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which the case could be allied, why, he would ask, vies an in-
junction granted in the first instance? Why this interference of
Count of Equity with Courts of Law ? By the statute of Edward
the Sixth it was enacted " that no matter determinable in the law
courts of the realm should be entertained before any other tribunal"
This tyranny and domination of equity over the law of England
should cease. If there was an at cumulation of business in the
Court of Chancery, and if delays did exist, to the great inconveni-
ence of the suitors of the Court, it might, upon inquiry, appear that
these delays in the regular hueinesa of the Court arose from this
species of interference, which ought to be discountenanced and • date.
nnct line drawn and observed between the duties of (Puns of Law
and of Equity. (Hear, hear.) The gemleman to whom he al-
luded had been thus left, after a recorded verdict in his favour, as
though it had not been pronounced at all. Ile would next advert
to a case which the lion. and beamed Gentleman (the Solieitor-
Genteel) would not forget, who he was glad to see in hi. present
place, whether he wet meted to it by special appointment or not.
It met the nom of Cobb se lord !Maniere The delai there arose
merely out of an interlocutory proceeding--out of tine of those
dayertrinnents which ore occasionally got up, alternately " to please
and tease" the suitors of the Court. This was a case which oc-
curred in 1812, and he should be bore out by the lion. and
Learned Gentleman (the Solicitor-fiercest), if a wonderful forget.
fulness had not lately conic over him, in the correctness of his state-
ment. It had been forty times in the paper, and although the in-
terlocutory matter, which was formal and unimportant, had been
disposed of, yet judgment on the essential pious of the case was
still depending ; the body of the case had been ie of. It
remained sell for judgnient, and might remain so until a more
ser:otts slay of judgment ehrealel arrive. (Hear. hear, anti a laugh.)
The last ease to which he 'Mould refer was pee which sould de-
ether in all its branches the abuses he had compliannt of, and
powerfully illustrated the potations he had ;terrain...ly laid down.
It was • case to whirls he had partially re'e-red before; it wax one,
he believed, that was well known—" Pena r. Middleton." A
bill was filed in 1791 in this suit ; it was for the production of cer-
tain accounts of an othee, on which there happened to be a wind-
mill, and this wind-mill was me the least prominent or important
part of the property that formed the subject of litigation. The
suit had commenced in 179.1. and on a reolonable and moderate
expectation, it might have been expected to terminate at furthest
slat. 17116. But it remained slumbering in the Master's
office until 1015. Ile would not make this a subject of com-
plaint against the Master's office; for he was not prepared
to say that in the intermediate tittle the subject had been discussed
or revived, or that the case wax one, the urgency of which demand-
ed that it should be speedily disposed of. He aeributed its slum-
bering then an long to the dormant nature of the Court of Chancery.
lie would recommend that a Rapper should be kept for the Cmart,
in order tie awaken the many suits that were long destined to sleep
there, unless reemiree were had to smite such expedient. (.1 laugh.)
Before the case had nearly arrived at a termination, the wind-mill
which bad since dimppeamil, and of the site of which scarce a n:e.
motial remained, bad since become quite interirovra and connected
with this well-known case, to the history of which it was as impor-
tant as the siege of Troy was to the Pied. When the litigation
had advanced so far as 11118, it was not worth the paper with which
the wordy litigants carried on their warfare. It owed its celebrity
principally to the circumstance of having concerted intn a caricature
the Coon of Chancery. The caricature was painted in Chichester,
*Lich place the flea. and Learned Gentleman opposite fermented,
and therefore he nom be able to know how nearly its inhabitants
approach the Beano) character. The Court of Chancery was re-
presented as this wind-mill, pervious to all the winds; the inha-
bitants of Chichester were placed in view of it ; it was addreseed to
the Bar, and had underneath the appropriate motto, "Sire jedice
fie eq." (A laugh.) The lion. and Learned Gentleman opposite
(the Solicitor General) produced it himself in Court on one occasion,
in the year 1818, to the eosins!' discomfiture of the gravity of the
Courtsof Equity, which was not to he wondered at, considering
the effects which thew Conies reduce upon the country. (A laugh.)
In 1817 two exceptions bud been taken to the bill filed in this
suit, the decision of which left the main question undecided. The
Hon. and Learned tlentleman then read a bill of coyest, continu-
ing from the year 1817 to the yen 11122, during every term of each
sucensive year. The Chancellor had frequently promised judge.
went M the course of the litigation, and the lion. (lentleman ex.
cited much pleasantry In enumerating the various instances in
which his Lordship postponed judgment. Ile enumerated also
the various items charged for the attendance of solicitors, for re.
tirenees to masters, far the tieing of counsel in the argument on
those exceptioes, and other law expenses, the itetns of which
amounted to Mil. Thus they were thirty years passing through
stages of the proceeding, and, for the sake of dramatic effect, they
would take fifteen years before the third and final act was coin.
plated, by which time either judgment would be obtained, or the
whole of the litigated property would fall into that Charybdis of
Chancery, the dead-fund. After such cases ax these Is hail cited,
would it be said that there., not exist justifiable grounds of
complaint foe delay ? Let miefidence miser —let dexterity evade,
and hardy firmness horsy,--here stood proofs and dectinients of his
anertiona, canspicutrus gad unremoved. (Cheers.) it had betel
asked, when this subject was Steiner brought forward, what system
he would substitute for that at present in operation ? It WitS not to
be expected that asysatiefactory system could be proposed by him,
who wax aimaileaet ignorance of the subject, however he endea-
voured to make asp, by dilieenee anti attention to it, what he might
be otherwise deficient in. He war not prepared, use any
person be expected to be so, to say what schefne koiad to
adopt; such& scheme, to be satisfactory, could only be the It of
the inquiry he courted. (Hear, hear.) Waving any to
pl:
suggest a scheme or system, he would throw out a fferin=a,
which., in the eanskieration of the subject, might not be a -
ins of notice, The llou. •M ember for :Milberg (Mr. J. Smith)
tau night adverted to the stamp duty, and in the proposing of the
reductioa of that impost, Ile coincided in opinion with him. This
was a nainoe_rievance to others. There wax a practice in the
Register's ()flke, in the return of the orders, to introduce into them
the bill and newer to which they referred. The mandatory part
was very brief, and contained in a small compute. The introduc-
tion of the bill and answer here greatly augmented the expenses,
and was unnecessary, for there wax • rented of them already in the
Court. Lord Kenyon had ...aid, when he was Master of the Rolls,
nary weed in such documents cost the suitor a shilling. There
ittt
ninety folios in each of three dectiments, and only six of them
ed of relevant matter. There were but ninety words in each
and thus each one of these folios that were relevant, ax well
as thogreater part of them that were not an, amounted to the ex.
erisitant charge of 21. Ma upon the sultan of this Court. This
was &charge that could not be justified on any equitable principle.
Ile supposed that upon 'hie es on all other subjects, his informs-
ton was incorrect; lie understood, however, that the charge at the
office was three shilling'', though the price of the stamp was bat
feurpence. Ina cause of Chinnery and Chinnery, the poor and very
wretched widow was desirous of proceeding as administranix to
her Intsband, and she was advised by her respectable solititee not
to proceed, as the order would surpass, in point of expense, the
amount to which, under her husband's will, die was entitled. Vet
they were told that there was no grievance. no delay, no suffering
in the Court of Chaticery. 'l'he next matter to which he shoed
call the attention of the Ileum wee to the occurrences in the Man.
tea office, with respect to what were termed the Master's report.
Wheel a direction was given in the abater to take an account be.
tweet luigating parties, the object wax to intone the Court what
was the state of the property of the deceased. Here again he was
credibly laureled. that when the report ass funaehed, not only
did it onnain what wes the state of the property, but a schedule
was appended, cuotalniug every article of property of which the
deceased died posaeseed, from the most valuable down to his
pail of dippers. (A laugh) 'rhea: reports cost generally RV.
not asides* AIL sommintes atif. and men 484, and not a little
of this dente seemed to him, with the Imperfect light that
he posgesW , incurred for no other purpose than to perplex
the suitors el that Court. lie had no doubt that until Some
interference with the system commeicol, tidier there or else.
where, these thinge would continue, ax far as the Court itself
via concerned, so permanent ',coned to all the tenure by which
the Noble Lord preserved his officinl station. It was a mere vi-
sionary expectstitin to fancy that that Courtwould ever reform a-
nti--a unlike the notion of the hair-brained knight, that hie
wire would starve hituecifto death when his back was turned. Ile
was told din a practice was now nual among the abater' of that
ileemseable Court ifs issue forth their warrants to four different an-
liciten eentainti at the same time. If they all obeyed the warrant,
the comognence of their punctuality was, that • scene of unsung
and hotelmen and, sometimes, even more active hostilities arose, in
order to amain whet was termed a free audience. Ile was told that
many of the solicitors were thus disappointed, end many such
n outrage peered away inoperatively. 'Po set himself right with a
reepenalde body of men—to densunstrate as it were that the odici.
tune had no interest in `• the law's delay"—to rescue them front any
weekend regard tat the administration of law as it was there 'ulna-
estered, be would state one or two circumstances. At the com-
mencement of a CIIIIV, tied in its cute, stages, she solicitor
was compelled to nuke heavy advances: the payment of coma-
eel,' fen, kw instance, in itself often no telltale amount;—if,
et :acne, he was to bo kept out of his money till the canoe
was huts!, which mount a period of 211 or SO years he would
either have the phaeure at working for fleabite.; at all, or
IMP land charge something snore than that to which he was
*tried, emitted: hut if, with a scrupulousness which In of •
too reinantie character easily to expert, and whirls was in truth
mere romantic then henna, the ',theater charged merely that
to which in strictness he wee entitled, then would not he not tie half
paid, aid therefore it followed that he was not interested in those
delays. Ile thought it right to env Mita touch in vindication of •
most respectable body of 111L11. These were the mere details of the '
question. Ile dunda now advert to nee of twit subjects Of a more'
general mature, which it was tit should be deliberately investigated,
Ana by that be meant not at the emcee-mon of official permeates__
not by the opinions of men interested in the present delays—but by
the universal opinion tat both parts of the prukesion. Ile approach- i
ad cow the ominoualy phrased part of the rase, called the dead-1
weight, amounting at prevent to the SUM of 200.001.11. above one mil.
hon. He was aware that by Act of Parliament s• nut' part of that
sure was appropriated • but wish reference to future antes, it Wight
tat be subjected to deliberate inquiry whether, with reference to this'
:end, some more expealitirsus way of giving waiters relief :night not
be deviled. lie thought that Me Accauntant-Coceral should
tome ocenitmal notices from hie office concerning the WIC • of
'lint turd ; but he pretended rot to Say miser at lament
Ilan that it was • subject well meriting inquiry. Again
on the subject of bankruptcy : on that point he was certainly of
opinion that there shnuld be orer the department of bankruptcy a
jut-indiction detached from the duties of the Lord Chancellor, and
tor this reason--the pt.' formance of that duty commenced its modem
times; until the time of Curd Nottingham there had beet: no in-
terference at all by tile haled Chancellor in such cases ; fur three
eueesative Chancefawships there had arisen not mere shun twenty.
one instances is which such an interference took place. It was not
timid Lard Hardwickea time that tliejurholiction eeterided, and it
wax • jurioliction not to be justified by mated principles more than
at was by salient precedent. On the subject of appeals, he had
spoken of it as an upper from the Lord Chancellor in one Court to

his opinion in another. It wan what his HOll. and Learned Friend,
the Member for Winebelies (Mr. Broughau), had on a former
occasion, in classical language, or rather in classical allusion,
termed an appeal from Cesar to Cesar, a if he (Mr. Brougham)
would excuse him, an appeal from Phillip to Phillip. The ancient
appeal from Phillip drunk to Phillip sober was well underloond.
It was an appeal from outrage and excess to calmness and consi-
deration and humanity. Therefore the appeal from Phillip drunk
to Phillip sober he could understand, hut he undo' not understand
an appeal from a Lord Chancellor sober to a Lord Chancellor
equally sober. Indeed the tendeaey of such a system had been
' completely anticipated by the Right Hots. Gentleman opposite
( 3lr. Secretary Canning) when he ventured to predict that II was
only another addition to the sufferings of a patient, who had already
(wen bled through the Court of Chancery. The event had proved
the correctness of the Right I lon. Gentleman's anticipations. One
hundred and forty-four causes were set down to be heard when
the V ice-Chancellor wax appointed ; there were now one hundred and
four appeals, and in II:23 there were one hundred and nine appeals.
There was another subject to which the attention of the House had
frequently been called, and which abundantly deserved to be consi-
dered. lie meant the separation of the political front the judicial
character of the Lord Chancellor. In the first place, in the misfit
of an argument in which the fortune of an individual was concern_
el, he had to spring frosts the Bench to take into consideration vs
subject in which the interest of the whole nation was engrossed.
The consequence of such interruption hail frequently been deplored
by the Noble and Learned Personage. was clear that forgetful.'
ness must ensue, and then the very revival of the 'subject implied a
loss of time. But independently of this consideration, lie asked. if
such unceasing panegyrics were passed upon the Constitution—if it
were true, as it wax supposed to be true, that the Judges only
wanted to be relieved front the influence of the Crown to be ren-
dered independent, and that such relief had wisely been given
to them—what was there in the case of the first Judge of the land
to render it different? Why, it true with respect to other
and inferior Judges, was it not true with respect to the lord Chan-
calm ? I Ilion that point he, however, offered no opinion ; he only
asserted that the subject was fit for consideration and inquiry. He
was now about to bring his arguments to a conclusion ; and he was
desirous very shortly of considering the charges which, during the
last Session, had been brought against him. It was said by his
llion. and Learned Friend, now the Solicitor-General, that all the
eases he had produced came from one single office-one solitary
offirifia, as he classically termed it. (A laugh ) He had endeavoured
to improve by experience, and he had produced that night no one
case from that office, and no two from the same. (Hear.) It had
then been said by the Noble bud, at that time his 3fajorsty's At-
torney-lieneral (Baron Gifford), that the praise which he had be-
stowed was censure and sarcasm, and reserved, like the sting in the
tail of an epigram, for the conclusion of his speech. The Noble
Baron, too, added, that if he could suppose any compliment FIN.
ceeding front hint (Mr. William.) could be pleasing to the Lord
• Chancellar, It was a very ignorant miscalculation. I have, said
' Mr. Williams, therefore been most cautious of giving the Lord'
Chancellor such offence. I have studiously abstained from men-
tinning his name from the commencement of my address to the
present moment, nor will I. Li laugh.) lf, therefore, for the ,
I sake of dexterous practice,an argutnent were now put in that shape,
! it would neither have the effect of novelty not the merit of fact.
((dear.) He owned he was at a loss to discover what went the ob.'
jections to inquiry. Suppose it should turn out, on this inquiry,
due as it was to the country, that the machinery was perfect, but
the agents incompetent, it would be cuter to change the men than
to alter the system. If, on the other hand, the result proved that
the machinery was faulty and imperfect, then came that question—
what was the cause? and then again—what the remedy fur such
imperfection ? If inquiry were now refused, every reflecting man
in the kingdom would at lout know, that though abundant evidence
existed of the distress and suffering incidental to a Chancery litiga-
. It was however a species of distress without remedy. Ile.
fore any of the lion. Gentlemen opposite commenced their
panegyrics and eIICOMIIIIII,I upon the 'Noble and Learned Lord,
he would wish to ask them a single question. If, under
such high management and perfect guidance, the Court produced
such sad and bitter fruits, what must be that system under
future guidance ?—(cheers)—what must be the condition of the
people of England, when the power devolved upon inferior persons,
and, comparatively, incapable hands. It' was said that lie had, in
the former discussion of this subject, brought it forward lOU late ;
and this deficiency he had endeavoured to atone for it. The time
now, however, was especially convenient for the inquiry, from the
absence of all other important considerations. The time, the state
of the case, and justice to the people of England, called alike for in.
quiry. Was it prudent to refuse it ? (Cheers.) If it were refused
then, it could not long be withheld t—at no distant time it must be
obtained upon compulsion. He krew the robust habits and the in.
veterate prejudices against which he had to counted t and when,
perhaps, the moat resolute man this country ever eat (he alluded,
to 1 Meer Cromwell) failed in bit intended reonnatioe of the abuses
of that Court, he was not vain enough to expect success. Ile, when
in the plenitude of his power, made that attempt, and without
realising his expectations ; that failure the Protector thus express-
ed :—" I have freed from tyranny the kingdom —I have conquered
the church,—l have kept down the people of England, and I still
keep them down,—but these lawyfrs, when I begin to meddle with
them, lam covered with failure.' (Cheers.) Whether this, Sir,
shall be the result of a motion which meddles with lawyers, I know
not ; but I shall no longer abstain from humbly moving, That a
Committee be appointed to inquire into the delay and expense of
the Vent of Chancery, end the causes tbiraeL--The Honourable,
Member sat down amidst lead sheeting.
The SPEAKER then purthe queation.
Mr. Secretary PEEL rose, not for the nowise of reptylog In
detail le die statement of the Ben. and Learned Gentlanaiti. in.
deed it was not to be expected that he could follow hint, for it re.
quired the skill of a professional man to enter into the various
statements with which he had amused the House. To his Hoek.
and .learned Friends (the Attorney and Solicits/ General) he
should leave, if they thought it fit, slit task of entering into these
details. Whether they could be at once prepared to answer casts
upon which they had no previous infomeation, and thus to account
for the various causes of delay, was a subject upon which itsas
most natural for him to form an opinion. Ilia sole reason for
rising was, that as this subject had for sense time occupied the at.
tentiordof his Majesty's Government, it WY right the House 'Mould
at once be put in possession of the views orlssdi they entertained
on it.

---1;;;d A. HA3IILTON (across the tabley—llow long have they
entertained it ?

Mr. Secretary PEEL could assure that Noble Lord who two,
irregularly had interrupted him, that he slunld not by such intro-
ruptions be prevented front delivering his opinions. The questions
to which the !Immutable and Learned Oentleman had, with an
ability and moderation for which he gave him credit, called the at-
tention of the House, were the followmg-
-Ist. Are these delays in the Court of Chancery ?
2.11 y. What is the cause of these delays ?
3dly. What remedy, If they exist, should we pose for them ?
The Honourable and Learned Gentleman had said that it was the
habit of this House to speak In a tone of confidence and bolehnsx to
which he knew no parallel, denying that there were delays in the
Court of Chancery. He (Mr. Peel) had never heard such denials,
and he was quite tronvibced that for the last 111 years such delays
had not only been admitted to exist, but remedies actually devised
for their diminution. In the last year, when the Appellate Juris-
diction was before the House, the delay was not denied. He ad-
mitted the delay, and the grietous consequences of that delay, and
he was not bohl enough to IRvit the answer anticipated by the Ho-
nourable and learned ientleman. That the delay existed was not
to be questioned, but that it was attributable to any one he utterly
denied. No intellectual, no corporeal strength, was equal to the
labour' tithe Lord Chancellor's station. Having admitted tile delay.
he proceeded nest to the causes of that delay ; and if any Honoura-
ble tiendeman would compare the business of the present period
with the business performed in the Court of Chancery 80 or 78
years since, he would perceive at once that the increase had
been quite as great as in any other Court. [Meed this was to be
expected, considering that t' :e population had doubled within that
time. The increase, ton, of funded property had thrown a consi-
derable increase of business into that Court. Lunatic petitions, too,
had greatly increased, as would be seen front a of ten
years during Lord llsrdwicke's Chancellorship with dla same num-
ber of years of !And Eldon's. Front 1737 to 170, the number of,
orders made in such cases =roomed to 4114. From 11181 to 11110, in
Lord Eldon's Chancellorship, the ntunberof similarorders amounted
to 1.139, an increase of more than double : bat from 1814 to 11123
, the number amounted to 2,d31, ensuing that fire times (benumb',
of miler" had been made by Lord Eldon that had been made by
Luni llardwieke in the same course of tinsa Again, with respect.
to appeals to the House of Lords—
Front 17110 to 1770 -
1881 1810 - 448

If to this ea added the lammed pressediur In am Cow, io calm
of bankruptcy—
. cir

erom 1770 to 1770 _
1790 1800 . 1.000
But in the last year there had been 2,000 mars; The numbs, se
bilk tiled, too, hati been increasing proportionably, Ind the sum
at the disposal of the Court halt increased. It was in 1740, 129,0001.;
in 1820 it amounted to 3-1 millions. Now he was aware that this
gradual increase might be attributed in some (levee to the delay
(hear), and it might be difficult, he admitted, to ascertain what
might be the exact portion which was tree from such an imputation;
but he should chew that the money thus placed had graually in-
creased :

In 1740 it amounted to £11.0.000
1746 - - 130,1100
1700 - - - 3,110.000
17110 . . 7,0110,11011
1300 - . 17,5110,000
1020 - . 34.000,1N10
These were in his mind conclusive proofs of the gradual progress
of the business of the I'mirt. When, therefore, an attempt was made
by the Hon. and Learned Gentleman to• excite prejudice against
lend Eldon, and to attribute to him the delays inseparable
front the Colin, the charge tell hannleas thorn hint, and left us•
Aston :shed how any one mind was competent to the despatch of so
nitteh business. Let the house look at the attendance given by the
Noble Lord in the House of hernia, and let them. for that purpose,
take the two cases of the Berkeley and the Roxburgh peerages,
cases in which the lewd Chancellor attended the Comntittee of
Privileges, and they would find that iu the Berkeley ease slope
his Lordship sat for thirty-four days, from ten until four o'clock;
in the Roxburgh case for ninety-four days did his Lordship give
his attendance. And really, while they were on the subject of
CIiCT2IIICCS, he would mention one which appeared to him no slight
irtliction. It rested on the evidence of a gentleman known to
ninny members of that linear upon the respectable testimony of
31r. I:tnerper. In the Hos burgh case, one counsel alone occupied
the attention of the Brame of Lords for eighteen ntinutes. The
I louse would say No." Well, could it be possible, that one
single counsel could last for eighteen hours? (A laugh.) What
aill the country gentlemen say, when they hear that eighteen days

leas eeenpied by this ihdetatigable advocate? (A laugh.) When
they
.were complaining of delay, it was really insult, while con.
*Smog what portion of it was attributable to others as well as the
Lead Chancellor. In the course of the last Session of Parliament
the attention of the House of Lords was drawn to the Appellate
Jurisdiction ; and they came to the conclusion, thai it was mani-
festly impossible fit: any person to perform the arduous cloths at.
tached kr the laird Chancellor's high office. With a view of
meeting the difficulty thus suglested, that Comniission was formed
—their labours have been brought to • successful termination,
and they have given great satisfaction. l'he particulate attention of his
Noble Friend (the lairdChanellor t had been directed to that subject.
A commission had passed the great seal, directed to the same
points as the motion, excepting the proposed inquiry into the poli-
tical character of the Lord Chancellor, which lie would take leave
to say, without any disrepeet to the House, no Committee of that
!louse was competent to decide. (!fear, hear, hear.) %%lien the
question Caine to be discufsed, whether it would be desirable to
divest the Lord Chancellor of the political duties of his office, he
trusted that so imporion a change would not be unaccompanied
with the most serious consideration. (Hear, hear, hear.) He could
not avoid remarking thar the objection stated by thr. lion. and
Learned (leatlemnn, had not been always felt to the same extent
at float as that Hon. and Learned Gentleman had represented it to
exist in his niind. At no very remote period it had nut operated
so strongly on some of that Hon. and Learned Gentleman's friends;
Its they, acting in conformity with the practice of the Constitution),
had felt no difficulty in placing the same Judge to preside ov;:r the
administration of the criminal law on' the land, who sat over the
highest of the civil courts. The fact was certainly no orgeorsen firm ad
leraiNem, and he (Mr. Peel) only quoted it has a proof that when
others were in lower the objection to the union of the judicial and
political functions of the land Chancellor's office was not held to he
so strong as the cheers the Hon. and Yarned Gentleman had receiv-
ed that evening would have seemed to indicate. (Cheers.) It had
been asked by the llon. and Learned Gentleman why, as a Com.
mitten had been appointed to inquire into the Scotch Courts of
Justice, • similar Committee should not be appointed to inquire
into the Court of Chancery ? Ile (Mr. !'eel) had no hesitation in
admitting that an inquiry into the proceedings of the Court of Chan.
eery would be attended with great benefit (hear) for, without imput-
ing any blame to the Judge who presided over the Court, it might
easily happen that the forms of proceeding instituted in ancient
times might not now be the best adapted to the interests of the
suitors at present. (Hear, hear.) He admitted, that if it appeared
that °l'll° folios of the bill read by the lion. and Learned Gentle.
Dian, only six were relevant to the issue, • reduction of the re.
omitting 84 folios would be not only of great importance to the
administration of justice, but as a matter at mat gamy to the parties
concerned. ( !fear, hear.) Again, when the Hon. and !.earned
Gentleman asked why the Accountant-General should not publish
an account of what was called the dead weight in lancer', as the
Bank did of the unclnimed dividends, he, (31r. P.) without pro-
fessing to have any information on the subject, speaking rely as
an unlearned suan,a4yreed that the suggestion aopeared to be a very
proper one, and he could not retrain from acceding to it with only
this reservation—unless more cogent arguint:ints should, upon fur-

door investigation, appear to the contrary. Before he left the prac-
tice of the Court, he had no difficulty us saying, that its him n ap-
peared that the whole progress of a suit, from Its commencement
to its close, ought to be narrowly examined prospectively, with a
view to ascertain whether any unjust and pernicaous delays were in-
terposed in its progress, either by the solicitors, by the courted, or
by any other quarter. (Hear, hear.) With respect to the removal
of the bankruptcy cases from the Lord Chancellor, as it appeared
that that part of his jurisdiction was not inherent in the office, but
had been devolved on it by Act of Parliament, it was impossible to
deny that that was a lit object of inquiry also. Generally speak.
ing, three could be no doubt of dm propriety of inquiring what ins.
sineo could be abstracted from the office of Lord Chancellor. It
was not to be forgotten, that Sir Samuel Romilly had doubted the
propriety of withdrawing caws of hanknietcy from the jurisdic-
tion of the Chancellor, and such an authority war entitled to the
gravest consideration. (Hear, hear.) But to the inquiry itself, be
(Mr. P•) had no objection. provided it was conducted by those who
were most competent to it. Such a body,ffie thought, might be
constituted, lie knew that it was difficult to direst questions that
came before that llouse, of the prejudices of party politics, and
therefore he was apprehensive that it was almost impossible that the
Han. and Learned Gent. should not consider that his (Mr. Peel's)
' sole object was to defeat the attainment of a committee of inquiry.
1(" !fear," from Mr. J. Williams). He would assure that Hon. and
Learned Gentleman that his opposition to the motion was founded
'altogether upon his conviction that a Commission more competent
might be instituted by the Crown than any Committee of that House.
(lieu.) Suppose, upon such a Commission, the Crown called in
the aid of the great luminaries of the law, who had retired from the
Bench, and those who had been the highest practitioners in the
Court—such men as Lord Itedesitale (hear, hear), and Sir Wm.
Grant (hear, hear)—suppose that these eminent persons, who had
retired from the discharge of their duties with the universal appro.,
Nation of the profession mid their country, could be induced to
devote some portion of their time to such an inquiry—suppose they
' called in to their assistance the Judges and first practitioners in the
Court of Chancery,—could there be a doubt that such a Commission
would be mere competent to discuss a muter of such grave im-
portance than any Committee that the House of Commons ~ould
appoint; ((gear, hear.) Such a Commission his Olojesty had
been advised by the Lord Chancellor himself to issue, and to it this
inquiry would he devolved. This course promised more advantage'
than could be expected from any recommended by the Hon. and
1 ttleanne; and lie (Mr. Peel) would tell that lion. and
-I,lleisuMni. Ura
(fAteirsingstbsepboltitronit of such a Committee as
in moved for, (voided with the ofthowmWJest Session, had 0
of termination against-the-Mord MOmellos, to which*
Peel) for one, would never, in any shape, accede (cheers).
r.
he
f Mood alone he would divide the House rather than suffer a
motion so unjust towards the eminent and • respectable indi.'
vidual who presided over the administration of justice in this
eoentry to pass unopposed. (Chews). He was not speaking
M the Chancellor in his political capacity. He was treat-
ing .him solely as a judicial character, as to which he would
allow no comiderations of personal feeling to bias his judgment but
those solely whidi proceeded from strict justice. (Cheers.) He
(Mr. Peel) implored the House not to consent to a vote which
would hare an air of criminatioe. Ile would ever contend that,
as to the judicial character of the Lord Chancellor, no doubt could
waist that he was entitled to the highest praise. (Cheers.) As to
the Clutneellor's political character, he ( Mr. Peel) would bear au
testimony, as his evidence would probably be put out of Court; but
he would repeat, he believed that no individual who had it'll
leteed the public had been more the object of unmerited oblate,
and attack than the Lonl Chancellor. (Cheers). The foulest ca-
lumnies had been stated respecting him, not indeed in that Houser
because the feelings of honour which prevailed among its member
' prevented them from loading their countenance to these
but attempts to produce obloquy had been directed againiaptr=
Chancillor front quarters which ft was impossible for him to IN.
Me. He bad been represented as a man anxious only to preserve
the eaorntous emoluments and pstronage which he was said to pos.
sees, sod forward to resist every plan of reform by whisk bia emu
laments or patronage was likely to be reduced. From his (Mr.
Peel's) conscience lie believed, there never was a charge more on.
founded. The profits of the Aim warn nearly the same as they
bad been for a considerable period. They were large, but woe
there an man in that House of opinion that the office of Lord
Chancellor, for the highest emaible state reasons, ought not to he
splendidly endowed ? Its income had, however, been grossly ex-
aggeratcd. It had rot amounted for the last three years to 12,0001.
after.every reduction had been taken from it, (hear, hear,) and he
was sure that none of those whom he had the misfortune to impose
in that House would grudge that at high an officer should receive
• fitting remuneration. (Hear, hear, hear.) It was right that the
first man of his day should not be tesipted to remain in his profes-
sionalpursiiits because he could draw larger emoluments from them.
God forbid that be Mould consider money as the sole object In re-
g the conduct of men; but, however it might be disregarded
elysillsome individuals, it was not to be overlooked by the public
in adopting general regulations foe the wages of office. (Ilean)
It would be a pitiful and paltry economy that would divest office
of its richly earned emoluments. (Cheers.) Ornc of the most cur.
rent calumnies against the Lord Chancellor was that by which he
was represented as opposing everpecform that tended to diminish
his income. What was the fact ? •Whenever it had been pmposed
to relieve him from any part of the burden of his duties, the wish
be had always expressed was, shut the expense should be defrayed
by himself. (Hear hear, hew) It was grimed, that it was not
to impose *hi champa-nrielk him if the duties bad increased
his physical ability to diepharge them ; yet he had always
ed the point, and imbued open taking upon himself the ad.
expense of the office created to moist him. Towards the
salary of the Vice-Chancellor Laintl. was appropriated from that
of the Lord Chars:cline. (Hear, hear, hear.) There were other
seta of the Lord aancelleewhich, when these base insinuations
were uttered, should be made known to the public, that they might
be enabled to appreciate them It was not generally known that
' he had splendidly endowed oscea in his own gilt. (Hear, hear,
' hear.) &TM years ago newarrangement's were made in the
office of the Secretary of rapts, by which much additional
Ilabour was imposer( upon that officer. At that time the same ho.
lidays were allowed as in the Bank, but the lord Chancellor tied.
ing how inconveniently these liulidaya operated upon the despatch
of businue, determined to reform the mactice, and directed the of-
ficer to attend every day. For this additional ',Mout. some addi-
tional compensation was, in die opinion of the Chancellor, due.
' From what quarter did he draw it ? It was never known
till that evening that he endowed it from his own
the
(Cheers. !'his sacrifice of his emoluments during the seven
yeah hail ansonnted to a sum of thirteen thousand rotunda, which
he had paid for the bent& of the public to an individual,
in order to effect a great reform in his office. (Cheers.) That in-
stance alone ought to diw)rove the calumnies circulated against the
Lord Chancellor. But it had been said that he gave his attention
particularly to lunacy and bankruptcy cases, because he derived
considerable emoluments from them in the shape of fee*. lie did
indeed bestow a vast renion of his time to cases cf lunacy, but he
received in no shape a fee of a single sixpence from them. (Hear.)
They were a matter of indifference to him, but in so far as the nee
meaty of an early decision of ffieni brought them under his notice;
and from this regard to his duty the odious iptia-ence wa a drawn,
that he attended to them for the sake of the emolument he derived
from them. (11 car, heir.) With respect to c Atte% of bankrnpter,
the Chancellor was now occupial, and had been, he (Mr. Peel)
knew cwt how many days—ills learned Friend the Solicitor Gene.
ral could perhaps taco infirm the House (a laugh)--with an appli.
cation analog out of a cue of bankruptcy (r.t-porie Orinistead in
the matter of Howard and Gibbs). '1 he foe on that rose parable
toll the Lord Chancellor was 12s. ski ( lieu, hear.) • Tne !loose
could judge whether that punt was hilly to he an inducement to
mkt: a bankruptcy petition out of the onlMary course of business.
There calumnies he knew had not been mentionol, nor had they
received any countenanot in Cat House, because he knew that lie
bed there no deal with sienauf honour. There the question as.
sinned a different form. Adknitting fully the integrity and abi-
lity of the lord Chancellor it was contended that his habits of
indecision end delay were productive of the greatest mischief. But

If the Hoene found a man, after twenty-two years service on the
judicial bench, possessing unrivalled talents and unspotted inte-
grity—even if he were somewhat indecisive—would not every
motive of sound policy. permit, nay, in outsider:lion of his splen-
did abilities and solid virtues, compel them to obliterate the re.
collection of some hesitation in the discharge of his duties ?
(Loud cheering.) " Because his failings, leaning to Virtue's side."
made him unwilling to pronounce that judgment by which he was
to raise one family to prosperity, and inflict perhaps utter ruin
upon another, he did not deserve condemnation. Even if he was
constitutionally unwilling to give judgment, the House, recollect-
ing the infirmity of human nature, should throw into the other
scale his universallv-admitted high talents, and as spotless an inte-
grity as was ever before witnessed on the judicial bench of any
country in the world. (Loud cheers.) In fact, it had been shown
that the delays arose from the enormous mass of business that had
accumulated in that Court. There were instances, it had been
alleged, in which the hold Chancellor had been called away front
the consideration of causes which had in consequence, it was sup-
posed, been forgotten, and that delay hod thus intervened in the
progress of the suit. The Honourable and Learned (lentleman
had alluded probably to the Lord Chancellor's attendance when
the Recorder made his report before the King in Council. It was
the dutr of the Lord Chancellor to advise the King as to every
case. His mind was then to be diverted from cases of equity, and
brought to the consideration of those involving life and death. it
had been his (Mr. Peel's) lot to send for the bard Chancellor on
some of those occasions, and lie cmtld assure the House that the
performance of that duty consumed no small portion of the Lord
Chancellor's time. There were, perhaps, 411 or MI canes through
which he had to travel. The consequence wa•, that, on retiring'
from the Conn of Chancery, he had to apply himself to the reading
of each individual case, and not unfrequently he was in the habit
,of abstracting notes with his own hand. ( !fear, hear, hear.) In
more than one instance the rising sun the next morning hsd found
him still occupied with the task which the night would not enable!
hint to cothplete. (Cheers.) After having been fourteen hours in
, the Court of Chancery, he was sometimes fiir seven or eight hours
I afterwards engaged In the consideration of the cases of those unfor.
tunate individuals whose life or death depended on his advice-
' (Hear, hear, hear.) If the consequence was unavoidable delay
occasionally in some cases, could it be fairly imputed to the lode.
cision of the individual ? If, indeed, it was proved that he ,
gore himself tip to idleness or indolence ; if he did not fully de..
vote to the public service the time that was due to the public ; if,
for 22 years, he had not denied himself every indulgence and plea. I
sure, and cut himself oft fruin the society of the world, in order to I
! perform his public ditties, could it be fairly urged as a matter of
blame because he was not physically able to go through the whole
of the ditties that devolved upon him ? (Loud cheers.) While he
(11r. Peel) carefully guarded against suffering his personal feelings
from interposing in tic consideration of this important question of
public justice, yet, when he recollected the speeches delivered on
this subject last year, notwithstanding the moderation with which
die discussion was that evening prefaced by the Honourable and I
Learned tientleman, he was of opinion the concurrence of the
House would lead to an inference of the sane nature, and as
he could nut consent to any motion for the crimination of the Lord
Chancellor, and as he believed the House joined with him
in that sentiment, he hoped nee would reject the motion, and
he was satisfied the counery would confirm the decision. (Cheers.)(
The public were not ungenerous or ungrateful, and he was satis-
fied that they did not wish to see that rare and eminent man, who]
for twenty.two years had administered justice in the Court of
Chancery, with that honoured name, which, whatever temporary
obloquy might attach to it, would, illustrated as it was by the sett
vices df Eldon and Stowell, yet shine conspicimite in the judicial
annals of the country, sink beneath successful calumny, and sutler I
hiedeclining days to be embittered with stigma, or evenwith the ap-
pearance of stigma (loud cheering) ; and he believed, if the House
resolved to prevent so unholy a consuniniation, the people were ge-
nerowi enough to support the House in that decision. The Right
lion. (lent. then sat down, amidst loud cheering from the 31iniste-
rial beaches.

31r:A1lERCROMBV said he could not refrain front giving
his sincere and unqualified congratulations to his Hon. and Learned
Friend (Mr. J. Williams) on his success. (Meer, hear, hear.)
The congratulations he had to oiler to the public would be subject
to some qualification, in consequence of what had fallen from the
Right lion. Gentleman who had just resumed his seat. The pub-
lic were, however, bound to ascribe the success of the inquiry into
the proceedings of the Court of Chancery, to the undaunted seal
and great abilities of his lionourable and Learned Friend, who, at
the opening of his second campaign, found the enemy ready to
concede every point for which the war had been commenced. The
Right Hon. rienthinan had assumed, that the Lord Chancellor was
unable to pertorm his functions as the office was before executed,
on account of the great increase of business. It was true there was
an increase of eases of lunacy, the natural and obvious consequence
of an increase of population ; but there was no portion of the busi-
ness of the Court that occupied so little of the Lord Chancellor's
time es petitions of lunacy. A point of the greatest importance for
any commission to investigate, would he to reconsider the institu-
tion of the Vice-Chancellor's Court. (Hear, hear, harp. Ile called
on these who might be appointed commissioners to ascertain how
much hail been respectively done by the Lord Chancellor. the
Master of the Rolls, and the lord Chancellor, and from that cal.
i culation they might be enabled to see vrherlier there really was that
, inability to execute the office of Lord Chancellor as heretofore.
The state of business before the bordChancellor was a most import
tent object in the inquiry of this commission. Before the Lord
Chancellor no original cause was set down for hearing, only ap-
peals: the number of bills tiled was therefore unimportant,
in they wore_ fassitigisalipicimist Aber by the blaster ofl
the Rolls or the Vlce-asatc&ller. ' There was no return of
business by the Asiter of the Rolls; but he challenged the
Solicitar-General to state the time when such little assistance was
rendered by the Master of the Rolls. When the business done be-
fore the Vice-Chancellor, who in fact disposed of all the original
causes, was considered, that fact would aflord an unanswerable
I reply to the argument of the Inability of the Lord Chancellor to
execute his duties as heretofore. The Vice-Chancellor had dis-
posed of all pleas or demurrers up to last Hilary Term. They
were few in number. The original causes set down last Term were
in a counte of hearing. The further exceptions were brought up to
the long vacation, anti the bankruptcy cases were the same. Be-
fore the present sittings would be over, not only Easter Teem, but
a large proportion of the causes aTrinityTenn, would be disposed
of. This despatch of business of the Vice-Chancellor, who
heard all the original causes wholly, disproved that the Lord
Chancellor was under any present incapacity of going through his
duties as heretofore. One of the great objections to the bill fur
establishing the %Ice-Chancellor's Court was, that it would have a
tendency to induce every cause to be heard twice over. There
could be no doubt that appeals were a great grievance to the suitor,
but the Lord Chancellor had, by a forced construction of the Act,
aggravated the evil by admitting a great number of illegal appeals.
In ordinary cases of appeal it was necessary that the signatures of
two Counsel should be obtained. but this important security against
frivolous proceedings was departed from in the case of motions,
and any dissatisfied person might have the whole question re-
argued. It was desirable that no appeal should he heard before a
superior Judge, but on the sante grounds tntl on •he clinic facts as
before the inferior Judge, but persons were allow .1 on an appeal
from the Vice-Chancellor, to fire new lOW &vita, rod on an amend-
ed case obtain • contrary decision, to the gre .t prejudice of the
dignity and character of the infiticr Judge. Bankrupt pe-
titions dismissed by the 'rice•Chai tribe, w...re re-heard by the
Lord Chancellor. When an objet ion was raised in IPI7, his
Lordship stated that he would mho* the re-hearing, if the
petition was signed by one CounseL Thus the facility of ap.
peal was increased, suitors prejudiced, and the character of the
inferior Judge dishonoured. The N'ice-Chancellor's Bill was
founded, not on the state of business in the Court of Chancery,
but in the House tel Lords. The preamble stated that great incon-
venience and delay was so/alined in the appellate jurisdiction ; but
now that objection was removed by the appointment (lithe Deputy
Speaker. lie (Mr. A.) would rest the case on the bill of costs pro_'
ducal by his lion. suit Learned Frierd. Every item in that bill
had been allowed by the Master. It spoke for itself therefore. He
had no great confidence in the Commission about to be issued. The I
grievances were all old, and well known, but the Lord Chancellor
had retrained from aticmptirg to amend them, until he hail been
23 years at the head of the Court. (Hear.) The Right lion. Gent.
now treated the motion as a personal attack on the Lord Chancellor.
Ile therefore was unfit to have any share in the advising or issuing
of such a Commission. It we. impossible, circumstanced as Lord
Eldon as that he shouldbe qualifies' to appoint the Commission.
The object of the Commission should be, to produce a beneficial re-
sult to the public ; but this could nut be done if the Comniisaion
were appointed merely for the purpose of meeting either the present
or any other case which might be made out against the Noble Lord
at the head of the Chancery.
Mr. IA WEIL% R'l' said, with all deference to the opinion of his I
Learned Friend, he must vote against his novion. The mode of
proceeding by Commission would, in his opinion, be the pet ferable
one ; it could be vested with ex:ensivc powers, and they could if I
necessary he amplified; and if the proceedings of the Commission
were not deemed aatistactory, they would be exposed to the discus.
Sion of the House, and, if thought proper, his Learned Friend
might again bring forward his motion. lie would return his
thanks, and, he believed he might add, the thanks oldie country,
to the lecamed Member, and hoped he would postpone his motion
for the present, and wait until the result under the Commission was
ascertained.

Ale. BROUGHAM said, that if, in concurring with the wish
expressed by the Right Honourable the Secrets •-y of State for the
Home Department, and with his Honourable Friend who had just
sat down, for the investigation of the state of the Court of Chan-
cery, by the appointment of a Commission, it was not for a moment
to be inferred that the question war to be withdrawn from that
mode of inquiry for which he felt the greatest veneration, which
was the most of the most constitutional, and the most likely
to lead to beneficial results—he meant the inquisitorial power'
possessed and exercised by that House; if such were to be the
inference, he would not rOll, rut to the proposition as he did
at present; if such were the inference, he would show its error,
for he would divide and take the sense of the Roust" upon the
subject. But agreeing as he did with his Honourable Friend.
that they were not parting with the control which they ought to
have—agreeing with Lint, that the motion could be renewed at
a future time, he consented to the arrangement which had been
proposed ; and he must also be permitted to say, and he be.
lievod the country would agree with him in the sincere con.
gratulation which he offeree to his Learned Friend who origin-
ate(' this motion, for the distinguished and the increased (if it were
possible to increase it) talent wide(' he displayed upon this night,
and upon the last Session, when he introduced the same inquiry ;
and lie would not congratulate his friend alone; he would also con-
gratulate the country at large upon the great benefits and the im.
portant advantages which had resulted from his exertions. (Ilea-,
hear.) It had been stated by the Right Honourable Secretary
for the Home Department, that this same inquiry had suggested
itself to the Lord Chancellor. This he was hound to believe, as he
had been thus informed of it ; but that this inquiry would have
suggested itself to the Chancel:6es mind, a ithuut the aid of

the motions of his Learned Friend, was another preetatioe
which he was not bound to believe, as it had not been
communiated to him. Of this proposition he had never beard
the affirmative, and therefore he felt himself at liberty to
maintain the negative : he felt himself at liberty to maintain that
this inquiry would never have become the idea of the Lord ('hancel.
loo; it would never have been a subject of contemplation with him,
were it not for the motion of his lion. Friend last Session, and the
notice of a similar motion fur this. As to the commission at present
proposed, he felt he had less cause of complaint respecting it than
any other person whatever; for in the are of the Scotch commission
issued last year, he had suggested a measure precisely similar to
that which was now spoken of, and if there wa. every reason for
granting it on the subject alluded to, there could be no possible
reason for withholding it with regard to the Court of Chancery.
The great source of his anxiety would be how and of what deserm.
tion of persons the commission would be composed. He had beard
a tepee that appeared to him every thing but incredible, that it
was to be composed of individuals chosen and appointed by the
Lord Chancellor himself. This was utterly incredible; it was mere.
dible that the Lord Chancelidr, so remarkable fur his habits of hesi.
tation, a habit advanced even by his most attached friends, for the
purpose of mitigating and extenuating whatever infirmities he might
possess—it was Mipossible that he should not shrink from the task
of appointing a Commission of his own friends, to examine andfin.
quire into the charges brought against himself. (Hear.) He would
wish that the Commission were moved ; it would be satisfactory
to him if, upon a judicial injquiry, there were some of the Judges
placed upo.i it. He also would wish to know the instructions that
would be given to them As to the mode in which it was consti.
toted, it was a matter that affieted the House more than it did those
who composed the Commission. If the Members were chosen
with the real object which he had heard professed—if they were
instructed to examine into &butte, and not to stifle inquiry—if they
were suffered to exert a nuelerate power of authority., he would
anticipate must beneficial results. Ile said he wished foe a mixed
Commission ; he would hive joined in it 'serums who had no coo.
nection whatever with office. As to its actual constitution, that. in
his opinion, was of no moment: his only demand upon this score
would be, that it should rot be composed exclusively of those who
enjoyed the favour and confidence of the Noble Loaf at present at
the head of the law. In illustration of this mode of thinking, he
would venture to give his opinion, that with respect to the Scotch
l'ommission of which he had spoken, it would be found of no
weight whatever ; it would be unproductive of any edentate; it
would lie utterly inefficient : but for the few persons who IMO sent
from this country, who had no connection whatever with the Aim
or the parties of the country—but fur these persons there would ha
report at all, or what was reported would be utterly useless ; and
the Commission would be, he would rot say nothing, but next to
it ; and lie anticipated similar consequences, if the present Coro.
nussion were composed exclusively of persons appointed and
chosen by the Lord Chancellor.
Mr. PEEL said the Commission would not be thus appointed.
blur. BROUGHA SI was certain that the result weak' be as he
described, if the Commission consisted entirely of persons connected
with the Court of Chancery. It was true, if the Commission wax
Ito make an inquiry into the conduct of other Magistrates, the per.
sons composing it might be chosen from all the Courts, and meted
with equal powers : but lie was disposed to think that, after all,
the Cotuntission would not be thus constituted. The Right Hon.
Secretary was merely sounding the House. Rut he would repeat,
the consequence of the Scotch Contmission would be as be stated,
if it were not for the infusion into it of certain persons from this
country unconnected with office, and who had no partialities to gra.
tify. He did not wish to see the Commission composed exclusively
rt. penal* accustomed to the practice of the Courts here, because,
from long experience and habits of life, callous to abuses, and indif.
ferent to them, they did not see them ; and, from the customs of
their life, they would wish to touch them with a gentle and wattle
band. Abuses would not appear in the same light, or in the same
point of view, to these individuals and to others ot edit/cant dcsaip.
tom ; and lie would admit he could not expect a remedy foe the abuses
at the hands of those whom he had described. Justice would, in his
opinion, be procdred at the Meeks of the Commission only, upon
these conditions, that the evidence should be exactly and accurately
reported, that the names of the witnesses should be takes down,
and the various parts of the investigation should be korona as they
appeared : them matters should not be left to discretion, but should
be directed by the warrant of the Commissioners, end every
thing should be submitted to the observation and the notice of the
House, where it would be looked on with jealousy. These preen.
nous he considered absolutely necessary, otherwise justice could
not be expected. If it were allowed him he would undertake to
appoint &commission, and he would bring before them two pairs
of witnesses, one of whom should endeavour by every possible
means to stifle inquiry, and make an apology for abuse of every
description, whilst the other pair would pursue a course directly op.
polite; and the Commisslon, if it depended on the ttteswllasuwhhooeeyy of
such witnesses, would have to make a report not only not alike, t
utterly and totally different. He therefore would nut have ino
expectations of beneficial results from the commission until he
its instructions, or rather the individuals of which it was composed,
lie did not care for its constitution ; all he sought for was that doe
members should not be cramped in their powers, and that they
should be instructed todirect their consideration to certain points,and
to the bearing of these points upon the matter at issue. If this mode
were not adopted and persever.l in, the Commission would not, in
his opinion, produce any benefit from the inquiry. Whilst the
inquiry was upon these abuser., there was one that he impel
would not be forgotten,. which, though perhaps not as serialise
evil as the delay complained of in the ('uurt of Chancery, wataill
carried to a grc and injurious extent—be meant the eit••
This was a vous evil ; and it was well known thaffedivi.
duals man day as issamies, lathy than seek leillosa
and it often ha that a person abstained frau seekingjostime
though perfee y convinced and aware that he Must oven wine
his adversary, but also aware that he would, though pkingoeiotnlsa,
have more to pay than the original demand, end he
thought it better to acquiesce in an unjust demand. This was go.
mostly the ease in debts to the amoeni of ten or twelve pounds. IL.
I there was not an opportunity for going to a small debt court, this
was a great, a cruel grievance. It was as object of most se.
rims inquiry, and he thought the Right gable Gale
tlemen should leave this matter also open as enquiry. He
' would not, however make any remarks in this stagy of the
transaction ; he would wish to consider it at another period without
prejudice. There was also another system of abase to which he
would allude, and which existed, as well as abuses in the Courts of
Equity—the abuse of the common law courts. It was fits so state
the argument used by those who defended the abases of Equity to
throw them upon the great increase of business which took place
iu that (7teirt, whilst none took place in the common law courts.
It was fa:r to mention this, both in the light of a defence for the
Court of Chancery. and as an argument affecting the common law
courts. Btu this, as it defended the Court of Equity, and
as it hoe against the courts of law, was unavailing, foe
the business in the common law courts had increased in a
niuch greater proportion than in the Courts of Equity; this he
would st..te to be the case from the time of Lord Mansfield, who
tried at Guildhall 60 cams to that of Lord Ellcnborougb, who
tried :All ; and there are now upon an average from three to four
hundred each term. As to the increase in die Court of Chancery,
respecting lunacies, and exceptions and answers, it awnings'
nothing compared with the increase of Nisi Pries causes, and even
those causes in the law courts were gotten rid of, and their
arrear, as compared with that in the Court of Chancery, was in.
significant ; the case was tried and decided at once in the Court
of King's Bench, and was Anal, at least as far as a verdict could
be called final ; the cause decided on the 20th of December was
often not in existence on the 20th of November. The most im.
extant trial brought to issue last term was thus circumstanced.
Ile did nut mean to say there was no delay in them Courts, but it
was not equal to that complained of in the Court of Chancery. He
therefore was of opinion, that as to the Commission should be
added a power to inquire into the abuses of the Common Law
Courts, and this would, as a matter of course. comprehend the
law side of the Court of Exchequer. Ile would again assert, that
the country had gained considemble advantage from the pers.
Terence of his Learned Friend ; and in the present feeling of tle
(louse, and after what hod been heard, lie would advise him not
to press his 111Mi0:1; but with this understanding, that he would
not be lettered by the appointment of the Commission, and if the
conduct of that Commission wer.i not approved of, he would most
assuredly renew his motion ; he would suggest to him not to take
the sense of the House at present.
31r. CANNING said, that in the present stale in which the
House appeared to be, and after the 'Teethes which had been auntie,
be would trespass upon the House but for a few minutes. In the
speech which had been delivered by the Hon. and beamed Member
who had just sat down, his chief and principal exception was to the
formation of the Commission, and his apprehension was that It
should not be certain in its result, efficient in conferring beet&
upon the public, and sincere in its intentions. It would, be
trusted, be a source of eatisfaction to the 'louse to see another
Minister of the Crown come forward and give a positive and
unqualified assurance that it was not only the intention of the
Noble and Learned lewd at the head of the law, but also
his Majesty's Government, to make this Commission at one
sincere, serviceable, and efficient. Nor could he conceive bow
any imputation (if such imputation were thrown out) could be
supposed to attach itself' to Ministers, of wishing to Mae with the
House. It would be hard to impute, at that time of day, an in.
tension on the part of the Government to trifle with the House and
with the country, upon so grave and important a subject as that
which the appointment of the Commisson would endeavour to
effect. As to the nature of the Commission, with which the
Honourable Member wished to be acquainted before he could
anticipate any beneficial result, it would not be a work of
difficulty to point out and specify the elements of which it
would be composed. It would be difficult to mention .he
names of the individuals. as some of those to whom the offer
' was made had refused to accept the important situation • but
upon this the beamed Member insight depend, that those element
which the coniteission was to be composed, would be under the os
eye of Parliament and the country, and they would perform
their duty without fear or favour. As to the subject of the abuses
lof the common law courts, and the proposition made by him of
adding a commission to that proposed ter examining them, what,
lie would ask the Honourable anti Dfarned ;Bendier. would be the
consequence of the proposition originkted at his side of the Howse?
Would it not expose his ftier.is to the imputation of adding this
I:emulsion fur the purpose of dividinejt he blame, of spresdiq and
as it' diluting the subject for consideration, that inquiry m' tbe
stifled altog I thee (I I ear.) Ile, therefore, trusteed the Hon. 'em-
ber would adhere to his original motion, as that best calculated for
effecting the purpose which he he had in view, and if, in twos*.
quence of the appointment of the l'ommi•sion. he postponed his
motion, be would sot be precluded from coming again before Per.
liament. The eyes of the Government were open to the conse-
quence of the system. They were most anxious to simplify the pro.
leveling's, to shorten delays, and advance, as fa, as they could do it,
the administration of justice. He would take upon himself to de.
clarethat the Commiseion would enter roost minutely into every part
•
of the sunject originally proposed, and the entire should be subject
to the cognisance of Parliament. With respect to the origination