new Judge; he at present was one of the Barons of the Exchequer, with a salary of 5,000l. a-year. The salary of the Judge of the proposed Court was to be 3,000l. only, with quite as much to do. It was not in human nature to work more and be paid less, and therefore the appearance of this arrangement was so improbable, that he feared there was something behind -something that was not to see the light. Although the Lord Chancellor himself might not sell the patronage created by this Bill, yet there were such persons as Lord Chancellor's Secretaries, and other officers, through whom appointments to the new offices could be obtained. He fully believed there was no merit in the measure, but that it would turn out a great and overpowering job. with fair discussion? The expense created by the Bill, would, according to the best calculation, amount to 26,400l. a-year. But thatwas not all. The hon. member for Buckinghamshire admitted, that the Bill was in a great degree an experimental measure; but what was to be done with this experimental Court? The Chief Judge was to have a retiring pension of 2,000l. a-year; each of the Puisne Judges a retiring pension of 1,000l. ; and all the Commissioners, Registrars, and other officers connected with it, retiring pensions of different amounts also. This was the economy of the Bill. Then the Bill was not to come into operation until January next, yet the Lord Chancellor was, if he pleased, to be at liberty to appoint all the officers of which it was to be constituted, as soon as the Bill Mr. George Bankes said, the objections was passed; that was to say, to use a legal which had been so forcibly urged by many phrase, the Lord Chancellor was to have hon. Members had been so feebly answered, seisin of the Judges before the Judges and there appeared so many objections to have seisin of any Court to sit in, or any the measure, that even the supporters of jurisdiction to attend to. That might the Bill admitted, that as it stood it would seem very reasonable and very just to a be inadequate to the purposes for which it man with a master mind, but to him it was framed; that, in fact, a Supplemental seemed most unreasonable and unjust. Bill would be necessary; so that it was plain The hon. and learned Gentlemen on the that the Bill could not be sufficiently dis-other side of the House, although ascussed in the present Session. The Bill went sembled in goodly array, did not conto invest one man with a patronage which descend to answer any objections. A gemight be much abused to political pur-neral order had been issued apparently poses, while it did not provide a remedy for the defects of the present Bankruptcy Commissioners system. The Bill was, in fact, so highly objectionable, that he would -acting on the suggestion of the hon. member for Bridport-move as an Amendment on the original Motion, that it be referred to a Select Committee to inquire into its provisions and machinery, and report thereon to the House. Sir Charles Wetherell said, he rose to second the Motion for the Bill to be referred to a Select Committee, and he did so upon many of the principles which had been urged by the hon. Gentlemen who had opposed the Bill, and whose arguments had been wholly unanswered. To press a measure of so much importance at such hours and seasons as those at which this Bill had been presented, was inconsistent with the privileges of the House of Commons. It was only yesterday that the Bill was put into a shape in which it was possible to regard it as a tangible measure yet it was last night pressed upon their consideration at a late and unseasonable hour. Was that consistent The among them to hold their peace. result, either to the suitors or to the public, | relative to the four Tellers of the Exchefrom the institution of such a Court as quer, and the great outcry that was made this, or from an attempt to carry into until these offices were abolished. The effect a plan so involved and complicated only duties these Tellers had to perform as the present? The Court, he believed, was, to give a tally for the money paid into would only be erected to be almost imme- the Exchequer, and also to keep a tally diately demolished, and it would never for the money paid out. They were conenable any man to carry into effective or sidered as holding sinecure offices, which useful operation the Bankrupt-laws. He were, therefore, abolished; but this Bili would not go into the whole of the details appointed officers who, in point of fact, of this Bill, or into an investigation of all would be the Tellers of the Bankrupt its rude and complicated machinery, for Court, and would be sinecurists just as that had already been done by his learned much as those Tellers of the Exchequer friends; but there were one or two points whose offices had been abolished. He inwhich he thought peculiarly deserving of vited his Majesty's Ministers to defend attention, and which he would allude to the appointment of these official assignees, for the purpose of illustrating his own views. and he challenged either of the legal The first item was 26,000l. a-year for the functionaries opposite to do so. The payment of the legal batch of officers, and whole of their duty would consist in then came the official assignees, whose pro- getting together all the property of the posed enormous emoluments had already bankrupt, to see that it was distributed, been touched on by his hon. and learned and to take a large per centage for themfriend (Mr. Knight), and also by the hon. selves, while at the same time all the lamember for Bridport. The thirty official borious duties were to be performed by assignees to be paid by a per centage, were the assignees chosen by the creditors. He to be chosen from the merchants of the had seen the lists of the persons intended city of London, by the Lord Chancellor, to fill these and other offices, and these apthus giving a degree of patronage and of pointments were to be a means of political political influence to that high legal func-patronage, so that we should have only tionary which no person ought to have. The selection of the thirty merchants for official assignees ought not to be given to the Lord Chancellor-it would be better to give the patronage to the Archbishop of Canterbury, or still more desirable to give it to some civilian, such, for instance, as the Secretary of State, or the Vice-President of the Board of Trade. It was impossible, that the Lord Chancellor, with so many other duties, could find time to learn who were fit and proper persons to be ap-nent man should be had in favour of this pointed to these offices, and he must, therefore, rely upon the report or recommendation of his Secretary, or some other person. The Secretary of the present Lord Chancellor would, he dare say, make a proper choice, but he objected to leaving the power in the hands of any Secretary of any Chancellor. It was vain and idle to suppose, that my Lord Chancellor Brougham, or my Lord Chancellor anything else, could individually select these persons-the duty must devolve on the Secretary, or upon some other officer of the Lord Chancellor, and such a vast power ought to be intrusted to no such subordinate and inferior person. Hon. Gentlemen opposite, doubtless, recollected the number of speeches that were made Reforming assignees. It was said, that Mr. Justice Bayley had consented to accept one of the new offices under this Bill, and that that learned Judge most cordially approved of the proposed alterations. But he had the authority of that learned Judge to say, that he had never consented to accept any appointment in the new Court, and that he had never expressed his approbation of this Bill. It was thought necessary that the authority of some emi Bill--it was considered desirable that some eminent lawyer, or learned Judgesome Sir Edward Coke, or Lord Hardwicke-some Selden or Maynard, should have expressed his approbation of it; and therefore Mr. Justice Bayley was called upon to throw his cloak around it. This Bill, however, had not that learned Judge's approval, and he had never authorized any person to say that it had. He had heard the names of some of the persons who were to fill the chief offices in this Court; and he understood that a learned Serjeant, who retired some years since from Westminster Hall, was to be one of the Judges. That learned Serjeant was a most respectable and learned man; but recently he figured as a leader in the cause of Reform at all the metropolitan | signee. He agreed with the hon. member county meetings. That confirmed him in for Buckinghamshire, that the present the opinion that all those officers would be Bankrupt-law was most defective, and that appointed from political motives; and he there was hardly any branch of this law protested against the Lord Chancellor ap- in which material improvements could not pointing political persons to judicial of- be made; but it appeared to him that fices. He did not mean to say, that ac- this Bill would do anything rather than cording to the common course, the Lord tend to improvement. Of all the means of Chancellor was not justified in appointing security for the proper division of the his own friends, but it was preposterous effects of a bankrupt, this was the most for the Legislature to establish a new clumsy and the worst that had ever been Court of justice for a mere political pur- devised. The objections to this part of pose. There were no regulations in the the measure increased in proportion to the Bill for giving the new Court control over consideration he was able to give to it; the official assignees, but the matter was and they were insuperable, and no alteraleft to the Lord Chancellor, in case of tion could remove them. The hon. memcomplaint. He was sure that this part of ber for Buckinghamshire had dwelt much the plan would lead to the greatest con- upon the defective administration of the fusion, for a man might be appointed to Bankrupt-laws, and stated that the chief one of these offices, of good mercantile objection was the delay. The hon. memcredit, but still a very improper person ber also stated that, at the period Lord from his disposition to discharge the duties Eldon was Chancellor, previous to the of such an office. What enormous sums institution of the Vice-chancellor's Court, would be made by these official assignees all bankrupt petitions were heard in the in the case of a large failure! For instance, long vacation, and that, therefore, some there was the very recent case of a large were necessarily postponed for nearly a West-Indian house, which stopped pay- twelvemonth. This was a great evil, for ment for upwards of 400,000l.; and out he had known Lord Eldon often hear of such a bankruptcy, even the official several hundred bankrupt petitions. When assignee would make a small fortune. He the Vice-chancellor's Court was estarecollected an instance of a bankrupt failing blished, the greatest advantage was derived for upwards of a million; and upwards of to the public, and the relief in the bank700,000l. was divided amongst the credit- rupt cases was immediately felt. At the ors. The smallest per-centage on such institution of that Court, the greatest a large sum as this would be of a con- objections were felt to the removal of the siderable amount. Indeed, the places of bankruptcy business to any other Court, as these official assignees would be worth, the mercantile interests thought that they at least, from 4,000l. to 5,000l. a year. were entitled to the decisions of the highThere was a per centage upon the col- est legal authority in questions of this lection, and also upon the paying out, nature. An arrangement was made, howand all the money paid into the Bankrupt ever, by which the more difficult questions Court must be paid out toties quoties, as were still referred to the Lord Chancellor; it was wanted. The money was not to be and, by this means, for the last ten years left in the hands of the official assignees, there had been no arrears whatever in for one of the objects of this Bill was not to bankruptcy cases in the Court of Chancery. permit the accumulation of property in the No one could deny that the present Lord hands of the Assignees, but to have it in Chancellor was a man of great talent, and custodiam legis. According to this Bill, that he got through business with great the consent of the Chancellor must be had rapidity; but, at the same time, it ought before the money could be got out of the to be recollected that he had been mateBank, for the purpose of making dividends. rially assisted by the Vice-chancellor; for It was said that evening, that this power there were no arrears in his Court. The was to be given to the official assignee, next topic he had to allude to, had referand that that officer should be enabled to ence to the officers who had been displaced. get effects out of the Bank when he The Lord Chancellor very wittily called pleased; if this was the case, the clauses the Commissioners the septuagint; but of the existing law must be altered, and this Bill would replace them by a sexthere would be no security against the tuagint. There was no great difference commission of a fraud by the official as- between the two numbers. The present system was to be discontinued, because | firm or rescind the judgment of the Comseventy officers were considered too numer- missioners on the case submitted to them. ous; but this Bill actually appointed to It had always been a matter of great anxsucceed them between fifty and sixty per- iety with the merchants to get the decision sons. His hon. friend, the member for of the first Equity Judge in the kingdom, Tewkesbury, a good banker and a sensible but now this could not be done without man, as well as the hon. member for Buck- occasioning very considerable additional ingamshire, had often told a dismal tale of expense, as the case must be carried the confusion arising from the number of through two additional Courts before the officers in the old Court, but what would decision in this Court of appeal could be they say to this new Court? The chief obtained. All these subjects were well complaint appeared to be, that great con- worthy of the most serious consideration, fusion arose in consequence of the same and it was on this account that he was list of Commissioners being engaged upon desirous to have the whole matter referred more than one Commission at the same to a Committee up-stairs. He trusted time. But surely it was not necessary to that hon. Gentlemen opposite would resist change the whole constitution of the being hurried on with a measure of this Bankrupt Court, because the Commission- magnitude and importance, and would not ers did not sit often enough, or confine consider it consistent with the dignity of themselves to a definite question. The the House of Commons that they should whole evil, in this respect, arose from the be found, at this late period, to pass a want of a practical rule in the arrangement measure for establishing a new Court of of business. The hon. and learned mem- Justice, without having an opportunity ber for Newark complained that affidavits of examining into the probable workings were made in this Court for the mere in- of the Bill. The Solicitor General, when crease of expense, and that it was inexpe- examined before the Chancery Commission, dient to proceed by affidavit when issue said, that he never would consent to sepawas to be joined on question. Was not rate the appeal in cases of Bankruptcy this the common course in the King's from the Great Seal. The appeal to the Bench; and in many cases were not the Lord Chancellor in the present Bill was proceedings commenced on affidavit, and a complete and idle mockery, and, in point more especially on all questions of manda- of fact, the Chancellor would get an inmus? He was surprised, therefore, that crease of emolument from this Bill, and his hon. and learned friend should vitu- would have nothing whatever to do. If perate this Court for doing that which was this matter should be referred to the Com. done in the chief common-law Court of mittee, and after investigation it should this country. He certainly did not think be determined that these alterations ought that it was desirable to encourage the to be made in the Court, then they should referring questions of bankruptcy to Juries; have the satisfaction of proving that they and, in the time of Lord Eldon, the trials had not been hasty and unadvised in their of issues of this nature were not frequent. decision. Some Gentlemen in this House Great improvement might be made in the would recollect the constant attacks made proceedings of the Commissioners, but it upon Lord Eldon, and that scarcely a would not be a material amendment to week was allowed to pass over without hold out inducements to try issues. The some personal allusions being made to trying issues would be attended with ten that distinguished man, in consequence of times the expense of proceeding by affida- the establishment of the Vice-chancellor's vit. At present the Commissioners did Court. But a more able man than that not hear the whole case and determine on eminent Judge never presided in a Court it, but if any difficulty arose they sent it of justice; a man of greater talent and to the Chancellor to determine. It would genius could not be met with; and a be desirable that the Commissioners Judge more conscientious and laborious should hear the whole case, and that there than Lord Eldon, never was placed on the should be no appeal except in case of judgment-seat. He might truly be said to disputed judgment; by this means the have had a master-mind. He was, howgreat evil arising from the continual intro- ever, a Tory Chancellor, and therefore duction of new matter would be removed. could not make those changes and adopt Thus the Lord Chancellor would not have those systems which a Whig Chancellor to decide on a new case, but only to con- did with perfect impunity. Hon. Gentle men opposite would have lifted up their hands with astonishment, and would have exclaimed against Lord Chancellor Eldon making those changes and adopting those plans which they lauded Lord Chancellor Brougham to the skies for doing. Oh, happy Whig Chancellor! Oh, unhappy Tory Chancellor! Unhappy Tory Lord Chancellor, who was to be allowed no assistance! Happy Whig Lord Chancellor, who had not only got a Vice-chancellor, but who had got a Bill that would give him a Chief Justice, three Puisne Judges, and six Commissioners, who were to relieve him of all his bankruptcy business, and give him patronage to the amount of 26,000l. a-year! The unfortunate mastermind of Lord Eldon was to have no assistance, and was obliged to pay 2,500l. towards the salary of a Judge, who was asserted to be necessary on account of his personal defects. But now the times were changed. We had now a Whig Lord Chancellor, a Whig Administration supported by Whig adherents, and they were to erect a new Court of Bankruptcy to relieve the master-mind of the Whig Lord Chancellor from all its bankruptcy business. The Gentlemen on the other side of the House seemed to be pleased with their good fortune; they seemed to be chuckling at their luck, and no doubt they had cause to chuckle when it was recollected that, day after day, Lord Eldon was attacked in this House by the Press, in every quarter, where the malignity of party could reach, and was told that he ought to do all the business of the Court of Chancery; whilst now the story was, that a new Court was wanted. They might well triumph, for the Whig Chancellor had a triumph, and they were triumphantly sailing with him down the stream of unnecessary patronage. It was upon these grounds that he was disposed to say, that although the existing system of Bankrupt-laws should receive considerable amendment, yet the system, as a system, was correct, and had had the approbation of some of the most eminent men in the Court of Chancery. Let there be, if necessary, an Act to improve the system; reduce the number of the Commissioners, compel them to exercise and complete all the duties of a Court below, but adhere to the principle of a direct appeal to the Lord Chancellor. He never, in any case, was more satisfied of the tendency of any Bill to create dissatisfaction, than he was of this Bill's having that effect; for it would increase expense in every possible way, and aggravate all the evils now so bitterly complained of. Under these circumstances he could conscientiously second a motion for a Committee; and if the result should be, that all the merchants and lawyers had changed their opinion, let it be stated, and establish a new Court upon that new opinion; but not establish a new Court, in favour of which no man who had ever thought upon the subject could have decided. The Amendment having been put, The Solicitor General said, the hon. and learned member for Boroughbridge had reproached him for what he called the libido tacendi. This was a great fault in his eyes; but he would put it to the House whether he did not, in his desire to avoid it, fall into the opposite fault of the libido loquendi. He (the Solicitor General) was always most anxious to avoid wasting the time of the House by useless and unnecessary speaking; and if he now broke through his habits of silence, it was from an honest desire to bring back the attention of the House to the subject before them, and to rescue the Bill from the mistakes and misapprehensions, and consequent misrepresentations, of his hon. and learned friend himself who spoke last. The question before the House was one of the greatest importance to the mercantile public of this country. It was, whether the Bankrupt-law should continue to be administered upon a system acknowledged by most Gentlemen opposite to be bad; or be administered in the manner proposed by this Bill. His hon. and learned friend had characterised this measure by the name of "an experimental Bill." If he meant that it did for the first time offer a new judicature to the country, it was an experimental Bill; but if he meant that it was an experimental Bill, because not founded on sound reason and law, the imputation rested upon his own assertion only, for no attempt had been made to shew the fact by argument. There were several topics urged by the other side which it was needless to advert to, because the Gentlemen who had pressed them had, in many cases, answered one another. Some eulogized the present system of Commissioners, whilst others told the House that the Commissioners must, beyond a doubt, be thrown aside. The hon. member for Bishop's Castle, who addressed the House so fully and eloquently upon the subject |