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

motion's led hint to - think thatit -was ithnostimpossible to resist` the present motion.. lie was decidedly against the opinion that 'that House ought to wait till Something on the subject had been originated in the other. If proof were wanting that they ought not to do this, he could not desire a better than that furnished . by the measure of. 1813, which, while it created a new officer, had. given additional patronage to the Government without ef : . fecting any good. The Court had, indeed, been in some de arree relieved by the extraordinary dispatch of the Judge who sat as Vice-Chancellor. But for this the arrear at present would have been immense. Under these circumstances he did not see how• the proposed inqUiry could be resisted. Ile should therefore most cordially give his vote for the motion, and that too.with a view of clearing the lend Chancellor from any im putation, which the 'powerful •and voluminous speech of his lton. and Learned Friend might he considered to have cast upon hint. - • • Mr. W. 'COU lITENAY laboured under some disadvan ••tages• in rising on the present occasion, from the circumstance of his being,ono of the officers of the Court of Chancery, who had been implicated nhnost by name in the alleged abuses in that tionrt. Mr..M. A. TAYLOR begged to say, that in what had fallen 'from him on.the preceding night he had made no allusion to 'the Hon. and - Learned Gentleman, who was not a Master in Chancery at the period to which he had referred. Me. AV. - COUIetTENAY resumed. It had been stated that the public complained of all the Officers of that Court, and -consequently he was comprehended in the charge. The clues -tion on which they had now to decide was this-ehad a case been 'made out which called on the House to institute , the proposed 'inquiry. It had been said no personal attack had been ni ` tended on the Lord Chancellor; but whatever the Hon. and' Learned Gentleman Who had just sat down had-found it,since it • came into his hands it had been converted into a moat direct and ,personal attack on that Noble Lord. It was worthy of remark • that • the attack was not confined to'dilatoriness, but that distin guished-individual was accused of erroneous judgment, . and want ofknowledge.--4 Heaths—The I ,airned Gentleman seemed -to dissent from this, but if such charges were not intended to be preferred, what was meant by . the remarks on the Portsmouth case, and these on the ()pinions entertained by the Lord Chancel lor 'on the subject of literary property The Attorney-(funeral had been said to have ingeniously imagine& that a personal at. 'tack had been Made on the Noble Lord. But what were the expression§ used by the Hon. and Learned Gentleman who hats. brought fOrward the - present motion ? Had he not called the decree mentioned in a particular -case, a surreptitious decree, and had it not been said with respect to the Lord Chancellor, that cc such was the way in which that decree was pronouncal?" If these assertions were warranted, was it tit that a Conimittee should be appointed to inquire into facts which, if true, ought to he niade the subject of an impeachment ? The [lon. i\lover said he had biought thrward this • proposition as the , grievance complained of had been admitted, and the rented} , attempted to be supplied in 1813 had completely failed. He should have • thought when the object was to stew that the evil / was as great now as in 1813, that the Learned Gentlemen would have had recourse to sonic authentic document, to skew what amount of business was now before 'the Court. lie begged to state ' what the amount of business was in June, 1823. At pre sent there were standing to be heard-before the Lord Chancel lor and ViceaChancellor 360 causes. The Learned Gentleman had, he thought, need rather - a hard expression when he de scribed the view taken by the Attorney-General of business • in arrear, to be a quibble. Ile felt himself compelled to take the smile course. He thought it necessary to know what was in arrear to consider the total number .of causes to be heard and bills filed, and that with reference to the time. when they were put down for a hearing. The hills filed altogether in the course of 1822 had amounted to 2,-189. In 1820 the number was 2,220. In 1821,- -2,071. In - the present year the number 'already filed was 1,038. These. added to the 2,489 filed last year, _gave a total of 3,527 since January, 1022. He did net consider it was correct to say because such a number of cases • were befere the Court on a given day that there was an arrear to that amount. But if on any given day, say.the sth of .4.- minty, 1022, it should appear that such a number of causes had been 'set down to be heard three years ago,. that business be should call an arrear. This might be fallacious reasoning:, • 'but it was no quibble. The bulk of the cases which now stood ..for hearing hail been set down since Michaelmas TerM, last • year. The number of eases, under the head of " Further Di. .rections," how before the Court, sitar 125. • Two nfonths re mained before the long vacation to dispose of. these. Wishing to Wee a fair view of the arrear, lie had yesterday inquired what -it had been before the conunencement of the last long vacation, and had found that the number of cases under.this head which were among the most important as suitors, - which had not iaa in finally disposed. of nt that time, did not exceed sixty. `lie would venture to lily it down as a position, that with the exception of appeals, there was no business in the Court of Chancery which could be 'called in arreitr. Ile meant that a suitor might now ;So into Court, and get his cause heard with oat its being set down in the list of arrears, and that In as short it thee, or shorter, than' he ever could before. lie knew that an opposite ()Pinion was entertained by some Gentlemen, but be hoped they would not meet his position with a. mere con tradiction, but strew that such delay.was incurred by suitors.--, Theoffice which now remained for him to notice was that' of ethe Master of the Rolls. When Sir. William Grant retired • eat Michaelmas -Term, 1816, the number of causes unheard was .4110; since that period 1117 had been set down, and the num ber remaining td be heard was now 111. Thus 1,179 causes had been disposed of within that period, and he stated these independent of petitions. The petitions heard amounted to the number of 5,008, though lie was willing to allow that these did rot consume flinch time. flt was said that on his side of the 1-louse they had not answered the additional facts brought. forward by the Honourable Member for aDurham. fie would state to the House why he had not answered them ; . because at the time he heard them, he knew they could not possibly have easy foundation in truth, or even in probability. There was • • atne case in which it was said that the term fees for one yeai amounted to 1011/. He had since applied through a different • • channel in order to possess himself' of the documents upon • which that statement was founded.. by the Hon. and Learned .Member; he had ascertained that the most unaccountable -mistake had been committed. in the eivilest language he could use, he would say that he could not conceive how lies Hon. and Learned Friend could think there was.the slightest truth in the matter, and. he would therefore only conclude that there had 'been a most groaa.mistake. In the case of Beer and IlarWood, it. had been gravely charged by his .11on, and Learned Friend that the Lord Chancellor - had made asurreptitinus decree. Mr. NVILLIAMSee-" . Never." Mrs COU'et.TENA.V . proceeded to read the words as he had .heard theist-fall from his flon: and 14 u ned Friend.' The state inent was, that the Solicitor complaiacrl of a. sureptitioue havineabeee given. Mr. hear, hear ; that 1 did say." Me. COPRTENAY said he - knew his lion. and Learned wee too guarded to make such a charge hisneellabut what was the impression his statement conveyed to the House, - if it was not an accusation of such a decree having been made? What was the meaning of' what followed ? After stating the fact, lie left it to the consideration . of every Gentleman in the House, and let them see how the than Gentleman who spoke last itnderstoed it. That Hon. and Learned Gentleman, he was sure, would not shrink from owning, in die hold and manly manner' in which he always spoke his opinions, that to but mind such was the charge -made.- The charges fur the alleged attendances having been disallowed, was at least proof that the evidence - possessed by the lion. and Learned Gentleman was of too loose a neture to justify a charge so grave. When Lord Eldon heard that his receiving the assistance of the party in pri_ vate had given offence to the.adverse Soliaitor, he mentioned the. - subject publicly in - Court, and stated .that upon the best of his ju(lginent and eaperienee lit. durtiglie it heeit to. have such pi " yaw aestistanee to aothe cases, for, the sahe •of accuraey and elearness in the minutes,- and-that ie. was always his intention to tta ss i whenneeessary. The Tien. - and 'Learned Gentleman alien went through the caeca Which had been mentioned as exe. ample Of delay, and *hewed that t;la (Islay was owiag either to. the peculiar intricacies of the que:aloir,, or to the conduct tel • the parties them selves and their Solicitors. - The number of ap • peals froin ail the Courts., and epon ell the ttusinesa of a -.wealtiry population of 33 millions, now before the Lord Chins cellar, amounted to 104. -'These, at course, he meant were: tip. an qaeetions. ' hut, independent of. this the increase of nopu. Tenon, and wealth,' and enterprise in • this country, lied created a new hind of business, which formerly wee never known. This 'consisted of Motions and instructions in regard to intricate corn• mercial trareeictiont,,the working of mines, _the interests in Agree concerns, - such as theatrical establishlllents.—(A laugla)_es AlCd he•woulti also remark to his -brethren of the bar, if' they fount] - fault with the delay which existed, that they sometimes centributed f o it by the extreme length of their arguments. When all thew things were considered, he thought he had a right to say thet the Amer of business was not great in pro portion to that which was done: It was said that the Noble and Learned Lord took large time to consider before he gave decieions; and from that he would not shrink. lie held it necessary to public justice that large time should be • taken : and' the manner i n which his decisions were given would make them the foundation of a system of Equity Law, by ' which the property of the people of England would hereafter be secured. Ile knew that every Lawyer would agree with him when he said that the judgments of Lord Eldon would go down to posterity as a guide to future Jo (Iva, anti a direction to future Counsel. 'fie whole argu ment of the on. :111(1 Learned. Gentleman, whatever his motion wee, was dir&ted against the slownes s o f the Lord Chancelhir. The only object to which inquiry coal-_t lead roust consequently -• be. tine..reeraval et firmi ile •Nctelld ask the Nowa, if they f.-:0111d ent ertain the idea ter a roeinent of going , into such inouicv io the na.lith of Juice. n, t, , g yri upon witt Noble .an'] Learned Lord would be I "rc3,,,, i thious; but be would say that he bed held his great station for a number of years with great service to the putt c ; that his learning was uni versally acknowledged and that his integrity was umnepeached. Yet it was now attacked for the first time, a:'d if the House went to the Committee, it would be for the trial of the Lord Chancellor. For his own part he should object t) an inquiry, which he believed in his conscience could lead to no good.— Ilefore he sat down, he would read to the House what he. be lieved ought to be the answer of every honest man, to the only charge which could be made against the character of Lord El don. During the Regency of Louis HIV. thee was a Chan cellor of France, against whom the only charge was dilatori ness in decisions. One day his son told him of these rumens, and he made the following answer :—" My child, when you have read what 1 have read, seen what I have seen, and heard what I have heard, you will feel that upon any subect of which you know much, there is much that you do not know. You will then be sensible of the mischievous and ruinous conse quences of the smallest error committed from • want of relict:, tion."—( Ilea; hear!)) Mr. ABERCROM By said, that he would not offer any opi nion of his own with respect to Lord Eldon, but he believed that if the opinion of the country could be collected, it would be that Lord Eldon possessed great acuteness, extensive infor- Matiene and a sound judgment. But he belietred also that the best friends of Lord Eldon would not deny the existence of that unfortunate infirmity which deprived the public of all the be nefit which - it might derive from the Noble Lord's judgment; and it was - certain that great public inconvenience might occasionally be. derived from the operation of that infirmity. Now, he thought that his Learned friend had been unfairly dealt with, in the supposition that he had imputed to Lord Eldon a surreptitious decree, beCattse it appeared that his II o noutable Friend had only read an affidavit imputing that which his Honourable Friend was now accused of imputing. There was no accusation of delay to be made against the Vice-Chan cellor ; for it was generally allowed that no charge of that kind could be made against him. There was now no original ease 'heard before the Lord Chancellor; he would therefore put the charge of inconvenience to the public on the mere issue of the dates of the times when a cause was ordered for hearing after the appeal was made to the Lcird Chancellor; and on how many attendances were charged to the suitors? The House and the public knew that they were very great. Taking the conduct of Sir W. Grant for a criterion, how little was the quantity of brtsiness which was now got through ? The public had two great evils to complain of ; the difficulty which existed to obtain the opinion of the Lord• Chancellor, and the great delay which took plate in the Court of Chancery after an appeal was made. If the Lord Chancellor should be restored to the Court this Session, the House was bound to inquire whether the time and property of the suitors could not be saved. There were many internal regulations respecting the mode of transacting'the business in the Court which would be highly advantageous. He would therefore support the motion. Mr. WETHERELL said, he was not under any obligation to Lord Eldon ; and had no wish to uphold the abuses of any Court of Justice ; but, with every respect for the talents of his Hon. and Learned Friend, he differed from him in most of his facts, and in all of his conclusions. The first branch of the speech of his Hon. Friend inculpated the Chancellor ; and the other attacked the system. His lion. Friend complained of a revolution ; and, certainly, if there was any revolution, he had proposed a complete counteraction 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 Committee until he had sonic data to assist him towards a certain remedy. He (Mr. W.) denied that there had been a revolution in' the Court, though he admitted that the appointment of a Vice-Chancellor had not produced all the good which had been atiticipated front it. He hail voted for the Bill constituting datt Office ; and, notwithstanding the ad mission he had just made, lie would give the same vote if the questionwere to be again discussed. He asserted, as a fact, that there was no arrear of causes at the Rolls, at the Vice- Chancellor's, or at the Lord Chancellor's. The causes now in the papers were new causes, and it was an error to state, that because there were the same numbers now as there were some years ago, therefore that there was an errata of causes. And yet this assertion was the whole foundation of the case, brought forward by his Hon. Friend. But then it was said the number of appeal was excessive. He would not vindicate Lord Eldon at the expence of Sir John Leach ; but the ratio of iii. crease of appeals was little greater than it had been formerly ; they were not more than 14 per cent. It was argued, also, that the Chancellor heard fewer appeals than he did original causes; but he (Mr. W.) wished to know bow this affected the adMinistration of justice I. It was better to have fns Lordship's attention to the original anuses than to the appeals, if they Could, not have it to both. In the Vice-Chancellor's, Court there Was nm en arrear of any cause two Terms old. Ile could not quite admit the fact, that an appeal could not 'be heard in less than two years s • but if that were so, he did not think it a circumstance on which to overturn the present Administrator of Justice in this Court. On the whole, be thought it better to secure the appellant jurisdiction of the Chancellor, if he could not retain the original jurisdiction. The discussion on the other part of the subject had, he thought, assumed rather an irregular and miscellanous character. Personal attack on the Chancellor hail been disclaimed ; but this disclaimer was not consistent with stating that delay was the mischief, and that the Chancellor was they author of that delay. The imputa tions conveyed upon the Chancellor in the two particular cases, referred to by his Ilonourable Friend, he knew to be scanda lous. He was himself Counsel in one of the cases, and was therefore as conversant with it, as the (Wow who had instruct ed his Honourable Friend.—lle never knew a more . difficult case ; it had been argued and re-argued by the concession of the Lord Chancellor ; and he had devoted a fortnight , of his own occasional time to the making out of the minutes. A. scandalous petition, reflecting on the Chancellor on , this oc casion, 'was afterwards put into his (Mr. Wetherell's) hands by the Opera in question, and he had indignantly refused to open it in Court. Ile broadly stated that the imputation was false and. scandalous. • This case was that of Ware and Horwood."—The next was Mr. De Tastet's case, and lie (Mr. Wetherell) denied that there was any extraordinary de lay is the cause. So far from their having been a delay of 12 years, the matter upon which the appeal,. proceeded was not decided until about two years before the decision of the ap peal. The allusion which bad been made to the Court of Ex chequer he must. really consider as' an episode to the main question. Ile could not understand why the circumstance of one Judge of that Court being ill, and another being. old, should found a reason foevaccmating (if he might so say) the Coat of Chancery with the delays. pi* the Court of the }Ache . quer. Neither did he see why the circumstance of its being asserted that, the Chancellor had given erroneous judgments in particular cases (if he had given such judgments), was a reason for going into inquiry on a general charge of delay. Ilut he denied that any such erroneous judgments had been given in the cases of literary property which had been refer red to. He thought those decisions were perfectly sound ; but sound or not they had nothing to do with the present question of delay. In the Portsmouth case too., he thought the Chaneel.• for had given a sound decision ; but what, Inc asked, hstl the question of delay to do with the question, whe.her Lind Eldon j had given sound udgment ? That House was not the Court of Appeal front judgments of Lord Eldon as Chancellor. But, contrasting the delay. of Courts of Equity with that of the Courts of Common Law, where, lie would ask, was the dif.. ference ? In the Courts of Common Law two Appeals were allowed ; and if this, too, were complained of as a grievance, then, he would say, let them at once go into a Committee to consider of the whole system. He could not but Ob serve before he sat down, that during the twenty - two y e a rs Lord Eldon had pres:ded in.the Court of Chancery, only One of his judgments had been reversed in the House of Lords.— Gentlemen talked of delay ; . but he would rather hear dull truth than brilliant error; he preferred slow accuracy to gnick blunder; and he would renter have a Judge who decided five cases slowly and justly, than one who pronounced a dosenvery quickly but unjustly. He folly conceded to Hon. Members that Judges were to be found who would - decide cases quicker than Lord Eldon. Lord Bacon had called•the trio quick dispatch of justice a pre-digestion, and he left Hon. illembers to judge of the'consequences of this sort of justice.— (A laugh.)—The property of nu the country • might depend .upon the arbitrament of the Lord Chancellor, and strong, there. fore, must he the mind of that man who would call deliberation in such a Judge, a demerit. Not only was each particular case to he decided, but each judgment was to stand as a precedent for future Caseß. Ile solemnly declared, that no where had he found, in the course of his professional study, judgments more learned, more elaborate, more - scientific, or more just, than those of lava Elden.- Undoubtedly-it would be desirable to have jurisprudence in all its abstract prefection, but as lie knew not that this could be obtained, he preferred the present phut, until he could clearly ere a better. The motion sought for a Committee •of Inquiry; but the .House had come he might say, reeking wet oat of an inquiry whirls had lately been carried on at the Bar about the-Sheriff of Dublin ; and lie did not think the proposed Inquiry would restore them to their own confidence, or give satisfaction to the public. Upon these grounds he thought the inquiry sought for would be useless and he should oppose the motion. Mr. SCA IttETT assured his Learned- Friend that'll"! con sidered him as labouring under no degree of that judiciel pre. digestion to which he had alluded ; for, on the contrary, his speech was well digested and not less well delivered. The 11°i:se had heard many learned Counsel belonging to the Court of Chancery, but were there no suitors of the Court who were to he considered ?—(Hear, hear !).--He (Mr. S.) iliould support the motion for inquiry, although he should not prilnaturely give an opinion as , to what might be proper to lie done ,ulti niately. Ile had too much respect for the Lord Chancellor to panegyrize him in that House. lie would only any thnt hip fame could well bear a discussion on title subject witlit being at all injured by it. He (Mr. S.) denied that the natation had any personal allusion to the Lord Chancellor. But the treat ing such a motion as personal was highly inconvenient, as well 'as unfair. Indeed an observation made by his Honourable Friend, last night, respecting Mr. Baron Graham, had been .misrepresented, and'had given rain to that venerable Judge; though all who heard his Hon. Il'riend must know that nothing personally offensive was intended to him. This alone shewed the impropriety-of mixing up personal considerations with such a subject. The fact was, : that many lawyers did not like, in that Muse, to state their opinions on the present system of the Court - of Chancery, but would do so, if the House were to appoint a Committee. This he knew had been the course observed by the late Sir Samuel Romilly. The present question hail assumed the shape of a question of fact. His Hon. Friend asserted there was delay in' the Court; his lion. Friend who had just ;sat. down denied this—and they were completely at issue. This he thought was a fair ground for inquiry.. No less than three Bills had been brought in to make changes in the King's Bench. Not one of those Bills were passed after due inquiry, and the consequence was, they were execrated by the whole profession. It was supposed the 'motion was made to introduce innovation. It was quite con trary—it was to prevent a crude Bill being brought in upon that subject. It was intended to produce onquiry before any rash and sudden measure was adopted. Tile Institutions of the country ought not to be touched with a rash hand. — The administration of justice, for instance, in a Court of Law, was not to be suited to the capacity of a Judge far advanced in. years. It would be better to bear the inconve nience which might arise from such a circumstance than alter the rules upon which the business of the Court was conducted. Justice Buller once said the Court of Chancery Was a nuis ance. He . did not say that was the case; but he thought if there Was ground for complaint of delay in that Coma, inquiry ought to be instituted. The appointment of a Committee of that House would be the proper mode of seeing whether a mo dification in the Court of Chancery was necessary. lie thought regulation with respect to the appellant jurisdiction of the Court of Chancery, ought to be preceded by inquiry in that House. The question was loudie - cidtpd. • Mr. BROUGHAM was hot surprised at the impatience of the House when he considered that they had arrived at the end of a second night's debate upon what he called a dry sub iect. Having heard so much from the practitioners of the Court of Chancery, which was aCknoWledged to be a Court of pain, penury, suffering, consumption of body, and exhaustion of the means of life itself, he was in hope that some person who had, if possible, been benefited . by Chancery, would have started up. ,He wished to have only one look at such a person if Ile was within those walls. He was sure one look at such a person would satisfy the House.--(i1. laugh.)—He had only heard the langitage of practitioners. Who were they who shut the door to inquiry ? They must be enemies to the Lord Chancellor. They said stop, and proceed not a step in the inquiry. Some might suppoee the denial came from the friends of the Lord Chancellor. They were not his friends.— Those persons wished to conceal abuses so old; that Gulliver was known to speak of the ruin of his father, occasioned by gaining a Chancery suit. lie had the highest respect for the Chancellor, and lie was only hurt at the manner in which Lord Eldon had been defended. If - they had concerted means to injure him as a man, and sully his character as a judge, they could not have done it more effectually. The or piment against going into Committee, he should contend, was injurious to the Noble and Learned Judge. He defended , the statement of his Honourable and Learned Friend, who had said attorneys were precluded from giving information, in consequence of being suitors in the Court of Chancery. - No thing could be more fair than that statement, or more friendly to Lord Eldon. The Attorney-General had rushed into a de fence of the Lord Chancellor without the least necessity for that line of conduct, and in his defence he had been as much in distress as the suitors in the Court where the Honourable and Learned Gentleman was a practitioner. His Honourable and Learned Friend had shown no disinclination to do his duty. No Attorney could come forward without the protec tion of that House—constitute inquiry, and many would have evidence to point out whether they ought to proceed.—He considered the subject of complaint a great and grievous abuse, amounting to a nubile calamity. His Learned Friend was represented as having mentioned matters which had never been heard before. All the great learned and lamented Friends who were lost to him for ever, and who had been practitioners in Chancery, had said delay in that Court wax a gross abuse, which weighed down the country. One lamen ted Friend (Sir S. Ro. mitts/ had the candour to - describe the grievance, although he was one of the luminaries of that Court. That lamented Friend, and others of weight and authority, had left opinions and pa pers on the subject, which watt' contradict all the eulogia he had heard. They all proved that the subject had been undet. stood by the lion. Member fo r Lincoln. There was not a peg upon which they could hang hesitation. If all the suitors did not say his lion. Friend had understated the case, the House ought to refuse inquiry. - Did not the equity or common Lawyer. say, when asked to advise an equity suit for 801. or 1001., Good God, no. Who would risk a suit in Chancery for 1001.? Was not that a libel on the Law ? Were the rights of parties to be de stroyed by reason of t! IC smallness of the sum ? He was anxious that it should not be said he kept back one thought on the sub ject. Every one who was a mula fide holder of property, would prefer 'an equity suit ; and as delay was their object, they were generally successful. Here he could not avoid a few remarks on Equity Lawyers. He was not bound to regard the feelings of the Judges, but fairly discharge his duty. lie had most regard for suitors who were his constituents. In 1817, Sir W. Grant retired from the Rolls with time unanimous voice of the Public in his favour. No charge of delay was brought against him; no incorrectness marked his conduct as a Judge. Ills brilliant legal career being at an end, Sir W. Grant was sue ceeded by the present Master of the Rolls, whom he considered a better Advocate than Sir W. Grant, but a worse Judge. When Sir J. Leach became Vice-Chankll or' the bills, petitions, ex ceptions,The total- further directions, pleas, and d em urrers increased...-. l- of increase in - the Court of Chancery and the Vice- Chancery was 1,500 causes, This increase was, in his opinion, owing to the change of Sir W. Grant for Sir T. Plomer. The slowness of business in the Rolls Court forced causes into the Vice -Chancery and the Court of Chancery. - It was said, the L or d Chancellor sitting upon appeals from his own Court might alter his 'opinion; and - no doubt could be entertained that he would . give the parties the benefit of any change in Isis mind. Mr. ,Brougham .knew that Noble and Learned Lord Was justly esteemed for integrity and his high talent. lie bad not the least doubt the Chancellor would give appellants the benefit of any change in his mind, but the ..Noble Lord did seldom or ever change his mind, and the suitors justly felt that they were appealing to the Judge who had decided the very cause aga i ns t them. Much of the arrear of appeals but she d to be O cca sioned by .the influx of Scotch appeals, but they heard nothine. of Irish appeals. The state of jud icature was so defective in Ireland, 'that fifty out of one hundred decisions in the Irish Court of Chancery were reversed. With respect. to Scotch appeals, a Scotch Judge in his time, always looked on himself as raised for political subserviency, and he became a Political Judge from an Election Barrister. - Thus constituted, the decision Partook of the influence, and appeals multiplied. Fortunately Government had corrected a pri n c i p le so adverse to the principles of Bench in Scotland would improve, and that they might follow jurisprudence. His trust w as, that the the example of the Judges in England, by- giving up all political feeling, the moment they became Judges. All must allow that the • greatest danger was to be expected from a political Judge. Delays in the Court of Chancery with respect to appeals had long been the subject of complaint; and Tie had heard of a project to release the Lord Chancellor from the duty of hearing appeals in the , House of Lords, and send him to his own Court. Lord Colchester, as he had heard, was to be-the V ice.. Speaker. The arrangement might be made without much increase of expence. as that Noble Lord received 1,0001. a pear. His Honourable Friend, the Metilber for Aber deen reminded - him that the Noble Lord also held a patent place. The Noble Lord's talent, as a lawyer, was admitted; but having been souse years out ,of practice, was he duly qua. lilted for • the busin ess o f a Vice-Chancellor ? He never could essent to such a • man as Lord Colchester a good speaker, but no lawyer, b e i ng a ppointed to decide the appellant juris diction of two a n c i ent hingdoins of the empire like Scotland and Ireland. ,Yet thi s wa s one of the schemes ventilated about this matter at present. - Another-was that two Scotch ' Judges should b e appointed - for this purpose. This was equally objectionable, as it went to place two Judges of the Scotch Co ur t ar biters over the decisions of all the rot. It was these various plam e to none of which some objection might not be urged; that impressed upon bins the necessity of adopt ing the inquiry proposed to them by his Hon. and Learned riend. By that means they would have the opinions of learned men in every b ra nch of the law, and in every depart ment of science if necessary. Before he concluded, however, he must. say, th a t h a d th e line of his argument called upon him to frankly declare adverse sentiments towards- the Lord - Chancellor himself, he should have had to apprehend • the hostility and exasperation of his friends only in that House i liis experience -of that Noble person led him to declare, that he would be the last person to feel enmity towards him, but that he would at once forgive him. - • -ThcSOLICITOILG-ENERAlroasured thellouseheehould not have intruded upon their attention at that late hour - of the night, had it not been for the painful sense of duty he felt im posed upon him to rescue from tidimit the characters of those great and learned persons whom his Hon. and Learned Friend (Mr. Brougham) had attacked.—tilearlY — His ' 11011 and Learned Friend had tsiadc Moat obnoxious observations on the present Master of the' Rolls. - affirming that the hosiness of' his Court had considerably fallen off' since Iris appointment to it. His Hon. and Learned Friend had founded this attack tipen that learned and industrlons GenticMan, upon the fact of the great increase of the business of the Vice.(!hancelicir. Bdt to manifesethe utter and . egregious fallacy °Mile argument, heha:l only to tell the House that it was the Lord Chancellor himself who appointed what business was to go before the Vice-Chan cellor, and. that the suitors had no election whatever in the matter. That Learned Poison (the Vice-Chancellor) was one of the quickest in decision and examination that ever was known to sit on the Bench. But he was not there to insti tute a comparison between these. two Learned Judges. At the same time it was no discredit...to the Master of the Rolls that he did not run an equal race with his competitor and co temporary. The inference which his H ou. and Learned Friend had drawn from the premises was notoriously false, and' he did not see any occasion for his introducing the observation at all. 'lt was in the same erroneous spirit that his re marks upon the Chancellor of Ireland had been made. But what it was his particular wish in rising to point out to the House, although he could not suppose it had escaped obteerva don,. was the personal spirit in which that debate had been carried on from beginning to end. - In the first place be referred to the opening speech of his Hon. and Learned Friend (Mr. Williams), which, however, it had avoided, which he admitted it had, in terms, to attack the personal character of the Lord Chancellor ; he appealed to Those who heard him, that such had been the impression of all who were present at its de livery. For instance, he alluded to an insinuation of a sure reptilians decree, on which instead of disclaiming all belief of it, his Hon. and Learned' Friend had said, I gave no opinion upon this—l leave the House to judge for itself on the facts 1 have laid before it." Was it possible for any one to doubt the conviction of the Speaker, or the impression he wished to make on his hearers ?—( Hear!)--Ile admired the adroitness of his Hon. and Learned Friend, but as he was a man of a can did and honourable mind, he would disdain to shelter himself from such a charge under the garbled words of the statement. It was not the private or public character of the Lord Chan cellor they were engaged or called upon to trY...it was not his mental or moral capacity for his situation. Yet the whole course of the debate on the other side assumed that that was the real question. The Hon. and Learned Member for Nottingham (Mr. Denman), in speaking to the question before the House, thought tit to make allusion, as all his Hon. Friends had done, to that Noble and Learned Lord. According to him, he doubted and hesitated upon all questions of law ; but whenever a poll tical question came before him, his doubts vanished at once, and he rushed with fearful speed to a conclusion. In illus. tration of this, his Hon. and Learned Friend adduced the instance of the Queen—and eternally the Queen it ever was with his Hon. and Learned Friend, let the question be what it would.—(Hear, hear !)—Upon that occasion, he acted with be coining promptitude, and with false and corrupt motives.— ( Hear from the Opposition.)—Those cheers he took to re-affirm that doctrine—if so, it proved all lie was asking, viz, that his Hon. and Learned Friend meant to make a personal attack on the Lord Chancellor.—( Hear, hear! from the Ministerial Benches.)—Then, again, the same Honourable and Learned Member said, that in the Portsmouth Case, the Lord Chancellor made a, wrong decision eight years ago. Thus he first attacked his integrity, and then his ability to discharge the duties of his office, and thus it was, that throughout the debate in tone, topics, and in argument, every thing on the other side had been personal. It was urged, amongst other things, that the appointment of the Vice-Chancellor's Court had been a failure. By the documents on the table the business dispatched in that Court was prodigious. lf, therefore, that Court had not been created, the conse quence must have been that the whole of that business would not have been done. It was impossible the Lord Chancellor could do more than he did. For six months in the year he had to attend three days in the week to the laborious duties of hearing and deciding on Scotch appeals. After the conclusion of the Session of Parliament came on the Bankrupt Petitions, the accuracy and intelligence required in which was really astonishing. It was characterized by the late Sir S. Romilly as one of die most extraordinary displays of legal talent and legal acumen that had ever been witnessed. With respect to the Chief Baron of the Exchequer, from what feeling . his name had been introduced he would not attempt to divine; but it was certain that his absence had caused no inconvenience to his Court as there were no arrears. He sat there before last term, and was at that very day sitting in his Court, to the detriment of his private comfort and health in faVour of his public duty. But the way to view this question in its true light was to oi -1 amine what real foundation there was for that inquiry and re medy called for. It was called for on the ground of great in wereall arrears in all the Equity Courts. Now he denied that there n tl o i n es e, e Courts. In d win aidemiVueiced-Ctlareriecelwloerr'es hwvais.beaednmdititsepdostehderoetiwanerde in these none, .In the Court of Exchequer there were none, and it had also been admitted ; and in the office of the Master of the fe there ar, the Court of Chancery it appeared that in ten years 20,000 no ar rears. ,In the same period five or six thousand petitions had hear been heard, and in these there were no arrears. In the causes there watt exactly, one-tenth in arrears, and the 'louse would mark the conclusion from that fact, viz, :—That there was just one year in arrear, and no more. This was all the immense load of arrears, and with the exception of I the appeals -he defied any one to point out mord in any lof the Equity 'Courts. This being admitted, he asked if that VMS an uncommon arrear in any of the Courts at *Westminster- Hall. In the appeals it appeared 104 were arrear, die earliest of which was dated in 1619. In this department, therefore, there was no more than one year's arrear. Thus the only argument on which it was attempted to support the motion, fell to the ground. The motion was for inquiry, and it was incumbent on those who made it, to make out a case. This he conceived they had not done, and therefore he called on the House not to listen to the motion.—( Hear, hear !) Mr. Secretary CANNING assured the House it was not his intention to detain them many minutes longer, nor should he have intruded himself at all, the only unlearned man who had offered to take part in the debate, but for, the personal allusion to himself, made by the Hon. and Learned Gentleman who opened the discussion. He believed that the Right Hon. Gentleman in the Chair and himself were the only two persons who hind been present during the whole of the to the debate ; and be was quite wiping to hear Ins testimony character for talent of the English Bar, who out of a subject stedry in its nature, and so perplexing in the details, had con trived to make to interesting, and instructive a discussion as he had found it. The ques.ion was with reference to the arrears of the Court of Chancery and the appellant jurisdiction of the House of Lords, and on neither of those heads had a case been made out, as it appeared to him. He admitted the part he had taken in 1813, the period of the creation of the ice- Chancellor's Court, and although his prophecies had been ad verted to on that occasion, be could have no objection, for the public good, that they should be falsified. If substantial busi. ness had been done in that Court, pro toe°, the Bill h a d been answered. If not, the arrears of the Court of Chancery would skew it; whereas it appeared those arrears were reduced below what the imagination of man could have suppsed. But even supposing that it were otherwise, the argument against raising a certain superstructure was not good for its demolition when raised. If a man broke his leg .I , v tumbling out of a window, it would not cure him to throw him in again.—(A laugh.)—The view he took on the oc casion alluded to, therefore, availed nothing in this ques tion. Then us to the second point, the appellant jurisdic tion of the House of Lords, the introduction of that would lead him to his vote that night. The Lords were themselves engaged in a'scheme to remedy the evil complained of there, and it would neither be expedient nor proper for that Heuer! to enter upon the same course, before the result of the labours were(:)intl otittlirsot isthere arrears of the other House was known. He could not admit with his Hon. and Learned Friend. (the Solicitor-General), that there had been any studied unkindness evinced towards the Lord Chancellor on the part of Gentlemen opposite.. He thought much that meant no ill, but % Mel might have evil eonsequencee, had been inadvertently said, and he hoped the Howse would take care in its decision to clear itself from any idea of casting an iniputation upon the character of that Noble Personage.— Many things had undoubtedly been said, which would be caught up out of doors, and affixed as a stain on the talents and integrity of that Noble Lord. On this ground alone, be would not vote with the Hon. and Learned Member; even had lie no other ob jections. He would do nothing, and he hoped the House would suety there was no disposition on its part to cast any imputation, by the vote of that night, on the personal charact‘ r of that Noble and Learned Individual.--(Hear, hear!) Sir F. BLAKE said, that if the suitors of' the Chancery Court for the last 119 years were to have , the decision of' this question, the noes would stand no chance e and the ayes carry it by acclamation. After a lengthened reply from Mr. WILLIAMS, the House divided— For the Motion 89 174 Majority -85 The other Orders of the Day were then disposed of, and the house adjourned at HALF-PAST Two. Against it This clay being the Anniversary of the Birth of GE ()Roy; 1 7 17:11I0T, is observing with the usual marks of re spect to the memory of so excellent a citizen.- The boys of the Hospital founded by Mr; /I eriot (amounting in number to 181)', and those of Watson's Hospital, and the girls of the Merchants' and Trades' Hospitals, walked in procession, newly clothed, to the New Greyfriare Church, where the Lord Provost. Na. gistrates and other Governors attended. The , sermon was preached by the Rev. Pr. William Muir, Minister of the New Oreyfriars Church. The statue of the - founder of. the Hospital Is very tastefully decorated with flowers.--(Ediniltrgh Corr rent, June 2.) LITEIIARY NOTICE. The PROGRESRES and PUBLIC PROCESSIONS of QUEEN ELIZABETFI (see Advertisement this day). By JOHN Nlcrums, F.A.S. London, Edinburgh, and Perth. There has not, we believe, since the origin of Literature, been any writer more industrious to discover, and more solicitous to record, useful in formation than the venerable author of the pre sent work. Whatever has issued from his dili gent and fertile pen has tended to the advantage of mankind, in promoting science, or gratifying laudable curiosity. We are, therefore, glad to find that he has published a new edition of this inte resting and valuable work. It was much wanted, the first edition having become exceedingly scarce. We doubt not, therefore, that the new edition will prove acceptable to the public. The arrangement of the work has been, we under stand, a favourite amusement with its respectable editor for some years past. The volumes con tain, besides a Collection of Visits, Progresses, &c. a variety of Conceits, Devices, Poems. Songs, Speeches, Orations, &c. which accompanied the excursions, or were exhibited on other occasions. Among these, some are of a graver, some of a gayer sort ; some odd and humorous, some learned, witty, or instructive ; all marking a period at which men were emerging from the barbarity and ignorance wherein they had long been held both by the Church and State. The present edition has the benefit of a better ar rangement, and contains a great deal more matter than the preceding . one ; is well illustrated by plates, and has very copious indices. FOR. THE SUN. IWIT. EDITOR -- I bave this instant heard, from indisputable authority, that a fall has occurred in the French Fund , : that on the 4th, after the quotation of the day, the Rent( s evperienced a decline of nearly one per cent., viz. from S 9. 40. to 88. 50., and all the other Stocks were lower. I am not informed of the cause. Dover, 'June 5. • IRELAND. WIIITEROYML—About 12 o'clock 'on Fridny night, between thirty and forty seined insurgents attacked the house of Dr. Wood, of Coolgurisk, three miles to the north of Glanmire, from which they took away a blunderbuss, a sword, two guns, and two pistols. They then went to the. forge of Alderman Harding's smith, from which they took a sledge and hammer, and proceeded directly. to Alderman Harding's house. The iron gate being well fastened, they broke with the sledge a small door that communicates between the hag. gird and farm-yard, and entered the latter, in which Mr. Flaring's steward .occupies a house; they asked him for fire antis ; he declared to them that he had none ; but being dissatified with this assurance, they entered his house and made a diligent search, in which we are pleased to say they were disappointed. They departed, vowing vengeance on the police, without entering' Mr. Harding's lions?. having been truly informed by his steward that fire-arms were never dicta unless when the Alderman himself resided in the house. They next entered the house of a person of the name of Daly, who is an opulent tenant of Alderman Harding's, and is also tithe-ptoctor to the Rev. Dr &opfortl. They threatened Daly with destruction, if he should ever again collect tithes for any erion. We have been favoured with some a d d itional particu lrs relative to the conduct of the Insurgents, the night on which they attacked the Dr. Wood's house. There can be little doubt, from the exact coincidence of description, that their leader was the person who appeared in a similar character about a month ago; he wore on the present occasion, as he then did, a blue surtout with a silk sash around his waist, and a cap and plume on his head. His orders to those persons who ac companied him, were at4thoritativc and peremptory. One of the ruffians pointed out some articles of plate, and asked whether " they might not' be taken," but the leader sternly Lieutenant, and who was also . replied that nothing should be taken but arms; on one o w e i c i as ite io b n an l: ro o i r i d n e d nli the a hat, to distinguished by a surtout and prevent t n t 1.1 1 1: men ga" fromthe title e in o g f into some irregularity; on another occasian he threatened to fire on them if they persisted in disobeying; his orders : altogether, the conduct of the party • evinced ' a degree of discipline, and •we may -add, a system of organization, which distinctly indicates that there• is something of intelligence directing the proceedings of the iacendaries ; and which, at the wane tune, calls loudly on the loyal and Well-affected to increase their exertions and assist' in subduing this disgraceful and de. struc:ive systern.--(Cork Advertiser, Jose 3.) A LIST OF THE MAJORITY Who voted against the Vote of Censure on the Lord Advocate of Scotland for his Conduct to Mr. M. Borthwick.—Junc-3. 3 4 J A'Court, E. 11. Drummond, H. Monteith, 11. ,- • • Apsley, Lord • . Drummond, J. Montgomery, J. Arbuthnot,ltt Hon. Drake, T. T. Nigh tingall, Sir 31. C. Ellis, C. R. Nolan, Al. Baker, E. Fitzgerald,ltt.Hon. O'Grady, Standish Bankes, Henry W. V. Osborne, Sir J. Dame, M. Forbes, C. Oxm ' antown Lord Bentinck, Lord F. Fox, U. Lane Palmerston, Loral ~ Beresford, Sir .1. P. Fremantle, W. Paxton, W. G. • Binning, Lord Gifford, Sir R. • Peel, Rt. Hon. B. Blair, J. Gilbert, D. 0. Phillimore, J. Bridges, G. . Gordon, lion. W. Plunk et t, Rt. lion. Brogden, J. Goulburn,RtHnll. •W. ! Browne,ltt.ilon.D. Grant, G. Al. Rice, lion. O. Browne; J. - Grant; Colonel Robinson,ltt Hn.F. Bruce, Robert Hardinge, Sir H. Itose,ltt.ilon.SirG. Blackburne, J. Holmes, W. Ross, C. Burgh, Sir U. Hope, Sir W. J. Ryder,lßt. lion. R. Campbell, A. Iluskisson,Rt.Hon. Shaw, Sir R. Canning, Itt.lin.G. W. Smyth, W. Cheere, E. 111. Berries, J. C. Somerset, Lord 0. . Cholmeley, Sir M. Innes, John Strutt, J. H. ..; Clerk, Sir G. Jones, John 'r Clive, lien. King, Hon. IT. "Il7i.s n s s , hcr i -117 , 7 7 . IT- .) Coekerll, Sir C. Knox, lion. T. Thomp,,,, .... . 1 , - - ..r Copley, Sir J. S. Lewis, T. F. ViViall, .'-: ~ . . I Courtenay, T. P. Lindsay, Hon. IL Wallace, .1 : i ::..t. Cranborne, Vint. * Lindsay, Lord . 'Warren, t Cumming. (ho. Long, It t.lln. Sir C. Wevuy si . .1. Curteis, E.J. Lowther, 3. Wilmot, R. J. 11. Cust, lion. E. Lowther, .1. 11. Wilson, W. W. C. Deerhurst, Viset. Lowther, Vise. Wynne, C. Dawson, G. It. 31acnaughten,E.A. Don, Sir A. Manners, Lord C. TELLERS. Douglas, J. Mansfield, J. Duntlas,llt.Hrt.W. Douglas, W. K. Martin, It. Lushington, S. R. Downie, R. Martin, Sir T. B. The Reuson why Ladies are excluded from the Gallery of the House of Commons.--A bill being under discussion, which greatly affected the inte rests of a noble family of hill and extensive connexions, the galleries were daily crowded with the female relatives of the party, most of them, as may be easily imagined, in full posses sion of the highest possible attractions, as ,youth, beauty, wit, &c. &c. Upon which a member g ot up and begged to put the question to the Speakr, whether the credit and character of the house did not most peremptorily require that, in all their deliberations, they should be free from any undue or extraordinary influence, and whether any of that honourable house could cast their eyes up to the galleries, and say that they were so at that moments? Be should therefore move, that that bevy of beauties should immediately retire. The ladies obeyed, and have never been admitted since in the same manner.