46,891 6 6 Deduct (to be paid in full), viz. : — E-ent, taxes, salaries, expenses, etc £500 Svmdi-y creditors under £20 eacli 150 14 1 ■ 650 14 1 £46,240 12 5 In explaining the above accounts, which show about 10s. in the pound, Mr, Maynard, the legal adviser of Messrs. Bult, detailed the causes which led to their suspension. Tliese consisted solely in the large advances made, througli a series of years, on behalf of collieries and iron works in North Staffordsliire (tlie property of Messrs. Williamson), which, in addition to liaving absorbed all their available resources, liad left them with a considerable ainoinit of liability'. The ultimate realizntion of the estate depended in a measure upon the proceeds to be gained from an arrangement etl'ecte 1 in connectlim witli those properties, and, therefore, mutual co-operation had been necessiiry to bring about a settlement. The assets of Messrs. Bult aud Co. already in liand would pay a dividend of 5s. in the pound; and, if the terms with their chief debtors could be arranged, a further sum of 5s. would be secured. The creditors, under these circumstances, would be asked to siceept a composition of 10s. in the pound, it being understood that one portion of the Stiiffordshire works would pay 2s. 3d. and the otiier Gv. 8^/. in the pound. To effect this, Messrs. Williamson had gained assistance from their friends, and the funds requisite would, it was understood, be provided within a fortnight. The aft'airs of the collieries and iron works had been thorouglily investigated, and, encumbered as they were witli mortgages and other liens, tlie arrangement proposed was regarded as the best that could be obtained. The feeling of the creditors was evidently favourable to the acceptance of the composition named, and after a short discussion, in the course of which Mr. L. Moseley and others expressed sympathy for the position of the firm, the annexed rcsoluiion was at once adopted : — "At a meeting of the creditors of Messrs. James Bult, Son, and Co., held the 18th day of February, ]iSr}2, at the ollices of Slessrs. Crowdcr and Maynard, 57, Coleman Street, a proposition having been submittt'd to the meeting that, upon payment by Messrs. James Bult, Son, and Co., of a composition of 10s. in the pound upon the amount of all their debts above i'20, they sliould be released from further liability; and, further, that the holders of bills, bearing their names and drawn or endorsed by Mr. Robert Williamson, should receive, in addition, a composition of 2s. 3d. in the pound upon the amount thereof; and that the holders of bills drawn, accepted, or endorsed by the Goldcndale Cotnpaiiy and the Slonetrough Colliery slundd leccive a compensation of Gs. Hd. in the pound upon the amount, and that thereupon the bills should be cancelled and all parties released : it was resolved — That the above propo- sition be accepted, provided that the compositions be paid within one month from this date." APPENDIX. Xli THE ESTATE OF MACKEY, HADOW, AIS^D CO., EAST INDIA TKADE. A meeting of the creditors of Messrs. Donald Mackey, Hadow, nnd Co., engaged in the East India trade, wliose suspension was announced on the 22nd January, 1852, took place February 3rd, when the subjoined statement, prepared by Mr. J. E. Coleman, the accountant, was presented : — Statement of Affairs of Messrs. Donald Mackey, Hadow, and Co., of No. 6, Broad Street Buildings, in the City of London, Merchants, FROM March 25, 1818, to January 22, 1852:— DEBTOR. To creditors on open balances £3,842 14 1 To ei-editors on bills payable £10,374 4 4 Less to be secured in Ceylon by produce 3,500 6,874 4 4. To creditors holding security to the full amount of their claims £5,364 19 9 Estimated value of securities held 5,624 1 6 Surplus to contra £259 1 9 To creditors partly secured £420 Estimated value of secm-ities held 360 15 9 59 4 3 To bills accepted on account of D. C. Mackey's produce accoimt 7,300 To creditors on biUs payable £1,944 15 11 Less amount of balance due from' the drawers ofsuchbiUs 937 15 2 1,007 9 Amount of liabilities expected to rank on this estate £19,083 3 5 To profits 10,660 1 1 To liability on bills receivable, outstanding, £35,365 13*. 4c?., the whole of which it is expected will be duly met at matvirity... £29,713 1 6 CREDITOR. By cash at bankci'S £47 19 6 Bycashinhand 10 19 3 £58 18 9 By debtors (good) 1,986 8 3 B'y debtors (doubtfid) £2,027 11 By profit to be received on part charter of sliip . . . 500 By estimated surplus from secvu-ities contra 259 1 9 By advances on produce to come from coffee estates in Ceylon 1,25114 6 By debts due from consigners for advances made upon goods consigned to D. C. Mackey and Co., of Calcutta 3,283 10 2 By balance due from D. C. Mackey and Co., of Calcutta 2,133 3 10 By ditto, D. C. Mackey''9 produce account 7,300 By losses 3,816 12 2 By doubtfid debts (as above) 2,027 110 Carried forward £22,617 5 xlii APPENDIX. Erought forward £22,617 5 By expenses and charges 2,716 2 2 By amount drawn out bv D. C. Mackey £2,943 8 7 By ditto J. S. Hadow .^ '. 1,466 13 4 4,410 1 11 £29,743 4 6 Before the accounts were discussed, Mr. Fisher, as the legal adviser of the firm, intimated that Mr. Donald Mackey, who is at present in India, was the sole surviving; partner, Mr. Hadow having died in 1849. The business in London since Mr. Mackey's departure had been carried on by Mr. Drysdale, who was deputed to act by a general power of attorney. Under these circumstances it was suggested that, after the accounts had been explained, it would be better to make arrangements for collecting the assets until advices shall have been received from Mr. Mackey respect- ing the course he proposes to pursue. With regard to the statement, it was men- tioned by Mr. Coleman that it had been prepared from the books, which were accu- rately kept. It was not possible to form an estimate of the ultimate realization, but several items of the assets, there was reason to expect, might produce the amount set against them. Some of the creditors complained of the firm having been carried on by Mr. Donald Mackey, under the title of Mackey, Hadow, and Co., after the dealli of Mr. Hadow, especially as it now transpired that Mr. Drysdale was not a J)artner ; others, however, exonerated the latter, who had never misled any one regarding the nature of his connection with the business. Mr. Creaton, a partner in the Calcutta house, was asked relative to the prospects of that establishment, and replied that when he left India it was in a sound condition. After further inquiries as to the probable early return of Mr. Mackey to this country, and the period wl)en it was likely accounts could be received from the Calcutta and Moulmein houses, the following resolution was passed, and the meeting adjourned : — " At a meeting of the creditors of Messrs. Donald Mackey, Hadow, and Co., mer- chants, held this 3rd of February, 1852, at No. 6, Broad Street Buildings, London, it being represented to this meeting that Mr. Donald Campbell Mackey is the only surviving partner, and that he is now in India, attending to the affairs of Donald Campbell Mackey and Co., of Calcutta, in which house he is also a partner, and it appearing that no definite arrangement as to the liquidation of this estate can be made until Mr. Mackey has been communicated with, it was, after a statement of the affairs had been laid before the meeting by Mr. Coleman, the accountant, resolved that Mr. George Drysdale, who has, since February last, when Mr. Mackey left England, conducted the affairs of the house under power of attorney from Mr. Mackey, be requested to continue his services, under the inspection of Mr. Duncan Dunbar and Mr. T. R. Brown. That all assets, as they shall be got in, shall be paid to an account at Messrs. Glyn's, in the names of the said inspectors and of Mr. Drysdale, ■who shall be at liberty to allow and pay all necessary outgoings and expenses. That this meeting be adjourned, to give Mr. Mackey an opportunity of making a proposition to the creditors for the ultimate liquidation of the estate. That a copy of tiiese resolutions be sent out immediately to Mr. Mackey." The house in Calcutta liaving failed, and Mr. Mackey having sought the benefit of the Insolvent Court in the Presidency, all further proceedings here are regarded as concluded. THE ESTATE OP KEITH, SHOOBRIDGE, AND CO., SHAWL PRINTERS. A meeting of the creditors of Messrs. Keith, Shoobridge, and Co., shawl printers, who suspended on the 21st February, 1862, was held on the 8th of March, Mr. Piot in the chair, wlien the following statement, prepared by Mr. H. Chatteris, the accountant, was presented : — APPENDIX. xliii STATEArENT OP APFAIBS OF DaNIEL KeITH AND ThOMAS ShOOBKIDGE, TEADING AS KEiTn, SnooBEiDOE, AND Co., No. 124, Wood Steeet, Febeuaey 23, 1852. DEBTOR. To siindry creditors unsecured £18,256 8 To ditto pai-tiaUy secui-ed £11,248 6 2 Who being printers claim a lien upon goods in tlieii" hands, amounting to 3,904 19 11 V,343 6 3 To sundiy creditors secured £12,304 G 9 Bills and goods deposited in their hands 12,959 12 6 Surplus carried to cow^ra side £525 5 9 To Edmund Upton, Hability on his acceptances in favour of Keith, Shoobridge, and Co. 3,071 14 Less estimated value of property in liis hands ap- pUcable to the payment of these bills 1,348 15 1,722 19 To liability on accommodation bUl accounts £15,979 2 5 Out of vrhich there wiU be proved against this estate 10,654 16 11 To habiUty on Keith, Shoobridge, and Co.'s ac- ceptances which should be pi-ovided for by the di-avvers 2,852 6 3 Out of which it is estimated there will be proved against this estate 1,881 19 To hability on bills receivable 18,85118 6 Out of wliich it is estimated there will be proved agamst this estate 500 £40,359 9 2 CEEDITOE. By stock in trade at cost price as per stock-books £4,306 9 11 By sundry debtors considered good 1,098 15 6 By ditto, "bad £950 7 1 By sui'plus property deposited with creditors fer contra 595 5 9 By cash at banker's 26 11 8 By warehouse fixtures, say 70 By Daniel Keith's property, being the amount of capital standuig to his credit with Keith and Co 1,651 3 9 7,748 6 7 Less rent, taxes, and salaries to be paid in full 99 6 8 7,648 19 11 By deficiency 32,710 9 3 £40,359 9 2 With reference to the accounts, it was explained that the assets showed 3.y. 9\d. in the pound, and that Messrs. Keith, Shoobridge, and Co. proposed to off'er a com- position of 2*'. Qd. The cause of suspension was said to have been losses in business spreading over several years. In June, 1848, the firm was insolvent to the extent of £3,735, and in June, 1849, the deficiency had increased to £7,000. The trading was subsequently carried on, though no periodical balance was taken until the 20th ultimo, when the house suspended with a deficiency of £32,700. To account for this tlie losses on sales were stated at £8,0 14 ; trade expenses, £6,830 ; less on accommo- dation bills, £7,540 ; drawings of i\lr. Keith, £1,252; drawings of Mr. Shoobridge, £1,517 ; and bad debts, £950. When this state of affairs was presented, and when, moreover, it was intimated that there were specific drawings by Mr. Keith for which xliv APPENDIX. he could not give a satisfactory explanation, the creditors generally refused to listen to the offer of a composition, and contended it was a proper case for the Gazette. Another point which created a strong impression was the allegation of preference payments having been made to certain creditors for £3,400 (a sum equal to one-half of the existing assets) a day after the house had suspended. Under tliese circum- stances it was dpemed desirable to pass the annexed resohition, which having been carried, Messrs. Keith and Shoobridge signed the required declaration of insolvency : — " At a meeting of the creditors of Messrs. Keith, Shoobridge, and Co., of 124, Wood Street, Cheapside, held this 8th day of March, 1852, at the offices of Mr. H. Chatteris, accountant, Gresham Street — Resolved, that in the opinion of this meeting the estate of Keith, Shoobridge, and Co. can only be satisfactorily administered in bankruptcy, and that to facilitate such administration those gentlemen be requested tosic;n and deposit with the chairman a declaration of insolvency." The estate was, consequently, wound up in bankruptcy. THE ESTATE OE MESSES. EITCHIE BEOTHEES, WEST INDIA TRADE. A meeting of the creditors of Messrs. Ritchie Brothers, engaged in the West India trade, who failed on the 11th of March, 1852, was held on the 2nd of June, Mr. Kirkman Hodgson in the chair, when the following statement, prepared by Messrs. Quilter, Ball, and Co., the accountants, was presented : — Statement of the Affairs of Eitchie Beothees, Maech 11, 1852. DEBTOE. To trade creditors — Unsecured £4,64-2 14 5 Partially secured, viz. : — Amount of claims £10,464 2 10 Less estimated to be covered to the extent of ... 5,672 11 11 4,791 10 11 To cash creditors 53,127 15 1 Less estimated value of securities 9,369 10 6 43,758 4 7 To creditors fully secured, viz. : — Estimated valvie of property held 6,312 16 6 Less amoimt of claims 4,646 13 Taken as an asset ^jer coM^ra 1,666 3 6 To liabilities on acceptances to be provided for by thedrawers 68,449 8 To liabilities on bills receivable, considered good 28,408 8 2 £53,192 9 11 CEEDITOE. Bycashinhand £167 1 By sundry debtors — 'Considered good 3,381 7 4 Considered doubtful 11,373 13 8 Esthnated to produce 1,000 Considered bad 9,149 2 By consignments to New York 632 8 3 'By surplus secmities in hands of creditors per contra 1,666 3 6 Carried forward £6,846 19 2 APPENDIX. Xlv Brought forward £6,846 10 2 Deduct, creditors to. be paid in full 158 18 1 £6,688 1 1 By balance deficiency £53,192 9 11 The following statement accounts for the deficiency : — Statement Accounting for the Deficiency feom Januaey 1, 1845, TO March 11, 1852. DEBTOR. To deficiency, Hth March, 1852, as per Statement of Affairs £46,504 8 10 To capital, Ist January, 1845, viz. : — Thomas Eitcliie £10,000 Walter W. Ritchie 10,000 1o sundry profits, viz. : — Commission £16,764 13 10 Discount 845 12 4 Foreign exchanges 27 3 2 Fire insurance 18 15 5 20,000 17,656 4 a To profit on adventm-es, viz. : — Manilla cheroots £22 3 2 Lima wood 18 1 Shu'ting to Shanghai 53 18 7 Chinarawsilk 298 13 7 Tobacco 172 5 4 565 1 8 To suspense account 67 3 10 £84,792 19 1 CREDITOR. By expenses, viz. : — Counting-house expenses £6,483 12 4 Postage account 238 2 2 Insurance do 28 4 2 Freightdo 163 16 3 Charges do 593 3 By losses on adventures, viz. : — Cotton £4,699 12 3 Madder 1,186 19 8 Coffee 1,968 17 3 Sugar and molasses 1,683 12 5 Gmghams, etc 338 11 1 Cocoa 917 15 1 Tea 533 3 4 Pepper 531 13 5 Gambia 103 7 7 Swedish steel 135 8 7 Cinnamon 200 1 5 Camphor 800 4 11 Scotch pig-iron 1,300 10 Flour 415 2 8 Sugar candy 151 6 8 Carried forward £14,965 17 2 £7,506 17 11 £7,506 17 H xlvi APPENDIX. Brought foi-ward £14,965 17 2 £7,506 17 11 Merchandise 563 5 11 Sundries 386 19 11 15,916 3 By Messrs. Dauncey and Latham — Liquidation account £2,581 7 10 Guarantee do 3,81115 4 6,393 3 2 By sundiy losses 194 17 2 By bad debts 30,930 1 3 By partners' di'awings, viz. : — Thomas Eitchie ) o^roa in n Walter W. Ritchie j 2^,884 10 / By open balances 967 6 £84,792 19 1 With regard to the estate, it was explained by Mr. Ball that the assets showed a dividend of between 2s. 6d. and 3s. in the pound. Messrs. Ritchie Brothers .suc- ceeded the firm of Moens, Dauncey, and Latham, and introduced, when they com- menced, in January, 1845, a capital of i'20,000. They had, however, been unfortu- nate in the majority of their adventures, and had, through the losses occasioned by these and bad debts, been compelled to suspend. Their chief operations had been in cotton, madder, coffee, sugar, pig-iron, camphor, and cinnamon. It was also in- timated that the family creditors represent upwards of £47,000, so that the liabilities incurred in trade are proportionately small. Not tlie least discussion took place after this explanation, and it was unanimously agreed to wind-up the affairs under inspection. Mr. Kirkman Hodgson is not a creditor, but attended on behalf of the family connection of Messrs. Eitchie Brothers. Annexed is the resolution adopted : — "At a meeting of creditors of Ritchie Brothers, held on the 2nd of June, 1852, Mr. Kirkman D. Hodgson in the chair, a statement of the affairs of the house having been laid before the creditors, it was resolved — " That a letter of license be granted to Messrs. Ritchie Brothers to liquidate the estate under the inspection of Mr. C. H. Gray and Mr. Kirkman Hodgson on behalf of the creditors, and that the usual deed for carrying such arrangements into effect be prepared for the signature of the creditors, sucli deed to contain a provision for a release to Messrs. Eitchie Brothers as soon as the inspectors shall certify that the conduct of those gentlemen in the liquidation of the estate has been satisfactory to them." THE ESTATE OE C. AND B. HOOPER, LJIATHEB FACTOES. A meeting of the creditors of Messrs. C, and B. Hooper, leather factors, who suspended on tlie 7th of February, 1852, was held on the 2nd of March, when the following statement was presented by Mr. Broom, tlie accountant : — Statement of the Affairs of Cleeve and Benjamin IIoopek, February 9, 1852. DEBTOR. To sundry creditors £17,390 18 11 To sundry liabilities £47,509 16 5 £17,390 18 11 APPENDIX. xlvii CBEDITOR. By cash at the bmiljers £828 12 6 N.B. Tlie balance at the bankers is subject to any unpaid bills wliich they may hold, also to two claims of Mr. Nel- son for £506 4V. 8rf'., and £200 to Mr. Alderman Challis, By stock of leather, hides, etc., estimated at 904 13 4 By debts 4,580 2 11 Considered good £3,613 11 11 Considered doubtful (£1,933 2s. Id., at 10s. in the pound) 966 11 £4,580 2 11 By horses, carts, fixtures, etc., estimated at 500 By property, life pohcies, and reversion 845 N.B. Tliis ])roperty is chiefly held by a client of Messrs. Slee and Eobinson, to secm'e an advance of £i,000 made to Henry Hacker. It is presunied that Mr. Hacker's separate property on mortgage will be nearly sufficient to satisfy this claim. By freehold house and tanyard at Aldborongh, Norfolk, value beyond existing mortgage 50 By lease of premises in Seething Lane (six years unexpu-ed), estimated at 500 N.B. Deposited with the bankers to secure them against any unpaid bills. Will be forfeited in case of bankruptcy. By C. Hooper's furniture (exclusive of that por- tion which is included La the mai'riage settle- ment and private debts — about £50) £200 By B. Hooper's furniture 400 600 £8,808 8 9 Before details were entered upon, Mr. Rutherford, the legal adviser of Messrs. Hooper, explnined the circumstances attending their suspension. Although the firm were in favourable credit, and not the least suspicion Lad been entertained of their insolvency, the accounts on being examined showed their stoppage to be un- avoidable. Mr. Broom, in furnishing information respecting the position of the estate, mentioned that the partners, owing to an inability to estimate the proportion of liabilities likely to come against them, were not prepared to make an offer for a composition. Already a number of bills had run off, and others would doubtless be provided for, but as they were connected with a variety of parties it was im- possible to estimate the ultimate result. The whole of the paper arose, however, from bond fide transactions. Messrs. Hooper commenced business in 1845, suc- ceeding their mother, to whom they agreed to pay £250 for twelve years, or, in other terms, to allow for the purchase of the good-will £3,000. Half of the amount had been paid, and the remainder constituted a legal debt against the iirm; although it ought to be relieved, if not from all, from a portion of the demand, since the old estate had been fed at the cost of the new. To account for the deficiency of i'8,000, and the profits returned at .£19,000, making together £27,000, it was stated that the bad debts had absorbed £14,476, while the drawings of Mr. C. Hooper were i'5,700, and those of Mr. B. Hooper £6,700, including payments for premiums of assurance, etc. Their discount account showed no extravagant or usurious charges, their bills having passed through their bankers or the leading discount houses. A good deal of discussion took place on the prospects of the liquidation, and the limited amount of assets shown. It was alleged that Messrs. Hooper had not, at the period of their suspension, a knowledge that they were in so embarrassed a position, a statement they had drawn out themselves inducing them to believe they possessed nearlv 20*. in the pound. On the proposal that the estate be wound up under inspection,'some conversation ensued relative to the possibility of getting it satisfactorily settled, and an objection was raised to bankruptcy on account of the expense. Eventually the appended resolutions were carried, and a number of creditors signed them before leaving. In the course of the proceedings a, full statement of the circamstiinces Xlviii APPENDIX. attending the non-payment of certain checks at the bankers the day the firm stopped was made, with the view of clearina; the character of Jfessrs. Hooper from an unfiivourable impression created with respect to those transactions : — "At a meeting of the creditors of Messrs. C. and B. Hooper, held at the George and Vulture Tavern, the 2nd of March, 1852 (Mr. Neshitt in the chair), a statement of tlie assets and liabilities was read to the meeting by IMr. Broom, the accountant, of the firm of Broom and Bagshaw, and the meeting having come to the conclusion that it was expedient that the affairs should be wound up iinder a deed of arrange- ment, with the supervision of inspectors, it was therefore resolved — " 1. That Mr. Thomas Laurence (of the firm of Streatfeild, Laurence, and Morti- more), Mr. Richard Hill Fisher (of the firm of Fisher and King), and Mr. Robert Neshitt (of the firm of A., R., and A. Nesbitt) having consented, are hereby appointed inspectors. " 2. That a deed of arrangement be prepared, with proper provisions for winding lip the affairs of the firm, under the control of the above-named inspectors, and for securing the collection and early distribution of the assets, and that when there shall be a clear net amount in band sufficient to pay to all the creditors 2?. 6'/. in the pound upon the amount of their respective debts, the same shall be immedi- ately paid to them without any preference or priority, according to the rules of administration in bankruptcy, and containing covenants by Messrs. C. and B. Hooper that they shall carry on such liquidation under the inspectors, and cove- nants on the part of the creditors not to sue Messrs. C. and B. Hooper for three months, and tliat the inspectors shall have power to enlarge that time, if they shall deem it advisable, to a period not exceeding an additional six months, and that at the expiration of such period, or of such enlarged period, and upon Messrs. Hooper assigning the outstanding assets to trustees for distribution among the creditors, they shall be released from all claims. The deed of arrangement shall also contain such otlier provisions as are usual in deeds of inspectorship, and as shall be approved of by the inspectors on behalf of the creditors. '' 3. Tlie creditors, according to this arrangement, shall not be prejudiced as to any securities or liens they may liold, or as to their rights against third parties. " 4. The inspectors to have power to allow for maintenance and expenses such reasonable amounts as they in their discretion shall see fit. "5. That in the meantime, until the deed of arrangement shall be executed, these resolutions shall form a memorandum of arrangement for the administration of the affairs." APPENDIX. xli: PART III. STJSPENSIOXS IN 1853. Jan. Messrs. CoUmann and Stolterfolit, London, merchants. „ Mr. E. Werthemann, Amsterdam, merchant. Feb. Messrs. C. Eiva and Co., St. Petersburg, merchants. „ Mr. T. Rawack, Ilaniburg, merchant. Mar. Mr. Lemuel Goddard,iron and sperm-oil merchant. (Subsequentlyresumed.) April, Mr. John Attwood, London, metal merchant. „ Messrs. Wentzell and Co., Kotterdam, merchants. May. Messrs. Denny, Clark, and Co., London (liquidated from diflerences between the partners), East India merchants. „ Messrs. Chiriaco and Co., London, Greek merchants. June. Mr. B. Mirasyedi, Manchester, Greek merchant. „ Mr. A. E. Homersham, London, wool merchant. „ Messrs. A. Wrampe and Co., London, Baltic merchants. Aug. Mr. W. G. Maltass, Smyrna, merchant. Oct. Messrs. Schultz and Wahuschaffe, Hamburg, merchants. Nov. Isle of Man Bank (Messrs. Holmes and Co.) SUSPENSIONS IN 1854. Jan. Messrs. G. and G. Buono, Naples, merchants. „ Messrs. Thomson Brothers and Sons, Clitheroe, calico printers. Mar. Messrs. Dickson and Co., Glasgow, Australian merchants. ,, Messrs. Gladstone, Bond, and Co., Manchester, general brokers. „ Mr. Tiiomas M'Gretror, London, woollen warehouseman. „ Messrs. Warwick, Harrison, and Co., London, shawl and silk manufacturers. „ Messrs. Lenjamiu Elkin and Sous, London, West India and Australian merchants. „ Messrs. P. Monteaux and Co., Paris and London, foreign exchange dealers. „ Messrs. Lampronti and Co., Florence, merchants. ,, Messrs. MtiUer and Bun'oughs, London, foreign exchange dealers. „ Messrs. Leroy, De Cliabrol, and Co., Paris, bankers. April. Mr. C. E. Moate, London, metal broker. „ Mr. Ilja SteplianofF, St. Petersburg, cotton dealer. „ Mr. M. Jensen, Riga, broker. „ Mr. S. Alexeyeff, Moscow, merchant. „ Mr. T. Mathias, Moscow, merchant. ,, Mr. C. Kybjr, Moscow, merchant. May. Sir Evan Mackenzie and Co., London, merchants. „ Messrs. Brown, Coultate, and Co., Manchester, cotton brokers. „ Mr. P. C- Salvage, Manchester, Greek mercliant. ,, Messrs. Scaravaglio and Peloso, Genoa, merchants. June. Mr. Julius Steding, Moscow, merchant. „ Mr. M. Godd.ard, Birmingham, American shipper. „ Messrs. Davidson and Gordon, London, prodiice brokers and metal agents. „ Messrs. Cole Brothers, London, East India merchants and metal brokers. July. Messrs. H. W. Lord and Co., London, East Indian and colonial brokers. „ Mr. Spiridone Gopcevitch, Trieste, merchant. (Ecsumed in a few days, assisted by Bank of Vienna.) „ Mr. Mark Gopcevitch, London, merchant. (Resumed in a few days, assisted by Bank of Vienna.) „ Messrs. E. and G. L. Schuvler, New York, railway agents. „ Mr. J. Tucker, Philadelphia, president of Etading Eaikoad. „ Mr. J. Lawton, Havannah, merchant. ,, Messrs. Crawford and Echarte, Havannah, merchants. APPENDIX. Aug. Messrs. Pegler Brothers, London, Spanish merchants. (A. Peglar resumed January 6, 1855.) „ Messrs. Morpurgo and Co., London, Italian merchants. „ Messrs. Werthemstein Sons, Vienna, merchants. „ Mr. R. C. Sercombe, London, corn merchant. „ Messrs. T. Freen and Co., London, manufacturers of Roman cement. Sept. Messrs. David Scott, Richmond, and Co., Manchester, merchants. „ Messrs. Currie, Dale, and Co., London. „ Messrs. Deane, Youle, and Co., Liverpool, South American merchants. ,, Messrs. Lukin and SkuratofF, Moscow, cotton manufacturers. ,, Mr. J. Osteried, Moscow, calico printer. „ Mr. H. J. BolotofF, Shuya, calico printer. „ Mr. G. A. Ulh'ch, Trieste, merchant. ,, Mr. James Mitchell, Bradford, woollen manufacturer. Oct. Mr. Edward Oliver, Liverpool, shipowner. „ Mr. James M'Henry and Co., Liverpool, merchants. Nov. Messrs. Allen and Anderson, Loudon, American grain and provision merchants. ,, Messrs. Lemon and Co., Brentwood, bankers, „ Messrs. Brown and Son, Arbroath, tanners. „ Messrs. Clay and Gillman, London, merchants. „ Messrs. Ellis and Sturgis, Cincinnati, merchants. ,, Messrs. T. S. Goodman and Co., Cincinnati, merchants. „ Messrs. J. R. Morton and Co., Cincinnati, merchants. „ Messrs. Smead, CoUard, and Co., Cincinnati, merchants. „ Citizens' Bank, Cincinnati. „ Canal Bank of Cleveland, Ohio. „ City Bank of Columbus, Ohio. „ Bank of Circleville, Ohio. „ Exchange Bank of Buffalo, New York. „ Mr. H. D King's bank, Pittsburgh, Pennsylvania. ,, Nearly all the Banks of Indiana. „ Mr. Heni-y Meiggs, San Francisco, merchant. „ Messrs. William Price and Co., Quebec, merchants. ,, Messrs. Reeves, Buck, and Co., Philadelphia, iron manufacturers. Dec. Messrs. John Benson and Co., New York, sugar refiners. „ Mr. Dennis Harris, New York, sugar refiners. „ Messrs. Patterson, Adams, and Co., New York, tobacco merchants. „ Messrs. Selden, Withers, and Co., Washington, merchants. „ Messrs. Carter and Co., London, shipowners. THE ESTATE OF MESSES. COLLIMANN AND STOLTERFOHT. A meeting of the creditors of Messrs. Collmann and Stolterfoht, of London and Liverpool, engaged in the American trade, who suspended on the 9th of January, 1853, v/as held on the 4th of February, Mr. H. Goschen presiding, when the follow- ing statement, prepared by Mr. J. E. Coleman, the accountant, was presented : — Statement of tue Affairs of Messes. Collmann and STOLTEEFoni, January 10, 1853. liabilities. Creditors on open balances £37,469 1 7 Acceptances out at date of suspension £401,431 14 Of which there has been, and will be, withdi-awn by other parties 278,673 3 3 £122,758 10 9 Deduct assets specially a]ii)licable to part of these bills .' 6,11G 11 11 116,341 18 10 Total (carried fonvard) £153,811 5 APPENDIX. ll Brought forward £153,811 5 Liabilities on Bills receivable discounted, all of wliicli are expected to be honoui'ed at ma- turity £195,669 19 10 ASSETS. Cash in hand and produce realized £36,887 1 3 Deduct charges, etc 397 £36,490 1 3 Good debts, and produce to be realized in a shorttime 37,86116 2 Other assets not immediately available 21,800 17 10 99,155 15 3 £54,655 5 2 Capital, 1st January, 1852 ... £30,041 17 11 Profit for the year 1852... £12,961 9 10 Less cxpench- tm-e of the tlu-ee part- ners 4,529 5 4 8,432 4 6 £38,477 2 5 Deduct bad and doiibtfid debts 11,390 3 2 27,086 19 3 Deficiency £81,742 4 5 Loss by E. F. Pries £81,742 4 5 The above assets are stated UTespective of all recoveries that may be made from the estate of R. F. Pries, or any other doiibtful debt. Mr. James Freslifield, in explaining the accounts, first alluded to the circum- stances attending the suspension, and particularly to the delinquencies of Mr. Pries (now under sentence of transportation for life), through which that event had been brought about. There being nothing on the side of Mr. Turck, the acting partner, to conceal with reference to the connection, that gentleman immediately, on dis- covering that Pries's cheque had been dishonoured, commenced an investigation, and, having ascertained the nature of the forgeries committed upon them, he resolved that the house should at once stop payment, in order to protect the interests of the general creditoi's. The firm had enjoyed the highest credit up to the moment of suspension, and, had it not been for the heavy loss sustained through the frauds of Pries, it would have possessed a considerable surplus beyond all engagements. From the state of the accounts, it would be pi-rceived that tlie assets amounted to .±'99,155, against li.ibilities to the exteut of i'153,811, and that they thus showed a dividend of about 12.9. 6^/. in the pound. Taking into consideration the expense of liquidation, and other contingencies, that full sum might not be realized; but, at all events, there was every prospect of 10s. being paid. The nature of the assets was generally favourable, especially one item of A'36,490, consisting of money immedi- ately available, which would of itself be nearly sufficient to pay a dividend of 5s. in the pound, although it could not be distributed until some further pi-ogress had been made in the withdrawal of liabilities. The other items of 1'37,864, good debts, produce, etc., and £24,800, assets, not immediately available, although they might take time for realization, were believed to be in every respect good. The difi'erence between i'99,000, estimated as the assets, and ±'153,000, as liabilities, left ±54,000 in the shape of deficiency. In accounting for this, it was necessary to state, that the loss by the transactions with Pries, subject to whatever miglit be secured under his bankruptcy, was ±81,742, and, deducting from that amount the capital of the firm of Colhnann and Stolterfoht, originally ±38,000, but reduced by bad debts to ±27,086, the result would be as stated. The suspension, disa.strous as it was, exhi- bited less discouraging fetvtures than had been expected, and it now remained to lii APPENDIX. decide as to the plan of liquidation. In answer to inquiries, Mr. Coleman, tlie accountant, mentioned tluit the London and Liverpool houses had heen included in the statement as one establishment, and that all transactions out of which mip;ht arise any liabilities with the tirms of Fai)er and Bierwith, and H. Stuker, of New York, E. Weithermann, of Amsterdam, and J. Ilirtch and Co., of Rotterdam, had been properly taken into account. Of the acceptances out at the date of suspension, representing i'278,000, which v/ould be withdrawn by other parties, £'155,000 had already been arranged, and there was every hope that the remainder would shortly be provided for. The opinion of the meeting having been taken on the desirableness of the estate being liquidated under inspection, the annexed resolutions were passed, it being intimated, however, that the gentlemen accepting the appointment of inspectors were not creditors, but acting as the representatives of other houses. Iq the course of the proceedings, Mr. Freshfield read to the creditors a narrative of the origin of the connection of Messrs. Collmann and Stolterfoht with R. F. Pries, and the progress of their transactions to the date of the discovery of the forgeries, with the view of placing before the creditors and the public every information on the subject . "At a meeting of the creditors of Messrs. Collmann and Stolterfoht, held at the counting-house in Broad Street Buildings, on Friday, the 4th February, 1853, Henry Goschen, Esq., in the chair, Mr. Coleman, the accountant, having produced and read to the meeting a statement of the debts and assets, it was thereupon resolved unanimously : — " 1, That it is the opinion of the meeting that the house should be liquidated by the partners, under the inspection of the following gentlemen, viz., Henry Goschen, Esq., and John Cunliffe Pickersgill, Esq. " 2. That the salaries of clerks and servants be paid in full. " 3. That a deed be forthwith prepared, by which the partners shall covenant to liquidate the affairs of the house, and divide the proceeds among the creditors rateably, and in proportion to their several debts, under inspection, observing in such liquidation the rules of administration adopted in bankruptcy. That such deed shall contain covenants by the creditors not to sue the partners for twelve months, and that the inspectors shall have power to enlarge that time if they shall deem it necessary, and that, at the expiration of such period, or of such enlarged period, or sooner, if the inspectors shall certify that the liquidation has proceeded svifficiently, and upon the partners executing such assignment as the inspectors may require of the outstanding assets to trustees for distribution among the creditors, the partners shall he released from all claims. The deed shall also contain such other provisions as are usual in deeds of inspection, to be settled by the inspectors on behalf of the creditors. " 4. That creditors acceding to this arrangement shall not be prejudiced as to any securities or lieu they may be entitled to, or as to their rights against third parties. "5. That the private property of the partnei's, after payment of their separate liabilities, be applied in the payment of the debts of the hrm, according to the rules of distribution in bankruptcy, and the inspectors shall have power to make the partners such allowances as they shall think just for their services. " G. The inspectors shall have power to allow all or any of the partners to transact business on their own account, on their covenanting not to use, either directly or indirectly, any of the existing assets of the firm, and to incur no new engagements which could by any possibility be thrown on the existing assets." THE BANKEUPTCY OF ME. W. BEENAED ANDEESON.* Appeoximatje Statement of Debts and Assets laid before the Commissioner, January 12, 1854. debtor. To sundry creditors (unsecured) about £8,500 To ditto (disputed) £900 Can-ied forward £900 £8,500 * This Jjankrnpt was t ried and convicted of fraud in his business as a commission agent. APPENDIX. liii Brought forward £900 £8,500 Toliabmties 4,401 18 3 Not expected to be proved £5,30118 3 To creditors (secured) about 22,000 To ditto (partly seciu-ed) about £5,000 Less seciu'itics held 600 ~ 4,400 £31,900 CREDITOR. By property seized by the ofScial assignee £2,500 By debtors, good and doubtful 3,850 By warrants, and other property held by creditors 24,800 £31,150 In addition to the above, there are consignments and open contracts, from whicli it is expected a considerable sum will be realized for the benefit of the creditors, of which a correct estimate cannot at present be made. THE ESTATE OE MESSES. WARWICK, HAEEISON, AND WAEWICK. A meeting of the creditors of Messrs. Warwick, Harrison, and Warwick, who failed on the 15th of Maixh, 1854, was held at the Guildhall Cofi'ee-house, on the 23rd of March, when the annexed balance-sheet, prepared by Messrs. Parrington and Ladbury, was presented. It will be noticed that the estate shows debts and liabilities amounting to i:37,8S8, while the assets at cost price reach i37,372. An offer of 16^. in the pound was made and accepted, the instalments to be liquidated at three, six, or nine months, with security for the final payment, and the partners, it is expected, will be able to carry througli the arrangement. The house, it will bo noticed, was engaged in bill transactions with Mr. Thomas M'Gregor. DEBTOR. To creditors, as per list ^•34,237 5 1 Less debts of creditors holding securities 2,257 16 11 To liability on bills drawn by Messrs. T. M'Gregor and Co., upon and accepted by the firm The firm has received value on these bills to the extent of il,525 Is. Gd. Liability on bills drawn or accepted by the firm, amounting to i5,64C Is., for which the firm has received value Liability on a bill accepted by the firm for a separate debt of Mr. Charles Warwick Liability on bills receivable discounted, i'6,337 3s. 4f/., of whicli it is supposed will be proved on this estate CREDITOR. By stock in trade, at cost ^25,001 5 10 By ditto, at printers, etc 668 3 9 £31,979 8 2,431 4 2,542 16 898 10 36 17 i'37,888 16 3 By book debts, good By ditto, bad, i'171 8*., estimated at. By cash in hand and at bankers' . . . £■25,569 9 7 10,227 11 53 12 11 147 3 Carried forward £35,997 16 6 liv APPENDIX. Brought forward £35,997 16 6 By bills on hand 80 19 1 By furniture 278 4 3 By leases and fixtures of premises, Nos. 131, 132, 133, Clieapside, held for unexpired terms of 1^, 11|, and 19.2 years, respectively, at a total rental of i'530 per annum, cost a£3,505 3 1 Mortgaged to tlie Provident Life Office for 2,016 13 4 1,488 9 9 ie37,845 9 7 Less rent, salaries, etc 473 2 11 i-37,372 6 8 THE ESTATE OE BIE. THOI^IAS M'GEEGOE. A meeting of the creditors of Mr. Thomas M'Gregor, woollen warehouseman, who failed on the 14th of March, 1854, was held on the 28th of March, when the sub- joined statement, prepared by Messrs. Parrington and Ladbuiy, accountants, was presented. A proposal of 6s. 8d. in the pound, by instalments, spreading over twelve months, was unanimously accepted, and a committee was appointed to inspect the estate, with the view of determining whether security should be required for the final payment. The losses of Mr. M'Gregor by adverse speculations in English stock, railway, and other securities, it is alleged, have amounted to a large simi, while his accommodation bill transactions, which dovibtless include some of these, also repre- sent a considerable amount. It will be noticed in his accounts, that operations in "mining shares" are distinctly alluded to. DEBTOR. To trade creditors i31,442 3 9 To cash creditors i*4,153 3 Less secured 3 925 3 228 2 9 To liability on bills receivable, amounting to X'26.253 Is. 6d., of which is supposed will be returned ^6,187 19 7 Less cash held by a creditor 167 4 7 6,020 15 To liability on bills accepted for mutual accommodation of T. M'Gregor and of other parties, ill, 288 10s. 5^/., of which will be claimed* 10,633 16 5 To liability in respect of bills accepted for mining shares, etc., ^11,603 18.S'. lid., of which will be claimed 2,506 19 8 To liability on bills accepted wholly for T. McGregor's accommo- dation 2.778 12 4 To bills accepted on account of losses 3,522 1 9 £57,132 11 8 CREDITOR. By stock in trade, at cost i'15,744 7 4 V,'y book debts, good 6,566 18 7 By ditto, bad, t3,568 17s. 5f/., estimated at 413 2 4 By furniture 350 By fixtures 498 6 By bills in hand, t3,712 3s. 9d., estimated at 2,145 6 10 Carried forward i-25,718 1 * Value i;5,926 18s. 27. Las been given in respect of these bills. APPENDIX. Iv Brought forward i'25,718 1 By cash in hand 604 4 10 By leases of premises, 149 and 150, Cheapside, and sundry shares and life policy held by a creditor, and supposed to cover his claim, as per contra, i'3,925 Os. 3d. By lease of premises, Holly Lodge, held for 49 years, at £23, cost £60. By shares in bank, etc 170 i'2G,492 4 11 Less rent, taxes, and salaries 676 7 10 i'25,815 17 1 THE ESTATE OP MESSES. B. ELKIN AND SONS. A numerous meeting of the creditors of Messrs. B. Elkin and Sons, lately engaged in the West Indian and Australian trade, who failed on the 20th of March, 1854, was held on the 17th, and, by adjournment, on the 25th of April, Mr. Byass in the chair, when the following statement, prepared by Messrs. Quilter, Ball, and Co., was presented : — DEBTOR. To sundry creditors (unsecured) i'89,789 16 5 To creditors (partially secured) — Amount of claim £33,738 17 6 Estimated value of securities 24,815 Also claims, lien on bills of lading received since the suspension, to the extent of i'3,280, per contra. 8,923 17 6 To creditor (fully secured) jei,426 5 Liabilities, viz. : — On acceptances against consignments, .£19,449 13s. 3(1., estimated to be covered, except to the extent of £296 10 9 On acceptances to be provided for by the drawers, viz. : — Considered good, i'49,518 19.?. 5d.; amount which it is considered will be claimed on tliis estate 21,736 15 4 On guarantee to accept certain drafts from Vienna 3,300 On bills receivable — out-standing, £65,860 lis. 2d.; amount which it is considered will be claimed on this estate 9,386 10 5 34,719 16 6 £133,433 10 5 CREDITOR. By bills receivable on hand f 173 By sundry debtors — Considered good £26,894 17 1 Ditto, doubtful, £13,465 2s. 8d., estimated to realize about 4,000 Bad, £21,010 16^. 5d. A portion of remittances on account of these assets to the extent of £3,289 is claimed by creditor partially secured, per contra. 30,894 17 1 Carried forward £31,067 17 1 Ivi APPENDIX. Brought forward i-31,067 17 1 By consignments outstanding, estimated to produce 7,206 6 11 By store in Trinidad, estimated value 1,200 By advances on property in Demerara 57,439 15 11 i'90,913 19 11 Deduct rent, taxes, creditors under ^'20, and sundries to be paid in full 385 7 8 £96 528 12 3 By deficiency 36'904 18 2 ^•133,433 10 5 Previously to the examination of the accounts, the chairman stated that Messrs. Elkin and Sons, under the sanction of some of the principal creditors, had, immedi- ately after their suspension, granted a power of attorney to a responsible party, resi- dent in Demerara, and that Mr. Isaac Elkin had proceeded thither by the last packet to protect the interests of the estate in that colony, the dependencies there being nearly ^6;),000. Tlie nominal figures show a dividend of about 14s. 6(1., and, irrespective of the Demerara advances, the assets will pay 5s. lOd. in the pound. The sufficiency of the security for the Demerara claim is doubtful, but it was mentioned that reinit- tances have been received since the failure. The whole amount already realized on general account is £12,000, of which about £3,000 is claimed by an individual creditor. The exertions of Mr. Byass and Mr. Davies, in temporarily advising Messrs. Elkin and Suns, were specially noticed. The majority of the creditors having expressed an opinion in favour of winding-up under inspection, Mr. Gurney Hoare proposed a resolution, to the effect that a letter of license be granted to the firm, with the view of allowing time for the development of the West India assets. At the adjourned meeting, the accounts having been fully investigated, it was agreed to adopt this proposition. The only parties objecting were the representatives of the London Joint-Stock Bank, who considered that the irre- gular conduct of Messrs. Elkin, in their bill transactions, rendered them deserving of passing through the ordeal of bankruptcy. It was intimated that there are no separate estates by which the joint one is likely to be augmented. BAIS^KEUPTCY OF SIE EYAN MACKENZIE AND CO. In the matter of Sir Evan Mackenzie, Bart., Robert Cameron, and James Holmes Boyle, of Levant Hoiise, St. Helen's Place, Bishopsgate Street, merchants. Joint Balance-sheet, teom March 7, 1849, to May 18, 1854, the Date of THE Adjudication. DEBTOR. Creditors unsecured £16,106 13 6 Ditto 77 12 £15,184 5 6 Creditors holding security 6,714 1 2 Creditors bedding security on the joint estate, and also on the separate estate of Sir E. Mackenzie... 9,916 12 1 Creditors to be paid in full .i'39 Liabilities 4,606 15 9 Ditto, partly secured 2,777 6 4 Ditto, partly secured by H. S. Boyle and Co 3,522 2 10,845 4 1 Capital brought in by Sir Evan Mackenzie 15,000 Profits 26,939 8 5 £83,599 11 3 APPENDIX. Ivii CBEDITOB. By debtors, good £'1,713 7 5 By ditto, doubtful 340 17 8 By ditto, bad, 45,406 lis. Id. carried to losses below. By property MO Less creditors to be paid in full 39 5 20 15 By property lield by liability creditors 2,801 13 10 By property held by creditors 5,440 By consignments to Calcutta and Sydney, cost.. 10,653 18 7 By liabilities as^^er contra 10,805 4 1 By trade expenses 4,455 8 0^ Amount drawn out by partners — Sir E. Mackenzie 4,084 5 9 Kobeit Cameron 4,043 6 4 J. n. Boyle 2,637 9 10,764 12 10 By losses 4'31,196 7 8J By bad debts 6,406 11 1 36,602 18 9^ By difference in balancing 15 £83,599 11 3 BANKRUPTCY OP ME. IIENET PEAECE. The Balance-sheet of Henry Peaece, of Digsweli House, Welwtn, Herts, Merchant, and of 8, Finsbfry Place, from April 30, 1853, to Date OF Fiat, June 17, 1854. DEBTOR. To creditors unsecured £53,642 8 To creditors pai-tiaUy secured — Amount of claim £5,106 11 6 Seciuntyheld 1,588 2 6 3,518 9 To creditors fully secured — Secvu-ity held 6,540 Claim 4,573 9 2 Sui'plus to cash accoimt 1,966 10 10 £57,160 9 8 To receipts from trustees of my wife's marriage settlement 908 14 10 To fees as director, and dividends on stock and shares, iu various companies 1,016 To profit credited in Pearce and Child's account 1,186 18 11 £60,272 3 5 CREDITOR. Bydebtors £410 Bypropcrty 6,018 15 By surplus from creditors hokUng seciu'ity, per contra 1,966 10 10 £8,395 5 10 Less s>mch*y amounts to be paid in full 792 6 £7,002 19 4 By personal expenses, etc 3,579 10 Can-ied forward £11,182 2 Iviii APPENDIX. Brought forward £11,182 2 By interest and premiiuns on life policies 1,807 6 2 Bv annuity 430 By losses ' 3,382 17 2 By depreciation on property 3,506 5 10 By cajjital to the credit of my account in the firm of Pearce and 'Child, June, 1854. 32,367 13 1 (The yahie of this balance dcjjends entirely upon the valua- tion of estates and debts in the West Indies.) By deficiency, April, 1853 1,596 10 By liabihty on reversionary interest now included in credit, as per contra 6,000 £60,272 3 3 THE ESTATE OF MESSES. DAVID SCOTT, EICHMOND, AND CO. The suspension of Messrs. David Scott, Richmond, and Co., of Manchester, took place on the 14th of September, 1854, and a meeting of their creditors was held on the 22nd, when the following statement was presented : — LIABILITIES. To book debts £42,924 7 1 To Uabiiities — bills in the hands of thii'd parties 150,370 16 11 £193,295 4 ASSETS. By book debts owing to the concern £47,884 6 1 By debts owmg to the concern, for which acceptances have been given 27,472 16 3 By goods in the hands of consignees 8,688 10 By stock of goods, fixtures, and miscellaneous stock in warehouse 5,411 17 1 By miscellaneous property 480 By bUls and cash on hand 3,412 16 1 By available security deposited 2,000 £95,349 16 4 "With regard to this balance-sheet, it is observed: — " In addition to the liabilities above emimerated, there ai'e bills to the amount of £245,000 running, in which the firm is interested, but these are all good and will be duly retired at maturity; so that, altliough the failure involves a total amount of j£438,295, the actual sum with whicli the creditors will have to deal is that set down in the balance-sheet above given, viz., £193,295 4«. Tlie lia- bilities on bills in the hands of third parties is the item in which the creditors are the most interested, inasmuch as in that item is involved tlio paper bearing the names of the three other firms which have since stopped payment, and on the realization of their assets depends materially the position of this estate. Besides the assets enumerated, there is Mr. Scott's private estate which will probably produce from £10,000 to £15,000 for the general estate, but not more than that." THE ESTATE OE ME. EDWAKD OLIYEE. A meeting of the creditors of Mr. E. Oliver, merchant and shipowner, of Liver- pool, who suspended on the 4th of October, 18.')4, was held on the 27th, when the following statement of his aftairs was submitted, and unanimously agreed to: — APPENDIX. Ivix LIAUILITIES. Acceptances out at the date of suspension £7lO,724< Of which are expected to be witll(h•a^^^a and retired by the drawers, or other parties 65,823 11 Creditors on open balances Bills receivable, estimated bad 221,063 10 Deduct seciu-ities in hands of bankers 70,916 15 £644,900 62,267 150,116 14 8 £857,314 3 9 Bills on hand considered good £44,366 11 7 Debts estuuated good 23,125 15 8 Timber cargoes, deducting advances 22,293 6 10 Insurances in New York ... £43,900 Less lien of Ai-thvir Leary . . . 15,021 15 9 Palm-oQ sold to ai-rive Sliips 413,131 15 Freights 165,611 2 28,878 32,600 House at Wavertree 12 shares in Peel River Company 1 share in Australian Agricultural Company... Collieries at UphoU, and estimated at Estmiated surjihis m the hands of Messrs. Goodhall, Cliilton, and Co 10,000 578,742 15 1,000 48 40 3,000 744,094 13 6 Deficiency £113,219 10 3 The following gentlemen, who had acted as temporary trustees, were unanimously confirmed in their appointment: — Messrs. Robert Crosbie, Robert Rankin, Daniel Campbell, John S. De Wolf, and W.J. Fernie. The solicitor for Mr. Oliver intimated that he and his client were confident that, with judicious management, the estate would pay 20s. in the pound, and leave a liandsome balance. The difference between tlie surplus originally shown by Mr. Oliver and the present deficit of i'113,219 10*. Sd. was stated to have partially arisen from the amount of bills likely to be dis- honoured, and from the large depreciation in the value of ships and timber. It was distinctly mentioned, in answer to a question, that the statement presented to the meeting liad been made up in the manner most certain to be realized, so that the public might not be misled. The extent and importance of the faihire of Mr. Oliver may be seen from the following list of creditors, to each of which a number is affixed instead of a name, each number representing a firm : — LIST OF MR. OLITEE's CEEDITOES, SECURED AISTD TrNSECTIKED. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 £120,000 60,000 60,000 45,000 32,000 25,000 25,000 25,000 25,000 20,000 20,000 15,000 15,000 11,000 No. 15 £10,000 16 17 18 19 20 21 22 23 24 10,000 10,000 9,000 8,000 7,000 6,000 5,000 4,000 1,000 The pubhc 132,000 Total £700,000 Ix APPENDIX. THE ESTATE OE ME. J. M'HENEY. A meeting of the creditors of Mr. James M'Henry, -who failed on the 4th of October, 1854, was held at Liverpool on the 2l2nd of November, when an adjourn- ment took place, to afford time for a final consideration of the course ultimately to be adopted. Accordinjj to the subjoined statement, jn-esented by Mr. Frye, the accountant, the assets showed a dividend of Is. 6d. in the pound ; but this, it was expected, might be increased to 2s. or 3s., as the liabilities v?ere likely to be largely diminished by the bill-holders electing to prove against Messrs. Allen and Anderson as partners. The enormous deficiency of i£307,857 was represented as having principally occurred through bad debts in the United States. It was finally determined that the estate shoiild be wound up under a deed of inspection. LIABILITIES. On acceptances £14,940 9 On acceptances to be retii'cd by other parties £35,873 Os. 2d. On book debts 16,754 9 6 On foreign debts 1,510 16 11 On bills receivable..., 268,208 10 1 On 12 drafts of Edward Oliver, accepted by J. M'Henry £30,964 10 6 On Wann and M'Birney's tlu-ee drafts, J. M'Henry, in favoiir of E. Oliver 5,000 35,964 10 6 337,378 7 9 Claims on book debts considered good Valviation of doubtfid debts Ditto, stock on hand Ditto, working unplements Mortgage on the " Ava" 100 shares in the Lancashire Insurance Company, valued at J. Curtis 's promissory note, due October 27 Valuation of office fixtures Cash on hand 5 policies of insurance on the lives of G. Longmore, James Longmore, and James Taylor, valued at Estimated proceeds to be received from Wilham M'Kee and Co., Philadelphia, of Unens ship- ped on accx)unt of S. Tumey ,,, £1000 Less part to be applied in retiring S. Tumey 's acceptance for this amount £22,316 13 5 600 600 400 £200 106 8 6 Yakiation of residue of book debts due to J. M'Henry in America Less payments to be made in full Deficiency S. Tumey's acceptance, due November 16, in hands of J. M'Henry Less surjilus receipts expected fi'om W. M'Kee and Co Less amoimt due to him on book debt 393 3,155 540 2 6 4 600 350 157 16 11 250 300 150 400 93 11 6 2,000 £30,706 1,185 16 10 4 8 £29,521 307,857 5 2 8 1 £337,378 7 9 APPENDIX. Ixi THE ESTATE OF MESSES. ALLEN AND ANDEESON. A meeting of the creditors of Messrs. Allen and Anderson, engaged in the American trade, who failed on tlie 6tli of October, 1854, was held on the 15th of November, Mr. D. B. Chapman presiding, when the following statement, prepared by Messrs. Quiltei', Ball, and Co., was submitted : — Statement of Affaiks, October 6, 1854. DEBTOR. To sundry trade and cash creditors £100,514 9 3 To liabiUties, viz. : — On account of M'Hemy... £102,035 8 3 On account of others 16,817 6 7 £118,852 14 10 Further on account of M'Henry, £111,883 10.9., of which claims wUl probably arise upon 54,182 11 173,035 5 10 To liabilities on indorsements, etc., whicli it is estimated will run oil' and not be claimed on theestate £265,715 14 5 £273,549 15 1 CREDITOR. By bills receivable on hand £2,989 5 2 By sundry debtors, viz. : — ■ On consignment accoiuits £19,166 17 On cmTent accoimts 32,538 12 7 51,705 9 7 By sundry policies and loans on secm'itv 9,291 18 8 Bystock ". 9,284 By estimated surplus value of cotton 7,500 £80,770 13 5 Deduct preferential claims 1,106 12 7 £79,664 10 With regard to the general result of the accounts, it was explained that the assets showed a dividend of about 5s. 6d. in the pound, and that there was every expectation of 5s. at least beins; realized. The liabilities might, it was st.ated, be increased by the sum of £26,000, and diminished to the extent of i'40,000. The connection of the firm of Allen ami Anderson, of London, with that of M'Henry, of Liverpool, arose from the extension of general credit facilities on the part of the former, under the impression that the affairs of the Liverpool house were in a much stronger position. It was mentioned that there were certain liabilities in the United States, which, it was anticipated, would he fully covered by arrangements already made. ilr. Murray, the legal representative of Messrs. Allen and Anderson, after calling the attention of the creditors to the nature of the assets and to the prospect of an early distribution, referred to the position of the holders of bills having the names of M'Henry and Allen and Anderson. In consequence of the connection of the latter lirm with Mr. M'Henry, the holders of the bills (£173,035), in the event of bankruptcy, would have to elect against which estate they would make their proof; and the intention of the resolutions, and of the deed of inspection, would be, to reserve tlie rights of the bill-holders to such an election, and, in fact, to give them all the advantages to which they were entitled. After some conversation, it was generally agreed to wind up the estate under inspection, and the annexed resolutions were carried. It was stated in the course of the proceedings that, so great was the confidence reposed in the stability of Messrs. Allen and Anderson, their own managing Ixii APPENDIX. clei'k, who possessed every opportunity of ascertaining their course of business, was a creditor for ,f 23,000, the principal and interest of capital deposited in their hands. At a meeting of the creditors of Messrs. Allen and Anderson, held on Wednesday, the loth day of November, 1854, Mr. D. B. Chapman in tlio chair, a statement of the afiairs having been submitted, the following resolutions were moved, seconded, and adopted : — " That it is expedient the afl'airs should be wound up under inspection, and that the following gentlemen be requested to act as inspectors, viz., Mr. Richard Sanderson, Mr. John Green Elsey, and Mr. Raymond Pelley ; and that a proper deed of inspectorship, providing for the winding-up, administration, and distribution of the joint estate of the said firm, and the separate estate of the partners thereof, according to the rules in bankruptcy, and as if bankruptcy had taken place on the 6th ult., and with all usual clauses, be prepared and approved by the inspectors; and that a dividend be paid as early as possible upon such deed being signed, and further dividends from time to time when £5 per cent, is in hand. That no creditor signing or assenting to these resolutions shall be in any way prejudiced with respect to his rights or remedies against third persons, or with respect to any security or lieu he may have for his particular debt; and such signature or assent shall be subject to the consent of such third persons, where any consent is necessary. That in the mean time, until such deed of inspectorship shall be com- pleted, these resolutions shall be, and be deemed to be, a memorandum of arrange- ment within the meaning of the Bankrupt Law Consolidation Act, 1849. " THE ESTATE OE MESSES. CARTER AND CO. A meeting of the creditors of Messrs. Carter and Co., shipowners and brokers, ■who failed on the 16th of December, 1854, took place ou the 14th of February, 1855, Mr. Gumming presiding, when the following statement was submitted by Mr. Quilter, the accountant : — Statement of Affairs, December 16, 1854. DEBTOH. To sundry creditors, imseeured — On cuiTent accoimts £39,698 14 8 On underwriter's 38,470 10 1 To sundry creditors having security — Amount of security 27,556 15 5 Amount of claim 19,320 7 3 Siu'plus ^er co«^ra 8,236 8 2 Amount of claun 1,163 8 5 Amount of security 698 2 2 £78,169 4 9 465 G 3 To liabilities — On acceptances running, some of which have since run off, and the securities held against them sui'rendered 83,336 2 In respect of which claims may arise on this estate to the extent of 10,000 On indorsements 130,315 4 Most of which have since run oil', but claims may arise to theeitentof 5,000 £93,634 11 APPENDIX. Ixiii CREDITOR. By sundrv debtors — Considmxl good £GG,220 12 1 Considered doubtM 2,0G3 5 Considered bad 287 19 1 68,571 11 7 Deduct estimated losses 7,07111 7 61,500 By sundry property — Consisting of shares in ships, consignments outstanding, etc., £29,070 9s. 3(f.— estimated at 26,500 By siirj)his security in hands of creditors — Amount of seciu'ity 27,556 15 5 Less amount of claim 19,320 7 3 8,236 8 2 £96,236 8 2 By liabilities per contra, -which, although forming present claims on the estate, may ultimately be made good in full ,,. £15,000 It was explained that the delay in calling the creditors together had arisen from a desire to complete certain arrangements with parties in Liverpool, to diminish the general liabilities; and that, these having been effected, the total had been rerhiced at least i.'50,000. In the account presented, the assets showed a surplus of i:3,000, after paying 20.v. in the pound, with interest; and this amount, it was stated, might, with management, be realized. If a debt due to the estate in Montreal was paid — the firm not having suspended, but being unable to make remittances through the refusal of local banks to discount — the assets would be considerably increased. With regard to the vessels possessed by Carter and Co., or those they had an interest in, it was stated that several were in the employment of the Government, at advantageous rates of freight. A final settlement of the accounts of the old house of Robert Carter and Co. had not yet been eflected, but it was expected some amount would have to pass to the new firm. In answer to questions, it was mentioned that the business was lucrative, although, under recent manage- ment, it had been too rapidly extended. The conduct of all parties, including the bankers, who were secured for a large overdrawn accou^nt, was stated to have been satisfactory — slight concessions having been necessary to bring affairs within their present compass. The proposal of Carter and Co. to pay 20s. in the pound by instalments, but without security, was then brought forward. It was intimated that an attempt had been made to induce a relative to become responsible to the extent of i£10,000, on the presumption that an amount almost equal would be involved in the liquidation of the old firm, but it had not proved successful. After a short conversation, it was agreed that the estate should be wound up under inspection, with the view of carrying out in the best possible shape the proposal made. Annexed is a foi'mal minute of the proceedings: — " At ii^ meeting of the creditors of Messrs. Carter, and Co., held at the offices of Messrs. Quilter, Ball, and Co., 57, Coleman Street, this I4th day of February, 1855, Mr. Cumming in the chair, Mr. Quilter read a statement of their affairs, and gave explanations respecting the same, from which it appeared that these gentlemen's liabilities amounted to the sum of £:''3,634 11.?. (including liabilities to the amount of £1.5,000, which ought to be paid by other parties), and that their assets amounted to i'9G,236 Hs. 2d.; and he informed the meeting that they considered themselves able to pay all their creditors in full, with interest, if time were granted them, and that they proposed to pay by instalments, in the following manner, viz.: — 3s. id. in one month, 3s'. 4d. in three months, 3s. id. in five months, 3s. id. in seven mouths, 3s. id. in nine mouths, and 3s. id. in twelvemonths, all from the 1st of March. " Resolved unanimously, that the estate be wound up under the inspection of Mr. Pitcairn, for the purpose of carrying out the foregoing proposition," Ixiv APPENDIX. SUSPENSIONS IN 1855. Jan. Messrs. Morctrood and Rogers, London, iron merchants. „ Messrs. Abbott, Nottingbam, and Co., London, shawl trade. „ Messrs. Kesteven Brothers, London, woollen trade. „ Messrs. M. Hetheringtcn and Co., London, American trade. „ Messrs. Aubertin Brothers, London, general merchants. „ Messrs. Krohn and Co., Loudon, general merchants. „ Messrs. Lonergan and Co., London, Spanish and West Indian trade. „ Messrs. Rogers, Lowrey, and Co., London, warehousemen. „ Messrs. Home, Eager, and Co., London, Cape and Australian trade. „ Messrs. Turiff and Sbai-p, Glasgow, iron trade. „ Messrs. Millers aud Thompson, Liverpool, shipowners and brokers. ,, Messrs. Spence and Co., Liverpool, iron trade. „ Messrs. Boyd, Lawson, and Co., Glasgow, iron trade. „ Messrs. Wadsworth and Sheldon, New York, bankers. ,, Mr. Matthew, New Orleans, provision trade. „ Messrs. Brander and M'Kenna, New Orleans, cotton trade. ,, Messrs. Seagrave and Steeve, Providence, merchants. „ Messrs. Belcher Brothers, St. Louis, sugar i-efiuers. „ Mr. W. G. Ray, New York, produce broker. „ Messrs. Foster and Stephenson, New York, produce brokers. „ Messrs. Farwell and Co., Boston, merchants. „ Messrs, Horn and Sergeant, Detroit, bankers. ,, Messrs. Hill and Co., Detroit, bankers. „ Messrs. G. Lorimer, and Co., Detroit, bankers. „ Messrs. Howard, Smith, and Co., Detroit, bankers. ,, Messrs. Capron and Lathrop, Connecticut, bankers. ,, Messrs. Walton, Viuey, and Co., London, Cape and Australian trade. ,, Mr. F. Bell, East Jarrow, Tyne, chemical manufacturer. „ Messrs. Swanwick and Johnson, Manchester, calico printers. ,, Messrs. Kirk and Furniss, Liverpool, general merchants. Feb. Messrs. Keen, Rippon, and Co., London, warehousemen. „ Messrs. Gibson, Ord, and Co., Manchester, commission merchants. ,, Messrs. Page and Bacon, St. Louis, bankers, and general financial agents. „ Messrs. Pickett, M'Murdo, and Co., New Orleans, bankers. „ Messrs. A. J. Wright and Co., New Orleans, produce dealers. ,, Messrs. Sweeny, Green, and Co., New Orleans, cotton factors. „ Messrs. Fellows and Co., New Orleans, dealers in cotton and tobacco. ,, Messrs. G. B. Morcwood and Co., New York, agents. ,, Messrs. Le Mesurier and Co., Quebec, timber merchants. „ Mr. G. T. Braine, London, East India trade. „ Mr. A. Hamilton, New Orleans, iron trade. „ Messrs. Wells, Fargo, and Co., San Francisco, bankers. „ Messrs. Page, Bacon, and Co., San Francisco, bankers. ,, Messrs. Adams and Co., San Francisco, bankers. ,, The Minei's' Exchange Bank, San Francisco, bankers. ,, The Robinson's Savings Bank, San Francisco, bankers. Mar. Messrs. T. R. and W. lirowning and Co., London, timber trade. „ Messrs. Anthony Nicliol and Son, London, general merchants. „ Messrs. Fletcher, Rose, and Co., Birmingham, iron trade. „ Mr. Thomas Spencer, Birmingham, iron trade. „ Mr. Selby, Birmingham, iron trade. „ Messrs. S. 0. Nelson and Co., New Orleans, cotton factors. „ Messrs. Oldlield, Allen, and Co., Huddersfield, woollen manufacturers. May. Messrs. Mellors and Russell, Liverpool, South American trade. „ Messrs. Coutts and Parkinson, Newcastle-upon-Tyne, engineers. „ Messrs. Davies and Co., Birmingham, iron trade. „ Messrs. Toy and Co., Birmingham, iron trade. June. Messrs. Stralian, Paul, and Bates, London, bankers. „ Messrs. J. Hoywood and Co., Nottingham and Derby, iron works. „ Messrs. V/hitehouse and JefFeries, West Bromwich, iron works. ,, Messrs. Hickman and Co., Bilston, iron trade. „ Mr. J. Spencer, Birmingham, iron works. APPENDIX. IXV July. Messrs. Hinde and Co., Birmingham, merchants. ,, Messrs. Latham Brothers, Liverpool, South American trade. „ Messrs. Adarason, Watts, and M'Kechiiie, Melbourne, merchants. Aug. Messrs. J. Walker and Co., Leeds, manufacturers and meixhants. Sept. Messrs. C. J. Mare and Co., Blackwall, shipbuilders. Oct. Messrs. De Lisle, Janvrin, and Co., London, bankers and merchants. „ Messrs. Lewis, Reii5, and Co., London, Spanish and Sicilian trade. Nov. The Toll End Furnaces, Birmingham, iron trade. „ Messrs. E. V. Blythe and Co., Birmingham, nail trade. „ Messrs. Goddard Brothers, BirminghMui, iron trade. Dec. Mr. J. Chatham, Manchester, spinner. „ Messrs. Bond, Gregsoii, and Co., Manchester, spinners and manufacturers. ,, Mr. J. Currie, Glasgow, grain mills. „ The Grocers' Bank, Boston, United States, THE ESTATE OF MESSES. MOEEWOOD AND EOGEKS. The annexed circular was issued by the trustees appointed to wind-up the estate of Messrs. Morewood and Rogers, who suspended on the 3rd of January, 1855, with liabilities for i'180,000. The premises and stock having been sold for cash to new parties, the business is carried on as usual: — " 5, Martin s Lane, Cannon Street, Jan. 27. " Dear Sir, — We beg to inform you, that by virtue of the authority placed in our hands by the creditors of Messrs. Morewood and Rogers, to wind-up, as trustees, the estate of that partnership, we have proceeded in our duty as promptly as the intricate character of their extensive transactions perniitted, and by our directions the lease of Dowgato Dock Wliarf, standing at the annual rent of i'750, has been agreed to be sold for ±'1,000. The entire stock there (entered on their books at about £12,000) has been sold for ±'10,000, net, and the several patents (the principal one having but two years to run) have been sold for the sum of ,£5,000; the whole to highly respectable persons, for cash, to be paid on the 1st proximo; thus both realizing what we considered the full value of those properties, and freeing the estate from the liabilities and expenses of the heavy establishment in Upper Thames Street from that date. " Messrs. Morewood and Rogers some time since entered into an agreement for the purchase of an estate in Glamorganshire for £180,000, and paid a deposit of ^625,000. The ven'T Balaxce-sheet of Khohn Brothers, troji January 1, 1853, TO January 11, 1855. debtor. To creditors unsecured £17,672 14 5 Ditto holding seciu'ity 3,022 7 9 Ditto to be i^aid in fi'dl 85 16 4 Liabdities as ^er co-w/ra 15,286 5 7 Profit 10,454 2 9 Difl'erence in balancing 21 16 8 £76,543 3 6 creditor. By debtors — Good £1,571 14 1 Doubtful 3,505 19 9 Ditto (Krohn and Co., of Melbourne) Property Ditto lield by creditor Bills receiYai3le held by creditors Partners' di-awings^ S.M. Krohn £1,455 11 3 M. A. Krohn 792 3 5 2,247 14 8 Trade charges 4,520 1 3 Interest 1,055 3 Couunission 407 16 4 8,230 12 6 Law costs 97 3 5 Losses 1,782 16 3 Baddebts 514 19 3 2,297 15 6 Deficiency, 1st January, 1853 3,573 9 1 'Lia.hU.iiidB as per contra 15,286 5 7 £5,077 13 10 32,000 4,086 14 7 2,730 It 3,162 15 £76,513 3 6 THE ESTATE OE MESSES. EOGEES, LOAVEEY, HOLYLAND, AND CO. A meeting of tlie creditors of Messrs. Rogers, Lowrcy, Ilolyland, and Co., vvare- liouseinen, who failed on the 18th of January, 1855, was held on the iilst of the same month, Mr. Bcnnoch in the chair, when it was agreed, after lengtliened APPENDIX. Ixvii explanations, to accept a dividend of 15s. in tlie pound, in the following instal- ments: — 5*. at three montlis, 4.y. at five montlis, 3*. at seven months, and 3.«. at nine montlis; a committee of creditors, consisting of the Cliairman, and Mr. D. Kvans, and Mr. Tucker, being appointed to determine the nature of the security for the last payment. The following balance-sheet, prepared by Messrs. Quilter, Ball, and Co., shows tliat the assets of the estate were estimated at nearly 20.v. in tlie pound, and that the losses had been principally incurred through the failure of Messrs. Home, Eagar, and Co., and shipments to Australia: — Statement of Affaies, JAxuAitY 17, 1855. DEBTOR. To sundry creditors — On trade account £86,290 7 5 On cash £35,650 2 1 Deduct estimated value of lease, etc., held by Messrs. Barclay and Co 2,500 33,150 2 1 . £119,4-10 9 6 To simdry creditors — lu respect of salaries and debts under £10 each 6,644 13 2 Less estimated proportion payable in fidl, deducted iJer contra 5,000 . 1,644 13 2 To liabilities on bills receivable — Considered good 67,909 12 4 Doubtful 6,870 1 7 Bad 3,752 2 4 To liabilities on bills receivable — In respect of sales effected to Cape and Australian merchants 20,077 3 2 In respect of goods consigned to Cape and AustraUa 17,720 18 8 . 37,798 1 10 £162,635 6 10 CEEDITOE. By cash and bills on hand £728 4 Sundry debtors — Considered good £29,543 14 4 Considered doubtfid £3,014 7 6 Considered bad 4,373 12 8 Estmiated value 3,000 On sliipment account, considered good 4,115 G 2 By stock— 36,959 6 Consisting of silks, English and foreign ribands, cloths, stuffs, bandannas, shawls, haberdashery, cambrics, muslins, etc., amoimtmg, at cost value, as "per stock- books, to 89,021 6 2 By lease, fixtures, etc. : — Held by Messrs. Bai'clay and Co., deducted percontra 2,500 Bv fuimiture and trade utensUs — 'Estimated value thereof 1,000 £127,708 10 8 Deduct salaries and debts under £10, estimated as payable in fidl 5,000 Carried forward £122,708 10 8 Ixviii APPENDIX. Brought forward £122,708 10 8 By contingent assets — For the ultimate excess of dividend which the estates of both acceptors and di-awers may yield above 20.s'. in the povuid, in respect of the Cape and Austrahan sales, amounting to £20,077 3 2 Ditto, consigmnents, cUtto 17,720 18 8 37,798 1 10 Of which no rehable estimate can be made. £160,506 12 6 Annexed is a formal minute of the resolutions: — " At a meeting of creditors of Messrs. Rogers, Lowrey, Holyland, and Co., of "Watling Street, warehousemen, liolden at the Guildhall Coffee-house, King Street, London, on the 3Ist of January, Mr. Bennoch in the cliair, Mr. Quilter read a state- ment of Messrs. Rogers, Lowrey, Holyland, and Co. 's affairs, gave explanation respect- ing the same, and informed the meeting that Messrs. Rogers and Co. proposed to pay a composition of 15s. in the pound, by instalments of 5«. in the pound at three months, 4s. in the pound at five months, 3s. in the pound at seven months, and 3s. in the pound at nine months, and all from the 15th of February, 1855. Resolved- — That such offer of compromise be accepted, but that Messrs. Rogers and Co. be required to find security for the last instidnient, or a portion thereof, eitlier in shape of a direct guarantee, or by creditors postponing the receipt of dividends until the com- position be paid, or any other description of security, and, in either case, to the satisfaction of Messrs. Francis Bennoch, David Evans, and Henry Tucker, who are hereby appointed a committee for that purpose. Creditors holding security of other parties to accept the composition without discharging such purtit-s, and subject to their assent being obtained when necessary; and creditors holdinif private security on Messrs. Rogers and Co.'s own property not to prejudice such security, and to receive composition on the amount not covered by it. Promissory notes for the composition to be delivered on or before the 15th of February, or within such further time as the committee may, in writing, name, and, on delivery, the creditors to execute a deed of composition and release, to be approved of by Messrs. Reed, Langford, and Marsden, on their behalf ; the expense of such deed, and all other expenses attending the investigation and arrangement of Messrs. Rogers, Lowrey, and Co.'s affairs, to be paid by them. In case the committee should be of opinion that the composition cannot be carried through, the estate to be administered in bankruptcy; and the members of Messrs. Rogers and Co.'s firm are recpiested to sign a declaration of insolvency, and deposit the same with the Chairman, in order that it may be filed, and proceedings for obtaining adjudication in bankruptcy taken by the committee, should they think it desirable." THE ESTATE OE MESSES. A\^ALTOiV, VINEY, AND CO. A meeting of the creditors of Messrs. Walton, Viney, and Co., whose failure in tlie Australian and Cape trade, with liabilities for about £40,000, took place on the 29th of January, 1855, was held on the 19th of February, when, af'tt.'r the considera- tion of a statement presented by Messrs. Quilter, Ball, and Co., it was ngreed tlie estate should be wound-up under inspection. It appeared that the suspension of the firm liad been nece.-sita'cd tlirough the non-remittance of proceeds of consignments by shippers to whom advances had been made. The only partner in this country was Mr. Viney, who introduced £7,100 into the business about twelve months previous. Annexed is the statement presented, showing the debts and liabilities: — Statement of Affaiks, Januaey 29, 1855. DEBTOll. To sundry creditors unsecured , £3,036 8 3 To creditors ])artially secured — Amount of claim £2,602 14 Estunated value of security 1,716 11 7 886 2 5 Can-ied forward £3,922 10 8 APPENDIX. Ixix Brought forward £3,922 10 8 To creditors fully seciu'ed £1,401 5 1 Deducted from advances to shippers, fer contra. To liabilities on acceptances against consign- ments — Considered good 16,583 9 2 Considered doubtful , Less amount estimated to be recoverable from shipments To liabilities on acceptances held by creditors, in excess of balance due- Considered good To liabilities on bills receivable — Considered good Considered doubtful But covered by insurances, 7,247 3,000 8 4 1,606 7 11 6,666 597 8 2 9 8 4,247 8 4 £8,169 19 Bycashinhand £321 4 10 By sundry debtors — ■ Considered good 291 13 7 Considered doubtful £58 7 2 By shares in English, Scottish, and Australian Bank, valued at 210 By advances to shippers on consignments to AustraUa and the Cape £12,089 16 10 Estmiated to produce 6,500 Less creditoi's fully assm'ed, jpei' co)!^r« 1,104 5 1 5,095 14 11 £5,918 13 4 Deduct — Creditors payable in full 129 19 1 By Walton, Bushell, and Co., Cape of Good Hope, balance at their debit £2,867 17 9 By coals at the Cape, estimated at 5,000 £5,788 14 3 7,867 17 9 This asset depends on the state of the Cape firm's affairs. Tlie following statement accounts for the present position of the firm : — DEBTOR. To habilities, as per statement of ailairs £8,169 19 To partners' capital accounts, viz. : — At credit of E. Walton £5,512 10 J. Vinev, Jim 7,106 16 11 S. Bushell 5,512 10 £18,131 16 11 Add amount at credit of S. Bushell's drawing account 1,135 9 7 19,267 6 6 Carried forward £27,437 5 6 IXX APPENDIX. Brought foTO-ard £27,437 5 6 Balance at credit of account ■nitli Constable, Busliell, and Co., Sydney ,. 2,892 18 1 £29,830 3 7 CEEDITOK. By assets, as per statement of affaii's £5,788 14 By Walton, Busliell, and Co., Cape of Good Hope, balance at theii' debit, and estimated value of coals at the Cape 7,8G7 17 9 By partners' drawing accounts — Balance at debit of R. Walton £2,348 4 10 „ „ J. Viney, Jun 480 1 4 2,828 6 2 Losses by bad liabiHties and advances, and difference between estunated value and cost of sundry assets, etc 13,345 £29,830 3 7 THE BANKEUPTCT OF CTJEEIE, DALE, AND CO. The Balance-sheet of William Close Cfreie, teading unbee the Fiem OE CuEEiE, Dale, and Co., as Meechant and Agent, eeom June 1, 1852, TO Febeuaet 3, 1855, the Date of the Adjudication. DEBTOR. To sundi-y creditors £44,361 10 10 To Norman Brothers and Co., Calcutta, for balance owhig to them £11,859 10 10 Deduct — Secm'ed by shipments consigned to them, account sales of which have not yet been rendered — cost £7,662 1 9 4,197 9 1 To C. and J. Norman, London, for balance owing them, and current aecoviut £ 1,991 12 1 Deduct — Remainder of John Mackie and Pala- tme, on joint accoxmt with C. and J. Norman, consigned to Norman Brothers, the proceeds of which will be remitted by them to C. and J. Norman, their correspondents ui London, to protect them for advances made to Currie, Dale, and Co 1,286 3 9 To creditors holding security To creditors on habUities, £18,602 16*. 8c/., of which this sum will be claimed on the estate To llie late firm of Currie and Co To commission account To suspense account ceeditor. Bycashinhand £1,518 13 2 By debts considered good 4,665 13 2 By items in suspense* 27,999 2 8 3,705 8 418 8 3,800 538 14 3,338 18 1,435 1 4 6 7 9 2 £61,795 11 3 Carried forward £31,183 9 • There is gi-eal nncertahity as to the real value of the items appearing as credit in the books of this estate. The result can ria]y be known on the realization, APPENDIX. Ixxi Bi-might forward £31,183 'J Cash in the hands of the Commercial Eank, claimed by theui to be held against bad bUls disco untetl by them ; but their riglit to do so is disputed ' ' 1^ ^"^ 3 By charges incidental to the busmess 7,115 12 By C. W. Currie's drawing out 3,017 12 Bylosscs 12,303 5 By liabilities per contra 3,800 £61,795 11 3 THE ESTATE OF ME. G. T. BRAINE. A meeting of the creditors of Mr. G. T. Braine, whose stoi^page in the East India trade was announced on the 28tli of February, 1855, was held on the 20th of March, at which a statement, prepared by Mr. Coleman, the accountant, was pre- sented, showing debts to the amount of about £306,000, of which £230,000 were to secured, and £76,000 to unsecured creditors. Mr. Braine attended, and it was stated by Mr. Lavie, tlie solicitor, on his behalf, that the assets to meet the open liabilities of £76,000 would scarcely yield 2.s. in the pound; but that Mr. Braine proposed, with assistance, to pay 2s. Qj. at once, and a further sum of 2s. 6d. in twelve months, upon a release being granted him, siach release not to be valid in case of any default in the payment of the second 2$. 6d. Much discussion took place on the way in which the mass of the property had been disposed of, to secure specific claims and to the injury of the general creditors, while it also appeared that the chief losses incurred had been in connection with mining and other speculations. The capital with which Mr. Braine recommenced business, after the crisis of 1847, was stated to have been £53,000. After hearing the respective statements, the meeting adjourned, to consider whether the offered com- position should be accepted, or the estate be carried into the Court of Bankruptcy. It was finally arranged that Mr. Braine should be allowed to carry out, if possible, his proposition. THE ESTATE OF MESSES. T. E. AND W. BEOWNINO AND CO. A meeting of the creditors of Messrs. T. B- Jind W. Browning and Co., engaged in the timber trade, who failed on the 3rd March, 1855, was held on the 6th March, when the following statement was presented, showing the debts and liabilities to be £95,820, and the assets £54,450. The estimated amount of dividend was lis. 4:d. in the pound; but this, it was intimated, miglit be slightly reduced by losses in- curred since the preparation of tlie accounts. Before resolving in what manner the estate should be wound-up, it was agreed to appoint an accountant (Mr. Turquand) to investigate, and also a committee to report, at a future date, on the general posi- tion of the affairs of the house. The absence of capital, and late extensive specula- tions, appear to have created its embarrassments. This report was subsequently presented, and the firm liquidated under inspection. Balanc'e-skeet, Febeitary 13, 1855. DEBTOU. Creditors unsecured £37,061 8 Creditors holding security 53,759 10 9 Liabdities on indorsed bills £49,520 5 4 On wlrich claims may arise to the extent of 5,000 £95,820 18 9 APPENDIX. CEEDITOH. Amount of cash in hand £68 1 3 stock 30,698 2 11 „ loans due 336 10 „ bills not yet due £4,399 8 6 „ bills over-due 987 15 5 book debts 19,587 1 1 £24,974 5 Deduct for loss in collectmg 10 per cent 2,497 8 6 22,476 16 6 Surplus due from Hanbiuy and Co 1,247 4 10 Surplus due from W. H. Surman 252 2 7 £55,694 17 1 Preferential claims for rent stock at docks — London and Liverpool £1,000 Eent at Waterloo Bridge AYharf 245 1,245 £54,449 17 1 Deficiency 41,371 1 8 £95,820 18 9 THE ESTATE OE MESSES. AXTHONY NICHOL AND SOK^. A meetino; of the creditors of Mr. J. L. Nichol, trading under the firm of Anthony Nichol and Son, who failed on the 7th of March, 1855, was held on the 22nd of March, when the following statement was presented by Mr. J. E. Coleman, the accountant : — DEBTOK. To creditors on open accounts £5,045 3 1 To ditto on bills payable £53,577 7 2 Less amount to be retii'ed by the cfrawers 39,411 11 2 To creditors partly secured £21,967 5 3 Less security held 17,54Cr To creditors fully secured — Seciu-ity held £5,150 Toclaitns '. 4,899 2 2 14,165 16 4,427 5 3 Tocontra £250 17 10 To liabihty on bills receivable 28,418 7 1 Of which it is expected claims on the estate amount to . To habiUty on claims upon imfulfiHed contracts By cash By debtors (good) By debtors (doubtful), £347 11*. 7d., estimated at By assets, stock, etc By surplus from security with creditors, as ^Jer contra By fixtures, household furnitiu-e, etc By ycUo w metal at Oporto consigned Deduct snncfries to be paid in full 327 12 1,597 £25,562 16 4 £214 19 11 1,992 12 5 100 1,323 16 11 250 17 10 550 70 £4,502 7 1 559 18 7 £3,942 8 6 APPENDIX. Ixxiii It was explained that, owing to some outstanding liabilities, the amount of which, until certain bills became due, could not be ascertained, Mr. Nichol was not in a position to m.ake a positive oiler to his creditors. He was, however, prepared to realize the estate, and guarantee assets, through the assistance of friends, to the amount of £3,500 ; any surplus to be likewise for the benefit of his creditors. The losses, it appeared, had been principally incurred through transactions in produce; but when Mr. Nichol assumed tlie control of the business, shortly before the decease of his father, there was a deficiency of about i'2,700. After a lengthened discussion, it was agreed to appoint inspectors to wind-up the estate, the creditors being secured the proposed amount for distribution in the earl}' part of July, previously to which the whole of the liabilities would have run out. THE ESTATE OF MESSES. C. J. MAEE AND CO. The suspension of this firm took place early in September, and it was at first presumed that a private ai-rangement would have been effected. An absolute peti- tion in bankruptcy was, however, subsequently opened, and the firm appeared in the London Gazette. A very numerous meeting of the creditors took place on the 27th September, at the Guildhall Coflce-house, Mr. Lee, the official assignee under the bankruptcy, presiding, to concert measures for carrying on the works until further definite proceedings could be adopted. It was intimated that the meeting had been called with the sanction of Mr. Commissioner Holroyd, and that Mr. Alare himself was desirous of using every endeavour to obtain an equitable adjustment for the benefit of all who are interested in his estate. Mr. Lawrance, the solicitor to the petition, explained at length the preliminary steps taken for placing the affairs of Mr. Mare under the operation of the Private Arrangement Act, which, it was at first thought, would have proved available, but difficulties subsequently intervened, and it was found necessary to resort to an absolute bankruptcy. The chief impedi- ment was a creditor for £9,000 or £10,000, who, having placed an execution in the works at Blackwall, refused to withdraw, unless upon immediate payment; and as this creditor was proceeding to sell, through the sheriff, it was considered advisable not to allow a sacrifice of probably £20,000 or i;'30,000 to meet the claim, but to take the course that had been adopted. There was also an extent, at the suit of the Crown, in Mr. Mare's private residence for £3,000, being the amount of a bill for timber from the Royal Forest; but this, under any circumstances, would have to be paid in full, to save the property upon which it was levied, the Crown taking precedence in such cases. The execution upon the works at Blackwall, had it been proceeded with, would not only have sacrificed the proportion of machinery, etc., sold to realize it, but the woi'ks would have been stopped, and the whole of the numerous hands thrown out of employment. Tlie adjudication of bankruptcy, with Mr. Mare's consent, having taken place, the first necessary arrangement was the payment of wages, and this was accomplished through the personal exertions of the official assignee, the directors of the Commercial Bank consenting to supply the requisite funds. The last week's wages having been paid, the question of the continuance of the works under the bankruptcy was submitted to Mr. Com- missioner Holroyd, who, with a mercantile appreciation of the emergency, consented to the attempt being made, on condition that the creditors should mean- wliile be consulted on the question. This result having been arrived at, the directors of the Commeixial Bank consented to place to the credit of the official assignee £10,000, to meet the early expenditure, and to be repaid out of the first assets received. The position of the matter stood thus: — The effect of the adjudication was to displace the execution of the creditor, whose debt, though hona fide, it was contended was not better entitled to a preferential settlement than others, and the works remained uninterrupted. The official assignee possessed sufficient to discharge £5,000 or £6,000 due the next Saturday, and there was enough to liquidate the extent from the Crown, so as to avert the loss from a forced sale of the property in Hyde Park Gardens. Assurances having been given of a stipply of coal, wood, and rope, every prospect existed of assets being received to keep the general esta- blishment in operation; but, if they did not come in, it was thought otlier resources were open for assistance. Under those circumstances, it was proposed to appoint a committee of creditors, to advise with the official assignee, in his endeavours to carry on the woi'ks until the choice of assignees ; thus affording an opportunity for Ixxiv APPENDIX. looking into the nature of the various contracts and expenditures, and ascertaining the actual position of this extensive undertaking. An approximate statement of affairs was then brought forward by Mr. Ball, of the firm of Quilter, Ball, and Co., the accountants ; but it was mentioned that, having been prepared only on a sliort notice, it could not be considered to represent accurately the position of the estate. It showed the liabilities to be £156,400, and the assets £186,000, leaving an estimated surplus of £29,600. Mr. Mare, however, considered his establishment at Blackwall to have been inadequately valued, and he increased the amount by £75,000, making a total surplus of above £100,000. Some discussion ensued with respect to the various items, and one, in connection with an establishment at Newmarket, elicited the reply that it had entirely passed out of Mr. Mare's hands. In referring to a resolution for the appointment of a committee, Mr. Lawrance stated that several instances had occurred in which creditors had been beneficially protected by the works of embarrassed firms being carried on under bankruptcy, and he specially alluded to the parties identified with the manufacture of wire-rope, in which the original patentee, after paying his creditors 20s. in the pound, was enabled advantageously to dispose of his interest. The whole of the explanations were favourably received, and Mr. Lawrance volunteered any further information, either on behalf of the official assignee, or of Mr. Mare, who himself was present. Mr. Murray, with one or two other professional persons, who repre- sented claimants, having concurred in the desirableness of the course proposed, a committee of five creditors was appointed, including Mr. P. Eolt, who, possessing both a family and pecuniary interest, pledged himself to protect the interests of the general creditors. The following are the approximate statement and the resolution comprising the names of the committee : — Appkoxijiate Statement oe the Apfaies, September 20, 1855. DEBTOR. To creditors unsecured £115,000 To creditors partially seciu'ed — amount of claims £179,361 Less estimated value of securities 137,900 41,161 To creditors fully secured— estimated value of securities £115,746 Less amount of claim 103,156 Surplus, taken as an asset, ^er co»/ra £12,590 £156,461 . By stock at BlackwaU £66,000 Less extent 3,000 By Great "Western steam-ship — cost of con- struction £21,500 Value of engines 17,500 Proportion of expenses 3,900 63,000 £12,900 Liens thereon 33,000 By "Westminster Bridge Works — amount ex- pended in plant, wages, and materials £87,000 Less received on account 50,000 9,900 37,000 By Saltash Bridge "Works, sundry debtors, quarterly accounts . . . 5,000 "Works in progress -^estimated amount due 12,000 Surplus securities in hands of creditors, jyer contra 12,590 Estimated profit ) i > be riH-fivcd on the completion of imfinished contracts 46,600 £186,090 APPENDIX. IXXV MKMOBAJfDUM. The liabilities, after deducting assets at certain estimated values, amount to £156,4G1 The assets, according to the statement, which is based npon rough estimates of immediate vahie, amount to £186,090 Mr. Slare considers that the Blackwall property, consisting of the freeholds, leaseholds, fixed machinery, and plant, having cost £225,000 is greatly under-esthnated in the statement, and that a deduction of £50,000 is amjile to cover all possible de- terioration, which enlarged estimate would elTcct an increase in theassetsof 75,000 £261,090 " Resolved — That a committee of five creditors be appointed, to confer and advise with the official assignee, on the affairs of this estate, during the interval before the choice of assignees, under the adjudication of bankruptcy, appointed to take place on the 12th of October. That the following gentlemen be appointed to act as the foregoing committee : — Mr. Peter Eolt, Mr. Jones, Mr. Cory, Mr. Marshall, and Mr. Hunter. ' THE ESTATE OE JklESSES. DE LISLE, JANTRIN, AND DE LISLE. The suspension of this old-established firm was made public on the 3rd of October, and it excited very general regret. Occupying a high position as bankers and merchants, the event was little anticipated, but there was reason to believe that the interest of the creditors would be protected. Imprudent advances to a bouse in Quebec, whose affairs had become involved, necessitated this step, altliough the assets at the command of Messrs. De Lisle and Co. would, had they been so disposed, have enabled them to continue business without immediately sacrificing their credit. The house was amongst the oldest and most respectable in London, and the circum- stances under which the stoppage was resolved upon appear to harmonize with the reputation for honour the firm have uniformly enjoyed. It appeared that they had a large balance at their banker's, as well as money at call in the bands of discount brokers, and in other available quarters, to the extent of about £100,000 ; but that, being involved in largeadvances inCanada,wliich assumed amore serious complexion on the arrival of the American mail, they determined at once to suspend, instead of risking the property of their creditors by any uncertain attempt to sustain them- selves. The amount in question would, therefore, be almost immediately available for a dividend, while, with regard to the general assets, the statement was that, with the exception of the securities from Canada, they were of a favourable descrip- tion, and would admit of a further considerable sum being realized during the present year. Many years back the firm were largely engaged in trade with Buenos Ayres, but their business was of a general description, and latterly they had become cannected with an extensive firm at Quebec, who were involved in the American panic of 1837, and who again found themselves in difficulties at the commencement of the pressure in Xew York and Canada, about two years ago. On that occasion, their debt to De Lisle and Co. was enormously heavy, and wms compromised upon conditions which have not been fulfilled. The amount remaining due under the com- promise, coupled with fresh advances which De Lisle and Co. were induced to make by delusive representations, was understood to be equal to £200,000. The pros- pects from this source are most likely very doubtful, and it is upon the other assets only that reliance must be placed. Of Messrs. De Lisle's liabilities of £400,000, a portion was said to consist of acceptances for account of parties ultimately respon- sible, and who would meet them at maturity. In this way it was expected tlie total will be considerably reduced, and the prospects of the direct creditors proportiouably improved. Messrs. De Lisle and Co. were also connected with the trade of Guernscv and IxXVi APPENDIX. Jersey, and were the correspondents of some of the principal banks in those islands, namely, the Gnernsey Banking Company, the Guernsey Commercial Banking Com- pany, the Jersey Commercial Bank (Janvrin nnd Co.), and the Jersey Old Bank (Go'dfray, Sons, and Co.) Messrs. Hankey and Co., tlie London bankers, interfered for all these institutions, and honoured the draughts drawn by them on Messrs. De Lisle and Co. Annexed is the circular intimating the suspension : — " 16, Devonshire Square, October 3. " It is with feelings of deep regret that we have deemed it necessary tliis day to suspend our payments. ^Large advances in Canada, and disappointment in receiving remittances, have led to this painful determination, and we feel convinced that by taking this course we shall best protect the interest of our creditors. " We beg to assure those friends who liave placed securities in our hands that they all remain intact, and are held at the disposal of the parties interested. " We shall request a meeting of our creditors in a few days, of which you will be duly informed ; and, relying upon your sympathy and forbearance under these painful circumstances, "We are, respectfully, your obedient, humble servants, "De Lisle, Janvrin, and De Lisle." FIKST MEETIKG OF CREDITORS. A meeting of the creditors was held on the 8th of October, Mr. B. Dobree pre- siding. It was intimated that the proceedings were of a preliminary character, with the view of obtaining temporary forbearance on tlie part of the creditors, until some suggestions made by the friends of the house could be presented in a definite shape. Two proposals were thought of, and the course ultimately to be followed was left to the decision of the creditors. The first was the introduction of capital, if possible, through the assistance of friends, the payment of 20*. in the pound, and the imme- diate resumption of business. In the event of this plan failing, the next was a liquidation of the estate under inspection, and the distribution of the assets as they might be received. If the process of inspection be carried out, a new firm would then be formed to take up the connection, which is valuable, and could, without difilculty, be kept together. In this state of affairs an adjournment was moved until the following Saturday, when it was expected a final ai'rangement might be come to. Meanwhile the funds of the house were stated to be in perfect safety. There were no figures in relation to its liabilities or assets presented on this occasion, but it was mentioned that they were in an advanced state, and would be brought forward at the earliest moment. The proposal for an adjournment having met the unani- mous appiroval of the creditors, a substantive motion to tliat effect was passed. On behalf of the Bank of British North America (represented by Mr. Gillespie and Mr. Brooking), it was announced that the directors had communicated with the agents in London of the Montreal and other banks connected with the dependencies of the Canadian firm in which Messrs. De Lisle were interested, and that instructions have been despatched abroad to ascertain that the securities were in order, and that the rights of all parties were properly preserved. THE ADJOURNED MEETING. The adjourned meeting of the creditors was held on the 13th of October, Mr. B. Dobree presiding, when the following statement was submitted by Mr. Coleman, the accountant : — " LIABILITIES. To creditors on open accounts £198,500 To creditors on account, after giving them credit for our acceptances, which they will retire 65,600 The amount of drafts upon us at the date of suspension . . . £302,000 Of which there were for account of otlier parties who will retire same, or for wliich credit has been given in the preceding item 182,000 Amount expected to rank on our estate 120,000 £384,100 Salaries, rent- charges, and sundiy small accounts, to be paid iu full ... £1,800 APPENDIX. Ixxvii " Beyond this, Mr. W. F. De Lisle, aeting as our attorney in Canada, has guaranteed eargo bills, but wJiiuli bills, we expect, will bedixly met by theacceptora for whom sueli eargoes were shipped. " He has also guaranteed the payment of local liabilities in Canada, for account of Messrs. Le Mesurier, Tilstone, and Co., and John Egan and Co., the exact particidars and amounts of which we are unable to state, but against which we were informed that there was a larger value in tunber to cover the amount of such guarantees. " ASSETS. By cash balances at the banter's £14,500 By cash at call 57,300 £71,800 By bills receivable 79,700 By bonds, stock and shares, estimated to produce 12,500 By sundi-y debtoi's, estimated to produce 51,000 £215,000 Amount of cash debt due fi-om Le Mesurier, Tilstone, and Co £308,480 Amount of acceptances included in om' liabihties, as per contra 111,650 £120,130 " Against tlie above, we bold the assignment of a debt due from John Egan and Co. to Le Mesurier, Tilstone, and Co., of £109, (50, secured in part by a charge on large plots of land, mills, and timber, at Alymer, in Lower Canada ; also a charge upon all the lands and properties of Messrs. Le Mesurier, Tilstone, and Co., in Lower Canada." It was explained by the Chairman that, since the last meeting, the friends of the firm had taken into consideration tlieir position, and that, upon mature reflection, looking at the extent of the Canadian dependencies, it was deemed advisable to recommend a liquidation under inspection. While it was proposed to distribute tlie assets with all possible expedition, it was felt that the partners should be allowed to carry on business, their character and credit remaining unimpeached. A divi- dend of 5s. in the pound was immediately declared; a further distribution was anticipated about January, and the whole of the £215,000 assets might, it was thought, be realized within six to eight months of tliat period. With rejard to the large claim upon Messrs. Le Mesurier, Tilstone, and Co., it was stated that every endeavoiir would be made to place it in process of conversion, but that it was im- possible, in the existing position of affairs, to estimate the probable return. An attempt was made by Mr. H. Godfray, of Jersey, to obtain a further adjournment, with the view of affording the creditors an opportunity for investigating the actual condition of the accounts; but representations from Mr. Hankey, Mr. Lavie, and others, respecting the impolicy of this course, induced the withdrawal of an amend- ment, and the annexed resolutions were unanimously agreed to. Mr. Brookijg, as representing the Bank of British North America, intimated that every care would be taken to protect the interest of the estate in connection with the Canadian dependencies. In the course of the proceedings, sympathy was expressed for the position of the partners, whose future career, it is hoped, will be successful. " At a meeting of the creditors of Messrs. De Lisle, Janvrin, and De Lisle, at their counting-house, Devonshire Square, on Saturday, the 13th of October, 1855, Mr. B. Dobree in the chair, a statement of the liabilities and assets was read. It was proposed and seconded, and resolved — "First, that it is the opinion of the meeting that the affairs of the house should be liquidated under inspectorship, and that the following gentlemen be the inspectors : — Mr. T. H. Brooking, Mr. Bonamy Dobree, Mr. D. Meinhertzhagen, and Mr. J. Whateley. "Secondly, that a dividend of 5?. in the pound be at once declared, and be payable on and after Saturday, the 27th of October. " Thirdly, that a proper deed of inspectorship be prepared under the approval of the inspectors, and be executed by and on behalf of each creditor, on or before payment of the dividend. IxSViii APPENDIX. " Fourthly, that such deeds shall contain covenants by the partners to liquidate the affairs of the house, according to the rules of administration adopted in bank- ruptcy, aud covenants by the creditors not to sue, which shall operate as a release, upon the inspectors certifying that the liquidation Las proceeded sufficiently, and upon tlie partners executing an assignment of any remaining assets to trustees for distribution among the creditors. " Fifthly, that such deed shall be a deed of arrangement -within the meaning of the 224th section of the Bankrupt Law Consolidation Act, and the 228th section shall be applicable thei-eto. "Sixthly, that the inspectors shall have power to make the partners such allow- ances as they may think fit for their services. "Seventhly, that the partners be at liberty to transact business on their own account on their covenanting, in the inspectorship-deed, not to use, either directly or indirectly, any of the existing assets of the firm, and to incur no new engage- ments which could, by any possibility, be thrown on the existing assets." THE ESTATE OF MESSES. STEAHAN, PAUL, AND BATES. The following is the report prepared by Mr. Turquand, the accountant, of Old Jewry Chambers, on the affairs of this estate, together with a copy of the joint balance-sheet : — "13, Old Jewry Chambers, Dec. 10. " To THE Assignees of the Estate of Messbs. Stbahan, Paul, and Bates. " Gentlemen,— I beg to make the following report of my investigation of the books and accounts of Messrs. Strahan, Paul, and Bates : — " Eepokt. " The bank of Messrs. Strahan and Co. was one of the oldest on record, dating its origin from the early part of the reign of Cliarles II. At the time of the bank- ruptcy, the firm consisted of William Strahan, Sir John Dean Paul, and Robert Makin Bates. Sir John Dean Paul (then Mr. Paul) became a nominal partner in 1823, taking no share of the profits until the death of his father, the late Sir John Dean Paul, in January, 1852. The firm was composed of Robert Snow, Sir J. D. Paul, and J. D. Paul. "William Strahan (who had changed his name from Snow on inheriting a very considerable property from an uncle in 1831) joined the above firm with his brother, Robert Snow, in 1832. Robert Snow, sen., died in 1835. Robert Sni:w, the younger, retired from the bank in 1841, and in January, 1842, Robert Makin Bates, who had for many years been a confidential clerk in the bank, became a nominal partner at a salary of £800 per annum, subsequently raised to £1,000 per annum, without any share in the profits. It is not necessary, for the purpose of elucidating the present position of the bank, to go further back than the partnership of Robert Snow, William Sandb}', and John Dean Paul, formed in 1813. On the death of Mr. Sandby, in 1816, the partners were indebted to the bank in a sum of £29,000, which was apportioned in tlie following manner : — Robert Snow, £16,681 2y. O'J.; Wm. Sandby, £8,989 2s. 6ci.; John Dean Paul, £3,329 14s. 9d. Total. £29,000. " The debt of William Sandby was paid off by his executors by the end of the year 1826. At that period the debt due by the remaining partners had increased to £53,600, which was apportioned in the fol'owing manner: — Robert Snow, £36,319 106-. M. ; the late Sir J. D. Paul, £17,280 9*. 3d. Total, £53,600. This debt was represented by a joint note of the two. By an arrangement between themselves, and acquiesced in by succeeding partners, the amount was to be con- sidered as a debt due to the bank, to be gradually liquidated by a certain portion being carried every year to profit aud loss. By this means, at the death of the late Sir .J. D. Paul, the amount had been reduced to £28,500, and at the date of the bankruptcy had been further reduced to the sum of £23,500. "The balance-sheet now filed commenced on the 31st of December, 1851, show- ing a deficiency of £71,990 7s. 2cL " Deducting the amount then standing to the credit of William Strahan's capital account, £10,330 6s. Id., less the amounts to the debit of the present Sir J. D. Paul, APPENDIX. Ixxix £213 13.S-. Sd., and R. M. Bates (loan) £3,669 4s. 4,i. (£3,882 18s.), £6,447 8s. Id., left an actual deficiency between assets and liabilities of £65,542 IDs. Id. " This deficiency appears to have been composed of the Ibllowinpj items, viz.: — Balance due on joint note, £28,500; debt due by the late Sir J. D. Paul, £35,477 12a-. Irf., less balance of subsequent receipts and payments to the credit of his account, £10,084 15«. Bd. ; total, £25,392 16,*. M. ; bad and doubtful debts not written oft', £2,446 ; bad and doubtful debts, Halford and Co., £15,705 12.s. 8d. ; estimated loss on valuation of bank assets, £4,369 1*. Gd. ; total, £76,413 10s. 10(/. "Deduct — Amount standing to credit of balances written off as unclaimed, £4,073 4y. \d. ; llalford and Co., alleged surplus, as shown by books, £349 19s. Id. ; balance to credit of partners' accounts, £6,447 8s. 1(^. (£10,870 lis. Qd.) Total, £65,542 19s. Id. " It should be remarked that there is one item included in the assets at its full amount, the actual value of which would materially affect the above position, and that is a sum appearing to the debit of Lord Mostyn, of i92,001 16s. \Qd, Between the yeai's 1848 and 1850, large advances had been made, and in January, 1850, a lease of the property known as the Mostyn Colliery was granted by Lord Mostyn to the bank, to secure a sum of i;67,541 14s. 8(^. then due by him. " The colliery required very considerable outlay to bring it into a productive condition, and upwards of i'45,000 was so expended by the bank; with this expen- diture, and arrears of interest, the amount to the debit of the account at the time of bankruptcy was £134,940 17s. 1^. The colliery had thus been brought into a pro- ductive state, yielding, however, only sufficient to cover expenses, and to pay interest on a sum of ±'45,000, which had been borrowed by the bank on the security of the lease, to meet the necessary outlay. Taking the amount thus borrowed as an indication of the value of the asset, the deficiency of the bank would be increased to about £110,000. At this date, however, William Strahan was possessed of unen- cumbered private property to the extent of upwards of £100,000, iSir J. D. Paul about £30,000, and E. M. Bates about sufficient to cover his debt to the bank — say, £30U0. Taking into consideration the security thus afforded to customers by the value of the private property, it might be inferred the bank would, with care and prudence, have recovered its position. The unfortunate connection, however, with Messrs. J. 11. and E. F. Gandell, commencing in 1852, and resulting at the date of the bankruptcy in a debt to the hank of £269,382 3s. 5J., with liabilities in addi- tion on their account to the extent of £103,870, coupled with the already heavy withdrawal of capital in respect of Lord Mostyn's debt and the Mostyn Colliery, may be fairly looked upon as the causes which brought about the disastrous failure of the bank. "Messrs. Strahan and Co. were induced, by the representations made to them by Messrs. Gandell, to advance from time to time large sums of money for the purpose of enabling them to carry out certain contracts for the construction of railways in France and Italy, and for the drainage of the Lake Capestang, situated in the south of France. The profit to be derived by Messrs. Strahan in the transactions was five per cent, interest on money advanced, \ per cent, commission on all pay- ments made by them, and the payment of a debt of £1800, considered bad, due by J. H. Gandell to the bank in 1850. " The debt to the bank (for which no tangible security was held) soon assumed such gigantic dimensions, and Messrs. Gandell's affairs were found to be in that condi- tion, that Messrs. Strahan imagined they had no alternative left but to continue their advances for the purpose of maintaining Messrs. Gandell in a position to carry on the various contracts, the completion of which was looked to as the source whence the vast sums advanced were to be recovered. " The time arrived when the resources of the bank were no longer able to meet this constant drain upon it. Acceptances were then given, and other heavy jicrio- dical liabilities incurred for the purpose of providing the required funds. These last acts appear to have led to the most distressing feature of this case; almost the whole property of the bank had been pledged, and Mr. Strahan's private estate was resorted to for the same purpose; the large sums so raised had disappeared, and there was no alternative but tho payment of the acceptances and other liabilities as they fell due, or bankruptcy. In tlie vain hope that the anticipated funds would yet be forth- coming in time to avert the impending rum, recourse was had to those means of raising funds, the consequences of whicli are now being visited on the bankrupts. The nature and extent of the securities held by the assignees in respect of the debt due by Messrs. Gandell are detailed iu the balance-sheet. IXXX APPENDIX. " The present deficiency of the bank is as follo-ws : — Liabihties £652,593 15 Estimated assets 127,670 16 7 Deficiency £524,922 18 5 "It win be seen, by referring to the items composing this deficiency, as set forth in the balance-sheet, that the sums involved in the transactions with Messrs. Gaudell and Co. and Lord Mostyn amount to upwards of £483,000 of the whole amount. Time has not permitted tlie completion of the balance-sheets of the separate estates, but they will be filed as expeditiuusly as possible. The position of the bankrupts' personal accounts with the bank at the lime of its failure is, however, shown on the face of the joint balance-sheet now filed. "I have the honour to be, gentlemen, your obedient servant, " w. tuequand." Baiance-sheet of Messes. Stbahan, Pat:!/, and Bates. BEBTOE. To creditors imsecured £411,210 15 4 To creditors of Halford and Co 26,800 16 4 Creditors for securities sold £15,964 6 Ditto pledged 94,911 7 8 Ditto belonging to customers of Halford and Co. 12,802 17 123,678 10 8 Deduct amounts for wliich cei-tam of the above parties are debtors, or hold secm'ity 13,221 12 4 110,456 18 4 Creditors holding secm-ity fully covered, per contra 184,889 12 11 Ditto partly covered 12,935 5 Deduct estimated value of securities held 12,680 255 5 CrecMtors for advances on pledged securities per contra 100,109 17 4 Creditors who issued extents, and were paid in fuU, deducted from assets, jper cowira 3,599 2 1 Liabihties on account of Messrs. Gandell 103,870 Profitnet 31,304 1 6 To W. Strahan — Balance to his credit after deductmg amount di-awii out by him for private expenditure 17,101 14 3 Sir J. D. Paul, ditto 772 12 3 W. Strahan — For separate property held Ijy creditors of bank 70,457 Amomit requu-ed to cover then- clauns 32,673 4 £734,745 7 3 CEEDITOE. By debtors — Strahan and Co., considered good £76,536 14 1 Ualford and Co., ditto 22,484 2 8 Doubtful and bad £28,298 13 3 Ditto, Gandell and Co £289,382 3 5 Less purchase money of Capestang Lake 20,000 269,382 3 5 Carried forward £99,020 16 9 APPENDIX. Jxxxi Brought forward £99,020 10 4 Ditto, Lord Mostjn £134,9 10 17 1 Deduct proportion of debt mortgaged 44,967 3 4 89,973 13 9 Property unencumbered, viz. :— Shares £1,333 15 Lifepolicies 12,315 13 Freehold and leasehold 2,500 Exchequer bills 300 Capestang Lake, not carried out — the expendi- ture required to complete the drainage and other incidental circumstances rendermg the value of this property imcertain £20,000 By cash in hand, 11th of June By bills receivable By cash at the Bank of England 19,419 8 Deduct creditors paid in full ;^er contra . 1,767 2 9,949 3 83 8 5 6 11,799 13 3,599 11 11 8 By debtors, the securities representing which are held by creditors £69,343 13 10 By property of bank held by creditors 96,996 16 Ditto of Wilham Strahan, held by joint creditors £70,457 Amount required to cover their claims 32,673 4 8,200 12 3 £199,013 13 10 Deduct amount held by creditors, partly covered 12,680 Leaving do. held by do. fully do £186,333 13 10 Deduct amount of claims of creditors fuUy covered 184,889 12 11 Balance available for estate £1,444 11 Considered as a good asset in respect of one security to the extent of 1,000 The residue is not earned out, being subject to deduction for interest accruing due on creditors' claims. Total amount of assets considered good 127,670 16 7 By securities pledged, belonging to customers of the bank £94,911 7 8 Ditto, Halford and Co 12,802 17 107,714 4 8 Deduct amoimt so bon'o wed, £100,109 17 4 Less value of Exchequer- bills belonging to bank included 2,819 12 97,290 5 4 £10,423 19 4 This balance is not carried out as an asset, being subject to the question as to the right of the assignees and of the parties to whom the securities belonged. By deficiency, December 31, 1851 71,991 7 2 By amounts not carried out above, viz. : — 'Doubtful and bad debts 28,298 18 3 Carried forward £227,961 2 V Ixxxii APPENDIX. Brought foi-ward £227,961 2 Gandell and Co.'s debts 269,382 3 5 Lord Most vn's balance 89,973 13 9 Capestang Lake 20,000 Surplus value of property held by creditors as security ' £1,444 Oil Considered a good asset only for 1,000 444 11 Surplus value of customers' securities pledged 10,422 19 4 By K. M. Bates's salary 5,750 Balance to his debit" 4,381 7 10 Sh" J. D. Paul (deceased), proportion of profit credited hiin in 1852, written back 4,560 JjiahUitiea per contra 103,870 £734,745 7 3 SEPARATE ESTATES OF MESSES. STRAHAN, PAUL, A:N'D BATES. [I?HE Separate Estate of William Steaha>-, from January 1, 1852, TO June 11, 1855. DEBTOR. To creditors unsecured £659 3 10 To creditors holding security 2,760 To liabilities on account of bank 134,008 11 8 To habihties as co-trustee with Sir J. D. Paid 17,231 10 7 To income 15,458 13 4 To share of profits of bank passed to my credit in 1852 £5,700 To ditto in 1853 7,700 To ditto in 1854 7,0C0 20,400 Surplus assets on the 1st of January, 1852 128,048 2 £318,566 1 5 CREDITOR. By debtors (good) £1,471 6 By ditto (doubtfid) 774 16 10 By property unenciunbered : — Sundi-ies 12,059 16 7 Shares 4,376 10 Reversionary interest 400 By property held as security by private creditors 2,760 By property, seciu-ity to creditors of bank 70,457 By expenses, including improvements at Ashm-st, and expendi- diture on faniis : — Expenditure £14,956 8 9 Improvements, etc 8,551 11 7 23,508 4 By annuity paid R. Snow 1,753 17 1 By losses." 11,962 18 1 By Strahan and Co. : — As per joint balance-sheet £17,401 14 3 Add share of profits 20,400 • 37,801 14 3 By liabilities ^er coK/ra 151,240 2 3 £318,566 1 5 APPENDIX. IxXXiii Separate Estate Balance-sheet of Sir Joay Dean Pai^l, Bakt. DEBTOR. To creditors unseciu-ed £23,402 11 6 To creditors holding security fidly covered £14,500 To creditors holding security partly covered .. . 15,000 Less value of security 1,188 9 ■ 13,811 11 To habilities on account of bank 134,008 11 8 To habihties as ti-ustee, etc 20,880 1 3 To income 3,546 9 2 To share of profits of bank passed to my credit in 1853 £3,300 To ditto in 1854 3,000 6,300 To surplus of assets on tlic 1st of January, 1852 14,757 11 £216,706 18 7 CREDITOR. Bv debtors (good) £2,241 4 By ditto (doubtful) 10 By property 9,306 19 By property held as security by creditors fully covered £20,400 Deduct amomit of their claims 1 1, 500 5,900 By expenses 17,175 11 9 By allowance to my son and other members of my family, etc 11,726 2 9 By losses 8,395 16 1 By Strahan and Co., as per joint balance-sheet £772 12 3 'For share of profit 6,300 7,072 12 3 By habilities jw co»//-« 154,888 12 9 £216,706 18 7 The Separ-Vte Estate of Kobert Makin Bates. DEBTOR. To creditors £85 3 7 To Strahan and Co 4,381 7 10 To income 4,405 2 10 To surplus of assets over Habilities, January 1, 1852 729 10 8 To liabihties on account of bank 134,008 11 8 To ditto, as co-trustee with Sir J. D. Paul 4,336 12 1 £147,946 8 8 creditor. Byproperty £1,903 3 7 By expenses 4,156 11 6 Bylosses 2,793 3 2 By interest to Strahan and Co 448 6 8 By liabihties ^pr cowi^ra 138,345 3 9 £147,946 8 8 Eepokt on Separate BALAKCE-snEETS. " The separate balance-sheets commence on the 1st of January, 1852. In the report made on the 11th of December last, upon the joint balance- sheet, the surplus Ixxxiv APPENDIX. private property of the partners was estimated to have teen as follows, on the 1st of January, 1852, viz. : — W. Strahan £100,000 SirJ. D.Paul 30,000 E. M. Bates Nil. " On making up tlie balauco-shects, the ascertained amounts are as follows : — W. Strahan £128,048 2 Sh-J.D.Patil 14,757 14 2 E.M.Bates 72 1 8 At tlie date of the bankraptey, the creditors of W. Strahan amoimtedto .' 3,419 3 10 The assets amoimted to 92,299 9 5 Of which £70,457 are held as security by bank creditors. The creditors of Sir J. D. Paul, seciu'cd as well as imseciu'ed, amountedto 52,902 11 6 The assets, including property held as secui'ity, to 31,958 3 The creditors of E. M. Bates, including debt due to the bank, amounted to 4,466 5 The assets amoimted to 1,903 3 7 " It will be seen, on reference to the balance-slieets, tliat liabilities arising out of bank transactions, to the amount of upwards of £164,000, have ranked against the assets of the separate estates, independently of sundry liabilities in respect of trust funds. " During the period embraced by the balance-sheets, the amounts paid into the bank by William Strahan and SirJ. D. Paul exceed the sums drawn out by them. In the case of William Strahan, such amount was supplied from his private estate ; in the case of Sir John D. Paul, partly from the sale of his private property, and partly from moneys in respect of which parties are now creditors on his sep.'Tate estate. " Wii. Tokquand." SUSPENSIONS IN 1856. Jan. Messrs. Palmer and Greene, Lichfield, bankers. „ Messrs. G. Greig and Co., London, the Cape trade. ], Mr. W. Schenck, London, Dutch and Newfoundland trade. ,, Messrs. IlifTe and Co., Birmingham, button manufacturers. J, Messrs. Bruce and Kerr, Leith, corn factors. „ Messrs. R. Clarke and Sons, Manchester, manufacturers. Feb. Messrs. J. Scott Eussell and Co., London, marine engineers. „ Tippurary Joint-Stock Bank, Ireland, bankers. „ Messrs. Cliambers and EUwood, London, wine trade. „ Messrs. Cuylitz, Simond, and Co., London, general merchants. „ Messrs. C. Leno and Co., London, corn trade. „ Messrs. Schafer and Brown, London, general merchants. „ Messrs. A. Jackson and Son, Glasgow, corn trade. „ Messrs. E. Clarke and Sons, Manchester, manufactiirers. „ Messrs. Bacon, Price, and Co., Philadelphia, coal trade. „ Messrs. Rockwood and Co., Springfield, dry goods trade. „ Mr. H. W. Bigelow, Cliicago, dry goods trade. „ Messrs. Aspinall, Mackenzie, and Co., Shanghae, tea trade. Mar. Messrs. Bohtlingk and Co., Liverpool, tallow trade. „ Messrs. W. and S. Richardson, New York, hemp dealers, etc. „ Messrs. II. M. Marlcy and Co., L-indon, silk brokers. April. Messrs. Syers, Walker, and Co., London, East India trade. „ Me."srs. W. 0. Young and Co., London, ship owners and merchants. APPKNDIX. IXXXV April. Messrs. Saiimlers and Harrison, London, seed crushers nnd oil refiners. „ Mr. Thomas Harrison, London, ship owner. „ Messrs. WooIIett and Nephew, London, sliip brokers. June. Messrs. Edward 15ilton and Co., Newcastle, merchants. „ Messrs. Louis and Mier, IMrmingham, American trade. July. Messrs. Alie, Grand, and Co., Paris, bankers. „ Mr. J. Niinns, Liverpool, cotton broker. ,, Messrs. Marzetti and Sons, London, merchants. „ Messrs. Wright and Co., Stockport, manufacturers. ,, Messrs. Lowe and Lawes, Manchester, manufacturers. „ Messrs. Baxter and Co., Manchester, manufacturers. „ Messrs. Reed and Sadler, Bristol, spirit mercharts. „ Mi'ssrs. S. Adams and Co., Hertford, bankers. Aug. Messrs. Pickford and Keene, London, American merchants. ,, Messrs. Courtenay, Kingsford, and Co , London, American merchants. „ Messrs. Smith aiui Whittiiigstiill, Hemel-Hempstead and Watford, bankers. „ The Newcastle-on-Tyne Commercial Bank. Sept. Messrs. MLarty and Lamont, Liverpool, Australian trade. „ The Royal British Bank, London. „ Mr. G. P. Simcox, Kidderminster, weaver. ,, Mr. J. Shawcross, Manchester, yarn agent. Oct. Messrs. T. and H. G. Gray and Co., London, colonial brokers. „ Messrs. Mason, Collins, and Co., New York, grain trade. „ Messrs. Ward, Badcock, and Riggs, New York, importers ot' dry goods. ,, Messrs. Fox, Henderson, and Co., London and Birmingham, contractors. Nov. Mes=rs. John Dick and Co., Glasgow, thread spinners. „ Mr. Jobson, Birmingham, iron founder. „ Mr. Dwight, jun., Boston (U. S.), cutton merchant. „ Messrs. Suydam, Reed, and Co., New York, flour trade. „ Mr. T. Parry, New York, flour trade. „ Messrs. Freemau and Bright, New York, dry goods importers. „ Messrs. Watson, Carter, and Co., New York, dry goods importers. „ Messrs. Bateman and Ruderrow, New York, turpentine trade. Dec. Messrs. Kidd and Co.. Hull, seed trade. „ Kidderminster Bank (Messrs. Gotcli and Co.), Kidderminster, bankers. ,, Mr. R. Johnson, London, warehouseman. „ Messrs. G. Ashworth and Co., Manchester, manufacturers. ,, Mr. J. Little, New York, banker and stock operator. „ Messrs. Henslow and Sons, Boston, bankers and stock operators. „ Mr. — Dugard, Birmingham, carriage lamp manufacturer. „ Mr. T. A. Pervanoglu, London, Greek trade. THE ESTATE OE MESSES. J. SCOTT EUSSELL AND CO. The suspension of Mes-^^rs. John Scott Russell and Co., the firm at whose works at Millwall the great ship for the Eastern Steam Navigation Company was con- structed, was announced on the 4th of February, 1856. Their liabilities were stated to amount to £130,000, and the value of their assets depended much upon the success of arrangements in progress to prevent the abandonment of some of their principal contracts. The following circular was issued by the Louse, calling a meeting of their creditors, for the 15th of February : — "Millwall Works, Feb. 4. - OS 3 d o 1 rH l^ -1 o l-^ X T.1-? in o ^ ""* o - 00 >-'5 2 P. co" CO x^ oco Is o CO x_ o CO 3 2 o o>a» SPSS oco CO o CO o CO o O (m' - X X ■o CO l.O : - X X lO lO P4 t3 00 (M »0 CO coco CO CO s 00 a os" lb 00 CO lO 1 ' i in" i-i o cs CO X o> OS os" a o «>N OS OS OS X o CD g 2 o o i CO o S Hi ■a =4 « X cc lo'ad' (MrH lO rH X J> oB S l-H X o o 13 OX CO coco -^ g 2 CO coo o o X N X CO CO -^ CO o OS CO 1 o O w ^uscoiaco o o o o o lo ^lOCO'fOS OrHOOOOO M -^ lo ■'fi o o: f-t t- 1^ t-( o c rH i-t "*■ "^ t> o" O CO "oc c i i o lO CO lO 1 z c c- J 1 i "c S c: c. cs al 111 -5-= ' .§§ = ode i o a o O c Ox d'i ft c c p c ■s _c c c c c _£ c c E c e c c ■- t, © m ^ °-^ s o S s"^ -^ ^ a S -5 ■n" ? .2 a S u t. c o o o_0 -5c„ trgc a 0-T313 P < C &■ llllillla ess &? gs §1 ^^i6 ■"'O _,ira oe E Jtr, ^-S.St? ^Si 1 i3 XCVlll APPENDIX. f^ CO CO CO H M « PQ O ^ ^ ^ ^ OQ "«■ eo ^ u-^O 1.0 •<(l C5 O CI © rH cocot*'"? o o rH X © q ^ s . ^_^ o cc -f on 1-H iH O t^ O lO lO r-H C^ t* O O ©o •? 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Jf a liis on accounts, on which h limits were allowed ... do., doubtful, estimated nces on convertible se- ■itips __ 13 C9 ■« In^ i-a isT-g r3 :-S :S : a 1 o o o M •3 = ings and furnitur d offices and branch OTS on drawing accoi doubtful, estimate "J ■a" „ a Is a > t: doubtful, estimate on bills, discounted do., doubtful, estinii try bUls, discounted continued with colla urity, estimated at do., on account of Xe, £22,510 3«. esthn 13 o g> o *=§ It SI L( s " O > 3 0«d'r)u6aoS6o6o3«0&^« 11 t^ pq fiPfi q0 030pHOCCCX U5 C O eq c ^ • rt--( r-< rt .-1 i-i -1 (M^Ci-fOOJWt^-fir-l CO CO S5 00 c H OS l^ X CO O GO CD CC 1ft C<1 J. t^ O CO X 5 lO rH X t^ -* -? 3 O x^ c H lo" oT ^ c c o f-( coco •^ CO c .^ c: t> CI ^ l^ c a ^ .tHU5 •* _ to r^ ; 5 ■ ^ : t^ "^ : : : : : CI : : »^ ,_, i . X OS : : : : : : : cc • 3 c: t i "oT" » ^ ] CO : : : : : :i : ira > S « -.n ■>ji i •a S=> f^ CO 1 tJD 3 » rS;:: ::::::: in X j O ' d T-^ *••*•■ * ■ c^ CO i o CO X 1 ^ c-i- CO' in ! [ 6 ^ lOO lO ^ : i .5 : lo X • : i ; : : i i '0 05 . CO Ph ^ eo » o" d ^' _ to -f" 0-- _ c o ^/-\^ O-^iOO X o o U3 O "^ © O X O t^ C IM CO c ; oi X a : X CO : . . : : i-< : -?• CO X lO t> X ira « (M t^ X o H-t oi s CO rt rM -*i rt -f WMlOIMr-l -*_ X -7' ;; -tj -*•--' ~C) 1^ CO t-H , ^' ^ .o: X X 10 =tj ■ii c -^ :■-' 1> s : X o ::;::: : 71 Hi ^ ^X (M r-l 'Z' |o" X M01 CI O !-». ^ X CO O •^ "co^ c cot-- ■~-^^ (M_C_X_ ,• O lO o CO lO e"x — Tr-I^r-T C : i> o : : ; : : CO : : ^ lO =tj =rt :coi^ : : : : :^ : oj •t-x'o ^ O05 • "'. cc X >o>o 5 ~ ^WCOrtCOOCOOCuO .H ■* ^ ^J ^mcocoosOrHOOOx to CO o: ''^ 6 o-?*-^coc 7-cccro^i CO »o Ol J, l^ X_ X X C IC rH X IC Tfl -5ft la ^ lo" i" lo ji' i-O "—I -^ -r) o "- rlrt " a 3 t-s ; -*-• ^r-t : : : /^,A^» • • *^ : (o cj I : : : m ■ '^' ja i o • U t-, • ' • • tH = fi o S = .t; -b rS : o fb : : : « o o g o a o o 1 "3 C a. t: 1§i-f io-il-ll c „ « 2 S-eS.tiS a X^.9 c c CI fl a c = ^;gooo oooo ^^66666666 •eg 1 d a-r; o ® >- m ill 'oqpAfiOP;^::: ^ m «K:iPHKw« KPh3 H # APPENDIX. pq 'fe. fiq ^3 O CO CO H en Pi pq O ^ % .^•^3rt '^ « .3 05C -H t^ ■* S3 O'^r--* .—1 1^ >a o •* CD :K rH O ts. C5 i-H O i-lOO ooM m o 00 >Horjo >o co t. coiotcco (M O CO -M l^ C; C. C CD I-H I^ O -^ CD -5 ON ir sn o cD_o x_ i-i o co <» c>5 cd__03 ^x"l~" ic" CO Cd" M"cD''f-H' CD~ CD "rf i-T 00 ^^^ cD-*r*eo^co:o m i-h o o ; O 00 C (M UO : : : : r-i ■ (M o O CO rH t^ CD CO CD 1-1 CC O rH (M O eo o o 3^ i>. « GO CD C-l CO t» O 0-3 C30-. CO f-H CD CD O rH O CD t^ O -^ m CD ^ CO o CDOrH _ _ .- _.„. _ CD__lO ■* l^ 00_^ CO 00_^CO CO 00 OCD-*" ^" lo in t-T CO OS o £ s -"Si. S 3.S ■ mJ3 :"■« : a-S o S ' o ^ t: S ' t, S: o tX p ^ c^ t- u ^ a ( T"^ « .•»; O I > ^ o g g . 13 S S o o £ g . =- ri m m o m ( OV5 >> 'tS c.( 3 His o o-^ o „ _uajCJa>oPa23'*» OP fififiP fifi obmPQW „ 5 c -d o 3^^ o: 2 CD t^ O O C-l -J -^ S'SSt^ (1) •5-3 g.S dju ran uar lear 2^ «noo tn fs n APPENDIX. 01 THE ESTATE OF MESSES. T. AND H. G. GEAY AND CO. A meetinp: of the creditors of Messrs. T. and H. G. Gray and Co., colonial brokers, who f:iilcd on the 5th of October. 1856, was held on tlie 12th of November, when the statement regarding their affairs was presented by Mr. W. Quilter, the accountant. Statement of Affairs, October 3, 1856. DEBTOR. To simdry creditors £15,112 3 2 To liabilities on bills receivable £9,911 4 2 The holders of these bills have in hand, balance of Gray and Co.'s drawing account... £90 11 1 And also estimated sui-plus se- cui'ity beyond the amount advanced • 862 9 10 953 11 Draft9onu3 9,3J6 9 To sundry creditors, old firm 1,742 6 6 £26,200 10 5 CREDITOR. By cash and bill m hand, viz. : — 'Cash at bankers' £1,405 Bill due 29th October 55 6 7 £1,460 6 By goods and office furniture in hand 317 By sundry debtors — Considered good 935 15 7 „ doubtful and bad, not estimated ... 000 By assets due to the late firm of Gray and Co. . . . 1,254 1 6 £3,967 3 8 Deduct — rent, salaries, expenses, etc 600 £3,367 3 8 It was explained, that although the balance-sheet shows only £3,300 to meet i£26,000 debts and liubilites, the partners are desirous of effecting arrangements to ncrease the amount, and it is thougiit that, including the proceeds from an unsettled account with another firm, the assets may eventually reach about £7,000. Taking an estimate, it is believed a dividend of from 4s. to 5.?. in the pound may be realized. A lengthened discussion took ))lace with respect to souie irregular bill transactions, and it was ultimately agreed tluit the estate should be wound-up under inspection, periodical disiributious to be made as the assets are converted. CU APPENDIX. PAKT IV. 1857. THE ESTATE OF W. EUSTAXA AND CO., AXD CALUTA BEOTHEES. A meeting of the creditors of Messrs. Fustana and Co , of Liverpool, and Messrs. Caluta Brothers, of Manchester, was held at the office of Messrs. Lowndes, B.iteman, and Lowndes, the 11th of February, 1857 ; the representatives of thirty- three creditors being present, Mr. W. Courtnay Cruttendeu in the cliair, a summary of the accounts, prepared by Messrs. Bewley and San, public accountants, was read, as follows : — SxATEilENT OF AFFAIRS TO FeBETJAEY 11, 1857. LIABILITIES. Creditors on open accounts £19,227 5 11 Creditors on Fustana and Co.'s acceptances 30,059 4 5 Creditors on Caluta Brothers' acceptances 18,579 4 Creditors on bills receivable 4,593 6 3 £72,458 16 11 ASSETS. Outstamling debts, good £8,770 5 3 „ doubtful and bad, worth 664 14 4 Bills and cash on hand 10,876 14 9 Goods on hand, and on the way 3,324 5 £23,635 14 9 Amount at the debit of the foreign houses for consignments 49,749 13 5 £73,385 8 2 From these accounts it appeared that there was every probability that, if time was given, all debts would be paid in full. Mr. Fustana and Mr. George Caluta were called in, and having given satisfactory answers to the questions submitted to them, they were asked what proposal they had to make, when they submitted the following, viz. : — To pay 4s. in the pound in August, 1857; 4s. in the pound in January, 1858; 4.s. in the pound in July, 1858; 4s. in the pound in January, 1859; 4s. in the pound in July, 1859. It was resolved, that the above proposal be accepted. It was further resolved, that, in order to secure the funds of tlie concern, the same shiiU be placed, as received, in tlie Royal Bank, in tlie names of the Chairman and Mr. Stcfano Franghiadl, but, in all other respects, Messrs. Fustana and Caluta be left to wind-up the business without inspection. Tliat Mr. Bewley be authorized to proceed to London to explain to the Ottoman Bank, and other creditors there, the position of the affairs, and that he convey to them, and the other absent creditoi'S, the importance of tlieir acceding to the above resolutions. (Signed) Wm. Courtnay Ckuttenden, Chairman. THE ESTATE OE MESSES. C. FEANGHTADI SONS. A meeting of the creditors of Messrs. C. Franghiadi Sons, Greek mercliants, who failed on the 20th of February, 1857, was held on tlie 11th of March, Mr, Diggles presiding, when the following statement was presented by Mr. J. E. Cole- man, the accountant : — APPENDIX. cm Statement op the Affaies oe C. Feanghiabi Sons, op Geesham Hoise, Old Beoad Steeet, Meechants, Febktjaet 20, 1857. DEBTOE. To creditors on open accounts £12,754 14 8 To creditors on bills payable £86,109 15 6 Less debit balances asrainst same 7,721 9 2 To creditors pai'tially seciu'cd £770 9 10 Less security held G14 12 6 To creditors fully secured — Security held £21,515 4 8 Claims 17,874 19 7 78,388 G 4 155 17 4 To contra £3,610 5 1 To liabilities on bills receivable, £114,536 8s.9d., of which it is expected there will rank on the estate 24,760 £116,058 18 4 Bycash £573 8 5 By debtors (good) 1,578 3 7 Bv ditto (doubtfid) £1,517 14 2 By ditto (bad) 6,065 17 6 By bills receivable (good) 785 By ditto (doubtfid) 3,800 By assets, consisting of wheat, etc 9,243 7 7 By sm'plus on secui'ities held by creditors, contra 3,640 5 1 £15,820 4 8 Less creditors under £10, and amounts to be paid in full 261 14 5 £15,558 10 3 Amoiints due by parties after they have provided for their draughts 5,639 19 7 Amomits due fi'om Franghiadi and Yalenti, of Alexandria 61,271 17 11 £82,470 7 9 Balance in the hands of parties who are holders of bdls receivable 817 8 It was explained that, although the balance-sheet showed liabilities to the extent of i'116,000, with assets representing i82,000, these figin-es would have to be morlified, owing to the position of the firms abroad. There were three houses in addition to the London establisbment — one at Galatz (presumed to be solvent), a second at Alexandria, and a tliird at Trieste. The bouse at Trieste had stopped, and tlie liabilities would be increased tliiough this event about i£9,0C0, making a total of il 25,000. Against tliis amount, the assets in London were taken at i'15,550, and at Trieste at it'3,500, while Mr. Coltman had tliouglit it prudent, in consequence of the Trieste house being creditors for i.'32,000, to take the Alexan- drian balance at £29,000, instead of ^61,271, as it stood on the books. In this shape the accounts would show i'48,050 to meet iE125,000; and if the house of Franghiadi and Valcnti, of Alexandria, was on a settlement, liable for, or in a posi- tion to paj', a greater amount, the excess would increase the general dividend. Since tlie London house stopped, £6,850 had been received, principally from Alex- andria, and this, togetlier with the £15,500, made i22,3G0, which it was thought might be safely realized, allowing a distribution, if the creditors concur, of 2.s. in the pound at no distant period. As some of the claimants had commenced proceedings in bankruptcy, it was suggested that it would be desirable to ascertain what steps they intended to pursue, and Mr. Lavie, supported by the majority, explained that CIV APPENDIX. recourse to that tribunal would not improve the assets, or facilitate the administra- tion of the estate. A long discussion ensued with regard to the manner in which one or two transactions have been conducted, and the parties opposing said they could not pledge themselves to accede to the mode of liquidation suggested. In answer to questions, it was stated that the firm commenced witli a capital of i'12,500, and that the losses and expenses had included from .£50,000 to i-60,000, i£'24,000 of which are through iiabiUties on bills. A balance was struck on the 1st of January, but several large sums were then kept under the head of suspense account instead of being carried to jDrofit and loss. After some further conversation Avith regard to the expediency of despatching an agent to Alexandria, to ascertain the position of the house there, the annexed resolution was agreed to : — ■ " That the following gentlemen — Mr. Westmoreland, Mr. E. G. Franghiadi (Frangliiadi and Kodocanachi), and Mr. Lazard — do form a committee, with autho- rity either to select some competent person to go out to Alexandria or to forward instructions to some house at Alexandria ^vith a view to ascertain the true position of the firm there, and to obtain tlie remittance of funds to the committee as quickly as possible." In the meantime the assets are to be realized, under the direction of the committee, with a view to an early dividend, and all funds to be deposited at the Bank of England, in tlie joint names of Mr. G. C. Franghiadi and Mr. Coleman. Tlie firm was subsequently made bankrupt, and the following is the balance- sheet : — Balance-sheet from Janfaby, 1853, to March 14, 1857. DEBTOR. Tocreditors. £91,498 5 8 To creditors holding seciu-ity .' 13,768 9 Tocapital .' " 12,500 Toprofits 13,978 4 11 To liabihties on bills receivable £82,939 16 7 Of which it is expected there will rank on this estate 25,260 £157,104 19 7 CREDITOR. Bv debtors, good £4,242 12 2 „ doubtful £4,939 4 bad 6,498 9 5 £11,437 9 9 Esthnated at 2.y. 6(1. in the pound 1,429 13 2 By property 14,748 3 8 By cash to official assignee 3,656 4 6 By property in the hands of creditors holding security 15,219 16 6 B V amount due iVom Franghiadi and Valenti 23,245 14 6 Bv M. G. Yalenti 3,412 4 4 Bv trade expenses 20,583 10 10 By leases 40,136 18 11 By excepted articles 20 By liabilities as ^je?' coM^/'rt 25,260 By Gr. C. Franghiadi — drawhig account 5,150 £157,104 18 7 THE ESTATE OY P. SINANIDES AND CO. A meeting of the creditors of P. Sinanides and Co., Greek merchants, who failed on the 21st of February, 1857, was held on the lOtli of March, when an adjournment of three weeks was agr^'cd to, with tlie view of receiving advices from Alexandria regarding the debt ot P. II. Andrea and Son, amounting to .i'20,800. APPENDIX. CV The assets, irrespective of this sum, showed about 2s. in the pound, but it was Loped tiiat they will be further increased. The creditors present expressed an opinion in favour of a liquidation under inspection in preference to an appeal to bankruptcy. Subjoined is the statement submitted by Mr. Quilter, the accountant : — Balance-sheet. DEBTOll. To creditors unsecured .£30,855 8 9 To creditors partly secured, viz. : — Claim .£-5,125 17 11 Less securities 2,623 16 8 2,502 1 3 To creditors fully secured, viz. : — Securities i'9,580 Less claims 7,499 10 Surplus taken as an asset j^er contra i'2,080 10 To holders of our acceptances of P. H. Andrea and Son's drafts 3,183 17 3 To liabilities on bills receivable — Considered good £21,431 17 6 To liabilities on bills payable for our acceptances of H. C. H. Moyssi's drafts outstanding in the excess of the estimated balance owing to him, viz. : — Acceptances £4,600 Estimated balance 2.502 1 3 £2,097 18 9 £36,541 7 3 CREBITOK. By cash and bills in hand, viz. : — At Bank of England £9 18 1 Bills receivable 1,139 16 • £1,149 14 1 Bv debtors considered good 652 12 2 considered bad £10,979 15 2 £10,979 15 2 By debtors in respect of bad li.abilities 11,895 13 1 By surplus securities in hands of creditors, /jp?" 'contra 2,080 10 By P. H. An.lrea and Son : — Balance of account current, as per statement.. £17,709 11 3 Bills accepted on their account 3,1!^3 17 3 20.893 8 6 By shares— cost 300 By deticleney carried over 11,465 2 6 £36,541 7 3 THE ESTATE OF MESSES. SWATNE AND BOVILL. A meeting of the creditors of Messrs. Swayne and Bovill, merchants and engineers, who failed on the 3rd March, 1857, was held on the 9th, when it was agreed to wind-up tlie estate under inspection, the following gentlemen being selected to superintend the process : — Mr. Lockett, Mr. J. Cary, Mr. Ilix, Mr. J. Freeman, and Mr. F. Bramwell. The whole of the discussion was in relation to the CVl APPENDIX. prospects of dividend, and tlie measures to be adopted for completing the works in progress, since tlie results of tlie-e, together with the proceeds of various patents, will greatly assist to increase the total assets. The annexed figures represent the principal items in the approximate statement submitted by Mr. Turquaud, the accountant : — To sundry creditors unsecured £46,352 6 8 Ditto holding security as jjer coH^ra £80,304 9 To liabilities 14,713 £61,095 6 8 Bv cash balance 100 Debtors, good 10,Gi8 7 5 Ditto, doubtful £11,254 2 0) ^^^.-,^ ^ q At lOi'. per pound j ' Consignments of iron surplus over advances ... 3,700 Property imencumbered 19,147 5 6 £39,222 13 ]1 Deduct estimated payments required to com- plete works 1,709 £37,522 13 11 By property held as security jier contra £181,585 17 By patents, etc., not included in the above assets, estimated probable value 90,000 THE ESTATE OF MESSRS. COPLAND, BAENES, AND CO. A meeting of tlie creditors of Messrs. Copland, Barnes, and Co., provision mercliants, who failed on the 4th of March, 1857, was held on the 19th of March, Mr. Harker presiding, when tlie following statement was submitted by Mr. Pullein (of the firm of Harding and Pullein), the accountant : — Statement of the Apfairs of Copland, Barnes, and Co., of Botolph Lane, London, Provision Merchants, March 4, 1857. liabilities. — debtor. To creditors unsecured £25,298 19 11 Creditors partially seciu'ed £524 11 11 Less value of secui'ities 408 IIG 11 11 To creditors full V secured 18,357 3 2 Value of securities 21,231 8 11 Surplus, see co»/ra , 2,874 5 9 To creditors to be paid in full : — Eent and salaries 474 12 7 Creditors under £10 18110 7 See contra 656 3 2 To liabihties on bills receivable, etc 9,610 10 9 Less amount not expected to be claimed against thecstate 8,157 14 1 1,152 16 8 £26,868 8 6 APPENDIX. evil ASSETS. — CEEUITOE. By debtors— considered good £2,5-i2 12 10 , doubtful and bad £1,65V 7 Bjcashinhand 139 5 By stock in trade, etc 4,322 15 8 Surplus securities held by creditors 2,87-i 5 9 £9,878 19 3 Less creditors to be paid in full as ^er co«//'a 656 3 2 £9,222 16 1 It was explained that the assets show a dividend of about 6s. 8d. in the pound, and that the losses have been occasioned by the rise in tlie prices of provisions, the firm having a contract with tlie Royal Mail Steam Packet Company. The estimated distribution, it is thouglit, will be realized, since the company seem disposed to take the remaining stores, both at home and on the intercolonial stations, at a fair price. In answer to questions, it was mentioned that the private estates show no surplus, and that the amount of capital originally introduced has not been traced, the liouse having been upwards of thirty years in business. After hearing further details from Mr. Nicol (of the firm of Messrs. Allen and Nicol), relative to the cessation of the contract, and the manner in which it had been carried out, several creditors proposed a liquidation by inspection, but it having been suggested that an investigation is essential before coming to a final determination, the annexed resolution was ulti- mately agi-eed to : — "That Messrs. Ilarker, Strong, Snelling, Thomas Pennick, Alexander A. Rattray, and Ciiarles Plullips, be appointed a committee, three to be a quorum, to investigate the affairs of Messrs. Copland, Barnes, and Co., and report the same to a meeting of tlie creditors to be called for the purpose." At an adjourned meeting, on the 27th of March, of the creditors of Messrs. Copland and Barnes, provision contractors, who failed on the 5th, it was agreed to wind-up the estate through a petition for private arrangement, under the control of the Bankruptcy Court, Messrs. Harker, Anderson, Ward, and C. J. Phillips being appointed inspectors and trustees. The loss by the Royal Mail Steam contract appears to have been £25,000, and the firm is stated three years ago to have been solvent. The firm was subsequently made bankrupt, and the following is the balance-sheet : — Balakcjv-sheet, feom December 31, 1853, to April 3, 1857, the Date of Adjudication. debtor. To creditors unsecured £28,803 11 To creditors fidly seciu'ed 114 6 10 To creditor partially secured (Eoyal Mail Steam Packet Company) 16,909 9 5 To creditors to be paid in fidl £262 11 7 To liabilities 1,452 16 8 To surplus on the 31st December, 1853 1,852 8 3 To profits 18,679 7 1 £67,841 19 3 ceeditoe. By debtors, good £3,197 17 3 „ doubtful 11 11 8 „ bad (carried to losses below) £510 2 5 By cash paid to official assignee 439 2 5 By property realized £2,910 5 2 By ditto not reahzed 97 17 9 Carried forward 3,008 2 11 3,648 11 CVlll APPENDIX. Brought foi'ward Less — to be paid in full £3,008 2 11 262 11 7 £3,648 11 4 Property held by creditor fully secured Property held by Royal Mail Steam Packet Company Liabilities as per contra Trade expenses Discounts Law costs Partners' drawings — Charles Copland £2,815 17 1 William George Banies 2,963 4 Losses — On intercolonial contract £27,178 9 10 On realization of stock, etc 777 4 10 Bad debts 510 2 5 2,745 11 4 190 5 8 12,057 18 4 1,452 16 8 10,805 8 6 2,558 12 5 138 6 5,778 17 5 28,465 17 1 £67,841 19 3 THE ESTATE OF ME. W. PITCHEE. A meeting of the creditors of Mr. "William Pitclier, of Northfleet, shipowner, etc., wlio suspended shortly previous, was held on the 19th of May, 1857, Mr. White presiding, when the subjoined statement was presented by Mr. J. E. Coleman, the accouutant : — Statement of the AprAiES of William Pitcher, of Northfleet, Kent, Shipowner, etc., Mat 9, 1857 : — debtot?. To creditors imseciu'ed £60.803 9 6 Creditors pai-tially secm-ed £93,185 6 9 Estimated value of security lu'ld 59,010 34,175 6 9 Creditors fully secured — Estimated value of security held 10,950 Amount of claims 6,000 ScecoM^m £4,950 Liabilities on bills received 1,824 7 1 Expected to be duly honoiired at maturity. £94,978 16 3 creditor. By cash balances £81 7 2 West of Ireland Pishing and Fish Maniu-e Company's shares, estimatcdat 100 Loose tools, stores, etc., estimated at 20,200 Debtors, good 765 Estimated amount to be received on completion of vessel now building for the Russian Government, say 1,400 Surplus security with creditors contra 4,950 £27,496 7 2 Amounts under £10, and to be paid in fuU £138 17 11 Salaries, taxes, rates, and other charges 939 15 !) 1,078 13 8 Household furnitui'C, etc., stands at cost 1,023 3 2 £26,417 13 6 It was expliiined that the assets will realize about 5s. in the pound if the stock be sold by auction, and anotlier valuation (could arrangements bo made to secure an APPENDIX. CIX incoiniiip; purchaser) shows about 10s. In 1852 the estate exhibited a surplus of £13,000, but losses have since occurred, and these, with tlie irjterest on borrowed capital, private expenditure, and the difference in cost and estimated value of premises, have caused tlie deficiency. One creditor complained of the manner in which his debt had been contracted shortly before the suspension. A sud. in the pound. The sepa- rate estates comprise the freehold and copyhold farm land in Rothwell and Ket- tering, and some otlier copyholds together, of tho estimated value of £18,750 ; but there are mortgnges, etc , thereon, to the amount of £10,000, and the balance is subject to tlio payment of £3,000 to the Rev. F. W. Gotch, and for which he holds a joint and several bond — this bond was given about November, 1852, in pursuance APPENDIX. CXI of the tnrms of the will of the late Mr. Gotch, who bcqueatlied that amount to his son. The other portion of the separate estates consists of lionseliold furniture and effects, etc. Tlie difference between the amount of the liabilities and of the apscts will be found to amount to £50,023 5s. Id., and if to the amount of the bad dchls (i'il.OlO 5s. 9iL) be added the difference between the amount of the doubtful debts and the sum now expected to be realized therefrom (£54,130 18.?. 3r/.), it will be seen that the losses by debtors amount to .±75,141 4.?., being .425,117 18s. llf/. bej'ond the present deficiency; this was about the amount appearing in the books as the aggregate capital of the partners in June, 1852. Although the debtors are, as may be expected, very numerous, we find that .i'46,417 2.s\ 4d. (almost the amount of the deficiency) is due from two persons only — one a well-known clergy- man, who formerly lived near Kettering, the otlier a farmer and shoe-factor in the neighbourhood, also well known. In the case first mentioned, we find that, at the decease of the late Mr. Gotch, in May, 1852, there was due the sum of £2,852 11.?. 6(1. About December, 1852, he left this neighbourhood for a foreign country, where he has since resided ; and, shortly after his arrival there, he appears to have engaged in patents, mines, and other speculative undertakings. He at first applied for small advance!, holding out promises of immediate repayment, and that the old balance due from him would speedily be liquidated. These drafts continued to increase, without a single repayment, and, although no draft exceeded c£'200 in amount, yet the account has increased by this course to its present magnitude (£24,892 6s. 2c/.). The only reason apparent for the continued payments appears to be the fear that any refusal would involve the loss of the whole debt, and the belief, arising from the individual's representations, that the enterprises in which he appeared to be engaged would enable him to repay every shilling in a very short time. We have perused the letters received from tlie person in question since January, 1853, and find that, on many occasions, he stated that his property was far more than sufficient to pay Messrs. Gotch ; but it does not appear that on any occasion those statements were tested by investigation, or that any steps were taken to compel repayment of the amount drawn. Whether or not any considerable portion of the debt will be reco- vered, is still a matter of uncertainty. The security held will not produce more than £1,000. In the second case, the sum of £14,902 3s. lOd. was due at the death of Mr. Gotch, and must then liave been very doubtful, yet the account has since been allowed to increase to 121,524 16?. 2d., the amount now due. From this debt but a small dividend is anticipated. The assets, as before mentioned, show nearly 12s. 6d. in the pound, and that amount will be increased in the event of either of these large debts producing more than 2s. in the pound. We have carefully examined into the recent transactions of the firm, with the view of ascer- taining whether or not any preferential payments have been made, and we have the satisfaction of being able to state that nothing of the kind has taken place; indeed, we have every reason to believe that the suspension of payment was not contem- platel many hours before it actually took place, and was not determined upon until after four o'clock on the Monday afternoon (the 8th instant). " Upon investigating the position of the affairs of the firm in May, 1852, the date of the death of the late Mr. Gotch, we find that a considerable portion of the debts now considered bad and doubtfiil were then standing in the books, yet we have every reason to suppose that, had the operations of the firm been then closed and wound-up, the estate would have been solvent, and that the real estate of the late Mr. Gotch would have remained available for the trusts of his will. The bequests amounted to £9,000, of which £2,500 only have been paid. The sum of £3,000 is still payable to the Kev. E. W. Gotch, and for which he holds a bond, as before mentioned. The balance passed upon the death of ilrs. Gotch and Miss Frances Gotch to J. D. Gotch and T. H. Gotcii, and has remained in the estate. In conclusion, we think it due to the Messrs. Gotch to say, that all their books and papers have been placed at our disposal, that every facility has been afforded by them for the most searching investigation, and that they have most readily given the information we desired ; in fact, that they have submitted themselves and tlieir affairs to their creditors, at the request of the committee, as completely as if an adjudication in bankruptcy had taken place. "We are, gentlemen, your obedient servants, " Hakdinq and Pulleiw. The estate was ultimately wound-up in bankruptcy. CXll APPENDIX. THE ESTATE OF MESSRS. EVANS, HOAEE, AND CO. A numerous meeting of the creditors of Messrs. Evans, Hoare, and Co., enfjnged in the Australian trade, who suspended business on the 9th of June, 1857, was held on the 3rd of July, Captain Denny in the chair, when the follo\vin<^ statement, prepared by Messrs. Turquand and Young, the accountants, was exhibited. Mr. J. Linkiater represented the firm ; and Mr. E. Lawrance attended on behalf of Mr. Hoare : — Statement of Affaies, 10th June, 1857. To creditors unsecured : £59,252 2 4 To creditors partially secui-ed 19,641 3 2 To creditors fully secured— Claims £77,665 11 10 To invoice value of security 107,073 1 10 Per contra £29,407 10 To liabHities on bills— Payable £13,954 16 5 Of which mav prove against the estate 3,500 To liabiUties ou bills— Eeceivable 72,124 16 3 Considered good. To UabQities to creditors of the fii-m of E. D. Moore and Co., estimated at 500 but which will be paid by that firm. To liabihties in respect of lease of premises at Southgate Street, held on lease for — years, annual rent 350 £82,393 5 6 CREDITOR. Bydebtors £2,572 1 2 Good £822 1 2 Doubtful and bad £22,299 5 11 Estimated to realize 1,750 £2,572 1 2 Bycash 84 17 2 By stock of wines, etc., as per statement 1,740 2 11 By stock in the hands of creditor By estimated sxirplus, as per statement 1'16 4 9 By consignments unencumbered at cost, as per statement 1,153 12 1 By office furnitm'c and fittings, valued at 75 By surplus secui'ities, ^Jer contra, being consignments at invoice price 29,107 10 By ditto at cost price £ By value of our interest in the firm of E. D. Moore and Co., estimated, if sold, to realize 1,500 Deduct (to be paid in fuU) — Dock charges £368 18 7 Salaries, etc 245 13 11 £36,679 8 1 614 12 6 £36,064 15 7 The creditors, at the commencement of the proceedings, complained of the delay in preparing the accounts, particularly as it was well ascertained that tlie AFPEXDl.V. CXIU assets are all of a doubtful nature. When the figures were explained their dissatis- faction increased, the prospects of the result of the realization of tlie consignments abroad beiii';; considered discouraging. It was intimated that Messrs. Evans, Houre, and Co. arc riot in a position to make any proposal for an arrangement, and, consequently, their only course is to submit to wiiatever steps are dictated. Great sympathy was expressed for Mr. Hoare, who took into the firm i.'5,000, besirles a credit for £6,000, winch has been absorbed — his family liiicwise l)eing cliiimants for goods supplied to the extent of i'18,000. Mr. Lawrance placed these facts before the meeting on behalf of Mr. Iloare, and stated that liis friends would Ijave endeavoured to assist the firm in making a composition, but for tlie disastrous position in which tlie assets were placed. Some discu-sion occurred with regard to the probable returns from Australia, whither the principal consignments, beer, spirits, etc., have been sent, and a great difference of opinion prevailed. Several creditors alleged that goods had been obtained from them a few weeks before the suspension, and wlien it was evident the house would be compelled to pull up. In answer to questions, it was stated tliat the deficiency under the old estate of Mr. Evans now proved to be £16,000, but that he estimated his capital in December, 1855, taking the value of consignments, etc., into consideration, at £22,000. On an appeal to Mr. Linklater for his views, he said the only suggestion that could be made would be in favour of a liquidation by inspection ; but the great miijority of the creditors dissented, urging that the estate should be administered in bankruptcy. A resolution to this effect was then passed, and the necessary measui'es for facili- tating the proceedings will at once be adopted. Proceedings in bankruptcy were subsequently carried out. THE ESTATE OF MESSES. EOESTEE, EUTTY, HALL, AND CO. A meeting of the creditors of the above-named firm, who failed in the Scotch and Manchester trade, was held on the 14th of August, 1857, when tlie following statement of affairs was presented by Mr. Parrinton, of the firm of Parrinton, Ladbury, and Co., the accountants : — DEBTOE. To creditors £18,282 11 5 Less securities held by them 3,154 7 2 £15,128 4 3 To liabilities on bills drawn upon and accepted by other persons for tlie accommodation of Messrs. Forster, Eutty, Hall, and Co 10,000 17 6 Less value to acceptors, who it is supposed wiU pay tlieii' acceptances 1,3G0 16 1 ^ 8,640 1 5 To liabilities on bills receivable, discounted, considered good 14,818 3 4 To ditto ditto bad 1,111 2 To liability on promissory notes of the firm delivered to the acceptors of accommodation bills 2,817 4 11 £54,882 5 10 CKEDITOK. By stock in trade at cost £11,341 2 3 By book debts, good 6,283 15 8 Ditto doubtful £98 19 1 49 9 6 Ditto bad 566 12 2 By cash and bills in hand 8 16 3 By balance at bankers' (deducted from their claim) 69 18 Carried forwanl £17,683 3 8 H CXIT APPENDIX. Brought forward £17,683 3 8 By trade funiitiu'e, etc 171 9 By bills received (dishonoured) amounting to £3,419 19s. 2d., held by acceptors of ac- commodation bills as collateral security £0 By bills receivable, amounting to £1,906 2a. 6d., estimated at 1:654 7 2 Held by creditors as secui-ity upon advances of £1,350 :— Bv leases and fixtures of premises, ]S'os. 64 'and 65, Friday Street, and ^'o. 40, Cheap- side, held fo/ unexpired terms of 17, 12, and 12 years respectively, at a total rent of £980 iDcr annum 1,500 Mortgaged to Mr. J. Thomas, as security for his debt. Deducted per contra £3,154 7 2 17,854 12 8 Less rent, taxes, salaries, etc S02 13 10 £16,951 18 10 It was explained that the estnte shows about 6s. in the pound, but it is questioned ■whether this amount will be realized. The deficiency to be accounted for is £37,000, in addition to profits stated to have been miide during tlie eight years' trading ot £54 000. Mr. Panington gave a most discournging narrative of the condition of the firm, v.-ith regard to their mode of conducting business, tlie state of the books, and the drawiiijTs of the partners. No proper balance-sheet has ever been t.iki'U since the commencement of the trading. The cash account has been traced through the counterfoils of cheques ; and to bring the ledgers, etc., into a satisfactory con- dition three months' labour must, it is alleged, be expended. The present state- ment must, tlierefore, be considered more as approximating to, than verifying, actual results. It is not presumed that any dishonesty or concealment has been practised, bu" the great recklessness exhibited will render it necessary that a strict investi<'ation of the accounts shall be carried out. The loans and repayments have been of a most extensive nature, and the absence of good bookkeeping lia*, conse- quently, increased tlie confusion. The principal parties who are secured are the bankers', and a relative of Mr. Forster's, who lias advanced about £8,000. It appears that the drawings of the partners gradually increased as thtir business extended, although it was conducted in such an unsatisfactory manner, and without prospect of ultimate amendment. The joint estate may be benefited to the extent of £300 by a surplus from the private estate of Mr. Forster, but those of Mr. Rutty and Mr. Hull are fully absorbed by claims upon them. A lengthened conversation then took place as to* the best course to be adopted for cfl'ecting a liquidation. It was proposed, and eventually resolved, that the partners should be requested to sign a declaration of insolvency, that the estate should he wound-up by inspection, with the view of facilitating an early distribution of assets, and that recourse should be had to bankruptcy, if the accounts, on investigation, should exhi^ features requiring the interference of that tribunal. Tlie suggestion for an inspectorship emanated from Mr. J. Linklater, who considered it a more desirable proceeding than an ordinary assignment. The three partners were then introduced, and havinn- signed the declaration of insolvency, some of the creditors interrogated them on various points. The most important facts elicited were the admission by Mr. Rutty that the firm had known for several years they were in a doubtful position, and that, accoi'ding to a rough statement which he had prepared, the deficiencv, etc., in the accounts w-ould be found to consist of the expenses of business, interest and discount, and discount allowed to customers on purchases, etc. In- spectors, with tlie general concurrence of the creditors, having been appointed, the meeting adjourned. APPENDIX. CXV THE ESTATE OP IMESSES. CAEE BEOTHEES AND CO. A general meeting of the crertitovs of Me?si-s. Cnrr Brothers, of Ncwcnstle-npon- Tyne, coal owners, etc., was held on Tuesday, August 18tli, 1857, Mr. Stimuli George Smith, of tiie firm of Smith, Piiyiie, and Smith, in tlie chair, when the following statement was presented hy j\lr. J. E. Coleman, the accountant. Of creditors amounting to ^670,000, ahotit £540,000 were represented, the principal parties being the Bank of England, tlie Nortlmmberland and Durham District Bank, the Commeriial Bank of Scotland, Messrs. Carr, Gl_)n, and Co., the National Dis- count Company, Messrs. Bailey, etc. Geneeal Statemekt of the Liabilities and Assets of Messrs. Caee Brothers and Co., of Newcastle-upon-Ttne, Axfgust 1, 1857. full claims and assets. To amount due to creditors fuUy secured £301,549 Ditto, partially secured 202,091 Ditto, on acceptances discounted 149,072 Ditto, on acceptances for colliery stores and working purposes 13,395 To creditors on open accounts 12,500 £678,607 By value of collieries £439,315 By value of shares, etc 179,990 By coal, stock, and simdries 10,953 By sundry debtors 66,382 By surplus from the separate estates of the partners after payment of claims thereon 20,000 £716,640 LiabUities on bills discounted, the whole of which it is expected wiU be duly honoured at maturity 40,947 9 1 £719,554 9 1 CLAIMS AND ASSETS AFTER DEDUCTING SECURITIES HELD BY CREDITORS. To creditors wholly secured : — Estimated value of seciorities £468,640 Amount of clahn 301,549 9 Surplus £167,090 19 3 To creditors partially secured ; — Amount of claims 202,091 Estimated value of securities 75,665 £126,426 To credii ors on acceptances 149,072 To ditto for coUiery ptirposes 13,395 To d itl o on open accounts 12,500 £301,393 By estmuted svu-plus on English collieries and on shares £167,001 By estimated value of Welsh mines 75,000 By coal, stock, and sundries 10,953 By sundry debtors estimated 66,382 Canned forward £319,426 ex VI APriCXDIX. Brought forward £319,426 Bv surplus from tl\e separate estates of the partners, after pay- *ment of claims thereon 20,000 £339,426 Liabilities on bills discounted, tlie whole of which it is expected will be duly honoured at mat urit y £40,947 9 Mr. C. Freshfield stated the circumstances under which former consultations took place respecting the liquidation of the estate. When the bills of the firm were first dishonoureii, Messrs. Smith, Payne, and Smith, as interested parties, pro- posed an investigation, and the Bank of England being also creditors, it was agreed that Mr. Coleman should be despatched to Newcastle to look into the accounts, and make a report. Tliat object having been accomplislied, the result was coniinuni- cated to several of the principal creditors, and it was thought that it would be for the interests not only of ilessrs. Carr Brothers, and the creditors, but of the locality itself, if an arrangement could be eflected for a liquidation under inspection. Mr. Coleman, having fully investigated the estate, was now prepared to explain its position, in order that a conclusion might be arrived at. Mr. Coleman, in reply to the Chairman, announced that the estinitite of the surplus of the propertj', which he before took at £40,000, will be now modified, and placed at £38,000. The principal assets consist of collieries in the North of England and in South Wales. Tlie collieries in the North were valu. d in 1854, by Mr. Forsttr, at £466,000, but it is not considered prudent to take them at more than seven years' value of the pro- duce; and, therefore, the amount is reduced to £364,315. With regard to tho South Wales collieries, they had been valued at £116,000. Not being, however, in full operation, and the coal appearing less in demand than that obtained from the other collieries, the opinions of qualified persons have been accepted, who consider that they may safely be placed at £75,000. These two items constitute the total of £439,315 for the collieries. Tlie shares described as valued at £179,990 consist of Blyth and Tyne Eailvvay shares (the line having been originally the property of the firm), the preference descriptions paying ten per cent., and the ordinary descriptions six percent. These have been taken at the market prices of the day, which, it is believed, form a fair representation of their worth, unless heavy sales take place, and they are forced to a depreciated point. The items of coal stock and sundry debtors will, it is expected, be realized, and the separate estates of Mr. Dryden and Mr. Juhn Carr m.ay yield £20,000. The debt of the Northumberland and Durham District Bank is about £200,000, for which they hold ample securities upon the collieries, but the directors are willing to remain in the same position in which they at present stand for twelve months, to see if the liquidation can be eflected, reserving to themselves the right of receiving only the interest on the mortgage. Among the other secured creditors are tlte Edinburgh Insurance Company, the Na- tional Assurance Company, the North Britisli Assurance Company, and Lord Ravens- worth, most of whom liold Blyth and Tyne shares. The best mode of arranging the debts of the esttite, it was contended, will be by inspection, an appeal to bank- ruptcy, under existing circumstances, being wholly out of the question, and the credit'irs were therefore urged to support tins plan. In answer to questions, it was stated that the names of the ptirtners in the coilieri.s are Mr. John Carr, Mr. Charles Carr, Mr. W. Carr, Mr. Pnillipson, Mr. Dryden, Mr. Pemberion, Mr. Burnett, and Mr. Roger, and that Mr Swan has not been admitted into the firm. A sum of £2,5(0 will be required to complete the workings of the South Wales Collieries ; and the produce for the next year from the Northern collieries will, it is asserted, reach £45,000. A point was raised with respect to the acceptances of parties wiio had been connected with Messrs. Carr Brothers, and it was replied, that if not solvent, they will have to pay the penalty of their indiscretion. A long discussion ensued, reltitive to the responsibility of creditors in agreeing to a liquidation by inspection, if the pro- perty became deteriorated, or the results estimated were not realized; but it was asserted that, under the deed of inspection, the necessary precautions will be adopted to avoid any such contingency. As to general claims it was argued that one common course of action is desirable, the in>pectors representing the entire body of creditors, a preponderance of whom were present on this occasion. It was then resolved that Mr, Bigg, of tho Northumberland and Durham District Bank; Mr, Anderson, the manager of the brancli of the Bank of England, at APPENDIX. f.WU Newcastle; and Mr. S. G. Smitli, of the firm of Smith, Payne, and Smitli, be appointed inspectors, with power to investigate and ascertain tlie position of the several parties who are liable upon bills, and to inform the holders of the same of the views they entertain of any propositions that niay be made for a settlement, the holders to have seven days' option of assenting to such arrangements. THE ESTATE OF MESSES. TIIO]MAS ASHMOEE AXD SONS. A meeting of the creditors of Messrs. Thomas Ashmore and Sons, engaged in the drysaltery trade, who were compelled to suspend, was IjeM on the 25th August, 1857, "when "the following statement was presented by Mr. H. Chatteris, the ac- countant : — Thomas Ashmore and Sons' Statement of Affairs, August V, 1857. DEBTOR. To creditors unsecured £7,835 7 7 To creditors holding security £26,719 G 10 To value of securities in their hands 32,550 18 6 Surplus carried to (?o«frrz £5,831 11 8 To liability on dislionom-ed bills £15,858 18 1 To less dividends from other estates 12,869 2 2 . 2,989 15 11 To liabilitv on bills wliich it is supposed will be duly'honoured £12,628 14 8 £10,825 3 6 CREDITOR. By merchandise on hand £235 7 11 By surplus property in the hands of creditors in excess of claims 5,831 11 8 By debtors 1,026 15 8 By cash 5 10 10 By office furniture 90 £7,189 6 1 Less to be paid in full 66 2 9 £7,123 3 4 It was explained (hat the accounts show a nominal dividend of about 13.?. Ad., but that the amount wliich may be expected is lO.v. in the pound. This difference will arise from losses on consignments, consisting of acids and argols, to America, where the operation of a new tariff has unfavourably influenced the value of these articles. Tiie books of the firm, it is stated, have been well kept, and everything connected with their affairs has been conducted in an honest and straightforward manner. The house previously failed in 1846, when a composition of 12s. in the pound was accepted, and subsequently business was resumed M'ith every ap- pearance of success. In 1851, tlieir accounts showed a surplus of £5,000, but it gradually decreased through bad debts and other unfavourable contingencies. At the commencement of the present year, the annual statement prepared by the partners exhibited a small balance in their favour, but it could not be considered accurate, as they had not allowed for bills upon wliich there were claims against them in association with other houses whose estates were winding-up. The ere- CXviii APPENDIX. ditors present having received these explanations as fully accounting for the position of the firm, a resolution was immeiiiHtely passed in favour of an assiga- m.-nt, the trustees appointed being Mr. Crcckat and Mr. H. Chatteris. THE ESTATE OV MESSES. MELEQSE AND HUSSET. A meetlnp; of the creditors of Messrs. Melrose and ITussey, ironfouiirier?, whose failure was announced on the 6th, was held on tlie 26th August, 1857, when the following statement was submitted by Messrs. Thomas and Cates, the accountants: — Statement of Affaiks of Messes. Meleose and HrssEY, Phcexis Woeks, TlYID-iLE, >"EAR DrDLEY. DEBTOE. To creditors unsecured £11.904 3 2 To creditors partially secured £41 ,612 19 10 Less value of security 22,808 5 10 18,804 14 To liabilities on bills receivable, considered good £7,361 14 8 £30,708 17 2 ceeditoe. By debtors, considered good £2,593 10 6 Doubtful £408 2 4 By stock, plant, etc., realized under execution, say 12,006 £2,593 10 6 It appearing that the stock and plant have been seized by one of the principal creditors under execution, no compromise could be entertained, and it was resolved to wind-up the estate in the Court of Bankruptcy, which was eventually done. THE ESTATE OF MESSRS. BEUEOED, DYEE, AND CO., BEISTOL. A meeting of the creditors of this firm was held on the 31st of August, 1857, at the banking-house of Messrs. Baillie, Baillie, and Co., Bristol, Mr. A. B. Savile. of the firm of Miles and Co., bankers, in the chair. Mr. Thomas, of the fii'm of Bar- nard, Thomas, and Co., accountants, reported the result of his invesiigation, which showed as follows: — Total Liabilities. DEBTOE. Secured and tt j Unsecured. Unsecured. On acceptances and promissory notes £118,390 9 £118,390 9 Open account 19,637 17 4 19,637 17 4 Acceptances, receivable, considered doubtful andbad 14,119 15 14,119 15 Creditors holding security 18,425 Bills under discount 87,299 11 7 20,000 £257,872 12 11 £172,148 1 4 APPENDIX. CXIX CEJiDIXOE. Total Assets. Available Assets. Available assets £89,815 £80,815 Property held in mortgage 18,425 £108,270 £89,845 Bad debts and losses ascertained £57,717 6 5 Estimated loss on bills 20,000 £77,717 6 5 Mr. J. G. Shaw thereupon moved, nnd Mr. T. P. Jose, muster of the Society of Merchant Venturers, secoufled the resolution, requiring the members ol' the firm forthwitli to execute a deed of conve^'ance and assignineut of all their respective joint and several real and personal estate and effects to Messrs. H. H. Hareford (of Miles and Co.), G. 0. Edwards (of B.ullie and Co.), Joliu Bates (of tlie West of Enjrland and South Wales District Banking Company), W. G. Coles (of Stuckey's Banking Company), John George Shaw, Tlionias Cliope, and John Wood, merchimts, Messrs. Henry Biittan and Son, and Savery, Clark, and Fnsseli, were appointed solicitors, and Messrs. Barnard, Tliomas, and Co., accountants to the estate. The resolution was signed by or for nearly fifty creditors, who are interested to the extent of upwards of i'220,0G0. It is expected that with the amount to be contributed by Mr. Beeston, one of the members of the firm, the dividend will be at least 13s. Ad. in the pound. THE ESTATE OP MESSES. EOSS, MITCHELL, AND CO. A meeting of the creditors of Messrs. Ross, Mitchell, and Co., in the Canadian trade, who failed on the 13tli of October, 1857, took place on the 23rd, at the Guild- hall CofFce-house, Mr. D. Price in the chair, when the following statement, showing the surplus of £57,000, was presented by Mr. Henry Chatteris, the accountant: — Statement of the Affaies of Eoss, Mitchell, a?jd Co., in London, on October 13, 1857 ; and in Toronto, as on January 31, 1857. To creditors in Great Britain, unsecured £101,267 7 3 To creditors in Great Britain, for advances on acceptances 99,617 5 To creditors in Great Britain holding acceptances in favour of Toronto house 25,703 6 To creditors in Great Britain holding secui'ity ... £6,522 17 9 Less estimated value of securities 9,250 Surplus earned to contra £2,727 2 3 To creditors in Great Britain partially secured . . . £3,973 17 Less estimated value of securities 2,400 1,573 17 Total creditors in Great Britain £228,161 5 2 To creditors in Canada on open accounts £41,871 3 9 To creditors in Canada on bills payable 23,888 11 6 To creditors in Canada for ad- vances £60,168 6 9 Less securities held 13,608 46,560 6 9 Total creditors in Canada 112,270 5 Total creditors, carried forward £340,431 10 2 CXX APPENDIX. Brought forward £340,43110 2 To liability upon acceptances which are expected to be ]i roved upon this estate £41,790 12 10 To liabihty upon acceptances which should, and it is be- lieved will, be met by the drawers £22,837 10 11 To liability upon bills receivable under discount 106,778 15 4 Out of which it is expected tliere will be claimed of this estate 14,394 5 9 Less cash in the hands of bill- holders 333 11 6 ■ 14,060 14 3 Total proveable liabihties 55,851 7 1 Total claims on the estate 396,282 17 3 Surplus 57,290 12 11 £453,573 10 2 Note. — In addition to the above siu'plus, Ross, Mitchell, and Co. will have a claim upon the estates of the various parties for whom they have incurred the hability of £55,851 7«. \d. From these estates they expect to realize a consider- able sura. Thev also estimate their net profits in Toronto since Febniarv last at £1.5,000. CTJEPITOR. By freehold property in Renfrew and Cast let on, cost £12,300 Mortgaged for unpaid balance of purchase- money 4,000 By ditto premises in Toronto, estimated at £6,480 'Mortgagedfor 4,000 8,300 2,480 By surplus securities in the hands of creditors 2,727 2 3 By 105 bonds of £100 each of the Ontario and Simcoe Railway, ■ estimated to be of the value of 7,875 By Canadian debtors who remit direct to the London house 25,622 13 7 By debt due from J. Ross and Co., Melbourne 38,673 10 10 By stock of goods not yet shipped 6,340 13 4 By bills receivable on hand 12,804 11 10 By cash in hand 120 By office furniture 117 18 2 By debts due to Toronto house considered good 118,596 13 8 By ditto doubtful £52,084 9 6 Estimated to realize 34,622 7 1 By stock of merchandise 27,859 13 8 By goods shipped to Toronto since February 1, in excess of re- mittances ".. 29,133 6 By bills receivable, good 52,370 6 9 By ditto, doubtful £28,683 17 5 Estimated to realize 17,603 3 5 By cash in hand 4,3iJ6 16 By debts not at present available, but for which secm'ities are "held 56,729 13 7 By Ross, Mitchell, and Co.'s interest in grocery store at Toronto 7,200 £453,573 10 2 APPENDIX. CXXl It appeared from tlie report of Mr. Cliattevis that the cause of stoppaore was the sudden discontinuance of accommodation between the firms of Ross, Slitchell, and Co., and other parties who have hitely failed. Tlie house took stock annually, and at their last balance in February of tiie present year, the joint capital was £134,063. About three years ago one of their buyers came to this country and purchased goods to the extent of £100,000 beyond the amount he was instructed, and more than their demands required. This circumstance is alleged to be the first cause of their difficulty, and of their obtaining advances upon bills to meet their payments. The balance-sheet shows that the house have raised nearly £100,000 by the discount of their acceptances through the agency of parties who have since suspended. Exclusive of this amount there is a further sum of £23,000 accommodation bills, for which Ross, Mitchell, and Co. have received no value whatever. Mr. Chatteris pro- ceeds to say: — " The claims against the estate being £396,000, I have directed my attention to the nature of the assets which are available for meeting this large sum. The assets amount in round numbers to £450,000, and they may be classified as follows: — Stock, debts, and convertible securities, which Messrs. Ross, Mitchell, and Co. consider may be realized witliin eighteen months from the present time £329,470 Debt due from J. Ross and Co., Melbourne, which they consider may be realized within three years 38,673 Debts for which security is hekl, and which may be converted during the next tliree years 56,729 £424,872 WTiich would be more than sufficient to meet every demand, and would leave other secm-ities amounting to £28,700 Available for any contingencies, besides the dividends Ross, Mitchell, and Co. will be entitled to receive upon the mcUrect liabilities they wUlbe called upon to pay. "Assisted by a report of Mr. Fisken (the partner in Toronto) as to the character of every one of the Canadian debts, I have dissected and divided the assets as you see them in the balance-sheet, and have v/ritten off a very large sum from the amounts at which they were taken down in the balance. It appears to me, there- fore, that you may very safely assume that the assets generally will realize the sums at which tliey are set down, always supposing that no hurried or forced realization be insisted upon, for in that case it is probable that a very large loss would arise." In answer to questions, it was stated that some time since, when Mr. Ross pro- posed to retire, the surplus was about £130,000, but that circumstances which have lately occurred have reduced the total to the pi-esent amount. The books have been well kept, and show in every respect the transactions of the firm. One or two of the creditors complained of the accommodation bills, which were regarded as an unsatisfactory feature. Mr. Reed, of the firm of Reed, Langford, and Marsden, explained the proposal which Ross, Mitchell, and Co. were desirous of making to satisfy their creditors. It was their intention to pay 20s. in the pound, with per cent, interest, by instalments of 5s. at six, twelve, eighteen, and twenty-four months, from the 1st of January, 1858, allowing at the same time the appointment of a committee to inspect their books as they progressed with the liquidation. He stated that the date is placed in January, 1858. because it will take some time to obtain the consent of the creditors, and to prepare the promissory notes, while the firm will depend upon the proceeds of the winter trade to pay the dividend at one period, and those of the fall trade to pay the dividend at the other. In this way they hope to preserve punctuality on the 4th of July and the 4th of January, until the whole amount is discharged. A conversation followed, during whicli it was suggested that it would be better to place tlie estate under inspection at once, but it was asserted that this would defeat the object of the firm, who propose to continue business and incur fresh liabilities, the larger creditors being favourable to this arrangement. The committee appointed to look into the bills will, it is said, have the power of preventing any renewal of accommodation engagements, which have produced this disastrous result, and the house will now have to concentrate business more within the sphere of their legitimate resources. After some discussion, during which the representatives of CXXU APPENDIX. eevcral Scotch houses accorded their assent previously to the meeting which is to take place at GluSgow on Monday, the annexed resolutions wire agreed to : — "At a meeting ot tlie creditors of Messrs. Koss, Mitchell, and Co., of Gresham Street, London, and of Toronto, Canada West, merchants, holden at the Guildhall Coffee-house, King Street, L nidon, on Friday, the 23rd October, 1857, Mr. David Price in the chair, Mr. Cliatteris, accountant, liaving read a statement of Messrs. Ross, Mitchell, and Co.'s affairs, and given various explanations respecting them, and ^Ir. Keed, solicitor, having informed th'j njecting tliat Messrs. Ross, Mitchell, and Co. proposed to pay their creditors the full amount of their debts, with interest at six per cent, per annum, by instalments of 5s. in the pound, at six, twelve, eighteen, and twenty-four months, from the l.st January, 185S, and to deliver the promissory notes for sucli instalments to the creditors on or before that day, and also that for the satisfaction of their creditors Messrs. Boss, Mitchell, and Co., proposed to submit tlieir books and affairs from time to time until the instalments are paid, to the inspection of a committee to be appointed by this meeting : " It was Resolved — That Messrs. Ro?s, Mitchell, and Co.'s proposal be accepted, and that Mr. David Price (Price, Coker, and Co.) John Dillon (Morrison, Dillon, and Co.), and John Porter Foster (Foster, Porter, and Co.), all of London, and Messrs. W. Wingate (Wingate and Son and Co.), and James Arthur (Arthur and Fraser), of Glasgow, be appointed a committee for the purposjs mentioned in such proposal; but the agreement of creditors to tliis resolution is to be without pre- judice to their claims against third parties, or to any securities they may hold, and to b3 subject to the consent of such third parties (when necessary) being obtained." An adjourned meeting of the creditors of Mjssrs. Ross, Mitchell, and Co. was held at the Guildhall Coffee-house, on the 29th June, 1858. A strong feeling was generally expressed against the mode in which the house have conducted their affairs, especially since this was the second occasion on which they have been compelled to seek the indulgence of their creditors. In addition, also, to the doubtful nature of the assets, which it was proposed should be trans- ferred for the benefit of British claimants, the opinions expressed with regard to the state of the Canadian law were of iinpoitance, as conveying to the traders in those provinces the sentiments of the manufacturing interest concerning the system of preferences so extensively followed out. The chairman was Mr. Price, of the firm of Messrs. Price, Coker, and Co.; and among those who took a very prominent part in the proceedings were Mr. Dillon, Mr. Morley, Mr. Foster, Mr. Greatorex, and the repre- sentatives of the Western Bank of Scotland and the City of Glasgow Bank. Several legal gentlemen were in attendance to advise with the creditors on the best course to be pursued, the principal being Mf. Reed, of Messi-s. Reed, Lnngford, and Mars- den, and Mr. Murray, of Messrs. Murray, Son, and Hatchings. In accordance with the arrangements previously made, the committee appointed to superintend the original liquidation prepared a report, which was now brought forward by Mr. H. Chatteris, the accountant. That document was as follows: — " London, June 29, 1858. " Gentlemen, — The committee nominated by the creditors to inspect the books and affairs of Ross, Mitchell, and Co., until they paid their creditors 20s. in the pound and interest, have called you together to make known to you that this firm inlbrms tliem that it is no longer in a position to p.iy 20y. in the pound. Tlie communication was made to them in a letter, dated Toronto, June 5, 1858, and the purport is an offer of lis. 6rf. in the pound, at one, two, three, and four years. The accounts upon which the offer of lis. 6i. in the pound is based, are as follows: — Statement of Affairs in London, June 22, and in Toiionto, as on May 15, 1858. DEBTOR. To creditors in Great Britain, viz. : — On promissory notes £320,846 13 8 On open accounts 12,113 5 2 Carried forwrajd £332,959 18 10 APFKNUli. CXXlll Brought forward £332,959 18 10 Less amount to be provided I'or by other parties 79,G31 £253,328 18 10 To creditors in Canada unsecured 12,889 9 6 Ditto secured £143,233 15 2 Value of securities held 199,462 17 4 Surplus to cow^ra £56,229 2 2 To Alexander Mitchell, of Manchester 10,281 17 Claims to have an assignment of Murray and Co.'s debt to the extent of 10,000 281 17 £266,500 5 4 CEKDITOE. By freehold property iii Eenfrew and Castleton, cost £12,300 Mortgaged for 4,000 Estunated of no value ' £8,300 By premises in Toronto — estimated value £6,480 Less mortgage thereon 4,000 £2,480 By John Ross and Co., Melbourne £36,429 12 5 Estimated to produce 6.000 By Whan, M'Lean, and Co 2,607 18 9 By A. Mm-ray and Co 17,392 Less claimed by A. MitcheU 10,000 7,392 Bycashmhand I.SIO By biUs receivable 5,638 18 11 By ditto L. Atterbury and Co £12,060 0' Estimated at Is. 3(Z. per pound 753 15 ASSETS IN CANADA. By debts, mortgages, and bills receivable, the reahzation of which is undoubted £90,149 16 Ditto, which -will be paid with time. 156,131 3 6 Ditto, which may be good alter a long and doubtful period 52,168 15 9 £298,449 15 3 Less in hands of secured creditors 199,462 17 4 98,986 17 11 Less stock in trade 29,361 16 10 Less cash in hand 232 11 10 Less surplus securities in hands of creditors 56,229 2 2 Or 15s. lOc^. in the pound 210,893 1 5 Less deficiency , 55,607 3 11 £266,500 5 4 " It will be perceived by this statement that tlie assets are sufficient to pay 15s. lOi. in the pound, even assuming: that the claim set up by Mr. Alexander Mitchell is a just one. If the asset to which he lays claim should be found avaihible for distribution amongst the general body of creditors, it would make tlie ns,sets sufficient to yield 16?. in the pound. '1 lie committee think it right to leave Messrs. Eoss, Mitchell, and Co. to explaiu to their creditors the principle upon which they CXXIV APPENDIX. make the offer of lis. Gd. in the pound. The committee have endeavoured, since the date of their appointment, to prevent any creditors obtaining preference over the general body ; but so fur as the Canadian creditors are concerned, their efforts have been of no avail. The statement now prepared shows tliat, with a trifling exception, tlie whole of the Canadian creditors are secured ; and that, if no pre- ferences existed, tlie assets would be sufficient to pay all the creditors a dividend of 17s- 4af. in the pound. Apart from the question as to wliethcr this ineeting shall accept the offer now made to tl)em by Messrs. Ross, Mitchell, and Co., or any other offer of composition, the committee are of opinion that this meeting should express its disapproval of tlie state of the law which enables a trading tirm in Canada to divide its creditors into classes, and to prefer out of tlie common assets any creditors whom it may choose to favour. "Signed by order of the Committee, " Henry Chatteris, Accountant." The discussion, which was of a diffuse and irregular character, tended at first in the direction of the causes for the depreciation of the assets. The two principal items were the debt due from Messrs. John Ross and Co., of Melbourne, and the l.irge amount deducted for bad claims in Canada. The difference in the value of the freehold property in Renfrew and Castleton likewise excited comment, it having been before placed at a favourable price, while it is now stated to be unsaleable. These discrepancies, it was considered, required full explanation, apart from the objectionable nature of the proposal for composition, and the manner in wliich it was suggested it should be completed. "With respect to the preferences to the Canadian creditors, that was a question whicli it was thouglit could be dealt with at a later stage of the proceedings, when explanations from the confidential emploi/e of Messrs. Ross, Mitcliell, and Co. were obtained. In reply to questions, Mr. Chatteris stated that the offer of composition was lis. Gdj in the pound, leaving the firm to wind-up the estate by instalments of 2s. 6d. on the 1st February, 1859, and subsequent payments of 3s. at the same date in 1860, 1861, and 1862, the chief assets consisting of debts, mortgages, and bills. Not until after February in the present year were tlie committee aware that the creditors in Canada were preferred in any shape, and then only to a limited extent, tlie statement invariably being that ample assets existed to pay 20s. in tlie pound. The fact that claims to the extent of ^'200,000 had been so arranged did not transpire before the latest accounts were received. In the case of the consignments to Australia it appeared that a person had been sent out to look into the books, but he having died on his voyage home no accurate statement could be secured. There were some letters from him showing that the goods had been disposed of at depreciated prices, but it was supposed that he intended his explanations should be verbal. The details of the deficiency, placed at £112,000, including the surplus at first estimated of i;57,000, and the adverse balance of ±'55,000, presented by the latest figures, was accounted for in the following manner : — i'18,000 over-due interest on promissory notes ; expenses and drawings of the partners since suspension, i;3,280 ; Renfrew property, formerly placed at i'8,300, now valueless ; loss on the Melbourne account of Messrs. J. Ross and Co., .=£30,429 ; loss by L. Atterbury and Co., 4:11,307 ; bad debts written off, ^42,900, etc. Although the account exhibited 15s. lOd. in the poiunl, it was con- sidered essential to make deductions on some classes of the debts to the extent of 12|- and 25 per cent., wliicli, being equal to ±'36,228, left a balance which would pay a dividend of 13?. 1^^^/. ; but the partners, presuming that a further allowance should be made for contingencies, proposed the 11*. 6,/. as stated. It was intimated that there had been no reason to suspect tiiat the accounts were wrong, because, after the figures presented in October, a balance-sheet received in January not only con- firmed the original position, but increased the surplus to the extent of .11 ,500. Mr. Ross, it was stated, had gone out at tlie instance of the committee, with the view of preparing for the July payment ; and the reason for Mr. Fisken, the partner, not returning to this country, but sending tlie principal clerk instead, was alleged to be fear of arrest. Mr. Mitchell remains in this country, and his attendance could be secured, if it were considered desirable ; but it was believed that Mr. Snelling, the party deputed, and who was also a lawyer, could afibi'd more information, particularly respecting the Canadian establishment. The arrangement concluded with the English creditors was for payment in two years, by four instalments, and that with the Canadian creditors in three years ; the dates being April and October, whereas the others were July and January. Although instructions were sent out that the Canadian creditors were not to be paid unless the partners saw their way clear to APPENDIX. CXXV satisfy tlie Englisli dividend in July, tlie injunction received no attention, and tiie first instalment liad been discharged, "and," thus observed one of the creditor.", "we were let into a trap." After some conversation, it was agreed that Mr. Siielling should be introduced to tender an explaiKition of the serious difference in the appearance of the accounts, and state the ground on which tlie partners made the offer of U.S. 6d. in the pound, when, at the lowest computation, the assets showed 13s. Id. Mr. Suelliug, witliout any lengthened prelude, entered into an elaborate narrative of the position of the house. He asserted that the great discrepancy apparent arose from the London balance-sheet having been founded on a str.tement of the Toronto business in the early part of the year, unaccompanied by accurate knowledge of the prospective condition o( business, ■which could only be ascertained when the new season commenced. When the roads became opened, and sleighing began, tl)at was the period for the arrival of their customers, who then settled accounts, paid, or obtaiiied an extension of time. On the late occasion, and after the first accounts had been pi-eparcd, it was discovered that the amount of indebtedness was enormous, without corresponding means to meet it. The traders were, conse- quently, obliged to announce their inability to pay, to give mortgages of their pro- perty, and to seek increased time, while, in many cases, tiie debts wore altogether bad. These unfavourable circumstances had so altered the appearance of the assets, that, instead of the surplus anticipated, a deficiency was immediately manifested. The nature of the business of the provinces was such that it was impossible to arrive at accurate results until the season turned, when these accounts were adjnsted. The prospects being discouraging, and doubts being still yet entertained of the ultimate realization of some of tlie accounts, the firm considered that they would not be justified in proposing more than lis. 61. in the pound, contingencies having to be provided for. The alleged preferences to creditors in Canada, he appeared to think, had constituted a subject of unnecessary complaint, inasmuch as he contended that the course pursued had in a measure protected the property for the parties interested in this country. The banks, having received from time to time collateral securities from Messrs. Eoss, Mitchell and Co., could have taken proceedings against the customers, and thus effectually denuded the estate. The amount of ±199,000, which was the aggregate secured to the Bank of Montreal, the City Bank of Montreal, and the Bank of Toronto, comprised the principal, and these arrangements had been progressing from about the 25th of October. The firm in Canada possessed no knowledge then that the house in London had stopped, but tuey had reason to believe that embarrassments existed, because remittances were not going forward in a regular manner. The effect of the crisis in New York had been experienced, and as it was speedily developed in the Canadas, the banks who held past- due notes would have proceeded, had not these arrangements been agreed to. He had advised the London firm, every mail, of the progress of the deposits made with these insti- tutions ; but it apoeared that, although the resident partner received them, he neglected to inform the committee of their contents. Mr. Morley and some of the other creditors saiil that this was most disgraceful, and that it was evident, from these mortgages and other settlements, a great injustice had been committed against the English claimants. In defence of the conduct of the firm, Mr. Snelling gave a most graphic description of the excitement that ensued wlien the ravages of the panic became apparent. Great depression existed in January, but it was succeeded by an alarming sacrifice of property in February, March, and April. Horses, cattle, and land sold at a fearful depreciation, special descriptions not being able to find buyers; the local coui-ts were inundated with cases, and although those which were litigated were numerous, a great number were settled with only a preliminary recourse to law. It was in consequence of this state of things that the general assets liad become impoverished, and he regretted to learn that the proposal was not likely to be well received. From having ascertained the feeling of the creditors, he had since consulted with Mr. Mitchell, and he was authorized to submit amended terms — say, a total dividend of 12s. 6(/. in the pound ; the first payment to be 3*. 6d. in March, 1859, and tliree other payments of 3*. each in succeeding years, to make up the amount, the extension of a month being asked to allow for the benefit to be derived from the sleighing season to facilitate collections. Mr. Snelling having withdrawn, an animated debate followed; Mr. Morley, Mr. Dillon, and others, loudly censuring the conduct of the firm. Mr. Greatorex said that, although a considerable creditor, he was prepared to waive the question of dividend, if any recommendation could be made to stigmatize such a state of things. The conduct of Messrs. Ross, Mitchell, and Co. had been most discreditable, and their mode of transacting business in the Canadas was open to severe reprehension. Mr. Morley intimated CXXVl APPENDIX. that he was quite sure, from what he knew was passing in this particular branch of trade, that furrlier losses would be esptTienced, unless great cnutiou was exeicised in giving credit. He was averse to individuals of tliis description receiving any countenance, the more so tiirough tlie preferences given to the Canadian creditors. Mr. Reed and Mr. Murray both considered that the form of deed should be looked to wliicli gave the powers asked, and that if the question of composition were enter- tained a committee should be appointed to investigate the security, etc. Tne repre- sentative of the liquiiintors of the Western Bank of Scotland, who are creditors to the extent of ilOO.OOC, while repudiating any notion of justifying the proceedings of Messrs. ]{oss, Mitchell, and Co., impressed upon the meeting tlie desirableness of accepting 12*. 6/. in the pound : the accountant of the bank, who had visited New York, liad also gone to Toronto and investigated the books, and his outside estimate was 14v. ill the pound. Bankruptcy would scatter the estate, and leave only a limited distribution. Mr. Morley questioned whether any dividend could be secured, and Mr. Foster said he was not inclined to accept less than tlie statement showed, viz., 13«. The representative of tlie City of Glasgow Bank and the Glasgow creditors, whose debts reached i'70,000, supported the views urged by the liquidators of the Western Bank of Scotland. The question of the imperative necessity of an assignment was now mooted, and it was received with favour. Others advocated a composition of I3s. in the pound, in five half-yearly instalments, but the bulk of creditors, as represented by the Western Bank and the Bank of Glasgow, were inclined to adopt the proposal of 12.s 6d. Mr. Morley said little sympathy should be shown to the Western Bank of Scotland ; the directors hail encouraged over-truding to an alarming extent, and, mixed up with Messrs. Ross, Mitchell, and Co., were the notorious names of Macdonald and Co., Monteith and Co., and others, whose accommodation transactions had created great mischief in trade. Mr. Gieatorex was against any plan which would suffer the firm to re-enter business. The present case was only a repetition of what formerly occurred in 1847 ; they then failed for a large amount, and promised a full dividend, which was not forthcoming; and now, after pretending to su.-pend with a surplus, a large deficiency was the actual result. The course they pur.-ued in Canada was ruin to the trade of the country, and the sooner ihey were cleared from the field the better it would be for more scrupulous and disinterested merchants. The very fact of securing the hanks was to get them- selves into credit again. The Chairman advised circum.ection was appointed on the suggestion of Mr. Jameson, with power to employ an accountant to examine the books of the firm and ascertain the correctness of the statement as to their liabilities and assets. Slioiild they report favourably, the creditors expressed themselves ready to accede to the proposed arrangement. THE ESTATE OE MESSES. WILSON, MOKGAN, AND CO. A meeting of the creditors of Messrs. "Wilson, Uorgnn, and Co., wholesale stationers, of Clieapsidc, who suspended on the 12th of November, was held on the 22iid of November, 1857, when the following statement of their affairs was pre- sented by Mr. H. Chatteris, the accountant : — Statement of Affaius, Novembbr, 12, 1857. DEBTOK. To creditora unsecured £19,325 5 6 Ditto under £10 195 6 10 1:19,520 12 4 To Mr. Samuel Smith 4,520 12 5 Less estimated value of security held by bun 2,075 2,445 12 5 To creditors partially seciu'ed 1,041 10 5 Less estimated value of secvirities 656 3 10 385 6 7 To habilities on acceptances which should be provided for by the drawers 1,452 8 9 Of which it is expected there will be proved on this estate 35113 9 To liabihties on bills receivable under discount 20,984 1 3 Supposed to be good 17,062 4 4 Expected to be dishonoured 3,921 16 11 Less cash in the hands of bill-holders 995 14 6 2,926 2 5 £25,629 7 6 CREDITOn. By stoc'k and utensils in trade, at cost £5,005 7 6 By debtors — good 4,411 8 3 „ doubtful £229 14 4 Taken at IO5. in the pound 114 17 2 Bad 2,045 13 4 By debt due i'rom Thomas Wilson — bad 6,777 9 £8,822 14 1 By cash in hand (17 ] Estimated Aaluc of a printing plant assigned to us for a bad debt 300 £9,898 13 11 Less rent, taxes, salai-ies, etc., to l)e i)aid in full 400 (About 7*. 4 Jd. in the pound) £9,498 13 ]1 Deficiency 16,130 13 7 £25,629 7 6 APPENDIX. CXXXV The debts and liabilities amount to i-25,629, and the assets to iy,499, showing a deficiency of i;16,l30. The affairs of the house appear to have been for some time in a doubtful state, owing to the involvement of the two original partners, Mr. William and Mr. Thomas Wilson. The first retired three or four years ago, in con- sequence of some liability incurred through an insurance company, and the second left tlie firm at a later period, having encountered responsibility in connection with the Royal British Bank. The firm were believed to be solvent in 1854, including a debt due from Australia, for consignments, which has since proved to be bad. When Thomas Wilson retired Morgan assumed that aniount witli the other assets, and it was agreed to allow Mr. Wilson an annuity, with permission, if he chose, at any time within a certain date, to re-enter as a partner. Mr. H. N. Smith having temporarily joined Mr. Morgan, his father advanced money for the business, and was now secured to the extent of ±'2,075. The proposal was to pay a composition of 7*. in the pound by instalments extending over a period of twelve months, but some of the creditors, including Mr. M'Murray and others, insisted that as the business was valuable a better arrangement should be attempted. Ten shillings, or a settlement under the arrangement clauses of the Bankruptcy Consolidation Act, was the point discussed at some length, and after a consultation among the parties, a kind of compromise in the following shape was agreed to : — "It was proposed and resolved by tlje creditors present to accept a com- position of 85. 6d. in the pound, by three equal instalments at three, six, and nine months, from December 1, the last instalment to be secured to the satisfaction of Messrs. M,Murray, Templeton, and Pollock." The estate was subsequently wound-up in bankruptcy. THE ESTATE OF MESSRS. BiVEDGETT AND PICAED. A meeting of the creditors of Messrs. Bardgett and Picard, who failed on the 16tli November, 1857, in the corn trade, was held on the 9th December, when the following statement of affairs was presented by Mr. Turquand, of the firm of Tur- quand, Youngs, and Co., the accountants : — Statement of Affaies, Noa'. 14, 1857. BEBTOU. To creditors unsecui-ed £33,596 8 To creditors partially seciu'ed £38,890 12 9 To estimated value of seciu-ities 33,687 14 8 To creditors fully secured 17,556 3 To estimated value of secxu-ities 18,981 10 8 5,202 18 1 £1,425 10 5 To liabilities on bills of exchange 112,652 16 Considered good £65,023 3 8 bad 47,629 12 4 47,629 12 4 Deduct cash per contra in the hands of bill-holders... 1,285 14 5 46,343 17 11 £85,142 16 8 CREDITOK. By cash in hands of bankers and bill-holders... Deducted from liabihtios 2)er contra — By debtors, good By ditto, doubtful and bad... £7,481 12 6 Estimated to realize Carried forward — £4, 558 6 5 £1,285 14 5 3,623 3 2 935 3 3 CXXXVl APPENDIX. Brought forward £4,558 6 5 Bv debtors in America £38,6'16 1 'Estimated to realize 10,000 Bjproperty l,9:il G £16,482 12 5 Deduct claims payable in full 376 £16.106 12 Bv doubtfid assets — Property £6,824 Surplus secui'ities ^er contra 1,425 10 5 £8,219 10 5 It was stated that the assets show about 5s. in the pound, but that there is not the prospect of the whole amount being realized, in consequence of tlie large pro- portion of debts due from America. Tlio operations of the firm have been on an extensive scale, and the dilliculties are attributed to losses, bad debts, and tlie de- preciation in tlie value of grain. In 1856 the .accounts exhibited a surplus of £24,314, but an accurate estimate of the debts had not tlien been made. The house not being in a position to make any distinct offer, the partners are prepared to adopt any course which may be suggested for the arrangement of their affairs. After some discussion an adjournment of a week was agreed to, three creditors being meanwhile appointed to look into the books, with the view of recommending the measures that should be resorted to. At an adjourned meeting it was determined to appoint a committee to consider the propriety of accepting 2s. Qd. in the pound. The estate was subsequently wound-up in bankruptcy. THE ESTATE OF MESSES. BROCKLESBY A^^D WESSELS. A meeting of the creditors of Messrs. Brocklesby and Wessels, who failed on the 18th November, 1857, in the grain trade, was held on the 3rd December, when the subjoined statement of their afl'uirs was presented by Mr. G. H. Jay, the accountant: — Beocklesby and Wessels' Statement of Affatks, November 18, 1857. DEBTOR. To sundi-y creditors unsecured £31,793 4 2 To rent, taxes, etc 392 18 6 £32,186 2 8 To sundry creditors fully secured — Amount of claims £18,354 13 11 Amount of security 27,357 16 6 Balance — surplus to contra £9,003 2 7 To sundry creditors, partially secured — Amount of claims 50,570 4 11 Securityheld 42,269 11 4 • 8,300 13 7 To liabilities on acceptances for sundry cargoes, of which we are relieved by the consignees suspending the dehvery 2,804 17 7 To liabihtie-s on bills receivable per list — Considered good 21,101 8 5 To Uabiliiies on guarantee of Levy and Ai'udt's drafts, not expected to become claims 4,319 5 £40,486 16 3 APPENDIX. CX XXVll CREDITOH. By cash at bankers' £1,695 11 11 Retained by them against bills per contra — In ihe house ...., 19 13 11 At the National Bank 92 18 2 £112 12 1 By bills receivable in hand, as per statement, considered good 5,609 15 By snnch-y debtors, as per statement — Considered good £6,795 18 DoubtM £190 say IVO Bad 2,538 3 1 6,965 18 By stock in hand 1,200 By sm'plus secm'itv held by creditors, as 'per contra \ \ 9,003 2 7 By coimtmg-house furniture 40 By debts due to consigners, not collected 956 8 3 £22,931 7 8 It was explained that the estate showed a dividend of aboul lis. 3cZ in tlie pound, the nssets consisting of erain taken at a fuir valuation, and wliich cnn be steadily realized. The whole of the trnnsactions of the firm have, it is stated, been characterized by regularity, and tlie bankers being satisfied witii the conduct of Messrs. Brocklesby and Wessels, have agi'eed to abide by the general decision of the creditors. Mr. M'Leud, the professional representative of the firm, intimated thiit if a liqnidation under inspectorship were adopted, a first dividend of 5.?. could be speedily declared, and a second of 2?. Qd. within two months, leaving the further distribution in the hands of the gentlemen appointed to act under the arrangement. General testimony having been borne to the satisfactory mode of transacting business by tlie house, a resolution was passed authorizing a liquidation by inspection. THE ESTATE OF MESSES. J. AND A. DENNISTOUN AND CO. A meeting of creditors of Messrs. J. and A. Dennistoun and Co., of Glasgow, with branch houses at London, Liverpool, New York, and New Orleans, whose suspension was announced on the 7th, was held on the 26th November, 1857, when the following statement of affaii-s was submitted by Mr. Coleman, the accountant : — Balance Statement of Affairs to November 7, 1857. DEBTOR. To creditors on open accoimts £91,947 10 8 Ditto, holchng seciu-ity 217,276 1 9 Ditto, on bdls ])ayable (this amount includes our acceptances (£296,687 17.?. 5f?.) given for the account of Dennistoim Brothers and Co., of Austraha) 1,833,478 3 1 Liabihties £2,142,701 15 6 To amount of capital standing to the credit of the several partners £560,897 2 9 Ditto, Liverpool Borough Bank, shares cost 208,873 2 11 709,770 5 8 Balance of profit and loss account, etc. 23,520 7 5 £2,935,992 8 7 £9,038 10 2,500 26,360 111,786 9 CXXXVIU APPENDIX. CKEDITOR. By cash in hand By counting-house furniture, etc By produce on hand By bills receivable on hand By debtors in Great Britain, etc £213,010 7 11 Ditto and property in America 1,58-1,215 14 9 1,797,226 2 8 By securities with creditors 187,080 12 10 By amount to debit of Dennistoun Brothers and Co., Austraha 354,345 14 6 Inclusive of acceptances amounting to £296,687 17*. 5c?. 2,488,337 9 By further separate estates of the partners available 190,379 16 8 By debts due to separate partners in America 4-8,392 By Liverpool Borough Bank shares, contra 208,873 2 11 £2,935,982 8 7 Claims and Assets after Deditctixg Contea Enteies. DEBTOR. To creditors on open accounts £91,947 10 8 Ditto on biUs payable £1,833,478 3 1 Less balances to the debit of parties for whose accoimt the bills are accepted, the principal part of wliich are con- sidered good 1,214,414 5 3 To creditors partially secui'ed 177,142 14 11 To secm-ity held 142,531 15 Creditors fully secured — Secm-ity held 44,548 17 10 Clauus 40,133 6 10 619,063 17 10 34,610 19 11 4,il5 11 Liabilities on bills discounted, £51 1,769 10*. 4c?., of which it is estimated there may rank on this estate 50,000 £795,622 8 5 To liabihties in respect of letters of cretlit. Ditto of partners on Liverpool Borough Bank shares or any other company. CREDITOR. By cash in hand, etc. (subject to the due payment of bills dis- counted by Commercial Bank of Scotland) £9,038 10 9 By couniiiig-houses, furniture, etc 2,500 By produce on hand 26,360 By bills receivable on liand 111,786 9 3 By debtors and property 582,814 17 5 By surplus from seciu'ities, coH^;*fls 4,115 11 By amount to debit of Dennistoun Brothers and Co., Austraha (mclusivc of acce})tanccs amounting to £296,687 Vis. tid.) 354,345 13 6 By further separate estates of the partners availalile 190,379 16 8 By debts due to the separate partners in America 48:399 £1,330,039 18 7 By Liverpool Boi'ough Bank shares, held by tlie several j)artners £208,873 12 11 Mr. Coleman explained that in the above account only one item is estimated arbitrarily — viz., the profit and loss ; and that the value set on the produce is APPENDIX. CXXXIX calculated from tlie price between the 7tli and 14tli oF November. The debts and property in Ainerira may be thus classllied : — 1695,000 is represented mostly by goods and bills receivable of customers ; .i'325,200 consists of other bills receivable ; £140,000 puarantt^^cd securities ; .4'151,000 open accounts, and the remainder is composed of railway bonds, mortgages, and various securities of that character, but of tlie best description. The house of Dennistoun and Co., of Australia, being a distinct firm, tlie creditors in connection with that business will be in a somewhat better position than the ordinary creditors, as the returns from Australia will accrue more quickly than the proceeds to be expected from the realization of the American assets. Messrs. Dennistoun, as large shareholders in the Liverpool Borough Bank, are necessarily subject to a heavy liability on account of the failure of that institu- tion ; but it is believed, not only that the £5 call already made will be sufficient to clear off all claims, but tli:it there is every probability this sum will be returned. All the i;ransactions of the firm have been on a sound and legitimate basis, and no discreditable act can in any way be imputed to them. Mr. ftlurray, their London solicitor, then made the following proposition on the part of Messrs. Dennistoun, namely, that the creditors of the liouses in Great Britain and the United States be paid in six instalments, namely, 3s. in the pound on or before the 30th of January, 185S ; 2'?. on the 31st of July ; 3.?. on the 31st of December ; 4s. on the 30th of June, 1859 ; 4.?. on the 31st of December; and 4?. on the SOih of June, 1860 ; with 5 per cent, interest on eacii instalment ; and that the creditors through the Australian house should receive 6s. 8d. in the pound on the 30tli of January, 1858 ; 3s. 4d. on the 30th of June ; 5.?. on the 31st of January, 1859 ; and 5s. on the 31st of July, also with interest at the rate of 5 per cent. In answer to a question, Mr. Murray stated that when the first payment is made, promissory notes for the remaining instalments will be given and the present acceptances cancelled. lie hoped the proposal would be accepted, as such a course would prove of the greatest assistance, both morally and legally, in the realization of the assets and the enforce- ment of the claims in America. It was further stated that the accounts from the United States were encouraging, and that a possibility exists of the instalments being paid before the dates fixed, although, on considering the whole circumstances of the case, Messrs. Dennistoun could not feel certain ot being able to carry out better terms. After a short discussion, a resolution accepting the proposition was passed unanimously. The estate has paid 20*. in the pound with interest, having anticipated some of the instalments. THE ESTATE OF MESSRS. BEXNOCH, TWENTYMAN, AND RIGG. A numerous meeting of creditors of IMessrs. Bennoch, Twentyman, and Eigg, extensively engaged as manufacturers in London and Manchester, was held on tlie 27th November, 1857, Mr. Foster presiding, when the subjoined statement, prepared by Mr. Parrinton, of tiie firm of Messrs. Parrinton, Ladbury, and Co., was submitted. Mr. Reed represented the firm ; Mr. J. Linklater, Mr. Bower, Mr. Crowther, and Mr. Abrahams, various creditors. DEBTOR. To creditors as per list £167,552 5 10 Less secui-ities held by them 6,722 5 3 • £160,830 7 (111 the above claims, £50,950 11*. 9d. is included, depr*eciation in the value of silk ill the hands of the brokers.) Bills accepted by consignei*3 £99,663 IS 9 Less bills fidly or pai'tly secui'ed by goods onhaud 62,680 13 6 36,983 5 3 To liabilities on bills receivable, discoimted, considered good 127,511 14 10 Carried forward £197,813 5 10 CXl APPENDIX. Brought forward £197,813 5 10 Ditto, ditto, cousidered bad £23,547 6 11 Less security, held on account thereof 550 22,997 6 11 To Habilities on guarantees, in respect of which it is considered there wiU be a claim of 3,000 To creditors of Messrs. Lovatt and Gould, whose debts Messrs. Bennoch, Twentyman, and Eigg have undertaken to pay 33,884 3 2 £257,694 15 11 By stock in trade in London and Manchester, cost £65,768 5 8 Estimated at £39,195 18 4 By book debts, good 41,347 5 2 Less debts on consigners' account 10, 191 1 31,156 5 1 By book debts, doubtful and bad 16,267 18 1 Estimated at 5,057 15 4 By bills receivable on hand 7,248 7 By less portion due to consigners 435 13 9 ~ 6,812 13 3 By cash in hand and at banker's 874 13 4 By cash at banker's 2,028 16 4 Deducted from their claim of 5,000 By fixtures at Manchester 154 By furniture, etc., at Wood Street 300 By shipments to Melboui'ne, Sydney, New York, etc., amounting to 41,021 5 11 Subject to advances and claims thereon ... 20,163 10 1 £20,857 15 10 Estimated at 12,794 By value of shares 100 By securities deposited with creditors, and de- ducted per contra £6,722 5 3 By leases and fixtures of premises, 77 and 78, Wood Street, and land in Silver Street 1,400 By stock, book debts, utensils in trade, furniture, etc., of Messrs. Lovatt and Govdd, of Leek 4,382 11 By equity of redemption in freehold land and mill of Messrs. Lovatt and Goidd, subject to mortgage of £10,000. £102,228 5 2 Less rent, salaries, etc 781 11 8 £101,446 13 6 Deficiency £156,248 2 5 It was explained tliat the accounts sliowed a deficiency of £1.56, 24S, the differ- ence between £257,694 debts and liabilities, and £101,446 assets. The dividend, therefore, taking the balance-sheet as it stands, would be from 7s. lOrf. to 7*. \\d. in the pound; but as a portion of the assels consists of silk, they are still liable to some fluctuation. Tlie firm in 1848 commenced witli a capital of £9,410, which subsequently increased until it was taken in December, 1856, at £38.247. This, togetlier with tlie profits in trade, by .silk, commissions, and the amount of deficiency, constituted a total of whicii the firm had to discharge themselves. It could, how- ever, be readily done; for although some of the items presented unfavourable results, they accounted fur the several amounts. The loss on the depreciation of silk, now held by themselves and the brokers, was £50,900; the depreciation of other stock, £26,573; loss hv the firm of Messrs. Lovatt and Gould, of Leek, £41,728; loss by Messrs. T. S.'Rced and Co., of Derby, £16,692; loss by Mr. John Taylor, of APPENDIX. CXli Coventry, £17,426 ; and these, with other amounts, inchiding the drawnigs of the firm, £5,838; loss on bills receivable, £23,547; on shipments, £7,100; trade ex- penses, £8,213; and bad debts, £14,510, represented the aggregate. The assump- tion of the debts of Messrs. Lovatt and Gould, amounting to £33,800, arose from a joint connection, by which Messrs. Bennoch and Co. became liable with them in silk purchases from Messrs. Durant, and eventually they took the property of Lovatt and Gould, and arranged to discharge their engagements. In the case of Messrs. Reed and Co., of Derby, the loss accrued through depi'eciation, the same being the result with the firm of Messrs. Taylor and Co., of Coventry. Being consignees to Messrs. Bennoch and Co., they had overdrawn to an amount in excess of the value of the goods as now estimated, Mr. Bennoch and Mr. Twentyman being at the same time partners in the firm of Messrs. Reed and Co. Mr. Reed, as the professional advis>;rof the firm, showed that the chief injury to the estate had ensued through depreciation, the further sacrifice, ever since the suspension, having been at least 10 per cent. In a period of depression like the present, it was impossible to predict what might be the result; but it was hoped that a favourable reaction might ensue and increase the value of the assets. Wtiile explaining the miiiutite of the business with Messis. Lovatt and Gould, Messrs. Reed and Co., and Mr. J. Taylor, he showed tbat they originated under proper influences, and that no bill transactions of a doubtful or irregular character had occurred. The proposal to be placed before the credit- ors did not include any specific offer, because, looking at the nature of their estate, Messrs. Bennoch and Co. felt that it would be impossible for them to make an arrangement which would be satisfactory. They had therefore determined to yield to any course of action that might be stiggested with the view of liquidating their estate in the best possible manner. It was not presumed that bankruptcy would be proposed, but it was believed that, through the process of inspection, affairs mi>iht be wotmd-up without delritni'nt to existing interests. The separate estates of Mr. Bennoch and Mr. Twentyman each presented a small surplus, which, if required, could be made available for the benefit of the joint estate, but th/' coH^ra 6,004 14 8 Balance at credit £21,699 13 10 £87,597 14 CREDITOH. By expenditure and losses incurred and ascer- tained xip to the date of the suspension, Norember 25, 1857, viz. : — Trade charges £779 6 Bad debts and sundries 2,543 5 8 Partners' dravrings 2,682 3 By losses accruing ii'om and since the date of the suspension, viz. : — Estimated loss on bills receivable Ditto on doubtful debts By depreciation in merchandise on hand thus — 'Cost £46,355 14 6 Value 33,384 3 7 £925 11 3 9,480 17 10 12,971 10 11 £6,004 14 8 By liabilities in respect of bills which should be provided by other parties, but which, it is assumed, will be claimed on this estate, viz. : — On our acceptances £28,192 5 5 On bills receivable 26,522 13 11 23,378 54,714 19 4 By habilities in respect of mifulfdled contracts. . . 3,500 £87,597 14 The asspti=, it was explained, show a dividend of about 8«. in the pound, but if the liabilities are increased through fresh failures, this amount will not be realized. The suspension of tlie firm at tlie period indicated has, it appears, proved beneficial, and the balance at the bankers', it is considered, may be relied on, should an impor- tant house at Hamburg be able to struggle through present difficulties. Mr. Hol- lams, the solicitor, intimated that the course of arrangement suggested was the process of inspectorship, and that the creditors proposed to select Mr. Brown, Mr. Ca?sar, and Mr. Abegg to watch over their interests. Much sympathy was expressed for the position of the firm, and resolutions assenting to this mode of liquidation were passed. The estate wound-up under inspection, and dividends to the extent of 6,y. already paid ; others anticipated. THE ESTATE OE MESSES. ALLEN AND SMITH. At a meeting, on the 18th December, 1857, of the creditors of Messrs. Allen and Smith, whose suspension was annoimced on the IStli of November, the subjoined Btaleincnt was presented by Mr. l?ali, of the firm of Messrs. Quilter, Ball, and Co., showing, on a trading of eight months, a deficiency of £15,762. This was princi- pally created by the failure of houses at home and abroad, connected with the Swedish trade : — APPENDIX. cliii Statement, Decembek 18, 1857. DEBTOR. To svindry creditors £1,032 4 2 To liabilities on acceptances not expected to be proved against this estate, viz. : — Drafts fron\ Stockholm against securities deposited there £13,653 10 4 Ural'ts on account of persons who will probably provide for tiiem 9,958 14 6 To sundry other acceptances 984 5 11 £24,596 10 9 To liabiUties on acceptances on account of par- ties considered bad 9,825 8 5 To liabihties on bills receivable — • Considered good £2,485 7 2 Considered bad 9,620 17 2 Less secui-ities held 2,472 6 7,148 16 8 To liabilities in respect of estimated amount of loss on simdry unfulfilled contracts for salt- petre ' 2,300 £20,306 9 3 By cash in hand £17 11 By bills on hand £1,000 Estimated to reaUze 750 By sundry debtors — Considered good 280 10 3 Ditto doubtfid £1,250 16 10 Estimated to realize 230 Estimated bad 7,579 4 11 510 10 3 By consignments outstanding, estimated to realize 1,000 By one-third share of the ship " G. B. Carr," of the estimated value £5,000 1,666 13 4 By timber on hand, estimated to reahze 480 By office fimiiture, estimated value 120 £5,544 4 6 Balance, being deficiency carried forward 14,762 4 9 Note. — This deficiency is hable to increase to the extent of any amount of the above liabilities, estimated as good provmg bad. £20,306 9 3 The feature in this case, according to the statement of Mr .M'Leod, was the posi- tion in which the senior partner was placed. Having joined Jlr. Smith, they com- menced with a capital belonging to Mr. Allen, of £5,000, which was subsequently increased to £7,000, and, after trading for the sliort period stated, they were com"- pelled to suspijnd. Tlie assets of the joint estate do not exceed £4,544, and they may be increased by tlie separate estate of Smith to the amount of £500. The separate property of Mr. Allen is, however, considerable, and there appears no doubt but tliat tlie wliole of the creditors will receive 20*. in the pound. Mr. Murray, who represented large and infinential claimants, agreed to the course proposed, hut some legal arrangements will have to be effected before the entire separate estate of Mr. Allen can be made available for the joint creditors. An immediate dividend Cliv APPENDIX. of about 5?. in the pound will be declared, pending tbe proceedings for the realiza- tion of the other assets. In answer to a question, it was mentioned tliat the sus- pension was necessary to prevent the sacrifice of the whole of the property of Mr. Allen. Resolutions were then passed ior a liquidation under inspection, and Mr. Ball was appointed official inspector to superintend the winding-up of the estate. THE ESTATE OE MESSRS. BAEBEE, EOSENAUEE, AND CO. The attendance of creditors, on the 18th December, 1857, at the meeting of Messrs. Barber, Rosenauer, and Co., whose suspension was announced on the 3rd, was very numerous, and the proceedings were of a ratlier protracted nature. The chair was occupied by Mr. J. \V. Mitchell, and the statement presented by Mr. Henry Chatteris exhibited the subjoined unsatisfactory results: — Statement, December 18, 1857. DEBTOR. To creditors unsecured £17,771 16 6 To ditto, partially secm-ed £33,091 13 7 Value of securities held 25,476 9 1 7,615 4 6 To creditors fully secured 398 13 6 Value of securities held 1,009 10 3 Hm-plus couira £610 16 9 To liability on bUls payable which should be re- tired by drawers 2,768 10 5 Expected to be claimed on this estate 1,509 15 6 To liability on bills receivable negotiated 55,451 16 10 Expected to be dishonoured £6, 119 7 1 Less balance due to acceptors in- cluded with creditors £735 11 11 Less cash at bankers 92 4 11 827 16 10 5,591 10 3 £32,488 6 9 CEEDITOR. By produce abroad expected to realize £631 6 7 Less due to consignee 58 9 10 £572 16 9 By wine on hand 35 18 9 Bv debtors considered good 1,993 1 11 By ditto, doubtful £916 14 2 Estimated to rcahzc 136 Bv disputed debts £657 5 11 Estimated to realize 220 By bad debts £3,202 2 3 By surplus securities held by creditorB By cash in hand B V olTi ce furniture GIO 16 9 127 16 9 100 £3,796 10 11 Less rent and salaries, to be paid in full 46 6 1 Carried forward £3,750 4 10 APPENDIX. clv Brought forward £3,750 4 10 Bj defifiencT 28,738 1 11 £32,488 6 9 The circumstances elicited in relation to this estate were of the most discouranring description. Having traded between two and three yeai'S to an enormous extent upon a limited capital, there is, upon debts and liabilities amounting to £32,488, a deficiency of £28,738. The remaining a.ssuts are of a very doubtful nature, and thei'e seems to be little expectation of a dividend. Tlie firm commenced in 1854, with a capital of about £4,000, and at the end of 1855, the profits reached £1,048, but tlie partners drew to the amount of £1,139. They continued to operate without the least regard to the probabilities of success, and in the end the net loss at the date of the present year when they suspended was £30,101, inchided in whicli were bad debts for £10,103, and depreciation of merch^indise £13,967. Not confining their transactions to any particuLar branch, tliey traded in everything, but loss was invariably the consequence; and to illustrate the amount of their business, it was stated that tlie value of merchandise which passed throtigh tlieir liands in 1856, •was £213,000, while this j-ear it represented £187,000. Complaints were made of the conduct of tlie partners in endeavouring to lead individuals to believe that their estate was better than it really appeared to be, especially as it transpired tliere was no separate property, and that, Mr. Barber had settled his furnitiiie, and a policy of insurance for £2,000, upon his wife. To a firm trading desperately lil^e this, tiie certainty of a suspension must be apparent; and, as a creditor very sagaciously remarked, it would be sure to follow wiiether "the rate of money ruled at 2 or 10 per cent." The discussion which subsequently occurred, was directed to the measures tliat should be adopted to wind-up the estate, and tlie great majority being in favour of bankruptcy, the annexed resolution was passed: — "Tlie creditors, after hearing a statement of the affairs, resolved — That the estate be wound-up under bankruptcy, and tliat Messrs. Barber, Rosenauer, and Co. be requested to sign a declaration of insolvency." This estate was wound-up in bankruptcy. _ THE ESTATE OF :MESSES. KRELL AND COHN. A meeting of the creditors of Messrs. Krell and Cohn, commission agents, who failed on the 7th, was held on tlie 21st December, 1857, when the following state- ment was presented by Mr. CoUison, of the firm of Messrs. Parrinton, Ladbury, and Co., the accountants: — Statement, December 21, 1857. DEBTOR. To creditors as per list £13,517 4 5 Less amounts secured by goods in their hands ... 104 11 6 £13,412 12 11 To creditors in respect of bills drawn or accepted by Messrs. Krell and Cohn, and discounted, for which they have had valueinfull 6,187 10 9 To liabilities on bills accepted for persons who have failed, and which will be proved against the estate 2,290 4 2 To liabilities on bills receivable discounted, con- sidered good £20,406 7 4 To liabilities which will he proved on this estate 2,181 9 4 Less cash in the hands of bankers, who hold the bills 554 17 1,620 12 4 £23,517 2 Clvi APPENDIX. CEEDITOH. Bj stock in London and Lyoii3, at cost £1,547 5 9 Bv stock with agents at Berlin, Yienna, Milan, ■Hamburg, Rotterdam, etc £2,698 10 6 Subject to claims thereon 104 11 6 2,593 19 By book debts, good 8,551 7 3 By book debts, doubtful, bad, and disputed £'4,746 10 6 Estimated at l,21fi 6 1 By cash on liand 6:i5 1 4 Bv bills receivable on hand, good 2,358 10 11 Bv bills receivable on hand, doubtful £836 12 9 "Estimatedat 568 3 10 By cash at bankers' 113 16 7 By cash with bankers (held against bills dis- counted) £551 17 By fixtures in London and Lyons 60 £17,634 10 9 Less rent, salaries, etc 96 15 £17,537 15 9 It was explained that the assets, according to the statement, show a dividend of about 14s. l\d. in the poun(i, but that since the accounts were made up bad debts have increased. The firm pnssessed establishments both in London and Lyons. As commission agents, purchasing exclusively on orders, they should hold no stock, and that which is in their hands has been returned through the unsettled state of affairs on the Continent, buyers not having completed their transactions. They commenced business without capital, and last year their balance-sheet sliowed a surplus of about i£'l,700. Tlieir difficulties are wholly attributed to the progress of the panic through- out Germany, wliich has involved them in a large amount of loss and bad debt. Mr. Reed, their professional adviser, detailed at length the circumstances under which the firm suspended, and the prospects of the creditors. Messrs. Krell and Cohn were, he stated, ready either to facilitate a liquidation through bankruptcy, to make an assignment, or to comply with any arrangement under inspection. With regard to a composition, they felt themselves placed in a doubtful situation, the state of busi- ness abroad and the difficulty of collecting debts not permitting them to make so good an off"er as they should wish. Although the accounts exhibited 14*. lie?, in the pound, Messrs. Krell and Cohn were not prepared to propose a greater amount than 10s.; and if the creditors appeared inclined to accept it, they will endeavour to obtain security for the last instalment. Several of the ci-cditors considered that the margin allowed between the assets represented, and the sum required to pay 10s. in the pound was too large; but Mr. Heed and Mr. Parrinton both intimated that, owing to the situation of affairs in Il'tmburg, Berlin, and other places, the debtoi's felt that they could not hope to realize a hirger amount, though they stated their readiness, if an eKcess were obtained, to make it available for the general benefit of the creditors. After some discussion, in wdiich the agent of the foreign bankers bore testimony to the honest nature of the transactions of Messrs. Krell and Cohn, the following resolution was agreed to: — "Resolved — That it be referred to a committee, consisting of the Chairman, Mr. Dunn, Mr. Kohnstammer, and Mr. .John Scott, to consider and decide on the propriety of accepting the offer of composition made by Mes.srs. Krell and Cohn, or any larger amount of composition, and wliat security should be required for the last instalment, with liberty to require a variation in the times of payment." THE ESTATE OF MESSES. EEIIDER AND BOLDEMANN. The creditors of Messrs. Rehder and Boldemann, who failed on the 25th of November, 1857, in the German trade, held a meeting on the 21st December, when the following stMtement was presented by Mr. Ball, of the firm of Messrs. Quilter, Ball, and Co., the accountants : — APPENDIX. Clvii Statement, December 21, 1857. To sundry creditors unseciu'ed £39,952 3 2 To creditors partially secured Amount of claims £9,498 9 8 Estimated value of securities 3,8741 4 To creditors fully seciu-ed — Estimated value of securities £20,528 8 7 Amount of claims 15,984 17 5,624 5 8 Surplus 4,543 11 7 To liabilities on acceptances 114,348 14 5 Secured to the extent of the value of consign- ments on hand of the estimated value of 32,922 2 6 Assumed to be claims on this estate 2,070 11 9 To Uabihties on bills receivable as per statement £136,294 19 6 Of which those considered hkely to prove claims amount to 10,208 19 2 Less cash balance retained by bankers 982 16 6 ; 9,226 2 8 To estimated claim in respect of goods bought and not delivered . . . 1,000 £57,873 3 3 creditor. 33y cash and bills receivable on hand, considered good, as per statement £4,312 12 By cash retained by bankers, per contra £982 16 6 By sundry debtors — Considered good £5,474 10 10 Ditto, doubtful £5,199 9 11 Estimated to produce 1,9-19 16 3 Ditto, bad £642 17 11 By sundry merchandise on hand Athome £18,090 1 1 Abroad 306 7,424 7 1 18,396 1 1 By sundry property 550 By surplus securities held by creditors, per contra 4,543 11 7 By property deposited as security for certain returned bills, which it is considered will be paid 2,273 £37,499 11 11 Statement accounting for the Deficiency. To deficiency, November 25, 1857 £20,373 11 4 To partners' capital — - January 1, 1857 £6,991 1 9 Add subsequent profits 3,698 18 3 10,690 £31,063 11 4 ,'lviii APPENDIX. CHEDITOR. By trade clmrges £1,152 16 8 By losses on merchandise realized, estimated depreciation in value of imrealized stock, now valued at £43,437 9*. Sd., and sundries ,,,,>..,,,,...... 15,128 6 By bad and doubtfid debts, viz. : — "Estimated loss on doubtful £3,249 13 8 Bad 642 17 11 3,892 11 7 By partners' drawings, from January 1, 1857... 2,096 14 2 By labilities, viz. : — ■ On acceptances £2,070 11 9 On bills receivable ..... 10,208 19 2 On goods bought, but not delivered 1,000 £13,279 10 11 Less produce held bv creditors 4,486 8 8,793 2 11 £31,063 11 4 These figures exhibit a dividend of iibout 12s. 6;/. in tlie pound, but it is not certain that this amount will be realized. The firm commenced business on the 1st of January in the piesent year with a capital of £6,991, and the failure, it appears, has been caused by the depreciation of produce and the failure of other houses. In answer to a question, it was stated that tbei-e had been no accommo- dation transactions, but bhmk credits have been opened on foreign account to the extent of i'114,S48. On these, however, only a small amount of claim is anticipated. Some of the creditors appeared to believe tliat there is little diffeience between the terms "blank credits," and " accommodation transactions." Mr. Hol- lams, who attended for Messrs. Rehder and Bohiemann, intimated that these gentle- men are not in a position to make any proposal, and that it has been suggested the most prudent course would be, to eflect a liquidation through inspection. The deficiency between the assets and liabilities is £20,000, but the depreciation on produce has been upwards of £23,000. The produce in which the firm is inte- rested consists of tea, cotton, and other articles, and cunsiqucntly the estate could be readily put in process of liquidation. It was eventually agreed to wind-up under inspection, the following creditors being appointed to superintend : — Mr. Maureu- ei-cther, Mr. Alvers, and Mr. J. Trueman. This estate has already paid dividends to the extent of 6s. in the pound. THE ESTATE OF MESSES. HEEMAN SILLEM AND CO. A meeting of the creditors of Messrs. Herman Sillem, Son, and Co., in the Ham- burg and German trade, was held on the 22nd December, 1857, Mr. J. li W. Schroedcr in the thair, wlien the following statement was presented by Mr. Quiller, of the firm of Messrs. Quilter, Ball, and Co., the accountants : — Statement, December 22, 1857. DEBTOR. To sundry creditors unsecured, as per statement £61,084 6 7 To creditors in respect of bills receivable, to be given up 33,033 11 5 To liabilities on acceptances £3 14,851 1 9 10 Actually canceUed £67,934 13 5 Interfered for, referred, or gvun'anteed 153,431 12 10 Carried forward £221,366 6 3 £61,084 6 7 APPENDIX. elix Brouglit forward £221,366 6 3 £61,084 G 7 Not interfered for at present, but believed to begood 101,388 6 10 Estimated to be claimed on this estate 22,097 6 9 22,097 6 9 £314,851 19 10 To liabilities on bills receivable and bills nego- tiated, as per statement, £171,274 IS*. §d., of which those considered likely to prove claims amount to £10,889 8 5 Less seem-ed by balance at bankers', and an amount due on biUs negotiated 1,023 2 9 9,866 5 8 £93,047 19 CHEDITOE. By cash at bankers' £9,281 7 Less hable to pay bills receivable, considered had per contra 517 17 10 By biUs receivable on hand at the date of the suspension £66,512 2 5 Less bills to be given up 33,033 11 5 £8,763 9 2 33,478 11 B\ simdry debtors — 'Considered good £42,444 18 11 Ditto doubtlul £6,736 6 1 Estimated to pi'oduce ... 2,455 5 1 Ditto bad £1,037 15 1 — 44,900 4 By lease of house, No. 2, Crosby Square 317 lo Surplus of the private estate of the partners, estimated at 2,000 £89,459 14 2 Tliis estate showed nearly 20*. in the pound, and the expectation was, tliat a dividend of 6s. 8d. might be paid at the end of February, when the position of the bills not interfered for shall have been ascertained. There was cash at the bankers' bearing interest, £25,000 ; balance at the bankers', £5,000; CHsh at the Bank of England, not bearing intt-rest, £7,000; with good bilL^ on liand, £8,000, milking a total of £45,000. The amount of the capital of the firm was £32,000, and this, together with a further slight sum, has been wholly absorbe dtlirou'di the disasters which have taken place in Hamburg and Germany. Previous to these events, the house, as proved by the accounts, was solvent. Although the liabilities on acceptances have reached tlie large total of £344,851, the estimate of the amount to be claimed on the estate was £22,097. The sum not interfered for was £101 388 but the character of the houses they represent led to the expectation that tiiey would be paid. A distribution cannot be made before the end of February or the commencement of March, as some of the bills will not run off before that date. In answer to questions, it was stated that the open credits have been granted to first-class houses in the regular course of trade, against consignments, etc., and that it testifies greatly to their stability to find that the estimated loss, so far as can at present be ascertained, will be only £22,000. The proposal for a hquidation under inspection was moved by the Chairman, and immediately seconded, the gentlemen appointed to act being Mr. T. Baring, M.F., Mr J. H.W. Schroeder, and Mr. L. Mieville. Dividends to the amount of 20a'. in the pound have been paid, with interest. clx APPENDIX. THE ESTATE OF JNIESSRS. DRAPER, PIETRONI, AND CO. The creditors of Messrs. Draper, Pietroni, and Co., ia the Mediterranean trade, assembled on the 22iid December, 1857, Mr. Fitzpairick, of the firm of Mnudsley, Field, and Co., presi6 3 573 1 By lease of business premises and fixtures K'os. 10 and 11, rriday Street, hchl for a term of 21 vears, from IMidsummcr, 1852, at a rental of £300 per annum 2,150 II eld by Messrs. Stagg and Co., as sccuritv for their debt of 1,365 9 9 1,081 10 3 By lease of buslne?? ^ironiises and fixtures, iN'o. 9, Friday Street, held for a tenn of 17 vears, from Michaehnas, 1857, at the rental of £500 per anniuu 150 Carried forward £ 12,638 11 9 APPENDIX. Clxxi Brought foinvard £42,G38 1 1 9 Less rent, taxes, gas, aucl salaries GOO 7 7 £42,029 4 2 I>v amount of (he private estate of Mr. W. J. rowell £2,063 The position of tliis estate, it appeared, was rather anomalous, and it ■will he perceived by the figures that a dividend of nearly 20.s. in the pound is presented. The trading liad been of a satisfactory character, tlic returns being from £160,000 to ±'170,000 per annum. The capital, when the firm commenced business in 1852, "was i'23,000, brought from another large establishment, andtlic cause of suspension is entirely attributed to the drawings of the senior partner, which have been at the rate of £'3,000 to £4,000 per annum. liis private property show!? a surplus of ±'2,065, including a considerable cpiantity of wine, but the creditors expressed con- siderable dissatisfaction at the want of prudence so painfully exliibited. The situa- tion of the son, who has not drawn more than ±150 per annum, was the subject of deep commiseration, and it was proposed that he shall in future carry on the business. The offer made to the creditors was 17*. in the pound, but some discussion arose with respect to the period of payment. It was ultimately agreed to arrange the instalments at three, six, and nine months, from the 15th January; and a committee was appointed to determine the security. THE ESTATE OP IVIESSES. CAEE, JOSLING, AND CO. There was a numerous meeting, on the 7th January, 1858, of the creditors of Messrs. Carr, Josliug, and Co., lately engaged in the trade of the north of Europe, who failed on the 23rd November previous, when the following statement was pi'esentcd by Mr. J. E. Coleman, the accountant : — Statement, January 7, 1858. DEBTOR. To creditors on open accounts £50,686 2 To bills payable £164,384 2 2 Of which it is expected there will be pro- vided for by the parties for whose accoxmt the bills were accepted 110,571 14 4 Leaving to rank on this estate 53,812 7 10 To creditors fuUv seeiu'ed — Security held ' £15,004 7 Claims 12,500 Suri:)lu8 to coH^ra £2,510 7 To habilities on acceptances for account of other parties to whom Carr, Joshng, and Co. liad granted credits, but which parties have since suspended payment, or from other causes are unable to meet their engagements... 72,112 5 2 To liabUities on bill receivable, chscounted £159,390 19 3 Of which it is expected there will be duly honoured at maturity, or taken up by the ch-awers '. ' 121,334 19 4 Leaving to rank on this estate 38,055 19 11 Liabihties £214,996 13 1 Clxxii APPENDIX. CREDITOR. By cash at bankers' £2,09116 t) Less amount which will be retained against bills discounted 151 17 1 £1,939 19 8 Bv bills reeeiTable on hand, good 2,122 16 By bnis doubtful £1,083 17 9 Estimated at 7y. Gd. in the poimd 1,531 9 By shares and sundry assets 7,210 11 11 By debtors, good ...' 69,551 8 11 By debtors, doubtful 55,418 7 2 Estimatedat 11,440 By consignments of goods 10,831 9 10 Surjilus from creditors hokUng secm'ity, per contra '. 2,510 7 £110,168 2 !• Less creditors to be paid in full , 250 18 7 £109,917 3 9 By surplus from sepai-ate estate of O. B. Carr 18,833 7 4 (In respect of the bills amoimting to £38,055 19s. lid., wliich w-ill at present rank on this estate, it is expected that reclamation will be made from the acceptors to some extent, in which case such reclamations will be available for division amongst the general creditors.) Assets £128,750 11 1 GrENEEAl BALA>'C'E StATEJIEXT, EROM JclT 1, 1855, TO yOA'EMBEE 23, 1857. DEBTOR. To Habihties as above £214,996 13 1 To capital (includmg separate estates) 76,878 17 8 Toprofits 44,208 2 5 £336,083 13 2 CREDITOR. By assets, as above £128,750 11 1 By cash retained by bankers 151 17 1 Loss by bad and' doiibtful debts and bills, amounting to 69,730 11 2 By other' losses ! 21,036 18 7 By habihties on bills discounted, ^er cow^/'f? 38,055 19 11 By ditto, on acceptances 72,442 5 • 2 By personal expenses of partners 5,915 10 2 £336,083 13 2 The above figures show a dividend of about 12.-.-. in the pouml, and Mr. Coleman estimated that an amount of lOs. might at least be realized. It was expected that the assets would he increased through the reclamation of bills in connection with estates in Sweden, the Government of which country is making great exertions to assist its commercial interests. No exaggerated value had been placed upon the debts, but the amounts at which they liad been taken would, it wns believed, be secured. Tlie surplus of the private estate, i'18.900, and the property in shares, will assist to increase the general assets available by the creditors. It was intimated that, in addition to the general statement, a balance statement had been prcpaicd in order to APPENDIX. clxxiii show tlie capital find pro/);re3S of the firm, and to combat an opinion expressed, tliat it was the practice of accountants, at these meetings, to avoid entering into sufiicient details. Altliough Mr. Carr, wlio commenced business in the year 1829 with a capital of .i2,050, exclusive of personal bequests since received of i;12,.')00, has, during the latter part of his career, been making i'4,000 a year, his private expenditure has not exceeded .1'900 a year. Ilis operations in the north of Eurojie, where ho has Lad extensive connections, have occasioned his failure. As a circumstance illus- trating his position and credit, it was mentioned that, of the total of the open accounts included in the statement, i'3S,O00 is represented by money deposited in liis bands at interest. Mr. Lawrance, of the firm of Lawrance, Plews, and Boyer, the professional adviser of the firm, stated the course proposed to be adopted. In the first instance, Messrs. Carr and Josling thought of oftering a composition, but sub- sequently it was found that this could not be satisfactorily accomplished, and, therefore, it was proposed to liquidate under inspection. The proceedings taken in connection with the private arrangement clauses of the Bankruptcy Act had been only to protect the interests of the general creditors against any special creditor who might have been disposed to seek an undue advantage; and in the succeeding steps for winding-up the estate, care would be taken to obtain the affidavits of claims in proper form. The inspectors appointed, in accordance with the resolutions adopted, are Mr. Stephen Cave, Mr. Melvelle, and Mr. Bowness. The amount already distributed has been 4«. in the pound. THE ESTATE OF MESSES. C. A. JONAS AND CO. The meeting of the creditors of Messrs. C. A. Jonas and Co., engaged in the Baltic trade, who failed on the 4th December, 1857, was held on the 7tli January, 1858, when the following statement was submitted by Mr. Ball, of the firm of Messrs. Quilter, Ball, and Co., the accountants : — Statement, Janv.vby 7, 1858. DEBTOR. To sundry creditors unsecured £19,705 5 30 To cTeditors partially seciu'ed — Amount of clahns £9,753 14 4 Less esthnated value of security 0,59G 2 3,157 14 2 To creditors fidly secured — Estimated value of seciu-ity £4,457 2 Less amount of claims 3,922 17 5 Sm-plu9 £53i 2 9 To liabilities on billa receivable — Considered good £17,136 16 2 Considered bul £4,161 To less estimated value of security 3,470 4 690 19 8 To liabilities on accpianecs — Provided for £16,863 9 7 Secured 12,410 15 9 Outstandng 22,852 12 9 £52,126 IS 1 or whicli .'t is csii'i.atcd will prove on \hxi cdate 8,591 5 £32,145 4 S Clxxiv APPENDIX. CltEDITOTJ. By casli on hand £277 10 9 By cash detained at bankers' £ ] ,010 1 By bills receivable on hand — Considered good 2,922 13 10 Considered donbtful, £1,500. Estimated at 7.?. 6f?. in the pound 575 By siuidry debtors— • 3,497 13 10 Considered good 11,420 4 4 Considered bad 590 10 2 By office fumitiu'e, estunated value 100 By surplus seciu'ities, j^jer CO ;ifra 534 2 9 £15,829 11 8 Less rent, salaries, etc., payable in fidl 100 15,729 11 8 Bydeliciency 16,415 13 £32,145 4 8 According to the explanations afforded, the estate showed a dividend of about 10s. in the pound, and of the deficiency of ;£16,415 presented by the statement, special losses to the extent of £'14,273 had occurred from the failure of other houses during the recent crisis. On the 1st January, 1857, the apparent deficiency was £2,307, but the father of one of the partners advanced 4.0,000 to carry ont opera- tions, for which he is now an unsecured creditor. The profits of the year exceeded the ordinaiy losses, private drawings, etc., and the trading, it was stated, had been perfectly legitimate. Another feature was, that the books had been well kept. The whole of the explanations being regarded as satisfixctory, the resolutions pre- pared by Mr. IloUams, the solicitor, for a witiding-up under inspection, were agreed to. THE ESTATE OF IMESSRS. WIENHOLT, WEHNEE, AND CO. A meeting of the creditors of Messrs. Wienholt, Welmer, and Co., in tlie East Indian and Australian trade, who failed on the 11th December, 1857, was lield on the 7th Januaiy, 1858, when the following statement, prepared by Mr. Clarke, the accountant, was presented: — Statement, Janxjaey 7, 1858. DEBTOR. To creditors unsecured, as per statement, viz. : — Trade £29,758 V 9 Permanent family loans 17,597 7 £17,355 15 3 To creditors partially secui'ed — Amount of claims £52,70G -i 7 Less estimated value of sccm-itics 43,975 8,731 4 7 To creditors fully secured — Estimated value of securities £ 10,855 8 Amoimt of claims 41,757 12 7 Surplus, jje>' coH/r« £5,097 8 1 To liabililies on accoplanccs £140,907 1 5 Carried forward £50,080 1 9 ] APPENDIX. CIXXV Brouglil forward £5G,080 19 10 Viz. :— Protected by otlier parties £16,304 11 7 Secured by the dociunents of produce iu voiced at £S2,7SG 10 To ainoimt of bills 75,675 10 75,675 10 To si\.r\T\u9 per eonfra £7,111 Estimated to be claimed on the estate 21,926 19 10 21,926 19 10 £116,907 1 5 To liabilities on bills receivable, as per statement £152,196 7 Of which it is estimated will be proved on theestate ^. 12,500 2 To creditors to be paid in full 550 £93,514 1 8 Capital on January 1st, 1856 £30,758 7 7 Balance of profit and loss from January 1st, 1856, to December 11th, 1857 35,000 £65,758 7 7 And permanent family loans £17,597 7 6 CKEDITOE. By cash and surplus securities in the hands of bankers £4,624 2 10 By debtors — Good £21.270 18 11 Doubtfid £13,874 1 1 Esthnated to realize 7,000 Bad 500 15 4 £28,270 18 11 Less creditors to be paid iu fidl, «er co;;/r« ... 550 27,720 18 11 By surplus securities in the hands of creditors 5,097 8 1 By siu-plus on produce 7,111 By merchandise and other securities, as per statement 13,321 15 9 Bv office furuitm-e 150 4 £58,025 9 6 By outstanding debts and assets in India £66,871 3 8 Wliieh at only 7v. 6(/. in the pound, will yield 25,071 IB G £83,097 3 The estate, it will be noticed, showed about 17s. 9d. in the pound ; but as the assets are principally Indian, the actual dividend could not be accurately estimated. They included a small indigo factory, and consignments of goods, which it was lioped might be realized without any great sacrifice. With the view of conducting a liquidation which should be satisfactory to the creditors, it was proposed to adopt the process of inspectorship, and three gentlemen were appointed to act with the debtors. In answer to questions, it was stated that the failure had been solely occasioned through the crisis, and that the item of permanent family loans had not been diminished. After the ordinary resolutions introduced to the notice of the meeting by Mr. Peachey, of the firm of Messrs. Oliverson, Peachey, and Co., were passed, one expressing sympathy at the difficulties of Messrs. Wienholt, Wehner, and Co., was brought forward and carried. It was then announced that although the permanent family loans were unsecured, further assistance would have been rendered clxXvi APPENDIX. had the partners entertained an impression that they could liave surmounted their embarrassments. Several creditors testified to the honourable conduct of Messrs. ^Yienholt, Wehner, and Co., in their various business engagements. THE ESTATE OF MESSES. LUPTON, IIOOTOX, AND CO. A meeting of the creditors of Messrs. Lupton, Hooton, and Co., in the Manchester trade, -who failed on tlie 1st, was held on the 11th January, 1858, when it was at^reed to accept a composition of 17s. in tlie pound, payable by instalments at thi"ee, six, and nine months' date. It will he noticed from the following statement, prepared by Messrs. Parrinton and Ladbury, that the estate shows a small surplus. Some surprise was, therefore, created when it was announced that an offer of 16.9. was about to be made. After a short discussion, it was resolved to take the amended proposal, a committee having been appointed to superintend the arrangement. Should the estate when investigated not be able to pay the composition named, it is then to be wo'.ind-up under inspection. The cause of suspension was the withdrawal of capital which had been left in the firm by a previous partner : — Stateme>'t, Jaxuaey 11, 18'8. DEBTOR. To creditors, as per Ust £29,786 11 5 Less security held by creditors 2,705 8 10 To liability on bills receivable discounted, and which will be proved on this estate Ditto, ditto, considered good £7,597 16 To liability on acceptance, for which the firm has received a collateral secimty, but the acceptance will be proved on tliis estate To surplus (wliich would be increased by any value that may arise from the collateral sectirity above-mentioned) £27,081 5 7 515 6 1,100 913 16 £29,910 7 7 £12,783 13 3 10,399 17 633 10 10 2 136 1 255 6 By stock in trade, at cost £12, / 83 13 By book debts — G ood Doubtful £950 5 3 Bad 1,007 11 7 Estimated to produce By estimated surplus to arise from acceptances charged jter contra By cash in hand and at bankers' 359 16 1 Less — retained by bankers, against loss 83 18 6 •" 275 17 7 By bills in hand £5,805 12 5 "Estimated to produce 5,718 19 11 By lease of premises and fixtures, Nos. 53 and '54, Bread Street, No. 6, Star Court, and IS'os. 79 and 79i, Wathng Street, held for the tenn of 21 years from Clu-istmas, 1857, at the annual rc:it of £ 100, taken in balance- sheet, June, 1857 1,700 Expended thereon smcc that time 1,005 8 10 £2,705 8 10 £30,203 5 9 Held by cash creditors as sectirity for their debts, and deducted, percontm £30,203 5 9 Less rent, taxes, gas, and salaries , 292 18 2 £29,910 7 7 APPiiNDix. clxxvii THE ESTATE OF MESSES. SABEL AND CO. A meeting of tlie creditors of Messrs. SaLel and Co. was held on the 11th J.annary, 1858, wlieu the following statement was submitted hy Mr. SafTery, of the lirm of Palmer and Sall'ery, accountants: — Statement, Januarv 11, 1858. CLAIMS. To sundry creditors unsecured, viz. : — On acceptances £15,396 14 On open accounts 8,432 C 3 £23,829 3 To creditors partially secured £917 12 Less seciu'ities held 850 10 (5 . 07 2 To creditors for advances on 300 shares in the London General Paper Company, as i)er contra £700 Less value of life poUcy also held 50 050 To Uabilities on acceptances on account of other parties £5,856 1 4 Of which it is expected claims will arise on 2,400 5 3 To habilities on biUs receivable £12,323 9 4 Of which it is expected claims will arise on £2,424 12 2 Less cash at bankers 200 15 2,223 17 2 £29,236 4 8 To balance deficiency £11..556 12 To outstandmg hability of the late firm of Sabel andSabel £12,755 17 ASSETS. By cash hi hand £323 / 9 By bills receivable on hand, considered good 1,423 10 3 By ditto, doubtfiU £503 3 3 Estimated to realize 5?. per pound 1^0 la 10 By sundry debtors, good "^ '^^J 1^ H By consignments, balances outstanding 315 17 11 By property — 'stock in trade, cost £5,415 9 Offii;e furniture, estimated to realize 200 Household furnilui'e, estimated to realize 400 0,015 9 9 £15,270 17 5 Deduct clauns to be paid in full 591 ^ 2 £14,679 12 3 By bulaneo " deficiency " 14.556 12 5 £29,236 4 8 Clxxviii APPENDIX. Statement accottntino tor Deficienct. DEBTOR. To deficiency as above £11,556 12 5 To capital, Jiily 1st, 1856 V30 17 11 To subsequent pi-oiits 5,763 4 7 £21,050 14 11 By cost 01 shares — In Loudon General Paper Company £1,500 (Held by creditors, joer contra.) In Caillaud's Patent Tanning Company 750 £2,250 Ey trade cliai'gcs, from June, 1856, to December, 1857, viz. : — Interest, discount, commission, etc £2,357 13 5 Salai'ies, rent, travelling expenses, etc 4,703 9 2 7,061 2 7 By E. Sabel, drawing account 1,936 7 1 Bv losses prior to stoppage, viz. : — "Doubtfid and bad debts £3,697 5 BiUs receivable (doubtful) 122 7 5 Consignments 113 4,232 7 10 By losses on realization, viz. : — Household furnitui'c £380 Office fm-nitm-e 300 680 By losses in respect of biUs, which slioxdd be provided for by other parties, as pe7' contra, viz. : — On our acceptances £2,466 5 3 On bills receivable 2,424 12 2 1,890 17 5 £21,050 14 11 Mr. Lawrance appeared for the principal creditors, and after some discussion tlio meeting was adjourned to allow Messrs. Sabel and Co. time to consider tlie possibility of making a deilnitc offer of composition of 9*'. in the pound to the creditors. THE ESTATE OF ME. EDWAED SMITH. A meeting of the creditors of Mr. Edward Smith, woolstapler, who failed on tl;e 15th December, 1857, took ]il;icc on tlie 13tli January, 185S, sit wljich the following statement was presented: — The liabilities on bills appcnr very large, and an amount of X'109,397 is expected to be proved against the estate. It was proposed to pay Zs. in the pound, secured at three months; but subsequently tlie creditors, M-ithout accepting or rejecting the offer, appointed a committee to carry out a further inves- tigation, and to report to an adjourned meeting. St.\ti:iient, Januauy 13, 1858. DEBTOR. To creditors unsecured £68,967 12 1 To creditors holtUng security £133,874 17 10 Less value of seciu-ity held by them 109,274 11 11 To creditors fully secured £1,630 1 4 To value of secui-ity held by W. C. Huigh 9,219 12 8 Surplus available as an asset contra £7,589 11 4 21,600 5 11 Carried forward £93,567 18 APPENDIX. Clxxix Brought forward £93,5G7 IS To liabilities on endorsements of bills receivable :t201,721< 10 8 Of which tliere are expected to be proved upon tliis estate £109,397 G 9 109,397 G 9 £202/JG5 4 9 CEEDITOH. By stock on hand, estimated at £25,163 17 4 Bybookdebts 285 15 6 Bycash £14G 111 (Retained by bankers to meet liabilities.) By cash wdth country agents 1G9 G 5 By sui'plus stock in hands of creditors , 7,589 11 4 £33,208 10 7 Less rent, taxes, and small debts proposed to be paid in full 551 10 £;]2,G57 9 9 By value of private estate, estimated at '?5G 11 9 £33, 11 1 1 G At the adjourned meeting the estate was pLiccl under bankruptcy. THE ESTATE OE ]\IESSES. S. BEG^a AND CO. A meeting of the creditors of Mc5f=r3. S. Bogg and Co., engaged in the Australian trade, who failed on the 7th December, 1857, was held on the loth January, 1858, when the subjoined statement, prepared by IMr. Tappling, tlie accountant, was pre- sented. The debts represent £18,769, and the assets £10,239, showing a dividend of about 12,5. in the pound ; but as some of the latter wei'e considered to have been over-estimated, the nearer amount was regarded as 10*. A proposal to p.ty 8,?. by instalments, the last one secured to the satisfaction of a committee, was, after a genci'al discussion, adopted. The professional representatives of the firm were Messrs, Hudson and Francis. Statemeijt, Januaex 13, 1858. m Ti • DEBTOR. lo creditors, viz. : — Of S. Begg and Co .-61,387 10 5 OfS. Begg 12,116 G 3 In Melbom-ne, September 30tli, 1857 1,574 11 5 £18,108 8 1 To creditors secured 3,792 111 To cstunatcd value of property in their hands 3,906 2 G Surplus, see co«//'rt , £114 7 To liabiUties, viz. : — On bills receivable 12,410 On consignments 1,110 G 6 £13,550 6 G Of which sum is considered bad ..<,,.. ^^'^ " 2 £18,769 10 3 clxXX APPB^DIX. By debtors, viz. : — Good £1,000 DoubtfiJ £678 14 Estimated to produce 339 7 £1,339 7 Bad 1,120 9 By debts in Melbomnie on Sept. 30th, 1S57, estimated at 1,700 By estimated value of property in the hands of creditors over and above the advances thereon Ill 7 By property, viz. : — 'inMelbourne £3,170 2 7 By shipments in or on the way to Melboiu-nc 3,250 By life pohcies 250 By balance of cash, viz. : — At London and Westminster Bank 3 IS 9 Inhand 386 13 8 Bv biU receivable 21 11 10 6,670 2 415 7 3 By deficiency : 8,530 12 10 £18,769 10 3 THE ESTATE OP MESSES. SEWELLS AXD NECK. A numerous meeting of the creditors of Messrs. Sewells and Neck, lately engaged in the trade with Norway, who failed on the 5th December, 1857, was held on the 14th January, 1858, at the London Tavern, when tlie following statement, showing a surplus of .£'57,581, was presented by Mr. W. Turquand, of Messrs. Turquand, Youngs, and Co., the accountants: — Statement, Janttary 14, 1858. DEETOK. To ci'cditors nnsecitred — On open accounts £40,632 1 2 On bills pavable 60,790 5 On femily deposits 22,656 7 4 £124,078 13 6 To creditors holding scctiritv — Securities held ! 42,809 19 Claims 41,389 8 3 S urplus subjcc't to interest £1,420 10 9 To liabilities on bills iiayable ac- cepted on account ' of the drawers, who are returned as creditors for certain amounts, subject to their retiring our acceptances, as per statement page £97,618 5 4 Of which it is estimated will bo claimed against this estate . . . 10,825 16 3 Cnmed forward £97,618 5 4 £10,825 16 3 £121,078 13 6 AITENDIX. Clxxxi Brought fonvard £97,618 5 4 £10,825 IG 3 £121,078 13 6 Accepted oil acc-oiiiit of drf.wcrs ■nlio arc debtors after retiring our acceptances, as per state- ment page 101,802 4 10 Of which it is estimated wall not be retired by the drawers 9,742 £202,120 10 2 20,567 16 3 To liabilities on bills receivable — Amount rmi oil' and paid £108,322 1 Amount run olF, not met by accejitors, but expected to be retired by di'awers or endorsers ...' 29,766 1 Expected to become claims ... 4,118 5 10 4,118 5 10 To amount still rumiing, ex- pected to be met by acceptors, drawers, or endorsers 137,972 1 Expected to become claims 1,911 10 1,911 10 6,029 6 8 £282,089 6 11 £150,675 16 5 To balance, being surplus of joint estate 37,581 3 10 £188,257 3 CBEDITOR. Ey balances at bankers', subject to repayment of loan and to liabiUties on bdls under discount £5,755 17 10 By bills receivable on hand £34,820 17 10 By debtors — Considered good 86,619 9 Considered doubt fid 1,634 7 7 Considered bad 11,394 16 7 £13,029 4 2 By property, estimated value 18,990 By Borregaard estate, estimated value, after dcductuig mortgages and other claims 30,000 By bills of exchange and cash deposited as collateral security for payment of bills discounted and negotiated 14,826 13 5 £188,257 3 Bv balance, being surplus of joiut estate brought 'down £37,581 3 10 By partners' private estates, estimated to reaUze 20,000 £57,581 3 10 Statemext snowiNO the Position of the Firm on 31st December, 1856, AND ACCOUNTING EOR PRESENT SURPLrS. To capital, December 31st, 1856 £72,834 10 £72,834 10 To Mr. Joseph Sewell's de- posit account £5,700 Carried forward £5,700 £72,834 10 £72,834 10 Clxxsii APPENDIX. Brought for^-arcl £5,700 £72,834 10 £72,834 10.0 To familv deposits 22,G56 7 4 28,356 7 4 101,100 17 4 To profits from Dec. 31st, 185G, to Dec. 5tli, 1857, viz. :— To iutei-cst account balance £7,656 6 10 By commission 13,217 14 6 By insin-ance 825 10 By brokerage, postages, etc 462 14 3 22,162 5 7 Less expenses 2,071 14 2 By partners' accomits, from December Slst, 1856, to December 5th, 1857— By ch-awings of Mr. C. Seu-ell and Mr. Neck ... £2,916 4 G By Thomas Sewcll, balance at his debit in general ledger 2,210 15 8 5,127 2 Deduct — Joseph Sevrell, amount to his credit since December 31st, 1856 1,903 7 2 By losses, viz. : — By sundries — balance of profit and loss account 4,348 10 On estimated realization of debtors £13,029 4 i By property 795 1 8 By Borregaard estate 600 4 4 By securities held by credit oi's 1,420 ]0 9 By Ilolmsund stock 2,000 By shippmg m Nonvav 3,329 19 11 •^ ' 21,175 10 20,090 11 5 £92,925 1 5 £3,223 13 By liabilities — On bills payable 20,567 16 3 On bills receivable 6,029 6 8 By surplus, as per statement of affairs 37,581 25,523 1 8 26,597 2 11 3 10 £92,925 1 5 The .nnnounccment that the cst.atc showed 20.?. in the pound, leaving a large surplus, was received with mucli satisfaction, particularly when it was ascertained that of this sum £20,000 is derived from the separate properties of the partners. The Borregaard estate, valued at £30,000, after deducting mortgages and other claims, was originally purchased for £43,000 ; and the remaining assets can be steadily realized. It was explained by Mr. Hollams, tlie professional representative of the firm, that the suspension was entirely voluntary, Messrs. Scwells and Neck, notwithstanding the ofFer of assistance from the Bank of Ihigland and private friends, having declined to proceed owing to the uncertainty wliicli prevailed a few ■weeks since with regard to the trade of the north of Eui-ope. 'i'hey were not then aware that Norway could have so well withstood the effects of the crisis as has now proved to be the case, and tliey consequently hesitated to jeopardize the funds which would have been supplied for their use. The local government having stepped forward to the assistance of the mercantile community, tliey have been enabled to contend with their difficult' , and in credit they now present a strong APPENDIX. clxxxiii contrast to other neighbouring countries. TIio assets being principally in Norway, the only favour Mcoro. Sewells and Neck ask at the hands of their creditors is an extension of time, and it is proposed to pay 20^. in the pound with 5 per cent, interest, by instalments, at six, twelve, eighteen, and twenty-four months. The resolution containing tlie proposal included a suggestion for the appointment of inspectors ; but two of the creditors, Mr. Boyson and Mr. Cliurchill, intimated that there was no necessity for this provision, it being the interest of Messrs. Sewells and Neck to efloct a liquidation to the best possible advantage. Great sympathy was expressed during the discussion for tlic position to which the firm had been reduced through the panic of November and December ; and it was unanimously decided that it was not desirable to enforce any supervision. The arrangements for 20^. in the pound were carried out. THE ESTATE OF MESSRS. EEAY, PEESCOTT, AND CO. A numerous meeting of the creditors of Messrs. Eew, Prescott, and Co., engaged in the Swedish trade, who suspended on the 14th December, 1857, took place on tlie 15th January, 185S, at the Guildhall Coffee-house, Mr. Prescott, the bauker, in the chair, when the following favourable statement Avas presented by Mr. J. E. Coleman, the accountant : — Statement, JAytXAEY 15, 1858. DEBTOR. To creditors on open accoimts £33,008 10 11 To ditto on bills payable £81,G25 1 8 Of wliicli it is expected there will be pro- vided for by the parties for vrliose account the bills were accepted 52,'708 IS 11 Leaving to rank on this estate 28,910 2 9 To creditors fuUv secured — SecLU-ity held .' £3,004 18 2 Claims 935 8 Surplus to coH/ra £2,0G9 10 2 To amount due to the executors of the late IT. J. Prescott 25,9G3 8- To liabihties on bills receivable 69,057 9 11 Of wliich it is expected there will be taken lip by the di-awers or endoi'sers 61,211 10 1 Leaving to rank on this estate 7,815 19 10 Liabilities £95,703 14 2 CREDITOR. By cash and short bills in hands of bankers £5,108 11 8 By cash at Bank of England, etc 58 3 (> By bills receivable on hand, expected to bo dulv honoured at maturity " 10,682 16 4- By bills receivable on hand, the payment of wliich may be dcfcrrctl, but which are expected ultimately to be paid in fidl... 5,778 16 11 By debtors, considered good 73,103 18 1 By ditto, doubt fid £14,979 3 9 By bills receivable on hand, doubtful 2,680 10 6 £17,60 3 Estimatedat 6,623 10 Carried forwar.l £101,655 16 G clxxxiv APl'KNDIX. Brought forward £101,05510 tSm-plus from creditor?, contra 2,000 10 2 £103,725 6 8 Less creditors under £10, and to be paid in full 274 3 5 Assets £103,451 3 3 The cash and short hills -u-ith the hankers will be retained by them until the bills which they have discounted arrive at maturity. Peo-fohma Balance Statejient from JAxrAEY, 1847, to December 1 1, 1857. DEBTOR. To liahiUties as above £95,703 14 2 To capital at commencement 48,295 18 10 To profits £128,574 3 6 Less charges, etc £26,740 8 1 Less losses, etc 19,061 5 7 45,801 13 8 82,772 9 10 £226,772 2 10 CREDITOR. By assets, as above £103,451 3 3 By amoimts dra\^^l out by the partners 45,817 3 11 By portion of the late Mr. Prescott's cajntal 'paid to his executors £30,000 By ditto, now due 25,963 8 55,903 8 Bv estimated losses in 1857, by doubtful and 'bad debts, and bills receivable 13,72 1 15 2 By liabilities on bills that have been disho- noured wliicji ought to have been provided for by other parties 7,815 19 10 £220,772 2 10 TIic estate, it will be noticed, exhibits 20>;. in the pound, and a surplus of about £8,000. The assets and liabilities have been carefully examined, and Mr. Coleman asserts that there is every prospect of these results being realized. The operations of tlie house, which is of old standing and great respectability, have been con- ducted with prudence, and liave not been based upon irregular bill transactions or open credits, which have unfortunately distinguished many other recent cases. The debts due in Sweden are connected with firms of the highest character, the trading relations of Messrs. Rew, Prescott, and Co. abroad being of the most un- doubted description. The profits, during their trading of eleven years, have amounted to 182,000, or at tlie rate tf ,17,.'jOO a yi ar, and the drawings of the partners have been i45,000, or at the rate of .1' 4,1 50 a year, leaving .i37,000 to be carried to capital. Tlie losses during the last year, including liabilities on bills, amount to i,'21,540. It is proposed that Messrs. Kew, Prescott, and Co. shall con- tinue business, taking the management of their afairs entirely under their ow:i control, and that they shall pay 20.s. in the puuiul, with interest at the rate of five per cent., to the wdiolo of theii' creditnrs. Tlic fir.st jjaymcnt is to be 5.v. in cash, on or before the 31st of March, 1858, with subsequent distributions, at the rate of 2v. in the pound, at intervals as speedy as the realization of the assets will permit. Great sympathy was expressed for the position of the firm, and the resolutions approving of the plan of liquidation were moved hy Mr. Burmestcr, and seconded by Mr. Tottie. The estate was finally liquidated by payment in full with interest. APl'lCNDIX. clxXXV THE ESTATE OE MESSRS. ALBERT PELLT AND CO. A meeting of the creditors of Messrs. Albert Pelly and Co., engaged in the Norwe- gian trade, who failed on the 7th December, 18.57, was held on the 16th January, 1858, Mr. W. Tottie in the chair, when the following satisfactory statement was presented bj- Mr. G. H. Jay, the accountant : — Statement, Janvaey 16, 1858. DDBTOE. To sundry creditors — On open accounts £11,945 11 6 On our acceptances £2,286 11 1 2,286 14 1 To creditor for cash loan se- cured by Mr. A. Pelly ... £12,751 6 To liabihtics on om* accept- ances, given on account of the drawers, as per state- ment 84,31115 6 Wlio, it is expected, will be unable to retu-e them to the extent of... 10,000 To creditors for amount duo to them after retu-iug our acceptances in their favour, amounting to 20,659 16 1 7,081 7 14,232 5 7 Total acceptances £107,258 5 S 17,081 7 6 To liabilities on bills receiv- able £78,929 14 6 Of which it is estimated will prove claims 5,000 Total claims £36,316 13 1 To surplus 49,425 5 10 By cash at banlcers, viz. : — Bank of England £34 10 9 Barclay and Co 1,433 10 1 By bills receivable in hand £6,818 8 4 Considered good £5,444 13 3 Doubtful, £1,373 9*. Id., estimated at 10*. in the poimd 687 By sundry debtors — Secured £14,921 17 8 Unsecured 31,178 £85,741 18 11 £1,468 10 £6,131 13 3 £49,099 17 8 Considered good 31,687 4 Doubtfid, £14,412 13s. 8d., estimated atlO.y. inthepound 7,206 6 10 41,893 10 10 Carried forward £49,493 4 1 1 clxXXvi APPENDIX. Brought forvrarcl £10,493 -1 1 1 Bv private estates of the partners for csti- "mated surplus £49,000 Thereof less creditor seciu'ed thereon, per contra 12,751 G 36,218 11 Total assets £85,741 IS 11 Statement snowixG the Estimated Eesxtlt of the Firm's Opeeations FKOM JaXTJAEX 1 TO DECEMBER 7, 1857. To capital, January 1, 1857 £17,127 14 To balance of profit and loss to December 7, 1857 G,190 13 To private estates of partners included in statement of assets ... 49,000 £72,318 CliEDITOR. By claims anticipated to be made on om' acceptances in favom- of drawers unable to retire them £10,000 By claims anticipated in respect of bills receivable considered bad 5,000 By loss anticipated in realizmg the bills receivable in hand 686 15 1 By loss anticipated in realizmg the debts due 7,206 6 10 By partners' drawings, nil By balance bei:ig present surplus as per statement of affairs 49, 125 5 10 £72,318 7 9 Tlie estate thus exhibited debts and liabilities of £36,31G, and assets £85,741, or 20s. in the pound, with a surplus of £49,425. It vras explained that the account had been drawn out M-itli great cave, and tliat there was every expectation of the assets producing the aniounis respectively set forth. The suspension was solely occasioned by the crisis, the capital on the 1st of January, 1S57, having been £17,127, and tlic private property of tlio partners £49,000. It will be noticed that this latter item now represents £86,248, and that it constitutes the piincipai proportion of the sur- plus. Very little discussion was entered into, but great sympathy was expressed for the position of the firm, who, like Messrs. Sevvells and Neck, and Messrs. Rew, Prescott, and Co., have suddenly been brought to the ground. Mr. Tecsdale, the Ic^al representative of the house, announced the proposal for the payment of the creditors. It was satisfaction in full for all demands, with interest at the rate of 5 per cent, per annum, by four equal instalments of 5s. in the pound, at six, twelve, eighteen, and twenty-four montlis, from the 25th day of February next; the exten- tension of this date being necessary to obtain the consent of the Noi wegian claimants. Messrs. All)ert Pelly and Co. were immediately to resume and carry on their busi- ness, and retain uncontrolled possession of tlieir affairs, the creditors declining to avail themselves of the privilege of appointing inspectors. The resolutions empower- ing the I'ulfdment of this arrangement were proposed by Mr. Boyson, and seconded by jMr. Penning. The payment of 20.v. in the pound was, under this agreement, effected. THE ESTATE OP MESSliS. T. II. ELMENHOEST AND CO. Tlie meeting of the creditors of Messrs. T. II. Elmenhorst and Co., who sus- pended on the 11th December, 1857, took place on the IGtIi January, 1858, when tiic annexed statement was presented by ]\ir. Quilter, of the firm of Messrs. (jniltcr. Ball, and Co., the accountants. It showed debts and liabilities equal to £11,167, APPENDIX. clxXXvii and assets £14,281, nomlnnlly sufficient to pay 205. in the pound, !\nd to leave a surplus of £3,114. The lioiise wns engaged in the Swedish and Norwegian trade, and the foiiiire was caused liy the suspension of other large establishments. The partners not being in a position to make a definitive offer, and an amount of bills having still to mature, it was agreed that the best course to adopt would be a li(luidution under inspection: — Statement, January 16, 1858. DEBTOR. To suncli'v creditors, as per statement £51G 15 2 To crcclilors fully secured, as per statement, viz. : — Estimated value of sccm-ity £1,000 Amount of claim 208 7 Hnryilns, ppr cojifra 791 13 5 To liabilities on acceptances, as per statement... 71, 180 11 G Of wliich claims are expected to arise on, say 8,816 9 S To liabilities on bills receivable, as per state- ment 47,537 17 1 Of which, considered bad 2,830 Less balances in the hands of bankers, held agamst liability 995 12 5 CEEDITOB. By bills receivable on hand — As per statement £G,359 14 5 Considered good 5,200 12 5 Doubtfid £1,159 2 Estimatedafc 579 11 1,834 7 7 £11,1G7 12 5 £5,780 3 By svindry debtors, as per statement^ Considered good 4,209 16 10 Considered bad £317 10 5 By surplus seciunties in the hands of creditor, per conira 791 13 5 £10,781 13 8 By dividends on the liabilities per contra, treated as claims, say Gs. 8d. in the pound thereon, viz. : — On acceptances 8,816 S On bills receivable 2,830 £11,616 9 8 Say 3,500 £14.281 13 8 The estate was realized, and produced 20.9. in the pound. THE ESTATE OE MESSRS. WILLIAM DEAY AXD CO. A meeting of the creditors of Messrs. William Dray and Co., agricultural Imple- ment makers, who failed on the 19th Dec, 1857, was held on the 19th Jan., 1868, when the following statement, prepared by Messrs. Tnrtpiand, Youngs, and Co., v.-as pre- clxXXviii AI'l'ENUlX. Ecntcd. On tlie part of tlic debtor nn offer of 10s. in the pound was made, and a committee of creditors was appointed to investigate and report to an adjourned meeting. Statemint, jAXVAi^r 19, 1858. DEBTOE. To creditors unsecxived £11,516 5 8 To creditors lioldiiig seciii'ity partly covered ... dCl,8S7 17 7 Deduct estimated value of security 1,350 To creditors fidly covered 4,39:i 1 2 (See contra.) To liabilities on bills receivable, expected to become claims against theestate 51-7 3 To liabilities to bankers on overdrawn accoimts, and on bills receivable, expected to become claims against the estate £5,515 1 2 Less estimated value of securit v 3,652 13 9 1,862 7 5 To liabilities to Deane, Dray, and Co., miccrtain as to amount until the partnership accounts arc closed Totalliabilities £44,493 13 8 CEEDITOH. By debtors, good £8,605 11 2 Less 10 per ceut 860 11 7,745 2 33y creditors, doubtful £914 17 5 Estimated to realize 250 By ditto, bad 1,518 17 8 By distillerv accomits 4,355 2 1 Estimated to realize 2,000 Bycashinhand ISO 2 By stock at Swan Lane and various warehouses 5,431 19 10 Bv stock and debts at Paris 2,160 12 10 ' Ditto at Vienna 350 Ditto at Farningham 2,148 17 By farming stock at Faraingham 4,053 Bv horses and carts in Lo)idon 501 7 8 By shares in Oxford Distillery 300 By consignments, estimated at 370 By property held by creditors 4,550 Deduct amount of t heir claims 4, 392 4 2 157 15 10 By lease of farm at Farningham By lease of warehouse. Swan Lane By licenses of distillery patent £25,948 15 4 Deduct creditors to be paid in full amount, iindcv £5, rcnf, (axes, etc 793 1 5 Totalassets £25,155 13 11 THE ESTATE OF MESSRS. POWLES BEOTIIEES AND CO. A meeting of creditors of Messrs. Powles Brothers and Co., South American mcrcliants, whose suspension was announced on the 4th of November, 1867, was APPENDIX. clxxxix lield on the 19tli of January, 1858, wlien tlie following bulance-slieet was sub- mitted by Mr. Moates, the accountant: — Statement, January 19, 1858. DEBTOR. To creditors unsecured £15-t,411 7 To creditors secured — Claims £18,38i G 1 Value of secm-itv 15,267 10 3,11G 10 1 To liability on bills bearing our endorsement, ■which will be paid by the acceptor at maturity 14,823 18 5 To liability on bills -which are expected to be proved on this estate...: 2,811 9 10 £160,369 12 6 CREDITOR. By cash in hand £13 11 11 By bills receivable in hand, accepted 2,902 4 5 „ unaccepted £6,485 Bv shares 908 5 By book debts 62,787 12 10 By capital iu fii-ms in New Granada 20,738 18 2 £87,350 15 4 Lesg rent, taxes, and small debts, proposed to be paid in full... 100 £87,250 15 4 By value of private estate, estimated at 1,000 £88,250 15 4 The dividend will thus be rather more than 10s. in the pound, but will depend upon the fair realization of the assets in South America, which form a large portion of the estate. Liabilities may also accrue from Mr. Powles being a shareholder in several companies which are now in process of liquidation. It was resolved to wind-up the concern under inspection. THE ESTATE OF MESSES. KIESEE AND CO. A meeting of the creditors of Messrs. Kieser and Co., lately engaged in the continental trade, who failed on the ord December, 1857, was held on the 20th January, 1858, Mr. Valentine Corric in the chair, when the following statement, prepared by Mr. G. H. J.ay, the accountant, was presented : — Statement, January 20, 1858. rr 1 T. DEBTOR. lo sundiy creditors — Open account £1,435 17 1 Brokerage commission and exchange 650 Grunelius and Co., subject to theii* retu'ing om* drafts on them 2,410 5 8 • £kJOG 2 9 To sundry creditors partially secured — Amount of claim .' £2,523 8 3 Seciu'ities estimated at 2,311 16 2 181 12 1 Carried for ^vavd £4,677 14 1 CXC APPENDIX. Brought fonvavd £t,G77 11 10 To sundrv creditors fidlv secured — Amoun^t of clabn ....'. £2,G00 Securities estimated iit 2,839 II 5 Surplus carried to co«^;'a £239 14 5 To liabilities (oiu* acceptances) £18,660 7 6 Less amount accepted for, and since retired by drawers £8,656 6 Loss amount accepted for, and ■will be retired by drawers at matm-ity 1,100 Less amount accepted against secm-itics lodged in the hands of Jacob and Son, and which arc reported of sufllcient value 4,500 Leaving to rank upon the estate 4,104 1 6 4,104 1 6 £18,660 7 G To UabiHties on bills receivable — Foreign drafts , £22,201 16 7 Considered good 12,259 15 9 £9,942 10 Less securities held against Messrs. Depen- dorff's di-afts for 2,356 8 1 7,585 17 9 Less inland bills, considered good £4,331 9 5 Note. — Cash held by Messrs. Cohen, against £3,964 3.9. 5f/. of the above, carried to co»/rrt 1,200 To liabiUties on suuch-y open contracts, estimated at 900 £17,207 14 1 By cash at bankers' and in the house £2,160 2 3 By biUs receivable, considered good 2,309 2 8 By sundry merchandise — In hand, at market value £5,581 15 4 Sundries, estimated at 100 By sundry debtors — Considered good £3,185 16 11 Doubtful £392 15 9 Estunatedat 200 Bad 260 5 3 5,684 15 1 3,685 16 11 By suii^lus value of securities held by creditors, per contra 239 14 By surplus to bo received of Messrs. Cohen, j^;e/- co«/;vf " 1,200 £15,279 11 7 Note. — Further assets may be expected to arise from reclamations to be made on other parties tin-ough whose suspension claims liavo arisen jicr contra, and the amount, as far as at present can be ascertained, will enable Messrs. Kicscr and Co. to pay 20a. in the pound. Although the liabilities of the firm represent about X'50,000, the amount which will be proved against the estate is not likely to exceed i'17,267. The assets arc expected to realize 20.v. in the pound; but the creditors appear inclined to refuse the acceptance of more than 17.v. High testimony was all'orded to the conduct of Mr. Kicser, whose transactions have been regulated by a scrupulous regard to APPENDIX, CXCl honour. The faihire has been caused by tlie Hamburg disasters ; but notwithstand- ing tlie iirm could have proceeded lor some months longer, it was considered essential for the interests of the body of the creditors to suspend. At the termination of the proceedings most favourable resolutions were passed, of which the subjoined is an abstract: — " That the partnership now subsisting between Messrs. Kieser and Jacob being dissolved, Mr. Kieser be at liberty to resume and carry on his business; and that the creditors, notwithstanding the desire of Mr. Kieser to undertake the payment of 20s. in the pound, accept payment of their demand by three instalments, amounting together to 17s. in the pound; the first 10^. in the pound, on the sanction of the creditors being obtained to this arrangement; the second of 3s. Gd. in the pound at four calendar months; and the third and last instalment of 3s. 6d. at eight calendar months from the date thereof. That the creditors beg to express their sympathy with Mr. Kieser under his present position, and their entire approval of his conduct throughout." Au eventual settlement of 12s, 8c/. in the pound was accomplished. THE ESTATE OF MESSES. HEEMANN, COX, AND CO. A meeting of the creditors of Messrs. Hermann, Cox, and Co., engaged in business as general merchants, who suspended on the Ist of December, 1857, was held on the 21st of January, 1858, when the following statements were presented by Mr. Ball, of tlie firm of Messrs. Quilter, Ball, and Co., the accountants:— Statement, January 21, 1858. DEBTOR, To sundiy creditors imsecured £88,53117 2 To creditors partially secured — Amount of claims £52,546 7 5 Less cstuna ted value of security 39,852 17 12,093 10 5 To creditors fully secured — Estimated value of secm-ity £7,800 18 1 Less amount of claims 6,506 10 Sui-plus £794. 7 7 To liabilities on bUls receivable — Outstanding amount £244,224 5 Estimated to prove clauus on 1 he estate £42,302 19 1 Less cash and secvu'ities deposited 2,080 19 5 40,221 19 G To liabilities on acceptances outstanding £64,536 2 2 Estimated to j^rove claims on the estate for 4,464 6 2 Estuuated claims in respect of goods piu-cliasod 9,000 £154,911 13 3 CREDITOR. By cash and good bills on hand £14,950 2 G By sundiT debtors — Considered good 38,549 3 Considered doubtful £52,095 13 6 Estimated at 65. 8t?. in the pound 17,365 4 G Estimated bad £17,168 7 7 By sundry merchandise on hand 13,320 11 2 Carried forwavd £84,185 1 2 CXCU APPENDIX. Brought forward £84,185 1 2 Bj surplus securities, juf;- roH/ya 794 7 7 By consignment to Sydney 400 £85,379 8 9 Less rent, salaries, etc., payable in full 250 £85,129 8 9 Deficienev G9,782 4 (> £151,011 13 3 I^ofe. — Since the suspension, the cash and short bills in hand have been increased by merchan- dise sold and debts collected to ' £31,037 2 10 Statement accocntino tor tub DEFiciExcr. DEBTOR. To deficiency 1st December, 1857, as per statement of all'airs £G9,782 4 G To capital, ist January, 1857 40,410 3 11 Profits, viz. : — Commission £7,900 19 11 Cotton 280 10 2 Insurance 94 9 7 Interest 425 11 6 Suncbies 5,087 10 9 13,789 1 11 £123,981 10 4 CREDITOR. By trade charges — London and Liverpool £5,G91 3 2 U. Cox's drawings 2,0G7 G 11 7,758 10 1 By sundry losses on produce 8,556 IS 5 By bad and doubtful debts, viz. : — Estimated loss on doubtful £34,730 9 Bad 17,168 7 7 51,898 IG 7 By liabilities proved bad 47,767 5 3 By estimated claims in respect of goods purchased 8,000 £123,981 10 1. Tlie estate, it was explained, showed about lis. in the pound, but there was every reasonable prospect of lO*-. being secured. The assets already in hand were sufficient to pay a dividend of 4,s-., hut a distribution could not be made until the whole of tlie liabilities shall have run oil". March was the period wlicn the result in this respect would be ascertained, though the total was diniitiished by L1G0,000. The estimate of the doubtful debts was taken on a fair average; and the assets since the failure had increased, through the sale of mercliandisc and the collection of debts. The cause of the suspension was heavy lo.*ses through the depreciation of produce, etc., the cqiital on the 1st of January, 1857, having been .l'4t),000. The jjroposal made by Jlr. Hollams, the profe sional representative of the firm, was a li(iuidati()n, through the process of inspection, which was generally assented to, and some of the creditors were appointed to act on belialf of the general body. A dividend of 4s. in the pound has bein distributed. ArrENDIX. CXCIU THE ESTATE OF MESSES. BISCIIOFF, BEEE, AND CO. A meeting of the creditors of Messrs. BIschoff, Beer, and Co., engaged aa mer- chants in London, Switzerhmd, and Calcutta, who failed in November, 1857, was lield on tho 27tli January, 1858, wlicn the following statement was presented by Mr. Weisc, of the fu'm of Messrs. J. E. Coleman and Co., the accountants : — Statement, Januaey 27, 1858. DEBTOR. To ercflitors on open accounts JC7,358 9 3 To creditors on bills payable £15,038 2 1 Amount expected to be taken up by other parties Amount expected to rank on this estate 14,007 19 G To creditors holding secui'ity — Secm'ities lield Amount of claim Surplus to co»^ra £377 7 G To liabilities on bills — Eeceivable discounted £29,042 8 1 Of which it is expected there will be paid at maturity 15,G94 2 Leaving to rank on tliis estate 13,348 7 11 1,030 2 7 2,951 2,574 8 1 11 5 LiabUities £34,714 16 8 CEEDITOH. By assets, consisting of goods in London office, furniture, etc., £87 By debtors, good 2,291 10 5 By ditto, doubtful, estimated to produce 1 IG 12 9 By sm'plus secm'ities with creditors, per contra 377 7 G By consignments, etc 1,928 IS 9 By amoiuit due fi-om Bischoflf and Co., of Cal- cutta £11,G5S 9 11 Less amount due to Bischoff and Co., of Teufen, Switzerland ' 1,953 9 11 9,705 £14,53G 9 5 Less amounts under £10, and to be paid in full 127 12 11 Assets £14,408 10 G General Balance Statement from JANtTAEY 1855, to Notembep. 2G, 1857. DEBTOR. To liabilities as above £34,714 IG 8 To amount standmg to the credit of P. Beer 229 7 £34,944 3 8 By assets as above £14,408 10 G By losses by doubtful and bad debts 1,480 10 2 By ])rofit and loss balance 5j/0G 9 1 By liabilities on bills receivable discounted , 13,348 7 11 £34,9 1 1 3 8 CXCIV APPENDIX. It Avas stated that, although a longer time had elapsed tlian usual ia convening a meeting, it had not arisen I'rom any irregularity in the accounts, hut solely from a desire to ascertain the position of the houses at Calcutta and Teufen, in order that the creditors of the London estahlishmciit niiglit have the henefit of any assets to be received tliencc. It appeared that Mr. BiscliofF had since arrived from Teufen, and Lad explained that if time was allowed the Calcutta house, there -was every prospect of realizing nearly the entire amount which that lirm was indebted to the Loudon partners. Mr. Weise having entered into the full details of the statement, intimated that Messrs. Bischofif, Beer, aud Co. of course placed tliemselves unre- servedly in the hands of their creditors, either to liquidate under inspection, or through any other medium which might be thought advantageous. Looking, how- ever, to the nature of the assets, the greater part depending on the Calcutta house, which, if at all pressed or interfered with, would probably not show favourable results, it was considered advisable to request Messrs. Bischoff, Beer, aud Co. to bo pi'epared with au offer to pay a composition, and to retain the management of the estate themselves. The proposal was a payment of 7*. 6i. in the pound, by instal- ments of 24'. at two months, Is. at five months, 2<. at eight months, and Is. 6(/. at ten mouths, the last to be secured, which was ultimately accepted. In answer to questions, it was stated by Mr. Nicholson, the legal representative of the firm, that the establishments in Calcutta and Switzerland had suspended, laid that the security for the last instalment would be approved to the satisfaction of the creditors. The house in Loudon commenced without any capital, and it stood in the relation of an agency between the firm in Teufen (who were manufacturers of Swiss goods, and who exported at the rate of from it'30,000 to £40,000 a year) and the firm iu India. At the conclusion of the proceedings, two inspectors were appointed until the payment of the first instalment, and the approval of the security for the last. The estate eventually paid 7*. 6/. in the pouud. THE ESTATE OE MK. PETER BEOAVN. At a meeting, ou the 2iid Fcbi'uary, 1858, of the creditors of Mr. Peter Brown, engaged in business as a carpet warehouseman, who failed on the 21st Januarj-, the following satisfactory statement, showing 20^. in the pound, with a surplus, was presented by Mr. Turquand, of the firm of Messrs. Turquand, Youngs, aud Co., the accountants : — hJxATEilE^'T, FjiBlilTAKY 2, 1858. DEUTOr.. To creditora imsecm-ecl £29,G30 5 5 To creditors holdirig security (see cowfra) i;l,181 4 1 To liabilities on bills payable over and above amounts included in creditors 415 15 8 To liabihtics on bills receivable 1G,148 10 Considered good 15,09116 4 Expected to be clamied against the estate ,,,... 45G 13 8 £30,532 14 9 Surplus carried down 7,719 5 £38,251 15 2 CllEDITOlJ. By debtors — Good £7,966 15 10 Doubtful G38 11 Estimated to pi'oduco 159 10 Bad .' 1,091 18 10 By cash in hand 25 By biUs receivable in hand 157 12 10 Carried forward £8,308 1 8 8 APPENDIX. CXCV Brought Ibrwaid CS,308 18 8 By bills deposited with the bankors — Considered good 5,037 18 1 Less amount advanced thereon 2fid() 8 4 l',:ji.7 1) By stock and fixtures 2i,0!0 110 By property 1,3^0 By ihtto, in the hands ol' creditors £3,825 9 11 Less amount of their claims 1,181 4 -1 ■ 2,614 5 7 By bills taken as liabililics, ^Jc=r co«/;'a 445 15 8 •15G 13 8 £002 9' ■]. Amount likely to be recovered , 580 19 4 £38,251 15 2 Surplus £7,719 5 It was explained that the position of the debtor had been principally produced by the pressui-e of one creditor, and that, although the estate exhibited such a favourable ])rospeet, there was no other resource than to adopt the present proceed- ings. Mr. Brown, it appeared, commenced business in 1851 with £300, and had since gradually extended his connection until the present period, when his accounts showed 20s. in the pound, with a surplus of £7,700. Universal testimony was oilered to his straightforward conduct and economical expenditure, his drawings having only been £250 par annum. Mr. J. Linklater, as his legal representative, stated that it was at iirst thought that a proposal for the payment of 20*. in the pound, by instalments of 5s. in three, six, nine, and twelve months, with interest at the rate of five per cent., should be made, but that Mr. Brown considered payments at four, eight, twelve, and sixteen months would better meet his con- venience, if the creditors had no objection. A liquidation under this arrangement, was then unanimously agreed to, and full confidence being reposed in Mr. Brown, it was considered umiccessary to appoint inspectors. Payment of all debts was eventually effi^cted at the I'ate of 20.y. in the pound. THE ESTATE OP MESSES. IIENRT IIOEEMANiV AND CO. A meeting of the creditors of Messrs. Henry Hofi'raann and Co., engaged in business as general merchants, who failed on the 30tli November, 1857, was held on tlie 3rd of February, 1S58, when the following statement was presented l)y Mr. J. E. Coleman, of the firm of Messrs. Coleman and Co., the accountants : — Statement, Febetjaiu' 3, 1838. DEBTOiJ. To cvc.litors on open accounts £12,155 3 To ditto, on bills payable £108,639 13 9 Of wliich it is expected thei'e will be pro- vided for by the parties for whose account the biUs were accepted 49,632 12 1 Leaving to rank on this estate 5i),007 1 o To creditors fully seciu'ed — Secmdty held £13,136 12 1 Claims 12,018 18 Surplus, which will be retained against bills discoimted £1,417 14 1 Camed fonvard £71 1G2 2 4 cxcvi ArrEXDix. Brought forward £71,102 2 4 To creditors parluiUv secured — Claiuis £G0,91G 5 2 Securities held ..'. 41,66116 2 Deficieuey — -^ 10,254 9 To liabilities on bills receivable, discounted . . . £221,905 G 7 Of which it is expected there will be duly honoured, or taken up by the di-awers ... 185,321 10 10 Leaving to rank on this estate 36,583 15 9 £124,000 7 1 Liability as shareholder in the Australian Auxiliary Steam Clipper Company (Limited.) CKEDITOK. By cash and bills on hand £215 5 •!■ By smidry assets, consisting of consignments, etc 2,0 14 3 G By debtors, good 19,115 11 3 Estimated amount due to H. Hoffmann, as partner in thcfmns of Ivii'chner, Sharp, and Co., of Melbourne, and Kirchncr and Co., of Sydney, accruing ti-om his share of profits 30,000 Amount for -which parties will bo debtors after they retire the drafts accepted for their accoimts 858 1 1 £52,233 1 2 Less creditors imdcr £10, and amoimts to be paid in fidl 213 9 6 £51,989 11 S GO sliares in the Austrahan Auxiliary Steam CHpper Company (Limited), £10 paid £6,000 300 tUtto, ditto, £15 paid 4,500 £10,500 Gexeh.\l Balanci: troji JAxuAiiY 1, 1850, to Kovembee 30, 1857. DEBTOK. To Habilitles as above £124,000 7 1 To capital hi the firm of II. Hollmann and Co. £1,152 16 To ditto, in the firms of Kirchner and Co., of Svdney, and Kirchner, Sharp, and Co., of Mclbom-ne 30,000 . 31,152 16 Toprofits 68,645 13 5 £223,798 16 6 By assets, as above £51,989 11 8 By shares in the Australian Auxiliary Steam 'Clipper Company £10,500 Bv ditto, Australian, London, and Emigration "Company 2,500 13,000 By sundry bills upon failed houses 4,010 2 10 By surplus secvu'jties in the hands of creditors held against bills discounted 1,417 14 1 By personal ex))cnses for eight years 11,910 10 3 By trade ditto for eight years '. 17,997 8 10 By losses ' 58,372 2 By estimated losses from bad and doubtful debts on Nov. 30, 1857 28,487 11 1 By liabililies on bills receivable discounted, contra 36,583 15 9 £223,798 16 6 .vrrKNDix. cxcvu It was stated by Mr. Coleman tliattlie cause of tlic failiu-c in this case was the pressure of the period, and the suspension of other houses with which tlic firm ■was connected. The amount of hills ])ayahle likely to rank upon the estate was £59,000, and it principally arose from the adoption of the system whicli liad liitherto pi'ovcd so fatal, viz., that of open credits. The connection of Jlessrs. IIofTmann and Co. with Messrs. Rugin and Hoffmann, of Zurich, who had since failed, would still leave the latter creditors on this estate, throu,(i;h the account current, and bills for whicli they were liable, for upwards of iCoO,000, after deducting the total of tlie securities, was then valued. The assets, consisting of consignments, might be realized, and it was hoped that tlio amount of good debts would be secured, but the greater part of these had to be collected from abroad. The principal amount of £30,000, which was exhibited on the creditor side of the account, was the esti- mated sum due to ilr. II. Iloflmanu, as partner in the firms of Messrs. Kirchner, Shai'p, and Co., of Melbourne, and Messrs. Kirchner and Co., of Sidney. It Ava.s stated that there was no distinct articles of partnership existing between these respective parties, but that the correspondence showed the actual position in which they stood in relation to each other. Although no regular accounts had been furnished, some statemont.s were in existence which led to the presumption that Mr. Hoffmann was entitled to about £40,000, and, making allowance for bad debts, which might have since been incurred, the ovitstanding balance was taken at £30,000. It was alleged that the object of the debtor had, for several years past, been to concentrate his connections in Australia and California, believing that from those resources he would make a favourable position. He was also a share- holder to the extent of £10,500 in the Australian Auxiliary Steam Clipper Company and, notwithstanding assiiranccs had been given that the liquidation would bo satisfactory, it had not been considered advisable to place them at any value in the usual category of assets. As four-fifths of the amount estimated to bo realized depended upon the Australian partnership, it was thought that the presence of Mr. Hoffmann in Port Philip and New South Wales might expedite remittances, and since Mr. Kirchner, who was then staying in Germany, was about shortly to return to Australia, it was suggested that Mr. Hoffmann should also proceed tliitlior. The firms in Australia were understood to bo thoroughly solvent. In answer to a ques- tion, Mr. Nicholson, the legal representative of the debtor, intimated that there was no question but that the partnership was valid. After some general conversation, in which the opinion of the creditors appeai'ed to be in favour of Mr. Hoffmann pro- ceeding abroad to arrange with the Sydney and Port Philip firms, for the trans- mission of his share of profits, resolutions were passed agreeing to a liquidation under inspection, and Mr Cahlmann and Mr. Drcutlcr were appointed to act on behalf of the general body. THE ESTATE OP INIE. CHAELES FAUNTLEROY. A meeting of the creditors of Mr. Charles Fauntleroy, engaged in the wool trade, who failed on the 31st December, 1857, was held on the 5th February, 1858, Mr. Barber in the chair, when the following statement was presented by Mr. Quilter, of the firm of Messrs. Quilter, Ball, and Co., the accountants: — Statejiext, FEBiirARY 5, 1858. DEBTOR. To creditors iinsccuved £19,212 18 10 To creditors partially secured — Amount of claims £95,408 Less estimated value of securities 4 l',Gll 3 To creditors fully secured — Esthnated value of securities £14,371 17 7 Less amount of claims 12,972 12 8 50,790 10 Surplus £1=399 4 11 Curried forward £70,039 15 4 CXCVUl AITEXDIX. Brought forward £70,039 1 5 4 To liabilities on acceptances, as per list 5,409 14 5 EstLinatecl claims iu respect tliei'eof 2,693 10 4 To liabilities on bills receivable, as per list £13,635 15 2 Estimated claims in respect thereof 3,609 14 £76,342 19 8 CREDITOH. T.y cash in hand £41 19 1 By bills receivable on hand, considered good 484 8 By ditto, bad £430 11 By sundry debtors, considered good 2,464 6 7 By ditto, doubtful 1,13G 19 5 Estimated to prodiice 284 4 10 By ditto, bad 404 10 2 By stock of wool in hand G.64G 13 4 By niiuiiig sbares, estimated value 1,429 3 9 By house and office furniture, estimated value 900 By surplus securities in hands of ci'editors, per contra 1,399 4 11 By plant and utensils at JIarket Harborougb, Coleman Street, and Bermondsey Less creditors to be paid in full 2,000 £15,649 13 157 16 2 9 £15,491 16 5 The debts and liabilities being £76,842, and the assets £15,491, a rlividend of about 4?. in the pound was exhibited, which, it was thouglit, with careful manage- ment, might be realized. The connection of the insolvent with Messrs. Haigh and Jlessrs. W. Cheesbroiigh and Son, of course raised suspicions v.'ith respect to his trading; but, although the debt due by him in tlie one case is £20,000, and in ihc other, £28,000, the amount of accommodation paper, properly so called, has been limited. About eighteen months since, the insolvent possessed a capital of £35,000; but the depreciation in wool, and extensive operations in English mining shares, liave absorbed the whole, leaving, in addition, a serious deficiency. The books throughout have been very l)ad!y kept ; and, notwithstanding several of the creditors appear to consider that the insolvent has not been actuated by improper motives, his conduct in this i-espect was severely censured. The question of an administration under bankruptcy was raised, but it was stated that the present system would involve too great an outlay. A suggestion was offered with a view of promoting reform in this direction; but, after some discussion, it was agreed to effect a liquidation under inspection. THE ESTATE OF IVIESSES. B. 0. T. aEAY AND SONS. A meeting of the creditors of Messrs. B. C. T. Gray and Sons, Canadian mer- chants, wlio failed on the 13th January, 1858, was held on the lOtli February, Mr. II. Lancaster in the chair, when the following statement Avas presented by Mr. Quilter, of the firm of Messrs. Quilter, Ball, and Co., the accountants : — Statement, FEBRrABY 10, 1858. DEBTOR. To creditors unsecui-ed £27,773 19 3 Deduct estimated amount of interest, commis- sions, and charges to be placed to sundry accounts 800 £26,973 19 3 To creditors partially secured — Amount of claims £.5,929 6 4 Estimated value of security 4,750 Deficiency 1,179 6 4 Carried forward £28,153 5 7 APFENDIX. CXcix Brought forward £28,153 5 7 To creclltoi'3 fully secured — Estimated value of security £8,660 4 1 Amount of claims 7,965 9 11 Surplus, ;jer contra £694 14 2 To liabilities on acceptances running £72,722 19 4 Of which it is cstunated will prore clauns on this estate 9,215 To liabilities on bills receivable, considered good £48,056 7 8 By cash in hand £283 8 By cash at bankers' 329 13 By bills receivable — Considered good :ei,023 3 Ditto, doubtful £112 10 Estimated to produc3 60 £37,368 5 7 £612 2 1,083 3 By debtors — Considered good £1G,221 8 5 Ditto, doubtful and bad ... £17,216 13 3 Estimated to produce 1,263 y 17,481 9 1 By merchandise on hand, estimated value 1 ,20 1 15 6 By surplus securities in hands of creditors, per contra 69114 2 By 4-61th3 of ship " Queen of the Lalces," estimated A'aluo 320 By life policies, estimated value 400 By sea ins\irance policies 120 16 7 By land in Australia and New Zealand, value cannot be estimated £21,920 4 By deficiency 15,448 5 3 £37,368 5 7 Tlio debts and liabilities, according to this account, stood at ,i'37,368, and tbo assets at £21,929, sliowiug a dividend of about 12s. in the pound. It was, however, not expected that this amount v/ould bo fully raali/.ed, a considerable portion of tlio assets being due from mercantile housos in St. Vincent's and Bermuda. The cause of suspension was alleged to have been the absence of remittances from Halifax. The capital on the Ist of January, 1857, was ^'14,434, and the transactions of the firm had, on the whole, been regular. Some open credits had existed in favour of establishments abroad, but produce had generally been forwarded to meet the drafts. Among the secured creditors were personal friends, wlio advanced £6^000 shortly before the pressure of the period compelled the firm to suspend. The debtors not being in a position to make an offer, left themselves entirely in the ban Is of the creditors, and, tlu'ough Mr. Ellis, their solicitor, expre.Bsod their readiness either to submit to bankruptcy or to agree to a liquidation by the process of inspection. The majority of the creditors intimated that the latter would be the pi'oper course to pursue, and, in accordance with this opinion, resolutions were passed, authorizing the arrangement, and appointing two creditors to represent the general body. THE ESTATE OE MESSES. COTTON AIST) TRUEMAN. A meeting of the creditors of Messrs. Cotton and Trueman, metal brokers, who failed on the 20th November, 1857, was held on the 15th February', 1858, when the following statement was presented by Mr. G. H. Jay, the accountant : — CC APPENDIX. Statement, Febettaey 15, 1858. DEBTOR. To sundry creditoi*s — Unsecured, per list £1,000 12 Underwriting accounts 903 9 £l,90i 1 10 To creditors holding securities, as per state- ment, claims £37,949 8 2 Deduct estimated value of metals and shares held as security 35,470 11 8 — ■ 2,478 10 G To habihties on bills payable, per list, amount- ing to .' £71,290 8 8 To be met by the drawers, who will then have claims amounting to 9,219 6 S To liability on bills payable, accepted for the Mexican and South American Company, per statement .' 10,000 Which it is expected this estate will be rchevcd from by the Company liquidat- ing in full. To liabilities receivable, as per list 41,080 17 9 Of which ^^ill be proved 2,954 To liability on underwriting Estimated risks '. 300,000 To liabihty on joint and several promissory notes for £3,000, estimated share of liability in respect thereof Less creditors to be paid m fuU. 5U0 £17,056 5 590 7 £10,459 17 G £190 18 459 2 11 CREDITOR. Ey cash at bankers' 13y biUs receivable — In hand, considered good By promissory notes of the IMcxican and South American Company £13,932 11 G To be given xip on payment of bills ac- cepted for £10,000, and balance of ac- count current for £4,041 2*. 7d. By s\mdry debtors, per hst — Considered good £3,753 15 G Allowed 10 per cent 375 2 G 3,378 13 Mexican and South Amei-ican Company, balance due .'.. 4,041 2 7 7,419 15 7 By stock of copper in hand, estimated at 5,300 By counting-house furniture, estimated at 100 By private projiertv, considered worth 1,080 By 4,800 "Wheal Tor shares, cost £7 per share. . . £33,000 By premiums due on luulerwviting account ... '1,303 12 5 £1.5,155 10 G Less creditors and expenses to be paid in full 1,090 7 G £14,059 9 AITENDIX. CCl It was explainod tliat tlic accounts showed about 17.?. in tlie pouud, but tliat there was the expectation of 2().')'. being obtained. Tlic failure was caused by tlie breaking-up of the Mexican and South American Association, to whom the debtors were brokers, and for wliom they had conic under engagements to tlie extent of £1(5,000. The firm originally possessed a capital of £'33,600, -whicli was invested in the Wheal Vor Mines. The assets would be increased by any rise which might take place in the price of metals, and the balance due from the Mexican and South American Company would be recovered, as, under the operation of the Winding-up Act, the contributors must provide for tlie outstanding claims. After some discussion, it \s-a3 agreed to placj the estate under tlic process of inspection, and sympathy was expressed for the position in wliich the firm was placed. THE ESTATE OF 3IESSE8. HEINE, SEMON, AND CO. A meeting of the creditors of Messrs. Heine, Scmon, and Co., bankers and exchange brokers, who suspended on the 10th December, 1S57, was held on the 17th February, 1858, Mr. J. II. W. Schroeder in the chair, when the following satis- factory statement, exhibiting a surplus of £52,832, was presented by Mr. Turquand, of the firm of Messrs. Turquand, Youngs, and Co.: — Statement, FEBurAKY 17, 1858. DEBTOR. To creditors imsccurcd — Open accounts £15,115 3 9 Ellis payable 42,353 11 6 £57,168 18 3 To creditors ]>artially sceiuvd — Amount of claims £9,316 6 Value of securities 3,913 10 To creditors fully secured — A'aluc of securities ^33,263 2 4 Amount of claims 28,734 15 1 Siu'plus taken as an asset, per contra £4,528 7 3 To liabUitics on bills payable £517,709 19 10 Acceptedfor accoimt of par- ties who are creditors, subject to their retiring such acceptances 290,157 6 8 Returned and cancelled ... £198,301 11 11 Guaranteed 10,401 4 2 208,702 16 1 Leaving outstanding £81,454 10 7 AVliich will all be retired by the cb-awers. Accepted on account of par- tics who are debtors, after rctu'ing such ac- ceptances 227,552 13 2 Returned and cancelled ... £187,845 16 9 Guaranteed 300 11 6 188,116 11 3 Leaving outstanding £39,406 1 11 Carried forward £62,871 8 9 5,402 10 (3 £62,871 8 9 ecu AIPENDIX. brought forT\-ard £62;87l 8 9 Of ^ liich it is expected there will be claimed against the estate 8,780 To Uabilities ou bills receiv- able, discounted £508,514 15 9 To ditto on foreign bills ne- gotiated 371,104 11 8 £879,619 1 5 Eiin off, viz. : — Eills receivable £187,22113 8 Foreign bdls 352,077 19 Of -nbich there have been returned un- paid, and will be claimed against the estate, viz. : — Eills receivable £132 17 Foreign bills 21,300 To amount still running, viz. : — Bills receivable £22,093 2 1 Forcigubnis 18,226 12 8 40,319 14 9 £879,619 7 5 In respect of which it is anticipated tlicrc will not be any claim against the estate. 21,432 17 £93,084 5 9 To balance, being surplus of joint estate, carried down 37,832 11 £130,916 17 ] * CUEDITOK. 13y cash at bankers' and in liand £4,043 7 1 "Bills receivable in hand £49,382 19 10 By sundi'j foreign bills i-e- 'ceivablc £11,571 1 11 Estunated to reahze ... 12,000 12,000 61,382 19 10 Carried to losses £2,571 111 By sundry debtors — Considered good 36,000 Doubtful £1,582 11 6 Bad 971 10 7 £2,554 9 1 Estimated to realize 1,004 7 CaiTied to losses £1,554 2 1 By property £8,685 8 8 Estimated to realize 4,932 2 11 1,932 2 11 Carried to losses £3,753 5 9 By property held by creditors "fully covered, surplus as per contra ''1,528 7 3 Carried for^^•ard £110,886 17 1 APPENDIX. CClll Brouslit forward £110,886 17 1 By amount estimated to be recovered upon bills ti'eated as liabilities, viz. :— 20,030 Bills pavable £8,780 Bills receivable 21,132 17 £30,212 17 (A8 j^er contra.) £130,910 17 1 By balance, being surplus of joint estate brought downi £3/, 832 11 4 3H partners' pi'ivate estates estimated to realize — "Mr. R. Heine's 1,500 Mr. C. Semon's 13,500 £52,832 11 4 Statement showtno the Position of the Firm on the 31st of December, 1856, and accornting for present surplrs. debtor. To capital at credit of partners, Dec. 31, 1856 £48,293 10 10 Profit from Dec. *31, 1856, to Dec. 10, 1857, viz. : — To profit and loss accoimt, balance, sundries... £1,332 12 6 To interest, commission, etc £12,472 8 6 £13,805 1 Less expenses 1,55 1 13 8 To partners' private estates, as per statement of afllui-s, viz. : — Mr. E.Heine £1,500 Mr. C. Semou 13,500 12,250 7 4 ■ 15,000 £75,543 18 2 creditor. By partners' di'a\vings — R.Heine £1,034 9 4 C. Semon £1,372 10 9 Ditto, furniture 2,243 3,615 10 9 By losses on estimated realization of asset .^, as per statement of afiairs, viz. : — On foreign bills on hand £2,571 111 Ondebtors 1,554 2 1 Onproperty 3,753 5 9 By liabilities, viz. : — On biUs pavable £8,780 On bills receivable 21,432 17 £4,650 1 7,878 9 9 £30,212 17 Deduct amount estimated to be recovorod 20,030 10,182 17 By surplus, as per statement of affairs 52,832 1 1 4 £75,543 18 2 cciv .vrriiNDix. It was cxplaiueil by Mr. Tarquand that the reason of the mcctinp; having hcen so long deferred had arisen from the desh'e of Mcssi's. Heine, Semon, and Co. to ascertain the result of the hills running, heforc presenting a proposal for the arrangement of their estate. Being now in a condition to do so, tliey were able to exhibit Ter}- favourable accounts. As proving not only the care with which opern- tlons have been conducted, but as also showing tlic sound and satisfactory position of the business relations of the house, attention was directed to the debtor side of the statement. The total liabilities -which were running at the dale of the suspension were, on bills payable, upwards of .i'51 7,000, and on bills receivable i'50S,000, in addition to foreign bills negotiated, A'371,000. The total amount of bills not met, or which it was anticipated might not be met at maturity, in respect of these three items, was .=£'30,312, of which, out of the hills receivable, amounting to no less a sum than £'371,000, the loss figures only for the very small amount of il32 ; so that of liabilities amounting to nearly .4'1, 500,000, the comparatively limited amount of i'30,312 alone would rank against the estate, of which it was anticipated 4'20,000 would be recovered. Besides this amount of £30,312, Messrs. Heine and Semon Lad returned to them prior to their suspension foreign bills receivable, included among the assets, to the amoimt of £14,571. With respect to this total a recovery of X'12,000 was also anticipated, which would leave the entire loss on liabilities at only about i.'12,571. There was ahso another fact which it was thought right should be mentioned, viz., that the great bulk of the hills which had not been met, or were known to Messrs. Heine and Semon, would not be met, at maturity, at or before the date of their suspension. Since thsir stoppage on the 10th December, hills bearing the endorsement of Messrs. Heine and Semon had only been returned to the amount of 18,000, and bills receivable only to the amount of t2,900, for which ample security was held to cover them. Mr. Nicholson, the legal representative of the firm, in alluding to the causes whicli led to their suspension, stated that the decision had not been come to without mature rcllection, although the j'artners had received offers of assistance both from personal friends and the Bank of England. Painful as the alternative was, the liouse, having incurred large liabilities on bills and possessing extensive business relations with banks in Germanj^, considered that it would not be prudent to accept loans from friends, Avhich might be jeopardized by the current of events abroad. Altliough at that date they had every expectation of being enabled to exhibit as favourable a balance-sheet as now ])reseuted, still they could not but regard some circumstances with suspicion, especially when large special remittances were intercepted, and funds which they had a right to rely on failed to arrive in due course. Notwithstanding the partners had refrained from availing thcmselvesof the assistance offered, they nevertheless now desired to return their best thanks to those friends and to the Directors of the Bank of Enghmd for the overtures made at the time they found it necessary to cease payments. The proposal made by Messrs. Heine, Semon, and Co. was to pay 20^. in the pound, with interest at the rate of 5 per cent., on the 25th ^^larch ; but if certain arrange- ments then in progress could not be carried out, then the ilrm would on that date pay 10.J. in the pound in cash, and give their acceptances or promissory notes, payable at three months' date from the 25th ^Nlarch next, for the balance, with interest. It was, howevei*, considered that the full payment would be made in the manner and at the period described. Jlr. Melville moved, and Mr. Abegg seconded, the annexed resolution, which was unanimously passed, great sympathy being expressed at the unfortunate situation in Avhicli the firm has been temporarily placed : — "Kesolved unanimously, — That the proposal now made by Messrs. R. Heine, Semon, and Co. be accepted, and that the time necessary to carry the same into edect be granted. And the creditors now present do for themselves give, and recommend to absent creditors to give, to Messrs. R. Heine, Semon, and Co. free leave and license in as full and ample a manner as if a formal deed had been executed." Payment in fall, with interest, as proposed was cflccted. THE ESTATE OE I^IESSES. EOCHUSSEN AND CO. A meeting of the creditors of Messrs. Piochnssen and Co., who failed in the Mogadorc trade, was held ou the 26tli February, 1858, Mr. F. J. Price presiding. ArPEXDIX, ccv when the following statement was prescntcil by Mr. A. young, of tlie firm of Messrs. Tiiriiuanil, Youngs, and Co., the accountants : — . STATEMilNl', Fjn5RUAliY 2G, 1858. DEBTOR. To creditors on open aecounts £ t,GGl IG 4, „ on bills payable 11,105 5 4 To ci'editors seciu'cd — Value of security £800 Claims thereon 750 Surplus, ^j^'/' co« //-a ... £50 £10,127 1 S To liabilities on bills re- ceivable £2,023 7 7 Of which considered bad 483 8 2 To liabilities in respect of oiu' acceptance for balance of purchase money of "Pau- lina" steamer £7,575 Secured by mortgage of the steamer, which cost £9,150, but, if realized by bill-holders, may not pi'o- duce ". 5,000 £10,009 9 10 £2,575 £10,009 9 10 CSEDiXOE. By cash in hand £30 By bills receivable on hand, good 191 9 10 £221 9 10 By doubtful £1,583 11 Estunated to realize 227 17 By bad 222 18 4 By sunch'y debtors — Considered good 542 19 11 Doubtful 1,832 10 5 Estimated to reahze 508 3 Bad 37 3 4 By sundiy debtors on current accounts 3,745 2 10 Ilokhng goods on consignment, their ac- counts being debited with the prime cost of such goods. By consignments not yet realized, at cost price 1,590 By stock at wharves, etc 319 By olHce fimiiturc 50 'By sm'iAns, 2}er coiifra 50 By amounts in hands of creditors in anticipation ofchvidend 1,159 10 £8,143 19 10 Deduct crecHtors to be paid in full 181 7 8,259 19 3 By vendors of the " Paulina " 4,050 4 By amount of oiu- clabn for breach of contracr. £8,259 19 3 CCVl APPENDIX. The debts aud liabilities being ;C16,609, uiul the asseta £8,259, a dividend of about 10s. was presented, but as an iniliviJual cveditor had commenced proceedings against the insolvent, it was aij;reed that he should make an assignment to trustees, aud that the estate should be wound-up in bankruptcy under the Private Arrange- ment Act. The causes of his suspension were stated to be the absence of remittances from Mogadore, and his connection with the houses of Messrs. Leopold Sampson aud Messrs. Ward, of Liverpool, botli of which have failed. A claim exists against the vendors of the "Paulina" steamer of £4,056 for a breach of contract. The estates of the Liverpool tirnis would, it was believed, pay satisfactory dividends, and in this case the creditors of Messrs. Rochusscn and Co. were likely to obtain some benefit. Through an attempted arrangement, before the notice iu bankruptcy ^vas served upon the insolvent, he had endeavoured to effect a composition, and some parties therefore received small sums hi anticipation of dividend. The feeling of tlie creditors present was favourable to the proposed proceeding, and it was agreed that Mv. Price should act as trustee, iu conjunction with Mr. Graham, the official assi";uce. THE ESTATE OF MESSES. CHAELES WALTON AND SONS. A meeting of the creditors of Messrs. Cliarks "Walton and Sons, engnged in business as sliipbrokers, who failed on the 19th January, 1858, was held on the 16th March, Mr. Johnson presiding, when the following statement v.'as presented by Mr. J. E. Coleman: — • Statement, LIaech 15, 1858. DKBTOE. To creditors on open accounts £9,259 15 7 Ditto imderwritiug ditto 19,458 8 11 £28,718 4. G To creditors on bills payable £19,689 13 5 Less amount expected to be provided for by parties for whose account tlic biUs v.ere accepted 11,221 4 3 Leaving to rank on the estate 8,468 9 2 To creditors fidly seciu'ed — Securities held £23,610 Claims 18,138 C 8 Surplus to co;;7;-a £5,201 13 4 To creditors partially seciu-ed — Claims '. £14,634 3 5 Securities held 11,300 3,334 3 5 To liabilities on bills receivable, discoimtcd £29,012 IS 2 Of which it is expected tliei'c will be duly met at maturity 28,685 17 9 Leaving to rank on the estate 327 5 £40,847 17 6 CKEDITOR. Ey assetij, consisting of cash in hand, office fumitiu'c, etc £186 8 10 By debtors, good 3,139 10 4 By surplus seciu'ities with creditors, 2^0' contra 5,201 13 1 Carried forward £8,527 12 3 APPENDIX. CCVU Brought fonvavd £8,527 12 3 Leas credit 01-3 under jBlO, a:ul salaries, etc., to be paid in lull G28 19 7 dt7,8'J8 12 8 By amount due Iroui the eseeutord of C. Walton, deceased 8, 120 19 4 £16,319 12 Geneeal Balaxce-siieet EKora Apkil 15, 185G, to January 18, 1858. DEBTOa. To Uabilitics as above £40,817 17 G Toprofits 10,932 17 1 To amoinit due to the separate estate of C. Walton £3,866 6 8 Less amount standing to his debit 3,243 14 8 £622 12 To amount due to the separate estate of W. ^Valtou 1,451 6 2,073 12 6 CREDITOH. £53,854 7 1 By amoimt as above £16,319 12 By suspense account (amount paid into Court on account of t-liip "Hope") ^311 9 9 By partners' drawings 3,907 2 5 By amount paid for furniture, etc. , 669 7 By charges and expenses 5,881 4 3 By estimated loss on bad debts (new accounts) 4,063 4 9 By two-thirds estimated loss on bad debts (old accounts) 4,794 17 4 By losses on shipping, etc 17,580 9 2 By liabilities on bills receivable discomited , 327 5 £53,854 7 1 The accounts, it •will be noticed, showed debts and liabilities to the amount of £40,847, while the assets were not placed at a greater sum than £7,898. It was explained that the present was the residue of an old estate, for, notwithstanding the sons have been identified with tlie firm, the chief of the indebtedness arose tlu-ough the transactions of the father. At Lis death it was supposed he was a person of consideriiblc wealtli, and probate was taken out for £50,000 ; but it lUtimately appeared that his affairs were in an embarrassed condition, large losses having been incui-red through a Mr. Cochrane, in addition to the depreciation in the value of vessels. The dividend, according to the statement, was about 3*'. lOt^. in the pound, but it was believed 3.s. 6d. might be realized if a liquidation under inspection be resorted to. Both Charles and William Walton carried on business on separate account as underwriters, and these estates would have to be wound- up. No difficulty was likely to be experienced in the case of Charles Wallon, a committee of creditors at Lloyd's having arranged to adopt the liabilities in con- sideration u. / .ag allowed to deal with the assets, and a negotiation was pending for a similar settlement, if possible, with regard to the affairs of William Walton. The deficiency presented was thoroughly entered into, and it was shown to arise from bad debts, losses on vessels, and shipments to Australia. Mr. Ellis, the legal representative of the firm, intimated that ilcssrs. Walton were quite prepared to abide by any decision arrived at, and would, if necessary to facilitate proceedings in bankruptcy, sign a declaration of insolvency. At the same time, if it were wished, a liquidation by inspectorship could be pursued, and they would endeavour to realize at least to the extent of 3s. Gst, insurance, etc 9,103 14 11 — 14,555 8 4 €68,715 5 3 creditor. By estimated losses on realization of debtors . . . £27,239 6 3 By adventures 6,443 4 10 By shares in ships 3,257 13 £36,940 4 1 By habilities on bills payable 3,124 4 5 Statement of affairs — surplus 28,650 16 9 £68,715 5 3 The whole of the explanations were received as satisfactory, the ch-cumstances attending the suspension of the firm, and the connection between Messrs. Maitland, Ewing, and Co., and Messrs. Moncrieff, Grove, and Co., being fully entered into. Tlie last advices from Messrs. Moncrieff and Co., together with the personal testimony of one of the partners, Mr. King, led to the impression that that house was perfectly solvent, and able to meet the whole of its engagements. The position of the bill- holders created the only ditEculty, and these parties, represented by the London Joint-stock Bank, the Mercantile Bank of India, and the Agra and United Service Bank, requiring time for intelligence from China, a short adjournment was suggested. It was, however, intimated that such a proceeding could not be adopted without danger, since, as bills continue to become due, some of the small creditors might throw the estate into bankruptcy, which would seriously depreciate the assets. Besides, the situation of the bill-holders had already been in a measure secured, by i£10,000 having been paid in to the Bank of England on their account. In answer to questions, it was stated that Messrs. Moncrieff, Grove, and Co. had no important connections with any other house except Messrs. Deunistoun, Cross, and Co., of Melbourne, and that the whole of their transactions with Messrs. Maitland, Ewing, and Co. had been on the most sound basis. The original proposition that the estate should be wound-up under inspection, Mr. Hugh Mattheson, Mr. Alexander Ander- son, and Mr. John Scott, the chairman, acting for the creditors, was then agreed to, and it was thought that a first payment of 20 or 25 per cent, might be made within a month, and others at a correspondingly early period. Every confidence was ex- pressed in the position of Messrs. Maitland, Ewiug, and Co., and also in that of the house of Messrs. Moncrieff, Grove, and Co., great sympathy being exhibited at the slightest interruption to the business of the former. With respect to the books of Messrs. Maitland, it was stated that they were in perfect order, a trial balance having been produced immediately after the announcement of suspension. The estate has paid 206'. in the poimd with interest. THE ESTATE OE ]\IESSES. JA:MES HOSKIXG AND CO. At a meeting of the creditors of the estate of Messrs. James Hosking and Co., who suspended at the end of March, 1858, held at the office of Messrs. Lawrence, Plews, and Co., on the 29th April, the following balance-sheet was presented by Mr. Turquand, of the firm of Coleman, Turquaud, Youngs, and Co., accountants: — CCXll APPENDIX. Statement, Apkil 29, 1858. DEBTOR. To creditors unsecaired £3,917 11 6 Ditto, partially secui-ed 883 G 10 To liabilities on bills payable, \iz. : — Good £1,575 3 11 Bad '. 1,64.7 1 3 1,647 1 3 £3,222 5 2 To liabilities on bills receivable, viz., good 2,890 16 3 As per statement £6,113 1 5 To liabilities on accoiuit of goods supplied to ship "Lyme Eegis," for ■wliich we guaranteed the payment, as per statement £442 6 9 To liability to owners of sundry vessels for freiglit on 22 vessels chartered to load with guano at the Kooria Mooria Islands, but which, from unforeseen difBcidties, were obhged to leave the islands without obtaining cargoes 64,926 19 2 Kote. — These vessels have proceeded to various ports to obtain freights, the amount of which would go in reduction of this habihty. To habUity to owners of simdiy vessels for freight on four vessels chartered for a similar pm-pose 9,431 4 8 Hofe. — These vessels are advised to have commenced loading with guano, and if successful tliis liabiHty for fi'eight woidd be discharged. To liability to lessees imder Government of the Eooria Mooria Islands for claim for royalty and license fees on an engagement to import 30,000 tons of guano This liability is disputed. £80,806 3 5 CREDITOE. Ey cash balance in hand, 18th March, 1858 ... £150 1 Deduct since paid in fuU for salaries, etc., as per statement 70 £80 1 By debtors :— Good 171 9 1 Doubtful £569 8 3 Esthnated at 10s 284 14 1 284.14 1 £28i 14 2 Bad, as per statement 195 9 G 480 3 8 By property, as per statement 368 5 7 £901- 8 10 Deduct rent for one quarter to March 25, 1858, payable in full... 35 £869 8 10 By nine cargoes of guano in iran.iitn fi'om Kooria Mooria Islands, canying about 4,440 tons, estimated at £9 per ton £39,960 Sulijcct to claims of owners for freight, dead freight, labour, and dcuuuTaKO ... £28,18117 6 Carried forward £28,181 17 6 £39,960 APPENDIX. CCXlll Brought forward £28,18117 6 £39,960 And lipciiso fee and royalty on three cargoes 1,496 29,677 17 6 ■ £10,282 2 G And snbjcet to claims of parties who have entered into agreements to participate in profits 2,458 7 1 As per statement £7,823 15 5 After some discussion, it was decided to leave the manacjcment of the estate in the hands of Mr. Turquand, and for him to call another meeting of the creditors wlieu circumstances should I'ender sucli necessary. THE ESTATE OF MESSES. CHEISTODULO AND SUGDURY. A meeting of the creditors of Messrs. Christodulo and Sugdury, engaged in the Levant trade, wlio suspended some months previous, was held on the 4th May, 1858, Mr. G. Lascarldi in the chair, when the following statement, prepared by Mr. Weise, of the firm of Messrs. Coleman, Tur(piand, and Co., was presented. Altliough the estate appears small, the interests involved were important, the firm having been connected with other establishments at Constantinople, Marseilles, and Odessa. Attempts were made by the partners to arrange their own afl'airs, and previous meetings had been held on tlie accounts, but with the exception of appointing a committee of examination nothing was done, and it was at length determined to call in professional aid. Statement oe the Affairs op Messrs. CnRiSTODULO and StroDTJET, of GrRESHAM HOTTSE, OlD BrOAD StREET, MERCHANTS, EXCLrSIVE OP THE Liabilities and Assets op the other Houses in which E. Christodulo IS A Partner, March 31, 1858. DEBTOR. To creditors on open accounts £8,344 4 3 Ditto, bills payable £6,362 15 6 Less amount standing to the debit of parties for whoso account the bills were accepted 26 17 0' 6,.335 18 6 To creditors fully secured — Securityheld £1,384 2 4 Claims 1,100 Surplus to eort/ra £284 2 4 To creditors partially secured — Clahns 4,800 Securityheld 3,800 1,000 To liabilities on bills discoiuited, the whole of which arc expected to be met at maturity ... £7,725 2 Liabilities £15,680 2 9 CCXIV APPENDIX. By assets, consisting of cash at bankers' and office funiitiire £1,901 12 2 By debtors, good 882 5 9 By sui'plus seciu'ities with creditors, fer contra 284 2 4 Assets £3,068 3 By Sugdury, Son, and Co., Odessa 5,975 1 By E. Siigdury, Constantinople 47 2 By Emanuel Clu'istodido, JMarseilles £5,737 14 3 Less capital standing to his credit 4,000 1,737 14 3 £10,827 16 7 Geneeal Balance-sheet, feoit Decembek 1, 1857, to March 31, 1858. DEBTOR. To habilities, as above £15,680 2 9 To profits £15,733 15 6 To three-quarter share, credited to Emanuel Clu-istodulo, of Marseilles 11,799 17 1 3,933 18 5 £19,614 1 2 Messrs. CLristoduIo and Sugdury mil also be liable for about £100 on the safe arrival of the ship " Adele" at Ibraila, to which place she is now on her way. CREDITOR. By assets, etc., as above £10,827 16 7 By loss on bad debts 574 12 9 By loss on consignment, etc 16,656 7 2 By charges and expenses 3,675 13 1 £20,906 13 By three-cjTiarter share debited to Emanuel 'Christodulo £15,680 6 5,226 12 6 By G. Sugdury 's drav.ings 3,559 12 1 £19,614 1 2 Thei'e is a sum of £160 to be recovered on the policy of the sliip " Arpadina," but it is very doubtfid, on account of various clauns, -whether anything wUl be available for the estate. It was explained that the estate was in an involved position, owing to its rela- tions with other houses abroad; but it was at tlie same time stated that the books were well kept, affairs having apparently been conducted in a straightforward manner. It was also intimated tliat the creditors of the head house, viz., E. Chris- todulo, of Marseilles, had agreed that all the firms in which Mr. E. Christodulo was interested should be considered as one, and tliat the proposal of settlement made, 25 per cent., had been accepted by a large majority. After a lengthened discussion, it was agreed to wind-iip the estate tlirough the ])rocess of inspection, the creditors appointed being Mr. Lasearidi and Mr. Zarifi. The individuals present recommended that when the creditors of the three otlier houses, viz., Messrs. E. Christodulo, of Marseilles ; Messrs. Sugdury and Sons, of Odessa; and Mr. E. Sngdnry, of Constan- tinople, liad agreed to accept the offer tliat Mr. E. Chiistodulo, of Marseilles, made, that the English creditors should agree to such offpany with persons representing £15,000 or £20,000. They heard the deed read, and were requested to sign it. By the desire of some of his friends, he asked a few questions of the partners and other persons present. Tliey thought that as they were very large creditors — the depositors being in fact tlie largest creditors — they were entitled to some explanation as to the means the firm had of paying the principal and 4 per cent, interest in two years. The first thing they had to look at was the magnitude of the sums in the hands of Calvert and Co., which, according to the balance-sheet of Messrs. Quilfer and Ball, amounted to the sum of £32(),43i5 IGs. 2d. The amount of claims (advances by way of mortgage) were £2(35,131 0.<. (3'/., and the total amount on which interest would have to be paid was £591,566 16s. 8d. If they looked at the foot of Messrs. Quiltcr and Ball's balance-sheet, they would see tliat the private estates were completely exhausted. They were valued at £630,853. There had been issued on bonds and notes £127,464 ; private deposit accounts, £203,324 ; issued by way of mortgage, £362,107. All this bore interest, and he was not aware at what rate; but as the private estate was a separate account, that did not concern them, and so much the better. — (Hear, hear.) Supposing it realized all that it was valued at — which was very seldom the case — taking that into consideration, if Messrs. Calvert and Co. paid interest at the rate of 4 per cent, on these deposits and mortgages on the partnership estate, it would amount to £23,662 per annum. — (Hear, hear, and Oh.) He did not learn on Saturday morning, but he had been since informed by Mr. Morse, that the trade debts— that was, sums due to hop-merchants and otliers — were entitled to i-eceive 4 per cent, interest, because they had agreed to wait for their money. The trade debts amounted to £144,501, and the interest on that sum would be £5,780. The total interest on money payable at this time was £29,442, and interest receivable £3,590, making the annual charge for interest £25,852. There must be a large business done to pay off that sum in two or tliree j'cars. — (Hear, hear.) Next, he had asked the partners in what way they thought they could realize this money. They said first, that they could save in 'the brewery so much per quarter on so many thousand quarters of malt. He found that to be a very large sum, and they did not quite agree with him as to the figures. The total sum proposed to be saved was £20,000 per annum ; of this, £6,000 a-year would be on malt. Whether this was to be saved by the skill exercised in buying it, or the dilTercnce of the markets, or by paying cash instead of taking long credit, he did not know. Stables, £2,500; annuities, £1,000; public-house repairs?, £7,000; salaries, £2,500; total, £20,000. This was the only direct information he could get. He suggested to them that they should not simply call their creditors together to read a long document which no one but a lawyer could understand, and, even when they had read an abstract, some could hardly tell whether they ought to sign it or not. When he went to the brewci'y some weeks since, Mr. Dewen told him that one of the gentlemen connected with the Royal Exchange Assurance Company was engaged to be one of the inspectors. This was not now the case. He was also given to understand that the private est.ates would realize £300,000. The deposits amounted to about that. The object of these proceedings was, of course, to try to avoid bankruptcy, if possible — (Ile.ar, hear, and loud applause.) He was a depositor, and he had also a near relative who was a depositor, and he could tell them that there was a likelihood of getting their money, if they would have patience and forbearance one with another — not one man saying, I will have my money, thinking he will be paid. — -(Hear, hoar, and applanse.) Let them share and sh.are alike. — (Hear.) For his part, he would r.ather take a small dividend than any one else should have the preference over him and his friends — (Hear, hoar.) He would now read the accounts to them. He had conversed witli Mr. Quiltcr on the subject, and Mr. Quiltcr seemed to have gone into the accounts in a very careful mauiier, but ho had arranged the items in a sonn-what different waj- from that gentleman. The first item of the debts due by Messrs. Calvert and Co. was as follows; — To CCXVlll APPENDIX. sundry creditors, £326,435 16s. 2d. That formed 445 pei* cent, on the whole amount of their liabilities, so that they (the depositors) were the largest claimants in the whole matter. The second item was, trade accounts, £144,501 16s. 5d. That was as near 20 per cent, as possibk- (19.1). The creditors fully secured were on property valued at £739,705 13a-. Id., that was on the brewery, plant, leases, freeholds, and public-houses (359 in number), on wliich these mortT)UEA3 ACCOTJNTS. Claim of former concern of John Carmichael and Co. iipon Honduras govern- ment £29,784 10 Advances on account of Car- michael, Tidal, and Co. ... 46,831 9 4 607 shares in the Anglo- French Company 60,913 11 7 £79,531 14 9 137,529 1 9 217,060 16 6 Deficiency £107,620 4 2 Of these shares 367 arc applicable to claims of creditors as scciu'itics held by APPENDIX. CCXXXl tlu'iii, aiul when the vakie can be ascertained they will be so ti'eatcd, and the statement altered accordingly. Deficiency forward £107,620 4 2 Aeconnted for as follows : — Bad and donbtfid debts £59,310 12 11 Less estimated to produce 6,000 2 1 53,310 10 10 Depreciation in shipping 3,102 5 11 Simdrv losses — On produce 7,417 9 7 Property, Greyto^\^^ 1,000 Land at Oxton 6 15 8 10 Shares in Canadian Steam Company 385 Adventm-es 133 14 10 9,581 13 3 At debit of profit and loss 21,994 14 4 BiUs receivable £108,500 Less at credit of acceptors 89,169 2 19,330 19 10 £107,620 4 2 THE ESTATE OP MESSES. A. MONTGOMEEY AND CO. At a meeting on the I5tli September, 1858, of the creditors of Messrs. A. Mont- gomery and Co., engaged in trade as Australian and Honduras merchants, who failed on the 1st, the annexed accounts were presented by Mr. John Young, of the firm of Messrs. Coleman, TurquanJ, Youngs, and Co. The cliair on the occasion was occupied by Mr. Caldecott, and among the parties interested were Mr. Moi'ley, of Messrs. Morley and Co.'s, and Mr. Howell, of Messrs. Ellis and Everington's ; the legal representatives were Mr. Oliverson, of the firm of Messrs. Oliverson, Peachy, and Co. ; Mr. Murray, of Messrs. Murray, Son, and Hutchins ; and Mr. Parker, Pro forma. — Messes. Montgomery and Co., No. 2, Great Winchester Street. Statement op Aefairs, September 1, 1858. BJiBTOR, To creditors on open accovmts £15,432 8 2 To creditors on biUs payable £36,072 4 6 To last amount wliicli wOl be provided for by parties for whose accoimt the bills were accepted 3,322 19 11 Leaving to rank on this estate 33,749 4 7 To creditors who claun a lien on remittances on accoimt of joint shipment [MF] 14,824 4 To habihties on bills receivable £35,410 10 8 Of which there are expected to rank on the estate £14,000 To liability on joint guarantee 4,000 18,000 To liability under marriage settlement 8,000 Liabilities £81,005 13 1 CCXXXll APPENDIX. CHEDITOR. Bv bills receirablo on hand, <;oocl £369 IG 6 Ev debtors, good '. £2,857 9 3 „ doubtfid £26,811 8 G „ bad 7,017 13 G £33,892 2 Estimated to realize 8,217 5 G 8,217 5 6 Carried to losses £25,G7-1 16 6 • 11,07 1 1 1 9 Bj counting-house fimiitnre and lease of premises, cstunatcd at 300 By Dun Copper Mining Company shares, estimated value 250 By household furnitm-e and lease of bouse, estimated value 500 By adventures consigned to R. Bowdon and Co., of Melbourne — Invoice price of goods on hand, 14th of Julv, 1858 .'.. £17,866 17 10 Estimated to realize 16,859 5 7 16,859 5 7 Carried to losses £l,007 12 3 By joint adventure [MF] consigned to E. Bowden and Co., Melbourne — By invoice price of portion on hand, 14th of July, 1858 11,0 13 8 4 £40,397 5 2 Bv creditors under £10 25 3 7 Assets £40,372 Statement showing position of the Fiem on 1st of Jani'aey, 1858, and accounting foe the peesent deficiency. BEBTOE. To capital, Janiiary 1, 1858, as per statement £6,595 12 11 To profits £1,679 10 6 Less charges and interest 1,602 2 77 10 4 To difference in books 27 16 9 To deficiency, as per statement of affairs 40,633 11 6 £47,334 11 6 CBEDITOK. By drawings, as per ledger £727 11 7 By estimated losses, on shares — Dun ]\Iountain Copper Mining Company £557 4 Berlin Waterworks 1,11112 9 £1,668 13 1 On adventures — Shipment 11 to Costa Rica £90 1 1 Costa Rica advcntiu'e 24 17 G No. 3, ditto 99 9 4 Nos. 1 and 2, ditto 52 2 G Sundries, ditto 686 110 Paper, ditto 13 11 4 N— L, dhto, A. M. & Co. 156 7 3 1,122 10 10 On comiting-house furnitiu-e 140 19 G Carried forward £2,932 3 5 £727 1 1 7 APPENDIX. CCXXXm Brought forward .62,932 3 5 £727 11 7 On bad and doubtfid debts 25,G7 1 16 6 28,G0G 19 31 Liabilities na per statement of atTairs 18,000 £47,331. 11 G It was explained that the assets nominally showed something under 10s. in the pound, but it was not supposed such an amount would be obtained hj the creditors. The debtor, it was stated, had been engaged in busiu:ss with a firm in Australia, Messrs. R. Bowden and Co., to whom lie had made considerable consignments, and he had also been the London agent of Messrs. J. Cnrniichael and Co. In this latter capacity he was under liabilities to the extent of 418,000, ihe principal on accom- modation bills. With respect to Ids operations in Australia, they were uuderslood to represent a partnership ; but the amount of assets which it was thought will be received from that side was limited. There were also some Honduras claims ncluding a small island, the property of Mr. Montgomery, in the Bay of Honduras, but from these the returns were not expected to be large. A question was raised respecting advice lately sent out to Australia to mal;e special appropriations from remittances derived from recent consignments, but it was understood that this and other points could be hereafter investigated, and eventually a resolution was passed agreeing to a liquidation, through the process of inspection, five of the principal creditors undertaking the management. In the course of the discussion it was elicited that the capital, according to the books, on the 1st of January, 1858, was i'6,595 ; but that if proper allowance had been made for bad debts, etc., there woi:ld have been a slight deficiency. That sum had beerr subsequently increased through the liabilities incurred on account of Messrs. Carmichael and Co., Australian adventures, losses on shares a'.ul liftd debts, to the amount representing the difference as exhibited by the present balance-sheet. This estate was wound-up in bankruptcy. THE ESTATE OF MESSES. PAEDOE, HOOMAXS, AND PAEDOE. A meeting of the creditors of Messrs. Pardoe, Hoomans, andPardoe, lately exten- sively engaged in trade as carpet and tapestry manufacturers, was held on the 17th September, 1858, at Kidderminster, Mr. J. Pitman, the Chairman of the Stour- bridge and Kidderminster Banking Company, presiding, when the annexed account, prepared by Messrs. Kettle and Dauiell, accountants, of Birmingham, was submitted. It will be noticed that it showed a discouraging state of affairs, and it was believed the prospects of liquidation A\ere very unfavourable. After explanations and dis- cussion, it was agreed that the estate should be imm.ediately wound-up under the inspection of Mr. W. Gro.svenor, Mr. G. B. Lea, of Kidderminster; and Mr. E. Waller, of Manchester, through the operation of the private arrangement clauses. Statement of Affairs, Seftembee, 1858. DEBTOB. To amount due to creditors — On bonds, notes, etc., unsecured £22,380 G 4 Ditto to trade creditors, on open accormts , . , . . 6,521 17 3 Ditto on bills overdue and rimning 29,216 9 To amount due to London Life Association, for which they hold a mortgage upon properties and life policies, as ^;er co»^i-ff 18,450 To amount duo to a creditor, for which she holds a second mort- gage upon properties and life policies, as j?er co«/r« 1,312 2 2 To amount due to bankers, tmsecured 2,849 17 5 Carried forward £80,730 3 11 ccxxxiv Arpi:M>ix. Brought forward £80,730 3 11 To amount due to bankers, forwliieli they hold a third mortgage upon properties and life policies, and a fiu'ther security on the Caldwell Mill and Ticar .Street properties, as ^:>er coH^;-« 20,90G 13 7 To amount due for rent, taxes, and salaries, to be paid in full £700 £101,636 17 6 'So hability is likely to come on this estate in respect of bills of third parties endorsed and discoimted ; after careful consideration, it is beUered the whole ^xiU. be didy met at maturity. CREDITOR. Ey stock of goods, materials, and stores, as per inventory £14,439 10 1 By cash in hand 25 By amount due from debtors, supposed will realize 2,690 18 4 By thirty shares m public rooms, Kidderimnster, say 200 By manufacturing plant and machinery, looms, patterns, etc., deducting steam-engines, boilers, and machinery, in the nature of fixtures, which are included in the mortgage secm'ities, at the value appearing in Messrs. Pardee and Co. 's accoimts 18,740 By priyata elFects of partners 1,500 £37,595 8 5 Deduct rent, etc., to be paid in fvdl 700 By freehold properties and life pohcies, subject to three mort- gages, as ^e;* contra, at the valuation appearing in Messrs. Pardoe and Co.'s accounts — Old mill premises, and shng premises, the property of T. Par- doe, Gr. Hooman, and J. Hooman £28,000 Engine, boilers, and fixtures 2,260 Old factory, Oxford Road, the property of T. Pardoe, Gr. Hooman, and J. Hooman 2,000 Warehouse, offices, and dwelling-house, Worcester Street and Oxford Eoad, the property of T. Pardoe 4,000 Scotch factoi'y and dwelling-houses in Worcester Street, the property of G. Hooman and J. Ilooman 1,500 Lion Fields factory and laiad, the property ofG.Hooman 1,200 Life pohcies— Mr. Thomas Pardoe, £2,000; Mr. George Hooman, £3,000; Mr. James Hooman, £3,000 ; and ]\Ir. James Par- doe, £3,000 ; cstmiated vahie 6,000 £36,895 8 5 By property held by bankers as further sc- rity— Freehold land and house at Caldwell, the property of T. Pardoe, G. Hooman, and J. Hooman 300 Caldwell mill and land, leasehold, the pro- perty of T. I'ardoc and G. Hooman 1,291 Premises in A'iear Street, leasehold, the property of G. Hooman and J. Hooman 600 £44,960 £2,191 £84,046 8 5 APPENDIX. CCXXXV THE ESTATE OP MESSES. J. PLOAVES AND CO. A meeting of creditors of Messrs. J. Plowes and Co., merchants, who stopped on the 7th, took place on tlio 28th September, 1858, when the following balance-sheet was submitted by Messrs. Coleman, Turquand, Youngs, and Co., accountants : — SxATEilEXT OF THE AfFAIES OF MESSRS. JoH?r PlO"WE3 AXD Co., SEPTEjrBER 28, 1858. To creditors miseeurecl £28,419 13 To creditors having recoui'se on Plowes, Son, and Co., Rio 7,678 9 To liabilities on bills payable, accepted as advances on shipments to Plowes, Son, and Co., Eio £68,912 12 9 Deduct, expected to bo retired by drawers, who will then claim on the Eio house for net proceeds of their goods 27,300 19 10 Deduct liabihties on bills parable, drawn by Plowes, Son, and Co., but which are ex- pected to be paid by them 4,382 11 2 Deduct liabihlities on bills receivable, none of wliich are expected to be claimed against tlic estate 5,031 4 5 41,611 12 11 CREDITOE. By cash at bankers' £839 5 4 Less amount considered specially remitted . . . 334 14 1 £77,709 15 4 504 11 3 By bills receivable in hand, part of which is claimed as special remittances 6,255 14 7 By debtors, good 2,936 1 8 By produce in liancl 981 8 7 By private property of J. H. Plowes 5,360 £16,037 16 1 DOUBTFUL ASSETS. By balance due from consigners of goods to Rio £4,996 4 Plowes, Son, and Co., Eio, balance of general accovmt £24,276 3 5 Estimated proceeds of goods against which advances have been made to parties who are unable to retire then' draughts, esti- mated as sufficient to cover advances fer contra 41,611 12 11 65,887 16 4 £86,921 12 9 The estate thiis shows a surplus contingent upon the realization of the doubtful assets. It appeared that there were two houses, one in London, consisting of Mr. J. Plowes, only, and the other in Rio do Janeiro, in which, besides that gentleman, there were three partners. The suspension was caused by one of the latter, Mr. Westwood, incniTing losses by private speculation, and secretly giving acceptances in the name of the firm to the amount of £55,000. Against this sum he had cash and shares worth about i'30,000, and it was therefore hoped that the firm would suffer from these transactions to the extent only of *25,000. The liabilities of the London house included advances by bill to consigners of goods to Eio equal in the CCXXXVl Al'PKNDIX, afrgrefrate to £63,912. Of this total, £27,310 were estimated to be retired by tlic drawers, who would tlieu claim the net proceeds of the sale of tlieir cousitrnments in Brazil. The remaining £41, Gil was covered by the merchandise on which the advances had been made. The position of the concern at liio on the 30th June, after writing off all bad debts, was as follows: — Assets £170,000, and liabilities £145,000, leaving £25.000 to the credit of capital. In answer to questions, it was stated that the irregular acceptances above mentioned fell due in August, September, October, and November of that year. The house was in no way connected with one bearing a similar name in Buenos Ayres. After a long discussion, in the course of which a very favourable feeling was expressed towards Mr. Plowes, it was resolved to wind-up under inspection. This estate has paid 4s. 6J, in the pound ; about 145. is anticipated. THE ESTATE OF BIESSES. GEOEGE CHAIMBEES AND CO. A meeting of the creditors of Messrs. G. Chambers and Co., fancy liardwarc manu- facturers, who failed on the 11th September, 1858, was held on the 1st October, when the following statement was presented by Mr. G. H. Jay, the accountant: — STATE:\rEXT OF THE AFFAIRS OF MESSRS. GeOBGE CnAMBERS AXD Co., September 11, 1858. DEBTOR. To creditors unsecured — On open accounts £2,794 2 11 On bills payable 7,571 19 7 To creditors holding security, fully covered — Value of security .' £29,786 11 6 Less amoiuit of tlieia- claims 20,445 14 1 Surplus, per contra £9,340 17 5 To Ualjilities on bUls receivable, the acceptors of which have suspended payment 11,571 11 5 N.B. — Subject lo any remittances that may be made in respect of goods consigned to, or in the hands of, the acceptors, and which amount at cost to £11,425 7s. These con- signments may be so alfectcd by the faiku'e of the consignees, that, untd advices are re- ceived, it is not possible to fonu any esti- mate of the extent to which this claim may be reduced. To liabilities on bills receivable £27,946 12 4 Not expected to rank again.'a 45,487 7 5 By siu'plus seciu-ity in hands of creditors, per contra 172 By lease of premises, as pev valuation 3,000 Less amoimt borrowed on to pay wages since the date of suspension 750 2,250 By fixtures, machinery, utensils, etc., estimated at 1,285 9 By property 163 15 £75,917 14 8 Deduct creditors imder £10 each, rent, rates, salaries, and sundries 342 8 4 £75,575 6 4 It was explained that the general figures in the balance-sheet showed a dividend of about 17s. or 18s. in the pound ; but, of course, it remained to be ascertained what would be the proceeds from tlie surplus of consignments in Australia, which stood at i'45,487. Taking, however, the assets in this coiintry at i'30,000 against the £8.5,900 debts and liabilities, there was a prospect of a payment of 6s. 8d. With regard to the £82,200 liabilities on bills receivable, it was stated that not the least difficulty was anticipated, the several firms with which they were connected being considered solvent and able to provide for the required amounts. Tlie losses of the firm were very heavy, the total of account current sales, received from Australia between June and September, showing a sacrifice of about £'30,000. Soon after the turn of the half-year instructions were despatched to the colonies to advise caution in the realization of the consignments, and in tlie early part of that month the circumstance of the suspension was announced, accompanied by the fact that no more goods would be forwarded. Some of the creditors expressed dissatis- faction that the meeting could not be adjourned to allow of the statement of accounts being examined before a decision Was arrived at, but it was intimated by Mr. Jay that it had been found necessary to consult thus early in oi-der to prevent bankruptcy, proceedings having already commenced, which would mature in three days. Under these circumstances the accounts themselves could only be considered as presenting an approximate position, the details of deficiency not having been completed. The great question discussed was the advantage to be derived from the process of inspectorship, contrasted with bankruptcy in winding-up an estate like the present. The large majority of the creditors supported the views of the Chairman, Mr. J. Link- later, and Mr. Jay, in awarding preference to the former course, the arrangements necessary for dealing with the consignments rendering tlie exercise of prudence essential. Others advised that too great reliance should not be placed in the proceeds of the consignments, but to look to the assets here ; and these, estimated at 6.?. 8f^, in the pound, if carried into bankruptcy would, it was asserted, soon be reduced to 3v. It was mentioned, however, on behalf of Messrs. Davies and Son, that the transactions entered into were with the most respectable Australian houses, who would not force sales, nud whoso conduct would be perfectly regular. A creditor CCXI APPENDIX. said he ivas pleased to hoar tins, but they would no doubt charge the colonial rate of interest — a question of consideration. Mr. F. Parbury, as representing the firm of Messrs. Parbury and Co., distinctly announced that he for one would not do so. It was eventually agreed to pass resolutions in favour of inspectorship, and Mr. Mortimore, of Messrs. Str-jatfisld, Laurence, and Co.; Mr. Morris, of Messrs. Beving- ton and Morris; Mr. Somcrville, of Messrs. Somerville and Co. ; and Mr. II. Pound accepted the tiust. Tills estate has paid a first dividend of 35. in the pound, and is wluding-iip under inspection with the sanction of bankruptcy. THE ESTATE OY MESSES. HICKS AND GADSDEN. At a meeting of the creditors, on the 24th December, 1858, of Messrs. Hicks and Gadsden, who recently failed in the American trade, the following statement was presented by Mr. Jay, of the firm of Messrs. Quilter, Ball, and Co., the accountants: — Statement of ArFAiES, Decejiber 6, 1858. DEBTOE. To sundry creditors £9,015 4 2 To creditors fully secured, viz. : — Estimated value of securities £4,400 13 2 Less amoiuit of claims 1,959 8 9 Siu'plus, ^je;- contra £2,441 4 5 To liabilities on our acceptances, as per list ... £60,488 18 11 Against shipments of cotton, etc., in hand or //?- transitu, on which claims may arise on the sale of the cotton 54,198 3 2 Unsecured £6,290 15 9 Of which it is estimated wiU prove claims 6,13 / 15 9 To Uabihties on bills receivable, as per list 49,185 10 3 Expected to rank as a claim Ill To liability on lmder^^■riting 100 £15,326 19 11 CEEDITOR. By cash at baiikers' held as secru'ity against loan £147 4 5 By simdrv debtors, as per list, considered good £6,018 12 2 By doubtful £9,368 19 11 Estimated to produce 3,500 Considered bad 13 8 10 By consignments outstanding and simdry pro- perty on hand, as per list 9 10 9 10 Estimated to realize 650 By surplus securities held by creditors, 'per contra 2,441 4 5 £12,609 16 7 Deduct creditors luider £10 each, rent, etc., payable in full 70 £12,539 16 7 By private estate of G . A. Hicks, estimated at 2,200 £14,739 16 7 The assets, including .£2,200, the separate property of Mr. Ilicks, showed nominally a dividend of about 18s. in the pound, but no estimate was off"ered of tlie APPENDIX. CCxli probable realization, tliongh it was expected to be satisfactory. Of liabilities on bills for i'G0,488, .£54,198 were covered by cotton, leaving little more than i'6,000 to come against the estate. At present the sales on that account showed encouraging results, and the expectation seemed to be that the amount, as explained, would be provided for. The principal creditors were in Liverpool ; and the cause of the suspension was attributed to the depreciation in cotton, and losses by the failure of Messrs. Francis and Frere, of London, and of Messrs. Reed and Nash, of New York. Of the £15,000 debts, £7,000 to f8,000 was repi-esented by the Liverpool firms, but the relatives were also interested through loans to some extent. On the 1st of January, 1858, the house possessed a capital of about £10,000, the proportion due to Mr. Hicks being £7,-10S, and to Mr. Gadsden, £2,497. During the same period the partners' drawinss did not exceed £1,700, the trade charges at the same time being limited to £275, law costs to £80, and interest and discount to £942. A lengthened conversation ensued on the course to be adopted for effecting the liquida- tion, Mr. Jay intimating that the debtors wore prepared to follow any steps which might be suggested. They were anxious that the whole of their assets Bhould be appropriated, even to the separate property of Mr. Hicks. Bankruptcy he con- sidered not applicable to the realization in that case, as the creditors abroad, especially in New York and New Orleans, would be less likely to respond to the demands made upon them through that channel than if application were sought under the process of inspectorship, associated with the representations of the part- ners. This view was eventually concurred in, although meanwhile an attempt was made to obtain an adjournment ; and at the conclusion of the proceedings a resolu- tion was passed, authorizing the appointment of creditors to represent the general body by a deed of inspection. This eetate is winding-up under inspection, and has paid a first dividend of 4s. in the pound. INDEX. {_Tke Figtires refer to the boij of the work, ths Nmmrals to the .Lppen^Ux.'] Agency, Commercial, in America, 126. Agriculture of United States, 103. Albert Pclly and Co., 47. Alexander and Co., 53. Allen, Smith, and Co., 52. America, agriculture of, 103. „ bankrupt law wanted in, 137. „ commercial ijrospects of, 106. „ commercial reputation of, 105. „ failures in, 6. „ financial movement in, 107. „ jobbing in, 121;. „ railways in, cost of, 111. „ railway system of, 101. „ revulsion in, 1857, 110. „ specie payments suspended in, 7. „ South, gold and silver in, 21, „ trade of, 103. American banks, 96, 105. „ commerce, crisis in, 5. „ faUures, 33, 122, 136. „ and foreign failures in 1857, 185. „ crisis, 92. „ seciu-ities, depreciation of, 3i. , stocks, lluetuation in, 115, 1 13. Appendix to the " History of the Com- mercial Crisis," i. Australian gold-fields, 25. Bainbridgc and Co., 52. Baird and Co., 53. Balance sheets {see Estates). Bank Acts Committee, 50. „ Committee, Report of, 57. „ Select Committee on, 31. Bank failures, losses by, 4. Bank Indemnity Bill, speech of Sir G. C. Lewis on, 193. Bank Indemnity Bill, speech of Mr. Disraeli on, 205. Banking system, undue development of, 32. Bank movements in America, 107. Bank of England, loans by, 6. Bankrupt estates {see Estates). Bankrupt law wanted in America, 137. Banks, Auierican, 34, 96. Banks, banking-liousc?, aud importers, 145. Banks in America, statistics of failures of, 126. Banks in difficulties, or stopping pay- ment, 2, 5. Banks in New York, 140. Bank rate of discount advanced, 151. Bank stocks in America, 143. Barber, Rosenauer, and Co., 53. Barclay, Brothers, and Co., 53, 53. Bardgett and Picard, 52. Bensusan and Co., 54. Bennoch, Twentyman, and Rigg, 52. Bills, accommodation, in Scotland, 50. Bischoif, Beer, and Co., 53. Booker, Sons, and Co., 53. Boston, banks of, 96. Bovet, F. and A., 53. Boyds and Thomas, 54. Brand and Co , 52. Broadwood and Barclay, 52. Brocklesby and Wessels, 52. Bruce, Wdkinson, and Co., 52. Bruce, Buxton, and Co., 51. Buenos Ayres, houses connected with, 50. Bullion, increase of, 32. California, gold-fields of, 25. „ gold produce of, 109. „ trade of, 102. Carmichael, J., 50. Castellan, Sons, and Co., 54. Carr, Josling, and Co., 52. Caudery, W., 53. Cochineal, fluctuations in, 212. Cockered, Larpent, and Co., 54, 56. Cocoa, fluctuations in, 211. Coffee, fluctuations in, 211. Cole, Gordon, and Davidson, 11. Connnercial crises {see Crises). Commercial Panics {see Panics). Committee on Bank Acts, Report ©f, 57. Corn, fluctuations in, 212. Cotton, fluctuations in, 212. Cotton in America, fluci nation of, 114. Cotsworth, Powell, and Pryor, 51. Coventry and Slu-ppard, 54. ccxliv INDEX. Credit Fon;D0X: GROOMBRIDGE and sons, 5, PATERNOSTER ROW. :f cali^^ JBRAftY iii !il 1 ill ml Ml iliiii III! Iiii L 006 012 579 6 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 001 167 916 4 Pii»;>p m :>r)r>.'i'>'>^>^ ¥M