trittrs tu thr (tutor.
THE COVERED WARRANTS.
10th January 1859. Snt—Having been a subscriber to.your journal from the commencement of its existence, I am naturally anxious that you should have an accurate perception of the matters upon which you comment. In your number of the 8th instant there is a strange paragraph upon the subject of Mr. Commissioner Goulburn's judgment in the case of Da- vidson and Gordon. You say-
" The condemnation (of the Commissioner) appears to us, in some re- spects too sweeping. There cannot be the slightest doubt, that motives of justice, and even of kindness to innocent persons, restrained Mr. Chapman and his partner Mr. Gurney from enforcing the rigid principles of com- merce and of law. Regard for the loss of 370,000/. was most probably, nay most certainly, mingled with a further regard for :till vaster sums, involving the welfare and perhaps the existence of hundreds of persons, whose sole defence became the discretion, and even the passiveness of Mr. Gurney and Mr. Chapman."
Now it would puzzle you extremely, if I were to call upon you
to show in what possible manner, the conduct of Messrs. °reread and Gurney (for the firm have accepted Mr. Chapman's position) can have served the interests of one innocent person. The fact is directly the contrary, and the gravamen of the charge against Messrs. Overeud and Gurney is, that by their conduct in the concealment of the fraud which had been practised upon them, they periled the interests of innocent parties by enabling this fraud to be repeated, as it was repeated, upon them. This is confessed by Mr. Chapman who says that they were sorry to conceallhe transaction, but its magaptuds took it out of the ordinary course' and a regard for their own position ob- liged them to do so. Not a regard for innocent parties, observe, even Mr. Chapman does not pretend this, but a regard for their own position. Un- less, therefore, the failure of Misers. Gurney and Co. thonselves, were to be the consequence of the disclosure of this fraud, (which nobody supposes) there can be no pretence for saying that the "welfare and perhaps the ex- istence of hundreds of persons" could have been "defended by the discre- tion, and even passiveness of Mr. Gurney and Mr. Chapman ; " whereas it is notorious that the loss of many and the ruin of some were the consequence of the endeavour, and the successful endeavour of Mr. Chapman and Mr. Gurney to better their own position by concealment.
am sure you will see that the interests of justice and morality are not served by such a defence as you have, attempted, no doubt with the best motives, to set up.
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