The Sun.
London, England, 1831-09-21 00:00:00

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I MPERIAL:PajgAAMENT.

HOUSE. OF LORDA SEPTEMBER 20.
The House commenced business at Ten Minutes past
Fiv;; o'clock.

Me. BERNAL and others from the House of Commons
brought up the Surplus Ways and Means Bill, and the
Administration of Justice in Ireland Bill, which were

read frrit time.

A long conversation took place between the Duke of
Rictimosn the E4rl of RosstxN, and others, on: a

motion made by the Earl of SHREWSBURY that the roport
of a survey should be printed. The motion was opposed by
the Duke of RICHMOND and Lord IioLLAND on the ground

of its rntailing an use!ess expence on the country. The
Noble Duke bad no objection that the Earl of Shrewsbury
should see the original, and make as many copies as he
pleased, his only ground of opposition was the rxpence.
The Archbishop of CANTERBURY brought up the
report on the Plurality of Benefices' Bill, with the amend-

ments made by the Committee.
Lord TENTERDEN moved that instead of thirty miles
within which ene person could not hold two livings, the
distance should be forty-6,e miles.
On this amendment their Lordships divided, when the
numl.ers were—
For the original clause iR
For the amendment ...$
Majority —4l
BANKRUPTCY COURT BILL.
The LORD CHANCELLOR moved th .t the Rink.

ruptcy Court Bill Iv, now re-committed.
Lord LYNDHURST—He rose to make a few observa-
tions on this ni'•l. The consideration of it had been, on

more than one occasion, postponed on account of his ab-
sence, and he should be wanting in respect to the House if
he now refrained from m iking any observations upon it.
The observations which be proposed to make would be

. .
made in the spirit of fairness and candour. This was not
a party question, for the object of all was to make the ad-
ministration of justice as perfect as po,sible. The present
Bill was founded on the defect in the administration of the

bankrupt Idws, under the exising sys•ern, and by the pre-
sent G.lnmissioners, and be woulel, therefore, in the first

place, advert to the charges against these Commisionern
He did not allude to any charges made against them in this
or the other House of Parliament, but to the charges made

against them in other quarters, where they had been at-
tacked and most grossly calumniated.—(Hear, hear, from
some Lords on the Opposition Benches.) Tory hid been
charged with incapacity, with indolence, with being greedy
of fees, and acting not from a regard to their duties, but
from selfish motives. It was easy to set a-going these
calumnies against them in a quarter where they were not
known, and, therefore, it was the duty of those who did
know them to come forward and repel these calumnies.
This was due in justice to them and to the public,
which was interested in the characters and conduct of those
who had important-public duties to perform. During the
three years when he held the Great Seal, he had had an op-
portunity of ohs( rving the conduct of the Commissioners,
and he could, therefore, say, from personal observation,
that the charges against them were utterly destitute of
foundation.—(Hear, hear.) In that body there were in-

dividuals of the greatest knoa ledge, of the most honour-
able principles, and the highest talents, and in every re-
spect of a character equal to the important and confiden-
tial station which they held; and, indeed, equal to any
station ; and he would s,y of them u a body, that they
were well qualified faithfully and ably to discharge the du-
ties imposed upon them. He'had had an opportunity of
observing their proceedings for three years. His Noble
and Learned Friend near him (Eldon) had had an oppor-

tunity of observing them for a much longer period, and
what he had said he had said in his pregence, and without
having had any communication with his Noble and Learner
Friend on this subject. He believed his Noble ant

Learned Friend would confirm his statement. And it was
the more important that his Noble and Learned Friend

should confit m it, as his Noble and Learned Friend on the
Wnolsark anti ..0 - e.t..
Noble and Learned Friend near him, from which an
inference had been drawn very different from what was
intended to be conveyed by it. It had been repre-
sennd as applying to the London Commissioners,
whereas it really applied to a very different body of men
—the country Commissioners. If any cne doubted the
capacity, the character, and the conduct of the London
Commissioners, he would appeal to the fact, that not-
withstanding the great variety, number, and complication
of the cases that came before them, and the multitude of
decisions which they had to pronounce, there were in the
first place, comparatively a very small number of appeals ;
and in the second place, (a very small number even of the
cases appealed that hail been reversed. This was a deci-
sive answer to the calumnies that had been uttered and
published against the Commissioners, and proved incon-
testibly that they were capable of discharging, and did
well and ably discharge their duties. But where there
had been so much declamatory accusation against the Com-
missioners, it became material to consider the particular
points of the charges. He had no intention to go into all
that had been said and published in different quarters;
but there were two petitions laid on their Lordships' table
which might be taken as embodying the substance of all
the charges. One of these petitions was from the Com-
mon council of the city of London, and the other from
a meeting of bankers, merchants, and traders of Lon-
don, assembled at the Mansion-house. In the first of
these petitions the grossest charges were preferred
against the Commissioners, and in no vety delicate
language. But looping at the charges in both petitions,
lie could say that they were totally destitute of foundation.
One charge was, that there were fourteen lists of Commis-
sioners forming 34 different Courts, each of them governed
by different rules of law. This charge was, on the face
of it, destitute of foundation. The Bankrupt Laws were
founded on special Acts of Parliament by which the Com-
missioners in all the lists were guided. These Acts of
Parliament were the index to which the attention of all
of them were to be directed ; and the small number of ap-
peals proved that they all did efficiently direct their at-
tention to them. Another charge of a still worse cha-
racter was, that these gentlemen—honourable men and of
high character, multip'ied meetings for the purpose of en•
hanc'ng their fees. This was a charge of fraud, and it
would require strong evidence to prove it against such
men. It was a maxim of our law, that fraud was flat to
be pr, sumed ; and keeping this maxim in view, look at the
probabilities of the case. The meetings which were said
to be thus multiplied, were mere private meetings ; and
a Commissioner was obliged to sit there for two hours, and
often sat much beyond that time, and the whole remu-
neration which be could demand was 11. Even if the in-
dividual bad been base enough to multiply meetings for
the value of the fees, the motive was utterly inadequate.
Contrast with this the language of a Committee of the
House of Commons, which had this subject under consi-
deration. They were gentlemen. They objected that
the paym nt of the Commissioners was by fees ; and the
reason which they assigned for this object was, that
beral persons would on that account be apt to say that
they multiplied meetings for the sake of, the
fees ; although the Committee themselves completely
acquitted the Commissioners of acting from any
such motive. Another charge was, that the youngest
and most unfit • men in the profession were
usually appointed Comthissioners. The youngest man in the
number had been appointed by himself; and that person
was distinguished for his ability and eloquence. Now he
had appointed none under the mature age of 30, and al!
whom he had appointed were well able to discharge the
duties of the situation. Then it had been laid to the
charge of the Commissioners that they were not punctual
in the discharge of their duty, but they were, on the con-
trary, careless and negligent. This was a most futile
imputation,
and could hardly have been seriously urged.
Indeed all the charges were only worthy of being met with
scorn, derision, and contempt, as mere slanders on the
character of honourable men. He felt himself bound to
enter into these deltas, us he had had personally an op.
portunity of observing the proceedings of the Commis-
sioners; and he again said that the charges were un-
founded, and that they were all learned, honourable men,
and well qualified to discharge their duties. So much as
to the Commissioners. Now as to the system. Some of
the advantages of that system were not to be overlooked.
It some times happened that there was a great deal of
business of this kind to do; at other times it happened
that there' was little or nothing. To this state of things
the present system was admirably adapted, as the business
was always done without delay, and with the greatest
possible facility. Another advantage was, that the
business was done in a manner that was extremely cheap
to the individual suitor. If he bad to go to other