Star. — London, England, 1825-06-08 00:00:00

Mr. Secretary PEEL. in explanation, said, that be only sow the Lord -Chancellor for the purpose of acre • twining the probability orthe Commissiolers mitring a Report et an 'oily pe-114. His Lordship haJ not the slightest•objectioif to OW making a Report as soon as The Repertwonld and ought to be made be fore the neat Session of Perliament.• • • • . Mr. OH.IRTE.N AY', one of the. Commissioners, de fended the measurer eaten by the Commission, and 'entered into a - lengthened statement of the. progress Which they had ttea . de: He was prepared• to -expect 'that *hdever he shoutchay would be received with justice Co all parties he hoped they would'giie him a hearing. This question had changed /grounds' considerably iinee it was first mooted. Origi nalli'lliebniden'of tke 'codtplaint was as to the forms 'of preireeiling aijd practice in the House of Lords and the Court of Chancery, - leaving untouched. the con stitution of these Goners, which wNs negatively assumed to hi ghttd. Nosh abtists in practice, he had never 'denied th - sir,.eiiiitente, blithe alwayi doubted the prpriety of a Coniraittie of this I-louse - being the fittest body for applying a remedy to them. His argu. Meg - 2144r *Xi tillt the fat& was not in the con stiectlibri pf the Cinift . tif Chancery, but in its practice, 'and that the true way of applying a remedy was in the minute details. Hitherto the objection had been to delays in the proceedings; but now , for the first time Wet' Eritaistnedttl sweep' away the whole system. - -It bad been siid,• that the terms of the Conimis ssion were trio limited. He would read these terms, and leave the ffoubeen judge' for itself. The Com.; miuioners •were ethiSb*erelf to 44 inquire into anj and what alterations ail& be Made in the practice established in our Conk of Chancery, or in the offices, of that Conet, in . the 'refloat proceedings in law or equity—to inquire into. the different stages of such pro ceedings, from . their Commencement ko their termina. tiori b ineluding eveiyfhing connected with the process 'and practice of the Court, the mode of hearing and de ciding. causes; &c. with a view of ascertaining whether or not the expenses' of such proceedings might not be diminished' beneflciallj for the Public," &c. He (Mr. Celine:lay) could not imagine any set of words in the English. language more comprehensive than these; they embraced the whole jurisdiction of the Court of Clio:leery. The *Commissioners had accordingly been extending 'their inquiries to every part of the subject; they' had turned their attention to the sepa ration of the bankrupt business from the Court of "Chancery; they had not shut out any description of evidence ; they were confirmed in the opinion that the , constitution of that Court was good, but that there were abuses in the practice which called for reform.— In ptoof 'of the estimation in which that Court was held by, persons capable of judging, the Honourable Member referred to. "Miller's Chancery Practice," friim which he read a long eitract; and from a book published by a Lawyer in America, called "The Prac tice And Duties of the Officeof: Master in Chancery," in which that writer spoke in *arm terms of the use fiilness of ilit Court of Chancery for the adjudication of property.' This panegyric moor judicial institutidns, by , * people who set themselves up as our rivals is emery respect, furnished in his mind the strongest.testi. -may to net utela!attay. He thought that the cluna ter of the_ Commissioners' was some security to the kuhlic that they would not lend themselves' to any de lusion ; 'that what might be promised• it was their inten tion to perform. The Commissioners would persevere, and he doubted not,. that before the next Sess;on the Report, with the evidence and documents; would be ready. If such were.not the case, then he thought such . a motion as the present would be warranted, and that the Hotise would be warranted in declaring that the Commissioners bad not duly fulfilled the trust reposed in them. Dr. LUSUINGTON, also a Commissi•oier, should vote foil the motion of the Hon. Member for Westmin stet, because he considered great benefit would result from giving pohlicity to the evidence. By that means the subjects would be discussed, and the Commissioners Atiemselves be more likely to arrive at the end they had in view--a just decision. The great bulk of the evidence, he, as one of the Commissioners, could state bras now taken, and written nut, and might be laid on the table in a very shori time, nor would the publication of the eekclence be injurious to the public. The objects to be attained were three, to see that the system of the "Coi n tof Charicery was good—that the practice was too arid that the Judge who presided was a' g'od one. The first was not in the province of the Commis sion; but the second expressly was, and the third in tidentally came under its consideration, and would'ne- CessollY be adverted to in the Report. Her was also certain, that when the time came none of its mem bers would flinch from their duty. For himself, his politi cal opinions were welt known; tie - had neither favours past.to be grateful for, nor favdtirs in future to hopes 'and if he found any opposition from any quaker to a full and fair prosecution of the inquiry, he should state it Openly to the IlbUse. Hating said this, he should - neat mention, that although , the . Lord Chancellor was at tha head of the Commission, he stated at the outset that he should not atrend during the examination of she witnesses, lest his-presence might obstruct Cher free 'examination ; but that afterwards he shoUld assist and furnish any explanations and informatio3 in his power. He Lushington} shOuld also admit, that they could not as yet have made their Report, without its being most imperfect. An unavoidable delay was ccca ioned by the - illness of the Vice-Chancellor, which was, how ever, irate than compensated by the advantages which the Commissioners subsequently derived from his Ho nour. He hoped the House would accede to the present Motion, which would do a'gieat deal of good, and no ma Points of dia. Catty did discrepancy in the evidence would be elucidated, by th.:lr being %Whined to the Public. Mr. LOCKHART should have suppemd that the conclusion at which the Houourableand Learned Geis tieman who jest sat down.teght to have-arrived, would be the reverse a that he had avowed. Toe facts he inen'ioned proved that the Region' ouht r direr to. *delayed than panted. The moment the evi dence was published, it would be debated in that House, and the judgment of the Come missioners themselves be thereby warped. He should oppose the motion. Mr. A BSRCROMI3Y conceived they had the highest authority for believing that no inconvenience WOW be; feltby acceding to the motion and publishing the reis' dente, but that' great advantage won'd be the voisseb souence. It was to the Public' in .his opinion th it they, tould alone /a sic for a reform of the Gotta of Chan.' tory, and the Public ought therefore to be put in pos-' tessiortiof altatie information possibleon the subject. As to the Lard Chancellor, no-man what Ire decided pia" more sail faction or ever brought gicater :adults, to the duty—hut the complaint in the Petitions which' had been ticai toilet() thine preseutcd to that House was of the delays resulting lions the manner in 'witch !lid Earl of Elam cl;•sposed_of the business betote.hini. Thu Vie,afite Of C" ze %i as iheinconviiirenzt At t=r od from having causes placed in the parer postcon d froml day to day to the grtar af the patties. Diys, weeks, he might say years. Were tbus.wastvd, and he wishe.l; so ntie - Tioncitit ble nikkiitii have those pa per's, /of 'a Oita in r etitij laid I> eke' that the name; on them might be, co ared,—(ffe The system in this Watgrit into' di otidite SHilifile did not deserve. Neithat could Ire avoid complaining of the manner in whkh the ceerm's'i'nf Was composed, nor of the delay now required before the Report would be laid on the table. If the House *idled to ad girth sincerity , it would accede to the nuatioh. n whid bad his catiliit . Sir M. W. RIDLEY said; the Cdfitt of Chancery wr.s not the only Court of Justice where delays of justice occurred. In the Exchequer Court he hid gained 301. or 401. a year, after a discussion of 12 yeari, at au expense of 70001. or 8000l.—(Hens). He contended, that the evil was to be found in the system alone, and that the people placed . entire trust and confidence in the judgment of Lord Eldon. Against the testimony of Mr. Miller, whose work had bees quoted tonight, he would oppose the sentiments of a publication, whiclf was of a higher authority—he meant the Edinburgh Review.--(Thi Hen. Mern(ier here read a' paisagefroml the Review, in which Lord Eldon was represented as. posiessing a sagacious and penetrating mind.) Mr. JAMES (unlit (-rift of “QUestion") said; - te ,was not surprised at the invitience of the House; file as they had been long in Chancery, they must bete*. sarily feel some anxiety to get out of it. If, as an lion' MeMber had stated, the recovery of 10/ cost at: the . rate of 71.185. 6d., the Court of chatic:rt was a' Cour t of Robbery and not of Equity. Ile was thoroughly convinced that there Would be no Worm in that Court till the House itself was refortned. . Mr. BROUGHAM rose and, as soon as order was restored, proceeded as folloiis :—I feel, Sir, in commbn, with all the Gentlemen of the Bar,- who speak on this subject, a great difficulty, for there is not an individuals of more amiable habits, nor a Judge of more courteous demeanour. or of greater civility to everybody about . him than Lord Eldon; he exceeds in these kindly Ow. lities-all the Judges whom I have known on the benchi or ever had an opportunity of seeing. I have a repur nance to stay a' harsh ward of Mat' who never says i harsh word to any man at the bar, nor to any ore, id the character of a Judge. In speaking of Lord Eldon, not as a politician, but as aJudge, I do feel a repugnandd to touch his conduet,• and the same repagninee viasfelt by Sir Samuel Romilly, who I have heard detrare in this House, that be never did, and never could speak of the Lord Chancellor, in hi: judicial capacity,. but with . respect. This is, Sir, I brlit:ve the feeling of every-member of the profession to Lord Eldon as .a Judge. But when `I speak of Lord Eldon as a pd litician, I shall have no objection to speak' hats* . of him ; for, as a politician. there is no man who speaks more harshly than Lord Eldon, and sayi - ftwer courteous things. With respect to the observations of my*Hon. Friend (Sir M. Ridley), in defence of the jodicial cha racter of the LOrd Chancellor, founded, on ati akiieleip the Edinburgh E'eview, I cannot avoid reniarkiog, that my Honourable Friend displayer( a digreeof acuteffess which would have done credit to The deep learning (for that was the . phrase) Of the Li'rtf*thaineellor ' • He just read to the House on :half, of ,the character, nay, not onehllf, but .one tenth part skd, the tithe the lambs wool which that arti cle contained, and 1.14 other nine parts he omitted. My own recollection of diet arecle—ilA laugh) has been.assistecltiy,aPend near me n who has read the article later than me, and I find that all the rest contains not only a severe, but:an iinaparing . , although not an unjust, scrutiny 'of his demeriti; I remember Mr. Butler, a most able men, and profound scholar, for whom I entertain the highest personal re gard, quotes an opinion of Sir Samuel Itomillyk in which represented that great man to have .taid,4hat of all ail Judges he bad ever knoWn,there Was not one more able and ingenious. than Lord Eldon—mlre dis tinguished for his courtesy hi the Court Aver which he presides, and for the powerful resources of his own mind : but I remember very well, that whenever I beard Sir Samuel Romilly give this character; he inva riably added, " but fiato a peculiar &instruction of mind he is one of the worst Judges I ever knew"—(A lturg4).—Now, Sir, with respect to the present motion, if ever there' was one which stood upon grounds per fectly irrefragable, it is that of: my Hbn. Friend: We have it all but supported by the Right Hon. Gene tlentan (Mr. Pee), 'scarcely resisted by .my, lion. add Learned Friend (Mr. Courtenar). and ardently sup ported br mylicn.and Learned /fiend (De.Lushington). It has beau said, 4 4 Put off the motion - till the next Sea- skin.' But what was this more. than *rying, " Wait for sit or seven, or eight months, until you hive such a nun of evidence, that Hotourabba Members: can read and inwardly digest—wait until after• Easter—the calamities- of Ireland, the renewal of the' Insurrection Act, all the wrongs of that country shill be discussed and left uniedressed in the early part of the Session ; foreign affairs shall also be disposed, oft.. 7 the boister ouatorreut of the early, part of the Session shall have passed away, and then this measure may sit in on , the quiet back waters r but I can tell this House that the consequence will lie, we shall be told then, as we are told now, 0 Oil, it it to, late"—(Hear, hear). The question, therefore, is not whether you shall hear the evidence now, but whether the abases. of Chancery shall be. inquired into next Session, or in the Session after? for unless the evidence is received now, I despair of seeing anything done within that period—( Meer). My . Learnrd Friend (Dr. Lushingtonj tellsos that this Commission has been fairly and impartially constituted. With respect to himself, I fully admit it,; but whin. I look at the other component ports of the Commission— when I recollect the infirmities othwmanniouve—when I remeMber that - there is inch a thing as gratitude for past favours, and hos for the future - and when I reflect how easil y ' all those causes may op-rate upon a man's Mind, and• tinkly** to Mosel?, .1 regard the d isc h argeof such- a !liar at in the highest degree difficult. The Commission barbeen bereaved', f the assistance of my Han. aedLearited Friend (Mr. Wilhami), who was carefully ercluded; because he. *as most cOmpetent- to inquire ;,of the valuable aid - of my Hon. friend (Mt. NE 4 t. TaYlo),"('ittalgAjkiiigeltifiristetintliiitelies). Sir, I will mulige to say tb,:ce t, no man in this liouse better qualified kw• melt an- office than. m= H inoarable' Friend—(ifirodeekrigiii).—Sie; shade lßte to stv those men'who sneer wherit deliver my consCieati..lq opinion; :AS to the abilities of my How. and. Fiend ; I. do see, Sac, some Motoldess sastm the:.way who haver joat Tenacity enough to count' ten Dior their haws—Oink fuirghing).—t seepersoos of that dtscription who pre. .sous: to sneer-.-meta wha :act to'sacteu, wh•!:,t . at he same time they must hacnnsciees that they at +lamer • so pi u dertro s *heir sire? aid Sir SA=4 lionliay, - a prior lawyer tetuibure, a art .out acted' capacity corppatga with 'those G.ntt opposite, considered that he could not:better employ his ,valatibie time, than by' nteetirl ehy HOnottrable and* Lean* E!iesiskandcottaulting- with hie* *Ay after day s supporting hire, in pubtic ariliii raltiote, itify Hon. !and Leeined Friend* ttislil#iften) hat beittiwej lomat credit Oft staying :IWO , When; 'ewer Witneitti Witte 'unlined; and only cursing dean whenever a charge w as made, b o ldly t o meet it. A charge, indeed ! what likelihood was there of it was truly, very bold in that Noble and Learned Personage to on "hose occasions: nothing Makes a ilia% mote bOld than absolute safety, and the ctinsCious nein thererif.(tleers). The Noble and Le.rned lord lays it down as a rule, that he would abstain horn attendance during the examination cf witnesses. " I will not," says he, " overawe by my presence an enemy, encourage* a friend ; bat I shall take care that such men shall set on that Commission that it ;Matteis not one straw Whether I am there or nat. :You shall not be overawed by me, Oh. no. I shal not 'seven attend two day,s out of four. I shall only come gown to meet the charges against me ;but I'll take !if& good care who you are; I'll watch your'proceedo rings ; 766 shati't know when I'm co•ring ; but I'll steal upon you like a thief in the night''—(great laughter)' 'But let us see how this pure commission is constituted. , At the bead stand's the Lord ChaniellOr himself. Next 'stands his old,, tried, right-hand . .friend* . (Loid Redes .cfale), a man Who, mounted the laddei of political pre feirnent at the Same time With himself, but always ;stell'lsehind him. Thus, when Lord Redesdale !came Chancellor in Ireland, Lord Eidun took the Seale' Div E upl a nd. " Him, therefore," says the Noble Lorff, I deeni a fft'ind proper person to stand next to me ihis - Corronission. Next shall come the Vice.ChaM• celfce., an Officer of my ovrneourt." And who does 'the House suppose stands next? A Noble and Learned lord who hat been just raised to the Peerage, and most :assutsdly a person more qualified for the impartial *discharge of such an office can hardly be imagined.— To the. Lord Chancellor he owes all his fortunes; from being a practising barrister at Exeter Sessions, he comes up to London. and in thi ee 'weeks after he is made Solicitor-General. He obtained all his reputation upon tick and credit —(A Jaugh); and since that he has shewn' nothing whatever to justify. in the mind of any man, those expectations on which his elevation was founded . an ascent upwards, I will venture to say, exceeded by 'none :except by those who go up in balloons —(Roars of laughter). That Noble Lord has, however, tasted, not the Royal, but the Cbancellarian bounty ; first, he was ,promoted to . the Chief Justiceship of the Comings) Pleas,,being the youngest Judge, except *Lord king,- that ever held the office ; next, by a kind of unintelli .gjhle legerdemain, he was suddenly transfornied into a NLIAer of the . RollHA laugh), the moil lucrative anal, :least troublesome'of the law appointments; and , that the latent lurking zeal for his adeancement miabi be fully gratified, 'be is subsequently made a Peer 'of the Realm ' • a Vice-Chancellor, and . Deputy 'Speaker in the House of Lords, and head journey man to' the Lord Chancellor (Great laughing) We may, therefote„ easily conjecture with - What security that Nobles Lard would be dispOsed to scrutinize di,: conduct of the Lord Chancellor. He must, no doubt, entertain the sentiment which Walpole calls gratitude, and a lively sense of favoirs yet to come ; and indeed he. has been mentioncd to enjoy to such an extent the ;special favour of the Noble Lord who at. present holds the Seals, that it is thought he will inherit a legacy, the most valuable indeed which any legatee can enjoy, 'fat it it.whisperel that he moths to demise him the Great Seib-(A laugh)—for the term of his natural life, for that is how the condition on which the office, is itecepted; . Lord Eldon. has held it for 25 years, he now means to ,bequeath it to Lord Giffutd—(Cheers). What signifies it whether he-is in attendanceThet e?' Lord Gi!. ford is at his post ; Lord Redesdale is not wanting; the Solicitor-General is sure to attend ; Mr. Cox, the Master, and others whousay beMastersinChancery,will not fail in their attendance, for we find that CommisSioners do not go out of the road orpreferment; and though they may for a while linger' in the Salley of the. Shadow of En quiry, they will inevitably enjoy the delights of a happy resurrection, and the Noble Lird, the great dispenser of official bounties; will be their staff and comforter, still to bear them up against whatever public obloquy they have to encounter—(Greet applause and laughter). Lot me, gays the Lord Chancellor, name my Judges.— This Lord reminds me of a circumstance which once occurred at a Country Assize. Thee was a case called on at Westmoreland, it was the case of " Thompson v. Jackson." In calling over the Jury, the name of John Thompson was cried out." Are you any relation`to the plaintiff?" said the Judge. 1 4 Why, please your Worship," says the man, " I is the plaintiff"—(A laugh).—So in the present case, the inquiry affects the conduct of the Lord Chancellor ; and when the name of John Lord Eldon is coiled over amongst the Commissioners, should he be asked whether he is any relation' to the Lord Chantell-a. ? his answer must be, " Why, lis the Chancellor." The poor.man had actually sworn wel and truly to try the issue before him, so help him Goo; ' but that would not 'satisfy the Judge. Here, however, the Lord Chancellor is not upon his oath, and he is sue- rounded by Men more wicked than himself—(A laugh) —and this is what my_ Learned Friend (Dr. Lushing ton) calls a scrupulous inquiry. The two points to which I understand the inquiry is limited are. the extent of the jurisdiction and the practice of the Court. I very well remember the time when a man must lay his account to be charged with disaffec tion and ail kinds- of Jacobinism, if he dared even to insinuate that the law was. deeetive, and our system of equity susceptible of improvement. He WAS immediately met with—" 0:0 for Goo's sake, don't talk' about systems, they are the corner -stones of our national prosperity, the sheet-anchor of our hopes, the ground-work, the pillar, the bulwark of our Laws, Religion, and Constitution. Defend all our systems, by ail means defend them, whether it be our Parlia mentary system with our rotten boroughs—(Ueeers), our Ecclesiastical system with exorbitant tithes, or our. Judicial system with, Special Juries and translatiors of , Judges." I have known men who were prosecuted— .aye, and to conviction too, for having attacked the system; and yet no man proclaims to us more loudly thma the Right Her. Gentleman (Mt. Peel) that the system is detective foam top to bottorn—(ifear,hear).— I nod it hard to accoant for this now, upon any other Around: than that it ants a purpose to abuse the system mid screen the mat ; and consequently we hear, night ,aftoenight, the system blackened much beyond its de ,soreings. I wish m 7 Hon. and Learned Friend op posite Coo: te.taa ) would answer me this qoestion If he were even to make a sign it would com ,tbiciate-r-asatn°ly,, whether they meant to inquire ioto tin protest° of I. e system or ot the man, and eake to ibek'aid the v 'dors of: the- old practitioners? If my ..~ '• • ~, - Hon. and Learned Fiend will , not tell me that such is 'lltatre been favoured withoi Oitogeaplr ic . Niel of p ori cAi 'the evidener,in which' I find art/pow of thi 441: ' , How !king cars Amen sit in theCottrt of c &wary?" The answer, is, si No man can sit in the Court ofCbehee!isix howl' and keep his mind stretched all the. time 7 „Now,.the inference from this obeiousli is, -thatpittmg from len to four the Chancellor emu's' not get throngh the busi-, ness unless a miracle was wrought in.his favour. Alt is it not strange. that witb.all. the learnins,both:cf 924- : .. cery and Doctors Commons, which that t Coornislion contains, that this question should havebeen. allowe s a t:s stand still ? Why 'a boy, .with his % it:on . for the hot day, would have pushed the question further. He would naturally have said, .4 WO have the major ptopesiti4o, but not the minor," and he would have asked, "Dretti:Q. Lord Chancellor, and the other Stinky : Jolt!. sit t;dc hours every day with their minds stretched 411 thew hi lef". 'For without the second question, the, first leads tb no conclusion. The great questi-n which the Commis sioners have to decide is„ Whether the fault or the.de . lays in the Court of Chancery lies in the : Man or in the Court? It is impassible that they . can determine that question unless they have examined cause papers. I ask if they have had those cause papers, sheeing %tow, many.fies lave been paid in ccinsevence.of ths . delaye, which have taken place day afterday, when jiidgMent has been deferred, although that judgment has been ripe? No. I will lay-my life that not one of thOse., papers has been found within the fOur corners of the room in which the Commissioners have seventy times. assembled. foam convinced thit. if ihey were to meet seventy times seventy times, they *Geld not cA,II lor . such paper s . ~ It is for Patliament, then, to supertutend i the proceeciiiigs of the Commission—it is for P?rliartent to supply the deficiencies of that Commitsio : i Unless this be done, the whole of the proceeding will be a mockery of justice, even more shameful and disracettii than that which I have always hitherto considered' . at the grossest ever . palmed on the world; After naming a Commission it the disCretion of the per- . sea whoie conduct was to be enquired initsa Com mission composed of Masters of Chancery, a Selicitora • General, favonritei of hiiown—after placinthimielf at • the head of the bodyafter constituldlig himself the . Foreman of the Jury—it will be too much 4 we permit a ginning deficiency of evidence in an inquiry so vitally intere.ting to the country. "fo the motion ( f my Hon. Friend, the Member for Westminste - , no answer what.: ever ligii" been made. _That motion has my liearty.sup port. If it be acceded to, it will coriect all the evil of which we•complain ; if it be frustrated by a Ministerial majority; it will be frbstrated at a moment* when I ash sore . *bole people' rrC .of Roglaare - In its fivour— ( Hear, bear): • . ' Dr. LUSHINGTON , in eofdanatitstir c o u ld not ittlm . t :that the Lord Chancellor had exercised, : any itifinenCe • 'whatev:r during the inquiry. He put it Co his bro th er I • 'Commissioners, whether the Lord.Chaocellor had been present at the examination of 'more than thret or four witnesses, put of Abe whole number examined? They hadfollowed tip the inquiry according to the plan Ar ranged by the Committee. The proper time. for in quiry into the conduct of the 'Lord Cbaticellor wuukl be when the jurisd.ction of the Court was examined.— In case they had gone further in the" examination than the rules of evidence allowed, they could not have diss charged their duty fairly. • Mr. TINDAL wished to say a few wends on' the question. Wheher the Report ought to be laid or. the table, would depend on what had b en the course of proceeding in the Committee. From the beginning of the Commission, they had . directed their attention to two points: Ist, They inquired into : delay ; and, 2dll, The expense in a snit, from its commencementliti C.4liii... cery, to the termination. If they could prevent lelay and expense, a great object would bt answered. In the examination of witnesses, they had 'proceeded fairly, . and to the best of their ability, be:ng - desimus of aii- • plying a remedy for expense and delay. They had ' acne on gradually, and he would pledge hiroself that MI individial , enersioas toot Not be wanting to get the Report ready to.bepee seoesd to his Moiesty before the next Session. • Mr. Secretary CANNING said, he would occepy the House only a few moments; but he was desirous -of shortly stating the grounds on which his vote in oppo. 'aition to the Honourable Hiroiset'a motion was founded. Throughout the whole of the very able nod very en•er tatining speech of the Honourable and Learned Gentle man, there prevailed one error. It was of such a na ture that, when exposed, the whole fabric 4 the Ms. nouiable and Learned Gentleman's argument must fall to the ground. The Honourable ind Learned Gen tleman seemed to think that the -. Commission was instituted by the House, and that it was considered by the country as a criminal inquiry: No such thing. He (Mr. Canning) was sure that no man in - that House voted for the appointment of the Cinumission with that view, and he was sure that no man in thecountyy linked it it in that view; and he was.< quilly sure that it was not considered in that view by the. Members of the Commission themselves. The Honaurabltrand Learned Gentleman had talkeZ of its haying been in former times the usage of the Home and of the country, cautiously to avoid all • inquiry into ~ systems, and to look for errors in men alone, and of its being the usage Its the present times to avoid all inquiry respec - ing men, and to search for errors in syltems only. He (Mr. Canning) uas quite convinced that there was no desire in any qua ter, ot in the House at large, to shield an y man if guilty of improper conduct. .but whit he and the Houle and the country understood to be the duty, of this Commission was, nut to pronounce - on the guilt or innocence of individuals, but to put the House in posses. sion of the result of their inquiries, in order that the House might determine whether it was the' sysleatit: self, or the administration of it which was faulty.— Tire Hon. and Learned Gentleman assumed, that it was taken for granted, that the fault must be in the - maw, and recommended the Most severe and unsparing sent. , tiny by the Commission into the Administration of the Court. It vs.'s - plain, from what had been stated by the Members of the Commis:ion themselves, that the flein. . And Learnet: Gentleman had miss arrived this point. If theCommissione.s thought they were to consider that the fault most lie in the administration of the system; would not 14re a a d n o d p y m u st, h e e m m ich be itse r ba fo l d f : been explained t e e x r p ov la i i di ned an b a y ba . the did him tooter While that Hon.ead Learned Gentlemaa greatw il h o i n cis tne: d dn i d d tilnLe b e i c m taoh:lenerseds honour, aid with a candour whicif remained a Member of the Comaitsion, it was Worn& ble that any one could think the conduct of the Commis,. sin° justly liable to imputation. lithe fault ot the ad i pip oistration, mild not of the system, h d been the object ( I f the labours oldie Commission, then the speech of t'e Hon. and 'Learned Member for Winchelsea would have been in its proper .plate. The dissection of the Cosnmission by the Honourable and Learned Gentle man, would, indeed, have been a powertul one, if le :