The Statesman. — London, England, 1813-02-12 00:00:00

7 il': • , . 111111110 any fresco to the several lionourable,Mem bete wl.o glad - delivered opinions on the subject; but be really could not help saying, that such of them as reasoned thus were guilty of gr?at exaggeration in argument. That the Chancellor should aban don altogether his judicial functions, was what could never be in his contemplation, or that of any other person • nor could he (Lord Castle reagh) perceive what there was to induce him to do so. Could any one, he would ask, suppose that Lord Eldon was a man who would be seen . walking the greets while badness was transacting by a deputy in -his Court 'those who could suppose such a thing must be very ignorant of the character. of that No. ble Person. It was contended, that the expellees of the measure Should be defrayed entirely from the profits of the Chancellor; and on this argument he should non beg leave to, offer a few observations.— lie had a fact to state. that the Noble Person who row filled the office had, in the course _ot a communication with a Committee of the House of Lords, decked that the subject might be' considered purely upon public grounds, and without any re ference wh ttsoever to his.advaetage. But assuredly It would b the wish of the public that he should be upheld, ail that, on the most liberal principles.- -The Noble Lord then concluded by moving the Order of thl D ty, that the Vice-Chancellor's Bill be read a second lime. It[, l ! ,• il .1 M. BANKES observed, that two objections might be male by the enemies of the Bill: one that there was na reason for ally isionge; the other, that, ad. wiltiltig a necessity for a change to eslist, the remedy proposed was inefficient. On the first point ke con curred wi:11 his Noble Friend. The present state of the administration of justice was certainly deplorable, when delay was almost equal to denial. But the pre. sent Bill went to iutrothice a great innovation upon the whole of our Jurisprudence ;—[Hear n--and if once it should be admitted, it could not easily be got rid of. To obtain the sanction of that House, it ihould be shown that the remedy proposed was the best that the case admitted. 'the Preamble of the Pill set forth the delays and difficulties in the admi nistration of justice. From this it might have been imagined that the House of Lords would have taken the speediest steps to get quit of the arrears uefore their own Mouse. No such thing, they only passed a Bill to relieve another person in another place.— Should the Bill pass, there would be no security for more dispatch of business than at present. It was well known what steps that House took to enforce the attendance of its Members, and it was natural to think, from the Preamble of the Bill, that the Lords would have taken some steps to enforce attendance in their House, in order to get rid of their arrears.— The Lord Chancellor did every thing in his power to dispatch causes in the House of Lords, but he might be left alone. The business in the House of Lords would go on or stand still as usual, and the ,business in the Court of Chancery would fall into the hands of an infirm person. Was it possible to forget the delay in the . trial of Mr. Hastings, and bow many years of suspense hung over that unhappy individual i Tne Noble Lord to whom the Bill was ascribed was not warranted in making some of the remarks which had fallen from him, in imputing de. Jay of justice to that House.• The ECU had been brought late last Session into the House, and then there was no time for discussion, and there had been as little before the Christmas recess. One objection to the Bill was, that any permanent measure of this kind would make a great officer less efficient.. A temptation would be also created for the Govern ment of the day to choose for Chancellor not the best Lawyer, but the best Politician. It had been proposed to separate the office of Chancellor from that of Speaker of the House of LOrds ; such a step be should not approve, except in a case of neces sity, and then' he could not see why a temporary separation might not be made. Such an opinion, in the earlier part of his political life, had been enter tained by Mr. Pitt. Temporary Speakers had been frequently appointed by the Lords, ai Lord Mans .nd others. Neither could ht assent to the re marks of ids Noble Friend on the subject of bank rupt cases; in numerous cases many could be found fully competet.t to do justice. The person who was to act as Vice-Chancellor was to be a mere drudge, and, like all drudges, was to be poorly paid by his emele:,er. Look at the trammels in which this un bepey elan ea, to hound [a laugh], entirely under tie contront of the. Chancellor, without whom he could eat take a single step. He objected to the principle of the Bill itself, and should therefore move it to be read a second time this day six months. Mr. hI‘DONALI) said, the evil complained of was a stagnation of business in the Courts of Equity, and the remedy olfzred was an entire new, modelling of the (kart of Chancery. The Noble Lord had talked t.f the equity of bankruptcy: this expression • iltA , 0 bins unintelligilee. An allusion had been amide uy ire Noble Lord (Cristlereagli) to the income necessary to support the becoMing splendour and dignity of the Lord. Chancellor of England. For his own part, he (Mr. IVl'Donald) was far from thieking 18,000 i. as an annual salary, by any means too much, but regretted, °A the same time, its pro ceeding from so uoiliettified a source as it does at pre. mutt.—Though lie did pot think any expedient suggested by himself to be the- best calculated to prelt,ce the d-sired effect ; yet he could see no reason why the nostrum of the Noble Lord shoted b.. forced cpon the House, which, so far from pr.anetis44, would counteract its declared object. He co 4ceived the evil complained of to be of such a stature, :i:at the Ilause could not only wipssaway trs, hat even prevent their recurrence. He , ve for a moment to call their attention linen of tills officer, whom it was intend- His authority would not be indepen defined, lilse the Mester of the Rolls and to Iges, bra: depended solely on the distre ; Chancellor. The lowest Judicaturcein • . 1 uould be considered superior to such a his borrowed , paraphernalia. A vassal judicial satellite, were harsh and un lu 'lds in the nineteenth century. Will the Ink to the Chancellor a power which dims , to the Sovereign by shim he is created, aeud:ng to dmiying certain causes to the of another. He trusted, the House never accede to a proposition so' inefficient particoisr, and dangerous to its general ten- FRENCH PAPERS. s .- ,~,, to in an eoet. a o loreas oHo z n c g i o ntse b t i e v f iz G : o r Lrom t d e:i G , rump! opsredimoi,f . - Mr. .STEBHEN conceived the subjeet.iiefier th e. "nest t o 140 0 thiliAthorlty Counsellor; De Kirchnsen, Minister of State iti•l dabab i :lbat of the House of Lords.-- - . House of the utmost importance.. The :Inadier Of. Outer the This Bill is . intended Kea remedy, not for negligence, appeals to the House of Ldrds had incfeased in Most ,rapid proportion. The state of the parties interested perhaps,. , het: for in unfortunate smear in their Justice; Count de Lofton', Alsjor-neneral at:"1 was holy deserving of commiseration. After he'll* 4 0,1 00 inriediction. They max be `the best itutg r eS p rivy Counsellor; De Schuoknison,aud De B •Perhaps exhabsted much time, label*, mid exPentit: of the s urrettev but he cophi not allow that they . were Counsellors of State. u ow, ture, in obtaining • a favourable judgment from a su-,s.so likewhe with respect to the remedy of . ,the'evil: The said Commission is authorised lb take, in the perior Court, they might still be. debarred from a If the legal talent in this country had been em- na me o f Majesty th e Ki ng , t h e measure i final judgment, at the option of the opponent, by ' ployed; as it is certain that a groat por . tion of it 217, in all cases which require a prompt detertni.m. an appeal. What with•the process in me Cobra •of 'has leilv othotoyatio in framing this R II„ tt still a tion, or of those which cannot be decided by • .us ;,l a _ Chancery, and afterwards in the Court of Appeals, miserable remedy, and a most ridicu lo us measnre.—, jesty ou account of the ditilitOlof rc, . a British subject might be deprived of his biith-right, There were Aroki n d s o f re m e dy :—.4 9 t, to clbor the l_deore. All the Authorities, 'Civil and Wiiiary, legal justice, for the extraordinary period of forty. present arrear aud; id, to clear the stream which bound to , obey_the orders •desldons of this-Coq: led to it. Instead of effecting either the conse. ' 'mission six years. Such a state of suspence was intolerable. 9. one whose,first duties is to maintain, with But one of the most pernicious consequences of quence of this measure wo ol b e , th a t the Chancellor the Military Authorities of his Majesty the Ea;.ei • this state of things was, that few parties would will have to hear Wisest every case twice instead of i.of tire French, the same good understanding wh; e r prosecute their. legal right without a reasonable once. Even f rom t h e presen t a ble Master of the' to the great satisfaction of his Mojesty,'has hithe.t c ; prospect of final justice, than which nothing Rolls many appeals are made to the Chancellor; arid ; subsisted, in consequence of. the jest condu c t of Mor.: should be more. carefully guarded against. in a if this measure pastes, are they not likely to he'mul- shat Duke of Castiglione . ; and the good di•scipli-ie f ree country. The Bill before the House bad been tifdied ? That the'evil which the Bill is intended to which his 'Excellency bas maintained. The („1„,,i.. warmly opposed by Gentlemen, but without sub- remedy exists -i n th e H ouse o f Lords, is certain. Isnance, however, changes no thi ng i n t h e coast;tu. stituting any measure in its place. His Hon. Fri end —Wh y is it then • brought before 'the House , Hod) duties of the respective Authorities i _ tic% a' . opposite(Mr. M't)onald) had suggested many ex- under the improper na me of a Vice-Chancellor's them will remain responsible to his Majesty for dio pedients, to no one of which, even if this Bill were Bill ?—Why does not the House of Lords adopt • duties entrusted to them. not received, was he likely to procure a m jority. some compulsory process to procure the attendance The Conimisiion will only occupy itself about af. To oppose this Bill without substituting any other, of its Members ? •Why may not the noble natures fairs of generalinterest, but isr ordertiettit was a hardship not only on the parties, but on him of -their Lordships allow them to rise at nine o'clock a general knowledge of the whole, the superior At'. (Mr. Stephen) and his friends. It was p r oposed to to attend ear l y to business? Why d o their Lord- thorities are bound to send their reports to his Ma. cause a temporary Speaker in the house of Lords, ships come t o comp l a i n t o this House, that there is a j es t y th roug h t h e h an d s of this Commission, that on but still the Lord Chancellor would require assist - denial of justice in the House of Lords ? Can they not arriving, should a it be necessary, they may be acce.n. ante in his own Court. Gentlemen should consider, remedy It thems e l ves ? Is, it too knotty, obscure, panied with their opinion, after'which the Koval do. that, even omitting the injustice of imposieet such w and difficult a problem for all the legal and poll. vision will be regularly forwarded.through the .same 9 duty on any of the Lords without an official oblige. treat t a l en t o f th e M o use o f Lords to- enforceilfluidnel. It is n o t necessar y tkoblervis ' thattlit the i don s it would still be beyond their power to ensure the attendance of its Members? T he Learned Ser. Authorities are bound to f urnis h the Commisiou a full attendance on Cases of Appeal. The Lord jeant (Best) was very indulgent to this poor piece of with whatever infatuation it may choose to demand. Chancellor himself had frequently attended, -but paper (the Bill). He felt as if he was pleading the His Majesty exhorts all his faithful subjects, and var. had been incapable of proceeding from thi s ver y cause . cause of some more h e l p l ess or m i sera bl e client. This , titularly his good citizens of Berlin, to conduct As to the calling in of Judges from the o th er C our t s Bill i s i n de e d ft p oor wea k thi ng , and therefore he ' themselves, in every circurostanse, towards the.Freuell to assist in Chancery, such a practice was sanctioned thinks that it requires the h an d s o f a Committee to . soldiers as becomes the relations between by experience in numerous instances, but neither Was give it some substance and shape. As to the 'loom- ! and the good Understanding which subsists with hi; n or could n ow be resorted to, from the great Mast of , mendatiou of another Gentleman (Mr. Stephen), ! Majesty, the Emperor Napoleon, whose En vo y ac . business in those Courts. The condition of the that the measure should be treated, with the greatest companies his Majesty to Breslaw. Ills Maje s ty has Judges was now very different from what it had been gravity, he would say, though not in the least in- given the Superior Authorities the necessary 0 , ( 1.., 5 , in the days of the great Sir Matthew Hale. That dined at present to levity, that it was hard to be !hut he at the same time enjoined me, before learned and illustrious man says, in his work, fie grave when s u c h a m oun t a i n p ro duced such a mouse.' ing him to Breslaw, to make known his aJgust wilt Laudibus legum Anglia, that when they hared, Some might even go so far as to say, it was like the to. the Public, which Ido by these presents.after three hours sitting, they retired to their studies ! work of Master Stephen ) in Every Man in His Hu- Jdn. 43. (Signed) lIARDENHERC, the investigation of ethical subjects, and the perusal maur. Ile ridiculed parts of the Bill with great ef- • - of the Scriptures. His own literary labours in mo: feet and severity. It was such a one indeed—so full rality and religion sufficiently prove the extent of his i 'of inexplicableand profound explaaation,that it would leisure from judicial duties. The accumulation of take a whole Vice Chancellor's life to understand it. business in Chancery might be collected from the in.! The instructions under which Scrub acted in the play, crease of suitors' money, from one million to twenty- Mungo in the farce ; or even San ho in the govern. five millions and upwards, and the bankruptcy or- I meat of his island, were complete perspicuity coal tiers being doubled since the time of Lord Hambrick. , pared to this. He disapproved of the Bill in iota, The Master of the Rolls was so completely taken up as introducing a new, perhaps an unconstitutional, with the business, even with the great talonts of the judicial officer into our judicature. The remedy for distinguished person who holds that station at pre- the existing evil should originate with the Lords them sent, that recourse could not possibly be had to him selves. If it originates in the House of Commons, for assistance. Gentlemen might affect to enliven I this will be applying it to. the toes instead of the the debate by sarcasm and jocularity, in designating head. this Officer whom it was intended to create, as a sa- Mr. STEPHEN explained. tellite—a drudge ; but this, he trusted, on so im- , Sir S. ROMILLYabIy opposed. the BiU. portant a subject, and so serious an occasion, would Mr. WETIIERALL and the SOLICITOR-GE have little influence on the final decision of the NERAL supported the Bill. House. M Mr. PONSONBY opposed it ae unnecessary and Mr. COURTNEY objected to this measure, be- unconstitutional, in an eseelleetliffech. cause it had been brought forward only upon a single The question being then called for, the House di ground; the number of appeals to the Lords, with- vided, when there appeared out any reference whatever to the evil in Chancery ; For the Aionutotent - lSs the two grounds should be distinctly stated in the For going into the Committee - lot Bill, as they had been brought forward in thr. de bate. The course he would take the liberty of sug - - gesting to the House was this : as the business in the Court of Exchequer was of a mixed nature, consist. ing partly of equity and common law, to relieve it by some arrangement from the former, and thereby . afford the Judges time to assist in Chancery, with. out creating any new Judge. By this means the Chancellor would be relieved from bankruptcy busi ness, and the Exchequer from cases in equity. Mr. SMYTH said, the House should not only look to the existing evil, but also to its causes, and whether they were permanent or temporary. The great proportion of appeals was from Scotland ; the remedy should therefore be applied in that country at the proper source. Certain Acts had been passed respecting Scotch Appeals, upon whose operation it was yet too early to decide. The House should bear it in their mind that this -Bill proposed no less than the dissolution of the established Judicature in Chan cery, and by creating two organs, would have a dan ' gerous tendency to unsettle the law, not to mention the facilities it, must afford to future Chancellors, from motives of party or ambition, to withdraw them selves from those duties in Court which' should be pledged to their country to peiform. Mr. Serjeant BEST said, that 'delay in this in stance amounted almost to a denial of justice, every opportunity should therefore be taken to prevent it. fle called the attention of the House to. the Max of Irish. Appe.ala r over which- the-Coarra -of Appeals in this country had begore no jurisdiction. The great question at present is, Does the evil ex ist, and, if so, does this BM furnish au adequate re medy ? Mr. TAYLOR' rose to shield the COmmons of Great Britain from the charge Wrought against them, in the course of the debate, of having been instru mental in producing this delay ofjustice,whereas, the fact really was, that it had totklly escaped the Lords themselves, until his notice in this House, about two years ago. The Hoe. Gentleman opposite,(Mr.Ste phen), had foegotten in 'his quotation from sir Mat thew Hale, the praise bestowed by that illustrious Judge on the Laws of his Country 'for their unex ampled dispatch. The appointment of a temporary Speaker had been objected to as an innovation. — Nothing was more common. Lord Mansfield: had frequently been railed in cases of appeal.- Much stress had been laid upon the, circumstance of .this measure requiring no expence from the public; but the question' was not what 'expence. it might pro duce to the conutry, but whether it would effectually answer the purposes for which it was designed.— The Hon. Member next referred to a book, written on this subject by an Hon. Member opposite, from which he read some passages, andpointedly observed upon them. Mr. CANNING, in an able, witty, and eloquent speeech, opposed, the measure. •Ile did lint like the insinuations thrown out, as if the Members of the House of Commons were hardly masters of this sub ject. Though not lawyers by,profession, he did, not think that the lay part Of tho House of Commons 111.1 j .ritv for Ministers . - 79 Adjourned at Half-past Two. BERLIN, JAN. IS.—The Marshal cariunantling the I ltk Corps d'Armee has published an Order of u:e Day, by which it is permitted to Officers and :rldit ,4 of the corps of depots of cavalry, to obtain quarters in this capital. Inf!iridUals returning with paisports from the Grand Army are exempted from this order. Generals Le Grand, D?schamps, D'Aumont, Bisra Djean, Excelmans, Duale ' Castes, and Lib.orz:tr, has just arrived here. Generals Durnas,.MoreLti, Pirio, and Barnet Ur Tour have get DANizic t 'l9.The 10th Corps d'Armee, under the Delui of Tartiottim, arrived' on the 13th inst. upon the territory of Dauttic. His . Excellency- the same day . gikie up the ecruniland tti Ginimitoutit Rapp, "Governor General, &c. Commander in thi4 of all the-troops charged with d'efehding thirplace.— Several affairs have takeu,place, and every 'Where our troops have repulsed the Russians. The fortress:nal itwexterior forts arq irelr . p . roihrioned ; it toritajni morithair four fitindred piebesof artillery, and every thing which is requisite to make a long end turnout able defence. • BANKS OF THE VISTULA, JAN. 17.—The... Russian arnw, after having precipitated its movements to Ma rienbourg, suddenly halted. The heads of columns which had passed . ..that never were recalled. There only remains between th 6 Vistula and Oder some ban& of Cossacks, who pillage on every side, and are the greater scourge to the inhabitants, as tin dis cipline can restrain them. The determination of the Russian4iirtiY appears to be in 'consequence o f the losses the Cogsacks have suffered. They are little less glair those of the allied army ; for although the Ittutiiiti soldier was more accustomed to the climate, - - he suffered a greater scarcity in traversing the cot: try ' whose last resources had -been drained by the troops who preceded them. BERLIN, JAN. 26.—According to our official Ga zette, -the Russians have repassed: the Vistula,' with the exception of detachments, at Bromberg and t s euviroos. Their principal army was between Osbro lent* and Poiltusk. PARIS, FEB. I.—The Viceroy, the Emperor's Lieutenant, Commander in Chief of. the Grand Army, writes. from Posen, under date of the 26th January, at six o'clock in the evening, that the re mounts of horses are proceeded in with the greatest activity ; that the corps which General Rapp com manded in Dantzic amounts to 30,500 men, without including the troops belonging to the artillery, engi neers, . or marine ; that he has under him Gen. lloade ' let and Grandjean ; that Gen. Campredei commands the engineers in it, and Con.Lepen the artillery ; that the place is provisioned with bread and vegetables for live years ; in meat, brandy, medicines, &c. for fourteen months.; that all the besieging artillery from i Riga had 'entered that :fortress ; that the besieging i . • ' , equipage sent froth Magdeburg, and destined for Du- I PAA IS, raw . •&" - . • 1 1 nabourg, had . previously entered' Dantzic ; that the CONSERVATIVE SeNATE. i c "fortifications were in excellent condition ; that the SITTING Or ;ME .2o OF .FEBRITARY. magazines were abundantly supplied with clothing , The Sating was opened- at two o'clock , p. 'lf. nn- I arms, and warlike ammunition ; that a brigade of I'der 'the Presidency of his Serene highness the Prince 'cavalry, composed of dragoons and chasseurs, 2000: Arch-Chancellor of the Empire; . • strong, is.at Dantzic, under the orders . of General 1 ' Their .Epcelleocies Counts Regnaud de St. Jean Caiienae; and that Gen. Rapp occupies the neigh -1 d'Angely avid Munson, DAlnistert of State and boorkeid of that place for - six leagues round. He i Cotincillois of State, wereintroduced. ' • has la imagery wherewith to ixsore the soldiers' pay ! His Serene 114hneis the Priam* ArcheChancellor ' i foil' year'. -,- --- 4 ' ` - 1 spiiTti mi . follow-- ..• • From Thorn, the intelligence it equally satisfac- 1 " GENTLEMEN,—His Imperkff and Royal Maj, , sty 1 tory. The communications from that town with the ; has ordained that you should present him with a head-quarters were open ; the place was well armed; prciet relative to the Regency. This part of ovr in i the division charged with its defence consisted . of i stitution not having yet beeneble to obtain loch a '. 6000 men, and had its posts at six leagues distanced degree of perfection as the liws received by timP, it from the town. i has appeared. usefulto add more extended ctispositicos ' The Prince of Eckinuhl had sent General Gerard i to those already existing, and, at the same time. the i upon .oamburg, from whence he had repulsed the 1 necessity has been felt of reviving usages consecrtted -Russian General Woronzoff, after hiving. taken or ! in our annals, founded oilthe ancient manners of tho killed some Cossacks. The Bavarians were cantoned I nation. Thus the plan which is submitted to o,c ibetween Thorn and Posen, connecting the commu- will re-establish, in its full latitude, the uncontested ideation. The Viceroy besides announces, that right of the Sovereign to settle the Regency. ;Prince Schwartgenberg occupied Pultusk and Ostro- 66 At all events it will prevent an exces of pre lenska ; General Regnier, with the 7th corps, was caution by arbitrarily restraining the powers of Oa' ion the right : the sth corps, -which Prince 'honks- said Regency from denaturaliziug the essence bf the ' towski commands,' was re-organized, and already MonarchiCal Government.. i reckons 30,000 men under arms- i horses abOund at ' " If the Emperor bad not - manifested his wills:the Warsaw ; that the Prince of Neu fchatel had been ex-1 Regency would by course of right *ppirtain tp O' tremely ill of the gout which had attacked his sto- i Empress. Whatever the heart and understandlit4 mach, and made him suffer extreme pain, but they I can suggest in such matter s ' with regard to ()Mite had seeceeded in tecovering him, and the Prince was families, ought to apply' to the great family of the in the best' state ; that the Russian corps is re- I State. None con have a greater degree of seat than formed between Stettin and Posen; that the King of ; the . F t mpress Mother for preserving the anthdrity, of Prussia, accompanied by M. St. Marsan, French I her charge, free from all attempts. No one am, ' Minister, and the Austrian Ambassador, had gone I like her, present to the imagination of the' peolile to Breslow; that orders had been expedited to form I deer and pro* remembrances so as to No t' strong French advanced guard, composed of Morel der obedience noble and easy. than 40,000 fvesh troops • that Stettin, Cnstrin,l .." A w 6 estern of exclusion would constrain .- and GlOgau, were provisioned for a year, and in' Choice of the Monarch. Prohibitory lawsisy the r. - good condition. • I straint which they impose frequently contain the . • . Beaux, JAN. 13.—His Majesty the King having seeds of discord. determined to maitre', fir gems .th 66 ee v his resides** ' . in defect of the EstPressohere is an trct to Dreslaw ) and to estalkiiii ken ) during his absues s WOW.), es that tberimili be ao aisittaiiil. o; . . *t I the Irrotrs, begge i ' 'env ,• to th,• nndi ed to create dont and de the ott , t• J tion of , • I the countrj pertem in 'r Judge—a j 1,1 grateful sou . House pea n• sot i)along ' that of e‘to j urisdiction world nose as its pit (limey. •