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

how n would—(Hear, hear)-i-}le could not. h ip
thinking that, though there had been mote delay than
had been expected, the very hest eff.cts would he ' pto-
duced from their inquiries. On those grounds, and not
from any personal feelings whatever, and under the& m
persuasion that the carrying the present m tion would
rather prejudice than forward the operations, lie should
give the measure his decided but r ducant-eppunkioe—
(Meal, becer).o4lrclfutd nut see that` die lac:tsar pro-
posed would,
in any way, facilitate the pros eatngs of
the Committee,and 'he, thereffhe; carat& tick.-firHi&
the propriety f submitting the evidence t ken !wrote
them to the House, unaccompanied with sualiiiliteres AIWA
expressed in their Report-{Hear, heai.) ,
..,,„,.).Iw4Li .
~
Sir F. BURDETT thought the Comfthdon bekee„
long to little purpose, He had little tomtit** its its
body of men appointed by the Lord. CllOO. ve;,si Nil. *-
had seen these evils grow up_peCon eareverge piaci, ,ftio
eye!. He could not trust. the tented), el -shoes. geeai
evils to such hands, and thoughtahe scowl. they got;
the means into Parliament
.the better: Thti inquiry of
this Commission he thought fsf too limited. I tdeed
he saw scarcely any occasion for inquiry at all, in a case
where the evils were so notorietts that so lentil, est
England scarcely-had not felt them. The -6,oart of
Chancery was not now what. it was in foemetiktiev:
This they all felt,'and many of them to their coy. They
well kpew that the Court of Chancery had grost an
enormous height of power and jurisdiction. -- Is:was
his opinion that if chit Court could be asSitzfitalled th
the Courts of Common Law, at least .its fat. isne
cerned oral testimony, a great good would be wawa.
Why, for instance, should not . the ,i.erd Changellev
take oral testimony, rather than give an ereer for an
affidavit from some man who probably was as the t'me
sitting under his nose, a.id could resolve the difficulty
in five minutes? Another thing that he thenglit should
be got rid of wit, allowing defendants to evade a sum-
mons until the third was taken
.out against the is. This
was giving the dishonest the power of annoying the
honest suitor. Perhaps separate Courts might be ad-
visable, although be-very much condemned -the fauns-
age thrown into the Lord Chancellor's- kends •tsy the
officers of the Seventy Commiss;onersnt Bankruptcy.—
These evils had been known and talked of as long as he..
could remember; but yet herr they were at this time
of day merely talking about the matter. . Hie• for his
parr, wished to see an-inquiry into tie Courts. of Com-
mon Law as well as the Court of - Chancery ; for suits
had become almost as expensive in the rouser as in tht
latter. He really hoped the Right Hon. °madman would chase*
COURT OF CHANCERY. his mind, and agree to the production of those papers, for the • he.
On the re.admisilon of strangers to the gallery, ne6t of the PUblic as well es the House.
-Sir F. BURDETT was proposing his motion on the Mr. HURST supported the motion. Such were tile
subject of the Court of Chancery. The Hon. Baronet fees attendant upon the most ordinary operetOns of th,e
merely said a few words which did not reach the law, that a testator's bequest of 410 mold not be received without
,gallery, on licit:inn: of the noise Ad confusion occa- prong ,68 n 5.641.
.stoned by the admission of strangers after the division. Mr. W. SMITH mentioned a: circumstance of a si-
Heihen handed his motion to the Speaker, wko read it miler nature. His father, upon his death-bed, called
'in the following terms .:e him to his bed-side, and told him that happily the Chan-
- 64 That an humble Address be promoted to his Majesty, request- eery suit in which they had been engaged for thirty-two yeah, was
'kg that all the evideooesaken before the Commissioners of Inquiry ended by the death of their opponent—(A laugh).
Mato the Court of Chancery. may be laid before chi House." , Mr. Secretary PEEL said, he really thought 'he Hon.
tin Secretary PEEL observed, that as the Hon. Baronet had better withdraw his nvtion, giving notice
`Baronet had brought forivard his motion' with so much
of a similar one next Session, when, if the Report was .
,brevity, it would not be necessary to occupy the House not before them, be (Mr. Secretary Peel) should certainly
much longer in stating the reasons which induced hini feel disposed to take a different course from what he *as •
(Mr. Peel) to oppose the proposition. He resisted it now prepared to do. To shew that he coincided With
solely upon public geonittls, and without the intervene the Honourable baronet as to a revision of-the practice.
tion." any personal feeling.. - He hoped himself that
of the Common Law Courts, he begged to point his at- '
the term would come when the whcie of the evidence tension to a measure be bad brought in that evenbfg, to restrain
taken ty the. Commissioners might be laid upon the the issuing of frivolous Writs of Error, for the purpose otereating
table, and this hope of itself chewed that he was actuated undue delay. ..
by no latent motive which he did not fairly avow. He Mr. DENMAN highly applauded. the Right Hon.'
trusted that the evidence already taken, and hereafter Gentleman for the Bill to which he had alluded. He
to be taken; at the proper period, would be printed bad no doubt of its being one of a series which would. • -
with the Report—for a Report of opinion merely, highly benefit the country. But it was to rediettly an'
withouiaccompanying testimony, would certainly not evil already well known and extensively felt : now the'' -.•
be satisfactory. If the inquiry could be concluded in grievance. of the Court of Chancery were of this kind;
the present month, it might be presented, but not printed and therefore they asked to have acme immediate steps
until next Session. -He believed it was without prece- taken upon the subject. The Commission, et:mei:tins
dent for the House to call upon the Crown to present of a number of Gentlemen who, tparsini, as it were,
evidence met*, unaccompanied by any explanation or for an hour or two, stolen from other avocations, met
report of opinion, and unless some strong ground were together to consider of this matter. They - had• now
laid, he should considei it an unnecessary interference been sitting fifteen months, and there was no prospect
with the course of proceeding marked out by the of a Report. The evidence certainly ought to, be be-
Crown, and not yet completed. But he did not rest fore that Hollif. A respectable Solicitor het stated,.
his opposition merely on the ground of a want of pre. that when an order of Court was drawn up, it was
cedetst, bet he contended that-no public object could be not to award the parties their rights, bot to pay in
&hied by complying with the motion. He much part the costs of the Solicitor. He was net aware'
doubted the fairness of laying upon the table, if not what difference there was between 'wishing - eviden:o.
partial, at least a separate pardon of the testimony, to the House from Commissions and from Committees
which might requite subsequent explanation, and which up stairs. Last year the Insurrection Act for
slrelente
mighr be explained, if the Commission were allowed to was founded akogether on the partial evidence' of a
proteed for two or three months longer. If the evi. Committee ; and if the production of the etamienstlone
deuce that had been taken could be laid upon the table, before the Chancery Commission only led the' iSitlie'
no public measure could be founded upon it this year. gradually to underitand the pi actics and Anises of:thee
The Commission, he had been informed, had sat WS Court, it would do great good. He might also &wive?
days, and had -examined 45 witnesses so that souse that he understood there was now a Committee kitting
time must elapse in copying out that evidence in a fit up stairs on the Combitrations, and that although 'the
state to be presented to the House. When presented, evidence of the masters had.been carefully taken
.erft;
it must be printed ; and when printed, it could not be that the evidence of the men in their own pacification.,
weighed and digested in a moment ;in that the *doe. had not hien received ; and notwithstanding, ' *
tion, or even the proposition, of any measure founded law was to be introduced on the testimony' of
upon it was out of the question. He considered the one class of witnesses—(Cries of No, ,w).--Witil :fir
inquiry as a most important one, and he therefore was very glad to hear -the rumour contradicted
begged leave to disclaim any opposition founded on the from so gpiad a-soore4.e iie would, hoWever ins r, that,
mete purpose of preventing investigation; indeed, it if anything sheaved ifiteitiblic where a reinetly. was Its-
was
_his hope, that before long some efficacione remedy be found fur the evil* of the Court' ciflChaticeiy; the
would be proposed for these delays, which, without evidence before the Commission would have that effect.
•attributing. the slightest personal blame to any intlivi. and from the public only bad lie any hope of seeing the
dual, he could not but confess, as an honest man, war grievance redressed. He had abstained from all peAonal -
highly necessary—( Hear, hear). It was his belief, that allusion to the Noble Lord at the head of theCcont ; but
the Report of the-Commissioners would be prpcluced he could not avoid saying, that in that house them ap-
very early, and that it would prove to be ample in peered an extraordinary tenderness in speak ng of that
every particular of a case which centered within itself exalted individual, and from them therelore.be had a
such immense importance—(Hear, hear). Hehadhad very trifling anticipation the remedy *sold proceed.
very lately a communication with the Noble and Learned Bat without sayihg any
.personal taint atraehyd to the '
individual, who might, perhaps, be supposed to feel Lord Chancellor, he siight-state: that dn. thefifst .dai
most interested -in the question; and he could assure of last MichaelazasTerlar, there wi re fritY.fiel causes;
-the House, that. he found), on the part of the Lord in his Lordship's paper, and that the sateellereyefive*
Chancellor, no objection to any inquiry, and he had causes temained in the paper og the last clity Writhe:
every reason to expect, from all that had been said, Terns;--(1/tar)--not one of them having bOen:tiite.:l,ed.
that a very fu 1 Repots, together with the evidence, in the Racial-, although each a the pletntilfi setialtislele
mould be presented before Parliament could meet again, of the defendants, it ten or twenty in umber, ilisti
Ater this statement, he hoped-he had succeeded in sa. to pay one pound for each day their cense Hasa 011'
tisfying the H- pourable Member for Westminster, that the paper. Such was not a •way for Willie:pa-6V, to, •
"it would, in the present instance, be better to wait, to remain in. It might be said that butanes was: Stowe
's e what proceedings the Commioioners had themselves chiefly disposed a by motion, but of that .coueee he:
instituted, and how (noel was altealy done; Tor even (Mr. Denman) disapproved, as tending to creme *pejo-
supposing the present motion was c trried, it would be &eels' the mind of the Judge, and preventing tfrarfolC
two or three weeks before the evidence could be discussion which was requisite. He did not wish to say
printed, so that there would be no time-left, in the pre- anything harsh of the Noble Individual .in ,queseierak
sent Session, •t ) undertake anything in; besides which, though Gov knew he had no disposition to lavish ram--
in hi. opinion, Any such proceeding would be a virtual phipeats in that qeart.r ; but all wb knew of his cMa
supercesstot a the Committee. already appointed ; not duit was, that fin 25 years that b E witnessed the pr ,c-
-ta-t he had Any objection to the House, otethe Public at (ice in than:eryvite- anode/watts Mpe to teflon it.: hie
The fact thassitolliglst Hos. Semicolon ( se.
lar4, seeing what 1:441 beetesione by the Commissioners, iheehLeePlteet the motion of the Kesiitegble limier, tbellestiew
hut sonsideting the inaprrtance of 'their exertions, and Tur Wgitalinstenenctrhe'e
iLoni chaac.ruer in dl5 vsisseef she day wo a
othat in the (0 siain I,e that they had had, every one
*l.O chose to give evid:i.ce Was allowed to do *o, tell NM demand was rest red. is
the
Sr.und s 611
which
tb"
:we )aoha:loofid
.

'who bad made loans to the Native Powers in India ;'
and an attempt was made to get the Supreme Govern-
ment to interfere with-the Native Powers, in behalf of
these European bankers. Aid the opinion that I put
rdrviard then was, that the Supreme Government ought
not tc interfere in respect of thee loans, which 'were
.made in defiance of the law, tberrbeing actually a law
prohibiting. such Ingns. This, Sir, is my opinion still,.
and ever ha-s been; frets I con.iderthattsatl the-disgrace,
and all the scandal brought upon the British name in
that q tarter of the glehe, have been effected by loans
made to Native Powers by Europeans—(Hear, hear).
How then, Sir, could I, with such feelings, have done
otherwise than diccountenante the interference of the
Supreme Government, whoee interference with Native
Powers, it is well known, is command and extortion ?
(Hear, hear). If one rupee of such loans be still owing,
I wish that my voice may reach to India, to dissuade
the Native Powers from paying it—to let them know
that the debt was contracted illegally, and that they
cannot be compelled to pay it—(Hear). Now, Sir,
having stated the coir e which I took when the ques-
tion was before the Hthase, I leave you to judge whether I
I have been fairly represented in my absence? I know
not to which of the two Honourable Gentlemen I am
indebted for the misrepresentatior. I find some diffi-
culty in ascertaining that, tliere seems to be such a
comniunily of interest and feeling between them. One
Honotrrable*Member did not even know whether the
paper was itchiS own 'pocket. or in the pocket of the other—(A
laugh). They t emind me, Sir, of the friendship of the two Gen-
tlemen in the "Speeehtir, who were of dne opinion,had but one idea,
one religionz-iand one hat !"—(Sluch laughter).
Sit C. Pisan and Mr. Hone severally explained.
After a few words from Mr. TRANS, the motion was agreed to.
Mr. HC Mg moved for copies gf Memorials from the Govern—
meat in India to the Court'of Directors. relative to the situation
of the Hindon Britons ; and also copies of any representations made
by the Hindoo Britons to the Government, and of any proceeding
imtituted thereupon.—Agreed to.
Mr. HUME then said, he had a niotion to make respecting the
appointment of the Rev. Dr. Bryce, of the Scotch Church, who
WAS appointed Secretary of the Stationary Committee in Bengal.
When Dr. Bryce was appointed, he advertised in the Gazette for
proposals for a supply of stationary. Mr. Buckingham, the Pro-
prietor of a Paper in India, jocosely copied the advertisement, and
for that offence he was banished from India, and all his prospects
ruined. The Honourable Member moved for a copy of the minutes
of the Government in India, by which Dr. Bryce was appointed
Secretary of Stationary.
Mr. W. WYNN opposed the motion. He said the facts were
all admitted. Doctor Bryce was appointed, and orders were since
put out to India to annul the appointment.—The House then di-
vided.l—For the motion, 26 ; Against it, 74 ; Majority against
the Motion, 4111.