Star. — London, England, 1813-02-16 00:00:00

'S _\ _ e 1 ... gage the Chancellor from a gnat porticavortiajlt•, dicial functions, there were two thltigs to be estalt- ', dished. It would be necessary, then ore, to enquire, 1 I st, whether it would bean evil if the measure were to be attended with such consequences i and then, 2dly, whether it would befollowed with snch conse quences ? It seemed to be pretty generally admitted in the former debate on the bill, that there would be a manifest evil in such a change of the office. He would, however, shortly state the views which he himself entertained on the character of the evil of such a change. Every Gentleman who heard him, • whether a lawyer or not, was well acquainted, that in all modern trials in Chancery, the judicial duties were not only satisfactorily, but splendidly dis charged. Besides this part of the functions of the Lord Chancellor, there was another which, in his conviction, was 'of the utmost importance, and which, he thought, had not hitherto been sufficiently attended to in the discussion on this Bill. As the head w a the law of this country, the . Lord Chancellor as the patron in some sort ofjudi- i cial appointments. His recommendation had, it was known, great weight in the nomination of the Puisne Judges, and various ministerial offices of the Courts of Justice. Our seats of justice had been hitherto filled with persons of a learning and character en known in other countries. * That this patronage had been always hitherto so splendidly executed, could not be accidental ; for accident was i,t,ended with one consequence to-day, and another to-morrow, — The inherent source must be in the character and constitution of the office. He would therefore ask, what was it ? The Lord Chancellor was always one of the most eminent lawyers of his day, and Why ? because the duties of his office necessarily required that he should be so. He had always oiled the seats of justice with persons of merit; because having lived all his life with lawyers, his feelings as well as his honour prompted him to attend only to legal merit in his recommendation to appointments. If this was true, did they not by the alteration its question, ha zard a change in these results ? If the Chancellor's situation were to be considered as primarily political, and secondarily judicial, would not the judicial seat be apt to be conferred on those who had most apti tude for the primary duties.? If the choice were thus to be directed by political distinction and political connection, the consequence would be, that when a lawyer saw that it was not legal eminence, but other talents and other qualities which led to the judicial seat, all persons of talent would be drawn from the law to seek after political distinction. The Court of Chancery, as an appellant Court, would lose its con sequence in the ayes of the country. If the Chan cellor did not live with lawyers —if he was himself a politician, would he not be apt to make choice of po liticians rather than lawyers for Judges ? The mag nitude of the evil, therefore. was nothing less than a change in the whole judicial constitution of the coun try. But was it likely to happen that the Chancel- HOUSE OF COMMONS. for, in consequence of this Bill, would be so disen- Lord YARMOUTH resented a Petition which he said was gaged as to lead to the evils which he bad anticipa siine.d by be a:ern 14 and 16,000 Freeholders and Inhabitants of tect? The Bill bore to be framed on the principle, the county of Lancaster against the Roman Catholic Claims. — not to render the duties of the office less laborious, The names included a great majority of the property of the county. Ordered to lie on the table. but to provide an assistance for the dispatch of that 1 tee Smithfield Market improvement Bill was read a second increase of business which the labour of the Chancel time. lot could not possibly perform. It was not to make Mr Alderman ATKINS, as Chairman of the Committee cep- the Chancellor of the present times less engaged pointed to try the Weymouth and Melcombe Regis Election, than the Chancellors of former times, but to provide presented a krport from. the Committee, stating that panic! Lewis, pit the dime of his examination before them, had been for the increase of busir.e;s which had since taken guilty of gross and wilful prevarication. He moved that Daniel place. The great objection to the Bill, therefore, •Lewis be committed to Newgate, and that the Speaker be direct- was, that be i ng introduced for the purpose of dis eta to issue his warrant accordingly.—Ordered. Mr. M. A. TAYLOR said, he rose to complain of an un- patching this increase, it would afford an oppoi tu- Merited attack which had been made upon him by an individual nity to the Chancellor of disengaging himself from in one of the Daly Prints, and which, while he had a seat in his judicial duties. The first question to be conside that House, he would not submit to. He had no objection to . .s • ~ . re d wasp e nat was tne extent o f the i ncrease ? In the pubhcw ion of the debates of the House; but in these debatts false accounts ought not to be suffered to go out to the public, very recent times, (sixteen or twenty years ago,) the n,r false insinuations allowed to be thrown out, which might person who was Lord Chancellor was not 0111 ade. have a tendency to lower the character of any Member of the quate to discharge the judicial but the political duties Rouse in tie public estimation. He had occasion to notice an of his office. By political duties, he meant merely his attack which was made upon him in the same paper about two duties as Speaker of the House of Lords, and not as years ago. Whether this originated in any ill-will entertained against•him by the Editor of the paper or not, be could not say. President of the Court of Appeal. Now it he were 'I his was not l his case alone, but that of every other Member of to suppose that the business of the Court of Chan the House, the Press was now teeming with these sort of at- cery had been since doubled, if another Judge were tacks, and eyety individual ought to resent them. Within these to be appointed, that Judge would pot have the v`vaits hi had a right to look for protection. He appealed to the kiouse if teere was a syllable of truth in what the Extant - had whole of his time occupied, because the Chancellor esst-rted in his publications. In the account of the debate on the had formerly a great part of his time occupied by Vice-Chancellor's Bill on l hursday night, he was described as the dispatch of political duties, and consequently, if Kiivailcourseassailed of his speech. lie Nice -Wed to the House if this was the case. In tlig paper in it had not been for these duties, must have been able querionhe was described also as having, with a degree of arro- to discharge a great deal more of Chancery business. gime, said be would not waste his valuable time in answering But to say the business was doubled, was a proposi- Lyme; Redesdale's book. Such was the vicious and unfounded tion so utterly extravagant as not to be entertained mode us attack resorted to by the Editor of this paper. (A gene ralfor call rf " head, read!")—lt was nut his intention to read the account, as he did not wi.li that the individual in question should one-half, this was almost as extravagant. But say it be visited with punishment. amounted to one-half, what would be the quantity of Ibe aPE,•KE.R said, if a complaint was made by the Hon. time unemployed ? There was first the time ()cell /*miter, be ought to deliver in the paper. The House was not p i e d •i n pl the political duties, and then half the rest of to notice a practice which it did not mean also to punish. Mr. TAYLOR said, he did not wish the matter carried far_ the time. But there was something like a measure ther at pr:sent ; but if the practice were to be repeated, he should to estimate the amount of the increase by—he said, certait ly move for the purishment of the individual. something like a measure, for from the nature of the Mr. HILFY ADDING lON moved for leave to bring in a subject, it was obvious that no precise measure could Bill to aitemi the Local Militia Act, and thp Scotch Militia Act. Leave graitwd. be obtained. The actual quantity of the accumula- Mr. MELLISH moved the second reading of the Grand Sur- tion was known, and by dividing it into years, be tty Canal Amendment lint. ginning with the year when the excess first happen- A discu,'ion of sonic length took place—after which, the ed, they could have the measure of the excess trom House day ded: year to year. If the period, for instance, was 20 For the second reading, Sae-Against it, 45---Maietity against it, tS. years, it would be exactly the measure of 20 years' Sir HENRY PARNELL gave notice, that on the i'h of increase, provided that the pressure of business did March nest he should move for a Committee of the whole House not lead to extraordinary exertions on the part of the on the subject of Tythes in Ireland. Lord Chancellor. But it was impossible that there ANIERICAN PAPERS. • Mr. A BARING asked if it was the intention of Ministers to could be any extraordinary exe r tion ; for the ye ar found any motion on the rapers respecting the dispute with Ame- was wholly occupied by ordinary exertion. He rita, now on th:: table ot.the House ? meant, that the extraordinary exertion could not be • Loid CAff ILi REAGH said, it was intended to move an Ad- -0 any considerable de g ree ; because in August la s t dress to the rnce Regent, approving of the conduct of his Ma- C P ear, the present Chancellor was Occupied a fortnight jesty'a Government, and assuring his RoTal Highness of the sup- y i• port of the House in the prosecution of the war, more than any of his predecessors; but then the ad -1 ' • VICE-CHANCELLOR'S . EI LL. ditional time withdrawn for the addition to his poli- Lord CASTLEREAGH moved the Order of the tical duty was an abatement more than equal to the Day for the House going into a Committee on the other. His remaining subject of inquiry was, how V t e-Chancellor's Bill , long the increase had been accumulating ? Of this On the question 101 - the Speaker's leaving the Chair there was no satisfactory information in the Reports. beiltg put, He would assume, however, ten years as the period . Mr. LEACH said, in rising to oppose this' mo- ,of the accumulation. Now, how long would a judge tion he must admit the extent of the evil against , be occupied in reducing it? There was at present un -1 which it was the declared intention of the bill to pro. decided '217 appeals, and 130 causes, in the Court of vide, and that the evil dermnded an immediate re- Chancery, besides several which were not original, in rnedy. He opposed the present measure, because it j all +7O causes. Now allowing 70 for the current busi appeared to him to tend in its consequences to disen- . ness of the Court; the armor might be taken at 400 gag e the Lord Chancellor from a great portion of his ; causes. The accumulation, therefore, might be stated * . meliciul to ctit.ns, and to render an office which at 400 causes; and' the question arose, how lon g was pi imarily judicial and se co nd ar ily p o li t i ca l, would a si ng l e Judge be in subduing it?` It a single ptiMasily p laical and secondarily judicial. He op- dodge could 'subdue this arrear in one year, then posed it too, becauSe there was another and an ad e . would the dispatch of the same increase of business in spate remedy to which no objection could be nude, i MUM occupy only one-tenth p. rt of .he time o! tha t lie stating that it would have a tendency to dusk. Akige. Viewing the matter as he did, it would not PARLIANEIgiIAr PROCEEDINGS. }IOUSE OF LORDS, FEBRUARY IS. In the Appeal ." Parmeter and ethers e. the Attorney-Geye ral," Mr. Jervis was heard on the part of the Respondent, and ,1 1 / 4 1r. Han in roply.-1 admen' affirmed. Ile Oaths were administered to the Earl of Sr.tantx and . Lord DE DUNS EANTILLE. 1.00 DU: NOAS presented a Petit** from the Prisoners eon- M i mi for Debt in the Gaol of Halifax, praying for rellef.—Or dereti to lie on the Table. The Bishop of GLOUCESTER presented Petitions against tke Catholic Claims, from the Clergy of the Diocese of Gloom. ter, the Precentorn and Canons of St. David's, the Clergy of St. Brecon, Carmarthen, and Cardigan ; which vote or dered to lie on the table... The Duke of NORFOLK observed upon some of the Peti tions. and took notice of the word Romanists in one of them, as a new designaion given to the Catholics in public documents. — if, hens ever, it was meant to substitute It as a milder term for that of Papiits, he had no objection to the change. Lord DE DUNSTANVILLE presented a Petition to the same effect, front the Corporation and Inhabitants of Penryn, stating that it was carried unanimously, at a numerous Meeting. The LORD CHANCELLOR objected to receiving it as the Petition of the Inbahitante, as the : common seal of the Corpo- tatiort could not represent the Inhabitants who were Mat Cor r!rators. Th. Petition was, therefore, received as the Petition of the 12, aro rati o n ono • Ibe Duke ni 110RFOLK wished to know the number of the te i habil ants of Peeryn ? Lord'DE DUNOTANVILLB said, about 2800. He bad not, however, referred \o the number of Inhabitants, but to the Peth lion being unanimously agreed to, at a numerous Meeting.' lord Viscount SibMOUTIJ presented a Petition to the ;acne effcct,. nom the Corporation add Inhabitants of Colchester. — Ordered to lie on the table. I ord Sitacount MELVILLE presented Petitions agalust the cherinuance at -he East India Monopoly, from Edinburgh, Mon. tiose, and %tring.—Ordered to lie on the table. His Lordship al.o presented a Petition from the Conunittee sof the General Assembiy of the Church of Scotlard, praying, that as a great part of those persons who went from Great Bri tain to re.ide in India, were members of.the Church of Scotland, there ni:ght he, in any future regulations relative to the trade to hullo, cam taken that such persons might have the means of re sorting to the forms of worship of their National Churelio-- Ordered to lie on the table. '1 he Duke of NORFOLK asked, whether there was any im pediment to a trectolerador of all denominations of Christians in India? j.orel Viscount MELVILLE said, there was no impediment in India, but 'IQ person could proceed thither without a licence from the Coi.rt otpirectors of the East India Company, and they were disposed, : in the case of spiritual persons, to confine those licences .o Clergymen of the Church of England. Ihe Duke of NORFOLK said, it was the first time he had been aware of the extreme solicitude of the Court of Directors for the established Church of England. The Deka at NORFOLK presented a Petition against the ectininuarce of the East India Monopoly, signed by the High Bailiff of Birmingham, in the name and on the behalf of a nume rous Meeting of the Merchants, Manufacturers, and Inhabitants gf that town. The LORD CHANCELLOR observed, that the forms of the House prevented the Petition front being received, except ;a the Petition of the High Ballff of Birmingham, by whom it was signed. After a few words from the Duke of Norman, ,he Petition Teas-received at.d ordered to Le on the table. Adjourned tilt to-morrow (this day). • . • • take abovemitelear of thelabonr of a single Judge Hons.' ? No man could come without authority with to subdue the present.agear, provided that:Judge sat a matured plan for the consideration of the House 6 on every judicial day. 10f such days there were 200 .but an, man might come forward and state his opi. its the year, and so, at the rate of two causes in the nion on such plan as was submitted for their cnnsi. day, the whole arrear.of four hundred causes would deration. He should, however, suggest to the House be disposed of in one year. Even these four hundred a remedy, which, he was satisfiea: would be found causes could .not all be efficient. 4 great many of fully equal to meet the evil in its broadest ertent.~ them would be for delay ; as, wherever an accumu• There was an office created for no other purpose but mulation took place it naturally fed itself. Of the to assist the Lord Chancellor. The office of the four hundred, he could not suppose that fewer than Master of the Rolls was such office, and the question fifty were for delay. It was, as he.had already said, was, could the House, by a different distribution of his opinion, that a single Judge could subdue the ac- the business, make him more effective for the end for cumulation all in one year. This however was only which . he was constituted ? As he had only twenty his private opinion. But, he asked, had the House effectual juridical days, and only 100 fractions of any mode by which to judge how far this opinion days at nresent occupied, so it followed that he had lwaser was not likely to be well founded ? They one half of his time unappropriated. But it was said, ' bad the evidence before them of the number of causes he bad other important. ditties to discharge ; he had disposed of by the Master of the Rolls within the to attend prize and plantation causes at the Cockpit. year. They aatou,nted, of litigated causes to 370, He (Ur. Leach) however contended, that the Master and of petitions not of consent, to 670, which were of the Rolls had no more to do with those causes equal to twice thirty causes. But taking them as than aziy other Privy Councillor. He had his (the being equal only to thirty causes, this made up 400 Master of the Rolls) own words for saving so, for he, causes decided by the Master of the Rolls within one fi ve years ago, wi th drew from them for 15 months. year. But, it was proved by evidence before the Could any man conceive that this great and excellent. House, that the Master of the Rolls had a great part .officer would have withdrawn himself from those of his time occupied in other business, besides that of i causes a if it had been his duty to have attended to equity. In how many juridical days did the House them Such, however, was not the case ; but it was suppose the Master of the Rolls disposed of those a mere voluntary occupation of his unempoyed time. 4.00 litigated causes ? In 120 juridical days. The And should the House not rather call on this great Master of the Rolls sat in Equity no greater number Officer to do that for which he was created, rather of days in the course of the year. The days that he than safer him, because he is not sufficiently occu did sit too, were improperly te r med days—they were pied in that, to employ his time in what was not his but the fractions of days. He sat, in reality, but '2O duty ? It became the House not to appoint two juridical clays in the course of a year, and the other assistants to the Chancellor, when the husieess of days on which he did sit were but fractions of a day, Equity could be done with one. The question then namely, from six to ten in the evening. Then, in was, could the Master of the Rolls give the aseist e how long a period would a Jude, sitting juridical ance required to the Lord Chancellor ? To decido days, subdue this arrear ? The Chancellor'S regular this question, let it be seen how much of his Honour's juridical day consisted of six hours ; 200 juridical juridical time was employed in matters of Equity...a days of the Lord Chancellor, therefore, were equal To decide this, he must gala° a pretty minute de. to 300 of the Master of the Rolls' days ; and, of tail, as were he to omit doing so, and only simply course, a person sitting 200 juridical days of sixhours to assert that so and so was the case, he might be each, would decide three times the number of causes met by a counter assertion, which would be of equal now decided by the Master of the Rolls within the weight with his. The Juridical year, in a corn tof year ; that is to say, 1200 causes of the same nature, Equity, consisted of 36 weeks; this multiplied by with the *OO at present decided by him. But, it six, produced a result of tetei days ; deducting the might be said the causes so decided by the Winer of court days, which he should estimate at six days, the Rolls were not of the same difficulty with the there would then remain 200 days, on which the. causes now in arrear. Suppose three, however, to he Chancellor sat. Then on how many of those days only equal to one ; still, on the principle now laid did the Master of the Rolls sit for the purp-ne of down, the same Judge might Within the year dispose assisting the Chancellor I To shew this, he should of 100 difficult causes. Suppose that the present in- state when he did not sit ? Diming term time he sat crease, then, had been produced in ten years, and three evenings in the week, and on the other thret that one year would be sufficient to bring up the ar- days he did not sit at all. There were three terms of rear, it followed that the assistant Judge would in three weeks each, so that there were nine days la future render all the aid to the Lord Chancellor . each .of these terms in which he did not sit at All ; which, by the present bill, it was meant he should this made, for the three terms, 27 days on which afford, in the tenth part of each year ; and, when the he, did not at all sit. The fourth term cons.steel of increasewhich had already accumulated, was subdued, four weeks, producing twelve days on winch his that only one tenth part of the' time of such assis- Honour did not at ale sit, making a result •al the tent Judge would be necessary for the dispatch of the whole of 19 days ah which lie did not sit at business which he would have to execute. Suppose, He never sat on Saturdays out of term, except on the however, that even one-tourth part of the time of this first Saturday after each term ; this gave 19 Satur assistant Judge should be unemployed, he asked, was days out of term on which he did not sit at all ; this not this likely to lead to the evil to which he had al- added to the former 39, made 58 days on which WS ready alluded ? And was it not to be expected, that Honour did not at all sit iu Equity. His 11.nour some other part ot the ordinary business of the Lord never did sit on seal days, and that for a reason which Chancellor would be thrown won him ? Gentlemen did not now exist, namely, because it was formerly might say this was oot a legitimate argument, and that no unusual matter for the Chancellor to sit on seal it was not fair to say, that there must be, because there days, probably till two o'clock on the following mor. might be, abuse. The question here to be considered fling, and the Counsel being the same in both Courts, however was, if the convenience of the use expected to they, of course, would be engaged before his Lord be produced, might not beout-weigliedby the inconve- ship. These seal days amounted to 20, making, with nience of the abuse of which the proposed measure was the former, 58 days, a total of '7B days wholly nnem susceptible ? And, in his ( Mr. Leach's) opinion, the ployed by the Master of the Rolls in equitable jurisdic latter intinitel outweighed the Harmer. The law did tion. The'Chancellor's days, though he ought regu not presume that a man would do his duty because I lady to sit from ten o'clock till four, would be over he might do it ; it rather took care to provide that rated if stated to be, on an average, tour hours. The he should do it. If it was to be supposed that a man I days of the Master of the Rolls would consist of six would do his duty, dive was no law on the subject hours ;so6o of the Master of the Rolls's days would wanted. Here a case arose, in which the Vice-Chain- be equal to 90 of the Chancellor's :to this add 'lO seal cellor would have a considerable portion of time on days, which would be equal to 110 days, which the his hands. His time was placed at the command of i Master of the Rolls would be able to add to the 200 the Chancellor. The Chancellor had the duties of a • juridical days of the Lord Chancellor. Suppose the burdensome office to discharge ;he had also other l increase of business to be equal to one-halt of the services of a different description, which were occa-; whole, here it was all provided for and more. He stenally required of him. In these circumstances,! asked of his lion. Friends to consider this, and to was it not possible that he might feel inclined, at . answer it if they conk. Let them swell the phan times, to yield to the pressure, arid employ the Vice, i torn to any size they pleased, and let them say if these Chancellor in what ought properly to be executed by 110 days would not only afford ample assistance to himself ? Might not the House necessarily conclude, the Chancellor, but were out of all measure above that the Chancellor would occasionally yield to the the evil. And if so, why were they to enter on this pressure, and now and then sink into indulgence ? , new measure, calculated to produce so much evil, But it was said on the other sides the eye of the pub- . when there could be found in an officer already esta lic would be upon him, so that no change of the kind! bhshed for the purpose more than ample means to was to be dreaded. This he did not question. He sup ply the remedy ? He was aware that there could did not expect any violent change. What he antici- be no objection to what he had now suggested, except paled was, that the practice would creep in imper- i what was personal to that great Judge to whom he h ceptibly, and that the proper duties of the Chancellor ;so often elluded. The business which he purpo,eu to would, one by one, be transferred over to the Vice-' withdraw from him, to be sure, was not so great .s teat Chancellor, till it should in time be forgotten that which he had suggested the propriety of imposing on there ever was a Chancellor with those dam. And him; but he asked, would this truly eminent and mai ! this, too, would he the case, even where the Chan- torious person, in that case, have more to do than tie •eellor was effective and the Vice-Chancellor was not. other Judges ? The Chancellor had as much to du at however, was not all. There was another view present ' • and why should not the situation of Masterof 'ot the case, in which it appeared most important the Rolls be rendered as efficient ? It any Magistrate 'that the •duties now pectormed by the Chancellor in this country was entitled to call for a sacrifice to should not be tiancferred over to the Vice-Chancellor. be made to leis private feelings, he confessed that the When it appeared to those who had the command preeent Mister of the Rolls was exactly the person.— , over the Chancellor, that there was an Assistant .But no Magistrate whatever had a right to call on the who had- sufficient time on his hands to ease him of public to make any sacrifice to their private feelings. part of his judicial duties, was there not reason to There must, in consequence of the increased lab , nes dread that he would be involved still deeper than he be an increase of emolument, not adequate, indeed. to had hitherto been in political business, and in intrigue the encroachment made on the case of the trtii end not known to belong to his office ? No rational man nent Judge ; but he was certain that highly respecta could look at the present measure with attention, ble character would submit to the additional iabt.ur, ' and not see, that it adopted, the Chancellor would feeling, as he must do, that the good of the coui..ty at some time or other, and, he presumed to think, at called for it. The encroichment on the case of his He no great distance too, be avithdtaµn torn alt his ap. nour too, he was certain, %%mild not be lot more tem: pellant duties ; and would not chat lead t • all the two years, as then the arrear would have been made evils to which he (Mr. Leach) had alluded, as likely up ; and he would have the satisfaction of having so to result in respect to all our other judicial saint:ions? eminently served the country, while the alteration It had been said, on the other side, that Gentlemen would, in the result, be a relief to himself, rawer had no right to object to the present measure unless . than a burden. Having thus stated his opinion, both they had something better to propose in place of it. of the present measure, acid ot the remedy which he Few of the Members of that House could be suppos- himself would propose to b . .; OSULUte lit i 01.0.. JI 1 , 0 oit ed adequate to form an exact opinion of the evil ; the evil which lie could not deny existed, tic slouid and, it there were not probably more than six Gen- ; not now press his negative to the present bill. He was tletnen in the House who had maturely considered satisfied that there was not, and could not . be in this the subject, . and were awa r e of the evil, how could , House any struggle tor or against a particular Inca. they be supposed to have found a remedy ? Though, sure like the present ; but that the u jeet ot All µ as a, he presumed, he should be able to shew, that an equally directed to the providing of lice best pubs.we adequate remedy for the evil was to be found in a remedy for a public evil. if his hints, t.. 1 ch se ""` ll person of eminence already holding a judicial situa- had - been more ably urged on a fornm nista, by some tion, how was he, an unauthorised individual, to of his Learned Friends near him, requited invest ga come With it matured for the approbation 'of the tion, as to the facts or calcutatioas, he hoped that f• A in 111 iii 4 - be, by by tiro sue o' Ap r !nal ceec 0-iv Frie the I.or heir Lor socc ISil) the iatte now Rep the Mor bute next the ' Si his I of ti with sell° why recei attei grow vitei to IN coot vera eon then tello eeive dish] Ns