The Sun.
London, England, 1852-02-13 00:00:00

EVENING,

FRIDAY

IMPOiIAL PARLIAMENT.

HOUSE OF LORDS, Feb. 12.
The LORD CHANCELLOR took his seat on the Wool-
sack at Five o'clock.
IMPORTATION OF ARMS IN THE CAPE
COLONY.
The Earl of MALMESBURY gave notice that he
should to-morrav ask certain questions relative to the
importation of arms and ammunition to the Cape Colony.
PATENT LAW AMENDMENT.
Lord BROUGHAM presented a petition from Black-
burn, praying for an amendment in the Patent Laws ;
also a petition from Brighton, praying for the compul-
sory eefranchisessent of copyholds.
COMMON LAW PROCEDURE ACT.
Lord LYNDHURST begged to put a question to the
Noble and Leaned Lord on the Woolsack, whether he
would have any objection to refer the Bill now on
their Lordship' table with regard to common
law procedure to a Select Committee, as it contained
several nice prints which could scarcely be discussed in
a Committee of the full House. With regard to the
table of fees, he should propose that they be retained in
the Bill, and then, following the usual custom with re-
gard to money clauses, be struck out on the third read-
ing, in order Chit the other House might have an op-
portunity of seeing what was the opinion of the House
on that subject,
The LORD CHANCELLOR said he should have no
objection to the course recommended by his Noble and
Learned FrienC, and he should be obliged for any
suggestions whint might be offered. At the present
moment he was not prepared to frame a table of fees
without having taken the opinion of those who were
most conversant with the subject.
Lord LYNDHURST said the table of fees formed a
part of the. original report. He wished, in addition, to
ask the Noble Lord whether the Court of Chancery Bill
was in such a state of preparation as to be ready to be
laid on the table of the House of Commons on Monday
night, as had been announced?
The LORD CHANCELLOR said that that an-
nouncement must hare been given under a mistake,
because the Bill was very far/from being in such a state
of preparation as to ba brought forward at that time.
He could leisure the Noble and Learned Lord that every
possible means of expediting the measure should be used.
Lord CAMPBELL expressed his earnest desire, as
Lord Chief Justice of the Court of Queen's Bench, that
the Bill for the amendment of common law procedure
would be carried forvard with as great speed as pos-
sible. It effected a gteater change in the mode of pro-
cedure at common lav than had ever been contemplated
since the reign of Edward I.; and he was sure it would
confer the most important benefits on the suitors.
Lord LYNDHURST thought it would be the most
convenient course to refer the Bill to a Select Comccittee.
where the most deliberate consideration could be given
to the subject.
The LORD CHANCELLOR complained that these
reiterated attempts to anticipate the discussion on the
yet unborn Bill for the reform of the Court of Chan
eery were as inconvenient as they were irregular. If
such discussions were to be continued, much time would
be lost without advantage to their Lordships, and with-
out benefit to the rublic. When a superior judge was
to be called upos to do for 6,0001. a year what
the Master had heretofore done fur less, and when
subordinate officers were to be called upon to do
what had hitherto been done by the Masters themselves,
be might be permuted to ask for time to enable him to
make up his mind. If his Noble and Learned Friend
had made up his mind on the point, ao soon after the
appearance of the report, it might be owing to his
Noble and Learned Friend having greater facilities for
making up his mind than he had. His (the Lord Chan-
cellor's) facilities might not be so great as these of his
Noble and Learned Friend, but his responsibilities were
greater. He repeated that he had not made up his
mind on the subject of the Masters' office; on the con-
trary, not having anticipated that the abolition of the
Masters'-office would be proposed, he had prepared to
fill np a vacadcy which had occurred. He was then
asked, " Are you aware that the Commissioners intend
to abslish the office?" To this ho replied that he was
not. He had then applied to the Comuotssieners for in-
formation on the point, and the Commissioners then told
him that the abolition of the office was then under con-
sideration. He required a more distinct and definite
answer. He required that a meeting of the Commis-
,ioners should be convened; and, atter they had met, be
received this answer to nis question. namely, that they
intended
be edtodtadhoeloisthfiltihoep Masters'-theoffiee:.fficlv hen the report ofe, and in conse-
quence
he Commissioners appeared, about ten days ago, he im-
mediately applied his best attention to it; but he had
not made up his mind to carry all the details of it into
affect. It was, he admitted, a most valuable report, and
would be productive of great public advantage. Whether
those who almost stifled that report with their commen-
dations were prepared to go the whole length of it be
could not tell, but he had not yet made up his mind fur
the abolition of the Masters'-office, whatever he might
do after a minute and careful perusal of the report. He
had not yet made up his mind, he repeated it, either one
way or the other.
Earl FITZ'iVILLIAM was saying a few words on the
point of order, which were not heard in the gallery,
when ho was suddenly interrupted by
Lord BROUGHAM, who contended that nobody was
more out of order than his Noble Friend at that very
minute. He had often heard questions put 'and answered
both in that and the other House of Parliament; but a
plainer question than that put to his Noble and Learned
Friend on the Woolsack by his Noble and Learned
Friend near him never had been put, and a more unsa-
tisfactory answer never had been given. That answer
was given with so many "ifs" and with so many " un-
fits," and with so many qualifications, that he defied any
man to know the result of it. What were they to con-
jecture to be his Noble and Learned Friend's meaning
when he said, that when he had time to peruse and con-
sider the report he might bo of the same opinion with
the Commissioners, and if he were, then he would adopt
their recommendations? He did not complain of hi.
Noble and Learned Friend for having given this answer,
which was no answer at all, if he wore in this entire state
of thickest darkness--for, until light broke upon him, it
was impossible for him to give any other answer than
hat which he had just given. But, under such
circumstances, he (Lord Brougham) felt utter disap
pointmentWhen he found in the other
House
public consideration, o Parliamentannsidd edr dismay,
founded measure
,)n
the
wasreptoorbt of estuhbemitted
to
Com-
missioners, opposed to it, and when he also found
thsithisNo andble notand
Learned Friend was not intending to
leave out of it one of the most important recommenda-
tions of that report,—.which he almost stifled with his
commendations, thsugh he differed from points of detail
in it,—surely he (Lord Brougham) had a right to expect
that a measure of Chancery reform was not only in con-
templation, but was, also actually prepared, in compli-
ance with the gracious speech from the Throne. It
would appear that all this expectation had arisen from
the accidental circumstance that there was not a good
understanding between the Premier and his Loud Chan-
cellor. The notice of motion was a mistake on the part
of Lord John Russell; but what did this prove, except
chat the understanding between them was, like that of
Derby and Joan, of au unsatisfactory nature? After
indulging in this vein of ridicule for some time longer,
the Noble and Learned Lord concluded by declaring
that, atter the answer of the Lord Chancellor, his hopes
of Chancery reform were entirely dashed to the ground.
The LORD CHANCELLOR reminded the House
that, at the commencement of tho session, his Noble and
Learned Friend had complainsd that their Lordships
had but little to do. From the prospect which they now
had before them, he thought that their Lordships might
now discharge their hlinns from that misapprehension.
For his Noble and Learned Friend, who had just sat
down, even before a measure, which was only in contem-
plation, bad been introduced into Parliament—tor a pur-
pose which could lead to no useful result, and which he
nevertheless followed up with speeches after speeches,
without any advantage to the county had well con-
trived to misunderstand the few words which he uttered
in way of answer respecting that measure, and had
complained that he (the Lord Chancellor) was not dis-
posed to bring in a Bill, which would require amend-
ment every year—fC
• -r-es Of " Hear") —and to substitute
for an old system a new code, which year after year
would require to be altered and improved.—(Hear, and
a laugh.) And all this was, first, because a report had
been presented not more than ten drys ago, reversing
to the entire extent the whole system of proceedings in
Chancery, and, next, because he had not made himself
master of that report, involved as he was in other
deities, both in that House and the Court of Chancery,
a report, too, so voluminous, that it' he had devoted
to it all his time, both day and night, since
its appearance, he
would not have had more than suffi
cient time to appreciate its merits. Was it, then, fair
or just to him pers malty that these two Noble and
Learned Lords should be indulged nightly in the deli-
very of these speeches,
or rather attacks against him?
—(Hear, hear.) He asked their Lordships to judge what
in candour; but it a
motives induced these Noble and Learned Lords to put
these
questions to him night after night. If their Lord-
ships could not find any ground of public importance for
them,
be found for them. He hoped that he was not wanting
he should like to know what other ground could
night after
proper
had had no time for reflectieg upon it—as bath the
question was put to him when he
Noble and Learned Lords well knew that in this in-
stance he had not, whatever they might say to the con-
trary--it was
sub-
mitted to their Lordships whether it was fitting and
it could be accomplishedthe with advantage if his two No-
ble and Learned Friends occupied places, as they once
the woolsack.
did, en Their Lordsbips saw how they
were now treated, merely because they had nothing to
do- He repeated once more that he doubted how tar
of the Masters'-sffice c ,old be carried out. Ho was not
the plan of the Commissioners, es regarded the abolition
could
be accolished; he le quired proof In conclu-
sion he said that
be satisfied by mere
nar declonation that this or that plan
'if his Noble and Learned Friends per-
answer.
.isti d in pursuing this course on future evenings, the
best thing that he could do would be to give them no
Lord LYNDHURST said that his Noble and Learned
Friend had not experienced any attack from him. All
to ask a simple question. d
Lord BROUGHAM observed that all their Lor -
slaps who Ld heard his Noble and Learned Friend's
that he had done
"Pi :it/story ausvver to Lord Lyudhuret must have
point oftact seen that in
If his Noble and Learned Friend had not made up
his mind, as be said that he bad not, no °be
*could expect him to
ire an opinion. He (Lord Broug-
ham) had then expressed the disappointment which he
felt a; haying his hopes of chancery rig9rin dashed to'
g