The Sun.
London, England, 1826-08-12 00:00:00

10 fel '
,PHUT OF TITT ivt7l3LTe JOURNALS.

"Next to being a suitor in that awful of Court damn-
cery, tho ire plus ultra, perhaps, of misery,. is the pain of
reading the
_daily narratives of its " transactions; if
Oth aname. can fairly applied to that spirit,* of busi
ness, whose nature never to be transacted at all. If
equity vita invented, to supply_ the defective rules of law,
we must admit;:in common justice, that its OWit evils are
of a description the opposite to scantiness or deficiency.
But, Whether an excess of multitude and of :minuteness
in ChanCery forms, has been found a beneficial substitute
for that of unavoidable generality in the remedial maxims
of the comnien law of England,- he-who is condemned to
stiffly the fatiguing retorts which we have alluded to,
may raise some questions, not too difficult for even Lord
Eldon to deCide. The extraordinary circumstance that oc-
curs to every one in reading over the reports of our chief
equity tribunal, is. the tendency of this strange Court
to aggravate the mischiefa which all kinds of liti-
gation must be presumed. to spring from. Doubt-
ful,.,or at least maletermined rights, are the Calsl4s of
every appeal to the Magistrate. But we defy any
man who follows the alternate speeches of Judge
and Counsel in Chancery, from the sitting to
the breaking
.up of the Court, to point out the operation of
the remedy in a practical alleviation of the grievance.—
If the rights of parties are questioned before they come
into Lord Eldon's Court, see into what a stateof inexs
tricable difficulty they are plunged after their sojourning.
One doubt exists upon a given subject of contention, and
the person:: interested pray the learned Judge to resolve it.
The prolifi' mind of the noble. Earl cameo in contact with
the matter in,dispute, when, lo; this one contested prin-
ciple spawns on the instant wholi myrriads of young em-
barressinents, invisible some to every human eye but that
of their venerable author—but to him in their nature in-
tractable, and in their numbers interminable—leaving the
property or interest out of which they grew—like a shot-
ten herring—not worth fishing from the abyss where they
now lie wasting and forgotten. The fashion is to cry up
Lord Eldon's acuteness, and to speak of this quality as of
soinithing quite curious and admirable. Now, an instru-
ment may be so constructed as to exhibit much ingenuity,
and'perform bitt little service. The mind of the Lord
Chancellor is all acuteness, and, as it appears, to us, ham
neither substance nor force remaining : like a worn-out
knife, the back of his Lordship's judgment is as sharp as
What was once designated the edge of it. A weapon re-
duced to such a state cuts." in opposite directions, and, we
submit,- had better be disposed damn the " old stores,"
the sale of which,- though at priceafar below prime cost,
is placed annually and deservedly to "the credit" of the
Government. On turning over the file of this journal
sine's the end oflast month, and on. looking at our law re-
port for the quantunibf real business, the -number and
importance of the decieions pronounced by the learned
and much-landed Judge of the High Court of Chancery,
we find, that on the 31st Of July, rrt. a motion of " Const
a'. Harris," his Lordship " Must see both Masters before
hes could give any further directions, and must also see all
the orders in the cause before be could decide about per-
mitting an order of the Vice-Chancellor to stand." The
tame day in 4' Glaesingtonand Thwaites," oldie Morn-
ing Herald, his Lordship would "take home the papers."
At 2.—On a point on which his Lorship had a do-
, cided opinion,
sloe said that the subject might be " men-
.tioned again;" and on Mr. Hirt observing that it was no
Use, if his Lordship's mind war made up, the reply was,
hitt Lordship "might change his opinion'--it was no re-
fleetion on a man to hesitate whether he was right or
wrong." Certainly not, as a general. proposition. Bat we
beg leave to say, that it is very deplorable for a nisi'
whose duty is decision, not to decide the cause when his
opinion is decided. 's may add, bow much more de
plorsble it:iv that partiei should be ordered, with such ex-',
eretne 4:6olness to mention a thing again, us if in a Court
!the that of aliencery, any thing could be mentioned
AiVt4. (..4niat v. Harris."—Another affidavit reef
cookery before his Lordship mine to " any decision: 1
toi +e tiieadV. Kaye .and Frealtfiela," the motion " to stand
0 •:er," for
At 1.,. 4. Motion for, an Habeas Corp*: to bring op. a
prisomi rot dr, bt ; the gentleman tio: attend'' his Lord,
.nwnipg,' when he would see what could
done. " 'Amman ij:Tegg," postponed ; motiun for in 4,
junction again postponed,„ the court rising after Mt
Horne'aargument.:,
£,--The ChaneelJor, after ,hearing aromnent o
-'. lb's:injunction in -Mamma' amid r 1 egg (twice adjontned all
ready), said that he would be prepared to siva hip judiel•
meat on Monday, the 7th. •
Atu 7. -L-The ease of ".Stead" spin put off, on this
,Clouteellor's deniand-tor affidavits. " Mawmain _v. Tegg"
`at) Oien to by he Chancellor, but still undecided. "NeN4-
bee It, Iriggs7—Petition against the Master's report or-
dered to come on. again on Saturday, with leave to the
parties to t ortiPtancellorsand settle it between themselves
in the mean time, if they could..
t5...---"Const.v. Harris" again. A motion made by
Mr. Hart, but the Court rose; " notion to he resumed to-
morroW."
Aft.. 9. —" Const. v. Harris" 1010. Qhuneellor said
(after argument), that "on Friday morning he would here
jadgment this case.---Our file being exhausted, we here
conclude, askingonr readers this. one question
----vvhat
ldoes
edeserve who takes his business into the Court of Chan-
. • •
very ? For a knave whose abject is` to evade,restitutiOn
01" soil, or to kill, his victim before he does him justitlis,
i"daedcuutleive the immeele adVantage enjoyedby ,
th:e ex'istence oaf Rush a tremendous lebythith ; but what
tin iudttce Nor honestsman to _venture within its jaws, :
vet' foolish honest maul,. Teilly, to us a rid-

Ite.tisia,'end 'the dreadful insurrection
,„?,.ey, are to be, added to the numerous proofs nine))
effords,(of the insecurity of what is called abso-
t, ; power. Wherever itutheirity is
~strained'boyouil the
of reasoui whether in a religions or civil point of
it its liable to suthlenlttid dangerous; re-actions. Nor
it matter 'ranch to society whether one person or a
,iluitituile arrogate a damnation Which justice: does not
• Auction. 1t is of little Consequence whether an,unlimited
power be properly called by the name of a desp.otiem or a
democracy.; it in either ease more directed by the im-
pases of passion thin tire steady views of 'Wisdom, mid
relies.upou force for its support, until more fortunate tro-
lence,deatroys it. All power without restraint -has a na-
tural tendency to corruption. This• line .always been
rtemplitied in the history of .the wprld,, which in all lips
eite be,Meltinelioly, evidence to the fatal and demoralizing
tilects' hi'' irre6piiMaible authority,, whether in the bands
of a ;int:March or'a Mob.' Sueli.Ooverninents, have always
-•- • , ,
bey anti' liable "Co desperate emergencies.
They have also tended to 'folly sitid barbarism nor need
we 45k iyme certain and appalling proofs than we find in
the of Roman Emperors, awl, the excetwis ~f
the French It4is4hition. It is difficult to ;say which set
the comolo :bytevpits of justice and" humsnii more 41, de-
tiftne—the. litrislaiciot who declared themselves above ell
or the. people Who . trampled oti the throne, and,
trotter the name of liberty, sent abroad the spirit of liven-
-604 dowatioD. There i§ one great Lesson to be gonad
those eveurs, tbat a regulated-systein
ti6no freedoui, lik that of England, is oot only' the loom,
ier!tire, as ref:gerds.the right's b
ortoh inpeop,i but
—makes both more truly Powerful t
t Khng e i etlend. catiort of
their inteteste.---Alornizeg Herald.
will see from our Assize intelligence, nri.
Our rcadet.4
del; 'the head' " Ototteester," that in the vest for 'libel,
"Sinith v..fludgetti,"x Vefcliet luts been given for the
piabiot 41)0/.., whii.th, with t.he.costs, !oust prise -with
provm. cod
,journal. Wee have
•more once noficed.--WflOt indeed IS WO pfdpo.l4lo tO
„14,00, the aleeryittiou of ;this moat short-sighted—
the Bench towards
the ho. 0. feeling entertaintd by . f e
the Pi:elvt, The -Press has risen, in spite o
eittirts.ot:twlges FIN& it, tQ, its present itilluelit
state. it iii§'-ifitwitt.olultked to tight with them inch by

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