Star.
London, England, 1825-06-08 00:00:00

Mr. Secretary PEEL. in explanation, said, that be
only sow the Lord -Chancellor for the purpose of acre •
twining the probability orthe Commissiolers mitring a
Report et an 'oily pe-114. His Lordship haJ not the
slightest•objectioif to OW making a Report as soon as
The Repertwonld and ought to be made be-
fore the neat Session of Perliament.• • • •
. Mr. OH.IRTE.N AY', one of the. Commissioners, de
fended the measurer eaten by the Commission, and
'entered into a -lengthened statement of the. progress
Which they had ttea.de: He was prepared• to -expect
'that *hdever he shoutchay would be received with
justice Co all parties he hoped they
would'giie him a hearing. This question had changed
/grounds' considerably iinee it was first mooted. Origi-
nalli'lliebniden'of tke 'codtplaint was as to the forms
'of preireeiling aijd practice in the House of Lords and
the Court of Chancery, -leaving untouched. the con-
stitution of these Goners, which wNs negatively assumed
to hi ghttd. Nosh abtists in practice, he had
never 'denied th-sir,.eiiiitente, blithe alwayi doubted
the prpriety of a Coniraittie of this I-louse-being the
fittest body for applying a remedy to them. His argu.
Meg-2144r *Xi tillt the fat& was not in the con-
stiectlibri pf the Cinift.tif Chancery, but in its practice,
'and that the true way of applying a remedy was in the
minute details. Hitherto the objection had been to
delays in the proceedings; but now, for the first time
Wet' Eritaistnedttl sweep' away the whole system.
--It bad been siid,• that the terms of the Conimis-
ssion were trio limited. He would read these terms,
and leave the ffoubeen judge' for itself. The Com.;
miuioners •were ethiSb*erelf to 44 inquire into anj
and what alterations ail& be Made in the practice
established in our Conk of Chancery, or in the offices,
of that Conet, in. the 'refloat proceedings in law or
equity—to inquire into. the different stages of such pro-
ceedings, from. their Commencement ko their termina.
tioribineluding eveiyfhing connected with the process
'and practice of the Court, the mode of hearing and de-
ciding. causes; &c. with a view of ascertaining whether
or not the expenses' of such proceedings might not be
diminished' beneflciallj for the Public," &c. He (Mr.
Celine:lay) could not imagine any set of words in the
English. language more comprehensive than these;
they embraced the whole jurisdiction of the Court
of Clio:leery. The *Commissioners had accordingly
been extending 'their inquiries to every part of the
subject; they' had turned their attention to the sepa-
ration of the bankrupt business from the Court of
"Chancery; they had not shut out any description of
evidence ; they were confirmed in the opinion that the
,constitution of that Court was good, but that there
were abuses in the practice which called for reform.—
In ptoof 'of the estimation in which that Court was
held by, persons capable of judging, the Honourable
Member referred to. "Miller's Chancery Practice,"
friim which he read a long eitract; and from a book
published by a Lawyer in America, called "The Prac-
tice And Duties of the Officeof: Master in Chancery,"
in which that writer spoke in *arm terms of the use-
fiilness of ilit Court of Chancery for the adjudication of
property.' This panegyric moor judicial institutidns,
by,* people who set themselves up as our rivals is
emery respect, furnished in his mind the strongest.testi.
-may to net utela!attay. He thought that the cluna
ter of the_ Commissioners' was some security to the
kuhlic that they would not lend themselves' to any de-
lusion ; 'that what might be promised• it was their inten-
tion to perform. The Commissioners would persevere,
and he doubted not,. that before the next Sess;on the
Report, with the evidence and documents; would be
ready. If such were.not the case, then he thought such
. a motion as the present would be warranted, and that
the Hotise would be warranted in declaring that the Commissioners
bad not duly fulfilled the trust reposed in them.
Dr. LUSUINGTON, also a Commissi•oier, should
vote foil the motion of the Hon. Member for Westmin-
stet, because he considered great benefit would result
from giving pohlicity to the evidence. By that means
the subjects would be discussed, and the Commissioners
Atiemselves be more likely to arrive at the end they
had in view--a just decision. The great bulk of the
evidence, he, as one of the Commissioners, could state
bras now taken, and written nut, and might be laid on
the table in a very shori time, nor would the publication
of the eekclence be injurious to the public. The objects
to be attained were three, to see that the system of the
"Coin tof Charicery was good—that the practice was
too arid that the Judge who presided was a' g'od
one. The first was not in the province of the Commis-
sion; but the second expressly was, and the third in-
tidentally came under its consideration, and would'ne-
CessollY be adverted to in the Report. Her was
also certain, that when the time came none of its mem-
bers would flinch from their duty. For himself, his politi-
cal opinions were welt known; tie- had neither favours
past.to be grateful for, nor favdtirs in future to hopes
'and if he found any opposition from any quaker to a
full and fair prosecution of the inquiry, he should state
it Openly to the IlbUse. Hating said this, he should
-neat mention, that although, the. Lord Chancellor was
at tha head of the Commission, he stated at the outset
that he should not atrend during the examination of
she witnesses, lest his-presence might obstruct Cher free
'examination ; but that afterwards he shoUld assist and
furnish any explanations and informatio3 in his power.
He Lushington} shOuld also admit, that they could
not as yet have made their Report, without its being
most imperfect. An unavoidable delay was ccca ioned
by the-illness of the Vice-Chancellor, which was, how-
ever, irate than compensated by the advantages which
the Commissioners subsequently derived from his Ho-
nour. He hoped the House would accede to the present Motion,
which would do a'gieat deal of good, and no ma Points of dia.
Catty did discrepancy in the evidence would be elucidated, by th.:lr
being %Whined to the Public.
Mr. LOCKHART should have suppemd that the
conclusion at which the Houourableand Learned Geis-
tieman who jest sat down.teght to have-arrived, would
be the reverse a that he had avowed. Toe facts he
inen'ioned proved that the Region' ouht r direr to.
*delayed than panted. The moment the evidence was published,
it would be debated in that House, and the judgment of the Come
missioners themselves be thereby warped. He should oppose
the motion.
Mr. A BSRCROMI3Y conceived they had the highest
authority for believing that no inconvenience WOW be;
feltby acceding to the motion and publishing the reis'
dente, but that' great advantage won'd be the voisseb
souence. It was to the Public' in .his opinion th it they,
tould alone /a sic for a reform of the Gotta of Chan.'
tory, and the Public ought therefore to be put in pos-'
tessiortiof altatie information possibleon the subject. As
to the Lard Chancellor, no-man what Ire decided pia"
more sail faction or ever brought gicater :adults,
to the duty—hut the complaint in the Petitions which'
had been ticai toilet() thine preseutcd to that House was
of the delays resulting lions the manner in 'witch !lid
Earl of Elam cl;•sposed_of the business betote.hini. Thu
Vie,afite Of C" ze %i as iheinconviiirenzt At t=rod