The British Press; or, Morning Literary Advertiser. — London, England, 1826-05-19 00:00:00

THE BRITISH PRESS. p '' th e taking testimony had been abused, or had tended to P th — e tete m cy of any private right, or had led to any decision other than what the nature of the case required. That he had never been 14 to su spect that any cause had ever been lost, or party injured, t h e troth suppressed, for the want of mere examination in the or p► poece of the parties; and that he thought the proposed altera tion would render the examinations much more tedious and bur. &mane, and that it would be dangerous to the reputation of the c ourt ? He hod read this to show the extraordinary concur rence o f opinion that existed on this subject in the minds of two eminently experienced persons, whose attention hod been ca ged to the same subject in different countries. It was pro. p od by the Commissioners that no alteration In this respect should be made. Should it turn mit in the progress of the gill that Gentlemen should be of a different opinion, opportunity of discussion would be affuded, and if the alteration should be deemed advisable, they would have the opportunity of adopting it. When the cause came to an issue, it was set down to be heard, in the course of which many points arose that were (as he had stated) r eierresi to the Master. This was a most important part of the subject. Every body was swore that a great proportion of business was transacted in the Master's office, where the proceedings were extremely slow, and where delays were perpetually occurring. Gentlemen would be desirous to know the cause. To him it ap. peered to be perfectly obvious. Neither the House nor the coun. or could imagine the inquiries that were carried on in the Master's offi tr. none of which would admit of despatch. Complicated accounts, intricate questions of title, and • variety of other questions of this d es cription all came before the Master, and must consume a large proportion of time. All that the Commissioners could do was to take care that no time should be lost. The great cause was, that the Muter was merely passive; and this was a solution of the whole case. The blamer had no authority to compel the patties to attend before hint. If he decided any thing against one of the parties, who was not prepared with em. dace, the party only had to apply for a review which was granted as a matter of course. The whole therefore was the result of supineness and delay on the part of the Solicitor. The Commissioners had recommended. that if the decree to refer was not brought into the Master's office within six weeks, the benefit of the decree should be lost. The Muter was to be empowered to paha oat the course to be pursued by the respective parties, and ma to keep a regular record of the proceedings as they should metre. In every case he was to have power to decide es -pa etc where it could be done without injustice. in case the other parties did not attend ; and where any delay occurred on the part of the actor, the Master had the power to appoint another party to be the actor. Let the Masters 'Head to this port of their duty, well and effectu ally, and he thought the reproach of delay in the Master's Office, would, he apprehended, be no longer a subject of complaint. It might, and would be said, what advantage was it to expedite the • anlew after it was ripe for hearing they did sot expedite the hearing. Before he adverted to the extent of the evil, he would call the attention of the House to the remedy proposed. Ile was quite sure that what had been recommended would 1 approved by the House. and that the utmost that could be contended for was, that something more ought to he accomplished. He would first con. Sider what it was that had been accomplished. It was well known that a very considerable portion of the time of the Cour: was con. sumed In bearing appeals. As the practice now existed, new matter was allowed to be introduced in cases of appeal from the Vice. Chancellor to the Lord Chancellor; whereas the very nature of an appeal was that the case should be heard upon the same facts. But a cloud of new affidavits was introduced, so that the case, when it came before the Chancellor, assumed • new shape, and the Chancellor gate a decision upon a new case, while he was sup to have decided against the Vice-Chancellor. Nothing could d os be more unjust against the character of an inferior Judge. This Roo ney had arisen from the eircumatance of the Chancellor's and the Vice-Chancellor's being considered one and the same Court. The Commissioners recommended that in future no appeal should be allowed except upon the tame statement of facts which was origi• Wally decided upon by the inferior Judge. This would consider. ably diminish the number of appeals ; because it was in consequence of this power of introducing new facts that appeals multiplied. After eulogizing the members of the profession to which he be. longed, and which he described as a calumniated profession, but none possessing more patriotism and public spirit. or more ready to make sacrifices for the public good, he declared that whatever sacrifices they might be obliged to make for that general good, he was sure they would willingly submit to. He ridiculed the em ployment of seven or eight counsel on a side in one cause, and thought that they might safely be limited to two for each of the par. ties contending, by which the interests of their clients would be equally well attended to,as each counsel would then feel that his client's cause depended upon his individual exertion. But if this alteration would occasion a loss to the junior counsel, the Commis. sioners had proposed another alteration which would tend to their advantage. Formerly the practice in the Court of King's Beech vu for the senior counsel to go through alt their motions, and then the next in seniority theirs before any junior counsel moved—coo that it often had happened that gentlemen who were juniors In the profession did not make a motion duriug the term. The same practice now prevailed in the Court of Chancery. But when Lord Mansfield was Chief Justice, he thought there was great injustice in such a system, and made an alteration in it, so that from his time the bar was 'lithely gone through, each counsel being allowed to make bat one motion in his torn. It was recommended by the Com missioners that counsel should only he allowed so make two motions In succession till the whole bar was gone through. There was another circumstance to which he would call the atten tion of the House. According to the present practice, any one might appeal to the Chancellor's Court front the Vice•Uhancellor's, as a muter of course. It was recommended by the Commissioners, however, that no appeal should be obtained from the Vice-Chancel lor's Court to that of the Chancellor, without a certificate signed by Counsel, stating the reasonableness of the appeal. The object of this was to save time. He was aware that there were Gentle men who thought that the certificate of Counsel would be a mat ter of course, but he thought otherwise. He remembered that an Hon. and Learned Friend of his on the other side had stated, that Counsel never recommended actions without good reasons ; yet if Counsel recommended an action and failed in it, his error was known only to his client, to whom alone he was committed ; but if he were to recommend a certificate for an appeal without sufficient grounds, his fault would be known to the Court, to the Bar, and to the public. He was convinced, therefore, that no gentleman would sign the certificate unless there were circumstances in the case which Woukt completely justify him in so doing. 80 farthe.meornmen. dahou had reference to the saving of time. But the Commissioners had also recommended some measures relative to bankruptcy cases, the objects of which were, in the first place, to diminish the num bee of cases heard by the Chancellor, and in the next piece, to ex pedite the proceedings generally. The great source of the inconve. owners at present felt and complained of was, that the question of feet emu to be tried ors affidavits s and every one who had any ex. perience in tiusineas would know how difficult it was, or he would even say impossible, to decide on facts by affidavits. In the first place. they could not compel any person to make an affidavit ; in the second place, they could not cross-examine on the deposi- lions contained in the affidavits; and, in the third place, it caused a great waste of time to be obliged to glean the facts from written endenee. He appealed for a confirmation of the view he took of affidavits to his Hon. and Learned Friend the Member for Peter. borough. It was proposed, by way of diminishing the weight of business in the Chancellor's Court, that Commissioners should be appointed to sit and decide in bankruptcy cases, three to constitute • Court; nor were they to decide by affidavits, but by viva wee evi. dente land the examination of witnesses present before them ; and from the decision of those Commissioners there was to be an appeal to the Lord Chancellor. The result would be, that a great number of those cases would be disposed of in the first instance, and as to the rest, or the appealed eases, how were they to be decided ? Not by affidavits, but by the notes of the Commissioners before whom the case had been tried ; se that the Lord Chancellor would not h,ve to decide on conflicting evidence. It was evident how far the proposed measures would tend to save the time both of the Vice. Chancellor and of the Lord Chancellor. Then arose the other part of the question, whether the saving of time was • matter of so much importance or necessity as was pretended? There never was • sub. jot on which he hail heard so many rnistatements, or on which there existed so many mistakes as with respect to the arrears in the Court of Chancery. He made his statements with confidence, be. canoe be held documents in his hand which bore him out. With respect to the Vice-Chancellor's Court, the arrears were inc resider. able; the long sickness of the late Master of the Rolls, Sir Thomas Plorner, had caused wine arrears, but before that time there were none in the Viee.Chancelloes Court. However, in consequence of the illness of the late Master of the Rolls, and of the indisposition of the Vice• Chancellor himself, the arrears about 18 months ago amounted to • seven terms; but they were now much reduced, and he could state that the arrears at present in the Vice-Chancellor's Court were only of four terms (hear), which were not more titan those of the King's Bench ; he was convinced. therefore, that in the course of twelve months, those arrears would wholly disappear, as was the case before Sir T. Plomer's time. With respect to the Court of Chancery, its arrears were so much exaggerated, that he had beard it said it would require 40 years to hear the appeals that were depending In it ; yet he could state that the total number of rehearings and appeals, which comprehendeg all the arrears, was only 109 at present ; and it appeared frorn a piper which be held in his hand, and which was a return of cases in arrcar, made before Commissioners in 1802, that they amounted at that time to 105 ; so that they were then substantially the same as at present. It was obvious that those cases would be soon die.. charged, if the Lord Chancellor could give them his undivided attention. (Hear.) There was abundant testimony in the papers on the table of the laborious exertions of that Noble Lord. There was scarcely • day in which there was not something in the nature of a motion or application brought before him, which required immediate attention, and the nature of which was, thaeif deferred, It could be of no us.: ; as, for example, 'tithe case of a decree, when the Court of Chancery was called on to suspend the operation of the decree. In those instances, the Lord Chancellor was obliged to depend oo the averment of the Counsel. He could only say to them, " if you assure nie as gentlemen, that it is necessary to hear this cause, I will he.. it." That was the only course he could pursue. Similar cases occurred every day, and interposed to prevent the ordinary course of business. That brought him bark to his asser tion, that there were no effete; in bankruptcy business, nor in any thing but rehearings and appeals. All had an interest in devising a system to crtvent an accumulation of arrears ; but, if in the Vice. Chancellor'sCourtthere were no arrears--if those which WA weowss lewd during a pined of illness were now rapidly dissyysaelw-mbd if in the Lord Chancellor's Court there was no lacrosse of aresses,be trusted that the measures propeeed, which nesesserily would "ass tiros and diminish as well as expedite Chancery seseesdlarp, tesedd completely reduce and do away with the existiai ss Werfera. Ae trusted that he was not too sanguine in beli ev ing the semis list of arrears, 109 cases, would disappear at as distant pallid, and that in a reasonable time every sawea airs fee bah I rag would be Immediately disposed of nil inlaid. Se bed, In the first place, presented to the House what the Commis sioners had done, first, with regard to the saving of time; secondly, as to the means of facilitating business and the prevention of arrears. He was sure the House would be satisfied ; with the con duct of the Commissioners ; they had not pretended to have found an infallible remedy for every evil; they did not affect to have done eserything ; on the contrary, they carefully guarded against that presumption ; but they had wisely recommended every change which could prudently be adopted as a beginning. If time and ex. perience should furnish any fresh instruction, the adoption of those measures would not prevent other changes, nor the application of fresh remedies to the evils, if evils still remained. Ile hoped, therefore, that the House would allow him to bring in a Bill, to carry into effect the recommendations of the Commissioners. lie had abstained i...he cilium of hie speech from all personal allusions. Ile thought its subject on relich such allusions ought particu larly to be 'veldt ~ He had not even alluded, except incidentally, to the Noble Lord who had so long and so ably presided over the Court of Chancery. He had abstained from making any such allusions, because he did not wish to involve any individual with that discussion he had abstained, because he could not, by his praises, add anything to the reputation and fame of the Noble Lord whom he had mentioned. But he had heard in that House an eulogium pronounced on this Noble Lord by his Honourable and Learned Friend, the Member for Caine, which far transcended any thing he could say. In that eloquent panegyric, the Hon. and Learned Gentlemen had mentioned the anxiety of the Noble Lord to administer justice, his accurate and +profound judgment ' and his vast and capacious memory. H e h a d a l so rea d, though he hail not heard, the eulogium of an individual, who was, of all others, the best able to appreciate the merits of the Noble Lord, and who was at the same time, in political sentiments, his most determined opponent. He alluded to th e late Si r S amuel niilly, who, among other commendations bestowed on the present Lord Chancellor, said, "he never knew or met a man better able to judge, or who was more anxious to satisfy the suitors of his Court ; indeed: if he had any fault, it was his too great anxiety on that point." lie (the Attorney-(ieneval) couldsdd nothing to that praise. The Noble Lord had been Arty ream a member of the profession, and was in early life marked oat fee the honours which he had sine. home. His subsequent Hie had fulfilled the ex pectations of his early "clinkers, and his merit became more con spicuous with his elevation. The Noble Lord was most anxious to promote the objects of the Commission ; there was no one in the kingdom more willing to rectify the expenre and delay attend. ing on litigation than that Noble Lord. He concluded by moving for leave to bring in a Bill to carry into effect the recommendations of the Commissioners. Mr. WILMA MS commenced by observing, that it was not his intention to follow his Hon. and Learned Friend through all the details of his statement. The Honourable and Learned Gentle. man. it was evident. had taken a wide range to expatiate in through all thelouggestions of the Report, but he had forgotten after all to state what was the precise object of his Bill ; so that it would be his (Mr. Williams's) duty afterwards to show that the Bill could do nothing which might not be done without it ; and that in all the cases of complaint made by suitors, which complaints the Learned Attorney-General had so alighted as to excite even the laughter of the House, the causes of all the dissatisfaction ;night have been removed by an order of the Court. It appeared to him that his Honourable and Learned Friend had notsufficiently explained the nature and operation of the proposed amendment. It had been stated in that House, that he (Mr. Williams) hail so strong a prepossession in favour of one mode of proceeding—he meant by Committee of the House—that he could not have been satiafied ' with any report. He would not step to inquire into the justice of that remark, but his purpose was to give satisfaction to the Secretary of the Home Department, by the moderate ton* in which he should allude to all the individuals coneereed. He should abstain from saying any thing harsh of the individual at the head of the Court of Chancery, although perhaps he might be obliged to say something which would not be agreeable to the Right Hon. Secretary himself. He thought that the Court of Chancery and the Commissioners were bound to return thanks to the lion. and Learned Gentleman for the gorgeous panegyric which he had bestowed upon them ; but he would con. eider all they had done, and all they had left undone, and then put it to the House, how far they had arrived towards the conclusion which had been proposed to t:rAr labours—how far the Court of Chancery, as at present constituted, was capable of dis. peneing justice to the country. But notwithstaading what his Honourable and Learned Friend had intimated that the grievances complained of were not real but only fancied notwithstanding what he had insinuated in a few words, that there were no grounds for the clamours which pervaded the country—he thought that the contrary appeared on the face of the Report itself, and he would proceed to examine whether the Commissioners had devised any competent machinery which might carry on the business of equity in such a manner as to remedy the ills complained of. The people of England did not look to the individuals who might be interested in that Report; they looked to the im provements which were about to take place; but he should be wanting in justice if he did not state, that if there wu an indivi dual to whom every praise was due for his zeal, perseverance, and determined opposition to an unwilling audience, it was his Hon. Friend the Member for Durham (Mr. M. A. Taylor), who had by his exertions monopolized all praise. He trusted that the pro po sed alterations would be attended with benefit. It was impossible to T bt thtt every abridgment In L. anode of promaaiing was a peal. live gain ; but although his Hon. and Learned Friend the Attor ney-General, had affected to calculate, he (Mr. could not learn from him how much would be gained by the proposed mea sures in time or expense, supposing the case to he that of a litigious suitor. But the Report was likely to be of service in another way. It had excited public attention ; notice would be taken of every delay of which the people had a right to complain. The spirit of inquiry was abroad, investigation was commenced, and we should see whether Judges of equity were those very perfect creatures which his Learned Friend, who was a common lawyer, had boldly ven. tured to maintain. (Laughter.) He did not consider them so per. feet, but if he were mistaken, he could refer to a writer who, although no lawyer, was much more amusing than lawyers usually are. Indeed the author to whom he alluded might be called a quasi lawyer, having said that he could make himself a lawyer in three days. It was to Cicero he alluded, whose opinion was, that although lawyers might seem admirable at first view, yet their great talents and acquire ments always disappeared on a close inspection ; he closed his character of them by fraud and folly. Ile hoped that the sublime theories of equity lawyers, in the present days, were more substan tial than in the days of Cicero : but if at that time it could be said with truth, "Jurisronsultoruni inaenia ecrrupta aunt amnia," he was sure that the practice of Chancery had not improved by the golden succession of lawyers. With respect to the saving of time and abridgment of suits in the Court of Equity, his Honourable and Learned Friend had forgot to state how it might be done by the proper authority of the Court. There were causes at present depend. ins, which might have been decided, if a rule or order had been made for the correction of errors, 33 years ago. (Hear.) If there was great learning and ability at the head or that Court, and he did not question it (much ought to be expected from one who had been GO years in the profession, and 2d years at the head of it), was it not surprising that, with all that ability, no remedy had been applied to the evils of Chancery practice 1 ( Hear.) Two years ago the existence of those grievances was an acknowledged fact, and the general denial of them would not have been attended to. But be would again appeal to the Report. One of the Commissioners, the much-lauded air. Bell, spoke always of the Court of Chancery with much complacency, and justly, as in that Court be had made his fortune ; but, in the retool, that very 51r. Bell said that much ought to be left to the discretion of the Judge, who was more com petent to regulate the mode of proceeding than any legislative measures, as he might vary those measures according as expe rience should suggest ; so that it appeared that the great learning and intelligence which presided in that Court omitted that part of his duty. Another of the Commissioners (Master Stratford) said, that it was matter of regret that, considering the wisdom and experience of the present Chancellor, no such authority had been used. But if those salutary changes had been made, they would have lost the speech of his Honourable and Learned Friend. It was next to be considered how far the Report was a matter of general assent or dissent among the Commissioners. It did not appear from the Report that they had agreed in any one point. It was not indeed to be expected that they should agree in every thing. The Solicitor-General had said, that, after full deliberation, the Report was the result of their joint labours, but he did not state on what point they had agreed. But it appeared that within these few days a Noble and Learned Lord had, through the medium of the press, put the public in possession of his opinion, and had declared his dissent. His opinion was. that no good was likely to result from the labours of the Commis sion. There was also afgreat division of opinion on the same sub. ject among the profession. He would not mention his own [ opinion, which was unimportant; but be could state, that great doubts prevailed with professional men as to the pub. lie benefits likely to result from the Report. There was an. other statement made by the Learned Attorney-General, and made in language more flowing than the rest of his spec..:., to which he should now advert. That Honourable and Learned Gentleman had stated, that the Commissioners had thrown their arms open to all, and had turned away none who had come with complaints, and that they had summoned all the profession to give their opinions : but he wu sure that no individual of those so cieties which constituted the great body of solicitors bad any in. timation from the Commissioners ; not a single individual of those societies was examined. The Commissioners had not, it was true, turned any persons out of doors; but it did not appear that they examined any voluntary witnesses. The total want of ex. planation on the face of the Report, with respect to the assent or dissent of the Commissioners, diminished its weight, if it did not altogether deprive it of authority. It was also to be lamented that any branch of the profession remained unre presented in that Commission ; but the solicitors had no repre sentation, and therefore they were commented on with severity ; the Judges were well represented. The Noble Lord who was at the head of the Commission was both reprnentor and represented. He did not believe one word of the charge made against the Solicitors ; in fact, they had every reason to induce them to accelerate the pro. gress of those suits in Chancery in which they were employed, as they were obliged to make large advances to their clients. In the case of Van Sandau, there were fourteen different suitors and four teen different defendants, and soilless than seventy affidavits. That gentlemen, in his internam with the Court of Chancery, was so well-be billed, and the ofildavka were so numerous, that it would have coat hint UK to know what hail been sworn ' m i shit ; It would have lest hint 3001. to emit • espy CZ: s i sa l; which bed boo Mod against He stated to show that* wee teeorotory fir the solleitees of the ef io sake hoe ilwasce*i shy emu wM& they IMO sufshae y It wee disk Is tweelflo does emee $lO ity tkdt , tiZ ie lht Aida dialetreerWee Seer were to sake in the peasiedes of the wow 114. if *see 1011. citors been on the commission, they would probably have pointed out that the delay of the Court of Chancery, which was so. much complained of, was not to be attributed to the officer. of that Court, but to a higher quarter, of which it would not be quite so safe to speak as of the solicitors, and who were in consequence obliged to bear the odium of the charge ; there was•, another point which had been neglected by the Commissioners, he i meant the practice of the Court relative to injunctions. An In. junction was granted by the Court of Chancery, upon the state- i nient of the suitor, that he did not apply for it for the p ur p ose o f creating delay ; then, in case he was to have received the amount of his claim by execution, an injunction was granted to stay that execution. There would be th. anomaly of one Court con tending against another; and the suitor was by that authority de. priced of his remedy; there was this absurdity in the case, that there were two different jurisdictions acting by two different means. It was highly absurd to think that a man who was by one Court entitled to relief, should by another proems of law be deprived of his remedy. The Commissioners had suggested no remedy for the inconveniences which arose out of the present practice of the granting injunctions; and he feared that the form of affidavit would not meet the greatest abuses of the Court of Chancery. The SOLICITOR-GENERAL, said he would not occupy the attention of the House at any length, but, as one of the CnnimiN- Rioners appointed to inquire into the practice of the Court of Chen. eery, he felt himself bound to say that lie had performed his duty ; and, although the lion. Member for Lincoln had brought charges against that body, it would be easy to meet them w h en an opportu nity was afforded to examine them In detail. The lion. Gentleman had said that solicitors should have been appointed on the Commission ; whereas there had been no precedent for such a practice. lie (the Solicitor-General) did not recollect any instance in which solicitors had been appointed to such situa tions. In the case of Lord Ilardwicke, no situations had been appointed in the Commission ; they might be invited to attend the Commissioners, but on the present occasion they had been exa mined: in fact no person was obstructed or prevented from giving information. Ale. Lowe lad been examined. /f any one dais had been excluded by the Csvenissioners,• they yaould not have done their duty. But as the lionoileable Gene4reen had charged the Commissioners, he hoped they would a ll mower for themselves. With respect to the complaints that there had been delay in giving judgment in the Court of Chancery, he would merely say that it was impossible to answer each in dividual case without some opportunity of collecting all the in. formation upon it ; but he would say that in every instance where a complaint had been brought forward against the practices in the Court of Chancery, there had been a satisfactory answer given. Not one of the 160 Resolutions of the Commissioners had been ob jected to, and it was fair to infer that those Resolutions were satis factory. Another improvement suggested was to bind the Mas ter to compel the parties to go on with their suit. At present there was no potter of control; but if any delay took place hereafter, the Master would be answerable. It had been mid that the Commis sioners had done little; in his opinion they had done SS much as could be expected. Some thought the bankruptcy busiseen should become the business of a new court; but he could not concur with them. The evil was, that the inferior forum did not act. Ifs new mini were established, would any man say that there must not be an appeal from it. It was known that from fifteen to twenty days of the Chancellor's time were consumed in the course of the year by bankrupts. The improvement should be carried into etlect, in his opinion, as quickly as possible ; and the resolutions of the Com misstoners might be modified, after a little experience. The Commiasioners had taken up every subject in which improvement could be made, and their exertions had been patient tutd4eborioua. Me. M. A. TAYLOR said the Commissioner:, were entitled to some praise; but had they not neglected some material parts ? Mr. Shadwell was asked if one individual could get through the business of the Lord Chancellor ' • his reply was, that three angels could not do it. (A l a u g h.) H a d the Committee recommended the appointment of three angels ? Why had they not ? Because .Mr. Shadwell advised that the bankruptcy business should be separated; but Lord Eldon would rather part with life than with bankruptcy petitions. Sir Samuel Romilly thought some step should be taken to rid the Court of bankruptcy business. The Chancellor ought not to be distracted by o th er political duties. They were told that the abuses were fancied abuses ; and one part of the Report said a suit might beneficially last for half a century. Sir Samuel Romilly was once applied to by a Member of the House to expedite his suit. He asked him how it was he had not voted with ilia) for an inquiry into such delays ? He should do his duty (he added) in his cause, but he wished never to tee his face at his chambers again. It was a libel on the profession to assert that there were not three fit individuals to discharge part of the duties which devolved on the Chancellor. Why not go to one of the Judges? Surely the Chief Baron of the Exchequer was a fit person. The Judges of England were a most laborious class, and had less time on hand than any other description of persona In the country. If it were asked what was gained by the Report, he would admit that the Commissioners we re entitia to great merit for what they had done, but they had not gone far enough, and had omitted to notice that important of their duty, which was to Inquire whether the Court of Chancery was competent to discharge all the duties which attached to it. The same course as that which was now pursued had been going on for twenty years, and yet no attempt to rectify abuses had been made. Surely the Government which ne- Fleeted to inquire into so glaring a muter, when tk, I :elnetterent se Mordantly mentioned it, was to blame for the neglect. The lion. and Learned Gentleman (the Solicitor-General) had alluded to several Lord Chancellors, and might have adverted to many more in whose time the same system was pursued. But the real reason why the abuse had been allowed to proceed for so many years without correction was, that the reform had originally been sug gested at that (the Opposition) side of the House, which was con sidered a proscribed place, but at last it MIS found necessary to adopt the suggestion. Mr. Secretary PEEL sald, from the tone in which the lion. and Learned Member for Lincoln (Mr. Williams) had introduced his motion to the attention of the House, he supposed that it was not intended to persevere in it. The only object of consideration, then, be believed, woo the motion of the Attorney-General, who intended to found a Bill on the Report of the Commissioners. He agreed with the lion. and Learned Member who spoke last, that the present was not the proper time for that purpose, but that the details of the' matter should be previously laid before the House, to enable hl embers to form more correct opinions on the subject. He did not, however, concur with that Honourable and Lesznedlliember on another point, where hequoted, as an assertion of the Report, that fifty years might elapse before a cause would be decided in Chancery. The Report, however, only stated that there was a popular misapprehension on the subject; as, for instance, in the case of infants, the cause might be delayed twenty years, and still the delay would prove beneficial. In this country also, where real property may be disposed of, for any number of lives in existence and 21 years afterwards, trust might be executed on the same principle. lint it was said, on the authority of Mr. Shadwell, that cases of bankruptcy should be transferred from the Court of Chancery. But the Commissioners only said that there were other modes, and that if those were found practically wrong, then they would concur In the propriety of the proceeding. But the Commissioners add, that the bankruptcy cases required a great knewledge of equity, and did not require all the time of a Judge. It had been stated that the Commissioners did not go far enough, but that complaint of the Hon. Member, (Mr. M. A. Taylor) was in contradiction to another, which said that they had gone farther than delicacy warranted. In the publi cation which had been so much relied on, many contradictory causes are assigned for the delays in Chancery, and some reflecting on the Lord Chancellor. From those contradictions the Report steered clear. If he were asked the question, he would say that neither the Lord Chancellor' nor any of his friends could take any exception to what was personally applied to that Learned Lord. The Honourable Member who had spoken last now reduced the propositions, which on a former night amounted to 4100 to 187. He repeated that the present was not the time for discussing the measures which are contemplated as the result of the report, but as to the charge of the delay ascribed to the Lord Chancellor, he wished to mention the evidence of Mr. Basil Montagu, a gentleman of great and acknowledged eminence eau the legal profession. That gentleman professed at the outset that no two persons differed more on political matters than the Lord Chancellor and himself. lie said he derived pride from the friend , ship of Sir Samuel Romilly, with whose political opinions he tully agreed. That gentleman assigns three muses of the delay in that respect. The first was the difference between the Lord Chancellor and the other Judges, in the conception of what the duty required, for he had not merely to state how the law stood, but had also to make up his own mind on the matter. In that view Mr. Montagu concurred. Who then would impute blame to the Lord Chancellor for thinking it his duty to take the trouble of examining the matter until he had made up his mind on the business ? The second cause of the delay was, that there was no appeal in the cases of bankrupts which were referred to him, and the necessity of circum spection was evident when the appeal was made from the decision of so learned a Judge as the Vice Chancellor. The third ' cause, in the words of Mr. Montagu was, in the constitu tion of the Lord Chancellor's mind., and hie ultra anxiety to decide all cases submitted to him with the strictest nicety. When lie saw a man at his advanced period of life, at the age of 76, devoting 12 out of the 24 hours to the discharge of his public dutiee, with only a vacation of three weeks, he could not too highly admire him. Mr. Montagu, it should be observed, was of adverse political principles, but that gentleman stated two cases, in which the delay he at first condemned was afterwards discovered to be most prudent. In another case the Lord Chancellor, by conference with the Chief Justice of the Ring's Bench, procured the removal, which had been previously refused, of a man who was confined for a debt of 10/., and might have otherwise remained these still. How could it be expected that a man of such sedulous devotion for 12 or 14 hours a day to the business of his Court, could have any time left for speculations of reform ? He was always absent when his presence was likely to affect witnesses. No man attempted to ins. peach his integrity, and he could not help expressing his admira tion of a person who had sent his time so honourably, and against whom no one dared to say that it had been expended on frivolous amusements. (Cheers.) Dr. LUSH INGTON thought that no man, who considered the nature of the Commission, could expect that the Commissioners would agree to more than 1117 propositions. It had been objected. that the Commissioners had omitted some matters. They bed been char ed with not examining into the matters pending between the = i :g and hearing of a cause, and between the hearing noel Os- But there were documents which formed a remaining pen tithe which were they put in the hands of Members, world mil. Hon. and Learned Member then preassgag ya m the he dee documents relative to eausapapers - Unman .Gsed . Chatialke and a* Vice-Chancellor. By than the hoped that eislreesdua and that of the Lord list three yam might be jugged. grits bees esambst al all points until the Commit/deem felt reluctant wank "waft which might WO. ihd pianali who gave testisomp It swot hisaisy to stye what had been done asters' likely to result from the Commission. It was due to the Lind Chancellor to rate, that he acceded with the greatest deference to all tuners (hear); not giving his opinions as dogmas indisputable, but allowing full inveatigetion and free dig cession of their merits. The number of appeal cases remaining was 109, and the Lewd Chancellor disposed of 45 per month. Delays had, no doubt, taken . place, but he was not one of those who thought the proceedings in Chancery would be facilitated by the Report. He contended, with one exception, that the Commiseineers had done all they could have done. It was better to try an experiment, as had been proposed, than to destroy the system. It was said the bankruptcy business might be separated, but such a separation would he highly detrimental. lie could not avoid ad verting to conveyancing. Instead of applying remedies, Parliament was occupied in loading the table with statutes. (Hear.) He was at that moment the mas:er of an'estate. the abstract title of which occupied 400 brief sheets. The effect of this was, that many per coos chose to go without any legal title to their estates. Ile hoped that on a future occasion Parliament would feel the necessity of t n. tering into this subject. Mr. BROUGHA 31 agreed with his Honourable and Learned Friend (Dr. lLushingtot,) that there would be übundant oppor. tunity of discussing the details of this question, as well as the general principle, upon a future occasion. lie should no: have felt it necessary to call the attention of the House, at so ally/seed an hour, but for the two apeeches just wade. If those speeches went forth unanswered, the country would be led into a delusion to which he 7 should be an accessory. He did not mean to insinu ate that this delusion would be intentional on the part either of the Right Honourable Secretary (Mr. Peel) or of his lip. nourable and Learned Friend (Dr. Lushington.) He wished to avoid all unnecessary personality, but he thought that the report had omitted their inquiries into the delays between the final hearing and pronouncing judgment. He found no actual allusion to this important point in the Report, and as it was a' point which must naturally have sug gested itself upon reading the Report, he supposed that branch of he subject Iliad been purposely avoided. It appeared such evidence had been taken, but the whole evidence was not before the House. They had neither the evidence nor its cooclualons. The evidence might hare been omitted by accident; but there was nn report, no opinion. on that most im portant point. Not one allusion was made to that great integral part of the subject. It was most important that it ahould hare been stated whether this branch of the subject had been omitted intentionally or accidentally. The expense and abuses in the Court of Chancery, which had been so long complained of, were now, perhaps for the first time, universally admitted; amd was it not material that inquiry ahculd be made to what that expense and those abuses ware owing ? whether it was to the system, ore branch ofit, or whether it was to the manner in which that system was ad mints tered ? The question was, without beatingunnecessarily about the hush, whether the delay complained of was admitted to be inevita ble, or owing in any respect, and in what respect, to the Noble Person for so Many yeeirs at the head of the Chancery Court. His Hon. and Learned I , r iend said that the presence of the Lord Chancellor during the inquiry was most advantageous, because he brought his expe rience and learning. for the information of the Commissioners. He ( sir. Brougham) had no doubt that this was the MSC He was aura the Lord Chancellor would not throw any obstacle in the way of an inquiry into the practice of his own Court. The Hon. Menthe,: tor Lincoln (Mr. Williams), nor the lion. Illem! , er for Ihnham (51r.M.A.Taylor), had never (tinted that the Lord Chan. eellor would interfere personally ; but he and his Hon. Friends said that the presence of one more repulsive, and having; less fascinating manners then tile Lord Chancellor, was likely si lently to impede the progress of that delicate inquiry. The less active he seemed the more dangerous was his presence. —lle looked in vain for the removal of those aprrehenaions, from the Report on the table. Ile was exactly of the same mind now that he was years ago. He had no expectation of a vigorous scrutiny into the question, winch was not the least im portant, how much the delay might be attributed to the infirmity tof the Noble Person at the head of the Court. Allusion had been made to the opinion of Mr. Montagu. He (Mr. B.) respected that Gentleman very much ; but lie protested against its being understood that Sir S. Romilly would have coincided with Mr. I Montagu in his opinion as to the Lord Chancellor. He knew nothing of Mr. Illontagn's political opinions—he had never heard of his political connexions; but it so happened, unfortunately either for the Lord Chancellor or Sir S. Hominy, that they had entertained contrary opinions upon almost every great political subject. It was said that no one man could do the business of the Court of Chancery. One witness said that three angels could not do the business. His lion. Friend was a classical ;choler, as well as a good lawyer, and knew the old stage rule, that a god should not be introduced where a god was not necessary. The same principle applied to a Court of Equity, and he thought three men would hays been more to the point. It was said, too, that no one man could do the business of the Court of Chancery, if he sat from It) to 4 o'clock every day in the week ; and it was added that this was business enough for any one man. Ile (Mr. Brougham) agreed that this was sufficient businees, and that more than this no Judge was capable of performing. The question na turally arising was, whether the Lord Chancellor sat six hoists in the day for slx days in the week, but that inquiry was not pursued. The consequence was, that it went out to the country that the system alone was, to blame, although no proof had been given ; but the the Levi Chanceller had done that which it was adOlil ted on aU aides was as much as any one man could do. The great object was to separate the political and judicial situations of the Lord Chancellor, which, after all, were the principal causes of the distractions and difficulties of the Chancellor. Added to that, was the disposition to doubt, which so strongly characterised Lord Eldon. It was quite impossible for him to attend to all the duties which he had to perform. It was also a cause of complaint that all attempts to procure an inquiry into the practice of Chancery had been resisted, and that too by the friends of that Noble and Learned Lord. He would oak, what had been done during the lam sixteen years to remedy the inconveniences in the Court of Chancery ? Mr. Secretary PEEL explained. Mr. R. SMITH said it was not the business of the Commis sioners to inquire into the conduct of the Judge, but into the prac tices of the Court of Chancery. Ile had signed the Report, not because he thought it contained all that might have been done, but because, under all the circumstances, it would do much good. Mr. - DENAIAN said that there appeared some inconsistency in the various accounts which had been given of the course pursued by the Commissioners. Mr. TYNDAI. thought the arrears in the Court of Chancery arose from accident, but chiefly to the indisposition of the late Master of the Rolls; he did not think that any part of it arose from mismanagement. After a few words from Mr. A BEHCROMBY and Mr. STANLEY, leave wns given to bring In the Bill. The House then went into a Committee on the usual Sessional Orders, which were agreed to. The other orders of the day being then disposed of. 31r. C. W. WYNN gave notice that his Right Honourable Friend, the Secretary of State for Foreign Affairs, would to-morrow (this day). move that the House, at its rising, should adjourn to that day se'nnight. Adjourned at HALF. PAST TWO. H.4kf BURGH PAPERS. STOCWIIOLI4, MAY 3. TO-day, after two o'clock, her Royal Highness the Crown Prin cess was happily delivered of a Prince. As soon as this fortunate event was known, the sincerest joy was everywhere manifested. Their Majesties, the King and Queen, with the Crown Prince, and a numerous sake, wet t to the Cathedral, to return thanks to Heaven for having granted their wishes. The young Prince will be baptized on the 11th of this month, which is the anniversary of his Majesty's Coronation, and receive the names of Charles Louis Eugene. Her Royal Highness is as well as can be wished. MAY 6. The day before yesterday there were thanksgivings in all the churches, which were crowded, for the happy delivery of the Prin cess. In the Cathedral, where their Majesties and the Crown Prince attended, service was performed by Dr. Hedren, the prin. cipal chaplain to the Court ; after which Te Drum was performed. In the evening the national hymn was sung twice in the Opera, with the greatest enthusiasm. On the 16th of last month, the English brig, Livonia, was wrecked on the coast of Sainte. Our Journals now contain an appeal to the public in behalf of the Greeks. REALM. MAY 10. Their Royal Highnesses Prince William of Prussia and his ('on. sort, are gone to Mayence. Mr. Wary, a British Cabinet Messenger, has passed through here, on his way from Petersburg!' to London. The continued heavy rains, and the fall of snow in the moun tains very late in the season, have caused the rivers in Silesia to overflow their banks to a great extent. PRZSBURG, May 4.. There has been no sitting of the Diet shteetthe9.l.d,'43n the 1 6th of last month ; but the Estates continue their deliberations sepa rately. On the 16th of last month a fire broke out in the great market town of Nagy Koroo. A high wind prevailing at the time, and the fire having commenced In a stable in the middle of the town, where the houses are crowded together, it spread with such rapi dity that In a few hours above 1,000 buildings were reduced to ashes, in spite of all the exertions of the inhabitants, although it was the middle of the day. VIENNA, Mar b. We learn from good authority that the Ansbautrideviii the Emperor of Brasil, at this Court, has received inatructions to engage 300 officers, on ..dvantageous conditions, for the Brazilian army. EXCHANGES ON LONDON. HAMBERGII, MALY 12.-38 11 2 months, S 6 8. PETERMILTRGIL, APRIL 28.-9 5-16. Leirsta, MAY B.—Two Months, 6 20i. BERLIN, Mir 9.—Three Months, 71.1 i. AEGSSIFRON, MAY 8. After three weeks dry weather, we had, or the lit of May, a f a ll of snow nearly a foot deep. On the 3d the weather became milder in this part of the country, and yesterday, after a aukry forenoon, we had the first thunder-storm. The very first Mash of lightning struck a flock of sheep, about three-quarters, of a league from this city, and killed the whole flock, cor.Ating of 170 sheep. The shepherd and his dog were not injured, Allftagh only • abort distance from the flock. On the Ist of Mrs • yoga WAS frozen to death, who, being in • gate of Mee:leaden. of an in the snow. His Royal Highness York has honoured Mr. Squibb's room with biz presence, and inspected the splendid jewellery and plate of the late Mr. Thomas IdliCh is to be sold to-day. PIUCES Or Rani= Rank Stock 201 200 2014 X per Cent. Red. 77j 3 per Cent. Coss. 701 ► 77j 78 l)ltte Acct. 7SI ni 7i SO per Cept. 844 S} per Cent. Red. 84"4 4 New 4 per Cent. 904 PRICES OF FUNXIGN BruMan Bond. 44 .. Colombian lion& 40 Ditto ti 4 ; - n r it(liai) - 4 . 2 6 16 DIU', Acct. t 2 II n 2 Mullah Bondi (11d5; 631 tt 3 1* Ditto Acct. 54 P;;Wchii.ente; 5 per Cent. 96f.b0c. 16f. Zie. Fl.. change 25f. SOc. 60c. 65c. ►rench Ratites 3 per Cent. 6.1 f. SOc. Exchange 26f. 60c. 65c. PRICES OF 131131 hogln-Ifexlean . Columbian.. ....... United hf exlean ......., Welch Iron and C0a1... Protector Fire . Continental TOCHS TESTFATIDAY. Lon/ Men. 1t 11-14 f 11 PG Melia Stock lath. Bonds 9 10pre Ex. Mu, WOOL 9 10 pa Ditto 9001. 10 pon Data filltali 9 50 14 , 1t,ery Th:Lets 211. IN. 11 lfrC !CS YF:4I'I , 4IDAY. Greek Bode,* ( i d 26) 16 MvilCaTl Bond. lAilto 11..nde (1t , 95) 923 a k li Ditto Acet.G2t i 2 11 24 9 Prov.lun Ronde itittb tiondr (1822) 9lf • t line.ken Hondo 74 Le 6 Ditto Acet. 761 i SpanlA Bon& 7i Ditto Bond. (1823) 44 i , Ditto AceL MS YESTERDAY. ithAre. Paid. ,elOO 1.0 20 'Rs 100 sol 4i Ll 4 ...: 10 20 par 24 24 11 Ws AsSUBARCI OAS LIMIT AND COBS _ 100 d 7 dill GO 1 1 pm 100 1 pia lOU 15 . Ot die •1.0. t**iou. 2 1 dt s Canal Gav Engine Aaa Engine Carriage Provincial Bank of Ireland . the Brits ft VrtsSiS. DRURY-LANE TIIEATRE. This Evening, FRIDAY, May 18, will be perforated the Historical ray of WILLIAM TELL. William Toll, Mr. Mricretviy; Albert, Miss Vincent b Michael, fr. Wallach, Ce.ler, Mr. Archer. Emma, Mn,. Bunn. After whirl, the Melo.Drarna of THE le/NKr:LEER'S DAUGHTER. Richard, Mr. Pcniey Mary, Miss ise,:y. COVENT-GARDEN THEATRE. TM' Evening, FRIDAY, May 19, will be performed the Romantic and Fairy Opera of OBERON; or, THE EIX-KIVG'S OATH. The principal Characters by Memes. Brahmin, Cooper, Truntwa, C. Eland. J. heart, and Baker, MlA.et Paton, H. Caine; Madams Yea. trig, Mr.. Vining, and Mrs. Davenport. To conclude with the Comedy of CHARLES THE SECOND. King Charlet the Second, Mr. C. Nimble ; Lord Huebert'', Mr. Junes; Captain Copp, Mr. Fawcett. Mary, Miss Helme. SADLER'S, WELLS. mt. EYelling, FRIDAY, May 19, witl be pfrfonned the Comic Itallet of WEDDING CAPERS, THE •ILLAGM SUBSCRIPTION. After which the Comic Romantic Heml-Rueleeque Magic Melo-Dranw of THE PEACOCK'S FEATHER; OR, VII GRAND CARAVAN AND TUB lIADOLIR Ot CAIRO. • To conclude with the celebrated Barletta of SIR LALSICELOT GREAV ES ; OR, TIC MII2IOIIIRI 07 T 12107111 •a• The Lottery now on Sale is the Lao that will ever he allowed in ON Kingdom. The price of Tickets and Shares will rise in a ten dare. There are Sista 0,0001. All to be llsimp In O♦e flay. Puss commenced publishing yantiday morning at tive o'clock. ' LONDON, FRIDAY, MA I( 19, 1826. We have received the French Papers of Tuesday, and the Toile of Wednesday. The following are extracts : . - [From the Cour;ier Francais.) '- ' ' The Evening Papers endeavour to call in question the taking of hlissolonghi. They oppose to this fatal news only letters, of which they give neither the source or the date. Would to God they might be right, and that we may have been led into an error ! The news of the taking of Slissolonghl was brought on Friday night, to tile Frederick Adam, now at Paris. He received • courier from Corfu, by way of Ancona, bringing despat i chei which, it Is said, contained an account of the taking of Mi.soLaoghi, given to an Englishman of rank, by a Greek who escaped from the my sscre of the inhabitants of the city. We subjoin the accounts which we have been able to collect to-day, and which bear marks of probability One of the defenders of Minsolonghi, who escaped by a miracle the general massacre, relates that famine had been more fatal than all the efforts of the barbariaos. seems that for a fortnight the inhabitants were reduced to the most dreadful want. During th:s whole time they existed on the most disgusting aliments. Their hope was kept alive by the appear. once of part of the Greek fleet, which cruised opposite the town, and made every day some new attempt to take possession of Vas silatli, or the entrance to some canal, in order to send mimics to hlissolonghi. Unhappily none of the fire-ships which were launched took effect, and the Greek ships were much too weak to contend with the large Egyptian men of war, or to expose themselves to the fire of a battery on shore. After having held out till the torments of famine becime insupportable, and after a council held by the Chiefs, it was resolved that, in the night of the 22d, four corps, formed of warriors, in the centre of whom the .wonten and childrrits should be plexed,should successively sally from the town, and end is your to pass through the enemy's lioe, and reach the mountain& of Etolia. The unfortunate people thought they acted in concert with Karaiskaki, and that by means of a simultaneous attack they 'night leave a place which was no longer tenable. But whether thyy were betrayed, or whether fate had so decreed, they put their ply' in ex ecution at eleven at night, on a signal which they thought was agreed upon, and the first corps came directly opposite to a masked battery, and was almost entirely destroyed by the grape shot. About 100 men, who escaped, took refuge behind some ruins, where they sold their lives dear. The other three corps, terrified by the fate of the flower of their warriors, endeavourcd to retuan into 3lis solonghi ; but the confusion was great, and the place without tie fence ; the Turks soon penetrated into it. It was now one o'clock in the morning. All able to bear arms were massacred without mercy ; only the women and children, to the number of 4,000, were epand, to be sold as slaves. [The Revile, dated Wednesday, May 17, has no news. The Monitcar gives a list of one Archbishop and 24 Bishop• aha had adhered to the Declaration of 3d April, Ia addition to the 45 who had before expressed their assent to it.] Fnrtxca Ftarns.—PAals, Max 10.—Five per Cents. of. 25e.; Three per Cents. 64f. 20e. ; Bank Stock, 201t1f.; Rentes tie Naples, 73f. 40c. ; Royal tipanish Loan, 44f. Ofc. Exchange on London—One Month, 25f. 55c.; Three Months, 25f. 3k.— , Colas AutlFatique. 1 The Dutch Paper, which arrived last night, inform us of the complete recovery of the King of the NET Hist •Nlis from his recent indisposition. It is now confidently af firmed that the last negotiations with the See of Rome will lead to a final adjustment of all that relates to the Catholic worship in Belgium. At c iedam there was to be a grand concert of vocal and instrumental music, in the Dutch re., formed church, for the benefit of the Greeks. We subjoin the letter of Don 1411totiEL to the Psi NCESS REGENT of Po aTUGAL, which has been published in tha French Journals : "MT TENDER SISTER l.—A. prey to the meat profound grief s caused by the irreparable loss which we have just experienced, my desire is to see tranquillity prevyill in our country, and to respect the Sovereign decisions of our dog Father and Master, whom it has Pleased God to call to himself ; and though the fidelity wlueh the Portuguese nation has always observed towards its Sovereigns Ls unalterable, It is, however, possible that eril.minded persona s actuated by sinister Chi r opreheneible views, may seek to excite is the kingdom criminal , ennimallerna, perhaps making use of my name to sorer their pee,idious views. " Coder theme circu instances, and considering thedistance whieia i separates me .tuni rvetugai, have thought that t was Dot Oaly suitable, but absolu s ki, necessary, to express, by the cot, means to my power, that, /tar from authorising, directly or Indira:ay, GDP seditious sanding sodisturb the tranqu illity 01 , ono country. I pool Awe(' isolate that nobody repeat 100111 tban I do the hut will of mu august Pother and blaster, and that I shall *rays diiilesin awry *mg that shell not la elararaibbis tro tbo dimotillimoof thodoomOofitto kb:Alma of do plum year,. by tibia Ms Wow i NNW &ad, KW elo - TA** Vorfigiel ItteVii pYgi saidialaiss, *waft • Me, iteenlmataillie aorarsirmeas • I . • . ..• . . . . . . - . , . ...• . . . __. . . _ . • .._!....•._• • _ • _:. 4M1L • ."..._4-_ , . • • _. . __ " ''' ' ••••••• '., e-", _ . .. .. . _ ___