The Sun. — London, England, 1823-07-01 00:00:00

r ;'• r^..~, , jot \ . ;a4n ; 1.14 /'' • • • 10 j(g. 1" . • . 0 4 4 / • • „ • 4 44 - . _ • - ; • I , 1 1 . . 'll4 . UN. NUMBER 9626. TUESDAY, JULY 1, 1823. PRICE SEVENI'ENCE. EAST INDIA HOUSE, June 28, 1823. 91HE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG. LAND TRADING to the EAST INDIES, do hereby give Notice, ROYAL ACADEMY, SOMERSET PLACE. THE EXHIBITION Of the ROYAL ACA DEMY is NOW OPEN. lemnized in the house oethe Ambassador= but it having hap- paled that the factory at St. Petersburgh had been put an end to, the question had arisen whether marriages made there, not according to the laws of Russia, were valid in this country. It was, therefore, with a view to that particular difficulty that the present Bill was brought in. Ile should have no objection to a generalweasure, if it were thought necessary, 'for allay ing any douhtssas to the validity of marriages made in foreign countries. The Earl 61LAUDVIlDALE said there was no .doubt as to the law regarding marriages made in foreign countries ac cording to the laws of those countries, but the doubt was as to marriages made in British factories abroad, or in the chapels of Ambassadors; anti respecting these there ought not to exist anydoubt, since a short Bill might be passed on the subject during the present Session. The LORD CHANCELLOR said, that for the 50 years that he had been in the profession of the law, he never heard of any doubt till the late Bills were brought in, whether: marriages performed in the chapels of oar Ambassadors abroad were valid marriages. There was no doubt that they Were good marriages, andhe was persuaded that no contrary opinion would ever be delivered, sanctioned by judicial authority. There were never, he believed, any doubts.as to the marriages solemnized abroad according to thli _tarok , and eare,„. monies of . 7 the respective countries. 4 : 'The Bill then Went through the Connaiitue,. and was re ported without anv amendments. Lord HOLLAND then gave notice, that he would shortly introduce a Bill for the,purpose of setting at rest all doubts on the subject of such marriages. PENSION TO LORD ST. VINCENT. . , Chancellor, and that of the Speaker of the ,House of Lordi, from being ever vested again in the same person ;!tutti trebther was to abstract from . the Lord Chancellor part ,of Lthe'scluty which he was now in the habit of performing, With regard to' " the first of these projects, he would assert, now at the close"of his official life, that winch he would not have ventured to agiett so positively at its commencement—that he had never knowtt.. any man in the tirofession who had not deprecated the separst. tion of the two , offices of Lord Chancellor and Speaker of . e i , House of ALortilii, Against that project, therefore, he oppose; not merelyhis Own individual opinion, but also the oollettYte' t wisdom of an acute and intelligent profession. With regard to the second, it became necessary to conaider what part of !fate business of his Court they would take ftom the individual fill* the office of t,ord Chancellor. He believed that it was propPsed to take away one of these three divisions of its busines.. lunacy, the appellate jurisdiction, and bankruptcy. He would begin with the last of these first ; he had understood that it was the opinion of some distinguished characters now no more, and for whom he felt the most profottnd respect. that the hank ruptcy business at least ought to be abstracted from the Lord Chancellor. From that opinion he dissented most widely; and to any attempt to carry such a scheme into execution, he, for one, would always say no. The Learned Lord then stated his reasons for this desient, and afterwards proceeded to remark upon the appellate. ttrisdiction, but in so low a tone of voice is trot to be audible be low the bar. With regard to lunacy In which there was an appeal from the decisienE of the Lord Chancellor to the Privy Council, and in which he was sorry to say that of late years there had been a great increase of business, be was of opinion that nobody who was acquainted with the subject would wish to remove it from the ,jurisdiction to which It belOnged at present. These were the principal observations he had to roam to their Lordships on the question. He hoped that in making them he had not said any thing that was personally offensive to any Noble Lord—he could assure their Lordships that such had not'been his intention ; but it was impossible for him al ways to remain silent, when he was taunted about his doubts and hesitations.-:-.(Hear ll Earl GROSVENOR rose to explain. Ile had never im puted, nor intended to impute, to the Noble and Learned Lord; want of acquaintance with the law of the land. His great and unrivalled knowledge of it was so generally felt and so universally acknowledged, that it would be quite absurd in any man to deny it. With regard to the doubts and hesita tions of the Noble and Learned Lord, which upon a former oc casion the Noble and Learned Lord had admitted with the ut most good humour, he must observe that he had never doubted that they arose from the Learned Lord's conscientious anxiety to do equal justice to all parties. If, however, those doubts and hesitations led to greater delays in a court which was al. ready proverbial for its dilatory proceedings,' he could not help considering that to be an unfortunate circumstance, not only for the suitors in it,,but also for the country at large. The Earl of ABERDEEN, after complimenting the Lo rd Chancellor upon his profound knowledge of the law of Eng land and his unwearied patience in administering it, wetted" ed to vindicate the law of Scotland from the reflections which the Learned Lord had cast upon it. It was not a rude and barbarous system of law, buy. system founded on the wis dom of the most civilized nation oT antiquity—a system received by most of the nations of Europe, and one which required qpite as much research, talent, and ingenuity, as that perfection of human reason, the law of England, The number of Appeals from Scotland had increased very much of late years ; anti a circumstance had occurred within the last year which he thought was likely to increase it even still more, In the year 1704 a case had been tried by the Court of Session, 'and after it had been argued by the most able men at the bar, had been unanimously decided by the Judges of that day. The judgment was not disturbed till the year 1810. The case was then reheard by the Court of'Seiision t and again the Judges came unanimously to the same decision as be fore. An appeal was presented to this House, and, strange as it Might appear, it was however not less true, that by its authority the una nimous decisions of the Court of Session on two different occasions were rescinded. After colt endieia that the knowledge of such an vent would encourage those who felt themselves aggrieVed by any judgment of the Seritch Courts to. appeal to their Lordships, he proceeded to object " any attempt to separate the office of the Speaker of the , louse of Lords from that of Lord Chancellor. Ile objected so it on two grounds i—the first, that it would tend to bring the House into contempt With the public f . wail the setinti, that it would increase the evil which it was interaled to check. The only remedy . which suggested itself' to him,.*as to remove the appellate jurisdiction with resoralt tie Scothctti tram their Lord:. shin's louse altogether. The Noble anti L e arned Lord (Elde n ) seemed to approve or triis remedy, if it were not, as he stated, . objectionable on the: ground of its being contrary to the con.. stitution of the House: and the Noble and Learned Lord added that their Lordships had no right to disencumber themselyei of that duty. Now he (Lord Aberdeen) would maintain, that their Lordships had the right to remove that duty from themselves if they so pleased. The Noble Lord . then went into a 'series of arguments to prove that this right was in their Lordships ; and i amongst others he urged that n the Act of Union with S4t land, there was no mention whatever of the right of appeal . to their Lordships' Howie. That right he therefore contended might now be refused without injustice. Admission (from Eight o'Clock tilt Seven), Is. Catalogue, ts. HENRY HOWARD. R.A. Sec. itoTvEttoilm AND LONDON s rE.Am PACKET. THE Public are respectfully informed the KING OF THE NETHERLANDS, Captain N. B. BULL, has resumed her Station for the conveyance of Pas sengers, Carriages, and Luggage and will proceed from off the Custom - house for It&rt ' E RDAM, on SATURDAY MORNING NEXT, at Eight o'Clock, and on each sweeding Saturday from the same place, returning from Rotterdam every Wednesday morning. This beautiful vessel is elegantly fitted up for the convenience end comfort of Passengers, and bas prirate Cabins for Families and Parties. For further particulars and to secure places, application to be made at the General Packet Office, 057,Strand t No. 12, Regent-street, Pall-Mall, or to N. W. Symonds, 37. Crotched: Friars. That, in conformity with the By Law, Cap: 1, Sec 4, a SPECIAL GENERAL COURT of the said 'Company will be held at their House in Leadenhall-street on WEDNES DAY NEXT, the 2d July, at Eleven o'Clock in the forenoon, to whose consideration will be submitted the Draft of a Bill sow pending in Parliament, founded upon the Resolutions of the General Court of the 14th May, and the 10th, and 13th Instant, entitled, "a Bill for defraying the expense of " Half Pay, Pensions, and other Allowances on account of •" His Majesty's Forces serving in India; for regulating the " Pensions payable in certain cases to the Bishop, Archdea " cons, and Judges in India; and for establishing a Court " of -Judicature at Bombay. T ILE QUARTERLY REVIEW, No WILL BE PUBLISHED on . !aINITRDAY, the sth of July. Printed for JOHN sitmr.AY. Albemarle-street. JOSEPH DART, Secretary. ADPI(4SS 1 0 THE iIISHOP OF Ci.).-Lcurrit. This Day was published, price is.. THE - VALEDICTORY . ADDRESS of the SOCIETY for PROMOTING CHRITIAN KNOW LEDGE, delivered by the Lord Bishop of BRISTOL, at a Special General Meeting of the Society, June 13th, 1833, to the Lord Bishop of CALCUTTA. preciously to his Depar ture for India : together with his Lordship's Reply. Sold by C. and J. Rirington, Booksellers to the Society for Promoting Christian .Knowledge, St. Paul's Church-yaid, and Waterloo-place, Pall-mall. EAST INDIA HOUSE, June 25, 1823. THE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give The Earl of LIVERPOOL moved the consideration of his Majesty's mostracious Message, as communicated to their LLordships on Fri day last. The Ising's Message was then read from the Woolsack, as follows : " GEORGE R. Notice, That the COURT will be ready to receive PROPOSALS in writing on or before WEDNESDAY, the 23d of July next, from the Owners of such SHIPS, of the Burden of about 95Q Tons, and also of 1400 Tons and upwards, Builder's mea surement, as have performed their contracted number of Six Voyages in the Company's regular Service, specifying the Rate of Freight at which they may be willing to LET such SHIPS for THREE ADDITIONAL VOYAGES. • The 'renders, with the words " Ship Tender" on the Cover, to be severally sealed up and left with the Secretary, at or before Twelve o'Clock at. Noon, on the said Wednesday, the 43d of July next, beyond which hour the Court will not re ceive any Tender. Just {►ublisbed, By R. ACKERMANN. 101, Strand, "TINTS on ORNAMENTAL GARDEN ING : consisting of Twenty.e , ght Coloured Designs for Garden-buildings. useful and decorative; accompanied by Observations on the Principles and Theory of Rural Ito provement. By B. PAPNVORTI - 1, Author of "Rural Residences." " His Majesty, taking notice of an Act of Parliament, which has made provision for extending to the Viscount St. Vincent an annuity granted to the late Earl of St. Vincent, and the heirs male of his body, and being desirous that a pension granted to the said Earl by the Parliament of Ireland, should be ex tended in like manner to the Viscount St. Vincent, recommends this object' to the consideration of the House of Lords." The - Earl of LIVERPOOL was persuaded that little more remained for him, in pursuance of the gracious Mess ag e j ust read to their Lordships than to move that an humble an d duti ful Address be presented to his Majesty, assuring the So. vereign that the House of Lords would cheerfully comply with the request conveyed in the Royal Message. It was not, he should observe, now intended to create a new pension ; for it should be recalled to the recollection of their Lordships that his late Majesty had, before the Union with Ireland, been in the habit of recommending fit rewards for the services of dis. tinguished individuals, by pensions from both countries. This was particularly the case as regarding the late Admirals Vis. count Duncan, and the Earl of St. Vincent; the latter in consequence of the King's Message to the Parliaments of Eng. land and of Ireland, were honoured with pensions of 20001. per annum each from England, and 1000/. from Ireland.— It so occurred that the Earl St. Vincent bad no son, and, there • fore, in the year IBA it was recommended to Pa rliament to at. tech this meritorious grant to his nephew, now Viscount St. Vincent but this recommendation did not take into its con templation the annuity from Ireland, as an union of the county tries had taken place. The object of this application was merely to enable his Majesty to do that only which was intended at first. He entertained no manner of doubt that, under such circumstances and repreientations, their Lordships would feel disposed to act with that spirit of liberality so properly recom mended in his Majesty's Meesage. The Marquie of LANSDOWN, in seconding the motion, bore his testimpny, from 'the best of his recollection, to the state ' ment made by the Noble Earl. It was true, certainly, that Parliament had not, in 1806, been called on to renew the pen sion as it respected Ireland ; but hie own impression was, that had Parliament been applied to at that period, the extension would have been agreed to. The motion wits 2groed to InanirndlislY, and the Marcell wax ordered to be presented t 9 his 51k esty horde with white staves. Bro. price IL, 11$, dud. Also, A SERIES, coutaining 44 Coloured Engravings at Fashionable Furniture, consisting of Beds, Sofas, Ottomans , Window Curtains, Chaih r Tables, Boulr•cases, &c. dewy 4to. half-hound, 21: otios . p sToniEs ; Collected with a. particular View to counteract the vulgar Belief in Ghosts and Apparitions, and to promote a rational Estimate—of the Nature of Phenomena commonly considered as supernatirral. Illustrated with Six Coloured Engravings. pp. 300, price 85, THE WORLD IN MINIATURE. CHINA, in 2 vols. price t2s. forming the Bth Division. Those already published , are as follow ILLYRIA and. DALMATIA, 2 vols. 92 coloured Plates,. price 125.. , WESTERN AFRICA, 4 vols.. 47 coloured Plates, price 41s. TURKEY, 6 vols. 73 coloured Plates, price 425. HINDOOSTAN; C0100 . ..ed Plates, price 48s. JOSEPH DART, Secretary. The Particulars of the Terms and Conditions under which the Ships will be engaged for the Company's Srrrice, may be had upon application at the Office of the Clerk to the Cam mittcc of Shipping, on or after Monday next, the 30th inst. EAST INDIA HOUSE, June 25, MS. I" HE COURT of DIRECTORS of the UNITED COMPANY of MERCHANTS of ENG LAND TRADING to the EAST INDIES, do hereby give PF.RSIA, 3 cols. 80 colOured Plates, price 161. 6d. RUSSIA, (vols. ,72 coloured Plates, price 325. AUSTRIA, 2 vols. 30 coloured Plates, price 12s. The 9th Division, JAPAN, in I vol. will be ready Aug. I. Notice, That the COURT will be ready to receive PROPOSALS in writing, on or before WEDNESDAY, the 23d July next, from the Owners of. SHIPS of the Burthen of 1200 Tons and upwards, Builder's measurement, spem.ifying the Rate of treight at which they may be willing to LET such SHIPS fur ONE VOYAGE, to and from CHINA, in the Company's Service. REPOSITORY OF AR'rs. No. VII. Third Series, price 45.; containing Two Coloured Views of Tabley, the Seat of Sir J. Leicester, Bart.; One. Coloured Plate of Fnrnitnre, Two elegant Figures of Ladies' Fashions, and One Plain Print ; and • nearly 70 pages of Let ter-press. ILLUSTRATED BOOKS, OLD PLAYS. FISHING, &c. TO BE SOLD BY AucTiori. The Court further give Notice, that they will be ready to receive PROPOSALS in writing, on or before WED NESDAY, the 28d July next, from the Owners of siIIPS of from 800 to 1000 Tons, Builder's measurement, which have perforated their contracted number of . Six or Seven Voyages, specifying the Rate of Freight at which they may be willing to LET Such SHIPS for ONE ADDITIONAL VOYAGE in the Company's Service. _ . By Mr SOT 11 EAT; ht his House, WELL.INGTON.STREET, ‘VATEII.I.O..) : I3RIDO E s STItAND, on FRIDAY. July 4, - - and Three following Days (Sunday excepted), at Twelve o'Cloet, THE 'Veinal)le awl Elegant LIBRARY ;t4 a GENTLEMAN, including a curious Collection' of Woks on Angling, and other Sports; together with a few very.rare Old Plays, and several highly Illustrated Works, Among which are, in F01i0. , -Dugdale's Warwickshire, russia, 1656—Dugdale's St. Paul's, by Maynard, large paper—Holy Bible, by Jugge, fine copy—Mont taucon Antiquil s Expliqu6es, 15 tom. very fine impressions of,tlie plates, large paper—Montrattrnit's Antiquities, by Humphreys. 7 vol. large paper—Houbraken's •Helids—Wilkins's Magna Gracia. . _ The Tenders, with the words "Ship Tender" on the cover, to be severally sealed up and left with the Secretary,. at or before Twelve o'Clock at Noon, on the said Wednesday, the 23d July next, beyond which hour the Court will not re ceive any Tender. JOSEPH DART, Secretary. The Particulars of the Terms and Conditions upon which the Ships will be respectively engaged for the Company's Ser vice, may be had upon application at the Otlice of the Clerk ♦o the Committee of Shipping, on or after Monday next,' the 30th instant. WEST INDIA DOCK COMPANY. THE COURT of DIRECTORS of the WEST INDIA DOCK COMPANY do hereby give No tice, that a HALF YEARLY GENERAL COURT will be held, pursuant tnthe Act of Parliament, at the West India Dock House, No. 8, Miter-square, on TUESDAY, the Bth ,dny of July next, at One o'Clock in the Afternoon, for the istirpose of CHOOSING and APPOINTING SIX DIREC TORS of the said COMPANY, to succeed those going out in vatation, one of about must be a Member of the Common Council of London, in the room of Joseph Welch, Esq. de ceased, at which Meeting a Dividend will be declared for the Half year ending the Both instant. By Order of the Court, H. LONGLANDS, Sec. West:lndia Dock House, June _l7, 1848. The Choir will be taken u 1 Two o'Clack precisely. LAW LIFE ASSURANCE SOCIETY. Established for the purpose of granting ASSURANCES upon LIVES and SURVIVORSHIPS. OFFICE--No. 58, LINCOLN'S INN FIELDS. ASSURANCES are effected •by this Society upon the Lives of all Persons, whether io the Army, Navy, Church, Law, or other ranks of Life. • The Capital of the Society is One Million Sterling. Additions to the Sums specified in the Policies of Persons assuring for the whole term of Life will be periodically made, in larger proportion to the Surplus Funds of the Society 'than can be (Attained in any other Office having a Subscribed .Capital. The Assured will have the power to elect annually, after the 84th of Juno, 1826, Two of the Four Auditors. Every person not being able to continue the payment of his Premiums. may either sell his Policy is the Society, who will purchase the same, or in lieu thereof may receive an• other Policy payable at his Decease; and be will not be re quired to make any annual or other payments fur such New Volley. Parties assured in this Office are at liberty to pay the Pre miums •by one payment, by payments for a limited number of years, or by continuing annual payments, at their own opt ton. Forfeited Policies may be revived at any period within six months after their forfeitures, on payment of a fine, to he fixed by the hoard of Directors. not exceeding los. per cent. on o e ;mat sum assured; or the Policies may be reviv e d , a t ad) , period within Thirteen Months, on the payment of such filly as alluard of Directors may think reasonable. This 01ficedoes not require any extra premium from Per sons engaged in the Army or , Navy, unless when Called•into actual service. Entrance money is not required, nor is any charge made fur Policies beyond the cost of the stamp. Attendance is given daily at the Office, No. 68, Lincoln's Inn-fields, from Ten till Four o'Clock, where the Terits of Asturance - may be hail, Proposals for effecting Policies re. ceived; and every Information respecting the Society ob. taitied: • • The Board Days are out Tuesdays and Fridays, at Two &Clock.. JAMES ANDERTON, Secretary. Quarto—Lysons' Magna Britannia, with 600 prints and drawings, 10 vol.—Lysons' Environs of London, with 1100 Prints and drawings, ID vol.—Pennant's London, with 1300 prints and drawings, ti vol.—Cibber's Apology, with 74 por. Spenccriana, 3 vol. large paper —Dibdin's Ames, 4 vol. large paper—Rees' Cycloptedia, 45 vol. complete—Robertson's Historical Works, 3 vol. russia. Octavo—V;slpy's I)elpbin Classics, 36 vol.—Sporting Ma gazine, 54 vol.—Qu.rterly Review, cum plete—Scott's Novels, 13 vol.-- . -Granger and Noble's History of England, with above 2000 portiaits. 20 vol.—Chalmers' Biographical Dic tionary, witli:3oo. portraits, 64 vol.; and -many others of equal Value. N. B.—The whole of the Books are in the finest condition. Also,' a Capital Fowling-piece, by Lacy; a Day and Night Telescope, by Wilson; an excellent Compound Solar Micro scope, by Meredith, &e. To he Viewed, ,and Catalogues (price Is.) had at the Place of Sale. PARLIAMENT. HOUSE OF LORDS Jurre 30. On the motion of the Earl of LivEnroot., the Convicts' Employment, the Felonies' Repeal, the Sentence of Death, and , the Larcenies' Punishment Bills, were read a second time. A message from the Commons brought up . the Feb° de se, the Southwark Court of Requests, and other privste Bills. The Earl of SiIAITESKIRIi presented a Petition from the It habitants of the parish of St. °lave, against the London Bridge Bill, which was referred to the Committee on the Bill. The .Ilighland Roads' Bill went through a Committee, and was reported without amendments. MARRIAGES IN FOREIGN COUNTRIES. On the committal of the Marriages at St.Petersburgh Bill, Lord HOLLAND said, the present Bill had his entire con. currence ; but he regretted that it did not extend to foreign marriages—he alluded particularly to marriages contracted by British subjects, and solemnized in the chapels of our Mini sters abroad ; for, although no lawyer, he had no doubt of the validity of such marriages himself, yet many respectable per sons did entertain doubts on the subject; and though lawyers when applied to had given an opinion favourable to the vali. dity of such marriages, yet such opinion had always been clogged with the observation that there had been no decision on the subject. • He regretted that, during a Session in which so much of the law relating to marriages had been taken from the common law, and placed on the Statute Book, no statute nor clause, nor even dictum, had been uttered, for setting at rest this question of the legality of marriages solemnized in factories abroad, or in the chapels of our Ambassadors there. , The Marquis of lIANSDOWN concurred in opinion with his Noble Friend, of the necessity of some declaratory law on the subject of the marriages solemnized under the eircum• stances alluded to. Lord COLCHESTER was also desirous that another ses. sion should not pass without some measure being brought in for setting the question at rest. • The Earl of LIVERPOOL entirely agreed with what had fallen from the preceding speakers. At the time the present Bill was brought in, he had said the only objection which could be made against it was; that being con fi n e in its opera. tion to marriages solemnized at St. Petersburgh, it might give rise to doubts of the validity of other foreign marriages. He believed'it was a completely recognized principle of our laws, that marriages made in foreign countries, according to th e laws of those countries, are valid ; hut the present Bill had no re ference to that ease. There were two .ways in which mar riages might be regularly solemnized by British subjects abroad—they might either be made according to the laws oldie respective countries, or the parties might be married in the house of the Minister. So long as the factory at St. Peters. burgh existed, marriag es solemnized by the chaplain the r e were conceived to be of . tbe same efibet as if they bad been se, APPELLATE JultispwriON On the motion of the Earl of litvs:nrooL, the Scotch Com• mistioners of Inquiry Bill was read a second time, and order- , ed to be committed to.niorrnic. The Earl of LIVERPQOL Chen moved the first resolution. recommended by thaaeieeKommittee for Increasing the nuns, bet of days during which the Ilotiac would hear Appeals, from three days to five 'lays in the week. Earl GROSVENOR objected to the compulsory clause for enforcing the attendance of Peers,. and thought it would be not be procured. if this resolution were adopted, worth while to see first whether a voluntary attendance could it would lead to a singular anomaly, and p art of a cause m i g h t be heard by . three Peers, another part of th e cause b y t h ree ot h e r Peers, and the conclusion by three others, who bad heard perhaps little or nothing of the case, and the Deputy Speaker could only give his opinion. At present, the Hou se had the advantage of the opinion of the Noble and Learned Lord on the Woolsack, which, notwithstanding that habitual doubt' and hesitation which he had himself good humouredly ackmowledged to be. long to him, certainly swayed the opinion of Many Noble Lords, and besides, they had also the advantage of the Noble and Learned Earl's vote, which they could not have from the De puty Speaker. • Lord MANVERS hoped the House would pause before they adopted this resolution, for if agree d to without cation, it would come to this—that the House must sit during the summer. Lord ERSKINE thought that if the Bill which had been read the second time - that evening'•, p a ssed into a law, their Lordships would in a short time be under no difficulty at anon the subject of appeals, because h e was su re that if they appoint. ed proper Commissioners (of which he had no doubt) they Would have faithful and enlightened assistance from the Judges of the Court of Session, and from the eminent persons of the Scotch bar, anti the best effects might be anticipated. in his opinion, the great arrear arose froulhaving brought before th em points of fact and not points of law; but it never was intended that appeals front facts should occupy their Lordships' time. But it might be said what was to be done in the interun while the inquiry was going on by the Conmiluioners ? He would say, nothing should be done; they must 'go on as they could. The present seemed to be meant as a - preliminary step, and he for one never could consent to any change in the manner in which the House should exercise its jurisdiction. For his own part, he was ao well satisfied with the manner in w hi c h t h e j u . dicial business of the House was conducted by his Noble and Learned Friend on the 'Woolsack, assisted by another Noble and Learned Friend (Lord Retlesdale), that he professed he could see no remedy for the evil but impounding him in that house--(A laugh.)—lt was very true they mightlose the bene. fit of their services by death, but he . believed they . were too much men of honour, seeing their usefulness t to suffer any thing but death to cause the ileum a loss oC thew services. He might say that he (Lord Erskine) knew something of the law, but of Scotch law lie was as ignorant as a native of Mexico, and yet he was quite as learned in it as any one of their Lord ships who could be appointed Deputy Speaker, who could .but bring to his office a legal apprehension. For his own put, h e was above 70 year* of age, anti could not be compelled to take any part, and he ohould therefore, if theresolutions were adept cd, leave their Lordships to themselves. The LORD CHANCELLOR said, ,lie did not see because his Noble and Learned_Friend was above 70 years of age, that he should therefore have such an titter obliviousness of what was going on about him, that he should not assist in the busi ness of appeals in the House of Lords. Ile thought that in the case of any future Chancellor, the minister should make that attendance a condition of his pension. The Noble Lord (Gros - valor), in the plentitude of hisimowletige, might perhaps have no doubt on any point of English, Irish, or scotch law ; but when tile Noble lord took upon himself to taunt hint with hesitation and doubting, he would tell the Noble Lord, that when they were deciding causes in the last resort, and their decisions were to make the law to other Courts, they could not be too cautious in coining to those decisions. The time was fast approaching when his natural life must terminate, and for his judicial life, it had already been too long ; but when the ter. ruination bf his natural life did arrive, that degree of caution, which was called doubt and hesitation, would he his ,greatest comfort ; becituse by means of that he had reverted decrees, both of his own and other persons, and prevented, the injustice of A keeping possession of property which of ri g ht h e l ong e t i to R. If their Lordships would compare his conduct as a judge dor ing the 20 years which he had sat on the judicial heoch, with the conduct of any of his illostrious pretlecessors—tand lie did not (ear the.eornparoton ; on the contrary,'lleinviteditt—lie was. sure that the comparison would not turn out to his discredit.-.. (Hear 1)—On thataccount he could not but feel indignation when be heard the language in which his conduct had been arraigned in another place by those who ought to have known better-than to use it. It had been publicly asserted that appeals in the House Of Lords were nothing more than appeals from the Lord Chancellor in one place to the Lord Chancellor in another. He should like to know whether the persons who dealt in such assertions were aware that there were many appeals to their Lordships from the Chancery,in cases which had never been heard at all by the Lord Chancellor, but which had been decided by the Master of the Rolls or the Vice-Chancellor? For instance, the great case of " Clinton v. Cholinondely" was not an ap. peal from the Lord Chancellor ; and there were a great mini. bet of other appeal cases now . before their Lordships of a si. miler description. Besides this, he should, ike to know whe. ther gentlemen in We s t m i nster - hall had yet to learn that Lord Chancellors were not ashamed to retract their opinions, when they had reason to believe that those opinions were formed:upon erroneous grounds. He would undertake to say, that there was not one of the great and distinguished characters who had sat before him upon their Lordships' woolsack, that had ever shown the slightest reluctance to reverse his judgment, when it was shown to be i ncorrect ; anti he would fearlessly ask whether he himself had everaoibited any unwillingness to re. consider before their Lordships fifty of the decisions to which he might have previously come in another place.. -(Heat I)-.. lie could say most conscientiously that be never had; and foe that very reason the insinuations which hat] been thrown out against his judicial conduct were as cruel and vexatious as they were unfounded and unjust. He had never upon any occasion declined, on the contrary, he had made it Ins cond. nual practice to state at length the various grounds upon which he rested his decisions, in order that the bar might see, an d so be enabled to declare to their clients whether those de. cisions were correct or not ; and he defied any man to point out a single case where the correctness of them had been doubted, in which he had , not expressed his gratitude to the party who suggested the doubt. If persons acquainted with the practice of his Court had made upon his conduct those observations which had been made upon it by those who were totally unacquainted with ' it, he should indeed feel them acutely ; but he was happy to say that those observations did not proceed front those who had the best oppor. tunity of marking his conduct. They came front those who knew little or nothing of the subject—who scarcely ever put a foot into his court, and who were not therefore particularly well qualified to judge of its proceeding& lie would therefore add, that upon that very account, they were bound in eomtnon honesty to abstain from throwing out random insinuations, which were calculated to hurt, In the opinion of the Ring's sub. jects, an individual, who, if he was not a great judge—and he slid not venture to call himself a great judge—at least filled a great judicial situation. Having said thus much regarding the doubts anti hesitations with. which he had been taunted, he now came to the subject more' mmediately before their Lordship& The Bill then before the Nouse ought not to be considered with reference to the present Lord Chancellor, but all future Lord Chancellors : and it appeared to him, that however sedulou s ly they might attend to their jodicial duties in that House,—and he could assure their Lordships, that whether in office or out of office, he would always attend in his place whilst strength was left to him,—no reform that their Lordships might make in their own judicial regulations would effect much good, unless a very great change were at the same time made in those of the Court of Session. It was the happiness, and the peculiar hap. pine of the people of England, that they had a system of law, no matter how it had been constructed, and an administration of justice, superior to that of any other country. The division of the courts of law from the courts of equity was so ad. 'nimble, and at the same time so necessary to the adminis• tration of speedy justice, that until something like it were established in Scotland, it would be impossible for their Lord• ships to do enough, whatever alterations they might flake in their appellate jurisdiction. In making this observation, he did not mean to reflect either upon the learning or the judg ment of members of the Court of Session—by no nteanee. it was the system of. which he complained, not of those who administered it. So Involved and complicated was it, that it Will almtest impossible for any man who perused the different papers in a Scotch appeal to discover whet the point was, about which the parties were quaerelling. ' Here the Learned Lard entered into is description of the Manner in which the papers eta Scotch lawsuit increased in its different stages: firm front the summons to the Memorial ; then from the memorial to the answer in which a distinguished Scotch advocate had confess. ed to him, that it was them?ctic,o to insect any thing and every thing the-ply chose ; anti thin irom the answer down throug an the intermediate stages to the oceree s by wimp itien.q lc , papers were swollen to an immense mass, ' so large," said the Learned Lord, taking up a quantity of papers that were about fifteen inches thick, twelve long-, and six broad, " that if I were permitted by your Lordships' orders to ask the clerk at your table whether they are not twice the bulk of this, I am sure that he could not, on his oath, give me an answer in the ne. gative."—(llear! anti alaugh.)—Hii Lordship then proceeded to complain, that when the Judges in the Court of Sessitin gave their decision, they merely stated the nature of it, witli; , out explaining the reasons on which it was founded. Hence it happened that it was frequently not !satisfactory to the party ag ' ainst whom it was given ; and it was a fact that was undeniable, that appeals were often made from Scot land to their Lordships, in order to discover the reasons on which the judgment rested in the Courts below. He had once thought that the establishment of a court of error in Scot land, by calling in all the judges to review the case which had been decided by a portion of them, would tend much to dinti. nish the number of Scotch appeals. He had been since told that such was not likely to be the result of it. Indeed, one objection that had been made to it was the expence ; but he could not see how it applied, since at present an appeal could be made by reclaimin g p e tition f r om on e division of the Court of Session to another; and the only difference which his plan would have made would be, that the appeal would be to the whole Court instead of to a part of it. Ile had, however, abandoned that idea; and he now said to Noble Lords, with • regard to the plan contained in the Bill now before the House, " If it be not the best, have any of you any thing better to pro. pose ? If you have, propose it, and begone ; if you have not, examine whether this plan bei not better than your existing system."—(Hear, hear I)—He believed that one Nobl e Lo r d had suggested that it might be expedient to take away from their Lordships all Scotch appeals. if that could be done con. stitutionally, it might be well; but he was afraid that it could not be done, especially when he recollected what had paseed in the Scotch Parliament respecting the Remetle of Law. Ile had now been conversant in Scotch causes for 40 years : whilst at the bar belied been counsel in many of the most important of them ; whilst he was Chief Justice of the Counnon Pleas, lie had attended regularly when they came before the House : and lie thought that since he had been Chancellor, nobody could justly chare him with treating them with negligence (Hear, hear!}—Experienced as he was in them,. 'he would not only while hear. say that ti tl i t e a l t n th in e y th w at c" H i ote— his no a t t o te n n i ti ; l d n tiring the intervals when he was enabled to detach his thoughts from the cases he had heard elsewhere, but ale° during many a night which their Lordships hail devoted to much more interesting pursuita.—. With that experience to direct him, he again resit that the re. weds , for these numerous appeals must be administered in the Courts below In the first Instance, and in that House In the second. Without some such remedy, it would be quite linpos sible that those of them which happened to be in arrear could ever be overtaken. His Lordship then asked leave to offer a few observations to the House upon the Court of Chanc e ry, i n which he trusted that their Lordeldps would not so much oon. eider him as the individual presiding in that Court as an indi vidual Peer, declaring his opinion upon a point in which the whole nation was interested. He believed that it anti a gene rally admitted truth, that the greater attendance a Judge gave to causes, the more causes he had to attend to. Now, under the present increase of business in the Court of Chancery, it would be quite impossible for the Lord Chancellor, if he only attended to it three days in the week, to perform the duties of his situation in any manner at all adequate 'to their impor. tense. The question then was, what relief could their Lord. ships give to the individual who filled that distinguished office in the discharge of his twofold dutlee—lie meant those In Court of Chancery, and those in the House of_Lords, 'as its Speaker ? He belieVed that if the Constitution would Allow of it, the best thing that could be done, would be to' pre vent the Scotch causes front coming into the House of Lords at all ; but as he thought, that according to its constitution that could not be done, the next best thing for their Lordships to do, would be to try .the present espe.. riment.-,4lhar, hear, hear !)—Foi his- own part, he "thought it would fall ; but tin, on account of the great interests itrolved in it, it was only due to the country to try, it,r l (Hear hear!)--''he Learned Lard then alluded to the projeett which had been started 'for dividing the duties of the Lord - Chancellor. One of them was to prevent the office of Lord . Lord ELLENBOROUGII hire Suggested, that as- many of their Lordships might wish to express their opinions upon this question, and, a ft er what had fallen from the Learned Lord (Eldon), mig ht wish for further time for consideration, the pre:. sent might be the most convenient time for adjourning the debate. The Earl of LIVERPOOL said, if there should not he sufficient time for all the 'Noble Lords who wished to address- the House totleliver their opinions that night, he could have no objection to the kuljOurntitent, but for the present be thought it would be better to - go on. • Lord AIELVILLE contended, that the recomnientlation of their Lordships' Corontittee was not for an alteration or re-modelling the constitution of the House. That which :they recommended wag quite consistent' with the practice', of their Lordships. The same objection might be made to the .appointment of a Lord-keeper to :preside in the House, or to the temporary presidency of a Deputy Speaker in the absence 'of the Lord Chancellor, which Deputy Speaker their Lordships knew might be a Commoner. The clause which made it corn pulsory on Peen to attend to these appeals wires, he thougitt, a very proper one, and one which be cordially supported.; 'fly such means, there would be a certainty of having the htisiness dispatched. The Noble Lord then went on to contend, in ar— mee to the arguments of the Noble Lord who preceded him, that the people of Scotland possessed the right of appeal to their Lordships' House, sued that that right, though the 'name cat" their Lordships' House was not thelotioneti, was essentially re . Cognized by the Act of Orion with Scotland. The fact eats proved by the constant practice of Scotland in sending appeali . from that hour up to the resent hour, and the result of thi exercise of that right had given 'great satisfaction to the bench, the bar, and the whole population of Scotland. - Lord HOLLAND opposed the Resolutions, and objected to the project of the Noble Lord, that it began by imputing im. perfections to the constitution of, that House which did not exist, and faults to the individuals composing it of which they: e y course appointed y tha t the a couldNo were not guilty. The Noble Lord had admitted that t h ere , b were many objections to the proposed plan, but had as k e d ' them what they could propose that was better ? would to dreiawsektiete but t represented Noble and Learned Lord, whether' this was fair reason. tag? '!"hey • l e . ° e f a ; ra g a r'a e n d d those r grave v ijo e ni ti en ax t° oo ti l e ni :t li n e Committee b , N oble and a kn tai the House, and, instead of offering the best plan, presenting . an imperfect one, and asking vihat those who were dissatisfied with that plan were ready to substitute in its place'? 80),v/it'd the Noble Lord's cook had laid a hid dish on his Wile, and that his Lordship were to find fault with it, would it be a pro- per answer (on the part of the cook) to say--" I admit that the dish is not good, but can you cook a better one Logy this was the way in which the report of the Committee had been dished up,. Is great deal had been saiti_altenttheep., pointment of a Lord Keeper, and petting the seals In commis mon, to *hew that there were cases of neeeisity in which the principle of separating the Speaker af , the I!ou , e from the office of Lord Chancellor had b ee n acted upon. This reminded the AMMONIA* to virtual R e pr e sentation, by telling them places in England herself were hot hint of Dtirke's reply to those w ho attem p ted to reconcile that many important virtually represented. Burke's observation was—." , that they showed to the Americans the shameful parts of. the Constitution, in order to reconcile them to the abuse." t'CI `with 'respect to' Scotland,' wt's wantetl,to establish by rifts and perp etual law an entitlement which wasiteme, times imposed upon us by the el: gem of the ease. ile denied Met Scotland 114111 ever.foutirta,want of justice trt 'that House ; on the'Contrary,'the people of that country knew well that they would meet it there, free from party cabals and heal prejudices. And of all that he had heard from time to tirue uf