The Sun.
London, England, 1828-04-25 00:00:00

I

C

anger of business in the Court of King's Bench, certainly
"rising from no fault of the Judges there, who, it was
eictuotel4 devoted as much time as was possible to its det-
PIA& 1 hnt he hid been informed both by the Lord Chief
twtra vide by Mr. Justice Bayley that the business of
pre' had accumulated to an extraordinary degree
, ; •
herteethen, probably, an accumulatiou of business
t ine Courts. An opinion had been held that three
Zfidires,2's'ere not sufficient for the Equity Court, and it
are° suggested to appoint an additional Jndge. This
proposition to which he could not accede until sate-- ,
4:ltaanecessity; and he contended that we had not yet
jard
,reient experience to say Whether a permanent judi-
E was or was not necessary. If it were necessary
: wits sire the country would not grudge the expense.
illee.had„ made those observations with a view to satisfy his
h eriend and the House that the matter had not escaped
is atteeeion, and that it had received from the Govern-
n
it that notice which a subject so important required.--
id require attention, and attention it had received. He
'Quid, therefore, propose to his Hon. Friend to withdraw
is motion for the present, and that the House should
suspend hs decision until some definite proposition had been
vn3;tde• The Right Hon. Gentleman then moved the pre-
"l question, observing, that lie did so for the purpose
Quill the House not to come to any present decision
N-11 the suject f ton. Member's motion. The Hon.
ember could, at any given time, again bring it forward,
in t
Or any. other shape, if he found it necessary so to do.
prey. e Motion having been read by the SPEAKER, and the
ous question Moved,
a;ir JAMES SCARLETT observed, he coincided' in
:1".111°T1 with the Right Ron. Gentleman, that the peeper
nn which to call upon the House for a vote on this
411,.„-2,eet) would be when some specific •motion had been
sle-'4. He felt extreme satisfaction at- learning that the
t.f4ernment Intended to take this matter into consideration.
the agreed with the late Sir Samuel Romilly—a high au-
ire upon points of this kind—in considering that three
h,Nes were sufficient for the Court of Chancery ; and from
ps long acquaintance with the distinguished individual
,„° now presided over that Court, he felt assured, that
"se would be more ready to listen to suggestions for its
to',veal:mitt. He (Sir J. Scarlett) was therefore ready
024 Sit to. see what would be done. The Right Hon.
iwtleatan had said, he would leave to the bar thestask of
' "ding itself from the attacks that had been made upon
" 15Y the
I Ron. Member fcr Colchester. He (Sir Jr Scar-
) Was one who thought that the bar of England' needed
40 * defence;her but there were, doubtless, Members of it, who,
in communication with Members of that House,
„it not tamely suffer imputations to rest upon them,
mestion s° as those cast upon them by the Honourable Member.
the House, ,behi(Sir James Scarlett) felt, however, happy in being
down hie! ta wto state, that of late years, those whose duty it was
one in ans* shitYteh over the precession, and to prevent the entry into
it the pro' gii7 Profession of those who were actuated by a spirit of
f a revolt': tilLeftee,rale and not governed by those feelings which dis-
ease which rei°"'sned. gentlemen, although, perhaps, such characters
gltt
y, namely"seeti 'not be without talent—were especially careful that
150,000" (sit Persons should not find their way to the bar. Ile
s, and per ge,4l4s Scarlett), must repeat, that until some specific
ag on as' to 44 Were put forward, he could not support the motion
ore Friends Hon. Member, and would, therefore, support the
He (Mr• Zlinent of the Right Hon. Gentleman.
Chancel: tlic;Te• BROUGHAM had invariably maintained that
iented, and the Were Judges enough in the Court of Chancery—that
I the result if i'Llvere perfectly able to administer justice without aid,
n ,two der; f(),.7 bestirred themselves, and laboured with industry
;150,0001* Jbee'e Public good. His Hon. and Learned Friend (Sir
lelay in the r 47, Scarlett) had, upon this point, alluded to an autho-
of all par' lei the very highest that could be adduced—more particu-
he House) heeY°Po, rs a subject, with which, of all others, lie must
;one thirti or, . ;,"een the most conversant—the conduct of a Court,
Id profit is 1/,,,?,1a1t he was long the brightest ornament—Sir Samuel
be decide!' tet-lidY had frequently declared in the House, his opinion
quite dil' °,1;11' that three, but that two Judges were sufficient fur
mimeo ssourt of Chancery. In 1812, or 1813, wheys the
ancery, lu ii/3'te'ehancellor's Bill was introduced into Parliament, lie
tan unfits .laFed it on this ground. If, then, at that time, two
that if s It jel Were sufficient, surely, then, three must be so now.
the moot). le, ki true, perhaps, that business bed increased : but if
would, oe 4,the means of deepatching that business had increased
Ince us the :Ile was glad to learn that the arrear of business was
a ease tole4l'shing. He was desirous of saying a word or two as
ared, is the Learned and Noble Lord and his two coadjutors
sry, befall; it;Lnow presided over the Court of Chancery ; and he
ughter and es 17 With those who expressed hopes that from them
noon thiall` ulde arise great benefit to the country. The late
on appal!.„ Chancellor—the present Master of the Rolls—was
yhe wain'' th-g known as' a man of the greatest industry ; a man,
lawyers. whom there, never existed a more diligent and more
Le existig ettlit Judge, or i one who had more devoted himself—
:eh, Cow 547,1 under the pressure of bodily calamities—to the public
etas,' (Mr. The present Vice-Chancellor—whom he (Mr.
rs into that ele;nhatu) would have called his kind hefore his present
of
ne--was also well known as having been possessed
to spoke' tlsaC.otent talents at the her. It was not certainly always
presumed fie (xt eminent Barrister made a distinguished Judge, but
forms ; l>r hiel • Brougham) would wait until experience enabled
ry personel ss t form his opinion of that gentleman as he could now
ight it We Lob Master of the Rolls. With respect to the present
!ondition qty tehancellor, lie was new to his present Court, and
himself el a• cog Gave had some difficulty in acquainting himself of the
re,
•ed no per,' skit Pursued there, yet much might be expected from
roving the Clea,tkan, notwithstanding that, as the Hon. and Learned
he had is his
_"essan (Mr. Sugden) had remarked, he had entered
not disin ol?"1 rt ignorant of the manner of its proceedings, and
he applies" 4: Vett disadvantage.
ably, girdit SI7GDEN begged to explain. He said no such
before the 4.
to inquire, tee,
.13RouckriA3t so understood his Honourable and
members. oree'l Friend, and if he had said so, that it must be his
ission Wa`! NCO there could he no earthly doubt. The Lord Chan-
knew not; to iantead of frowning upon him when he next chrue
'n the case he a motion, would have doubtless said to him. that
indeed lie the"'", told "a plain unvarnished tale." That such was
low it Was tvaii 'act Of the Lord Chancellor was well known—it
an insect' Tigi 4• notorious that the Lord Chancellor was unate-
ee of lag'' it . rated with the forms of his Court until be had entered
re included ell' that, indeed, he had previously been present in it, if at
Its nun'- :11,),:l'aly by accident—as it was that the Hon. and Learned
iend heard Tihilbe (Mr. Sugden) had been in it nearly all his life.
engaged la Wei LWas no Ministerial secret—no Chancery mystery, but
a sense m stet4hoWn to all the world. A year, as was most correctly
tion to this the it, had elapsed ; but then let it be remembered, that
ry had the iniki:ear had been diminished. Then as to the other Corn-
The other s
asee, e now. about to be appointed, to inquire into the
transfer of mole legal and Judicial, existing in other departments,
pleted, noel: tereett,han one Hon. Member had expressed the deepest in-
IprinciPles eoteeslo the result of that inquiry; and more, too, the
inclined to that '7 felt the deepest interest in the investigation in which
conflicting
nowsrnm eaission was enged. If one subject, more than
, and those Were el's could be selected°, on which the strongest feelings
the justice nos 4leited, it was that of the administration of justice._
de an 110s' !nottiert economical- reform itself was looked upon with
of Justice
Antense anxiety by thepublic mind than was a reforin
mbar who • tre a ;
i.,.,.".espeudence of the country. The most san-
his object
•• '--retati,,ons were indulged with respect to the
ich another to keisp4
e"nunitision and the good that might be expected
ry and the d...e from its labours ; but as to economical reform,
the vindi- th4t e Weight, and the pension list, it was impossible
himself he I try ,qy relief could be granted to the country, and the cowl-
intercourse Lsge4 arge felt and knew that. It was, therefore, that men
th reference lilt fl° look to other resources of improvement, and sought
ouch of his leftee:t the means of reform in other quarters. The
e
cony to the 144 in our system which thus presented themselves
had never. '.9(44), roost heavily upon, he 'night say, every class of
had netat Ileto in consequence the feelings they excited were
. e
d them -4411;"`! general. Men of property, men of business,
t with WS tenth thwonriected with law, felt these abuses with an in 7
sintlo346 t'lne to which scarcely any description could do justice
y wlticb /es kwertntile men, men of landed property, groaned under.
l for their
c 45. the man of land knew not whether he had a
43r 41,04 e `3' in-441,,,°0 title—mercantile men knew not what their
.y, if any Where these funds where, or whether they be-
iliitisnizing Cthernselves or to others. They knew not whether
el (Mr. D's trading solely on their own account or in partner-
at pointing _
-"fathers, nor did they know who those partners
d upon the
t'lin'Aittlltesi- any they 14. There never was a statement
in a short .I.e lee;'-'int from an Aaggeration than that the mercan-
abject, and 'nsiek,of this country was the most obscure, vague, and
lie adopted' .11, system any where existing. It was, therefore,
icing until 71.1telOatural that the country at large should most
ted, cone- listen the ruinous consequences that the prolonged
thdraw his fectle such a system must inevitably entail. It was
nine in any ‘l'ing,4llritural that with the feelings which their suf-
le propose. .4' plageie:gentlered, that men should look alternately with
erely state" fneeetCPeetation and suspicions distrust towards the
some time
niallY 01,1' °f* his Majesty's Government; and more espe-
act so as to
seZtot as no disposition had been shown on the
,v ... e15„,,4 a Government to alleviate those sufferings
B exactly tilin..l4, ROCiety laboured under. He repeated, that
he though
to 'lght "ePended on what the advisers of the Crown
intil it %Os: nese eo,L°Per to do in reference to this commission, and
[on. Friend "
eie eteNTloences hung not upon the form but upon
if the band'' 'comber t;
esseeer IL" -on of the commission. An Honourable
3hancellor toonalic's seemed to say that legal persons were pro •
rt_of Chary' . iii,ekrousi'dli:allalified from being of that commission, on
drought tht44ei4l 46,tBat lawyers have an interest in perpetuating
;e and tb; such "'ea. This was quite a mistake, lawyers had
is as to the !tlerits; be,ihterest. Changes but increased their emolu-
uld . bear I, fr?4,.teletts.
that, men did not always act upon their
beforewith to; ulrspert,. thsn this instance, they were influenced by a
ed. veal pre less sordid, motive. They have a na-
sonstitot hoiru lee in favour of a system under which they
eon thep° e rflype. and in which they have been trained—they love
this subject'
,e !tie to ` 9es and refinements which cost them so much
!auses in rate, and such great labour to excel in—they
-ye, also sr' Ith hostility the rude hand that would sweep

Year 14
at of the
ncrealbli
hands for,
from OA
low cora*
to etiot, •
the Court
e, for thq
Conarni.
in Chant.'
nstitutielt
he resell'
are would
oppose
the woos
Eurmure.)
ut patro•
Eldon*
,f it hitu-
it fairlY
rears, said
re a caw,'
11 no suck

a few ev
He neer
from the
place the
in all
ies of fall'
upt cam
verfol tr►'
Insolvent
property
:ant on the
.e did not
)f men, of
indeed, if
to returns
aide.) D
xtravagatO

COUrarY#
alteratioo!
Laughter./
the systto

had flow
SW for the
esitatioa

,ever pre'
shake the
try had 0

away the cobwebs which they had spent so much oil one,
so many nights in spinnieg. It is then on these grounds,
and not on those referred to by the lion. Member, that
would be adverse to the appointment of more lawyers;
nor do I think either that those who may be called Indices
proximi, are the best adapted. As to the old commission,
it is past praying for—its defects are beyond the reach of
cure; bet I may he allowed to express an anxious hope, a
better and a more liberal system may be pursued, and this
hope I share in common with every member of the cone-
inunitv. Ido most anxiously hope that the greatest cane
will be taken in the selection of its members—and there
can be clearly no desire that it should be a commission
consisting of many members. I should rather have thre,
than five, and five would be better than a greater number.
They should be men without professional prejudice; doubt-
less, two difficulties present themselves—you may find
men who have no such bias, but they are left therefore less
capable from being less informed. If you can find men
free from bias, and possessed of information, you incur the
heaviest responsibility if you refuse to appoint them. 1:
you cannot discover such men you give the most complete
answer on the score of an evil selection. If you cannot
find men who unite signal knowledge with large general
views—men free from bias, and incapable of unworthy
compliances, you silence every objection anti remove every
complaint. But if, on the other hand, we see men chosen,
not because they are good common lawyers—not because
they are learned in equity proceedings—not because they
are profoundly and thoroughly versed in the law of real
property—but, because they are weak reforiners, and
powerless as inquirers into abuse—then the inference must
be, that the wish of his Majesty's Government ;s to retain-
the system under which the community is groaning—or at
least that it should pass through the ordeal as little in-
jured by the fire as possible. The Hon. Gentleman then
proceeded to disclaim any offensive suspicion against the
Lord Chancellor, or the Right Hon. Gentleman at the
head of the Home Department. But he felt it his duty,
and he should take the utmost blame to himself if he ne-
glected that duty, if he disregarded the present opportunity
of conveying to the House the well-founded fears enter-
tained by the country at large, in which he fully parti-
cipated.
Mr. M. A. TAYLOR replied. He denied that he ever
insisted upon another Judge. He never pertinaciously
urged any particular remedy. He was called on for a
remedy—he threw out his ideas on the subject; but it
was rather hard to bind him to a specific plan. Ile
differed from the representation made by his lion. and
Learned Friend the Member for Winchelsea, as to the
opinion expressed by Sir Samuel Romilly on the subject of
the Vice Chancellor's Bill, and referred him to the debates
of the period on that subject. He was resolved to take the
sense of the House on this important question. His
statements were, he conceived, fully proved, and the rea-
sonings of those who gave him the honour and advantage
of their support.—The House - then divided, when there
appealed for—
The order of the day ql
For the motion 42

Majority
When we were re-admitted we found the Orders of Am
Day being disposed of.
The House adjourned at a Quarter to Two o'clock.

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