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p'' the taking testimony had been abused, or had tended to
Pth—e tetemcy of any private right, or had led to any decision other
than what the nature of the case required. That he had never been
14 to suspect that any cause had ever been lost, or party injured,
the troth suppressed, for the want of mere examination in the
orp►poece of the parties; and that he thought the proposed altera-
tion would render the examinations much more tedious and bur.
&mane, and that it would be dangerous to the reputation of the
court? He hod read this to show the extraordinary concur-
rence of opinion that existed on this subject in the minds of
two eminently experienced persons, whose attention hod been
caged to the same subject in different countries. It was pro.
pod by the Commissioners that no alteration In this respect
should be made. Should it turn mit in the progress of the
gill that Gentlemen should be of a different opinion, opportunity
of discussion would be affuded, and if the alteration should be
deemed advisable, they would have the opportunity of adopting it.
When the cause came to an issue, it was set down to be heard, in
the course of which many points arose that were (as he had stated)
reierresi to the Master. This was a most important part of the
subject. Every body was swore that a great proportion of business
was transacted in the Master's office, where the proceedings were
extremely slow, and where delays were perpetually occurring.
Gentlemen would be desirous to know the cause. To him it ap.
peered to be perfectly obvious. Neither the House nor the coun.
or could imagine the inquiries that were carried on in the Master's
offi tr. none of which would admit of despatch. Complicated accounts,
intricate questions of title, and • variety of other questions of this
description all came before the Master, and must consume a large
proportion of time. All that the Commissioners could do was to
take care that no time should be lost. The great cause was, that
the Muter was merely passive; and this was a solution of the
whole case. The blamer had no authority to compel the
patties to attend before hint. If he decided any thing
against one of the parties, who was not prepared with em.
dace, the party only had to apply for a review which
was granted as a matter of course. The whole therefore was the
result of supineness and delay on the part of the Solicitor. The
Commissioners had recommended. that if the decree to refer was
not brought into the Master's office within six weeks, the benefit
of the decree should be lost. The Muter was to be empowered to
paha oat the course to be pursued by the respective parties, and
ma to keep a regular record of the proceedings as they should metre.
In every case he was to have power to decide es -pa etc where it
could be done without injustice. in case the other parties did not
attend ; and where any delay occurred on the part of the actor, the
Master had the power to appoint another party to be the actor.
Let the Masters 'Head to this port of their duty, well and effectu-
ally, and he thought the reproach of delay in the Master's Office,
would, he apprehended, be no longer a subject of complaint. It
might, and would be said, what advantage was it to expedite the
• anlew after it was ripe for hearing they did sot expedite the
hearing. Before he adverted to the extent of the evil, he would
call the attention of the House to the remedy proposed. Ile was
quite sure that what had been recommended would 1 approved by
the House. and that the utmost that could be contended for was,
that something more ought to he accomplished. He would first con.
Sider what it was that had been accomplished. It was well known
that a very considerable portion of the time of the Cour: was con.
sumed In bearing appeals. As the practice now existed, new matter
was allowed to be introduced in cases of appeal from the Vice.
Chancellor to the Lord Chancellor; whereas the very nature of
an appeal was that the case should be heard upon the same facts.
But a cloud of new affidavits was introduced, so that the case,
when it came before the Chancellor, assumed • new shape, and the
Chancellor gate a decision upon a new case, while he was sup
to have decided against the Vice-Chancellor. Nothing couldd
osbe
more unjust against the character of an inferior Judge. This Roo-
ney had arisen from the eircumatance of the Chancellor's and the
Vice-Chancellor's being considered one and the same Court. The
Commissioners recommended that in future no appeal should be
allowed except upon the tame statement of facts which was origi•
Wally decided upon by the inferior Judge. This would consider.
ably diminish the number of appeals ; because it was in consequence
of this power of introducing new facts that appeals multiplied.
After eulogizing the members of the profession to which he be.
longed, and which he described as a calumniated profession, but
none possessing more patriotism and public spirit. or more ready
to make sacrifices for the public good, he declared that whatever
sacrifices they might be obliged to make for that general good, he
was sure they would willingly submit to. He ridiculed the em-
ployment of seven or eight counsel on a side in one cause, and
thought that they might safely be limited to two for each of the par.
ties contending, by which the interests of their clients would be
equally well attended to,as each counsel would then feel that his
client's cause depended upon his individual exertion. But if this
alteration would occasion a loss to the junior counsel, the Commis.
sioners had proposed another alteration which would tend to their
advantage. Formerly the practice in the Court of King's Beech
vu for the senior counsel to go through alt their motions, and then
the next in seniority theirs before any junior counsel moved—coo
that it often had happened that gentlemen who were juniors In the
profession did not make a motion duriug the term. The same practice
now prevailed in the Court of Chancery. But when Lord Mansfield
was Chief Justice, he thought there was great injustice in such a
system, and made an alteration in it, so that from his time the bar
was 'lithely gone through, each counsel being allowed to make
bat one motion in his torn. It was recommended by the Com-
missioners that counsel should only he allowed so make
two motions In succession till the whole bar was gone through.
There was another circumstance to which he would call the atten-
tion of the House. According to the present practice, any one
might appeal to the Chancellor's Court front the Vice•Uhancellor's,
as a muter of course. It was recommended by the Commissioners,
however, that no appeal should be obtained from the Vice-Chancel-
lor's Court to that of the Chancellor, without a certificate signed by
Counsel, stating the reasonableness of the appeal. The object of
this was to save time. He was aware that there were Gentle-
men who thought that the certificate of Counsel would be a mat-
ter of course, but he thought otherwise. He remembered that an
Hon. and Learned Friend of his on the other side had stated, that
Counsel never recommended actions without good reasons ; yet if
Counsel recommended an action and failed in it, his error was known
only to his client, to whom alone he was committed ; but if he
were to recommend a certificate for an appeal without sufficient
grounds, his fault would be known to the Court, to the Bar, and to
the public. He was convinced, therefore, that no gentleman would
sign the certificate unless there were circumstances in the case which
Woukt completely justify him in so doing. 80 farthe.meornmen.
dahou had reference to the saving of time. But the Commissioners
had also recommended some measures relative to bankruptcy cases,
the objects of which were, in the first place, to diminish the num-
bee of cases heard by the Chancellor, and in the next piece, to ex-
pedite the proceedings generally. The great source of the inconve.
owners at present felt and complained of was, that the question of
feet emu to be tried ors affidavits s and every one who had any ex.
perience in tiusineas would know how difficult it was, or he would
even say impossible, to decide on facts by affidavits. In the first
place. they could not compel any person to make an affidavit ;
in the second place, they could not cross-examine on the deposi-
lions contained in the affidavits; and, in the third place, it caused
a great waste of time to be obliged to glean the facts from written
endenee. He appealed for a confirmation of the view he took of
affidavits to his Hon. and Learned Friend the Member for Peter.
borough. It was proposed, by way of diminishing the weight of
business in the Chancellor's Court, that Commissioners should be
appointed to sit and decide in bankruptcy cases, three to constitute
• Court; nor were they to decide by affidavits, but by viva wee evi.
dente land the examination of witnesses present before them ; and
from the decision of those Commissioners there was to be an appeal
to the Lord Chancellor. The result would be, that a great number
of those cases would be disposed of in the first instance, and as to
the rest, or the appealed eases, how were they to be decided ? Not
by affidavits, but by the notes of the Commissioners before whom
the case had been tried ; se that the Lord Chancellor would not
h,ve to decide on conflicting evidence. It was evident how far the
proposed measures would tend to save the time both of the Vice.
Chancellor and of the Lord Chancellor. Then arose the other part
of the question, whether the saving of time was • matter of so much
importance or necessity as was pretended? There never was • sub.
jot on which he hail heard so many rnistatements, or on which
there existed so many mistakes as with respect to the arrears in the
Court of Chancery. He made his statements with confidence, be.
canoe be held documents in his hand which bore him out. With
respect to the Vice-Chancellor's Court, the arrears were inc resider.
able; the long sickness of the late Master of the Rolls, Sir
Thomas Plorner, had caused wine arrears, but before that
time there were none in the Viee.Chancelloes Court. However,
in consequence of the illness of the late Master of the Rolls, and
of the indisposition of the Vice• Chancellor himself, the arrears
about 18 months ago amounted to • seven terms; but they were
now much reduced, and he could state that the arrears at present in
the Vice-Chancellor's Court were only of four terms (hear), which
were not more titan those of the King's Bench ; he was convinced.
therefore, that in the course of twelve months, those arrears would
wholly disappear, as was the case before Sir T. Plomer's time.
With respect to the Court of Chancery, its arrears were so much
exaggerated, that he had beard it said it would require 40 years to
hear the appeals that were depending In it ; yet he could state that
the total number of rehearings and appeals, which comprehendeg
all the arrears, was only 109 at present ; and it appeared frorn a
piper which be held in his hand, and which was a return of cases
in arrcar, made before Commissioners in 1802, that they amounted
at that time to 105 ; so that they were then substantially the same
as at present. It was obvious that those cases would be soon die..
charged, if the Lord Chancellor could give them his undivided
attention. (Hear.) There was abundant testimony in the papers
on the table of the laborious exertions of that Noble Lord. There was
scarcely • day in which there was not something in the nature
of a motion or application brought before him, which required
immediate attention, and the nature of which was, thaeif deferred,
It could be of no us.: ; as, for example, 'tithe case of a decree, when
the Court of Chancery was called on to suspend the operation of the
decree. In those instances, the Lord Chancellor was obliged to
depend oo the averment of the Counsel. He could only say to them,
" if you assure nie as gentlemen, that it is necessary to hear this
cause, I will he.. it." That was the only course he could pursue.
Similar cases occurred every day, and interposed to prevent the
ordinary course of business. That brought him bark to his asser-
tion, that there were no effete; in bankruptcy business, nor in any
thing but rehearings and appeals. All had an interest in devising
a system to crtvent an accumulation of arrears ; but, if in the Vice.
Chancellor'sCourtthere were no arrears--if those which WA weowss-
lewd during a pined of illness were now rapidly dissyysaelw-mbd
if in the Lord Chancellor's Court there was no lacrosse of aresses,be
trusted that the measures propeeed, which nesesserily would "ass
tiros and diminish as well as expedite Chancery seseesdlarp, tesedd
completely reduce and do away with the existiaissWerfera. Ae
trusted that he was not too sanguine in believing the semis
list of arrears, 109 cases, would disappear at as distant pallid,
and that in a reasonable time every sawea airs fee bah
I rag would be Immediately disposed of nil inlaid. Se bed,

In the first place, presented to the House what the Commis-
sioners had done, first, with regard to the saving of time; secondly,
as to the means of facilitating business and the prevention of
arrears. He was sure the House would be satisfied ; with the con-
duct of the Commissioners ; they had not pretended to have found
an infallible remedy for every evil; they did not affect to have done
eserything ; on the contrary, they carefully guarded against that
presumption ; but they had wisely recommended every change
which could prudently be adopted as a beginning. If time and ex.
perience should furnish any fresh instruction, the adoption of those
measures would not prevent other changes, nor the application of
fresh remedies to the evils, if evils still remained. Ile hoped,
therefore, that the House would allow him to bring in a Bill, to
carry into effect the recommendations of the Commissioners. lie had
abstained i...he cilium of hie speech from all personal allusions.
Ile thought its subject on relich such allusions ought particu-
larly to be 'veldt ~ He had not even alluded, except incidentally,
to the Noble Lord who had so long and so ably presided over the
Court of Chancery. He had abstained from making any such
allusions, because he did not wish to involve any individual with
that discussion he had abstained, because he could not, by his
praises, add anything to the reputation and fame of the Noble
Lord whom he had mentioned. But he had heard in that House
an eulogium pronounced on this Noble Lord by his Honourable and
Learned Friend, the Member for Caine, which far transcended any-
thing he could say. In that eloquent panegyric, the Hon. and
Learned Gentlemen had mentioned the anxiety of the Noble Lord
to administer justice, his accurate and +profound judgment' and his
vast and capacious memory. He had also read, though he hail
not heard, the eulogium of an individual, who was, of all
others, the best able to appreciate the merits of the Noble Lord,
and who was at the same time, in political sentiments, his most
determined opponent. He alluded to the late Sir Samuel
niilly, who, among other commendations bestowed on the present
Lord Chancellor, said, "he never knew or met a man better able
to judge, or who was more anxious to satisfy the suitors of his
Court ; indeed: if he had any fault, it was his too great anxiety on
that point." lie (the Attorney-(ieneval) couldsdd nothing to that
praise. The Noble Lord had been Arty ream a member of the
profession, and was in early life marked oat fee the honours which
he had sine. home. His subsequent Hie had fulfilled the ex-
pectations of his early "clinkers, and his merit became more con-
spicuous with his elevation. The Noble Lord was most anxious
to promote the objects of the Commission ; there was no one in
the kingdom more willing to rectify the expenre and delay attend.
ing on litigation than that Noble Lord. He concluded by moving
for leave to bring in a Bill to carry into effect the recommendations
of the Commissioners.

Mr. WILMA MS commenced by observing, that it was not his
intention to follow his Hon. and Learned Friend through all the
details of his statement. The Honourable and Learned Gentle.
man. it was evident. had taken a wide range to expatiate in through
all thelouggestions of the Report, but he had forgotten after all to
state what was the precise object of his Bill ; so that it would be
his (Mr. Williams's) duty afterwards to show that the Bill could
do nothing which might not be done without it ; and that in all the
cases of complaint made by suitors, which complaints the Learned
Attorney-General had so alighted as to excite even the laughter of
the House, the causes of all the dissatisfaction ;night have been
removed by an order of the Court. It appeared to him that his
Honourable and Learned Friend had notsufficiently explained the
nature and operation of the proposed amendment. It had been
stated in that House, that he (Mr. Williams) hail so strong a
prepossession in favour of one mode of proceeding—he meant by
Committee of the House—that he could not have been satiafied '
with any report. He would not step to inquire into the justice
of that remark, but his purpose was to give satisfaction to
the Secretary of the Home Department, by the moderate ton*
in which he should allude to all the individuals coneereed.
He should abstain from saying any thing harsh of the individual
at the head of the Court of Chancery, although perhaps he
might be obliged to say something which would not be agreeable
to the Right Hon. Secretary himself. He thought that the Court of
Chancery and the Commissioners were bound to return thanks to
the lion. and Learned Gentleman for the gorgeous panegyric
which he had bestowed upon them ; but he would con.
eider all they had done, and all they had left undone, and
then put it to the House, how far they had arrived towards the
conclusion which had been proposed to t:rAr labours—how far the
Court of Chancery, as at present constituted, was capable of dis.
peneing justice to the country. But notwithstaading what his
Honourable and Learned Friend had intimated that the grievances
complained of were not real but only fancied notwithstanding
what he had insinuated in a few words, that there were no grounds
for the clamours which pervaded the country—he thought that the
contrary appeared on the face of the Report itself, and he would
proceed to examine whether the Commissioners had devised any
competent machinery which might carry on the business of equity
in such a manner as to remedy the ills complained of. The
people of England did not look to the individuals who
might be interested in that Report; they looked to the im-
provements which were about to take place; but he should be
wanting in justice if he did not state, that if there wu an indivi-
dual to whom every praise was due for his zeal, perseverance, and
determined opposition to an unwilling audience, it was his Hon.
Friend the Member for Durham (Mr. M. A. Taylor), who had by
his exertions monopolized all praise. He trusted that the proposed
alterations would be attended with benefit. It was impossible to
T bt thtt every abridgment In L. anode of promaaiing was a peal.
live gain ; but although his Hon. and Learned Friend the Attor-
ney-General, had affected to calculate, he (Mr. could
not learn from him how much would be gained by the proposed mea-
sures in time or expense, supposing the case to he that of a litigious
suitor. But the Report was likely to be of service in another way.
It had excited public attention ; notice would be taken of every
delay of which the people had a right to complain. The spirit of
inquiry was abroad, investigation was commenced, and we should
see whether Judges of equity were those very perfect creatures which
his Learned Friend, who was a common lawyer, had boldly ven.
tured to maintain. (Laughter.) He did not consider them so per.
feet, but if he were mistaken, he could refer to a writer who, although
no lawyer, was much more amusing than lawyers usually are. Indeed
the author to whom he alluded might be called a quasi lawyer, having
said that he could make himself a lawyer in three days. It was to
Cicero he alluded, whose opinion was, that although lawyers might
seem admirable at first view, yet their great talents and acquire-
ments always disappeared on a close inspection ; he closed his
character of them by fraud and folly. Ile hoped that the sublime
theories of equity lawyers, in the present days, were more substan-
tial than in the days of Cicero : but if at that time it could be said
with truth, "Jurisronsultoruni inaenia ecrrupta aunt amnia," he
was sure that the practice of Chancery had not improved by the
golden succession of lawyers. With respect to the saving of time
and abridgment of suits in the Court of Equity, his Honourable
and Learned Friend had forgot to state how it might be done by the
proper authority of the Court. There were causes at present depend.
ins, which might have been decided, if a rule or order had been
made for the correction of errors, 33 years ago. (Hear.) If there
was great learning and ability at the head or that Court, and he did
not question it (much ought to be expected from one who had been
GO years in the profession, and 2d years at the head of it), was
it not surprising that, with all that ability, no remedy had been
applied to the evils of Chancery practice 1 ( Hear.) Two years ago
the existence of those grievances was an acknowledged fact, and the
general denial of them would not have been attended to. But be
would again appeal to the Report. One of the Commissioners, the
much-lauded air. Bell, spoke always of the Court of Chancery with
much complacency, and justly, as in that Court be had made his
fortune ; but, in the retool, that very 51r. Bell said that much
ought to be left to the discretion of the Judge, who was more com-
petent to regulate the mode of proceeding than any legislative
measures, as he might vary those measures according as expe-
rience should suggest ; so that it appeared that the great learning
and intelligence which presided in that Court omitted that part of
his duty. Another of the Commissioners (Master Stratford) said,
that it was matter of regret that, considering the wisdom and
experience of the present Chancellor, no such authority had
been used. But if those salutary changes had been made,
they would have lost the speech of his Honourable and
Learned Friend. It was next to be considered how far the
Report was a matter of general assent or dissent among the
Commissioners. It did not appear from the Report that they had
agreed in any one point. It was not indeed to be expected that
they should agree in every thing. The Solicitor-General had said,
that, after full deliberation, the Report was the result of their joint
labours, but he did not state on what point they had agreed. But
it appeared that within these few days a Noble and Learned Lord
had, through the medium of the press, put the public in possession
of his opinion, and had declared his dissent. His opinion was.
that no good was likely to result from the labours of the Commis-
sion. There was also afgreat division of opinion on the same sub.
ject among the profession. He would not mention his own
[ opinion, which was unimportant; but be could state, that
great doubts prevailed with professional men as to the pub.
lie benefits likely to result from the Report. There was an.
other statement made by the Learned Attorney-General, and
made in language more flowing than the rest of his spec..:., to
which he should now advert. That Honourable and Learned
Gentleman had stated, that the Commissioners had thrown their
arms open to all, and had turned away none who had come with
complaints, and that they had summoned all the profession to give
their opinions : but he wu sure that no individual of those so-
cieties which constituted the great body of solicitors bad any in.
timation from the Commissioners ; not a single individual of
those societies was examined. The Commissioners had not, it
was true, turned any persons out of doors; but it did not appear
that they examined any voluntary witnesses. The total want of ex.
planation on the face of the Report, with respect to the assent or
dissent of the Commissioners, diminished its weight, if it did
not altogether deprive it of authority. It was also to be
lamented that any branch of the profession remained unre-
presented in that Commission ; but the solicitors had no repre-
sentation, and therefore they were commented on with severity ; the
Judges were well represented. The Noble Lord who was at the
head of the Commission was both reprnentor and represented. He
did not believe one word of the charge made against the Solicitors ;
in fact, they had every reason to induce them to accelerate the pro.
gress of those suits in Chancery in which they were employed, as
they were obliged to make large advances to their clients. In the
case of Van Sandau, there were fourteen different suitors and four-
teen different defendants, and soilless than seventy affidavits. That
gentlemen, in his internam with the Court of Chancery, was
so well-be billed, and the ofildavka were so numerous, that
it would have coat hint UK to know what hail been sworn '
mishit ; It would have lest hint 3001. to emit •
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wM& they IMO sufshae y It wee disk Is-
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citors been on the commission, they would probably have pointed
out that the delay of the Court of Chancery, which was so.
much complained of, was not to be attributed to the officer.
of that Court, but to a higher quarter, of which it would not
be quite so safe to speak as of the solicitors, and who were in
consequence obliged to bear the odium of the charge ; there was•,
another point which had been neglected by the Commissioners, he i
meant the practice of the Court relative to injunctions. An In.
junction was granted by the Court of Chancery, upon the state- i
nient of the suitor, that he did not apply for it for the purpose of
creating delay ; then, in case he was to have received the amount
of his claim by execution, an injunction was granted to stay that
execution. There would be th. anomaly of one Court con-
tending against another; and the suitor was by that authority de.
priced of his remedy; there was this absurdity in the case, that
there were two different jurisdictions acting by two different means.
It was highly absurd to think that a man who was by one Court
entitled to relief, should by another proems of law be deprived of
his remedy. The Commissioners had suggested no remedy for the
inconveniences which arose out of the present practice of the
granting injunctions; and he feared that the form of affidavit
would not meet the greatest abuses of the Court of Chancery.
The SOLICITOR-GENERAL, said he would not occupy the
attention of the House at any length, but, as one of the CnnimiN-
Rioners appointed to inquire into the practice of the Court of Chen.
eery, he felt himself bound to say that lie had performed his duty ;
and, although the lion. Member for Lincoln had brought charges
against that body, it would be easy to meet them when an opportu-
nity was afforded to examine them In detail. The lion. Gentleman
had said that solicitors should have been appointed on the
Commission ; whereas there had been no precedent for such
a practice. lie (the Solicitor-General) did not recollect any
instance in which solicitors had been appointed to such situa-
tions. In the case of Lord Ilardwicke, no situations had been
appointed in the Commission ; they might be invited to attend the
Commissioners, but on the present occasion they had been exa-
mined: in fact no person was obstructed or prevented from
giving information. Ale. Lowe lad been examined. /f any one
dais had been excluded by the Csvenissioners,• they yaould not
have done their duty. But as the lionoileable Gene4reen had
charged the Commissioners, he hoped they would all mower for
themselves. With respect to the complaints that there had
been delay in giving judgment in the Court of Chancery, he
would merely say that it was impossible to answer each in-
dividual case without some opportunity of collecting all the in.
formation upon it ; but he would say that in every instance where
a complaint had been brought forward against the practices in the
Court of Chancery, there had been a satisfactory answer given.
Not one of the 160 Resolutions of the Commissioners had been ob-
jected to, and it was fair to infer that those Resolutions were satis-
factory. Another improvement suggested was to bind the Mas-
ter to compel the parties to go on with their suit. At present there
was no potter of control; but if any delay took place hereafter, the
Master would be answerable. It had been mid that the Commis-
sioners had done little; in his opinion they had done SS much as
could be expected. Some thought the bankruptcy busiseen should
become the business of a new court; but he could not concur with
them. The evil was, that the inferior forum did not act. Ifs new
mini were established, would any man say that there must not be
an appeal from it. It was known that from fifteen to twenty days
of the Chancellor's time were consumed in the course of the year
by bankrupts. The improvement should be carried into etlect, in
his opinion, as quickly as possible ; and the resolutions of the Com-
misstoners might be modified, after a little experience. The
Commiasioners had taken up every subject in which improvement
could be made, and their exertions had been patient tutd4eborioua.
Me. M. A. TAYLOR said the Commissioner:, were entitled to
some praise; but had they not neglected some material parts ?
Mr. Shadwell was asked if one individual could get through the
business of the Lord Chancellor ' • his reply was, that three angels
could not do it. (A laugh.) Had the Committee recommended
the appointment of three angels ? Why had they not ? Because
.Mr. Shadwell advised that the bankruptcy business should be
separated; but Lord Eldon would rather part with life than
with bankruptcy petitions. Sir Samuel Romilly thought
some step should be taken to rid the Court of bankruptcy business.
The Chancellor ought not to be distracted by other political duties.
They were told that the abuses were fancied abuses ; and one part
of the Report said a suit might beneficially last for half a century.
Sir Samuel Romilly was once applied to by a Member of the House
to expedite his suit. He asked him how it was he had not voted
with ilia) for an inquiry into such delays ? He should do his duty
(he added) in his cause, but he wished never to tee his face at his
chambers again. It was a libel on the profession to assert that
there were not three fit individuals to discharge part of the duties
which devolved on the Chancellor. Why not go to one of the
Judges? Surely the Chief Baron of the Exchequer was a fit person.
The Judges of England were a most laborious class, and had less
time on hand than any other description of persona In the country.
If it were asked what was gained by the Report, he would admit
that the Commissioners were entitia to great merit for what they
had done, but they had not gone far enough, and had omitted to
notice that important of their duty, which was to Inquire whether
the Court of Chancery was competent to discharge all the duties
which attached to it. The same course as that which was now
pursued had been going on for twenty years, and yet no attempt to
rectify abuses had been made. Surely the Government which ne-
Fleeted to inquire into so glaring a muter, when tk, I:elnetterent se
Mordantly mentioned it, was to blame for the neglect. The lion.
and Learned Gentleman (the Solicitor-General) had alluded to
several Lord Chancellors, and might have adverted to many more
in whose time the same system was pursued. But the real reason
why the abuse had been allowed to proceed for so many years
without correction was, that the reform had originally been sug-
gested at that (the Opposition) side of the House, which was con-
sidered a proscribed place, but at last it MIS found necessary to
adopt the suggestion.
Mr. Secretary PEEL sald, from the tone in which the lion.
and Learned Member for Lincoln (Mr. Williams) had introduced
his motion to the attention of the House, he supposed that it was
not intended to persevere in it. The only object of consideration,
then, be believed, woo the motion of the Attorney-General, who
intended to found a Bill on the Report of the Commissioners.
He agreed with the lion. and Learned Member who spoke last,
that the present was not the proper time for that purpose, but that
the details of the' matter should be previously laid before the
House, to enable hl embers to form more correct opinions on the
subject. He did not, however, concur with that Honourable and
Lesznedlliember on another point, where hequoted, as an assertion
of the Report, that fifty years might elapse before a cause would
be decided in Chancery. The Report, however, only stated that
there was a popular misapprehension on the subject; as, for
instance, in the case of infants, the cause might be delayed
twenty years, and still the delay would prove beneficial.
In this country also, where real property may be disposed of, for
any number of lives in existence and 21 years afterwards, trust
might be executed on the same principle. lint it was said, on the
authority of Mr. Shadwell, that cases of bankruptcy should be
transferred from the Court of Chancery. But the Commissioners
only said that there were other modes, and that if those were found
practically wrong, then they would concur In the propriety of the
proceeding. But the Commissioners add, that the bankruptcy
cases required a great knewledge of equity, and did not require all
the time of a Judge. It had been stated that the Commissioners
did not go far enough, but that complaint of the Hon. Member,
(Mr. M. A. Taylor) was in contradiction to another, which said
that they had gone farther than delicacy warranted. In the publi-
cation which had been so much relied on, many contradictory
causes are assigned for the delays in Chancery, and some reflecting
on the Lord Chancellor. From those contradictions the Report
steered clear. If he were asked the question, he would say that
neither the Lord Chancellor' nor any of his friends could take any
exception to what was personally applied to that Learned Lord.
The Honourable Member who had spoken last now reduced the
propositions, which on a former night amounted to 4100
to 187. He repeated that the present was not the time for
discussing the measures which are contemplated as the result
of the report, but as to the charge of the delay ascribed
to the Lord Chancellor, he wished to mention the evidence of Mr.
Basil Montagu, a gentleman of great and acknowledged eminence
eau the legal profession. That gentleman professed at the outset
that no two persons differed more on political matters than the Lord
Chancellor and himself. lie said he derived pride from the friend-
, ship of Sir Samuel Romilly, with whose political opinions he tully
agreed. That gentleman assigns three muses of the delay in that
respect. The first was the difference between the Lord Chancellor
and the other Judges, in the conception of what the duty required,
for he had not merely to state how the law stood, but had also to
make up his own mind on the matter. In that view Mr. Montagu
concurred. Who then would impute blame to the Lord Chancellor
for thinking it his duty to take the trouble of examining the matter
until he had made up his mind on the business ? The second
cause of the delay was, that there was no appeal in the cases of
bankrupts which were referred to him, and the necessity of circum-
spection was evident when the appeal was made from the decision
of so learned a Judge as the Vice Chancellor. The third
' cause, in the words of Mr. Montagu was, in the constitu-
tion of the Lord Chancellor's mind., and hie ultra anxiety to decide
all cases submitted to him with the strictest nicety. When lie saw
a man at his advanced period of life, at the age of 76, devoting 12
out of the 24 hours to the discharge of his public dutiee, with only
a vacation of three weeks, he could not too highly admire him.
Mr. Montagu, it should be observed, was of adverse political
principles, but that gentleman stated two cases, in which the delay
he at first condemned was afterwards discovered to be most
prudent. In another case the Lord Chancellor, by conference with
the Chief Justice of the Ring's Bench, procured the removal,
which had been previously refused, of a man who was confined for
a debt of 10/., and might have otherwise remained these still. How
could it be expected that a man of such sedulous devotion for 12 or
14 hours a day to the business of his Court, could have any time
left for speculations of reform ? He was always absent when his
presence was likely to affect witnesses. No man attempted to ins.
peach his integrity, and he could not help expressing his admira-
tion of a person who had sent his time so honourably, and against
whom no one dared to say that it had been expended on frivolous
amusements. (Cheers.)
Dr. LUSH INGTON thought that no man, who considered the
nature of the Commission, could expect that the Commissioners
would agree to more than 1117 propositions. It had been objected.
that the Commissioners had omitted some matters. They bed been
char ed with not examining into the matters pending between the
=i:g
and hearing of a cause, and between the hearing noel Os-
But there were documents which formed a remaining pen
tithe which were they put in the hands of Members, world
mil. Hon. and Learned Member then preassgag yam
the he dee documents relative to eausapapers- Unman .Gsed
. Chatialke and a* Vice-Chancellor. By than the
hoped that eislreesdua and that of the Lord list
three yam might be jugged. grits bees esambst al all
points until the Commit/deem felt reluctant wank "waft which
might WO. ihd pianali who gave testisomp It swot hisaisy to

stye what had been done asters' likely to result from the Commission.
It was due to the Lind Chancellor to rate, that he acceded with the
greatest deference to all tuners (hear); not giving his opinions as
dogmas indisputable, but allowing full inveatigetion and free dig-
cession of their merits. The number of appeal cases remaining
was 109, and the Lewd Chancellor disposed of 45 per month.
Delays had, no doubt, taken. place, but he was not one of those who
thought the proceedings in Chancery would be facilitated by the
Report. He contended, with one exception, that the Commiseineers
had done all they could have done. It was better to try an
experiment, as had been proposed, than to destroy the system.
It was said the bankruptcy business might be separated, but such
a separation would he highly detrimental. lie could not avoid ad-
verting to conveyancing. Instead of applying remedies, Parliament
was occupied in loading the table with statutes. (Hear.) He was
at that moment the mas:er of an'estate. the abstract title of which
occupied 400 brief sheets. The effect of this was, that many per-
coos chose to go without any legal title to their estates. Ile hoped
that on a future occasion Parliament would feel the necessity of t n.
tering into this subject.
Mr. BROUGHA 31 agreed with his Honourable and Learned
Friend (Dr. lLushingtot,) that there would be übundant oppor.
tunity of discussing the details of this question, as well as the
general principle, upon a future occasion. lie should no: have felt
it necessary to call the attention of the House, at so ally/seed an
hour, but for the two apeeches just wade. If those speeches went
forth unanswered, the country would be led into a delusion to
which he 7should be an accessory. He did not mean to insinu-
ate that this delusion would be intentional on the part either
of the Right Honourable Secretary (Mr. Peel) or of his lip.
nourable and Learned Friend (Dr. Lushington.) He wished to
avoid all unnecessary personality, but he thought that the
report had omitted their inquiries into the delays between the
final hearing and pronouncing judgment. He found no actual
allusion to this important point in the Report, and as it was a'
point which must naturally have suggested itself upon reading the
Report, he supposed that branch of he subject Iliad been purposely
avoided. It appeared such evidence had been taken, but the whole
evidence was not before the House. They had neither the evidence
nor its cooclualons. The evidence might hare been omitted by
accident; but there was nn report, no opinion. on that most im-
portant point. Not one allusion was made to that great integral
part of the subject. It was most important that it ahould hare
been stated whether this branch of the subject had been omitted
intentionally or accidentally. The expense and abuses in the Court
of Chancery, which had been so long complained of, were now,
perhaps for the first time, universally admitted; amd was it not
material that inquiry ahculd be made to what that expense and
those abuses ware owing ? whether it was to the system, ore branch
ofit, or whether it was to the manner in which that system was ad mints-
tered ? The question was, without beatingunnecessarily about the
hush, whether the delay complained of was admitted to be inevita-
ble, or owing in any respect, and in what respect, to the Noble Person
for so Many yeeirs at the head of the Chancery Court. His Hon. and
Learned I, riend said that the presence of the Lord Chancellor during
the inquiry was most advantageous, because he brought his expe-
rience and learning. for the information of the Commissioners.
He ( sir. Brougham) had no doubt that this was the MSC He was
aura the Lord Chancellor would not throw any obstacle in the way
of an inquiry into the practice of his own Court. The Hon.
Menthe,: tor Lincoln (Mr. Williams), nor the lion. Illem!,er for
Ihnham (51r.M.A.Taylor), had never (tinted that the Lord Chan.
eellor would interfere personally ; but he and his Hon. Friends
said that the presence of one more repulsive, and having; less
fascinating manners then tile Lord Chancellor, was likely si-
lently to impede the progress of that delicate inquiry. The
less active he seemed the more dangerous was his presence.
—lle looked in vain for the removal of those aprrehenaions,
from the Report on the table. Ile was exactly of the same
mind now that he was years ago. He had no expectation of a
vigorous scrutiny into the question, winch was not the least im-
portant, how much the delay might be attributed to the infirmity
tof the Noble Person at the head of the Court. Allusion had been
made to the opinion of Mr. Montagu. He (Mr. B.) respected
that Gentleman very much ; but lie protested against its being
understood that Sir S. Romilly would have coincided with Mr.
I Montagu in his opinion as to the Lord Chancellor. He knew
nothing of Mr. Illontagn's political opinions—he had never heard
of his political connexions; but it so happened, unfortunately
either for the Lord Chancellor or Sir S. Hominy, that they had
entertained contrary opinions upon almost every great political
subject. It was said that no one man could do the business of the
Court of Chancery. One witness said that three angels could not
do the business. His lion. Friend was a classical ;choler, as well
as a good lawyer, and knew the old stage rule, that a god
should not be introduced where a god was not necessary.
The same principle applied to a Court of Equity, and he thought
three men would hays been more to the point. It was said, too,
that no one man could do the business of the Court of Chancery, if
he sat from It) to 4 o'clock every day in the week; and it was
added that this was business enough for any one man. Ile (Mr.
Brougham) agreed that this was sufficient businees, and that more
than this no Judge was capable of performing. The question na-
turally arising was, whether the Lord Chancellor sat six hoists in
the day for slx days in the week, but that inquiry was not pursued.
The consequence was, that it went out to the country that the
system alone was, to blame, although no proof had been given ; but
the the Levi Chanceller had done that which it was adOlil-
ted on aU aides was as much as any one man could do. The
great object was to separate the political and judicial situations
of the Lord Chancellor, which, after all, were the principal causes
of the distractions and difficulties of the Chancellor. Added to that,
was the disposition to doubt, which so strongly characterised Lord
Eldon. It was quite impossible for him to attend to all the duties
which he had to perform. It was also a cause of complaint that all
attempts to procure an inquiry into the practice of Chancery had
been resisted, and that too by the friends of that Noble and Learned
Lord. He would oak, what had been done during the lam sixteen
years to remedy the inconveniences in the Court of Chancery ?
Mr. Secretary PEEL explained.
Mr. R. SMITH said it was not the business of the Commis-
sioners to inquire into the conduct of the Judge, but into the prac-
tices of the Court of Chancery. Ile had signed the Report, not
because he thought it contained all that might have been
done, but because, under all the circumstances, it would do
much good.
Mr.-DENAIAN said that there appeared some inconsistency in
the various accounts which had been given of the course pursued by
the Commissioners.

Mr. TYNDAI. thought the arrears in the Court of Chancery
arose from accident, but chiefly to the indisposition of the late
Master of the Rolls; he did not think that any part of it arose
from mismanagement.
After a few words from Mr. A BEHCROMBY and Mr. STANLEY,
leave wns given to bring In the Bill.
The House then went into a Committee on the usual Sessional
Orders, which were agreed to. The other orders of the day being
then disposed of.
31r. C. W. WYNN gave notice that his Right Honourable
Friend, the Secretary of State for Foreign Affairs, would to-morrow
(this day). move that the House, at its rising, should adjourn to
that day se'nnight.
Adjourned at HALF. PAST TWO.
H.4kf BURGH PAPERS.

STOCWIIOLI4, MAY 3.
TO-day, after two o'clock, her Royal Highness the Crown Prin-
cess was happily delivered of a Prince. As soon as this fortunate
event was known, the sincerest joy was everywhere manifested.
Their Majesties, the King and Queen, with the Crown Prince,
and a numerous sake, wet t to the Cathedral, to return thanks to
Heaven for having granted their wishes. The young Prince will
be baptized on the 11th of this month, which is the anniversary of
his Majesty's Coronation, and receive the names of Charles Louis
Eugene. Her Royal Highness is as well as can be wished.
MAY 6.
The day before yesterday there were thanksgivings in all the
churches, which were crowded, for the happy delivery of the Prin-
cess. In the Cathedral, where their Majesties and the Crown
Prince attended, service was performed by Dr. Hedren, the prin.
cipal chaplain to the Court ; after which Te Drum was performed.
In the evening the national hymn was sung twice in the Opera,
with the greatest enthusiasm.
On the 16th of last month, the English brig, Livonia, was
wrecked on the coast of Sainte.

Our Journals now contain an appeal to the public in behalf of
the Greeks.

REALM. MAY 10.
Their Royal Highnesses Prince William of Prussia and his ('on.
sort, are gone to Mayence.
Mr. Wary, a British Cabinet Messenger, has passed through
here, on his way from Petersburg!' to London.
The continued heavy rains, and the fall of snow in the moun-
tains very late in the season, have caused the rivers in Silesia to
overflow their banks to a great extent.
PRZSBURG, May 4..

There has been no sitting of the Diet shteetthe9.l.d,'43n the 16th
of last month ; but the Estates continue their deliberations sepa-
rately.
On the 16th of last month a fire broke out in the great market
town of Nagy Koroo. A high wind prevailing at the time, and
the fire having commenced In a stable in the middle of the town,
where the houses are crowded together, it spread with such rapi-
dity that In a few hours above 1,000 buildings were reduced
to ashes, in spite of all the exertions of the inhabitants, although it
was the middle of the day.
VIENNA, Mar b.

We learn from good authority that the Ansbautrideviii the
Emperor of Brasil, at this Court, has received inatructions to
engage 300 officers, on ..dvantageous conditions, for the Brazilian
army.
EXCHANGES ON LONDON.

HAMBERGII, MALY 12.-38 11 2 months, S 6 8.
PETERMILTRGIL, APRIL 28.-9 5-16.
Leirsta, MAY B.—Two Months, 6 20i.
BERLIN, Mir 9.—Three Months, 71.1 i.
AEGSSIFRON, MAY 8.

After three weeks dry weather, we had, or the lit of May, a
fall of snow nearly a foot deep. On the 3d the weather became
milder in this part of the country, and yesterday, after a aukry
forenoon, we had the first thunder-storm. The very first Mash of
lightning struck a flock of sheep, about three-quarters, of a league
from this city, and killed the whole flock, cor.Ating of 170 sheep.
The shepherd and his dog were not injured, Allftagh only • abort
distance from the flock. On the Ist of Mrs • yoga WAS frozen to
death, who, being in • gate of Mee:leaden. of an in the snow.
His Royal Highness York has honoured
Mr. Squibb's room with biz presence, and inspected the
splendid jewellery and plate of the late Mr. Thomas
IdliCh is to be sold to-day.

PIUCES Or Rani=
Rank Stock 201 200 2014
X per Cent. Red. 77j
3 per Cent. Coss. 701 ► 77j 78
l)ltte Acct. 7SI ni 7i
SO per Cept. 844
S} per Cent. Red. 84"4 4
New 4 per Cent. 904

PRICES OF FUNXIGN
BruMan Bond. 44

..
Colombian lion& 40

Ditto ti4;-nrit(liai)-4.2 6 16
DIU', Acct. t 2 II n 2
Mullah Bondi (11d5; 631 tt 31*
Ditto Acct. 54

P;;Wchii.ente; 5 per Cent. 96f.b0c.
16f. Zie.
Fl.. change 25f. SOc. 60c. 65c.
►rench Ratites 3 per Cent. 6.1 f. SOc.
Exchange 26f. 60c. 65c.
PRICES OF 131131

hogln-Ifexlean .
Columbian.. .......
United hf exlean .......,
Welch Iron and C0a1...

Protector Fire .

Continental

TOCHS TESTFATIDAY.
Lon/ Men. 1t 11-14 f 11 PG
Melia Stock

lath. Bonds 9 10pre
Ex. Mu, WOOL 9 10 pa
Ditto 9001. 10 pon
Data filltali 9 50
14,1t,ery Th:Lets 211. IN.

11 lfrC !CS YF:4I'I,4IDAY.
Greek Bode,* ( i d 26) 16
MvilCaTl Bond.
lAilto 11..nde (1t,95) 923 a k li
Ditto Acet.G2t i 2 11 24 9
Prov.lun Ronde
itittb tiondr (1822) 9lf • t
line.ken Hondo 74 Le 6
Ditto Acet. 761 i
SpanlA Bon& 7i
Ditto Bond. (1823) 44 i
, Ditto AceL

MS YESTERDAY.
ithAre. Paid.
,elOO 1.0 20 'Rs
100 sol 4i Ll 4
...: 10 20 par
24 24 11 Ws

AsSUBARCI

OAS LIMIT AND COBS _
100 d 7 dill
GO 1 1 pm
100 1 pia
lOU 15. Ot die

•1.0. t**iou.

2 1 dt s

Canal Gav Engine
Aaa Engine Carriage
Provincial Bank of Ireland .

the Brits ft VrtsSiS.

DRURY-LANE TIIEATRE.
This Evening, FRIDAY, May 18, will be perforated the Historical ray of
WILLIAM TELL.
William Toll, Mr. Mricretviy; Albert, Miss Vincent b Michael, fr.
Wallach, Ce.ler, Mr. Archer. Emma, Mn,. Bunn.
After whirl, the Melo.Drarna of
THE le/NKr:LEER'S DAUGHTER.
Richard, Mr. Pcniey Mary, Miss ise,:y.

COVENT-GARDEN THEATRE.
TM' Evening, FRIDAY, May 19, will be performed the Romantic
and Fairy Opera of
OBERON; or, THE EIX-KIVG'S OATH.
The principal Characters by Memes. Brahmin, Cooper, Truntwa, C.
Eland. J. heart, and Baker, MlA.et Paton, H. Caine; Madams Yea.
trig, Mr.. Vining, and Mrs. Davenport.
To conclude with the Comedy of
CHARLES THE SECOND.
King Charlet the Second, Mr. C. Nimble ; Lord Huebert'', Mr. Junes;
Captain Copp, Mr. Fawcett. Mary, Miss Helme.

SADLER'S, WELLS.
mt. EYelling, FRIDAY, May 19, witl be pfrfonned the Comic Itallet of
WEDDING CAPERS,
THE •ILLAGM SUBSCRIPTION.
After which the Comic Romantic Heml-Rueleeque Magic Melo-Dranw of
THE PEACOCK'S FEATHER;
OR, VII GRAND CARAVAN AND TUB lIADOLIR Ot CAIRO.
• To conclude with the celebrated Barletta of
SIR LALSICELOT GREAV ES ;
OR, TIC MII2IOIIIRI 07 T 12107111

•a• The Lottery now on Sale is the Lao that will ever he allowed in ON
Kingdom. The price of Tickets and Shares will rise in a ten dare.
There are Sista 0,0001. All to be llsimp In O♦e flay.

Puss commenced publishing yantiday morning
at tive o'clock. '

LONDON, FRIDAY, MA I( 19, 1826.

We have received the French Papers of Tuesday, and
the Toile of Wednesday. The following are extracts :
.

- [From the Cour;ier Francais.) '- ' '
The Evening Papers endeavour to call in question the taking of
hlissolonghi. They oppose to this fatal news only letters, of which
they give neither the source or the date. Would to God they might
be right, and that we may have been led into an error ! The news
of the taking of Slissolonghl was brought on Friday night, to tile
Frederick Adam, now at Paris. He received • courier from
Corfu, by way of Ancona, bringing despatichei which, it Is said,
contained an account of the taking of Mi.soLaoghi, given to an
Englishman of rank, by a Greek who escaped from the my-
sscre of the inhabitants of the city. We subjoin the accounts
which we have been able to collect to-day, and which bear
marks of probability One of the defenders of Minsolonghi,
who escaped by a miracle the general massacre, relates that
famine had been more fatal than all the efforts of the barbariaos.
seems that for a fortnight the inhabitants were reduced to the most
dreadful want. During th:s whole time they existed on the most
disgusting aliments. Their hope was kept alive by the appear.
once of part of the Greek fleet, which cruised opposite the town,
and made every day some new attempt to take possession of Vas-
silatli, or the entrance to some canal, in order to send mimics to
hlissolonghi. Unhappily none of the fire-ships which were launched
took effect, and the Greek ships were much too weak to contend
with the large Egyptian men of war, or to expose themselves to the
fire of a battery on shore. After having held out till the torments of
famine becime insupportable, and after a council held by the
Chiefs, it was resolved that, in the night of the 22d, four corps,
formed of warriors, in the centre of whom the .wonten and childrrits
should be plexed,should successively sally from the town, and end is-
your to pass through the enemy's lioe, and reach the mountain& of
Etolia. The unfortunate people thought they acted in concert with
Karaiskaki, and that by means of a simultaneous attack they 'night
leave a place which was no longer tenable. But whether thyy were
betrayed, or whether fate had so decreed, they put their ply' in ex-
ecution at eleven at night, on a signal which they thought was
agreed upon, and the first corps came directly opposite to a masked
battery, and was almost entirely destroyed by the grape shot.
About 100 men, who escaped, took refuge behind some ruins, where
they sold their lives dear. The other three corps, terrified by the
fate of the flower of their warriors, endeavourcd to retuan into 3lis-
solonghi ; but the confusion was great, and the place without tie-
fence ; the Turks soon penetrated into it. It was now one
o'clock in the morning. All able to bear arms were massacred
without mercy ; only the women and children, to the number of
4,000, were epand, to be sold as slaves.
[The Revile, dated Wednesday, May 17, has no news. The
Monitcar gives a list of one Archbishop and 24 Bishop• aha
had adhered to the Declaration of 3d April, Ia addition to the 45
who had before expressed their assent to it.]
Fnrtxca Ftarns.—PAals, Max 10.—Five per Cents. of.
25e.; Three per Cents. 64f. 20e. ; Bank Stock, 201t1f.; Rentes tie
Naples, 73f. 40c. ; Royal tipanish Loan, 44f. Ofc. Exchange
on London—One Month, 25f. 55c.; Three Months, 25f. 3k.—
, Colas AutlFatique.

1 The Dutch Paper, which arrived last night, inform us
of the complete recovery of the King of the NET Hist •Nlis
from his recent indisposition. It is now confidently af-
firmed that the last negotiations with the See of Rome will
lead to a final adjustment of all that relates to the Catholic
worship in Belgium. At c iedam there was to be a grand
concert of vocal and instrumental music, in the Dutch re.,
formed church, for the benefit of the Greeks.

We subjoin the letter of Don 1411totiEL to the Psi NCESS
REGENT of Po aTUGAL, which has been published in tha
French Journals :

"MT TENDER SISTER l.—A. prey to the meat profound griefs
caused by the irreparable loss which we have just experienced, my
desire is to see tranquillity prevyill in our country, and to respect the
Sovereign decisions of our dog Father and Master, whom it has
Pleased God to call to himself ; and though the fidelity wlueh the
Portuguese nation has always observed towards its Sovereigns Ls
unalterable, It is, however, possible that eril.minded personas
actuated by sinister Chi r opreheneible views, may seek to excite is
the kingdom criminal ,ennimallerna, perhaps making use of my
name to sorer their pee,idious views.
" Coder theme circu instances, and considering thedistance whieia
i
separates me .tuni rvetugai, have thought that t was Dot Oaly
suitable, but absolu ski, necessary, to express, by the cot, means
to my power, that, /tar from authorising, directly or Indira:ay, GDP
seditious sanding sodisturb the tranquillity 01, ono
country. I pool Awe(' isolate that nobody repeat 100111 tban
I do the hut will of mu august Pother and blaster, and
that I shall *rays diiilesin awry *mg that shell not la
elararaibbis tro tbo dimotillimoof thodoomOofitto kb:Alma of do
plum year,. by tibia Ms Wow i NNW &ad, KW elo
-TA** Vorfigiel ItteVii pYgi saidialaiss, *waft • Me,
iteenlmataillie aorarsirmeas

•
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