was.

the ministry either directly to Chancellor, but he certainly did sacrifice their principles for the reprobate the system. He felt, to mere purpose of preserving that use the language of Mr. Shadwell, ministry, or to evade the em- that no three angels could disbarrassment by saying, that, al- charge the duties of the office of though their sentiments of the lord Chancellor, constituted as that importance of these questions re

office now

He proposed, mained the same as ever, this was therefore, to withdraw from under not a convenient or expedient time the jurisdiction of the Great Seal, for giving effect to those senti- all matters of bankruptcy, which ments; a proposition which might constituted so great a portion of be perfectly true, but yet amount- the overwhelming load of business, ed merely to this, that the preser- which had not originally been subvation of the ministry was the ject to that jurisdiction, but had paramount object; because that in- been made so by act of parliament, conveniency and that inexpediency and which, of themselves, were were only the inconvenience and amply sufficient to occupy the time, inexpediency of showing how and exercise the talents, of any ricketty a thing the government single judge. For this purpose and its supporters must become, he moved, “ That this House do if the two parties, who now com- resolve itself into a Committee of posed it, adhered to the views the whole House, to consider of which they had so long, and, as the statute of the 13th year of they said, so conscientiously enter- Elizabeth, and of certain subsetained on the necessity of immediate quent statutes, which give to the changes in many vital matters of lord Chancellor of England jurisdomestic regulation.

diction in matters of bankruptcy. On the 22nd of May, Mr. Mi- The motion was opposed by the chael Angelo Taylor brought again new Attorney-general, sir James before the House the subject of Scarlett, by Mr. Brougham, and the delays in the Court of Chan- Dr. Lushington. The Attorneycery, on which he had laboured so general said, that it was an unsound long, and had been so loudly principle to make places to fit particheered in his labours by those cular men ; on the contrary, they who used to sit beside him. His ought to seek men to fit partieular statement was, that the delays places ; and it would be easy to which disgraced that court, and shew that, with three efficient the arrears of business under which judges—and such they had now it was sinking, were the conse- got—there was not the least necesquence, in a great measure at least, sity for subtracting from the court of the system of the court itself. of Chancery any part of the jurisWhen complaints had been for- diction which it at present posmerly made of the existence of an sessed. The number of cases arrear of business, it was answered, which had been set down in the that it could not be got rid of papers in the court of Chancery, without the assistance of an addi- during the last four terms, stood tional judge. That judge had thus:-Original causes, 322; causes been appoiated, and yet the arrear on further directions and excephad not been extinguished. He tions, 76; exceptions, 30; pless did not mean to blame the late and demurrers, 45. He next came There were,

to the Master of the Rolls, in ruptcy petitions, in each year, durwhose court there were set down--- ing that period. Deduct that numof the first class of cases, 258; of ber from 590, and it left 137 petithe second, 98; of the third, 17; tions to be disposed of by the Chanand none of the fourth. The total cellor. He had already shown, amount was 580 original causes ; that the Vice-chancellor had, in 174 causes on further directions and

one year, disposed of cases of the exceptions; 47 sets of exceptions; first class, to which he had before and 45 pleas and demurrers. This referred, so as when deducted from he would take to be the average the average total number set down, number of cases that were to be to leave only 130 for decision; and disposed of in the course of a year. not more than 9 in the second and The question then was, what num- third classes. This was not more ber of cases was one judge capable than an active judge would dispose of getting through in the course of of in a term; and yet these rea year? In answer to that, he mained through the year.

What would call on the House to look to had been the progress of business experience. It appeared that the in the Vice-chancellor'scourt, when late Vice-chancellor, sirJohn Leach, the late Master of the Rolls recoduring the four years which pre- vered his health ? ceded his severe illness, had, upon at that time, four terms in arrear: an average, disposed in one year of so that, when he returned to his 450 causes of the first class ; 212 professional duties, he found that of the second and third; and 79 there was a considerable accumupleas and demurrers. So that, if lation of business. To meet that they deducted from the number of arrear, the Vice-chancellor began cases of all kinds set down, in the by reducing it, in the proportion last year, before the lord Chancel- of one term each year; so that, in lor and the Master of the Rolls, the second year, there were only what the Vice-chancellor had been three terms in arrear; in the third, able to decide upon in the course two; and at present he believed of a year, they would find the re- the arrear was very trifling, and sult to be, that it left only 130 would in a very short time be causes in the first class, 9 in the wholly removed. This was a simsecond, and none in the third. ple statement of the business in Now, could any man suppose, if Chancery. If he were asked, what one individual were capable of was the reason of the delay in de going through such a mass of ciding the remainder of the cases, business, that two learned judges he must beg leave to decline anwere not able to manage a much swering that question. greater portion? A similar consi- merely stating a series of facts: deration of the cases in bankruptcy, and it did not make against his to which the present motion more view of the subject, if it happened particularly applied, would lead to that a particular judge finished, in the same result

. It appeared that, the course of a term, only two during the last three years, there cases, perhaps but one, or somehad been in each year upon an

The question average 590 bankrupt petitions. was, whether it was necessary, Now, the Vice-chancellor had, on when they had three judges, of the average, disposed of 453 bank- one of whom they had bad full

He was

a

4

experience, and with respect to stances of the government and the
two of them they had no reason to country, to which he would not
despair, to remodel the court of allude more particularly, it would
Chancery, and to place additional not be more decorous to pause be-
burthens on the public? In his fore calling upon the House to
opinion, the judges whom they had take this matter, important though
at present, were more than equal to it was, out of the hands of his ma-
do the whole business of Chancery. jesty's government.
The quantum of labour was not so Mr. D. W. Harvey entered into
very considerable; and a Chancel- an exposition of the mischiefs of
lor, with the advantages of youth, the Bankrupt-law as at present ad-
health, and activity, would be able ministered by the commissioners,
to accomplish all that his office re- whom he described as being, in ge-
quired. "It was in the contempla- neral, either young men possessing
tion of the present lord Chancellor, capacity without experience, and
assisted as he was by the experi- backed by parliamentary influence,
ence of those gentlemen who prac- or briefless old men possessing ex-
tised in his court, to apply himself perience without capacity, to whom
to the introduction of some mode the appointment was an act of
by which the voluminous proceed- charity. He complained, above
ings in cases of bankruptcy might all, of the inconsistency of those
be abridged. Let this experiment, who now pretended that all evils
then, be tried, before they pro- would be remedied by the mere
ceeded to a new field-before they change of one man for another,
attempted to remodel the whole while the system was to remain
form of the court of Chancery. what it had hitherto been. The
In regard to the bill for reforming judge, it seemed, was to be changed,
the court, founded upon the report but the practice and business of
of the Chancery commissioners, his court was to remain almost un-
he did not disagree with the come altered, and all the splendid denun-
missioners on any material point, ciations which had thrilled through
and he approved of many of their every bosom in that House and the
suggestions, though not of all; country, were only to be considered
but he' certainly felt, that, to as party tactics, and were to be
make those suggestions the subject looked upon only as the result of
of a cumbersome bill in parlia- disappointed ambition. Now that
ment, was a proceeding not only the object of professional advance-
useless in itself, but one that ment was obtained, those, who had
would disappoint the public. He been most loud in their attacks, had
agreed in opinion with the present become the eulogists of the late
lord Chancellor, also, that the spe- lord Chancellor's merits; and the
cific points of improvement no- House was now told, that if, in
ticed in the report of the commis- the vehemence of debate, any thing
sioners, did not require any act of par- had been said, which was calculated
liament for carrying them into effect, to injure his character, it ought to
but might be made

by the authority pass for nothing, and was to be of the lord Chancellor in his own considered only as the accidental court. He, therefore, put it to the effusion of party spirit. The new, mover of the present proposition, lord Chancellor, it seemed, was whether, under the present circum- forth with to concoct a neat small

system of Bankrupt-law, which the other bankrupt acts,which,when was to put an end to the ruinous read, not one man in ten would expense now complained of, and understand, expressed his convicwas to devise some intelligible code tion, that nothing but legal enactof official arrangement, by which ments could remedy the evil, and all the clamours of the country that it was absurd to expect that were to be stilled. A greater in the lord Chancellor could devise a sult than such a declaration could cure for evils which nothing but not easily be imagined. If the an act of parliament could cure. new administration had not been The bill brought in by lord Lyndformed, the bill, which the present hurst himself was now abandoned, lord Chancellor had introduced for and they were told to wait till they the improvement of the court of should see what his lordship, and Chancery, would have been car- his two coadjutors, could do by the ried by acclamation.

But now

force of their own regulations. that it was formed, parliament was He placed every confidence in lord told that it was a useless measure ; Lyndhurst; but he must doubt that the 188 propositions of the whether any exertions, which the report, which had 188 eulogists, noble lord 'might make, notwithwere to be abandoned ; and that standing his advantages of being

; all that was necessary to simplify younger, as well as more bold and the court of Chancery was, that fearless in disposition, than his the lord Chancellor should make predecessor, could ever reduce the certain regulations under which all business of the court of Chancery expenses and delays were to cease. within those limits of despatch If any man had a judgment so and accuracy which were requiweak as to place confidence in such site to do justice between all para a statement, he ought to be placed

ties. forthwith under another branch of Mr. Brougham asked, what in the lord Chancellor's jurisdiction, consistency was there in his learne the jurisdiction in lunacy. The ed friend the attorney-general system, he repeated, must be re- voting against severing bankruptcy formed. It was full of abuses; from the jurisdiction of the Great and those, who now undertook to Seal, even supposing him to have defend them, had, not many months formerly voted for changes in the ago, poured forth against them court of Chancery? Had he ever torrents of fiery indignation. Had said that bankruptcy ought to be they not changed their principles severed from the Great Seal? with their seats, they would have Why, the question had never been continued to see that much more mooted before to-night. His than the substitution of one man for learned friends had said before, another was expected and was ne- that the state of the court of cessary to a tolerable reform in Chancery required investigation, Chancery.

and did they object to it now? Dr. Lushington, although he They had said, that, at the preopposed the motion, on the ground sent moment, they saw reasons for that no good object could be served not effecting the separation now by going into a committee at that proposed, but was that a derelica late period of the session, merely to tion of their former principles ? read the statute of Elizabeth and A wonderous change, it had been

2

a

said, was now visible in various Chancellor, again, though not
members of parliament: they were educated in the Equity courts,
all opposed to the alterations ini was a person of very great legal
the court of Chancery which they talents, and of a very strong and
had formerly most strenuously independent mind. He possessed
advocated; and they had now, a remarkable power of simplifying
being in office, no objection to all and dealing with the most com-
the arrangements of that court, plicated questions; and it was the
though, when out of office, they opinion of those, whose opinion in
had poured forth against them such matters was best worth hav-
“ torrents of fiery indignation.” ing, that he was qualified for re-
It was assumed, for the purpose forming the court, and anxious to
of an unfair attack, that he him- save its time; and that he would
self, and those who thought with make up for the defect in his
him, had changed their opinions legal education of not having been
on the subject. Now, on what trained in a court of Equity, which
measure of goverument, on what was his misfortune, not his fault.
chapter of policy, on what officer He, therefore, had a confident
of state, on what judge of the expectation that the business of
land, had his conduct, opinions, the court would now be despatched
or principles, changed? It had in proper time. But he did not,
been said by those who contended therefore, say that bankruptcy
that lord Eldon was not to blame should be attached to the Great
for the arrears in the court, that Seal for ever. He said, wait a
no man could get through the year; give time to the court of
mass of business. If the business Chancery, which has now three,
had increased, the means of dis- instead of two judges, and for
posing of it had increased too, by the introduction of practical and
the establishment of the Vice- effectual reforms by the judges
chancellor's court. Instead, how themselves. See what the lord
ever, of having an efficient Chan Chancellor could effect, with the
cellor, Vice-chancellor, and Master aid of his two efficient coad-
of the Rolls, there had always jutors. The experiment in the
been either an unfit Vice-chan- court of Chancery could now be
cellor or an unfit Master of the fairly tried; and if, at the end of
Rolls, which left the court in the a year, the case should appear
same situation as before the Vice- hopeless, then he would admit
chancellor's bill passed. Now, that the bankruptcy experiment
at present, we had, in the first should be adopted, and he would
place, as efficient a Master of support a proposition which he
the Rolls as could be required. now deemed mischievous, or at
Of sir Anthony Hart, the new least premature.
Vice-chancellor, he would say that On a division, the motion was
he had been one of the most ex- lost by a majority of 134 to 37.
perienced practitioners in the court During the discontents which
of Chancery, and was admirably disturbed the country in the end
qualified to get through business, of 1819 and the beginning of
which would compensate for any 1820, certain legislative measures
deficiencies that might exist in had been adopted, known by the
other respects. The new lord name of the Six-acts, for the pur-