The Statesman. — London, England, 1823-06-06 00:00:00

y 4 , S T' ~: ~ ~. - .ad that they were pledged' by their previous measures uter into this inquiry.. The nieeaure which -the House had applied to the evil bad failed to setae a OM' dy • the arrears of business existed to an unparalleled 11•`. teS ; the House was hound to go on until they had moo pimply. art right that state of 'hinge which miauttaostely; • notoriously, and proverbially prevailed in the Coktiesof Chancery, The important object was to find out - Abe vat* of the exit. Was it to be found its dealt/laminas,. Orin — tte system ? If the former, .other tuafteru "Might • room ander the consideration of the.Herias ; • Isbeir. Then they ebonla probe and examine the matter to? •titt-* 9l Win. 14 1 titp Hunse amity recollect the siittrnsousl quantity of property/Dew standing in the Dame of tit* "urgel:dant Coma - No lem. a sum than three end • toi[ty millions t Few. perhaps of those gentlemen who, pow Imard hint but were in some way connecters wash the Court of Chancery, either .as trustee, reprirl ,sentallire guardian, Bsc; Perhaps there might be sense . one or two more nearly implicated; .some one whose property was hang or some nine. or ten years, has .ing a decision in his favour, but without bee.; hair: able to mach a penny of his property in comm.' artence of the system which prevailed in that Court. • • There was not a family in the country whose affairs were involved in that Conn that was not compelled to be in 'almost airily communicatioe with it,. and not one of which the elder braneli at the day of Ills death would. not leave some poribin of his relations with some claims still pending. This. t! erefore, he would say, was the cause ti..t only of those whose present interests were before the Court, but of their children and posterity. It was the cause of oery . part of (wow family whom affairs were put Armlet the jurisdictions of the Court, and who were entitle* to have sottre'reason assigned why they had been kept out of their rights. His Honouruble Priend•tvas taunted last valeta that lie had drawn the eases which' , he exposed tome Howie from a single office. Sorely it it would not he said that the cases before the Court wee* tr. ated differently as cooling from different offices. And nfolp,•s sorb au unjust reflection could be cast with truth on the conduct of the Learned Judge, be thought that' the cases of opprrssio i n end injustice drawn from a partk , color office in a given time might betaken iv. a few ape • omen of the general state d the badness before the •. .court. And referring to those rases as they *ere de- Lst night, be tree stare that it toast strike every oue lilt* beard or read them with asionislimeet how such. • tac's could occur is a civilised country like Reclined,-- • • was said that notice ought to base beets given that loch cases OW la have beta laid before the House. This a' sort of „complaint was unheard of. As to the case of ' Ware and Horweat, it was surely out of the question that the gentlemen opposite could have been taken unawares. ' 'The case ntust have been fully in the mind of the House. The statement was take* from an affidavit on the plea of the Conct since the year lel. therefore it was idle to ta'lr of being taken by Purim bvis statement of this case.. liefere lie went farther he should beg to call the 'attention pf the Hoes. again to this extraordinary case of Ware rand Norwood. The case, - it speared was nine or ten tears 'in Comet under argument, when it was fixed fog, marmot. The 'case, however, waited seven years , dor judgment, having been two years and shall at the bead of the paper. It was , however. C o n s t a ntly I "postponed until at length. the solicitor in the cause f e lts ° strongly the injery dope to his clienti, that he-,that infeelor officer of the Court, ventured to write a 'letter to the Lord Chancellor. That be should venture to rake such a step, was indeed a great • impropriety. 130.00 this private letter should be stuttered privately; 'An a still more serious impropriety. It was wrong as an example, and dangerous tone pure admioistration of justice. This, however, was rot an anonymous letter seat was sent to that Noble Lord. Here he could not av o id paying that lie knew not how to characterise the baseness of ;a Judge who would venture to take notice on the beach • . Arita anonymous letter sent to him. Such n departure from .. 1 -11sgipriety was only equalled by the Impudence of the perion vim dared thus s!landessinely to tamper with the fountain of justice. The letter, however, was not of that class—but pperiy and candidly add 'by the solicitor to the head of the Court. The document was weil worthy the attention of the !loose. It was as follows " Iffx LORD fly client 4 have reason to complain of the tajufy they stutter by their emus not keeping their situatimi •at the heed of your Lordship's paper." • 4 . The answer should have been at once on the part of the Lord Chancellor—" Is this so or not—if it is so, let the al , t hepeicted out to me who has disarranges' my paper."— ' Inn be Liter proceeded thus : • • Nose causes hate been seven years • waiting for judg • ' meet; they were et the top of your Lordship's paper two yore mil a half ago ; and 1 wish they could remain there until 'tbey are decided r 10,0001. is locked up, my Lord, in tenetuntil these causes are settled. It is painful to me to add, that I have learned that the infant for whose benefit the originel suit in these causes was instituted twenty years a 0; leas died of a broken heart in consequence of the *stressed corsoition of his affairs ; and I have to -con tam in all delays now, against the bitter feelings of his teletoas: - This in'ent, like the infant in the play, who bad, contrary tool' the laws of unity, arrived at maturity before. the bib Act, had time to change his character before the close of the cataptrophe. What was the consequence? The Lord than eager went for this solicitor, and after repeated private in sereiesea. he takes the minutes of a decree, wittiest the pri ‘l4 of the adverseNAcitor. Ile was far from imputing gorruption to the. Noble and Learned perso u. The thought '4llll-not enter his mias'. No nee could think of the situation . In which a great body of sailors In that Coort wu placed without feeling the strongest emotions orsympathy for their priestions. Who as there that passed the approaches to ibat Court, and beheld the waste spectral forms of those, who, with aching eyes, still vainly expected that decision Obign was to put diem at last la possession of their long ,kgspended rights; who was there that sew these scenes that lig.notimtaediately call to mind the forcible lines of the put Speqcer— Fell little knowest thou that bast not tried, Whet boll it is, in sumg long to 'bide; • To speed to day—to lewpatlvack to-morrow. To feed on hope, to OK will; bar and sorrow. To have thy asking, yet wilt ninny years, To fret thy soul with crease' inn with cares, To eel thy heemthrougb coeffertless despairs. Tolson, to crouch,•to wait, to ride, to ran, Tospend, to give, to want,' to be undone. Spch was the common mass for the pew suitor to •• pass through, until finally he was.” nndone. He would now :Overt to a case which was pat into his hands that yin slisy. It was the case of Collis and Nott. A bill mast 81 by creditors—a question . arose in the Master's• 'sdfice, whether or Hot the debt was a speciality debt or a contract. The Master reported that it was &sins :re contract debt. Exceptiou,s were taken seainet the .• terse:, aril argued by the late Sir S. Romilly. and the -que,tien 3.0t1.1 for decision.' Last Hilary Terns the Court was pressed for judgment, when it turned ont that the -Lord Chancellor forgot the merits and arg uments, 'and it breams :v neer.lre to rehear the fam c at s the expense . nf,the suitors .—( Naar, h ea r ) Judgment bad not vet teen giver. (Hear.) 'lle forgot ta state . that the /Sill wee fi led in 1752 bear.) Were not 'these cases that Called On the ilanse• to make an inquiry ? Much of what he would. call quitshling h..d been usgal to sh , t - w 'that *but apileored to be arrears were not so in rea lity. Ale did 'twit atiritie for titles; he only knew that there was an extraordinary mass of business before the Court of toa s t standing. It was argued that there was a great iocreese •of business is) consequence of the increase of poii t ilattort. In the Courts in'which he (Mr. - 1.):41- man) had the bo.ooor of practising, DO inch direct had been observed. in these .Courts they had cansase4pers, the rolnnr aJ the grannd SOMPI/111.4.—What 01111 try be in the Court of Chancery ? Compared with them, _..• . THE- STA' led two „a v a il a tazett ild t, alutost t 7O'indthei came.' , and also ° * came tide- lile koowlellgo. • 4 Petition 'came Wore the 'Coed from creditors. 'The Lora Chancellor took the • • of tvro of, the ,Merced Judges of Westminster t they were io favour of . the creditors. No decree, how ever, fell Owed, but the u oney was o r dered to be paid .ialalkebaada of certain bankers. The beakers fikled, end the creditors (the petidorteta). proved their debt. !.1 the dividendi were ordered to be paid into the handsi oiler bankers. In the mean time the Letil Chen.; eollor thought it advisable, upon a subservient applies. lion. to MIN the opinion of two other Judges, and they also decided for the creditors.--The doubts still Along netted the forthcoming decree. But durieg the so.s 'Dense the other hankers f rifed.---(Alaugh.) Aml thus eras the shadow of the shade of tli's preperty ccui pletely goer..--(Hear, hear.) Ile would again protest against this being considered as a personal attatk upon the head 01 the Court of Chuneary. Still more 'lrene) , Vronld he protest against the motion bring treated as an impute tion against all the Judges of all the Courts. Owns insintr ated that charges of this nature were got lap without much dillienitv, in consequence of die iscility of °batting coat-. manicatians. On the eontrary, in this instance,the fact wit the other way. All those solicitors, Counsel,and suitors. who were in a situation to give information, were very na turally Indisposed to disobiklmi the head of tbeCodrt. Hut, In fact. he was not at *ll certain that the hat grimed fee this motion would not be the notoriety of the abuse*. Ile could not answer (or the course of conduct whim those whO had it in their power to make the exposers world pursue. He could only state that he oever talked with any of his nu merous friends practising'it the Chancery bar. that they did net complain of the great strew of business. Petitions were pat forward—what were they ? A stroke of a pen was sufficient to dispose of one. A veiy short time enabled the Judge to go through a large number of those peti done. Again the large dubber of lunatic petitions dis posed of was pompously put forward as a display of in. dustry and attention on the, part of the Lord Chancel! yr. However, he himself was acquainted with ose Specimen of the way in which some lunatic petitions were disposed of, which be thought onghtlo be sufficient to satisfy any person that there was a great deal of ground - fir censure in the conduct of business of this nature. Ile was deli berately of opinion, that full eight years tnight have been saved in thb Portsmouth case, wills which they werei all aequinted. As fat back as eight years a cam tea ls substantiated before : the Lord Chancellor, which he wod4 usulertake to say, no niou ought to have hesitated about granting the writ de lunatic° inquirendu. Fads to con clusive es those upon which a Jury so justly decided were placed before the Lord Chancellor. Enough WAS stated to call upon him, in his official situation. to protect the unhappy man from the widens to which he was so exposed—and had that protection beep afforded to the 'flofortunaue man, he might have been *saved from that outrageous marriage into which be was so Shamefully trepanned. There wig no man but mast be filled with astonishment that the poor being should be permitted so long to lie under a prseru lion that never should have been bezno, and that the (Ague sbonld have been risked of his leaving behind Alia a little Earl Portsmouth, to which lie had go more right than the distant stranger who never saw any rue of the parties. • The consequences of this false step it the Court of Chancery were most deeply deplored. 'l'le ex • posure of degradation and crime which circlateil threughoitt the country might have beta spared by pre venting the possibility of their occurring when the op pOrtulnity was open. Ilk retrospect of eight tears tilled his mind with horror. He did not wonder thtt.so patty and such deep crimps had been perpetrated : he ooly wondered that they had not been more numerous aeit aggravated. lint even when the poor noliappy sun lifter his return from Edinburgh in Aneast lest had mole out such a statement as he did. why was there * teoment's hesitation ? Who after thin could say that they. Were sere that their fast and legal rights would be protected— slim the motion came on for hearing, the discussions it seemed took twenty-six hones. He believed that his learned Friend (Mr. Wetherell) had not been speaking for so many minutes when he noanswerably establ; lral - the proprietry of issuing the writ. It was said that they must hear the affidavits on the other side; as if it were improbable for a moment that perjury would'have been committed without limit. He would now return to the question more immediately before the House. he wotild *:gain disclaim the purpote of casting any reflec tions upon the personal character of those of whose pro ceedings in their public capacity it became necessary to remark on. Surely it was no imputation on the personal worth of a Judge, to say that he was advanced in years; labouring under the infirmities natural to that stage of life, and therefore unfit for the duties of the office which be still occupied. His Hon. Friend, the Member for Lincoln, had stated that the Chief Baron was iodis ported, and Air . Baron Unthaws, the st nior Baron, was called on to act in hie place. His Hon. Friend naturally Inferred, therefore, that he was unable to attend to the duties of his situation. There was as want of respect, no want of tenderness, in these remarke. if he (Mr. D. supposed that - they would be considered in the least offensive to that Learned Judge, he would be tile last to approve of them. He knew the character of the Chief Baron intimately; be respected his talents and his learn lig, and esteemed the simplicity and kindness of his dis position. He owed the Chief Baron much gratitude for personal attention. He had seen him cinder trying cir cumstances, and marked with satisfaction the manner in which he discharged his difficult duties. Unstained in his life, the kindest of men, he was sure of the love, ad miration, and respect, of all who had the happiness of' , knowing him. Could it be with any other than a feeling of regret that he should allude to that event in such a man's life, the approach of which rendered him unsuited to the continuance of his former labours. The general favorite, and the general friend, Who would not grieve that life so soon should end? Daring the illness of the preseot Master of the Rolls, he was sect to the Rolls . Court as his deputy, and lie be lieved the , business etas never more satisfactorily gone through than. by the Learned Judge; yet, notoidistand log, the fatigue of his duty at his great age, he was im mediately after sent on Circuit. This was a statement which would give some idea of tile general state of things, which so loudly called* iremedy. Ile would nut now enter into the vulgar observations wade upon the delay*• and doubts remarkable io all the decisions of the Learn ed Personage who, now presided io the Court of Chan cery, but be must observe that this evil was not to be found id ell cases. His ,first r-'ggestion was always right, and his enlarged awl powerful mind gem:rally came to the same' onclusion, though in most eas-s. often much doubting ; still There were cases to be found in equity in which his Lordship derided promptly aid with out hesitation. ' tin the question which , was dehated in that Hoes., and wilich was so ably discussed by the Rt. Hon. tient, opposite, the alember for shined—the right lie King in Council to expunge the Queen's name ,from the Liturgy, the Chancellor showed no disposition to doubt. lie was at once resolved, and considering hie laserdship's propensity to doubt on that ocrasion—"jai ono y u g d s dabitat, kin d eisitet, et qui temper dukitat, hie non dubilacit." Notnitlnnandiug that many individuals of great legal knowledge were ofia contrary opinion with his Lordship on this subject, yet he sai I at once. and Without hesitation, that the right existed. In inanyialier cases too, Isis Lordship showed n» idelination to dotilit. He did not hesitate to declare, tliat that lilustri.ori lady Was nuilutitleit to list of witiiesses—a rig hat poss. seed by thelOwest subject, even in eases of high trea seu .— Ilis Lrobiliip was equally prompt olio instsocrs.— 'lle did not hesitate to reject her Majerty's applieation for a spezificati:u of the attack mads upon her. li e a t once _ N. .. tefiniod to allow her any p irticulare 41 the claalee ed.* auw•nifiee being searched, which would assist her in the vindiratlon of her innocence, an I denied her a f sir opportunity of repelling the fool and nnjost charge mad against leer. No time, titt Waste wee assigned. She was cast upon the sea of accusation, oast tossed about by tit storms Of calamity. She was unhesitatingly, refosolct all means of safely steering through that atro lons and tin founded charge. Then out the questions retains; tolite rary property, the Chancellor, -saw thet.• was na protec tion'for such property unto, byinjnnetion, that the s'a tote was nugatory, a& at . Common Law there was no redress; that prevention was the only secarity. Well Mr. •Liwrence, a nautical gentleman, whosielivered seine lectures on the physiology of titan, found that Gin , were printed and psiblished by some bookseller. NOW it was dear that if Mr. Lawrence was guilty of ,!.Leering . the lectures, the bookseller was doubly gadts in publishing them ; hut did the Chancellor say so? No, no, he (bolo od--snd because a Jnry might lir;sl in so ne hole or cor net of the book somathing libellosta, be said he. worth! 'refuse the injunction, nn the ground that he doubted it there were not antic libel in the book. This circumstance he stated just as he haul heard it, aid if.he were not cor rect, he would be set right lay Else lion. tientleui en opp.e. site. Again, in the case of Lord Byron's; Caia—thac too was decidedly a doibt --ta doubt whether it was 14.esplic mous. it was clear that the whole object of the party ap plying gwas defeated by this doubting, because the boolock ap plying continued in the Mean time tusking hie profits. This was quite a newdoe'rine, and be knew of no Chancellor before who • eter refused to grant an injunction in cases Where literary. property was concerned. Nothing totta be snore thisahtelsoas than this doubting, and lie could: not help saying that it was nnfortanate that hits Lordship should posses! A swaty so foreign (nits the character of the human mind, and which so much impeded the dies patch necessary for properly fullillibg the duties of his 1001 station. 'lt etas rather Angular that this doubtink was frequently in cases on which others bail no doubts at all. Ile did not mean to ntalse any charge upon hi) Lordship, but he could not help saying that these frequent doubts gave room' for some suspicion of bias in his Lordship's decisions, pat tieularly in those cases of lite rary property which affected the liberty of the Press. It appeared to hint that a case was maae out which it was impossible for the House to resist. The primal facie case ma le oat by hi! lion. and Learned Friend coatd not be got over. He could not help observing, that it was a strange argument to lie told that we should take our suggestions front the House of Lords, and not decide for ourselves. It Was true we dill so in 1313, and what was the result?:—That a measure was acceded to, which experience has proved not to answer the impose for which it was intended Ile slid not deny that the Chancellor eras in some degree relieved by it, hut this w.es chiefly owing to the extraordinary diligence and dis patch of the %Iced:bowline, to whom the Public were now much indebted, but who, if be too were gifted with the evraorclinary quality of doubting. would bring down nun upon the unfortunate suitor. Such a case for ' inquiry was made not, That It- could not conceive upon what grows.' it conld be resisted. Not only were the interests of every Member% that House involved in this question, hut it also deeply affected the interests of their constituents (almost all of whom were at one time or the other concerned in eqoity suite) and of posterity. He most cordially expressed his intention to vote fur a Committee of. Inquiry, which wits even neeteseary to clear the Cheneellor from else impression of the elo quent and luminous statement of his lion. and Learned • Mr. W. COCIITENA I said that he felt tome embar rassment in replying to the arguments which had been used against the constitution of the CpurtsOf fi'qnity, as he was himself one of the officer., belonging to a depart ment which came under that class. Tice Hon. Member who spoke on the other side had, iu his opinion, travelled into matter extraneous front the subject properly under the consideration of the !louse. The question now was, simply whether a case haul been made oat which would justify inquiry. The Hon. and. Learfied Gentleman who lead just sat down said that this question was not a. all personal to the t.ord Chancellor, but he must sip, that' whatever opinion was enteetaineci of the farmer debate npon that point, there could be n., doubt that what bad fallen from the lion. and. Learned Gentleman was an at tack, not noon the Lord Chancellor's dilatoriness, Of the want of judgment and knowledge displayed by him—but the Hon. and Learned Gentleman seems to dissent; but what did he mean when he said that no one but the Chan cellor would doubt upon the Portsmouth case, or the cases of literary property to which the Mon. and Learned Gen tletsean alluded ? if this then be the charge, how could a Committee of Inquiry correct the evil? It was also said that no intosiation npou his Lordship was made by tier Hen. and Learned Mover, ant that this construction was put upon Isis statement only by the ingenuity of his Hon. and Learned Friend the Attorney-tieneral ; but what, be would ask, was meant by the lion. and Learned tient.'s &Hamlett to a decree hinted to leave been surreptitiously obtained? If this fact were true, it would be a subject fur impeachment, and not for a Committee of Inquiry. If a Committee were now conceded, its real object would be, not to investigate the cause of delay io the Court of Chancery, but the conduct of the Chancellor. That this was the view with which a Committee was called for, could not, he thought, be doubted from the statement of tlae'llon. and Learned Gentleman. If a case were merle out, chewing that there were arrears of business, and that this was imputable to the delay of the Chancellor, he fully agreed with his Hon. and Learned Friend, the Attorney- General, that blame would autach to him; butt he hoped to be able to show that there were no arrears of business. 'Phis required some explanation to make it intelligible to those Members who were not acquainted with the pro- ceedings in there Courts. A distinction was to lie wady between the arrears of business and the number of causes entered for hearing. The nitmber of cases and exceptions remaining for hearing, up to June 1823, which as stated by the Hun. and Learned Mover was (though nniotess.., tionally, he had no doubt) incorrect, was altogether 360. Now, the way to estimate whether these ware arrears or not, wai by comparing them with the causes which . were entering for hearing at any given time, and if they were not the same, they could not be called arrears. The same occurred in Guildhall. There were generally a numberof causes.enterctl for hearing, but they were not the same with those that had been entered the Terms preceding. The !mother of bills filed in 1820, were 2071, in 1821. 2,220. in 1822, 2,4739; and tie 1623, 1,033. Then since Jan. 1322, in shout one year and a half , there were 3;1;21 1 bills tiled in the Court of Chancery. This he stated, in order to chow that the number. of causes entered for iteajing did not determine the arrears, because, besides that they were not. the same causes, there may be a con siderable increase of business. If a number of causes were :act down for hearing in 1321, which did not come on to he heard till 1823, he would admit that they were arrears, but if_ the same number of different causes re• Intetted for hearing et that time', to speak technically, he would 'say, t4at they only remaia Id to be disposed of. Of the 3:id twist% which now remained for hearing, al -t all were attelown since last Michaelmas Term, and he world then say, that if the number did not exceed the noother ordinerily set down for hearing every Term, it could wit be called arrrar. And hire it Was necessary to state, that a cause w is hot herd in the Tenn in which' it Was set down, that ail the parties might have du- notice of it. Such copses appeared to be arrears when they really were MO. The 11 wilier of exceptions to be slispoatel 'tit now was 125, but must , of these would be got rid of 1,4 we Jantia-y next. The hest and fairest criterion ot .li;worerOlt the amount of arrears, was by seeing how t touch businest remained undone inruediately before the era _ - Jong vacation ronameicrd. Novi not of all the mass of business which the Chancellor hail to get thr.fugh lest year, only IR) C4SYS retuain—l umlispose3 of at his rising ',More tit* loig rgration, awl this was properly the &r -icer, wid for the delay of several of these many rea sons could be Is4vrtetl instinct from any impnla•iou Avon the Cnatirellor. :le milt tined, thoughlte teats asva:.e it slid not accord with the opinion (tithe Hon. and 14sprnp ed Gent. opposite. that there nu, no sleiny in Imingruz.4 came to a hearing in the (hart stf Chancery tFrMere than in .arc other Court. In the Rolla lAsort triers trus still less room for tonv elesr„te. In 1817, on the la , . AI as ter of the /tolls retiring, 4:'3 causes r-tu titr.l "unheard, rot till load been since set down, Thus 1240 cut< I , were io it! heard by the present Mnster,und of this nun,. her only 61 now remained to be disposed. of, and dttring• this titue there were :I,OOS petilions, whit-km.lst It aye co-- stned n g•uul 41041 of time. Thon4lt the present Mast. r was visited °with illness, vet it was not t s he suppJse.l. OM it won't( neeess trite incapacitate him for b us'oest and before • lionnutahle tlentl nnen charzed hi.n ith h 33 °thee u•wb•r 'ell cireutivitmhtel, !lief should reflect that it o tzlit to be a in 'tier of orriu.l4 and important ennui 'Potation with any mat, to .ice an other which entitled him to a pension of 330 , 0'. y..ar, while he thooglit he cool I ilisrlsaree it, detf.u. The Hon. en I learned Gentlemen charg...l them with not answering the additional facts. which w •re stated he the lion. Member for Durham (Mr. 31. A. Tact r', hut he won!,) state why tivy were nit one vered t b - canoe they were ;anoint, and not fon 1-.1 on prohehidtv, lie perfectly cis/laurel with his lion. anti Ltarnin Friend (theAtiornev General) that it wont I have keen m 're tandid of the lion. and Learned fient'e mien. if efiev hail eiveri notice of the eases to whirl' they hal an 11.1 0, 4. 0131 they might have an opportunity of meeting them. particularly when as grave a charm. as that of Itsving anrreptitiously made oat a ilectee win imptcesi to Cie Chancellor. Mr. WI LLIAMS, in explanation. denie I that 'he ha l ever uses) the word 't surreptitioas," . in referrnee co nit Chancellor. Mr. COURTENAY said, the lion. and Learned lira. tlensan ha I need the word. not as .conveviste . a direct charge, by himself, hat as imptitinz to time Cis ince!br. on the anthorAy of a eolieitor, dist his Lord .hip f lu made out a surreptitious decree: The Hon. anti L .nl-fled Heideman then proceeded to vindicate the can hint .f the Chancellor in the case in oration, amt to innate ? I that lie had sin no respect deviated trom the tuoirl practice of the Court. His Lordship was surprise I a ..,1 orloadit.l with tbo great ant min of di -trees ma to u the solicitor on the necasio I. As to the ease of drools and de Taster, which laid been adverted to last it was one of a very , complicated nature, ineolvin not lest than treaty minor raise., in all of which hue interests of several parties were co ieented. it was, therefore, necessary to give those persons ample tilt-. in order that they might be brou g ht Nile before the Court. With respect to the cense of Welter& and Holwell, which had also been stommeated on, the delay in proceeding on it was ocecasioned by its hayine; been prematurely put down on the paper. As to time expense of attendatiees, it was necessarily great: and no Committee could apply a reines'y ti 'Thant altering the nature of the proceedings, whieh wont,' he attended with more difficulty and danger. Ile denied fh tt the di* order, state 1 by his H tn.Priend, prevailed in the proceed ings of the Court of Chancery. lie W ,4 * finite convinced that it would not be for the interest of tie suitors it' th e Chancellor dill not exercise a proper discretion with re spect to the order in which causes were to bo brought oe. The subject of 'appeals formed a distinct consi deration. The total untidier of app..als at present Was 103. whieh was very flitting, considerine the ere it ?Silent an 1 variety of thihnsiriesa trauastled in the Court Of Chancery. It could not be said that the present Ouse. Cehor did not give as much time and attention to the hits'. nese of the Court as any Judge who had ever presided there. Besides, his Loniship brooght to the consideration of causes more anxious diligence and consummate know. ledge than almost any of his preside/wers. All the blame of delay was not attributable to the Jnlge, for the parties Concerned were frequently instrumental to it by the irre gular mode in which they pr •cer.ie.l. With respect to the time taken by the Chancellor in mak*: up his mind upon causes, it was a charge from which the Soto!e and Learned Lord was not incline., to shrink. His judge. melds would go down to posterity as s to all future J micees of Equity. , So far from the slowness of his-Lordship in this respect being an evil, it was a gre it public benefit ; and even if it was an evil, a Committee of the House of Commons could Ont remedy it. As to time appellant .jortsdietion' he athitted that the remedy was entirely distiller, anti that the [loose would &memo that there was a C ,uta i tee of the House sof !Ards now sitting on the subject lie contended toot a very strong cue ought to be made out to warrant the proposed in. quiry, when it was considered that the eminent person who was most concerned had presided in the Cour: of Chancery for a quarter of a century, during which Hoot lie was distinguished for the strictest integrity, lie was convinced that' no beneficial result could arise from the adoption of the motion. Mr. ABERCROMBY said that he was about to state not his own opinion, hut 11 , it which, he was convinced, was the opinion of the great majority of the country as to the ells racier of Lord Eldon. He was admitted to be a 0100 with most extraordinary acuteness of understanding. and to pos sess the most soup 1 and correct judgment. But his best friends would allow, apart from debate, that there was an unfortunate infirmity of mind whi.l intercepted the opera , Lion of those qualities to the detriment of his future fame. and to the great loss and inconvenience of the public. The lion. and Learned Gentleman then contended that the pre sent was a new era in the state of the Court of Chancery, which called for the attention of tbst House. Toe House of Lords were about to restore the Lord Chancellor to his own Conn, and then it wctold be necessary for that House to consider the principle and operation of the Vice Chancel lor's Bill, and to remove 'it it' desirable. The people of England had a right to the decision of the Cord Chancellor, and now they could not obtain it without first travellin4 through the troutile,delay,anil expese of an I:if:Tier Court. Ile called 03 his lion. and Leered Friends opposite :o shee him the time when an appeal was entered, when it was pet on the Lord Clisncellor's wirier, when it was heard, sod then when judgment was given. These were matters .4 dates, and upon this he would be content to rest the ques tion. When tbese dates were produced he would take es a standard the quantity of business dispatched by Sir W. Grant. Upon these grounds he thinght inquiry was ne cessary, oaths House would nut do its duty if it refused to inquire. WILTHERELL said, he was not under any obliga tion to Lord Eldon; and had no wish to uphold the abases of any Court of Justice; but, with every respect for the ta lents of his lion. and Learned Friend, he diderni from hint in moat of his' facts, and in all of his conclusions. The Grat branch of t'..• speech of his Hon. Friend inculpated the Chancellor ; and the other attacked the s) stem. His Floe. Friend complained of a r •rolation ; and. certainly, if there WWI any revolutibn, he had proposed a complete comer!- ' anion to it. And yet, out of six plans he had suggested, his Honourable Friend had not said which he preferred. lie (Mr. Wetherell) was not disposed to go into a Cotentin.* mail he had some data to ossist him towards a certain re medy. Ile (Mr. %V.) denied that there had been a Resole lion in the Court; though he admitted that the appointment 'of a Vice-Chancellor had not produced alt the good *hitt had been anticipated from it. He hail vote 1 fur the Ilia constituting that °ince ; and, notwithstanding theadmiision lie had just made, he would give the Caine vote if the now lion were to be again discussed. He asserted, Ss a fart. that there was no smear of causes at the Rolla. at the Vi et ' i;hancellor's, or at the L wit Chancellor's. T.te csnses now • in the pnpers were new mans..., and it was an error el stem that because there were the same numbers now as there Imo some years •ga:trierefore that there was an arrear of mew. And yet this assertion wnsthe whole foundation of the ..ras s , brouslit forward by his:litbn. Friend. But that It Cm Oa S 1 1 1 w , • . . I. I • .; .p • 141