The Sun.
London, England, 1860-11-03 00:00:00

LORD BROUG_HAM ON TILE LATE SESSION

The Law Magazine for the present month publishes an
extract from a letter, addressed to the Earl of Radnor by
Lord Brougham, on the proceedings of the late session.
The noble and learned Lord remarks, in the first place :
" The session was distinguished from all others, of which
any record remains, by the endless talk about little or
nothing, as well as by what has just been mentioned of the
excessive discussions upon matters of some importance—
discussions repeated without necessity or use. The result
was, that very few measures of importance could be carried
through with such discussion as was required ; that many
of great moment were abandoned ; that others, equally im-
portant, could not even be propounded ; and that, after six
months of talk, with full houses, in little more than a
month, with houses having a quorum and little more, large
sums of money were voted, some resolutions were adopted,
and even bills passed or rejected, by from 43 to 54 mem-
bers; nay, one bill passed, materially altering the law
of debtor and creditor, without any division, and with-
out a word being said. Has the great3ause of Law Amend-
ment reason to complain of the Session ? and has it
reason to be thankful for anything ? Both questions must
be answered in the affirmative; we jestly complain that so
little has been gained, and we are jus:iy thankful for that
little." Deep regret is expressed at the non-success of the
Bankruptcy Bill, and the measures for digesting the crimi-
nal statute law; but his lordship refers with satisfaction to
the passing of two bills relating to the Divorce Court as
well as the Common Law Procedure Act. With respect to
a fourth measure, he writes:—" The Creditors Arrange-
ment Act, which I carried in 1844, enabled persons to
obtain protection from arrest with the consent of a majo-
rity in number and value of their creditors ; but though it
had worked extremely well, and given relief to vast num-
bers, without the leak hardship to creditors, the only
parties complaining being a few who held out in order to
bereaid in full at the, expense of the rest; yet it had one
material defect in not extending the relief to debtors in
actual custody, and this extension had been resisted
strenuously in 1844, when the act was passed. We fortu-
nately succeeded in passing a bill this year, without a
single observation in either House, giving the extension
required; nor can I ascribe our success in this to anything
but the non-attendance of members, inasmuch as those who
had most strenuously opposed the Attorney-General's bill
of which this formed a part, were the adversaries of the
extension in 1844, and probably objected more to this
bill than to most other parts of the Attorney-General's."
He pays a high compliment to Lord Campbell's zeal and
ability as Lord Chancellor, and proceeds :—" But now, my
dear old friend, I cannot release you from this long letter
(possiby, too probably, the last which may try your
patience), without once more giving vent to my great sor-
row (I can hardly say disappointment, for sad experience
had precluded hope), that there appears as little prospect
as ever of our obtaining the measure of high justice and
large humanity which would strike at the root of oppressive,
vexatious, cruel litigation, by adopting the plan in other
countries found to have such ample success—the proceed-
ing of reconcilement. Can any one doubt the effect of a
person's advice in the high position of a judge, wholly im-
partial between the litigants—advice given upon hearing
them in the absence of all professional men ? Must not
this prove decisive in the vast majority of cases where
there are no disputed facts, no witnesses to be examined,
and no questions of law ? Must it not stop scores of vexa-
tious actions and vexatious defences; and who that knows
the profession, or that has had intercourse with unfortunate
suitors, can be ignorant of the numberless instances of
parties who date their ruin from vexatious litigation P Oft
have I tried to open our County Courts to this process,
which in Denmark put an end, the year it was introduced,
to the vast majority of suits; and even in France, where it
was adopted with less effectual rules, to three fourths of all
actions brought, but the profession have an incurable pre-
judice against every such means, a prejudice in many in-
stances, I fear, not unconnected with motives of interest,
and we may complain, as Cromwell did two centuries ago,
that the sons of Zeruiah are too strong for us. They say
it will do no good, and may even increase the cost of the
parties. But this is not easily done, if the very principle
of the plan is that the judge shall hear the parties them-
selves alone. At least there may be a trial given to the
scheme; this can injure nobody; if it fails no one is the
worse ; if it succeeds, what a blessed consummation is
effected. With the profession I will compound ; they shall
have, so far as I am concerned, no more law amendment to
do them injury, no more of costs reduced, no more of litiga-
tion prevented. Let them give me this, and I will lay down
my head in peace and comfort, as indeed before long I must
whether I choose or not—in peace and comfort, because I
shall feel that I have not lived in vain."