The Express.
London, England, 1853-02-15 00:00:00

THE WORMS% TUESDAY ETININCF, FEBRUARY 15, 1858.

of thebBw their study. They must iot make the 'Vann of
the law a pretext for injustice towers large class of per-
sons. (Iles,. bear.) Bat theresneaker reason which,
if he bed been prepared with a miesore. would have pre-
vented lira from bringing it in now. Me name and Learned
predeoeseor had issui4 a new commission Is November last,
with directions to inquire into this very sbbject. Hie noble
trisect had stated that there were innumerab'e great and
espies evils in the present system. He (tke Lord Chan-
cellor) could not but regret the terms in which that com-
mission .as worded. tie thought that it was what our
neighbours would call a fact accomplished, that these courts
should be amended. If the question, therefore, had been,
in what mode that might best, most honestly, and most
justly be done, he should not have objected to the commission;
but even if it should report the present system to be perfect,
he should not be prepared to act upon their recommendation.
They alrsady bad the report of 1832; and if there had been
nothing to modify that report, he could not see why there
should be any further inquiry into the necessity of altera-
tion. Ile now came to another subject. Three or four
yeas ago a commission had been issued to inquire into the
Mete of the laws relating to marriage and divorce—both
ssi4eata of the greatest public importance. Now, on the
subject of the law of divorce, he had an opinion so distinctly
formed that he thought no report could shake him out of
it. Their lordships would observe that although a
divorce, a 141006 110 onotriasonii, was a privilegium
or private law, yet so strange were our habits on this sub-
ject, that when the existence of certain facts was proved, a
person was entitled (not absolutely, indeed, but as a matter
of common practice) to • private act. If that were so,
surely it woe a subject beyond all others in which they
ought to have the most perfect machinery for inquiring
into those facts that any judicial system could suggest.
(Hear.) He need not ask the question of any of their lord-
ships who were in the habit of attending proceedings of this
nature before their lordships' hones ; because he was satis-
fied they would agree with him that nothing could be axon
disgraceful than the scenes which were there witnessed. If
certain facts entitled a party to a private act, he (the
Lord Chancellor) was persuaded that there ought to be
a judicial inquiry carried on in a judicial manner;
but there being • commission on the subject he did use
think it was hit duty to do more at present them se collect
his own ideas on the subject, which he had endeavoured to
state so their lordships. (Hear, hear.) He had now stated
what he was not going to do; and he was seasible that if
he were to stop there he should be open to the remark that
he bed hardly kept his promise when he announced to them
his intention of stating what he was prepared to do on the
subject of law reform. He would not, however, have
flinched from that if he had really had nothing to propose.
He would rather have run the risk of their observations
than have brought forward any propositions that he did not
think likely to be of service; but lie bed found what he
thought a most beneficial measure almost ready made
to his hand. Of all the subjects connected with the
cause of reform upon which he bad had different
communications addressed to him, there was none
upon which so many had been sent to him as the
transfer of land. He had directed his attention to
whet would be the best mode of carrying in some degree
into execution the views of the parties who were making
web propositions ; but he had only conic to the conclusion
that ascot of these suggestions were founded upon an entire
minenception and misunderstanding of the subject. It was
that they might easily arrive at a state of things,
Trtglireti not fur • sort of obstinacy on the part of persons
who were against reform, when the transfer of lead should
be just as easy as of stock. Now, in the first place, 04).
I,OOW. of stock was the same as another 1,0002 ; but every
man's sere differed from every other man's, and there must
be an identification of every particle of the land which

formed the subject of the transfer. That was one diffi-
culty. Bet another and the real difficulty lay in the state
of the law as it existed as • part of the social and political
institutions of the country. He found that what was
meant by simplifying the transfer of land was really that
then should be no ownership, but that in fee simple or its
equivalent. In the state of New York he was informed
that at present there could be no ownership but fee sim-
ple ; but that there might be a lease fur twelve years. If
that were the state of our law the transfer of land would
be very easy indeed ; because the real difficulty consisted
in ascertaining tabs right of party who transferred it
so to do. Under our system there were all the complexities
of nseir, settlements, jointures, entails, and what were
called shifting estates; and the party w: .o sold bad to give
the party who purchased evidence to satisfy him that there
were no such difficulties in his case.' Nuw he (Lord Cran-
worth) did not think it his duty, nor would it be beneficial,
to propose, as • measure of law reform, an alteration of the
whole system of entail- a matter which had nothing t r do'
with law reform, but was entirely one of social reform, If
reform at all. He must deal with the matter, thou, pre-
cisely as a question of law ; and, that being so, theft
were two modes in which the transfer of land might
be made less expensive—or, he would rather say,
there were two sources of expense in transferring lead. One
was the length and complication of the deeds. The other,
and the rally important one, consisted in the very difficult
investigations of the details in complex conveyances. Now,
there was no necessity for legislation on this subject. The
reason that conveyances were long was, because the parties
purchasing generally liked details to be given which
were not necessary. He did not know any suggestion for
materially shortening the language of conveyances ; and
therefore be fell back upon the other question, namely, the
mode in which investigation of details should be made lee,
difficult and oeeeslou less expense than at the present
moment ? Now, he would not attempt to misrepresent to
their lordships or to the country what he conceived to be the
advantage of registers. He would not pretend to exaggerate.
They would be of little or no advantage. He bad seen •
suggestion in some ingenious proposals by which the Gor-
dian knot might be cut at once. Were what their author
(a Mr. Wilson) desired, granted, it might cartaialy be very
easily done. He proposed to have a sort of book of titles
kept, from which certificates might be given to the owners
of the land. Every party was to put down his same in the
register, and if within 10 years, or some other fixed time,
everybody did not come and claim his rights upon the land,
all such rights, whether remainders or the rights of chil-
dren unborn, should be lost. That would certainly make
the transfer of land extremely simple. When they bad
created a condor, as it were, of the possessions of every
individual, there could be very little difficulty. Mr. Wilson
that when one* they got • perfect title of the
rthe 'WSW should have a certificate— for instance, that
Ms Sams was the absolute owner of such and such a
Owe of land, with a reference to a plan—for it seemed to
be essential to the proposal that there should be a large map
of the estates. If John Jones wished to transfer his land
by way of mortgage, the certificate of absolute ownership
mat be brought iato the registry and cancelled ; and two
ether artifices@ based, one to the mortgagee and one to
he" stating his title to the land subject to the payment
of taxer., the amend of the mortgage. When the snort-
crozes peideff.tbetwo certificates would be in turn cancel-
• settlitele of ownership in fee simple r.•-issued. That
wenMeerteinky mu investigation u to title; but he could
net me any Lmibility of carrying it out except by a total
shoe rights of owners of land. But now, what
wan the plea wMeh be (the Lord Chancellor) proposed ?
He mold tske very little credit for it, for he bad taken it
hem a bill which had passed through their lordships' house
wades the auspices of the noble and learned lord opposite.
He had made very little alteration in it, but he thought
that it did not at all interfere with the principle of the
measure, and he was afraid it would hardly satisfy the noble
and learned lard (Lord St. Leonard's.). His proposal
was antetantially that of the bill of 1861. He proposed
that the owner should come and put his land
on the register ; and if he wanted to sell, it should be suffi-
cient to have that register, which would show in what his
title consisted. Then he proposed that .nothing whatever
should affect the title, except what was seen on the register
in connexion with the original act. It was possible that
extreme cases, iavolving fraud, might occur, but they must
leen them lobe dealt with when they arose. They must
never stop from doing a great good bemuse a risk might
arise ; and he thought that the plan proposed would make
conveyance sate, simple, and cheap. He did not propose
to trouble their lordships with the details of the bill in pro-
posing its first reading. It was said that all that ought to
be registered was • fee simple title; and what was meant
was that there ought to be somebody capable of transferring
the land. If the party registered wished to make a settle-
ment, he would put that settlement upon the register. If
it was upon the register, any person purchasing would see
what the settlement was. Or he might if he pleased not
put it on the register, and then the party purchasing would
not be affected by it. But, it would be said, that would
give • person the power of defeating the settlement.
To avoid that the party laterested in the settlement
might get an inhibition to stop the injustice.
Het should not go further into the matter, because it was a
matter that could not be gone into until their lordships had
all the details before them. There was another subject'
which bad come under his consideration, which he should
only glance at, because he confessed it was in such a state
that he could net give to their lordships any satisfactory
explanation of it details. He alluded to a bill for the better
regulation of charities. A bill to that effect also was in-
troduced by his bun. and learned friend, which passed this
house. That bill could not be adopted in the fens pro-
posed by his hon. and learned friend, became the ma-
chinery, or the greater portion of it, wee at ea end.
The Masters in Chancery existed no longer, or would seas
seem to exist. He had consulted with his sable friend
the Secretary for Foreign Affairs, and be should introduces
bill en the subject at au early day, which would be founded
• the bill of 861, with some modifications. He had told
their lordships why he had not attempted to legislate upon
the courts of the country, why be proposed the bill for re-
, &oration merely in the form in which it passed their lord-
ship's house in 1851; and he had explained to their lord-
ships, and he hoped satisfactorily, why it was that he could
aot at the present moment be prepared with any mere
matured measure of legislation ; but although he was sot
prepared with any measure of legislation, he would now
proceed to state that be had in some degree, though in a
slight degree, commenced, and that he intended as far as
in him lay to proceed in the work, which he believed was
as much called for, and would be as beneficial to this
country, as any measure of legislation which the ablest
minister had ever propounded. In their lordships' library
would be found the statutes at large, contained in 40 quarto
volumes, bat there were many statutes not to be fount in
that collection. He thought it might be fairly said that it
' was not creditable to any country, that the statute law
should be in such a condition. (Hear, hear.) He had
ascertained that from the time of Edward 111., until the
cud of the reign of Queen Ann, the number of statutes
pulsed was 3,266; from the reign of Queen Anne to the
time of the union with Ireland there were 5,962 ; and from
the 41st George 111., to the end of 1814, about 6,00 more;
making altogether about 14,000. That was exclusive of
Irish and Scotch etatutee,the number of which hewas not able
tastes ; but he was sure he was not far off the mark, there
must be altogetherabout2o,ooo statutes paused. Thatnum-
i bet was of itself a circumstance which afforded ea irresistible

argunsegt fei the neesesity of consolidation ; but got only woo
there that enormous quantity of statutn,hut their language
was in t►e most repulsive form. It was pan of the common
law of the land that there was not, and could not, be a
single stop In a statute. He had known arts arise in the
leourn in which it was said that the statute would have one
meaning if there was a stop at a certain part, and another
meaning if there was no stop. Even lawyers could with
difficulty understand them. The consequence of this state
of things he conceived to be most deplorable. Their lord-
ships were aware that by a sort of fiction of the law the
judges were supposed to know the whole of the law, oral
and written. To suppose that they knew all these statutes
was absurd. No human knowledge could master them.
What had been the consequence? Why, that know-
ledge was impossible, and therefore ignorance had
c,..sseel to be • disgrace. Projects for thus purpose
bad prevailed from the earliest times. He would
not go into what was done in the tunes of Edward I. and
James 1., when it occupied the minds of Sur N. Bacon,
Lord Bacon, and Lord Whitelock ; but he would pass on to
modern times. In 1806 the Commissioners of Public Re-

cords came to this resolution—. That Francis Hargreaves,
Esq.' shall be requested to consider and report to the board
as to the best method of reducing the statute
law into • smaller compass and more systematic
form, and of revising and amending the same
in the whole or in part, repealing what is
obsolete, and consolidating the rest, specifying the general
heads of the statute law, which must necessarily be dealt
with in other ways, the est method of rendering the sta-
tute., as well as future statutes, more concise and uniform
in their form of ezpression, and at the same time more per-
spicuous in the arrangement of their enactment and pre-
vailing with • statement of such practical rules as appear to
be most effectual for this purpose." He believed, however,
that nothing more was done by the commissioners on the
subject. Then in 1816 the House of Lords came to • reso-
lution declaring that in their opinion the enactments in the
statuteibook should be under separate and distinct heads,
and that • person learned in the law should be appointed
for that purpose, with a number of clerks under him, not
exceeding 10, which being communicated to the House of
Commons, the following resolution war adopted
by that house :—" That this house doth agree in
the said resolution so amended, that from the
present state of the statute law of this realm it is highly
necessary that effesitual measures should betaken to arrange
the matters contained in the statutes in the United King-
dom of Great Britain and Ireland and in the statutes'
passed in the separate parliaments of England, Scotland,'
and Ireland respectively under distinct and proper heads."
An address was presented to the crown, and the Prince
Regent made an answer that he would give directions
accordingly ; bat, like all the schemes from the time of
Edward VI. up to 1816, that failed also. Upon certain
subjects, however, consolidation did take pine*. There
was a consolidation of the statutes relating to slavery, to the
excite, to the customs, and of some portion of the criminal
law. Then, on the 23rd July, 1833, Lord Brougham, then
Lord Chancellor, issued a commission to consider the
statutes relating to the criminal law, and bow far it maybe
consolidated, and also how far other branches of the exist-
ing statute law might be consolidated. Those commis-
sioners proceeded with the consideration of what was en-
trusted to them, and is 1835 they made • report of the con-
solidation of the statute law ; but the criminal law, which
was the main object of their appointment, somehow dropped
through. They made some very useful suggestions. They
said three courses might be adopted : the first and most
limited application would consist of a mere reduction of the
existing statutes by expurgation ; that was, striking out
what was no longer bindink ; • secsnd and more extended
application would consist in classifying and consolidating ;
and • third and still more extensive application would con-
sist of a reduction with such alteration in the remaining enact-
ments as would snake their apparent import correspond with
their legal effect. Nothing was done in the matter,he believed,
and in the next year there was • committee of the House of
Commons on the subject, but still nothing was done. In
1845 their lordships directed an index of the statutes
which had passed from the time of the union with Ireland,
and en index was made. That was the state in which this
subject now stood; it was a state of things which eminently
required a change, but the question was, how far war that
change within the range of possibility. He confessed that
at one time he thought it was an impossibility, the labour
was so great. Within two or three days, however, after he
received the Great Seal, his honourable and learned
friend, the Solicitor-General, suggested to him
that this was net quite so impossible as at the first
blush might appear, and after • little conversation
on the subject he pointed out this fact to him—that there
was published by the late Mr. Chitty a book containing all
the more useful statutes bound in four moderate-sized

octavo volumes. That was the work which the judges
always took with them on the circuit, and they found that
for ordinary purposes—he would not say it never failed
them, but in nineteen cases out of twenty—it contained all
they wanted ; and that was a selection not made with a
view of helping the judges on the circuit, but with a view
to help the general student of the law. This led him to re-
fleet more on the subject, and he brought himself to the
conviction that it was not only not impossible, but that the
difficulties were infinitely lase than at the first blush they
appeared to be. Their lordships would very properly dis-
trust him in making such an avowal, and ask him what
foundation he had for what he was saying. He would state
what he had done on the subject and what had led him to
the conclusion he had stated. Their lordships would
recollect that the number of statutes passed from the
reign of Edward the Third to the end of Queen Anne
was 3,256. That fact he got from the appendix to the
report which was made by the commissioners in 1835. The
commissioners had gone through the matter most accu-
rately, and bed not contented themselves with the statutes
contained in the printed volumes. Well, that was the
quantity of statutes that had pawed ; and how many
now remained, because these were the statutes with
which they had practically to deal in consolidating ? On
that subject also the report was very valuable. Of the
whole number, 1814 were repealed or obsolete, and 524
were local, personal, or private, leaving out of the 3,266
only 918, and some of these were partially repealed; so
that there were left practically to deal with only about 800
statutes for that period—that was about a quarter of the
whole number pared. Therefore, if they could be sure
that all the remaining statutes stood in the same position as
those which passed from the time of Edward 111. to the
endtof the reign of Queen Anne, and supposing be were
right in saying that there wets about 20,000 altogether, that
would reduce the number at once from 20,000 to 5,000; but
he thought it was not a fair or en honest way of looking
at the subject to say that there would be in modern statutes
the same quantity of obsolete statutes as in the ancient
ones, and with a view to seeing how far that might be, be
took three separate years at random, and went through the
statutes, to see how far this proposition would hold good.
First of all, there were the private acts, which were now
printed separately; then there was en immense quantity
of statutes, which were not repealed in form, but in sub-
stance—they were no longer law. For instance, " A• set
to enable her Majesty to raise 2,800,0001. by Exchequer
Bills,"—an act of that kind had does its work at the end
of the session. Then, again, there were temporary acts—
sets to continue other acts ftom session to session. He need
not refer to the annual Indemnity Bill, or to the annual
Mutiny Bill, or to bills to enable her Majesty's Commis-
sioners of Works to build a street. For an illustration of
this, in the 41st of George 111., 109 statutes were passed.
20 of them had been repealed asolutely, 67 had expired or
become obsolete, 12 were for , so that the 109
melted into 20. Again, in the 43rd of George 111.
127 statutes were passed. Of these, 39 had been:
repealed, 64 were local and personal, leaving only
14 to be dealt with. Again, in the 68th of George
out of 142 statutes only 28 remained. The result was
that not one-third of the statutes pared in those years still
remained, and as he found that the statutes from Edward
111. to Queen Anne, and in the three years he had mentioned
more than four-fifths were gone, he thought he was right
in saying that taking the whole of the statutes only one-
fifth or one-fourth remained to be dealt with. Now be
asked if that was a difficulty which was insuperable. He
believed that if they applied industry to the subject it
might be done, and when their lordships asked bow it was
to be done, he would state his view of the subject. He
believed it was because there had been nothing but commis-
sions of inquiry to see how it could best be done. Now
what he proposed to do was to take a very simple course,
which was this. He thought he should be able to secure
the services of Mr. Bellingham Carr who was one of the
commissioners. Then, under his own Immediate supervision,
would be employed two or three gentlemen who must be well
qualified for the task, and they must give up their whole time
to the work. He should make no inquiry as to how it was
best to be done. The course be should pursue would be
first of all to complete that which was done to the end of
Queen Anne, then he should distinguish between local and
temporary acts and those of a public nature. Then he
proposed not to grapple with great difficulties, which would
when they came to deal with exciting subjects ; but on
subjects on which there would be no party warfare at all,
he proposed that they should reduce all the law oa that
subject into one statute, that in se doing they should adopt
the order in which they found the statute, then, that they
should adopt the language in which they found the statute
unless they found in it what had led to some particularity of
construction, and then they should report that matter to
him and he would endeavour to put it into suitable lan-
guage. If he was asked more in detail, he answered in
perfect fairness, that he looked to the pregame of the work
itself as likely to suggest to him innumerable modes of
carrying it into execution better than any commission could
do. The thing bad been done in the state of New
York, and he did not see why it should not be done here.
He did not merely mean that they should consolidate, but
he thought it would be of incalculable advantage that they
should also classify the statutes, so that in future legislation
t when a statute was passed it should not be hap-hazard, but
t it should be placed under its proper head ; so that looking
at the clam, say manse insurance, the parties reading it
should read through all the statutes, and see what addition
had been made. This course was not altogether without
precedent, because 50 or 60 years ago they had all the acts
I published together, and since then local and private acts
; had been printed in separate volumes. Why should there
not be legislation on particular subjects adapted to class A
, and class B, and so on. Much then in the statute book
, would not be unnecessary and mere waste paper. He con-
. fessed he looked forward to this as a very great benefit.
There was another incidental advantage which he could not
but think, keeping as he did his mind steadily directed to the
progress which these gentlemen would make,which heshoald
report to their lordships from time to time, but he could
not help thinking that modes might be suggested by which
our lass might be revised, and placed on an infinitely bet-
ter and more intelligible form than that in which they were
at present. lie bad now stated the course which he pro-
posed to take with regard to legal reform. If it was thought
that there was very shortcomings, he could only say he had
done his best. It would have been a most scandalous thing
, on his part to have accepted the office of the great seal if

he had felt himself incompetent to discharge its great tune- •
dons. Be certainly felt very great respect fur his noble •
and learned predecessor, who had been a friend of his for •
more than thirty years, and of the mode in which he dis-
charged his duke he was as ready as any one to repress •
his great admiration, but having said that be was sure their •
lordships would feel that he could do no more than de- I
vote himself with all his energy to show himself not •
unworthy to fill the high office he held; and
he did think that the work in which he was
engaged would be one of which he should not have reason
to be Rehear d hereafter. He might, perhaps, look for-
ward to consequences too great, but he believed it was a
• truth that no wise thing was ever accomplished with-
out
something, perhaps, of romance and enthusiasm in the
mind of the person engaged in it ; and though the word '
romance was perhaps little applicable to those who revised '
statutes, yet the consequeaoes were suoh as might be of in- I
calculable advantage. He had been encouraged to carry !
on this work by the reflection that he could not advance a •
single step without conferring some benefit. The mere t
enumeration of the statutes actually repealed would be I
something ; the consolidation of some of the easiest statutes 1
would be of some benefit; and if it were possible to classify
and improve others, that would be • matter which would
confer benefit also. Bat he owned he saw no reason why
there should not at some future time, distant, perhaps, be the
consummation of that which he had slwsys looked to as I
most desirable. He did not see why there should not at
some future time be • Code Victoria which should put us I
on the same footing as our great neighbour, the Code Na- •
poleon, which would survive and have an influence
when the other exploits connected with his name had sunk •
into oblivion. There could be no greater honour than to
be engaged in a work se useful that every step he took he
looked forward to beneficial consequences. He trusted that '
sooner or later all this might be accomplished. "Quad ci
ass oontingat, *Wu tamers ibunt qui ad mom intendant •
cam qui presumpta desperation quo veluit evadendi pro.
dews circa arms subatiterent." (Cheers.)
Lord ST. LEONARDS thought the noble and learned
lord was quits justified in not bringing forward any mate- I
vial measures of legal reform. It was quite impossible, •
looking at the Urns he had been in office, that any such I
measures could have been prepared. He had stated to •
their lordships the reason why he hsd not brought for-
ward any measures. (Hear, hear.) He (Lord St. Leo.
nerds) took it for granted it was because the reforms •
which had so recently taken place rendered it •
umlaute attempt to touch the courts, till they saw what I
had been the effect of the reforms already pissed. His i
noble and learned friend had referred to questions which it
was very difficult to discuss. He had referred to a report •
which had not yet been made, which might lead to some
dilloolty, inasmuch as it might imprase the commissioner,
whole report had not yet been made, with the opinions ex-
M their lordships' house, though he was quite sure
Ltinoble and learned friend had no such object. There
seemed to be a general impression that there should be a
fusion of law and equity. With greet respect, he should
rather call it a confusion of law and equity. His noble and
learned friend said the courts of common law had jurisdic-
tion in what was called specific performance. That was a
subject on which he had the misfortune of altogether differ-
ing from his noble and I d friend. It mattered not
whether it related to goods or real estate, • man was
bound to perform his contract; and if he did not
damages might be given against him. The law gave a man
in case of real estate precisely the same relief that he
would have in case of personal estate. Now, courts of
equity had a very different rule. A court of equity con-
sidered that which was contracted to be done as • thing ac-
tually performed. A court of equity treated • person who
had contracted for an estate as the owner of that estate from
the minute that he contracted. Now, there was this reason
why • court of common law could not exercise any juris-
diction, and it depended on a variety of circumstances
which a court of common law could not grapple with. In ,
a court of equity the question might be that the
r could not show a good title to-day, but he
might afterwards, but in law the time was imperative.
The Court of Chancery had already all the machinery and
all the officers necessary to deal with this class of cases;
and to give to the courts of common law the necessary juris-
diction would be to multiply that machinery and those
officers without any possible result or varistiun on the pre-
sent system. With respect to the question of divorce, he
was not surprised that his noble and learned friend had re-
frained from touching that matter ; and no present benefit
could proceed from discussing it until it was regularly
brought before parliament by the report of the commission
which was some years ego appointed to investigate the sub-
ject, but which had not yet communicated its conclusions.
He had a very strong opinion upon this point; but he
would not say a word on it on this occasion.
With regard to the question of testamentary dispositions
he could not understand the dissatisfaction expressed by his
noble and learned friend with the terms of the reference
made by the late government to the commission ; but it
was clear, if his noble and learned friend found any diffi-
culty in getting at a conclusion be had only to give further
instructions. With this question was involved very closely
the consideration of the revision of the ecclesiastical courts ;
and in respect to that, he would say that the legislature,
in sweeping away that which he apprehended could not
very much longer be permitted to exist, must take care not
to strike at what was sound in the priaciples, and good in
the foundation. As far as he further understood the " bill
of fare," as he would venture to call the programme
of his noble and learned friend, there was to be a
bud registration bill, a bill applying to charities, and
a consolidation of the statute law. He (Lord St. Leonard.)
would be found a determined opponent of the regimes.
tion measure. In conclusion he asked their lordships to re-
member that he had only been throwing out suggestions,
and to believe that he was far from desirous to offer any
opposition which was not absolutely called for. (The noble
and learned lord, who spoke from a bench near the throne,
was very indistinctly heard in the reporters gallery ; and our
report is necessarily an imperfect sketch of a speech which
we were anxious to give verbatim.)
Lord CAMPBELL had listened with great satisfaction
to the lucid and able statemeat of the Lord Chancellor ;
and he must say that he approved highly both with respect
to what he had touched and to what he had abstained from
touching. The noble and boned lord would have acted
most indiscreetly if he had paid attention to what he (Lord
Campbell) must call the absurd clamour that was toeing
made about "the fusion of law and equity." Articles were
appearing in newspapers, and speeches were being made,
demanding that there should be a universal jurisdiction on
all subjects esjoyed by all court', and by every judge of
every kind. This was all very foolish talk. To
concede to such • demand would be to cause
confusion and misery. Were Great Britain a
small state where • single court could administer justice to
all persons in that state, nothing would be mere proper
than to give to that one court universal jurisdiction. But
when you come to a state where the suitors were so nume-
rous that two or more courts became necessary, then • sub-
division of labour must obviously at once take place. In
ancient times, with the Norman sovereigns, we had the
Auto Regis; and that Auks Regis bad juiisdietioa over
every matter that came in question. But the state grew,
and that court subdivided itself into the Court of Chancery,
the Court of King's Bench, of the Exchequer, and of the
Common Pleas. And now what was really and gravely
proposed was that we should return to the system of the
barbarous times of William Rufus and King Stephen.
Certainly he agreed to the principle laid down by his noble
and learned friend on the wooback, that one court ought
finally to decide every ease; and for that purpose, in that
sense of the word, there ought to be a fusion of law and of
equity; end each tribunal should be vested with powers to
decide finally on the cases originating in the first place before
that tribunal. At present • suitor was driven first to the
Court of Equity, and then to the Court of Common Law,
and between the two be was tossed to his exceeding discom-
fort, and at his possible ruin. He hoped, then, that thee
might go in this direction further than the noble and
learned lord (St. Leonard.). They knew from the learned
works of the noble and learned lord, and from his valuable
decisions, that he would be perfectly well able to manage
the question that he had suggested, of whether there should
be a specific performance of an agreement to purchase land.
He (Lord Campbell) did not see why the common law court
should Rot finally adjudicate upon such a question.
!teethe same reasons he thought the power of granting
iujunctions, in copyright and in such matters, might be
safely extended. With respect to what had been said about
trial by jury, he hoped they would look at a proposal of that
kind very carefully. There were numbers of cases brought
into courts of common law, and tried by juries, for which
the system of juries had never been intended. These were
such matters as concerned complicated emanate ; and he
trusted that before long there would be a process established
whereby such matters might at occe be referred to a legal
' functionary, who would sit before a table, examine papers,
and dispose of the question involved summarily. But when
we came to Ruestionsc f libel or defemation, of personal wrongs
or constitutional questions, involving last' as well as law,
then he did say that the jury was the best tribunal that had
ever been invented, and he hoped and believed it would
long remain a popular tribunal in this country. He could
say for himself, speaking after his experience as a judge,
• that he thought that juries were much more likely to come
• to just conclusions on evidence than all the judges of Eng-
land. He should lament the day when, as • judge, he was
, deprived of the assistance of a jury. Juries were always
perfectly ready to receive the assistance of judges;
and he would emphatically say that a judge
. without the assistance of a jury would di-pose
in a very unsatisfactory manner of a large class of gees-
, tione. With respect to the question of divorce, he was de-
cidedly of opinion that the Lord Chancellor would do right
fir the present:to abstain front touching it. As regarded the
question of the registration of deeds, he (Lord Campbell)
would make but a very few observations. He did most
deeply lament that a measure of this kind would meet with
• the opposition of the noble and learned lord opposite (Lord
St. Leonardo). He entertained a most sincere admiration
t for that noble and learned lord's abilities as a lawyer, and
• he knew that that noble and learned lord was a most coa-
t summate master of his art. His opinion en such a ques-
t lion was entitled to the utmost respect, but he (Lord
I Campbell) hoped that high opinion would not pre-
vail against what he believed a very desirable reform.
. But the noble and learned lord appeared to be apprehensive
t that a system of registration would have the effect of taxing
• the landed interest ; but why should the expense be more
. in England than it was in Scotland or Ireland? The
t system prevailed in Scotland, in Ireland, though in Ireland
it had not been so well-conducted, and in all our colonies.
l Why, then, should it not be equally applicable to England ?
l He could discover no reason why it should not, though he
I should be sorry to see the plan tested until all the statutes
• bearing upon the subject heal been well silted, and the
• measure of legal reform as now propounded by his noble
• and learned lord, put into full operation as a whole. (Rear,
hear.)
The bill was then read a first time.
ENGLAND AND FRANCE.

The rising to ask

whether there would be any objection to lay .n, the table a
copy of any communications which might have passed be.
tween the French and British governments respecting the
establishment of the French, said lie certainly should have
postponed giving this notice of motion, had he had any ides
that the matter to which he was about to refer was to be
brought forward in another place. Had he been aware of
that fact, he should have preferred waiting to see if the ex-
planation given elsewhere was so far satisfactory that it
should be sufficient to convince him anti the country that
her alsjesty's government did not sympathise with the ex-
traordinary paragraph which occurred in the speech of the
right hon. gentleman the President of the Board of Control,
uit was reported to have been delivered at Halifax. lies.
ing, however, given notice of his intention to introduce
the subject, he felt bound to go on wi.h it ; not that the qucs.
non to be settled in his mind was as to whether a particular
iodividual made use of certain words without previous de.
liberation, but it was whether the government of this
country and the government of France, remained upon the
same cordial terms of amity and friendship w hich they had
been accustomed to hear with so much pleasure. (iltar,
hear.)
The Earl of ABERDEEN said—My lords, it is not ne-
cessary to give any assurance to your lordships of the
earnest desire entertained by her Majesty's government to
cultivate the most intimate relations of friendship and alli-
ance with the French nation. (Cheers.) For true it is,
that so long as the policy of France is tho policy of
peace and friendship with all the world, neither we
nor any other state have any sort oh right to interfere with
the internal affairs of France—(hear, hear)—or the form
of government—Cheer, hear)—or even with the dynasty
which the French people may please to adept. (Hear,
hear.) My lords, I ant happy to assure the noble marquis
that the best writable understanding continues unbroken
between the governments of the two c untries, nor is there
anything that can appear in any shape a hatcver to indicate
a desire on either side to interrupt or dim nish the com-
plete understanding. (Cheers.) Well, my lords, having
said thus much, I will venture to say that no
person is more eager to maintain this good
understanding and good intentions than my right hon
friend, to whose speech the nubile marquis has referred.
(Hear, hear.) The noble marquis has omitted to describe
the circumstances under which that speech was made. It
was a speech made to his constituents with a freedom of
expression iu which, perhaps, he employed inadvertently
terms which he would not have used hail he been address-
ing the House of Commons. (Hear, hear.) But lam sure
if the noble marquis only recollects the circumstances under
which the expressions were used he will find a sufficient
excuse for them. My right hon. friend was ad-
dressing his constituents, and arguing against the
wish which he perceived to exist amongst some of them in
favour of universal suffrage and the ballot. He pointed
out with that freedom of expression, which I dare say he
very much regrets, and which, had it not been by way of
illustration, he would not otherwise have used—he pointed
in argument, which, good or bad, was a perfectly legiti-
mate argument, that the existence of universal suffrage and
the ballot in France had not prevented a state of
things and a state of law iu France, especially as affect-
ing the freedom of the press, which he should re-
gret to see in this country. (Hear, hear.) Well,
now, that is the substance of the statement of my right hon.
friend. There is nothing to complain of in .t, nor can any
man find any thing that he can possibly object to in the
spirit with which my right hon. friend spoke. (Hear hear.)
I ant assured by him, and he says it with the utmost sin-
cerity, " that nothing could be further from his intention
than to use words which could be considered as offensive to
the Emperor of the French ;" and he " regrets that any expres-
sion should have fallen front him," upon that occasion, " upon
which such an interpretation could be placed." (Hear,
hear.)
The noble marquis did not prim his motion, and the sub-
ject dropped.
MERCANTILE MARINE.

Lord COLCHESTER, gave notice that to-raorrow he
should ask whether it was the intention of the government
this session to introduce any measure to consolidate the
law relating to the mercantile marine.
The other orders were then diwoeed of, and their lord-
' ships adjourned at a quarter to 9 o'clock.

HOUSE OF COMMONS.—MONDAi, FEB. 14.
The SPIAIIIII took the chair at the usual hour.
NEW MEMBERS.

Sir John Young, LCrt., retcntlyelecied fnr the county
of Cavan, and Lord Alfred Paget, for the hcrough of Lich-
field, were severally introduced, and took the oaths and
their seats.

GENERAL COMMITTEE OF ELECTIONS.

Sir F. T. Baring and Mr. Fortescne were sworn in as ad-
ditional members of this committee.

Sir J. TROLLOPE presented a report from the same
committee, stating that Mr. Vernon Smith, Mr. Owcn
Stanley, and Mr. O. A. Hamilton had been appointed u
chairmen of election committees.