Star.
London, England, 1830-01-09 00:00:00

GARCIA DEL RIO.

" A VIEW OF THE COURT OF Cll.! NCE?Y,"

IT /HI 111011. WILLIAM LONG WV Liimity.
A pressure of temporary matter prevented an carli.,r
notice of this work, the publication of which has lima :it, -
nounced in this paper. It professes to trait of the 0ri41.1
and history of the Court of Chancery—the Rise and Pro -
gess of its Usurpations ; its Reformation; its Corruptions,
and the propriety of adopting the judicial improvements of
foreign countries ; with a portrait of Lord ELDON as an
Equity Judge. A profound, elaborate, and systematic trea-
ties upon a subject so comprehensive In its details, and re •
quiring extensive, practical knowledge, was not to be ex-
pected from a gentleman whose attention was particu-
larly directed to it only by his own case, however great
his talents and industry may be. The present treatise
does not aspire to that character. It is indeed inconsis-
tent with the extent of the work, which is confined to 90
folio pages, exclusive of a Report of the last
_proceedings
in Chancery in the case of Wennesnee V. BEAUFORT.
It may be, therefore, more properly called a series of de-
tached notes, applicable to the several heads of which it
treats, than a regular methodized work. The public
attention has been, of late years, very often directed to
the abuses of the Court of Chancery by motions
and speeches in Parliament, and particularly by the
Report of the Royal Commission in 1826, in which
au immense variety of abuses were pointed out,
and improvements suggested. In his idea then of the
necessity of simplification and amendment, the Author is
fully borne out by the public voice, though it may not
follow him in all his aniendments.—" Since the French
revolution," he says, " it has been the study of every
jurisconsult, the grand object of every continental sys-
tem of jurisprudence, to administer cheap and speedy
justice."—The principle, we believe, is universally ac-
knowledged in England, and has not been lost sight of
by any of our reformers, however slow the,actutel progre,:s
of reform may have been ; but none of these have ever pro-
posed to carry it toso great an extent as Mr. WenLES LL v
recommends. Mr. M. A. T.t v Loa proposed to sever the
bankruptcy business from the Chancery. The Author
proposes to lop off another branch ; he would take from it
the guardianship of mino:s, which lie contends is a usur-
pation of the Cut: tyr of WA Rus and 1.1 V ER i Es, abolished
in the most peremptory manner by the 12th Chas.ll. chap.
24, with all its consequents, as being much more burthen -
some, grievous, and prejudicial to the kingdom, than bene-
ficial to the King. Mr. TAY Loft's plan was recommended
with a view to expedition The dismemberment proposed
by the Author is on the ground of cheapness, and the an-
nihilation of powers, which, when exercised by a different
Court, were denounced by an Act of Parliament. His OWSI
costs in the cause of W ELI.EALEY U.BEA UFORT,he asserts,
amounted in four years to £20.000. The arbitrary power
exercised by the Court is another principal head of com-
plaint made by the author, who contends that in every case
of conflicting evidence it should be sent to a Jury, and in
no such case should the Loan Cu txcxLl.oit take upon
himself to decide. This remedy, we fear, would be
worse than the disease. Were there a remedy at law,
the Bill would be liable to demurrer in the Court of
Chancery ; and, if in every case of conflicting evidence
there, an issue must be necessarily directed to a Court
of Law, the administration of justice would be even more
tedious and expensive than it is at present. This latter
idea appears to have been suggested by the experience of
his own case, and, indeed, the greater part of the improve-
ments recommended are derived from the same source.
There is one, and a very important one it is, with the
justice of which we were forcibly struck, viz. the ob-
jection to the appeal which now lies, from the judgment
of the LORD CHANCELLOR, to the House of Lords.
This, as now exercised, the author considers a mere fal-
lacy—an appeal from a man to himself. Ho therefore
proposes that the appeal shall be to the twelve Jii4es.
While the suggestions and remarks which constitute this
work exhibit a mind entirely engrossed with it: subject,
and feelings strongly excited, we do not find the author
any where betrayed into any thing unseemly or
unbecoming. Neither in his advice upon so grave
and momentous a subject, do we perceive any thins
which might be fairly termed impertinent and presump-
tuous. The work abounds with quotations and autho-
rities, not immediate precedents or cases in point, as
they are technically called, but principles laid down by
ancient and modern writers of the highest character.
Here we have evidence of the intensity of die author's
feelings, and of the entire possession which his cause
obtained in his heart. He appears to have entered upon
a course of study for the sole and exclusive purpose et'
acquiring the most extensive legal information upon his
own case, and being used only where it is apposite,
ho cannot be accused of making a vain and ostentatious
display of his learning. The only part of the work
which the most fastidious would charge with un-
fairness, is that perhaps relating to the personal character
-
of the L late LORD CHA NCELLOR. If any thing could
mitigate the defect, it would be the deep and powerful
impression made upon an ardent temper and quick sen-
sibility by the injustice which he conceives to have bees in-
flicted upon him in the ground taken for his Lordship's judg-
ment—in which he says the pi incipal ground of his disqua-
lification for the custody of his children was some alleged
objectionable passages in his letters, while his Lordship
admitted, that with that exception, •• the general tenor
of the letters w such as would be a credit to any
moral man," thus making the exception and lit
the rule the guide of his conduct. Unquestionably,
the welfare of a child is best consulted when he is
under the guardianship of his ''parent; and it should
be a very strong case that should remove him from.
it. It is not, however, the business of this notice to dis-
cuss the merits of Lord ELDON 's decision ,but we maymake
allowance for an error into which, with feelings wounded
on so tender a point, be may have been betrayed. There
is one point more, which it would be an injustice to
him to .pass over without notice.—lt is the indigna-
tion with which he repels the charge of being a bad son ;
the earnestness with which he demands for himself
the character of a dutiful one, while deserted by
his father in so critical a situation. A disciple
if ZENO, who had been abused by his father, and who
bad borne the abuse in silent resignation, being, asked
what he had learned from that philooopher, answered," 1
have learned to bear with the anger of a father." lied
the author studied in the same school, he could not
have spoken of his noble parent with more respect; hu-
mility, and submission. Of the style of the work it is
not necessary so say much. The language is correct, and
such as might be expected from
.well educated gen.
demean of general information. The remarks evince au .
ardent mind, and sjuick and ready perceptien.
•
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