The Sun. — London, England, 1824-02-25 00:00:00

.....what would be the luckless state of the people of Eng if the office which took up all the abilities of such splendid endowment be, when that office descended, as in the coarse of nature it must, to inferior and therefore incapable kande ? The more the agent was extolled, he thought the system was depressed. From the apparent absence of all pressing business, there could not be a better time than tide for the appointment of trernefinittee of Inquiry. Ile knew the time was hot distant when the inquiry would be compelled if not now granted. But he also knew what he had to contend against. He knew how weak he must be after the failure of the most powerful and boldest man this country ever produced—he meant the Protector Cromwell. In a memorial of Rights which he made to the House early in his public career, lie re. pelted the necessity of a speedy reform being made in. the law, " the intricacy and delay of which," he said, " was a source of profit to particular men. but of expence and damage to the whole community." When in the zenith of his power he attempted to reform the Court of Chancery, at a time when lawyers were not so many, and when the Lard Chancellor was nut so powerful, yet he attempted in vain. This failure lie was said to have expressed somewhat in the following manner : h.-" I have met the King in the field and conquered him— the Church I have new modelled and cast as I please—the people of England I have quelled and still keep down s • but these lawyers, when I begin to meddle with them I fail, and am defeated."—(ll laugh.) -The Hon. Gentleman concluded by inuring, ‘.‘ That a Committee be appointed to inquire into the delays and expenses of the Court of Chancery, and the causes thereof." The motion having been Seconded, and put from the Chair, Mt. Secretary P BEL rose. It was unnecessary, he said, for him to preface the few observations he had to offer by . phoreming his total incompetency to enter into those details, into which the Hon. and Learned Gentleman had entered, his oh.al inability to do which must be, as notorious as it was clear that none but professional men_coidd., He should leave his and Learned Friends, who sat on :each side of him, the task of performing that duty, provid e d it should appear to them that it was a duty required at their hands. Wheth er or no they w ere p re p are d t o answer cases of which they had had no previous information; or satisfactorily to ac count for the delays, or state the causes of them in each par , titular case cited, he knew not ; but in his view of this important question, it was not at all necessary to enter into the minute details which had been brought forward.—(Cheers from the Opposition, returned from the Ministerial Benches.) eht least if it were necessary that these should be minutely examined, then the least that the House had a right to expect, was some previous intimation on the subject.—(Cheers.)—ln no other way could they hope to see justice done to the ques tion: But his sole reason for following the Hon. and Learned Gentleman on a subject of this nature was, that it had for some time received the attention .of his Majesty's Government, and he thought it due to the House that he should thus early state the view which they took of the matter. He assured .tie Noble Lord opposite, who had already in a very irregular 'manner interrupted him, that it was not within his competence to prevent him from delivering his opinion.—(Cheers.)—Pro. feseing, therefore, his intention of avoiding the legal details, he should p rocee d to the general consideration of the question. And he thought the House would admit that he fairly. stated the question betwixt it and the Hon. and Learned Gentleman who had delivered his discourse in a tone of so much ability .end moderation, when he stated it to be whether there were .delays in the ourt of Chancery ;if so, what was tie cause -or what prefatory inquiry should he entered into with the view of ascertaining.—(Hear, hear !)---The Hon. and Learned Gentleman had said, that it was the hale it of the House to de . dare upon this subject, in a tone of confidence and boldness that knew no parallel, that there were no delays and no griev ances. While he had been in th a t Ho use , lie must confess he had never heard such a denial. For the last twelve years, on the contrary, the attention of the House had been called to the subject, and remedies had been attempted. In 1813, when the Vice-Chancellor's Bill was brought in, and discussed, were the existence of delays denied ? Last year when the subject of the Appellant jurisdiction was looked into by the House was the sentence of delay denied ? He (Mr. Sec. Peel) then admitted - that he was not competent to deny those days. There were delays and grievances in that Court, and he admitted this with the less hesitation, as he was prepared to prove that it could not be imputed as matter of crimination to any one. He was Prepared to prove to the satisfaction of all who would grant /dm their attention, that the evils complained of had p r o cee d e d from the increase of business in the Court of Chancery, which no intellectual or physical strength could meet. If any man would compare the business of the Court of Chancery now with the quantity of business at a remoter period, viz. sixty or seventy years ago, he would find presumptive proof a priori that there must be an enormous increase. It was indeed im possible that the population of England, which had doubled since those times, should not have brought with it a great in crease of that nature. The same conclusion must present itself if they looked at the increase of property in the country. and particularly of funded property, which was peculiarly of that kind which led to an increase in Chancery business._ . The House would see then how this presumption was fortified by a reference to some details to which he_hoped for the same ..here of attention from the House as the Hon. and Learn ed Neiiiteer nail received, when detailing that which excited so much nierriment. fle would first begin by showing the number of orders for hearing Lunatic Petitions, during three periods. These statements were from undoubted autho rity, and Would be found appended to the Reports of Com mittees of that House. The House would be aware that this was a most important branch of business. During Lord Hardwicke's Chancellorship, from 1737 to 1746, there were 484 Orders on Lunatic Petitions. From 1801 to 1810, the same length of time, by Lord Eldon, there were 1,189, which was more than double; and from 1814 to 1823, the number of Orders had increased to 2,531, which was five times the number that were made by Lord Hardwicke in the same space of time. When, therefore, delays were imputed, and made the channel of a personal attack, which the whole tenour of the Hon. and Learned Gentleman's speech proved, especially that part where he detailed all the attendance to hear judgment—when this delay was made the subject of a personal attack, they were bound to look at the quantity of business in reality done.— (near 1)—It turned out then that in lunatic petitions alone five times as much had been done by Lord Eldon as by his prede cessor. Here then he was fortified in the statement lie had made, that the business of the Court of Chancery had consider ably increased. He would next ask the House to look at the Appeals to the House of Lords. These it would be found stood as follow : From 1750 to 1760 - - - 107 Appeals. 1760 to 1770 - - - 272 1891 to 1810 - - - 490 shewing an increase of more than double within the same space of time. The same result would still present itself were they to examine another department of the business of the Court of Chancery—lie meant the Commissions of Bankruptcy. Here they would find that from 1770 to 1790, there were 719 in each year. From 1790 to 1800, t h ere were 1 ,0 0 0 i n eac h year; and for the last 12 years, there had beet' 2,000 per ann., which was nearly 3 times as much as was done in the same space by the present Chancellor's predecessor. He had further proofs, however, of the increase of business in the Court, and the con eequent diligence of the Noble Lord now presiding. This he drew from a reference to the number of Bilk filed. In 1800, they would be found to be 1,445; in 1820-2;071 ; and in 1823- 2,327 ; she wing an increase of nearly double. There was a further criterion of this increase in the amount of property belonging to suitors in the Court, and to this he would also refer, and with the same success as to his original position. In 1740 the balances in the hands of the Accoantant of the Court amounted to 1,290,0001.—in 1820 they amounted to 34,000,0001. —(Hear !) He was perfectly aware that it might be said that this accutnu lation was a proof of the delays complained of; and it would certainly be a matter of difficulty to ascertain how much of this increase was to be attributed to the number of suits, and how much the effect of delay. He was prepared, however, to meet this objection, by drawing the attention of the House to the gradual but regular increase of the amount of these balances. For this purpose he should present to the House accounts in distinct periods of twenty years, and it would be seen that the sum had invariably doubled itself in every 20 years. In 1740 it was 1,200,0001. In 1761) the amount was 3,000,0001. In 1780 it would be found more than doubled—it was then seven millions ; and with these periods it would be observed the pre sent Chancellor had nothing to do. Then from 1780 to 1800, when the total was found to be seventeen millions ; and lastly; in 1820, when it was thirty-four millions.—(Hear, hear !) These were convincing proofs that whatever was the cause, there was an enormous increase which it was beyond the power of human strength to meet. The five criteria which he had produced rendered it impossible to resist the overwhelm. ing proof that the general business of the Court of Chancery had increased in a five-fold ratio. When, therefore delay was imputed to the Noble Lord at the head of that Court, the quantity of business lie had to perform ought to be taken into account.—( Hear, hear, hear !)—When lie considered the manifold, important duties attached to the office of that Noble Lord. he hoped it would not be imputed to the preju dices or partiality of friendship if he said that he was astonish ed at the human ability and strength which he displayed in discharging so much of those duties as he did. When they lookal at the rate of two thousand bankruptcy commissions per annum, issued during the last ten years, and the thousands of lunatic petitions, the only question for the House was, whe ther it was possible for human p owers to d o more. Let them judge of the nature of his attendance in the House of Lords, from what two cases only had demanded from him. He alluded to the Berkeley and Roxbugh cases. A Committee of Privileges hsd sat upon one from the hours of ten to four—in all 3-1 days ! The Roxburgh had occupied 26 days; and 44 in the Peerage —thus 70 in the whole. In what way th en , h e as k e d , was his. Noble Friend to go through duties of such a nature as these ? If he did his duty to the House of Lords, was it surprising that there should be some small delays in the Court of Chancery ? Upon the evidence of a most respectable Gentleman, Mr. Cooper, it ap peered that one Counsel in the Roxburgh cause, and he begged to say that in a question of time it was necessary to apportion even the labours of Couneel.—(flear from the Opposition side.)- e -He hoped he should not find himself in the same perplexity as Oliver Cromwell, in meddling with lawyers; but he again said that it was necessary to proceed in the way he was pro ceeding, when iCenisuse of time was charged. Now as to the time occupied by one counsel, it was 18—minutes some would say—hours, those who were uncontionable ; but he stated what was on record, only eighteen days, had been consumed by one Learned Member of the profession.—( Laughter. )—lf there was any mistake, it was not his ; it would be found in evidence before a Committee appointed in 1810. He thought then he might fairly assume, that what he had stated was a complete vindication of the Lord Chancellor, as far as delays were imputed to his neglect. It was impossible that any abili. ties or constitution, however strong, could do more.—(Hear, hear;!)—He was proceeding, step by step, and he was al ways glad in the course of his argument to receive in timation of assent or dissent; and if Honourable Gentle neen opposite admitted to him that he had famished a vin dication for the Noble Lord, he (Mr. Secretary Peel) would admit to them that it was impossible to deny that the time was come when the whole subject must undergo complete investi gation.—(Cheers.)--The house would perhaps recollect that last year the House of Lords had appointed a Committee on the subject of the appellant jurisdiction, and that Committee came to the same conclusion as he had just expressed. In their Re port they observed that, " it is manifestly impossible that any person holding the Great Seal, can find time for the business of the Court of Chancery and the House of Lords, and all the other great and arduous duties of his high office." They recorded in this report the separation of the Scotch causes from the office, and the labours of the new appointment for that purpose had met with entire success, and given every satisfaction. In conclu sion, the report noticed the multiplicity of business in the Court ofChancery ; but beyond the advising the removal of the Lunatic Petitions end Bankruptcy business, professed their inability to indicate the remedy. All the orders of former Lord Chancel lors respecting the practing of the Court had been under the consideration of his Noble riend, the Lord Chancellor of Eng. land ; and he had also given advice to the Crown to appoint a Commission, under the Great Seal, to consider,of all the im portant subjects embraced by the Repot L—(Hear, hear, hear!) —This Commission, it was proposed, should inquire into pre cisely the same topics as proposed by the HQn. and Learned Gentleman himself, with the single exception of the union of the judicial and political character of the Lord Chancellor, a subject to which, in his opinion, neither a Committee of that House, nor a commission of the kind alluded to were altogether the best fitted for discussing. He was sure the Honourable and Learned Gentleman would not wish a question involving so important a change in the constitution of the country to be lightly dealt with. The Hon. and Learned Gentleman spoke of a decree of 90 folios, upon which he (Mr. Secretary Peel) was not prepared to deny that it would be better had 84 been struck out. He thought as a question of expence it was in every way desirable. The Hon. and Learned Gentleman also asked why the Accountant of the Court of Chancery should not publish a list of unclaimed dividends as the Bank of England did. As an unlearned man he (Mr. Secretary P.) saw no reason why this sort of publicity should not be given to funds of the kind ; and he certainly should support that view of the case unless he haard good arguments against it. lie thought the whole progress of the suit, from beginning to the end, ought to he examined, in order to see where delays were interposed by the Solicitor or C ounse l . —(H ear, hear !)—With respect to the removal of the Bankruptcy businesa from the Lord Chancellor, a branch which did not belong to the original constitution of his office, but had devolved upon hint by Act of Parliament, lie had already admitted that he had too much business, and had no difficulty in admitting that that ipestion would be fair matter for inquiry. Authorities the most competent would be appointed for the proposed enquiry. He should, perhaps, find great difficulty in persuading the Hon. and Learned Gen tleman opposite that the whole object of his speech was not to prevent his Committee from being appointed.--(Hear ! from Mr. Williams.)—He did, however, declare, that a Commission under the Great Seal was a mode of enquiry far better adapted to the subject than any Committee of that House. He would suppose that they would call in aid those great luminaries of the law who had retired from public life the Judges and others. retired . He would ask th e Ho use , with the aid. of such characters as r Lord fom t ß he ed d e i s s d ch al a e r ge and G rant, of their public uiewith bation, whether th e investigation was• not likely t 6 p rocee d w i t h t universal wh o up better success than in a Committee of that House, which could not have the benefit of such assistance. It was a Commission of such a nature, that the Lord Chancellor had advised his Majesty to appoint. But to appoint such a Committee as was proposed by the Hon. and Learned Gentleman, coupled with what had pawed upon a similar motion last year. would, in his opinion, have the appearance of criminating that Noble Lord; and if he divided alone, he would never consent to any course having that tendency towards an illustrious character who had administered justice in the highest Court in the realm for 22 years. He was then before them in his judicial, not his poli tical, capacity. His judicial conduct was above all praise.— He thought, and ever should that no individual who had ev er served the p u blic had beenmore the object of unmerited ob loquy and attack than the present Lord Chancellor. Charges had been brought against him which he could not notice. He was represented as a mad of enormous wealth, resisting every reform tending to reduce his profits. On his conscience he believed that nothing was more false than this. The profits of his office were the same as ever they had been, and was here any man in the country who believed that it would be advisable that the high office of Lord Chancellor should not" be splendidly endowed ? After all deductions, the profits of his office for the last three years had not been mote than twelve thousand pounds a year !—(Hear hear, hear !)__God forbid that money should b e t h e rule o fi official integrity but it was a miserable and petty policy to permit the of ce of Lord Chancellor to he divested of its emoluments. If the duties of Lord Eldon's office had ever increased so that he was unable to discharge them, he had always expressed a with that it should be defrayed out of his own emoluments. Half the expence of the Vice-Chancellor's appointment had been defrayed by him, and he had wished the , whole to be taken front him. When such base insinuations were promulgated against him these traits of character ought to be made known to the public, who had an interest in the reputation of public officers. He had splendidly endowed offices in his own gift out of his own pocket for the benefit of the public. A. new arrangement had been requisite in the office of the Se cretary of Bankruptcy, where too many holidays were allowed. Lord Eldon had ordered that attendance should be given every day; and it had never been known till that moment, lie believed, that the necessary endowment for thi s p ur po se came out of his own pocket.—(Hear !)—ln the space of 7 years that illustrious individual had paid 13,0001. out of the proceeds of his own pro fessional labour towards the reform of an office doing the duty of the public.—(Hear !)—This was instance enough, he hoped, to refute the charges against him. They had the respectable au thority of Sir Samuel Romilly, he was sorry to say, for asserting that the Noble Lord gave his attention particularly to Lunatic and Bankruptcy business because the profits were great. On the one score he received not a sixpence, although often obliged, from the urgency of the case, to give his immediate at tention to such matters. He had now been for many days en gaged upon a Bankruptcy Petition, on which he would receive a fee of twelve shillings and sixpence, and that was all. l f hesitation were sometimes vissible in his conduct, it was a failing on the , side of virtue, proceeding from an unwil lingness to pronouhce a decree which was to raise one party to affluence at the expence of total ruin to another. And surely for such a fault, if well founded, they would not allow an indi vidual, who had served the country for 22 years, endowed with such splendid qualifications and such unexampled in. tegrity to be harshly aspersed ; He trusted that his great talents and spotless integrity would weigh something in the scale. But when it was sliewn that the evils complained of were satis factorily accunted for by the frequent calls which were made for his attendance upon other duties than those of the Court of Chancery, there was no room for accusation. He (Mr. Secre tary Peel) had often had to call his attention off from the busi ness of the Court. When the Recorder presented his list to the King, the Lord Chancellor had to attend and advise the Sove reign upon every case. In one instance where there were 40 capital cases, he had only given him notice the day before. He had therefore but that short space to read through every case, and extract notes of them. Upon retiring from the busi ness of the Court of Chancery, he immediately applied him self to this arduous task, and continued at it till the next morning's sun rose, and found him so occupied.—(Hear, hear!) Was it possible le cast blame where a man was thus engaged in the various important duties of his station ? If the evils complained of proceeded from idleness, or the propensities of the individual, it might be different ; but when for 22 years he had denied himself every indulgence, abandoned the society of the world, it was impossible to do any thing but adMire the individual. He hoped no personal feeling would ever prevent that House from instituting inquiry into any subject ; but when he remembered h ow thi s mot i on was prefaced last year, he could not break the continuity of it with the present occasion ; and he was sure the public would unite the two. He, for one, therefore, could never consent to it ; and he implored the House not to do so, and if they did not, the country, he was satisfied, would confirm their decision. The people of this country were not ungrateful; and when they saw justice administered as it had been for 22 years, by a family whose name would illustrate the judicial records of the country in after-times as that ofSeott must do, if that House refused to cast a personal stigma, or the appearance of one on Lord Eldon, he sincerely believed the peo.. ple of this country generous enough to applaud the decision. (The Right Hon. Gentleman sat down amidst the unanimous cheers of the House.) Mr. ABERCROMBY congratulated his Hon. and Learned Friend on the success of his labours, although he could not congratulate the country on the-result of them without some qualification. That the country would believe they owed this success to his Honourable and Learned Friend, no one ,he . thought could doubt. They would cert a i n ly regar d it :is a capitulation at the opening of the second campaign. The attention of the Commissioners ought to be called to the effect of the Vice-Chancellor's appointment. The Vice- Chancellor had got through the business of his Court with scarcely any arrears, which induced him to believe that the difficulty was not so eeseat of finding a Chancellor competent to the labours of the office.. But the tact was, causes were heard before the Vice-Chancellor, and re-argued immediately before the Chancellor. The whole merit of the Commission would depend, in his opinion, on the composition of it, and the in. tentions of those who had the appointment of the Members. For his part he must say that lie had no great confidence in those who had the appointment of this Commission : for nothing that his Hon. and Learned Friend had advanced could be con sidered as a discovery on his part—it must all have been known to those who would have the appointment of this Commission. If the Lord Chancellor adopted the views of his defenders on the other side of the House in deeming this motion a personal attack upon himself, then he should say it was not in human nature that he could impartially appoint the Members. If it was his dearest friend, he should see he was the last man to have any hand in the appointment of the Members of such a Commission.—(Hear!)—He would not trust him ; and the pub. lic, he was sure, would not be satisfied. Mr. LOCKHART said, that as the Right Hon. Gentleman had agreed , to appoint a Commission, little was left for him to say. The House, however, by acquiescing in that proposition would nos part with the power they had still to discuss the mat ter, in case the report of the Commissioners should not prove satisfactory.—(Hear !)—He hoped that his Majesty's Commis sion for that of inquiry would soon be laid before the House, and he hoped likewise that the proceedings of the Commissioners would from time to time be made known to the House,—(Hear !) —and then, if the Hon. and Learned Gentleman was not satis fied, he would still have it in his power to renew his motion.—. 'He was of opinion that the House ought not to proceed any far ther with the question at resent;p and the only observation he wished to add was, that if even the /louse should deem it ne cessary to have a Committee, they would be considerably aided in their investigation by the valuable information that might be given them by the proposed Commission. Mr. BROUGHAM did not think the House need consider itself pledged to the prosecution of this motion. They would have full intelligence as to the appointment of the Commission, and of the object of its inquiry; anti if it should not approve of these, there was nothing that he knew of to prevent a re newal and re•diseussion . of his motion. He congratulated the House on the great talents displayed by the Honourable Member for Lincoln in bringing this subject before them, and on the practical result which had rewarded his labours. But for his exertions he thought there were few who would not doubt if it would have oc e red to the Lord Chancellor to call for that inquiry which wee now intended to take place. With respect to the mode of proceeding by Commission, he had less reason to object to it than another, as he had sug gested such a course on a former occasion. With respect to the Scotch Courts, every thing which depended on the choice of those who were to form that Commission, that the Lord Chancellor should take upon himself the trouble of nominating the Commissioners who were to enteron the pro posed inquiry —that he, whose frailty was indecision, as his friends admitted, to answer or avoitt other charges--that he should undertake to decide on the state of hie own Court, and be the judge of his conduct, was the most incomprehensible thing he could have imagined, was the greatest anomaly, and most inconsistent proceeding that could have been recommend sed. If the Commissioner s were t o b e so a pp o i nte d , h e would not say that nothing was to b e ex p eo t e d from them ; but this h e must say, that his hopes of them accomplishing the object in view were very moderate indeed. He had no hesitation in say ing, that but for the infusion of those persons who went from this country into the Commission for Inquiry into the state of the Scotch Courts , _ the report which it must ha ve produced would in all probability have been useless, or worse than use less. If the Commission now promised were to consist wholly of lawyers, it was a mockery to say that good could be ex pected from it ; for, with their habits, those forms and usages, which would appear to, others such as to call for immediate interference, would with them pass for matters of course.— As all abuses and all delays were not confined to Courts of Equity, he thought a similar Commission might be ad vantageously granted to institute a similar inquiry into the Common Courts of Law. At present, in many cases, it was for the interest of the parties sued to acquiesce in an unjust demand rather than stand to the consequences of legal proceedings, however good th e ir cas e might be. An in quiry into th e se Courts would th ere f ore b e likely to prove be neficial : and he hoped the House, viewing this subject as lie did, would think that they had better begin with the commis sion now intended to be granted than Gentlemen for the than end with it. Upon the whole, grateful to the Hono urable advantages already gained , and lie should be glad to see the inquiry proceed, „ n o compromise having been made on the s ; Part and of he the h e ou o rsee' but unfettered to watch its Ptogress, and act according to circum stances; loped the House remaining perfectly ped the Hon. and Learned Gentle man would, under the circu mstance, not take the sense of the House on his motion, but w a i t to see what would result from the Commission. t ntelii•f Mr. Secretary CANNING said, in the present state of the debate, le and after the rearned eco mmendation just given by t h e Ho nourab L -entleman to his Honourable and Learned Friend, it was not neceesary, nor was it his in tention to detain the Hous e more than a very few minutes. But after the speeches which had followed that of his Right Hon. Friend, on the proposed mode of conducting the inquiry, it seemed proper f or some Minister to rise, in order to satisfy the House, that it was the de termination, not only of the Noble Lord with whom the plan originated, but also of his Majesty's Government, that the inquiry should be made as seriously, as sincerely, and as efficaciously as possible. It was desirable not to trifle with the House, and he was sure an inquiry would not have been consented to at this time of day, had it not been the wish of Ministers that the subject should be pursued to a final, and, if possible, to a bene fi cial settlement. The objec tions urged against the present system were, first, the loss of time attendant on proceedings in Chancery ; secondly, the ex pence ; and thirdly, what was mo st i mportant of all, the great mass o f business required to be transacted by one high officer. The Commissioners were to inquire if these charges were well founded. In stating the question to be solved, he begged that he might not be understood to consider it as decided. Ile begged that he might not be supposed to assume the affirma tive. This only he undertook to advance, that it was the sin cere wish of the Government to have the whole subject fully investigated, and every thing in their power would be done to render the inquiry efficient, and the result most beneficial to the country. As to the composition of the Commission, though the elements of it were known, it was not easy to state individual names, as those who had been applied to might still hesitate about giving their aid to the undertaking. It would, however, be the object of Government to form the Commission so that to the eyes of the world it should distinctly appear that they would perform their duty without fear or favour, and with that knowledge of the subject which should satisfy the wishes of the House. The Hon. and Learned Gentleman had given it as his opinion that the Commission would be more efficient if it were instructed to extend its inquiries to the Courts of Com mon Law. He put it to the candour of the Hon. and Learned Gentleman himself whether, if this had been done, it might not have been supposed to be the object of Ministers to dilute and weaken the effect of the inquiry by spreading it over so many objects ? Whatever might be done hereafter, he thought his Right Hon. Friend was right in confining the labours of the present Commission to the Courts of Equity ; but doing so, the House and the Government were not precluded from instituting similar inquiries into the Common Courts of Law at any filmic opportunity, in order to cancel any defects that might exist, and to regulate, improve, and simplify the administration of justice. It was for these purposes that the Commission was to be ap pointed, and he had nn doubt that the House being made ac quainted with every thing relating to it from its origin to its termination, would be satisfied with the result. He could not let one observation pass which had fallen from the Hon. and Learned Gentleman, who had supposed this commission to have been contemplated in consequence of the former exer tions of his Hon. and Learned Friend. He would not say that these had no effect, for how was it possible to speak to the mixed motives which dictated every resolution ; but this he could say, that the date of it was as old as the Report made by the Lords' Committee last year, since which the Government had been constantly occupied with the scheme now before the House. That such was their intention he was sure the Hon. and Learned Gentleman would see could not have been avowed before his notice being before the House, without rendering themselves liable to the imputation which had now been cast on them, with the additional imputation that they were afraid of meeting a debate. It was therefore thought better not to announce the design till the Honourable and Learned Gentleman brought the subject forward, and stated his facts to the House, and he would do that Hon. and Learned Gentle. man the justice to say, that the tone which lie had taken on this occasion was such (though no tone could have altered their purpose) as to afford considerable facilities to the accomplish. ment of this common object. He would do him the justice to say, that if it were possible for his speech to be retracted, it would not be desirable, and no speech could have better pre pared the way for the proposed inquiry. lie was confident if the purpose of the House could be attained, that there was not one of those who came there charged with the most efficient ar tillery to level at the Lord Chancellor—he did not mean against him personally, but again s t his o ffi cial conduct, who would not be glad to be spared the trouble of using their instruments. If the redress of Justice claimed their attention, and this was all they could honestly, wisely, and candidly aim at, they would feel that to pursue the inquiry beyond that point, would not be public spirit, but individual persecution. He was quite sure the House would be glad to carry this great point in a manner which would be s a ti s f ac t ory to t h at distinguished cha racter who had so long adorned the high situation which he filled, to whom no sinister motives bad been imputed, but whose character was as pure and as unsullied now as it was at the commencement of his career. Whether Lord Eldon was destined to be the last Lord Chancellor, or whether measures could be devised for enabling that high officer to execute all the functions which had hitherto belonged to it, this he hoped would be the result, rather than that they should be sepa rated. His Lordship would proudly stand before the world as having discharged them all in a manner which deserved, and which had obtained, the admiration of mankind. Were the duties of the office divided, it would lessen the splen dour of that eminent profession of which the Lord Chan cellor was the head. He never wished to see the legal and political functions of the office separate:,., coeval as they were with the Monarchy under which they existed. To alter the office in this respect would be to withdraw from the Crown one of its most dazzing prerogatives. He believed he had remarked on a former occasion, to which the Honourable and Learned Gentleman had done him the honour to refer, when he (Mr. Secretary Canning) opposed the Vice-Chancellor's Bill, he held it to be one of the most splendid prerogatives of the So vereign, that he could take the meanest lawyer in Westminster Hall--he spoke as to connections and prospects, but still rich in talent and acquirements, and place him at once on the Wool sack, and at the head of the Peerage. He could not readily consent to give up this beautiful prerogative, blending as it did the main elements of our happy Constitution, in which the essence of monarchy was found the best and surest support of the democratic interest, and of the general liberties of the coun try.—(Hear !)--When they heard of the inconvenience of the union of legal and political functions in the Lord Chancellor,they ought to look, on the other side, to the inconveniences which flow from their separation. What would be the situa tion of the Lord Chancellor, if an individual were placed at the head of the Law, who could not stand up to serve his country as a Statesman ? How would the Crown be limited in its choice under such circumstances ? If they lowered the standard of pub lic men they would do a permanent mischief; whilst they fancied themselves to be correcting an abuse. That union of legal and political functions of which he spoke was no abuse. Not more than twice in our history, much as they .had heard on this sub , jest, had political motives been known to influence the con duct of English judges. If abuses in this respect had twice occurred, he believed the state of society now to be such that they could never occur again, and he was satisfied that in try ing to reach that abstract excellence which would prevent the possibility of it, they would destroy, not the Lord Chancellor, but they would destroy and stunt that race of men who were growing up to fill eminent situations for the service of their country—( Hear, hear!).—With this exception he agreed with the principle which the Hon. and Learned Gentleman opposite had in view. He was willing to conduct the inquiry in such a manner as should give him satisfaction, and was glad that he and his friends appeared to approve of the determination of Go vernment. Mr. BROUGHAM, in explanation, said he had not wished the present commission to extend its inquiries to the Common Law Courts, but had wished for the appointment of another for that purpose. Mr. WILLIAMS replied at some length. He disapproved of a Commission being appointed to con d uct this inquiry, con sisting wholly of legal men, as he knew of no body whatever more likely to favour forms, which might be fairly objected to by others, than that body to which he had the honour to belong. If this plan were persevered in, he would tell the country that it was a deception to maintain that the labours of such a Com mission would be effectual. But let the experiment be tried. s u T n , motionhht e rTha t c - hi e If the end were accomplished it would be well--if the Commis hi sioners failed, there would then be felt a h un d red times the anxiety which now prevailed to pry into t h e a b uses in the Court of Chancery. He rejoiced that he h a d b rought the sub ject forward on this occasion. Remembering the unmeasured refusal which met a proposition of the sam e ki n d when last it was submitted to the House, he was glad th at i t had met with a different reception now. He re-stated wh at h e had said on the subject of the political functions of the L ord Chancellor, and concluded by expressing his anxious wi s h t h at the inquiry mi g ht be T c r e d H u c o t n e d . a i n n d such e ar n a e d m G a n e n n e d r e m as a n would n s a w t i i t s h f l y d r t e h w e I co ANCELLOR of the EXCHE QUER moved __ i Report of the Committee on the Four per Cent. Acts should be brought up." Mr. HUME suggested that it might be desirable to postpone the bringing up of tills Report, in order that it should be taken at:an earlier hour on a future evening. The CHANCELLOR of the EXCHEQUER saw no rea son for postponing the Report. It was generally considered de sirable after a question of this kind had once received the sanc tion of the House in a Committee that it was usual to em body it in a bill without loss of time, and as in that shape the proposition would again come before the House, he saw no cause for delaying the report. After a brief conversation, in which Mr. Barin g , the Chan cellor of the E xc h equer, Sir J. Newport, and Mr. Calcraft par. ticipated, the report was brought up, and agreed to. NOTICE RESPECTING THE FOUR PER CENTS. The CHANCELLOR of the EXCHEQUER moved that Mr. Speaker should forthwith give notice, that the Four per Cent. Annuities were to be redeemed, and paid off. Mr. HUME wished to know if a like notice bad been given to certain public bodies who had lent the country 400,0001. Mr. HUSKISSON said the Royal Assurance Office and the Bank of England had each advanced 200,0001. for the public service. These loans were obtained at five per cent. interest. When the rate of interest fell, he had given notice to them to accept of a lower rate of interest, or be paid off. They had agreed to do the former. It might now be fit to consider whether any further reduction should be claimed. The motion was agreed to. AUSTRIAN LOAN. The CHANCELLOR of the EXCHEQUER moved that the House should go into a Committee on the Austrian Loan Act. • Mr. HUME wished to know whether a Loan, formerly granted to Russia, as he believed to ena bl e h er to make war against this country, and on which interest at the rate of 5 per cent. was paid, could be paid off', or the interest reduced. The !CHANCELLOR of the EXCHEQUER could not give an immediate answer to the qustion. The subject had recently attracted his attention. If any thing of the kind sug gested by the Hon. Gentleman could be done, he should be very happy to do it. Mr. BARING stated the loan to hare been obtained, not to go to war with England, but to enable the Empress Catherine to subjugate Poland. The House then went into the Committee. The CHANCELLOR of the EXCHEQUER moved two Resolutions, declaring the Austrian Loan discharged by the present repayment, and adding the amount which remained to the general debt of the country, which, after some unimportant and uninteresting observations from several Members of the House, were agreed to. The CHANCELLOR of the EXCHEQUER moved ano ther Resolution to meet the charge for interest, which was agreed to. All the Resolutions haring been agreed to, the House re sumed, and the report was ordered to be received to-morrow. MUTINY BILL. Lord PALMERSTON brought in the Mutiny Bill. Mr. HUME asked whether it was a copy of the Bill of last year ? Lord PA LMERSTON described the Bill to be a transcript of the measure of last year. The Bill was read the first time, and ordered to be read the second time to-morrow. Mr. S. RICE postponed his Motion, which stood for Wed nesday, to Monday. The House adjourned at Half-past Eleven. LIST OF THE MINORITY Who toted for Mr. Hume's Admendment for the Reduction o; the Regular Army 73,000 to 63,000 men. Denman, Thos. Russell, W. TELLERS. Hobhouse, J. C. Tennyson, C. Bennet, Hon. H. Q, Johnstone, W. A. Whitbread, W. H. Hume, J. Ingilby, Sir W. Wood, M. The Grand Duke of Mecklenburg has ap. pointed Mr. HENRY PwritasoN, at Malaga, Con sul and General Agent for the Principality of Mecklenburg. A commercial Letter from the Elbe, dated the _ _ . 10th inst., says, our Greenlandmen have begun fitting out for the fishery : eight ships are pre paring at Gluckstadt, 3at Altona, 2at narn burgh, 6 at Bremen, and 5 from Flushing, Itzehoe, &c. The Danish bounty of 10 dollars per last on the tonnage of the ships belonging to Denmark, is to continued two years longer, i. e. till January, 1826. PARLIAMENTARY PROCHEDINGS. MOUSE OF COMMONS. NOTICES OF MOTIONS FOR THIS DAY. 1. Sir John Wrottesley—Address for inquiring how far the Coin of the Realm may be adapted to decimal calculation . 2. Mr. Nolan—Bill to amend the Poor Laws. 3. Sir George Clerk—Bill to establish equality in Weights and Measures. 4. 3lr. Kennedy,—Bill to alter the mode in.which Juries are chosen to serve in the administration of the Criminal Law in Scotland. 5. Mr. Kennedy,—Select Committee on the Roads fro . = Glas gow to Portpatrick. 6. Sir Henry. Parnell—Papers concerning Commercial lacer'' course between Great Britain and Ireland. 7. Mr. Hume—Returnof home consumption of every Exsise" able article, for the three last years. H. Mr. Herries...Annual Indemnity Bill. 9. Mr. Chancellor of the Exchequer—Bill to continue Corn mision of Inquiry into the Public Revenue. ORDERS OF THE DAY FOR THIS DAY. , 1. Gaol Act Amendment Bill—Second Reading. 2. Supply—Committee. 3. Ways and Means—Committee. 4. Bankrupt Laws Amendment Bill—Second Reading. B. Austrian Loan Agreement—Report thereupon. 6. Mutiny Bill—Second Reading. NOTICES GIVEN YESTERDAY. Ai r cnday, March 1. Mr. Bennet—Select. Committee on General Penitentiar y, Tuesday, March 2. Sir Robert Heron—Bill for continuance of office on the de mise of the Crown. Wednesday, March 3. Mr. Curwen—Copy of Memorial concerning the absence C 4: the Attor ne y -G eneral from the Isle of Maim ; Paten' of his appointment. Ta Mh 9. Mr. Goulburn—Bill u to esd am y, end arc Tithe Composition Act of last Session. Wednesday, March 10. 1. Mr. Wodebouse—Motion relative the equalization of the Duties on Beer. 2. Mr. Spring Rice—Motion respecting a new Survey and Va luation of Ireland. (Deferred from March 1.) Tuesday, March 10. Dr. Lushington — Consideration of the Criminal Laws, with a view of amending certain parts thereof. (Deferred from. March 9.) Thursday, Mardi 25. Mr. Cripps—Bill to amend General Turnpike Act. Friday, Mardi 2f. Mr. Goulburn—Bill to amend Act 4 Geo. 4, c. Ud, reletive to the Collection of Church Rates in Ireland. Thursday, May 6. Mr. Hume—Committee to consider of the Church Establish ment in Ireland. (Deferred from March 9.) PRIVATE BILL--SECOND READING for This DAY. Female Orphans' Asylum. PRICE OF STOCKS TIII'S DAY kT TWO O.CLOCK. Mink Stock' f2 3 / 3 .India Stock 267 3 per Cent. lied. 9] ii India Bonds rBs. 80$. 3 per Cen t. Cons. 4 per Cent. 911- 91 South Sea St oc k lo3i 3i per Cent 1011 Old Annuities j Old (New 106 it I Ditto Small -- 5 per Cents. 1797 Bank for Act. --- Rank Long Ann. 221 11-16ths lndia fo r C on . A cct. I4p. 3 per Cents. 911 , Cons. for Act. 911 91 PRICE OF FOREIGN STOCKS rx LONDON, FEn. 24 AT ONE O'CLOCK. French f Five per Cent s . 99g. . 1 Scrip, 114 pm. Six per Cents. 00. Five per Cents. (Metallic) 00. (Ditto New 944. Five per Cent. Bonds, 86f. Scrip, 9i prem. Five per Cent. Bonds, 1820, 00. • Ditto 1821, 24g. Ditto 1823, 14 4 1. Five per Cent. Bonds, 65i. Ditto New, 93k. 1 Five per Cent. Bonds, oa, . 93g.. 'eruviuu New Loan, 00. Chili 80. ' Colombian Six per Cent. Bonds, NA. , Mexican Loan, 84 prem. ' • . Poyais New, 3i. - --', Russian Neapolitan Austrian Spanish Prussian Danish Portuguese ( Anglo, 7i prem. Mexican Mines Greek e2k. .f Ilullett's. par. IBank Shares:J:23 2s. Gd. Seven per Cent. '95. American Six per °mt. 94-102. Five per Cent. 100 —lO2, 1 Three per Cent. 764. PRICE OF IRISH STOCK, FEB. 21. Bank Stock 259/ Grand Canal Loan, 8 p.ct. 68k Gov. Deb. 3i per cent 99 —Ditto 4 per cent. ... 44t Stock, 3} per ct 98 —DittoStock Gov. Deb. 4 per cent. — Royal Canal Stock Gov. Deb. b per cent. p —Stock, 4 per cent. per cent. ct. —7 li Do. D e b. w i t h G oy. Sec.... New 5i Pipe Water Deb 6. 5 e 'Treasury Bills, 5 per ce nt. D o . City Debentures, 5 per ct. Ballast Office Govt. See. Lying in Hospital 4 per ct. 4 per cent. Exchange on London, Feb. 18, Bi. .. 1110 H WA TE RAT LONDON BRIDGE TO-MOB ROW. Morning, 64 minutes after 11. !Evening, 0 aiinutes aft er . 1", Martis, 24° die Februarii, 1824. eItAPE L —Worthing Bills read a first time. LIGHTING —Caton GAS LIGHTS —Dublin Oil—Bill read a first time. Ken ning' ton—Bill ordered to ht brought in. ' Roans—Faversham, Blandf or d an d P oo l e, Halifax and Shy' field, Cambridge and Ely, and Whiteparish and Southamr ton—Bills ordered to be brought in. Bolton and Chorlelt and Kingsbr idg Newent, Stow-e —Petitions for Bills reported, R e ports to i ! on the table. on-the-Wold, and Wethervf and Knaresborough—Bills read a second time, and cor n ; matted. Worcester and Br omsgrove—Petition of Riclisr Cooke, of Droitwich, aping, referred to the Committee 0, the Bill. Thirsk and Warn) —.Petitions from George Tns, burgh, Hailsey, Crathorne and Hutton Rudby, Stokes' e fa &c. Potto, Swainby, &c. Yarm, Thirsk, Upsill, tt.v . Osmotherley Appleton, &c. against, referred to the Onn mittee on the Bill. PAVING —Ashford and Rudlow 1 Petitions for Bills repot: , Po L E—Bathgate ) Reports to lie on the ta - RAI LWAY—Stockton and Darlington—Petition of Jas. Forrev and Sir .1. D. Paul, Bart. against, referred to the Conuni ltne on the Bill. BEAR -BAl TlNG—Petition of Inhabitants of Manchester, against, to lie on the table. Ass E SSED TAKES—Petition of the Inhabitants of St. Michael, Bath, for the repeal thereof; to lie on the table. SHEEP DOGS —Petition of Shepherds of Cumberland, aga inst the Duties thereon ; to lie on the table. COAL DUTIES —Petitions against the Duties on Coals, from' Clifton Dartmouth Hardness, Abbotskerswell, St. Ata r Y Church, and Helleston—to lie on the table. NORTHALLERTON GAOL —Copy presented, Orders made 3t the General Quarter Sessions, relative to the managente e thereof; to lie on the table. LEATHER TAX—Petitions of Butchers of Northampton, 06 Tanners of Wexford, for the repeal thereof; to lie on the' table. TOBACCO DUTlES—Petition of Manufacturers of Tobacco ar j Snuff, of Bristol, for the repeal thereof; to lie on the table' IMPROVEMENTS—PIymouth —Bill read a first time. Isla` to n — Re -committed to former Committee. COMBINATION or WORKMEN LAWS—Petition of Journef' men Mechanics and others, of Sheffield, against; referred Id Select Committee on Artizans and Machinery. CORPORATIONS (Ireland)—Petition of Inhabitants of Atli/one , for repeal of Act Geo. 2, relative to Corporation Rights ; 0 lie on the table. RECIPROCITT of DUTIES—BiII read a third time. &passe d ' SlLK—Petition of Silk Merchants, against the proposed redue" tion of the Duties on Foreign Silks ; to lie on the table. COUNT X RA T Es—Address for Accounts from the respectil e , Treasurers of Counties in En g l an d an d W ales of the severat. sums received by them for County Rates, from the Ist n ' January, 1828, to the Ist of January, 1824, and statemen ts ' of the application thereof. MUTINY BlLL—Read a first time; to be read a second time to-morrow (this day).