The Sun.
London, England, 1825-11-04 00:00:00

[MORNING criJIONICLE.]

We are altogether.at a loss to understand the
Lord Chancellor's speech on the subject of " look-
ing at papers' uttered in the Court of Chancery
on Wednesday. That he- intended to honour,
and glorify himself, we see plainly enough, but
all the rest is incomprehensible to us. We see
the self4audatnry animus, nothing more. We
guess, indeed, that it was his Lordship's design to
meet the objections which have been urged against-
his practice of occupying himself with other mat-
ters -during the pleadings in Court, and after-
wards under cover of doubts, taking home the
papers, some of which are not evidence, under
the promise of giving extraordinary attention
to them at apaulo•postfuture moment of leisure,
which, like his retirement, never comes to
glad the weary suitor. But, supposing his Lord-
ship to have had these charges in view, nothing
can be more beside the matter than his observa-
tions. The good and learned nobleman, in his
particular dignified manner (which reminds one of
the style of querulous and dogmatiCal old gentle-
men in farces,) remarked, when demanding some
documents, that " those who 'think it .their duty
to call fOr this regular evidence, are thought to
be misapplying their time, as well as that of their
suitors." This is quite a mistake. The irregular
evidence is the thing quarrelled with. The re-
gular evidenCe is bad, but that is not his Lord-
ship's fault—it is for a reform to direct better.
In the mean while it is desirable, however,
' that he shotfd nut carry home and form his

opinions, or receive impressions from affidavits
(for example), whict present partial views
of a case. It is thought that his Lordship
might just as well examine papers in Court,
as concern himself about things that have no-
thing whatever to do with the matter before
the. Court, and if he did this it is supposed
that he would form his judgments, the soundness
of which would not be doubted, on the spur of
the moment, and dispatch business with less de-
lay. By cutting him off from the retreat of pa-
pers at home, his mind would be driven into a
corner, as it were, and he would be rescued from
the ever springing doubts that beset his second
thoughts. And let us remind his Lordship, on
the other hand, of the many melancholy mishaps
that have befallen papers at his private residence.
We have heard a malicious report, that when his
Lordship has been long, very long, care-
fully, very carefully making up his mind,
giving his best attention to a cause, the real
truth, the source of the delay has been that
the papers have been mislaid, and scandal adds
that they have ultimately been found where no
mortal would ever think of finding any thing,
in his Lordship's dining-room. But to proceed
with his dignified complaint.—" We are turning
the whole business of the Court topsy turvy, wheu
we are going on, day after day, without pro.
clueing the proper evidence." This is not to be
denied, undoubtedly, if his Lordship has been
going on day after day without the proper evi-
dence, he has been much to blame, and has, as he
forcibly remarks, turned the whole business of
the Court topsy turvy. We are the last persons
in the world to approve of such doings, and had
we not his Lordship's own confession, we could
not believe in them. The navaite of the admis-
sion reminds one of the frankness of a Learned
Judge, who complained one day, that such
was the noise in Court, that he had been trying
people for their lives, without hearing a word of
the evidence ; and, added Sir James, " I will go
on no longer in this way." The Chancellor next
forms a resolution, which seems the more praise-
worthy and generous, as it is entirely uncalled for.
—" Whatever may be thought of the declaration,
I am determined that I won't leave this Court
with power for any one to say that I destroyed
all the evidence in it." Did ever mortal hear
the like ? On what, in the name of wonder, can
his Lordship's mind have been running ? lie then
quoted two instances, in which he showed his su-
perior sagacity and discernment ; they may .re-
semble the judgment of Solomon, for aught we
know, for we do not profess in the least degree
to understand them. All we see is, that they
tend, in the Chancellor's opinion, to his unspeak-
able honour and glory. He sums up his triumphs
with the severe remark—" A II this is called mis-
conduct in the e." We have a shrewd sus-
picion, however, that these things are not those
which are called misconduct in a Judge ; for we
observed that Lord Eldon is very chary -4:;)f
touching on the real ground of exception to his
conduct.