The Sun.
London, England, 1850-09-28 00:00:00

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LONDON, SATURDAY, SEPTEMBER 28, 1850.

Among the zealous and energetic legal reformers
of the present age Mr. CHARLES BURTON COOPER,
Q.C., has occupied a prominent position. The abuses
of the court in which he has long practised and at-
tained high eminence have chiefly attracted his atten-
tion, and he has offered many valuable suggestions
for improving the course of practice in Chancery by
expediting the proceedings and materially diminishing
the expenses, so as to render it " nearly as cheap to
obtain the opinion of the Court of Chancery on a
doubtful point as to obtain the opinion of an eminent
counsel." The vexatious delays in the Masters'
offices, perhaps the most harassing of the
many and serious impediments that attend the
progress of the suitor for equity, particularly came
under his notice, and he framed a series of orders or
regulations, by which the nuisance might be, if not
altogether abated, at least considerably mitigated, so
as to render it in some degree tolerable to the parties
concerned.

It could not be supposed that a gentleman who had
exhibited so much activity in all matters connected
with the amelioration of the tribunal which he had
selected as the sphere of his professional labours,
should remain indifferent to the constitution of the
head of the court itself—a question which has assumed
additional interest since the First Lord of
the Treasury announced the intention of the Govern.
ment to separate the judicial and political functions of
the Lord High Chancellor of England. The Noble
Lord even declared that he would bring forward the
details of the contemplated measures within a few
weeks, a pledge which shared the fate of lovers'
oaths and electioneering promises, and which has pro-
bably been consigned to the " limbo of broken vows, '
or the place not to be mentioned to ears polite,
which is aphoristically stated " to be paved with
good intentions." It afforded some indication,
however, that the topic which had been
under Ministerial consideration for so many
years would be brought seriously before Parliament,
end perhaps finally disposed cf during the ensuing
session, and, therefore, the public attention was di.
rected prominently to the subject.
Mr. COOPER has treated the matter in a manner
highly characteristic of his profession. He has made
Lord COTTENHAM'S plan, set forth on the 28th of
April, 1836, the basis of his observations, and with
singular industry collected the opinions of some of
the leading men of the age, of distinguished states-
men and lawyers, delivered in Parliament, which
he has republished with remarks showing the altera-
tions that have already been effected, and how far
these opinions are consistent with the ex• Chancellor's
proposal.* We are thus enabled at a single glance to
ascertain the views of ROMILLY and REDESDALE, of
LIVERPOOL, CASTLEREAGH, CANNING, and PEEL, of
WETHERELL, LEACH, and ELDON, Of BANKES and
STEPHENS, and WILLIAM 3, and finally, and not the
least important, of O'CoNNELL, and SUDDEN, and
BROUGHAM. It must be borne in mind that many of these
views were promulgated many years since, when
many prejudices were in existence which have gra-
dually been worn away and obliterated by the pro-
gress of public opinion and the increased enlighten-
ment of the age. But the compilation will prove a
valuable assistance to the statesman in enabling him to
arrive at a correct decision on this most important
question.

It certainly appears to be, as Lord BROUGHAM
justly termed it, a "signal and striking anomaly that
the highest judge in civil matters in the country was a
Minister of the Crown, and was removable at the pleasure
of the Crown ; that to him was entrusted, sitting
alone, and without control, the disposal of property of
an immense amount, and of rights and interests still
more dear to the parties than any rights of property,
however important; and yet he was all this time
removable at the pleasure of the Crown, and was also,
whether he would or not, a political as well as a
judicial character." It is not merely, then, the amount
of duties cast upon the Lord Chancellor—which
are more than can ba satisfactorily performed by a
single individual—that require the change, but the sys-
tem is ralically defective, and in direct opposition to the
great constitutional principle which rc niers the judges
of the land, so far as practicable, independent of
all external influences ; that withdraws them from all
considerations cf party or politics, and makes the
tenure of office not dependent on the *mere will and
pleasure of the Crown or of the Minister of the day,
but on the good conduct of the party holding it. This
judicial independence has ever been regarded as af-
fording one of the highest and most valuable guaran-
tees for the liberty of the subject, and yet it is totally
disregarded i❑ the case of the highest of all the judges,