The Sun.
London, England, 1841-02-03 00:00:00

MORNING EDI rioN

could be more absurd than that the decrees of a ludge
who was competent to the performance of his task,
should be reversed by a body of Peers, who were en-
tirely ignorant of every matter relating to the adminis-
tration of the law ? Had this practically been the
case, the glaring absurdity of the pracdce would have
rendered it intolerable ; but the great body of the
Peers acquiesced in the decision of the Lord
Chancellor ; and he was, in fact, the sole
Judge of Appeals in the House of Lords. It was
right, therefore, to consider the qualifications neces-
eery for the performance of the functions of Lord
Chancellor. It sometimes happened that circumstances
might render it expedient that that office should be filled
by a person not possessed of the greatest share of equi!y
law, who might have to learn the law which he was
called on to administer, on whose judgments no de-
pendence could be placed, not on account of any fault
of the individual se filling the office, but, because, pro-
vious to his appointment, his attention had been en-
tirely engrossed by matters foreign to the study of that
law which he wes called on to ediniaister ; and it
might happen, as it sometimes had happened, that he
might decide on a cese without calling in the assistance
of the other Judges. Ali appeals from time
Court of Chancery must be appeals to him-
self. This, of itsein was a wee t alarming fact. If a
Judge in the C,surt below was called on to re-hear a
cause, as that :cause would not be carried to another
tribunal he might change his opinion without any dm-
pugeiug of his judgment, as other circumstances meal,:
Dave been breught to his knowledge ; hilt in a case of
eppeal from his jadisrnent to a superior Cuurt, unless It
was a case of some obvious slip, it would be contrary to
human n iture to expect that ho sheuld reverse his
own decision. His autherity being impugned before
Lis Peers, he had every motive and every feeling to
adirm his own decision. Ile was, in fact, to all in-
tents and purpeaes, a party in the cause. If a Judge
lead is p,cuniary interest in a cause be wets not per-
mitted to sit in judgment on it ; and whilst character
and high station were of any value—whilst self-love
was an actuating motive in the human breast, the Lord
Chancellor, sitting as the Judge of Appeal is the 1-I,us..
of Lards, would have a much stronger motive than
any pecuniary one could possibly be to affirm
his own decision. Tire ancient Grecien had ap-
ec Jed from Phi ie drunk to Paiiip sober ; but
appeals front the Court of Chancery to the House
of Lords were appeals fur Philip sober to Philip drunk
—appeals from a Judge uninfluenced by any motive, with
alt his passians slumbering, to the same Judge actuated
by the strongest possible motives, the passion of self-
love, to support his own previous judgment. Such a
5) stern could not long be allowed to continue, and he
knew thet no one deprecated it more than the present
Lord Chancellor himself. He did not desire to in-
terfere with the jurisdiction of the House of Lords more •
than was necessary, but in his opinion that jurisdiction
could not remain untouched. It was a complete ab-
surdity to appeal from the decision of the Lord Chancellor
in the Court of Chancery to the same Learned Judge
sitting in the House of Lords. lie (Sir E. Sugdcn)
deprecated the hearing of appeals by ex-Judges, for he
thought there was a great difference in men when they
acted under the oath they had taken as a Judge, and
when they were riot bound by any such oath. Ile
vie Neil with alarm the number of judgments that were in
arrear in the House of Lords. It was an effort too
great ler the humen mind. Whilst there wet so much
business tube got through there must be and always would
be an arrear. Ho proposed, therefore, that the Lord
Chancellor should have constant and regular assistance
He had no wish either to add to or to dimini,h the
jurisdiction of the House of Lords. It was essential to
the character of that House that it should continue to
have its present jurisdiction, and he would neither
diminish nor interfere with that jurisdiction. But whilst
he was not willing to disturb the jurisdiction of the
House of Lords, and wished to see it remain in
its present state, he was prepared to propose that
two Judges should be appointed who should be
e illed Lords' Assistants, and sit with tile Lord Chan-
cellor. It not Peers, they would of course have no
voice in the House of Lords, and only deliver a ju-
diciel opinion ; but still they would act as Judges
during the hearing of this cause, deliver their opinions
openly as Judges, and in ail respects sustain that cha-
racter. Such assistance would at oece cure all the .
anomalies to which he had referred. He proposed also
that the Hou.e of Lords should have the power of
cal ng in the Equity Judges to assist them, as they had
et present the power of calling in the other Judges.
Is 1830 he had proposed the formation cf a,t Equity
Exchequer, to be composed of four Judges, namely,
the Lu d Chancellor, the ViceiChanceller, and two
Barons of the Exchequers It was objected to that
the elf ,ct would be to carry the Judges, to a great ex-
f tie ei- eten Court, and his proposal
was not csneurreit tl,,tiar. The I-honour-
able and Learned Member then went at consider-
able length into the merits of the plans of reform pro- I
emsed by the present Lord Chancellor and the Master
of the Roils in the House of Lords in 1836 ; but as
they had all failed, he now proposed to bring in his
plan, and the merit belonging to it was, in his eyes, that
it neither took from the House of Lords any power now
possessed by them, nor did he propose to add to those
it a!readg possessed. The other part of his plan re- •
'sited to the Privy Council. The Judicial Committee
of that Court had immense powers, and had to decide
upon ell the laws not only of Europe but of Asia, and I
had jurisdiction over all the property of the country. ,
The sittings of that Committee extended only to 18
days during the whole of last year ; it had no head, and
in his opinion it hard been as great a failure as the Court
of Review. He rqosed, in order to n.ake it a proper
Court, with a proper head, and regular sittings, that the
two persons who were to assist the Lord Chancellor
should, when not so sitting, sit in the Judicial Committee.
The Right Hon. Gentleman proceeded at some length
to detail the arrangements which he thought necessary
to be adopted respecting the relative positions of the
Judge and Counsel is the Court, to afford the greatest
facilities for conducting business conveniently therein,
and after a few further observations on that part of the
gulject, sat down.
Mr. LYNCH contended that an additional Judge
war necessary. He would, in the first place, direct the
attention of the Right Hon. Baronet to the evidence
given before a Committee of the House of Lords, where-
by it was proved that out of 1,068 suits instituted in the
Courts of Equity, 300 only were set down for hearing,
end out of those 300 only 180 were heard each year.
'Ftiose 120 causes that were thus annually withdrawn,
were not, he submitted, causes of compromise, and that
number formed quote sufficient work for a single Judge
in each court ; for when they heard of a Judge hearing
120 causes, they should learn that he not only heard
those causes, but lie must also take care of them ; he
must hear all the incidental matter that arose out of
these causes, and all the necessary motions referring to
them. He (Mr. Lynch) contended that he had
wale out a case for an additional Judge. There was a
very large arrear in the number of causes set
down before the Lord Chancellor. His Right Hon.
Friend stated that the present arrear in the Vice-
Chencello.'s Court amounted to 455 causes ; but he
did not take into consideration 100 other causes that
stood over ; he would be, therefore, more accurate if
he had stated the number at 535 His Right lion.
Friend might also have told the House that there were
causes now standing over two or three years in the
Vice-Chancellor's Court. The Right Hen Baronet
bad himself proposed that two edlitional Judges
should be appointed in the year 1830, when
the arrears were not near so great as at present,
His Right Hon. Friend admitted the present Judges
could not do more work than they dad at present, and
yet it was proposed to impose more upan them. What
other remedy then was there but to create new Judge'?
The present want of judicial power occasioned the com-
promise of suits and their renewal. It was said the
arrears in the Court of Chancery were not so great as •
they were, but the Lord Chancellor wcull not be able
to hear another cause until n xt Michas: ma: term, and
consequently the arrears F o dd increase in the interim.
There was a great arrear of motions in the Vice-Char-
cellor's Court relative lo railways, :n con equ, nc o'
which the Vice-Chencel or did not fer a cause for
months together. In t: e time of Lord Hardwick
there was but 400 causes and 370 pen ions io
arrear, but now there were in a-rear 2,700 pctitisns.
Did the Hon. Gentleman m on • hat those two Judges
whom he had proposed as assistants to the Lord Chan-
cellor were to give judgment in his absence He did
not think his Right Hon. Friend had rightly stated
Lord Langdale's proposition, and it appeared to him
(Mr. Lynch) that until that plan of Lord Langdale's
was properly carried out, they could not m eke adequate
provision for the equit b'e jurisdiction of the Court.
It appeared to him further that the Lord Chancellor
ought to go into the House of Lords, where, if the busi-
ness
was properly conduct d, there would be a regular
bar, and the appellate jurisdiction would be then pro-
perly attended to. These were some of the suggestions
which he had thought it his duty to throw out to the
House, and he would repeat, that let them reform the
Appellate Court as they might, still the Bill of his
Right Hon. Friend would be necessary.
The ATTORNEY-GENERAL replied, As there
appeared to be no opposition to the bringing of the
Bill on ley side of the House, and as the objections
taken were all to matters of detail, he should offer very
few remarks to the House. He would, however, ob-
serve that it was the unanimous opinion of all the law
Lords, Chancellor, ex-Chancellors, and all, that there
should be two new Judges. With regard to the awe.
sure which tire Hon. and Learned Gentleman had
stated he would bring in, he (the Attorney-General)
would offer no opposition to its introduction. He was
willing that the House should see it, and no doubt the
measure would receive such support as it was thought
deserving of.
Leave was then given to bring in the Bill.
Sir E. SUGDEN moved for and obtained leave to
bring in a Bill for the better Administration of Justice
in the House of Lords, and the Judicial Committee of
the Prey Council.
RUM AND SUGAR.
Mr. LABOCCHERE, in rising to bring this sub-
ject before the (louse, stated that it might be conve-