The Express.
London, England, 1851-03-28 00:00:00

and from 1833 to 1835 to much as 1,301. It is thus 1 views into effect, do see in language much better, if so good,
evident that the appnintment of a vier-chancellor than that employed by those who have devoted their whole
-led to an lacrosse of business in the Court of time to the fratnone of bill to be afterward.+ mused into law.
Chancery, and that eases whieh probably otherwise would' (" Iliac," and a laugh ) And I believe this Minister of
never have appeared there, were brought to that court in ' Justice himself, if appointed, instead of framing the bilk
consequence of the additional strength which had been 1.... I himself, would have to resort to such men as Mr. Ort,ren,
Sided. Now, I think it comes to nearly the same thing, , who assisted me in framing the Iteform Bill, or that ye
whether a number of eases sre brought into court and not , able man who now :moist• toy right hon. friend (Sir O. Grey'
decided fur year. in consequence of the tureen, or that at the Home-office, Mr. Colson, and, in point of fact, tte
eases arc withheld from the belief that it would he almost I duty would be done in the same way as at present. (Hear.)
hopeless to expect a decision. (Hear, hear.) In either 11 should be afraid, therefore, that it this plan were adopted,
case there is great evil to the subject, and that justice is not • you would be parting with that which, as I think, has been
perforimel whist it is the lousiness of the state to see per- a greet advantage to the country—en advantage which you
formed. (lle.tr, hear.) LonlCottenham stated at the mime have possested ever eiuce the revolution, Yee, the hum
gggg
time that there was a very great increase in the presiding in the House of Lords a man of the highest I
cgsl
number of petitions and that they had increased from 1,817 ability chosen from among those who bare obtained t e
in 1523 to 2,817 in 1833. In looking at some late returns greatest eminence at the bar. I think, too, the executive
' which hare been published for 1811-1851, I find that in the government would lose authority by it, nor do I think the
year ending November, 1843, the number of petitions was judicial machinery contemplated would be any equivalent
' k,715—nearly the same number as in 1833. But in the fur that loss. I cannot therefore recommend to adept the
by Lord Langdale. (Cheers.) f hero
year 15-19 144r09 they hod to 3,981,
e3,,i9.Br.l,oirsdin,inr„,trinyebaLtt
ceplaunorco,f,,t!teprodiptodn into that of the Ake of Lord Chari-
ot that diecriptiton. but which I do not believe was more is another plan that has obtained much consideration,
than commensurate with the increase in the other business which dors not go to that length, but which is at the same
before the court. Looking at another return of the time a comiaereble alteration front the present eyeteeth I
amount of matters which had been brought into mean the plan of having n permanent judge in the Court
irethe
fC,,omuirltiaroftoChaalinegeeryntiternndeenr
of
fe
tvhaeriohugsAlheit;lostlllitoient: offro from
h.
irneltiehseint
..eoutrhte
we.°
tr•dhanChancellor
t altogether
are familiar to all gentlemen of the li'g.il profession, front any duty in the ('ourt ot ( h.mncery, but ireversalig
I find that in the year 1842, the total number of these the office and name of born Chancellor, and presuming
anny"trYlut;y
1813, 6,873; in ISII, 7,639, making un average fur thine This plan hue, I think, great advautagre over the one I
matters in the Court of Chancery was—in 1842. 7,325 ;in him rather as the appreate judge of the House of Lord:.
years of 7,279. I find that in 11418, the number was 8,3,32; have already mentioned, for it preserves to the executive
in 1819,14,697; und, in 18e0, 8,356, ntakine an average of government the eel and assistance of a person high in au-
-8,461. There was thus an increase in the average, even thority on legal matter.. At the same time I must
from the year 1811, front nn enrage of 7,279 to an eve- say, that on booking at the debates on the subject, and ole.
rage of 8,461, showing in that way again a very great in- serving the clever and able statement of Lord Lyndhurst,
crease in the business of the Court of Chancery. and referring to the various authorities quoted by him at
Upon looking through the returns in detail, .1 the time—Sir S. Itemilly, Lord Itedesdule, end others—end
find that, in the year 1818, the Court of Chan- consulting also those whom I thought able to give the hest
eery menu to ha. e been fully adequate to its opinion eon the matter, the tretteml, if not the unanimous
functions, and that the Lord Chancellor, the Muster of the feeling in the legal professent appears to be, that a jtte
iga
Rolle. and the then Vice-Chancellor. were fully employed. who sat novrely as a judge on appeals in the llouee of lends,
At the same time I find that the number of ease, left over would not have that weight and authority, and would not
at the end of the term was not more than would probably be no capable /if acting satisfactorily se a judge as one who
be disposed of in the course of next term, toeing not more sat in the dully practice of a court, where matters of an
than had been diverted of in several preceding brims. But ordinary character were brought for adjudication. (Hear.)
in looking through the years 1849 and 18541, one may oh- I find that us )i )) ion ettated user end over again in the alisens-
serve how essential it is to the Court of Chantery, not only sem which took plum in 11836. There is soother plan
to take the help of an adequate number of judges, but that and none certainly cen he more des eying if attention,
all those judge* should be in a state of health and seength when we consider the very high authority from which it
adequate to the performance of all their functions. (Ileac.) promeale-1 allude to the prequition of Sir E. Sugdese
Because I find that in Easter term. 1519, and also a term Sir E. Sugderee plan contemplated an iatermediate
to he
court
in 1850, that Lord Cottenliam, being unable to attend, of appeal., formed of several judges, who were
there was immediately 0 very coneidereble arrear, and that the Vice-Chancellors. An objesetteu raised to that—
the number of caws waiting to be heard had very much and 1 think a fatal one—is, that by depriving
increased. However, I will new refer to the quantity of the several courts of Chancery of their beetle to form this
business there was before each of the judges of tee Court of court of appeal you would paralyse the action of all these
Chancery at the Ist of Micheelinate 18.50, and the let of courts, becomes the time the judges should give too the
Hilary, 1851. At that time there were only two Vice- various enlists brought for adjudication in their respective
Chancellors, the net of parliament which hail been meted court" would he consumed in this court of appeal. (Rear,
for the appointment of two additional VicesChencellors hear.) At the same time there is au opium', which lies
having previded that on the resignation of the ordinary gained greet strength of bite, that it is deeiruble that the
VicesCheneelltor, no new tem should he appointed. I find, decisions of the Court of Chancery 'Mould out he the
first, that in Michaelmas Tenn, 1810, the total timelier of decisions of a single judge, Ind that, whe causes come
appeal', for demurrers, exemptions, and claim caste up front the court below for re-hearing ni
bn the lewd
standing for hearing before the Lonl Chancellor was 117: Chniteelluee centre there should be more than one judge
Master of the Wells, 90; Vice-Chu/menu Knight Brum, to decide Now, pie, the bill 1 have to propose• tome eds, first,
3.12 ; Vim-Chancellor Lord Cranworth,l73—meking a total on the foundation that it is desirable to have more then ono
of 772. At the continemement of Hilary Term, lteil, there judge sitting iu the lord Chancellor's Court. (lieu, hear.)
were before the Lord Chancellor, lee; Master .4" the Rolls, Amid it goes also on this other fourelation, that the wear and
1:11- Vice-Chancellor Knight Bruer, 532; and Lord Craft- tear mem the mind between Sir E. is
onsitgden has.
thea said,
worth, 213--making a total of 1,016. Now, undoubtedly, very great, and the political functi und t-
this uccutnulainn of business in this latter period has even teution, not only to political gm:limn but to all
very much owing to certain acts of parliament lately reform, of the law, it is desirable that the Lord Chancellor
passed, especially the Winaing-up Act—(lver, hear)— should have a greater part of his time titan lie now has
but I lelieve that it is a temporary accumuletion, to devote to the consideration of terse matter... (Hear,
which, when the judicial strength is increased by the rap- hear.) It seal my loud fortune to hue connected in au ad-
pointment of another vice-chancellor, according to a lull ministration with Lord Ctottenheine than whom no man
now before the hoes.:--a bill which I In.lieve meets with gave greater satisfaction to the prefiesion and the puttee by
general approbation —will speedily he reduced. It is not, the great attention he paid to the ewes which came berm e him
therefore, to that subject that I would wish to call the mitten- in the Court of Chatecry, and by the mounillegal knowledge
tern of the emcee but 1 thoneht it desirable that the house and clear judgment he brought to hear upon them; but I
-.tumid en what has been the general proems. of the judicial would certainly say that the great attention es tech was
business in the Court of Chancery, unit judge of the very :oilmen not only in the court, lout by the study he gene
great importance of eve thing etonnected with the rules of to the Canes, ut home in hes own lunneei ee el I
teat court. (Bear, hear.) I now come to the nature of the have often known him sit until two or three in the morning
office of lane' Ciituteellor, who is at the head of this great studying and remelt:ring a epee in order to arrive at a nor-
court, and has other most important functions to perform. net decision) that great attention and research he brought
The Lord Chancellor is, in the first place, the head of the to beer on this duty rendcroll hint lies motile to give that
Courtof Chaurery; end, althoughitnow very seldontheppens tints which others. would do to political questions and
fur hint to hear original inotious, yet the whole business of throe natters which the administration, of which ho
the court is trimeteted tinder his superintendence, und the was a member, &eind to bring under his notice
appeals or re--hearings are brought before him fur decision. end obtain the benefit of his advice unit assistanceupon.
Ile is likewise the judge who preterite in the Hour NOW, what I propose Le, that there 'huh be the esta-
of Lords, while that house remains the great court blishment of a noun, which shall be called " the Supreme
of imp He has various administrative functioue belong- Court in Chancery," or " the Lord Chancellor's Court," us
lug to him, end e heel are specially attached to the great the house may deride, and that in that inert shall Pit the
seal. Ile is, also, a member of the cabinet, and, as such, is Lord Chancellor, the Master of the Rolle, and one of the
consulted on all petit:cal questions that emote 'rebore the judge, of the courts et' hew, to Le ettutinontel front
cabinet, hut more eepecielly on those which here relation to time to time for that purple. I ant informed
the conetitittien, to the ameudiuent of the law, or the way that at present, in the present state of Lesl-
ie which the law should he enforced. But he has various news before the common law etourte—at least, it is
ether functions, He is adviser of the royal family in ;my the opinion of the preeent Lord Chancellor—that it would
cue tor doubt ur difficulty rupee:tine the Interior Of that nut hes difficult for thee: courts to gist. thus assistance of one
family. he is hased iu a very high position, in of the judgee for the performative of this duty. I promote.,
consequence of ell these functions. Having enumerated therefore, that there shall ler three judges--liar Lord Clout-
the advantages accruing teem this state oh' things, the noble miler, the Master of the Rolls, tend one of the judges, of the
lord said--I will now state shortly what I consider to common law emu-iv—and that any two of them shall have
be some of the dieetlenneiges attending this positiou. The the power of hearing causes, and that in the absence of the
chief disadvantage I think as, that these functions are so Lord Chancellor the two others shall hue all the power
various and weighty. The uttenelemee en the Court and authority in the Court of Chancery which the Lord
of Chancery to deliver judgments on matters of Chancellor poeseetess. It is part of the measure I proprem
the very highest importance is of itself so great that appeal. in bankropne, and ell other statutory jurialies
a labour of mired and body, that the junction of tion, sine letexereiestel by thisSupreute Court -thorn the Lord
that duty with the task of preeiding in the House of Chancellor alone 'hall not exercise the authority he now
Lords, where necessarily great attention must be exercises in the Court of Chancery, but that he stall always
paid to question.; of stele, makes it hardly Fusible that any exercise it as a member of the court. By this pros kern
men can bus found efficiently to perform both. (Hear, the Lord Chancellor would hes enabled, end indeed
hear.) It appears toleo that while the executive government morn!, to uttend to the lousiness of the Court of
ha+ the advice of the Lord Chaucellor, atoll bis assistance, he Chancery. lle would sit there as a judge. All the inter-
must agree iu the political sentiments of the roe of the loeutory matter that would come before the court would
cabinet, and ou any change of got ernment the roman• be heard by hint ; and, at the same time, he would not be
Lases the advantage of his accumulated experience, mud so entirely taloorbed in that duly Its nut to have time for
the weight of his decisions iu the Court of Chan- the other high and important functions he has to perform.
cery, over which, us a judge, he has wedded. Thew In the elute way I prom.• that matten. of Immoy should
considerations placed before the country, and weighted be erne by the Supremo Court, and that an arrangement
by men of various needs and diSpOsitiOUS, !lase from time should he etude with the judges of the COMIIIOII law courts
to time produced plans, by which it uppeered to these: who to dispense with one of the judges to attend to this
were their authors that the gnat athantages I have men- court. With regard to the eateries in future to be paid,
tinned might he secured or obtained in :seine other way, it will he reelected that the committee upon salaries tom-
awl the deadvanteges obviated by some change in the ma posed last }cur that, if there was any decision of the office.
chinery of the Court of Chancery und the Mouse of Lords of Lord Chancellor, the salary amide be reduced to 191001.
in regard to the adoninistrution of the haw. The first plan a yea. The mover:cum:it here taken that propped into
which I shall modern as propped for this purpose—and I censitlerntion, and it is our sip. - that that reeluetittn is
mention it lint bee:muse it is the phut that guess furthest greater than ought to be made in so high an tele,. (Ilene,
in the detail. of cloange--ie that propountlo d with all the hear.) And we think, especially, that the pension no be
elearrees and ability which belong to Lord Langdale, who paid on retirement front the office of Lord Chancellor
Was its author, and wltto brought it lemma on another Arnold not be diminished— (hear, hear)—because it is de-
pleee, in the year 1836. Thut plan torteposed that there eirelde, when the situation itself must depend upon the
should be a permanent eutlge hi the Court of ternary— cluingee in political We, that there elionlol be such
that is a judge nut changing us at present with every Change a suffieient retiring allowance US to induce a man,
in the administratiton; that there shone' be a hord en 4- who would otherwise obtain n permanent situation,
dent sitting in the !louse of Lords she should likewise be tte accept this one. (Hear, hour.) I proper, there here,
a permanent judge, and that there should be also a lord that the salary be 10,0001. a year, and that the retiring
keeper of the seals, or, as some would call I • , the minister elle...eine should remain as at tree:tit —e,ooo/. a year.
of justice, who should be a inetuher of the Amine- There is another chutoge I propose to make which I may
tration of the slay, and aho ee whole care stud have sem difficulty in mentioning, for it would .con us if
attention ehuuld be directed jut the framing, cote I, as First Lord of the 'f reaeury, load an interest in the prOs
reefing, and revising till such elitinges of the law pail. There is a great deal of et at-emotive! patronage
as the government or intli‘ietuels might think fit from time vested in the Lord Chancellor. It was originally rend in
to time to propose. Now, sir, it appear to me that how- hint by an arrangement that the weenie who were then
ever plausiblo: such a proposition—however it may accent :situated in the Lord Chancellor's Mere, und who were
with tour first view of the theoretical operation of the union clerks in orders, should be' ttillittintVil to belles
of political and jut-lived funetione—l do not think it would lives, and that the giving of them bendiees was
be beneficial in practice-. (Ile ar, hear.) In the first place, a mode of rewarding them for their ours ices. In
Ido not consider that the objections urge,' against the mix- fact, that le-longed to the time when the Lord Chancel-
ture of political mud judicial functions are well founded. per Was usually an treleeiestic and in holy order, himself.
(Hear, hear.) Notwithstateling all the political fee:hinge That patronage is disposed of; not by referent, to this
and party preferences tot the several Lord Chancellors, Ido crown, not by taking the Quern's favour to in other cases,
know one of whom it can be mid that his decisions in but is disposed of, eirlede offirii' by the bora Chancellor.
the Court of Chancery were influenced by consideration,. in On the other hand, it was proposed by the commission that
favour of the party with which he was politically conotteted. reported Let year that the whole of tines benefice, should
e
(Cheers.). There is no mason why, then, a politerell be sold Inc the rourpoe of increasing the nit ans of spiritual
chancellor should not decide on queetioue of property. The instructiou. The government, in taking that propeed into
Lord Chantellor appointed to a permanent °Him would, no consideration, were decidedly Armee to it—(hour, hear)—
doubt (like the judges of the courts of common law) und thought it was not advisable to part with a great
‘fee.otuldrilyp,roeb.relbtlyheb.p,receidgirlgutrrtly.ge,eiguhrtthine Ithloatetsehodofyl;eibrilust
steer.t pritieconfoofrait—gr(cha
discharge the legal duties pertaining to that office antis- public trust and sell it to whoever might offer the
hn k ifn4u that
~, , , such
nexi
max
etarp'ertheaoritharle.huthreli
when we crime to the considerutton of that which, as 1 have with the state was in itself nut deniable, I proton! there-
sated, is useful and advantegeou—that there should be a fore that this patronage shall in future be vested in the
person of great authority and weight assisting the delibern- erten, and that the minister of the crown shall take the
tions of the government, Liking part in the deliberations pleasure of the sovereign as to its disposal, in the same way
and aiding in the decisions of the Home of Lords on ques- as he does with regard to the eceiteiestieul patronage
none colour-end with the amendment of the law and on all already vested in the crown. (Hear, hear.) I have sated
constitutional questions—then I think the plan would ut- now the general provisions of the bill I have the honour of
terly fail. In the first place, as the office of Lord Keeper propoeing, but I should mislead you if I gave it to Ix• sup-
would not be permanent. and as the person Incepting it peed that I was now carrying into effect all the propoeds
would have to give up his professional prae- which the government and the Lord Chancellor wi.i have to
ties, you would have to give u very high sa- make for the improvement of the administration of juetice.
lary end a very loigh retiring allowance, and very In her Majesty's speech it is said: " The administratem of
160011 (even if the 110 Use of Commons were di,- justice in the several departments of law und
equity, will no
lased to great these high salaries and retiring allowances in doubt receive the serious atte • neon of parliament ; and I
the first instance) complaints would arise on that score, and feel confident that the measures which may lie submitted,
it would he' said, why should a person whine functions are with a view of improving that administration, will he (H+
merely political, and who is but the adviser of the govern-, messed with that mature deliberation which important
meet, have a salary so far above other members of the go- changes in the highest nouns of judicature in the kingdom
sentiment ? The consequence would he that the office of imperatively demand." Now, sir, one of the changes which
Lord Chatirellor, the Lord President of the Ileum. of Lords, can be made—end a change which can Ix• made settirfeeto-
and the tonnes of the judges who preside over the courts of rily as any one who has tweeted the newspaper
common law, and other situations on the bench, would be will have seen —is the reduction anti abolition
more sought after than this precarious 'amnion of Lord of many of those fere now paid in the Court et' Chancery.
Keeper, and you would have a man inferior in weight and (Hear, hear.) I believe that nothing is mom deferable than
authority to those who filled thine other judicial appoint- that the 'tenor should be Mae to obtain justice without that
rents, and the decision, of the government taken on his • very great espouse which must deter many from entering
&dein. would be liable to be questioned and overthrown by those courts. (Hear.) I have heard it said by some that it is
persons of more weight and higher standing at the bar. If desirable that the avenues to justice should hays heavy tolls
that is the case, Ido not see why this large provision should upon them, because otherwise if justice went made too cheap,
be made. or why the Home Secretary, sitting in this or the litigation would be encouraged. Now, if it is, durable to
other house of parliament, would not be competent to per- discourage litigation, it appears to me that that is not the
form all those duties which it is suggested should be co- way to efft et the object. (Hear, hear.) if a pers.= brings
trusted to this Lord Keeper or Minister of Justice. With a frivolous action against another, let him pay the penalty
regard to one duty which it is proposed the Minister of by the costs awarded against him. That is the true way to
Justice should perform. 1 must say, speaking upon my own discourage litigation. (Hear.) But to say that a man shall
experience, that no suds high office is required for the per- pay a particular amount of money before he eau obtain
pose. I allude to the duty of euperintentling the drawing justice on a kir complaint, that 1 hold to be inconsistent
of bills and ascertaining that the language in which they with all the principles which ouglmt to regulate the ed-
am couched iv consistent und concise, and that no errors creep ministration of justice. (Cheers.) And when we say it
into our lierielatien from inadvertence in this regard. I discourages litigation, I think the greatest error must be
should say, in the first place, as our legislation committed, for it evidently depends upon the fortune of the
must he teethed by the two houses of parliament, one tieing person on whom the penelty is inflicted. Take a man of
a numerous body, and the other not only a numerous body, 90,0001 or 30001. a-year, who wishes to have revenge
but a body returned by popular election—that all bills upon another, melte: would have no hesitation in spending
passed by them must be of such a nature as to satisfy not 1,0001. in a court of justice to attain his ends. (Hear)
only the accurate mind of members of the legal profession, But, take a man who has a real wrong to complain oe
but must convey the sense and opinions of the two houses 1 and he may be unable to spend 1001. to obtain retirees—
of parliament so composed and constituted. (Neer.) , (hear, hear)—so that you see while the rich man would
But then it is said great advantages would hue derived often indulge le vexations eptrit of litigation, the poor ioun woala
from changing the language- of sots of parliament, by oak- be debarred from obtaining las right. (Hear.) It ales
ing it more correct, and that for that purpose such an officer pears to me, therefore, that the !seeking of justice cheap, so
would be useful. Ido not perceive that those great and far as it can be done, is one of the duties of the state, and I
eminent lawyers who entertain enlightened views as to the think we cannot in this respect be wrong in abolishing and
amendment of the law, when they come to carry those reducing as many few as may be found possible. (Chem.)