The Sun.
London, England, 1826-05-19 00:00:00

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Several circumst He thought that the first cause of delay
WAS, that the Lord Chawellor took a .different view of his duty
than other Judges did. He not only decided on the law of the case,
but he endeavoured to make up his mind as to 'controverted facts.
Now lie (Mr. Peel) would ask, could any man condemn him be-
csese he felt it his duty to 'Make up his mind on the controverted
facts of a case, or would any man blame him, because he de-
layed his decision till he could conscientiously form his mind
on the facts stated. The next cause to which Mr. Montagu
imputed the delay was, that in all cases of bankruptcy, there
warn no appeal from the decision of the Lord Chancellor. The
third and last causewas; to use the words of Mr. Montagu, the
ronstitotion of the Chancellor's mind and his ultra anxiety to de-
cide the cause justly. Of the delay occurred from the indulgence
of pleasure, or from any frivolous amusements, he should be the
first man to speak with indignation of it; but if he saw a man
devoting 12 or 14 hours out of every 24, to the performance of
a public duty, lie would pass over with a very light hand the se-
veral faults Of him whose delay in pronouncing his decisions arose
from an anxiety to decide the cause justly. In a ease where a
bankrupt had been detained by a decision of the Court of King's
Bench on a debt which amounted to 10,0001. application had
been made to that Court to release him from confinement which
Wae refused ; Mr. Montagu went to the Lord Chancellor, who
had a conference with the Lord Chief Justife on the subject, and
the result of it was the release of this man from confinement,
which Mr. M. states he believes never would have taken place
but for his communication with the Chancellor, and the man might
have been in prison to this very day.---(Hear !)—lt did appear to
him that the conduct of the Lord Chancellor was such as would
entitle him to lasting honour. He conceived the House would
not think he., overstepped his duty when he expressed himself in
such warns terms of a man who had now arrived at the age of
78—who' had spent the last 20 years of his life in attending to
the puLlic business of the Court, who, Although he was respon-
sible for some delay, had not a single voice raised against him to
impeach the pure integrity of his conduct, nor had it been said
that be had devoted the time which was the property of the pub-
lic to indulge in idle pleasures, or vain and frivolous amusements.
Dr. LTISHINGTON observed, that as to whether any delay
occurred between the setting down of a cause and the hearing, or
between the hearing and the final judginent, on which the pro-
fessional conduct of the Chancellor had been blamed, were the
very first points to which the Commissioners had directed their
attention, and if they lir.d not attended to that inquiry, the
most important subject in the case would have been left un-
touched. As to the conduct of the Lord Chancellor during
the progress of this Commission, he did but discharge the
debt of justice, when he said that throughout the whole of
this investigation, he afforded the most material assistance,
arid gave to the Commissioners all their best information.—
As to matters of bankruptcy, it appeared to him that of all the
systems that ever yet was established, the present system relating
ti, the Commissioners of Bankrupts was the most ruinous to the
salter and the country at large. When he saw seventy Commis-
sioners costing the country upwards of 20,0001. a year, several of
whom were quite incompetent to act ; when he saw the Bank-
rupts' Estate nut administered as it ought to be ; he only discharged
his duty to himself and his country when he stated he entirely
disapproved of it altogether.—(Hear, hear !)
Mr. BROUGHAM thought the Report of the Commission was
'very defective. He had searched it all through, and in none of
43 three principal division% could he find any allusion even to
the cause of the mischief which arose from the delay. He
wished to know whether the delay could be attributed to the
system or to the manner in which .such a system warn carried on
at the. Court of Chancery. He had no doubt that Mr.
11 Montagu expressed his real opinion, when he said, that the
delay arose from an ultra anxiety on the part of the Lord Chan-
cellor to decide with integrity and justice. One of the ques-
tions asked by the Commissioners, namely—Could a man, if he
were to sit from ten o'clock to four, get through all the business of
the Court ?—had been very aptly answered by an Hon. Individual,
who said that he thought it next to an impossibility for any than
to do it ; even Übe were to sit for six hours in a day, six days in the
'Yea, and that too during nine months in the year. Mr. Shad-
well had said that three angels could not do it, and he had no
doubt he Alluded to the Lord Chancellor, the Vice-Chancellor, and
the Master of the Bolls.—(A laugh.)—He would prefer the expe-
riment to be tried whether one man could or could not do the duty by
sitting six hours every day, rather. than hear the suggestion of the
impoaaibility of three angels doing it. He entirely agreed with
the lion. Member for Durham when he suggested a separation
of the judicial and political functions of the Lord Chancellor, and
thereby enable suitors at his Court to obtain the advice of the first
l'w officer in the kingdom. It was his firm opinion that the at-
tendance of the Lord Chancellor to his political duties was one of
the principal causes of the delay complained of.
After a few observations from Mr. TINDAL, Mr. ABERCROMBY,
14'1,*. Sc'ra N LZY, leave was given to bring in the Bill.
the Alehouse Licensing Bill was read a third time and paused.
The ether orders of the Day were then disposed of.
Mr. W. Wyss, in the absence of the Hight lion. Secretary
for the Foreign Department, gave notice that he would move
that the House ou its rising to-morrow should adjourn to Friday
le'enight.
The House then adjourned at Three o'Clock. •

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