The Statesman.
London, England, 1823-06-06 00:00:00

ade... .
lift 7 . say Gaels two Terms old. Ile 00'111 not gene admit the
tact, that an appeal could not be heard in !elm thin two
yore; but it that-were so. he did not think ire clrciorstence
oa which to overture the present Aili..l4lstrutor of Jus-
tice In this Court. On 'lie whole, he Or.ught it better to
secure the eppellant j irisitietion of the Chanceloe, if he
could not re'ain the original jitrisdietion. The disens-
eiots on the other port of the otthiect hail, he thought, as-
sumed tether in irregular and miscellaneous character.—
' *Personal att irk on the Chancellor hail been dislaitned ;
hot this disclaimer wax to, consistent with atatiue that
delay was*the mitchief, and that toe Chancellor was the
author of that delay. The impntations conveyed op in
.;he Chancellor in the two particular cases, referred t f liy
Ins Hun. Friend, he knew to be wand:don.. Ile was
loinfeelf 12001.84 In °near the , and was Therefore as
'conversant with it es the itaiciaa who had instructed
leis Hon. Friend. lie never knee a more difficult case;
it had heel argue., end re-argued by the coo, ession of the
*Lord Chancellor ;anti he had devoted a fortnight of his,
'own occatioref time to the making out of the minutes.—
. A icand dons fiend" reflecting tin the Chancellor ou
t:iis occasion, was afterwerits put into his (Mr. iVethe-
rell's) bands hi the efilfina to question. and he had indig
nanny refused tdripoti it in Caller. He broadly .ta ted •
that the imett•ation was false and scandalons. This case
was that of " Ware and Harem) !." -The next nag Mr.
De Tastet's case, anti he (Mr. Wetherell) denied that
there was arty extraordinary delay in the cause. So far
from there having been a delay of 12 years, tile uitittrr
upon which the appeal proem) led we. not decided until
.alefiat tao years before the decision Of the appeal. The
allusion which hail been matte to the Court of F:xchetpler,
lie must really consider as an episode to the main question.
Ile could not understand why the circumstance of one
Jodie of that Court being ill. and another b ing old,
• should fonni a reason for vaccinating Of he :night say)the
*court of Chancery with the delays of the conrtof the I& eche-
tw-. Neither did he see why the circittnaLine of it. being
ass-rted that the Ch a neellorlevl given erroneous jndrments
in particular rasa (if he haul !Oren such Judgment.), was a
reaSon for going into inquire on e general charge of delay.
lint he denied that any such erroneous jndgus'nts had
. teen given in the cases olliter try property which had
Leen rel.. rred to. Ile thought tlioae decisions were per-
. freq. lound ; but sound or n•rt they had nothing to do
.- with the present question of delay. In the Pmemonth
case, too, lie thought the Chancellor hid given a sounr
. .devision ; lost, he asked, bad the question of delay ro do
, with the question. whethei Lord Eldon had given sound
• judgment ? Ile! Boner was not the CoArt of Appeal.
.6,,,,, Juddteems of Lord Eldon as Chancellor. Ent, cen-
t.n. tine the delay of Courts of Eqwity whh that of the
Coons of Comm it Law. where, he welsh! 164:. was the
different*? In the Corms of Common Law two appeals
were allowed; anti if this, too, were rianspjained of as a
~ grit/ouWee. Aim he would say, let them at once go into
.. a 'sruit'ee to consider of the whole system. He
foetid not bit &utrrer, before he sat down, that during
'the twroty-istfri yeses leied Men had presided in the
Court of Chancery, only one of his jedgments had been
.traversed in the House o( Lord,. flentleroen talked of de-
lay; lint he would rather hear dull truth than brill;ant
• error; he preferred slow accuracy to quick blunder; sad
• 1• he wonlal rather have a Judge who &nand fire ea5,‘,10,1,-
.. *mid justly, than one who pronolneed a trataan very
eriekly hat unjustly. Ile fully cone...fed to Hon. Mew_
, '..lrera am, Judges were to he found who would she.
'eitlr•ciaesetticker thowLird Eldod. Lord liseou had
-Gilled the too quick dispatch of justice, a pre-digestion.
analog 14 Hon. Members to judge of the consequence of
this sort of justice. (A laugh.) The property of all
She ministry amass depend upon the arbitrament of the
11 Lord Chancellor, and strong, therefore, must be the
=led of that man who would call deliberation in sur!• a
Judge, a demerit. Not only was each particular case
to he ile4ded, but eneb judgment was Melina es a prece-
dent for future cases. He solemnly declared, that no
allege hal he l'unsi, in the course of his professional
stiffly. jnilgisients more learned, more elaborarite, more
rientifie. or more jest, than those of bird Eldon. Un-
doubtedly it would be desirable to have jurisprudence '.‘
,all its alermct perfection, but is he knew tart that this
could hr obtained, he preferred the present plan, antil he
coedit clearly see a better. The motion sought .for a
eousolittee of froptiry ; but the Hesse had. come, he
ailed say, reeking wet out of au inquiry which hail
a lately been carried on at the It it about tile Sheriff of 1
. Dublin ; .and he did nut think the pr.iposed Inquiry
a . would restore them to their own confidence, or give amis.,
. &Mien to the public. rpon these grounds lie thoughtl
she inquiry sought for would be useless, and his should
oppose the rood. o.
Mr. SGARLETT would ask his Learned Friend who Just
*sat dowry, whether there were no suitors in that House.—
• (twee, hear:) sad if there were, he requested the House to
' beer some slight testimony from those suitors. instead of
bring lofluenced by .the speeches of Counsel. Ile lied too
'wadi respect for the Lord Chancellor to pronounce any pa-
:wegyrie on him ; there was no Judge whose character he
' •Iwial in greater veneration; but no attack was now proposed
spinet his Lordship : the motion was merely for an inquiry
' Me the supposed delays of the Court of Chancery ; and his
teamed Friend mho had made an eloquent a speech last
lilbt, end who proved how great the talent was which new
'distinguished the bar of England, ItletlP no charge against
'lke Lord Chimellor. lie only moved for • Committee, and
*Committee was necessary to satisfy the minds of all men',
*adds subject. TIN (;Dart of Chancery had been prover-
'Wally a Court of delay ; and in proposing to remedy Chic
ilisestesmences of such deb's,, no imputation could be sup-
lewd to be directed against any Judge presiding there.—
witotromplaint was not against the Judge, hut avtinst the
bag-existing usages of the Court. Those delays had been
tbuiplained of from time luimealorial—they were not caused
by Judge:. but arose out of the constitution, on circunt-
111.10fteg sus: dine the Courts ; and it was now merely pro-
' pneeto inquire into the causes of those delays with a view
••• remedy tom. The liou. seil Learned Uentlenisn thin
gioweirlet to support the motion in a very able and argil-
.
.aietutire speech.
lbe question was then loudly called for, and the gal.
jury partly cleared for a division, when
Mt BROUGHA M rose and said,lie was not surprised at
*l. impatience of the lionse.wneei he considered that they
rhairetese I at the end of a second night's debate upon what
ON ailed a dry subjeet. liming heard so much from
!iikeprectitioners of the 'Come of Chancery, which was
'eskaselehted to he a Court of pain, penury, autferine.
. ressnumtion of body. and exhinstion of the Means of
ilk hsetf, he ass in hope that some person isholisd, if
trnsible, hers benefited by Chancery, troll,' have sia,t,,j
a*. He widest to have only Iry look at emit a person
Vie Ina within those wells. lle was sere o:ie lo ,k at
a person would 'elHouse.—(Aate the laugh.) -
Ii
had only heard theEinguage of practitioners.—
it: ware thee who shut the door to impiry? They
be enemies' to the loud eh incellor. They soh'
I,m and proceeil not a step in lute inquiry. Nome
eight Pelson. the denial coon from the ts lentil if
.the Lord Chancellor. They were not his friends. Those
PetionsCrished to conceal abuses tin old, that Gulliver
-Iges known to speak of the Finn of his fatker, octaai • ned
bliceoiaisig a Chancery Suit. Ile had the 146,4 ee.
10arater the Chancellor, and he w s only hurt at The
Asialser int w.....ch Lord Nision hail been &kin Mil. I f thee'
Aolisoncerred means to injure him as a row,, end guile
'Ai ISOM IL Jilligt, they timid out lump tione isionore effect.
1114. The argument against using in o Committee, he

- defence e hail As,
as much in distress as the suitors in the Court where the
Itootourahle and Learned Gentleman was a praltlitiontf.'
Bis lion. and Leerned Friend had *hewn no disiociitia"
11111 to, do his duty. NO Attorney could come forwoool,
othout the protection of that House—constitute impiiry,
and many weal base evidence to point out whether they
°debt to proceed.—He considered the subject ofenteptaine
a great and grievons abuse,amounting to a public cola:
totioy. Ilia Learned Friend was eepreeented as having
mentioned matters which hid never been heard befoir.
MI the great learned and lamented Friends who were
lost to hint for ever, and who had been practitioners iii
Chancery, hail said del ty in that Court was a gross
abuse, which writhed down the country. One lamented
Friend (Sir S. itomilly) had the eandoor to describe
the grievance, although he wis one of the luminaries of
that Court. That lamented Friend, and others of weight
and authority, bad left opinions and papers on the sub-
ject, which would contradict all the erlogio he had heard.
they all proved that the subject had been understood by
the lion. Member for Lincoln. There was not a peg
upoi which they could hang hesitation if all the
suitors did not say hie Hen. Friend load ender.tated the
case, the House ought to refuse int-pity. Did not the
equity or common Lawyer say, when asked to advise an'
equity suit for 804 or 100/..1100rl Goo, no. Who would
risk a suit in Chancery for 1004? Was not that a libel on
,the Law? Were the right • of parties to he destroyed by ma-'
son of the smallness of the snot? Ile was curious that it
shoed' not be said he kept back one thought on the subject.
Every one who was a male fide holder of property would
prefer an equity suit ; and as delay was their object, they
were generally successful. here he could tot avoid a few
remits on Equity Lawyers. • He was not benad to regard.
the feelings of the Judges, but fairly discharge his duty. Ile
had most regard for suitors who were his constituents. In
lei 7, Mr W. Brant retired from the Rollo with the unani-
mous voice of the Public In his favour. No charge of delay
was hi-outdo against him; no incorrectness marked his con-
duct as a Judge. Ilia brilliant legal career being at an end,
,Sir W. Graaf salt succeeded by the present Master of the
Rolls, whom he considered a better Advocate then Sir W.
Grout. but a worse Judge. When Sir J. Leach became Vice-
Chatocellor, the bills, petitions. exceptions, further direction,
pleas, and demurrers increased. 3.4 e total of iacrease in
the Court of Chancery and the Vice-Chancery was 1.520
:muses. This increase was, In his opinion, owing to the
change of Sir W. Grant for Sir T. Plunier. The slowness
or business In the Rolls Court forced causes into the Vice-
rhaneere and the Conrt of Chencery. It was said the Lord
Ctosseellor sittiuor upon appetite from his own Court might
titer hie opinion, and no doubt eonid be entertained that lib
would sive cher' rties the benefitof any change In his niind.Mr
Brougham Ign,w that the Noble and Learned Lord wns justly
esteemed for integrity and his 111411 latent. Ile had nut the
least doubt the Chancellor would give eppellants the Warta
of any change in his mind, but the Noble Lord did.seldont or
ever eliange his onto& and the suitors justly felt that they a ere
appealing to the Judge who had decided the very
eatise against theM. &Incisor the arrear of appeals was
said to be occasioned by the influx of Scotch apprels,
but they heard nothing of Irish appeals. The stare of
jutileatere was so defective in Ireland, that fifty out of
one hundred decisions in the Irish Court Of Chancery
were reversed. With respect to Scotch appeals, a
Scolds Judge in his time, always looked on himself as
1.44.41 for political subserviency. an f he became a Politi-
cal Judge fr tin an Election Barrister. Thus constituted,
the decisions partook of the influence, and appeals mill-
tiplied. Fortunately, Government had corrected a pain-
mph* aoadverse to the principles of jarisprudence. His
trust was, that ilia Bench in Scotian I would improve;
and that they might follow the example of the Judges
in England, by giving up all political feeling the mo-
ment they became Judges. All must allow that the
greatest danger was to be expected front a politi al
Judge. Delays in the Court of Chancery with respect
to appeals had long been the subject of complaint; and
he had heard ofa project to release the Lord Chancellor
from the duty of hearing appeals in the House of Lords,
and moil law to his own Court. Lori Colchester, as he
bad heard, was to be the Vice Speaker. The arrange.'
meat might be nia2e without much increase of expense,
as that Noble Lord received 3000/, a year. His Hon.
Friend, the Metnber for Aberdeen, reminded him that
the Noh'e Lord also held a patent place. The No-
me Lows talent, as a lawyer, wasailoutted: but having
been some Tears out of practice, was he duly Taalifirol
, for the business of a Vice Chancellor? He never could
assent to such a on in as Lord Colchester ; u good speaker,
'but no lawyer, being appointed to decide the appellant
jurisdiction of two ancient kingdoms of the empire like
Scotland aed Leland. Yet this was out of the schemes
ventilated about this matter at present. Another was
that two Scotch Judges should be appointed for this
purpose. Tlois was equally objectionable, as it went to
place two Judges of the Scotch Court arbiters over the
decisions of all the rest. It was these various plans, to
none of which some objectiop might not lie urged, that
impressed upon him the necessity of adopting the inquiry
proposed to them by, his Hon. and Learned Friend. By
that means they would have the opinions of learned tnen
in every branch of the law, and in every department of
science., if necessary. Before he concluded, however, he
must say, that had the line of his argument called upon
him frankly to declare adverse sentiments towards the
Lord Chancellor himself,' he should have had to appre-
hend eloe Ikea lity cud exasperation of Ids friends only in
that House, his experience of that Noble person led him
to declare that he would be the last person to feel enmity
towards him, but that he wotilil at once forgive
The SIM.ICIToR-GENEItAi. said he should not
have risen at so late an bonr, but for the personal elle-
siona which had been wade by the Honourable and
. Learned Member, who had jest sat down. lie then pro-
ceeded to defend Sir Thonies Plainer, whom lie charec-
tised as an upright Judge and an able industrious Law-.
yet. lie contended that this Learned Judge bad done as'
much business, in the saute space of time in the Bolls.
Court, as Sir W. Grant. The increase of baldness in
.the Vice-diancellor's Court proved nothing, for the
suitorsdid nut go there voluntarily. Ile also defended the
Lord Chancellor of Ireland, whom becoatended toil Hop.
Friend had unjustly attacked. Hislion.Friendshould have
given that Judgecredit for the cases which were not ap-
pealed. He dented that the Vice Chancery was afailare, for
the business whirls hail been done there, could not pg.
oiloly be otherwise gone throng-h. The Honourable and
Learned Gentleman thee. proceeded to contend, that
hoarder the motives might be conceal: d, the whole de-
bits was caroiett on in a 'OM of hitter personal hostility
tonarols the Lorol_Cliancellor. In proof of thiss lie al-
le-Wf. the des-Woo-of that Learned person in the ease
0( the goeen whielt had been charged as partial, and as
a deviation (ruin his used doubting- course of proemti-
ing. He disclaimed altogether Vie private aothorily-
spoon which tie Hos. Member for Liecola relied-so mech.
In !wither tile Vice Chancellor's Conn, nor the Court of
nor the Rolls' Court, were form any aprelc.
In. the Court of Choi:terry alone.there wars wears, end
orrcers On'y in one hr ouch or the business of the Court.
the emoes. The arrears were in the proportiore of one.
tenth to the whole number of causesdoeu:d since th!. es-
tablishtnent of the Vice Chancellor's Cnort, that Conti
was now in existenre for ten veers, and is weplst be ii&n.
by an a-curate celcuietloot, that those arrears Werilliost
of one year. There was ao termer of Appiele,diernial
hq Luri Chlinneiloi of 104, the earliest of which 'cue
dated in ISW. L1:1 Übe fags iviirmiu at Ingdiry ?

c .
I alla
allaelaa had bites ma,le

and on account of
t learar4 Lora at
be felt that br
confined hitiriell

. reign, 4 House *II called
_ consider this tuOttott with reference on two hear'
—the arrears in appeals and causes. Ulm Wilt:
Honourable Gentletnan was oecos:oually intertnptrd by:
loud snoring front souse person in the gallery, and the
Lorghter that followed it ) iLt r. n1:I assure th-
House, that he would most willingly exchange sitna-
tions at that moment avith the Gentleman who gave:
*sue furciltie priicifit of his insensibility to all
tnrldly corps.—(A Laugh.) He trusted, !towel in,'
Ott ere long they would all he in the enjoyment of that lisp-
py oblivion. Tee Rigid lion,Aientiernen then explained
kilw grounds upon whlcia he had iu the year ISI3 opposed
rent erection of the Vice Chancellor's Court. Ile found that.
MI apprehensions were not quite justified by experience!: t
bet independently of that conalderatiou, be did not see that
it followed. that supposing evil to arise from the existence
of Cie Court. the best way to cure it would be to dertnittsh'
the Court. A late Right lion. Friend of his. always happy
in Ms illustratiens, noes showed the propriety of the maxim,
that to undo en evil was not always the way to cure it by a
familiar example. A man breaks his leg by jumping out of
a window—weli—but you cannot restore the limb by throw-
log him back laugh.) it was perfectly eonslatent
With his votes and argumeats In 1813, to oppose the preseot,
Inquiry. It had been, lie thoeght, sufficiently shown that
the Vice-Chancellor's Court had taken a great press of batt-
ik** from the Lord Cbanesitioes Court. It had been shown
that theimputed enormities of the Court of Chancery were
brought within much narrower limits than some Gentleineu
seemed disposed to aurae to them. lie would oppose the
motion on another ground. He would not suppose that there
TC:pl any studied unkindness towards the Lord Chancellor;
but there Were eipresdons inadvertently used by some gen-
t twit. which might be misinterpreted in other places sad
he wee confident that the Rouse could nut agree to go to
this Inquiry without giving sanction and effect to those un-
intentional imputatious.
Sir P. BLAKE said, that if the suitors of the "Chancery
Court for the lest thirty years were to have the decision of
this question, the noes would.statil uo chsnce,'and
.the ayes
carry it by acclamation.
After a length tied reply from Mr. WlLLtams, the House
divided—
For the Motion, 99—Against it, 171—Mejoefty. 83.
The other Orders of the MI were then disposed of, end
the Hasse adjourned at Half-past Two.

THE. T
'4ltrrVMlMllls2l"lllll9leniologimialuebillilliagliftitgaimeemiiiew.-
ar; at iplaeitte4ll.lraleellelesh mot
.shoulit ecierend. was inj•tfroos to' the Noble 'and Cesitri ifferas of opinion that !hire was mu case
sate :Nage—. fin .44e/tiled The statement of his fieeotrhhlP bet.
Lord Eldon at the expired, of John Leech ; tint the
x ride of increase of appeals was little greater than it had ind• Learned Erivtsd, who had said attorney* mere bt•O; tife. CANNING' 'AI, that as alliteldn
eluded .from giving information, in roomgoenro of be- to him in the early start of tire debate. at
peso formerly ; titer were not more than 7,11 per cent. It
oral ergeed, alio, that the Chancellor heard fewer appens in g sit:tors in the Court of Ch.lacery. Nothing „aid he the relation in which he ron4 to Jim
than he did original ; but he (11r. W.) wished to knOw .
how lids greeted the adrel-istrailon of jestisee? It was morefairthan that statement. or more frindly to Lora the head of the Court of Chancery. 1
ben".
0 haw big TAwdithipliatteu,ion to A.., ono e„„e, Eldon.• The Attdrney General had reshe3 into a de: should hut ill dischsrge Lis ditty,' if be
• ld t h it to
loth. fence of the Lord Chancellor without the least nereasity* to a silent site on this question. The II
to the • 1.. if they eve no aim
then, l'Pe° •• • not rea of for dint line of conduct, and in his defences he had heel) on to cansirler this motion with referent,
Vice-Chencellor s town tarry was an •r r
turn Tornat MA If. MO 1 gust solenri •ma .......t. • .•