Star.
London, England, 1824-02-25 00:00:00

from such an imputation ; but he should shew that the
rear thus placedirad gradually increased
In 1740 it amounted to £119,000
1744 - - 150,000
1700 - - 090,000

1790 - - 7.100,000

illOO - . - vi,soo,ouo
-' •• 54;000,000
These were in his mind conclusive proofs of the gra-
jot progress of t• he business of the Court. When,
.tboefore, an attempt was made by the Honourable And •
Leaned Gentleman to excite prejudice against Lord
Sidon, and to attribute to him the delays inseparable,
(rota the Court, the charge fell harmless from him, and
on us astonished how any one mind was competent to
Jispatch of so muck business. Let the House look
J. the attendance given by the Noble Lord in the House
Of' Lords, and let them, fos' that purpose, take the two
smug of the Berkeley and the Roxburgh Peerages, cases,
in which the Lord Chancellor attended the Committee
of Privileges, and they would find that in the Berkeley
case elone, his Lordship sat for thirty-four days, from
to until four o'clock ; in the Roxburgh case, for pinety-
fber days dill his Lordship give. his attendance. And
really, while they were on the subject of grievances, he
would mention one which appeared to him no slight in-
action. It rested on the evidence of a Gentleman known
to many Members of that House—upon the respectable
testimony of Mr. Cowper. In the Roxburgh case, one
Counsel alone occupied the attention of the Housed
Lords for eighteen minutes. The House would say
"No." Well, could it be possible, that one single Counsel
could last for eighteen Maus?—(A laugh). Whatwill the
Country Gentlemen say, when they hear that 18 days
were occupied by this indefatigable advocate? When'
they were complaining of delay, it was mill), insult,
while considering what portion of it was attributable
to others as well as the Lord Chancellor. In the course
of the last Session of Parliament, the attention of the
House of Lords was diawn to the Appellate Jurisdic-
tion; and they came to the conclusion, that it was ma-
nifestly impossible for any person to perform the arduous
duties attached to the Lord Chancellor's high offiee."
With a view of meeting the difficulty thus suggested,'
that Commindon was formed—their labours have been,
brought to a succe.sful termination, and they hale
liven great satisfaction. The particular attention of
his Noble Friend (the Lord ChancellOr) had been di-
rected. to that subjects A Commission had passed the
Great Seal, diretted to the same points as the nrotion,
excepting the proposed inquiry into the political charac-
ter of the Lord Chancellor, which he would take leave
to say, without any distepect to the Rouse, no Corn-,
rime of that House was competent to decide. When
the question came to be discussed, whether it would be
desirable to divest the Lord Chancellor of the political
duties of his office? he trusted that so important :t
change would not be unaccompanied with the most
serious consideration. He could not avoid remai king,
that the objection stated by the Honourable and
Learned 'Gentleman, had not been always felt, to the
sane extent at least, as that Honourable stoci Learned
Gentlentsn had represented it to exist in his nine.—
M no very remote period it had not operated so strongly
ea some of that Honourable and Learned Gentlentes
Prieads; as they, acting in conformity a it's the practice
of the Constitution, had felt no citifitilltt in plating the
same Judge to preside over the adminittration a the
criminal law of the land, who sat over the highest
of the civil Courts. The fact was derthinly no art--
tun ad homiliein, and he (Mr. Peel)• only quntfed it as-a'
proof that when others were in power the objection to
the union of the judicial and political functions Of the
Lord Chancellor's Office was not held to be so strong
as the cheers the Honourable and Leatued.Gentleman
bad received that evening-would have seemtd. to kWh:
cite—(Cheers). It had been acted by the. Honoutable
and Learned Gentleman, why,. as a Committee has
been appointed to inquire into the_Se:otohCourts•ofJua-
tice, a similar Corn mittee should not be. appointed tin itt-
nine into the Court of Chancery ?* Ite-(1*. Peel) Had
no hesitation in admitting,that atrinqpiry into the pro-
ceedings of the Court of Chancery would be. attended
with great benefit, for, without' imputing-any. blame to'
the Judge who presided over the-Court,. it 'might easily
happen that the forms oflproceeding,instituted in an-
cient times might not now. be the best adapted to- the-
interests of the suitors at present —(lfeer;. heat). He
admitted, that if it appeared that-of ninetrfolios of the
bill read by the Honourable and Learned'dentleman,
only six were relevant to the issue, a•reduction-of the-re-
maining eighty-four folios would:be- not only of great
importance to the administration cljustice, but.asu mat-
ter of economy-to the patties concerned—(Near, hear).
Again, when the Honourable and Learned Gentleman
asked why the Accountant-General should not publish
an account of what was called the dead weightin Chan-
cery, as the Bank did of the unclaimed dividends,. he
(Mr. Peel), without professing to have any i,nforMation
off the subject, speaking only as an unlearned man,
agreed that the suggestion eppeared to be a very prOper
one, and he could not refrain from accedingto st, with
only this reservation—unless, more- cogent arguments
should, upon further investigation, appear-to the con-
trary. Before he left the practice of the COnit, he had
no difficulty in saying, that to hint it appeared that the
'bole progress of a suit, from its commencement to its
close, ought to be' narrowly eramined- prospectively,
with a view to ascertain vitiethirarq' unjust and pernii-
tie% delays were interposed its progress either by' the
Solicitors, by, the Counsel, 'or by any other quarter—
(Hear,hear).—Witli respect to the removal of the bank-
ruptcy cases from ilteLord Cho:acetic/1., as it appeared
that that part of his jurisdiction_ was not ittherentin the'
office, but had been devolved on it by Act of Parha-
m ent, it was impossible to deny, that that was a fit ob-
ject of inquiry also. Generally speaking, there could
be no doubt of the propriety 'of inquiring what business
c_iold be abstracted from the office sof Lord Chancellorl
It was not to be forgotten, that Sir Sainuentotnilly had
doubted Me propriety of withdrawing cases of bank-
i
uptcy from the jurisdiction of. the Chancellor, and
such an authority was entitled to the gravest .concidora-1
tion—(Nenr, hear). But to the-inquiry itself,: hellantnl
peel) had no objection, provided it was -condtioted by'
,I
11 tut who were most competent to it. Sucha body, he
thought, might be constitutedo andite would assure the
nourab:e and Learned Gentleman, that his' opposi-
'm to the Motion was founded altogether upon his
,niviction that a Commission more competent might be
instituted by the Crown than any Committee of that.
alinisv—(Hear). SUppose, upon such a Commission,
the• Crown called in the aid of the great luminaries of
the 44w, w boiled rented from the Benoh,-and those who.
k
dh been the highest practitioners in the Court—such
'*,as Lord ReJesciAle--(llear, hear)--aridSir
garb r•
urant—(Hear, hear)-suppose .that these eminent
Pe,sns, who had retired frorn the discharge of their du-
' a with
t • the unieersai-approbation of the. professien and
t'r CoUntry
could .be induced •to devote some partial,

7 -

L

,

of their time to such an inquiry—suppose they called in.
.to their assistance the Judges and first practitioners in
the Court of Chancery—could there be a 'doubt that
suet) a Commission would be nlcite -donipeteift- terdit-
cuss a matter of such grave importance than any Com-
mittee that *the 1-louse of Commons could appoint?—
Such a Commission his Majesty had been advised by
the Lord Chancellor himself to issue, and to it this in-

quirt' would be devolved. This course promised more
advantage than could be expected from any recom-
mended by the Hon. and Learned Gentleman ; and he
(Mr. Peel) Would tell that Hon. 'and Larded *Gentle-
man, that the appointment of such a Committee as he
moved for, -coupled with the proposition of last Session,
had a semblance of crimination against the Lord Chan-
cellor, to which he -(Sir. Peel) for one, Would never, in
any shape, accede(Cheers):—lf he stood alone he
would divide the House rather than suffer a motion so

unjust towards the eminent and respectable individual
who presided over the administration of justice in this
country to pass unopposed—(Cheers).--He was not
speaking of the Chancellor in his political capacity ; he
via% treating him solely as a judicial character, as to
which he would allow no considerations of personal
feeling to bias his judgment but those solely which
proceeded from strict justice—(Cheers). He (Mr. Peel)
implored the House not to consent to a vote which
would have an air of crimination: Ile would ever con-
tend that, as to the judicial character.of the Lord ChatS-
cellor, no doubt could exist that he was entitled to the

highest praise—(Cheers).—As to the Chancellor's poli-
tical character, he (Mr. Peel) would bear no testimony,
as his evidence would probably be put out of Court; but
he would repeat, he believed that no individual a-ho had
ever served the Public had been more the object of un-
met ited obloquy, and attack than the Lord Chancellor
—(Cheers). The foblest calumnies had been stated re-
specting him, not indeed in that House, because the
feelings of honour which prevailed among its Mem-
bers prevented them from lending their countenance to
these practices, but attempts to produce obloquy had
been directed against the Lord Chancellor from quar-
ters which it was impossible for him to notice. He had
been represented as a.man anxious only to preserve the
.enormous emoluments and patronage which he was said
to possess, and forward to resist every plan of reform
.by which his emoluments or patronage was likely to be
reduced. From his (Mr. Peel's) conscience he believed,
there never was a charge more unfounded. The profits
the office were nearly the same as they had been for
a considerable period. They were large, but was there
any man in that House of opinion that the office of
Lord Chancellor, for the highest possible State reasons,
might not to be splendidly endowed ? Its income had,
however, been grossly exaggerated. It had not
amounted for the last three years -to £12,000, after.
every reduction had been taken from it—(Hear, hear)
and he was sure that none of those whom he had the
thistOrtune to oppose in that House would grudge that
so high an officer,shonld receive a fitting. remuneration
—(Hear, hear). It was right that the first Man of his•
day should not be tempted to remain in his professional
pursuits because he could draw larger emoluments from
thetin. GOD forbid that he should consider money as
the sole object in regulating the conduct of men; but,
however it might be disregarded by some individuals,
it wasOot to be. oVerlooked by the Public in adopting
general• regulations for the wages of office—( Hear).
It would he a pitiful and paltry economy that would
divest office of its richlyearned emoluments—(Cheers).
One' of the Molt Current calumnies against the Lord
Chancellor was diat by which he was represented as op-
posing,eVery'reform that tended to diminish his incorine.•
What was the fact ? Whenever it had been proposed to
relieve him from, any part of the burden of his duties,
thesvish he had always expressed was, that the expense
should be defrayed by himself—(Rear, hear, hear). It
wits argued, that it was not just to irripOie' the Charge.
Upon him if the duties`had increased beyond his physical
tb discharge them; yet he had always pressed
the point, and-insisted tiptuitaking upon himself the
additional expense of
.the office created to assist him.—'
•.foiv..ofils the salary of the Vice-Chancellor 2,5001. was
appropriated froiri that or the Lord Chancellor—(Near):
,Tfirre were'other acts of the Lord' Chancellor, which;
when these bide' insinuations were uttered, should be
ittade-known ththeliablie; that they might be enabled
Itteappreciate them. It was not generally known that
iebhd splendidly endowed* offices in his own gift—
( Hear, hear)! Seven years ago some new' arrangements
!were made in the office of the Secretary of Bankrupt's,
'by which much additional labout was imposed upon
that officer. At that time the same holidays Were al-
Awed asin.the Flank, but the Lord ChaticellOt finding'
bow inconveniently these holidays; opesated upon the
dispatch of badness, determined to reform the practice
and directed the officer to attend every day. Fot this
additional laboursome additional corripensation was, in
the opinion uf the Chancellor, due. From what quaY
ter did he draw -it? It was never known till that even
ing that he endowed it from own pocket—(Cheers).
This sacrifice of his emoluments during the seven years
had amounted to a sum of thitteen thousand pounds,
which he had paid for the benefit of the Public to an in-
dividual, order to effect a great reform in his office.
that instance alone ought to disprove the calumnies
circulated against the Lord Chancellor. But it had
been said that he gave his attention' particularly to lu-
liacy and bankruptcycases, because he derived, consi-
derable emoluments from them in the shape of fees.—
He did indeed bestow a vast portion of his time to
cases-of lunacy, but he received in no shape a fee of a
single sixpeoce from them—(Hear). They were a
matter of indifference to him, but in so far as the ne.,
cessity of an early decision of them brought them under
his notice; and from this regard to his duty the odious
inference was drawn, that •he-attended to them for the
sake of the emolument be derived from them—(year,
hear).. Wlfth respect to cases of bankruptcy; the Chan-
cellor was now occupied, and had been, he (Mt: Peel)
knew' not how` many. days—his Learned- Fliend, the
Solicitor-General, could perbaps'best inform the House
abapplication arising out of a4case of bank
rupter(eit;parti• Grinittead in' the matter of Howard
and Gibbs). The fee on that case payable to the'Lord'
Chancellor -was 6d—(Hear, hear). The House
could.judge whether that sum was likely to be an in-
ducement to take a bankruptcy petition oat of the or-
dinary course of business. These calumnies he knew
had not been' mentioned, nor' had they' received any
countenance -in. that House; because he knew that 'he
had. there' to deal w ith men of honour. There the
`qusstion assumed• a different term. Admitting fully
the integrity and ability of the Lord Chancellor, it
WAS contended that his habits of indecision and delay
were proluctive of the greatest mischief. But if the
House found a, man, after twenty-two years service
onAhe judicial bench; posiesiing unrivalled talents
and unspotted integrity—even if he were somewhat in-.

-- - "

decisive— would not every motive, of sound.policY Per-
mit, -ngy, in consideration of his splendid abilities and
solid virtues, compel them to obliterate the recollection.
of some hesitation in the discharge of his duties?—(Load
cheering.) ‘g Because his failings, leaning to Virtue's
side," made him unwilling to .pronobnce that judgment
by. which he was to raise one family to prosperity, and
inflict, perhaps, utter ruin upon another,*he did not de-
serve condemnation. Even if he was constitutionally
to- give judgment, tha House, recollecting the
infirmity of human nature, should throw into the other
scale his universally-admitted high talents, and as spot-
less an integrity as was ever before witnessed on the ju-
dicial bench of any country in the world—(Cheers).—
En fact, it had been shewn that the delays arose from
the enormous mass of business that had accumulated
in that Court. There were instances, it had been alleged,
in which the Lord Chancellor hid been called away,
riom the consideration of causes which bad in cbnie-
quence, it was supposed, been forgotten, and that delay
had thus intervened in the progress of the suit. The
Honourable and Learned Gentleman had alluded pro-
bably to the Lord Chancellor's attendance when the,

Recorder made his tenor t before the King in Council.
It was the duty of the Lord Chancellor to advise the
King as to every case. His mind was then to be :di.ll
verted fiorn cases of equity, and brought to the consi.l
deration of those involving life and death.. It had been 11
his (Mr. Peers) lot to send for the Lord Chancellor onl
some of those occasions, and ha could assure the House
that the performance of that duty consumed no small
portion of the Lord Chancellor's time. There were, per.
'haps, forty or fifty cases through which he had to travel.
The consequence was, that on retiring from the Court
of Chancery, he had to apply himself to the reading of
each individual case, and not unfrequently he was in
the habit of abstracting notes with his own hand
(Hear, hear, hear).—lli more than one instance, the
rising sun the next morning had found him still occu-
pied with the task which the night would not enable
him to complete—(cheers).—After having been four-
teen hours in the Court of Chancery, he was sometimes
for seven or eight hours afterwards engaged in the con-
sideration of the cases of those unfortunate individoals,
whose life or death depended on his advice—Wear,
hear, hear).—lf the consequence was unavoidable delay
occasionally in some cases, could it be fairly imputed to
the indecision of the individual? If, indeed, it was
proved that he gave himself no to idleness or indolence,
if he did not-fully devote to the public service the time
that was due to the public ; if for twenty-two years he
had nut denied himself every indulgence and pleasure,
and cut himself off from the society of the world, in
order,to perform his public duties, could it be fairly
urged as a ratter of blame because he was not physi•
tally able to perform all the duties that devolved on him?'
While he (Mr. Peel) carefully guarded against suffering
his personal feelings from interposing in the considera.
tion of this important question of public. justice, yetj
when he recollected the speeches delivered on thi's sub-
ject last year, notwithstanding the moderation with
which the' iscussion was that evening prefaced by the
Honourable and Learned Gentlenian, he was of opinion,
the concurrence of the. Hoke Would_ lead-to an
ference of the ssnne nature, and, as he, could not consent
to any motion for the crimination of the Chancellor, and
as he believed the House joined with him in that send
ment, he hoped' they would reject the :tuition, and he
was satisfied the attntry Wonld cOntirit the decision.--.:
The public were not ungenerous or ungrateful., and he.
wascatisfied that they did not wish to see that rare and
eminent man, who for twenty-two yeafs had adminis-
tered justice' hi' the. Coutt of Chancery, with that ho-
noured' name, ..4;hieh, whatever temporary obloquy
might. attach to if, would, illustrated.as it was by. the
services of Eldon Mid StOviell; let shine'Cohspicuotis in
the judicial annali'of the country, sink beneath suctess-
;Ad calumny, and suffer hie-tleelininidays to be ernbit-
tEred with -stigma, or even with the appearance of
stigma—(Loud chtering)'— and he' belleVed,.: if the
House resolved tb-prevent-sp unholy' a-vsnsiftltiatioti;
the people Wad generous enOugh4ostippomtbe LAUse
'in that decision: the Eight Rod. Gent. then sat down,
'arni dst loud airing frem-the. Minister iai benches.'
Mt.ABERCROeffff• eurtgratillateOli- Honourable
Priedd,-, that' wiiiteirei the intention Ministers might
hi, the People of England would ascribe the success of
the inquiry, whatever it might be).tcrthe undaunted zeal
'of his'iftitiotitabli and 2.eathed'Friettd: As to matters
Of lunacy; riti'pait dtthe Chancellor's. 447 occupied so
little of his time. The constitution of the Viee-Chan-
cellor's Court called briefly for inquiry:• No ,ciriginal
Came came before the Lord Chantellor4 and there-wis
nrkreturn-of the business dOnehefOre the MiOr Of.
Rolls. Frotit whatever cause it proceeded. there were
but few causes, and of small importance,• heard by the
Master- of the Rolls: In the "V'ice-ChancellOr's Coutti
Most of the causes novY pending would he heat:clig
city Term. In bankrupt cases, too, the greater.number
'was heard before the Vice. Chancellor. One of the objet.
tions.to the' creation of the tide=Ctiaittel!or's Court'had_
been, that it would lead to the santecanie being tried
twice over. The guard that had been placed against
it, viz. that two Counsellors should. be of opinion
that there wets grounds for an apTieal" had peen ovet-.
'looked, and 'the LordChan•cellothad.bierksatisfied 'with
the opinion ota.iiiigle Conniellnr, in order to hear an
appeal. The °Ate efilittaChancellor had beencreated'
to allow the Chancellor to 'devote niete tiinet6 'We .bu-
siness of the Hottie of Lords ; btit."MAv` an additional
Officer had been appointed to assiFtliiin in that House.
411 the. facts stated by hisflon. Ft iend had been well
known to all the practitioners in the Court of.ChAil-,
eery, and. still more'to the head of
been
Court ; yet for-
twenty-two years no attempt had been made to ieform
those abuses. If the proposed Commission should not
be satisfactory to the Public, it would be regarded
merely as an expedient to promote a temporary pur-
pose—(Hear).
LOCKi

Mr. _ JHART'said, there was a danger that by
the new system there might beintodYeniences incurred,
still greater than' thaelneidentattoithe old • he hoped
the Poininiision about to he appdioted would lay on the
'table of the Hopse from time to time its reports, SQ at
to enable the house to act if necessary on those details,.
On these grounds,' as Ministers has agreed to institute{
a complete inquiry, be for one should rest satisfied, and'
vote against the appointment of • a Committei:
• Mr: BROUGHAM said; thielthe:tlintik!it• that in
agreeinfrukthe present mbtioh 'he'-,•tteia.to ield up
ei tnnquiiitOrfil power of the'lleirce,- he. would divide
5, House on the question of the tipticiintruent of the
mmittee. .He -felt; , hotteter;wiih ' the' HO.. and
tithed Mttilber'arbti'lisfaddresse,diliegiliat:nO'such
'Coneession Wis. Mick by .agreeing;ess;sle proposition 'of
the Right Hon.- Gentleman; Ip/ivies'. piroisesition, 'hosv
ever, he could trot bar attrilidti entirely:to theeflt4t* Of
die veil "able' 'attrit4dlttoiii' 'speqli'.6l hit' ".Hsiiii; ' and
Leirbed FrienTor last year tin the mind of the Lord

Chancellor, coupled with the reeeerestatelies Op*
the same motion this Session of Parliament/ tie had
.proposed, with reference to the Scotch appeals, an at-
tention to the composition of the Commission, a similar
cautious line of conduct, so that parties should not be
constituted judges in their own case; In a Commission
like this he agreed that the composition was everything;
but what would the world say when this Chancellor,
who hesitated on every other subject, should be found ,
at once to have made up his mind as to the prooriety of
recommending who should be his judges? Upon his
own conduct this was indeed one of the must extraordi-
nary anomalies ever heard o[—(dear, hear). In the
case of the Scotch Commission he verily believed it
would have been altogether futile,and they never would
have had any report on the subject, if it had not been
infused into some Members from this country, although
they were not conversant with the forms of proceedings
in Scotch Courts of Law. If this Cointrission were
only to be of persons in the Court alluded to, it would
turn out to be the merest mockery the Public ever had
been insulted with; for here would be an introduction
or mixing up of the party implicated in partaking- of
the advantages or profits of the abuses complained of
amongst the Judges who were to decide on the culpa-
bility of their own_conduct. Give him leave to name
two inquisitors who were to shelter inquiry, and two
otheri who were really disposed to inquire; these • two
pair, not having the same views, would, he would un-
dertake to say, produce reports directly opposite. Before
much good could be fairly expected from the Commis•
sion, they must first know how it was to be constituted.
This was a matter of much more importance than any
instructions with which the Commission might be fur-
nished. He must takeehat opportunity of observing,
that the objections did not lie against Courts of Equity
alone. There were delay and heavy expenses in other
Courts also; the consequence of which was, Witt per- .
sons frequently submitted to an unjust demand sooner
than oppose it at a considerable expense; even though
confident that they' must be successful. He trusted
therefore, that the other Courts would be made the sub-
ject
of a similar inquiry.
_There existed sufficieet abuses
to warrant it; and in his opinion it would he better to
institute such a Commission without further delay, and
give the country at once some prospect of lessening the
existing evils. The Equity side of the Court of • Ex-
chequer ought to he included in such an inquiry; in-
deed both sides of that Court would naturally come
under the inspection claire two Commissioners. There
were considerable delays ie the Courts of Law ; though;
compared with, those in Courts of Eqaity they were
trifling. Stich delays might be avoided. There was an
instance of a veil important case tried lately in the
Court of,King'S Bench. The trial sea: entered, had,
and a verdict obtained by the 20th December last,
thOugt the case was not in existence befut e the 20th of
November preceding. He could not conclUde without
expressing the gratitude he felt towards his (Jon. and
Learned Friend (Mr. Williams) for his exertions upon •
this most important subject; exertions. from which, if
the inquiry should,be properly conducted, the country
could not fail to derive the most important advantages.
f On the whole he would not object to the measure pro-
posed; antithe would recommend it to Lis Hon. and
Learned Friend not to press the matter to a division.—
'As 'a controuling power existed in that House, it must
' be their business to attend wish :vliiety to tht whole of
the proceedings. They could not others ise secure the
advantage inquiry was calculated to produce.
Mr. Secretar': CANNING said, that in the present
state of the disCus:ien, and after the recommendation of
the Honourable and Learned Gentleman who spoke
last, it would not, be necessary for him to trespass at
•atis length on the time of the House. However, as the
speeches of the Honourable Gentlemen 'opposite curried
mostly on objections, not so much to the course pro-:
nosed by his Right Honourable Fr lend (Mr. Secretary
Peel),-as to the object the Commission would have Vs
ptirstie,*and the mode id,which it was to be app-ioted,'*.
it might be satisfactory to hearfroin another Minister
of the Crown that it was the determination lot only of
the Noble Lord (Eldon); but of the Government, that
the inquiry should be- sincere, serious, and effectnal—
(Hear). Even' if it could'be.supposed that there ex!
isted on the part pf the Noble-Lord (Eldon), or of the
Government, a disposition to trifle with so iur sit taut a
subject—with the eyes of the House and of the. Public
upon them, could it be supposed that such a Comniri•
sion would be instituted with any other view but that of
beneficialarrangeMent ? The first object the Commis-
sion would have to examine would be the time taken up
In the determination of causes ; second, the expense ;
and thirdly, that most important object, whether any
part of those weighty duties now di char4ed by the •
Chancellor might not be beneficially detached. from that
high office and transferred in such a way as to effect:a
more speedy dispatch of business. He begged to be •
understood as not giving any decided opinion upowthe
subject. Hi did not mean to say'that the result of'the
inquiry would be affirmative of the attainment of such
objects, but at least.the inquiry .was to be entered upon
with 'sincerity—(Hear.) As to the composition of the
Commission, the House must see that there would be
4teat -difficulty in stating the names of individuals.
Some Gentlemen to whom the prolutsition had been
made might have hesitated to enter into an investiga-
tion of so much labour and importance; but he Contd•
assure the House that there Existed, the most sincere dis-
position to bring together the elements most likely in
their combination to produce the be.t results, and to ap-
point a set of, men most likely to I erform their duty
without fear or favour. The Honourable and Learned
Gentleman Brougham) ex; re.sed- a wish that the
Commission should also embrace in their inquiry the -
delays and expenses of Courts of Law. The House
must see that if such a proposition came from his (Mr.
C:inning's) side of the House, it would be liable to the
imputation of a wish to encumber the inquiry by ex-
tending it. Not precluding examination into any other
part of the system of the administration of justice that
might be encumbered with-difficulty, it would be better
to confine themselves now to the single object proposed.
It was observed that this idea was not taken up first by
the Noble Lord (Eldon) or by the Government; that.
had it not been pressed on the House in the present and
the preceding Sessions, no attempt would have been
made to remedy the evils complained of. He did not
take upon himself to say that the Commission would
have been proposed had no-discussion taken place ; who ,
could take upon hiMself to say, among the vast variety
ot-causes to which human actions- might -be traced,. to.'
r what particular Motives any event like. this was to be.
it(tribtited ? But this he would say, that it was not oc•
easioned by the notice of the motion now-brought for.
4sv.ard by the Honourable and Learned Geutlentan(sl4.
'Williams). It
last Session.
ats elsesaiostn.as
Qid
'rds' made
Friend (Mr. Peel) had been ever since occupied with the
aißtihghtit-eirortnetlftlitrlt:

such an imputation ; but he si
frtfth us.placedirad gradually in
ra-- - In 1740 it amounted to Li
1744 -
1700 - -
1790 - - 7A
1300 - . -17,0
tsso - • -
These were in his mind conclusive
jeal progress of .the business of
before:, ail attempt was made by
Learned Gentleman to excite prej
Sidon, and to attribute to him thi
(runs the Court, the charge fell hare
left us astonished how any one min
ele Dispatch of so muck business.
41 the attendance given by the Nob)
j Lords, and let them, foe that pi
of the Berkeley and the Roxb
in which the Lord Chancellor artet
of Privileges, and they would find
ease ak?ne, his Lordship sat for thi
ew until `four o'clock ; in the Rotbt
Iber days did his Lordship give. h
really, while they were on the subj
would mention one which appeare
fiction. It rested on the evidence of
_
to many Members of that House—
testimony of Mr. Cowper. In the
Counsel alone occupied the attenti
Lords for eighteen minutes. Th
"No." Well, could it be possible, th
could last for eighteen buttes?—(A
Country Gentlemen say, when th
were occupied by this indefatigabli
they were complaining of delay,
while considering what portion of
to others as well as the Lord Chaff'
of the last Session of Parliament,
House of Lords was dawn to the
tion; and they came to the conclu
nifestly impossible for any person to
duties attached to the Lord Cha
With a view of meeting the di&
that Corniciiision was formed—the
brought to a successful terminal
-given great satisfaction. The pat
his Noble Friend (the Lard Chan,
lewd• to that subject. A Commi
Great Seal, diretted to the same pi
excepting the proposed inquiry mull
ter of the Lord Chancellor, which
to say, without any distepect to t
inittee of that House was compete
the question came to be discussed,
desirable to divest the Lord Chan,
duties of his office? h& trusted
change would not be unaccompt
serious consideration. He could r
that the objection stated by t
Learned 'Gentleman, had not bee
same extent at least, as that Hone
Gentlentan had represented it to
At no very remote period it had' no
on some of 'that Honourable and
Prieads; as they, acting in conforn
of the Constitution, had' felt no di
same Judge to preside over the
criminal law of the laud, who
of the civil Courts, The fact was
tun ad hostiltetn, and lie (Mr. Pee
proof that when others were in pi
the union of the judicial and poll
Lord Chancellor's Office was not
as the cheers the Honourable ant
bad received that evening-would'
cue—(Cheers). It had been ado
and Learned Gentleman, why,.
been appointed to inquire into the
lice, a similar Committeeshould
quire into the Court of Chancery
nu hesitation in admitting, that, all
ceedings of the Court of Chaucer:
with great benefit, for, without; ii
the Judge who presided over the-
happen that the forms of Iprozei
tient times might not now• be th
• interests of the suitors at presen
admitted, that if it appeared that'
bill read by the Honourable anc
only six were relevant to the issue
mahling eighty-four folios woul&
importance to the administration •c
ter of economy-to the patties coni
Again, when the Honourable' ani
asked why the Accountant-Genes
an account of what was called the
eery. as the Bank did of the uni
(Mr. Peel), without professing to
on the subject, speaking only
agreed that the suggestion appeal
one, and he could not refrain froi
only this reseryation—unless, tea
should, upon further investigatic
trary. Before he left the ptactic
no difficulty in saying, that to hi
whole progress of a suit, from it:
close, ought to be' narrowly et
with a ,view to ascertain wttethii
• tiolts delays were interposed iA' it
Solicitors, by, the Counsel, 'or 1
(Hear,hear).—With respect to t
ruptcy cases trims the Lord .Cha
that that part of his jurisdiction.
office, but had been devolved o-
ent, it was impossible to deny
jest of inquiry also. Generally
be nu doubt of the propriety 'of i
(•sild be abstracted from the off
It was not to be forgotten, that f.
doubted the propriety of withdr
niptcy from the jurisdiction c
such an authority was entitled ti
tion—(Near, hear). But to the
Peel) had no objection, provide
• ho were most competent
thought, might be constituted.;
lionourab:e and Learned Gentle
tioa to the Motion was fount
tnitviction that a Courmission m
instituted by the Crown than
trA
ilnlase—(Hear). SUppose, up
11Z, theiCrown called in the aid of I
w boiled retired from tl
;; had been the highest praclitia
Tr", .as Lord ReJesdale--(//ei
iiara
• Grant—(Hear, hear)
whb had retired from tl
' with the universak-approbati
Countr7, could ibeinduced
•

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