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grounds of admiration, might certainly ing of this measure, because he did not claim for himself the merit of having think it a very fair one. The only real kept his word well, as regarded the con objection that he now heard from his hon. duct which he promised to pursue upon and learned friend was, that he thought this Bill. As long ago as that day the Commissioners would constitute a very fortnight, he stated his determination efficient tribunal. As to variety of apto interpose every objection that his in- peals he said, “ You may avoid uncergenuity could suggest to the progress of tainty, but you will not save expense, por the Bill. Doubtless he had fulfilled that prevent delay." Expense and delay were pledge, for he had this night for the third the offspring of uncertainty, and by protime advanced the very same argument, viding against the one evil, the two others for the third time indulged in the same were effectually prevented. Expense and series of extraneous and irrelevant raillery. delay, then, vanished with the removal of Such conduct was hardly consistent with uncertainty. No doubt a variety of apparliamentary fairness. His hon. and peals was troublesome, but by this Bill learned friend had said, that he was not they were so arranged as to be made alaware that the Bill was to be pressed for- most immediate, so that little delay could ward at this period. Perhaps he would result from them. Hehad thought it necesallow him to state the history of its pro- sary to make this short statement to the gress, and to explain why it had been de- House, in explanation of the progress of layed so long. On the 23rd of February the measure, and of the reason of its being last it was introduced into the House of introduced there at that period of the Lords by his noble and learned friend the Session. He had now only to hope that Lord Chancellor. It was not founded upon they should be allowed to go bona fide into any theoryor fancy of the noble and learned the merits of each clause, and to conLord, but upon the combined opinions tinue the discussion in reference to the

many eminent persons. At the time of provisions of the Bill alone. its introduction, its nature and its intended Mr. Wrangham entirely concurred in operation were fully explained. It was the views which had been taken by the laid

upon the Table of the House of hon. and learned member for BoroughLords—it was printed and circulated bridge, and should vote for the amendit became matter of universal discussion, ment which he had moved. both at the Bar, and

among mercantile Mr. John Campbell begged leave to say and commercial men in the City—its a very few words upon the question of wheprogress was delayed by the dissolution ther there should be four Judges, or only of Parliament. When the new Par-one Judge in this new Court. He was liament assembled, it was again brought convinced, that the great advantage of the forward. It had been, maturely con- Court would be, that it consisted of four sidered by the parties most interested in Judges, and not of one Judge. To come it. But again its progress was delayed from Lord Bacon to Mr. Angelo Taylor he --not as the hon. Gentleman opposite had would observe that that hon. and learned presumed, for the sake of pushing it off Gentleman, who, during his Parliamentary to the end of the Session, then to be car- career, devoted much of his time and atried in haste, and without due consideration, tention to consider of measures for a rebut in consequence of the unavoidable ab- form of the Court of Chancery, always sence of two noble and learned Lords who contended that three Judges should sit in were anxious to take part in the discus- equity. Even now, upon great occasions, sion upon the third reading in the other the Lord Chancellor borrowed assistance House. Thus it was prevented from being from the Chief Justice of the Common carried through its final stage in the other Law Courts. The Insolvent Debtors' House as early as it otherwise would have Court, too, which had only been recently been. But had it now been but a very established, had three or four Judges. short time in the House ? At least a fort- Another advantage arising from this Court night had elasped since he first brought it being constituted of four Judges would be, forward, so that there really had been that while three were sitting and deciding plenty of time to give it all the consider- questions of law, the other might be sitation that it could possibly require. He ting with a Jury, to try questions of fact. regretted the course which the hon. mem- This Appeal Court should not, therefore, be ber for Bridport had taken in the discuss- confined to a single Judge, as the decision of four Judges was likely to carry more he should have been, and that he approved authority with it than the decision of one of but a very small portion of it. So much Judge. In the case of a high and respon- for the approbation bestowed on the Bill sible officer, such as the Lord Chancellor, by one of the hon, and learned Member's it might be expedient to have only one authorities. The hon. and learned AtJudge; but the attempt was likely to fail torney General had not acted very fairly in a case like the present. If there was towards his hon. and learned friend, the to be a Court of Appeal immediately con- member for Boroughbridge, in the course nected with the Bankruptcy Court, it was of these discussions, in refusing to enter indispensably necessary that there should into the discussion of topics of the highest be more than one Judge. Dr. Paley niade importance in connexion with this subject. use of the expression, that in all Courts It was forgotten that the alterations inof Appeal there should be more than one volved in this measure were of the utmost Judge; and he added, that it appeared consequence, and ought not heedlessly to to him, that four was the most convenient be made. The hon. and learned Attorney number. For his part, he would much General, in answer to what fell from the rather abolish the office of Vice-chancellor hon. member for Bridport, said, that this than consent to the change now proposed Bill would certainly attain one of the in the constitution of this new Court of three objects which it was desirable to Bankruptcy.

attain with reference to the Bankrupt-laws Mr. George Bankes could not help feel- -namely, the removal of the uncertainty ing that this was a topic well worthy of attending the present proceedings. He consideration. He regretted that the said, that if the uncertainty attending the House rejected the proposition for re- administration of the law was done away ferring the whole matter to a Committee with, this would do away with most of the up-stairs, for then there would have been appeals. It was to be lamented that the an opportunity afforded them of examin- learned Gentleman thought it necessary ing this and other important questions, to go out of his way to make an attack of which it was impossible to treat in a pro- this sort upon the Commissioners, for bis per manner in the short time allowed by language implied that the gentlemen who his Majesty's Government. He was sur- held these offices were negligent in the prised at the argument they had just heard discharge of their duty. The noble and from the hon. and learned member for learned Lord, the author of this Bill, Stafford; for, in point of fact, it would would assuredly never lend himself to come to this--that they ought to have attacks of this nature. He was aware that three Lord Chancellors, except at the the noble and learned Lord did in another present time, when a “master-spirit” held place make some allusions to the Comthat office. The hon. and learned Gen- missioners, but he would not countenance tleman, however, admitted, in a subsequent charges that had been insinuated against part of his speech, that it was always them. All those charges arose from the possible to tiod a person adapted for the learned Gentleman labouring under a proper discharge of the duties of Lord total misapprehension of the real state of Chancellor, but that at, the same time, it the case, and from his being quite unacwould be impossible to find another per- quainted with its real circumstances son who ought to be intrusted to sit by The allusions were rather founded on himself in this Court. The honourable ignorance than upon any correct inand learned Gentleman had quoted formation upon the subject. It had been authorities in favour of the views he said, that all the opposition to this meahad adopted, and, among others, he had sure had originated in one quarter, and referred to the opinions of Lord Bacon, that it had been made chiefly for the and of Mr. Michael Angelo Taylor on the purpose of delay or for some other party subject. He had met in the course of his purpose. He reprobated the idea as absoperambulations that day, the latter of lutely false and groundless; and he asserted, these eminent authorities, and they had that only a sense of duty had influenced entered into conversation on the merits of those who sat around him in opposing a this Bill. And he had the authority of Bill which proposed to reconstruct a Court Mr. Michael Angelo Taylor to declare, of justice, when they had had no opporthat he had never been consulted on this tunity of inquiring either into the expedimeasure, although he fully expected that ency of the change, or into the probable workings of the new Court. . As for the this Amendment merely from a motive of assertion that all the opposition originated promoting delay, that such person was with those opposed to the Reform Bill, completely mistaken. he would merely mention, that the hon. Mr. Robert Grant observed, that the member for Bridport had taken the lead subject had occupied his attention for in the opposition. There was no ground several years, and many eminent men had for the charge of unfair dealing, and he spent much time in investigating the best would not be deterred from doing his duty form of the tribunal for the decision of by the throwing out of such imputations. cases of this nature. From all the conHe was one of the Commissioners of this sideration he had been able to give this Court for several years, and did not hesi- Bill, he was of opinion that many of the tate to say, from what he had seen in that objections which now applied to the admiCourt, that he believed all of them were nistration of the Bankrupt-laws, could not extremely anxious to discharge their duties. be urged if a Court like that now contemAs for the charge of delay in their deci- plated were established. No one intended sions, he would refer to the authority of to cast any imputations on the character the hon. and learned Member behind him, of the Commissioners and the objections who stated that, of the 600 bankrupt peti- that were urged did not apply to them, but tions brought underthe consideration of the to the system under which they were called Lord Chancellor, within a certain period, upon to act. Under that system the judicial only fourteen were appeals from their de- duty was absurdly and mischievously districisions. In the list to which he belonged buted amongst a great number of persons, for upwards of seven years, there was so that, in fact, it was a surbordinate duty; only one appeal to the Lord Chancellor, whereas, being a most important duty, 'it who confirmed their decision. The most should devolve upon only a few persons, unfair charges had been brought against and be their sole and exclusive business. the Commissioners, and imputations the It was one of the great evils of the present most groundless had been made against system, that the Judges were not persons them. Taking the system as it stood, it of great responsibility, and one of the was impossible to perform the duties in a principal objects of this Bill was to remedy more exemplary manner than they were that evil. He would venture to say, from executed by the Commissioners. The hon. his own experience, that if this new sysmember for Malton said, that all those tem should be found to work well, every offices seemed filled up without reference one of the Judges in this new Court would to the peculiar qualifications of the person be fully and completely employed. He appointed. He did not know whether the would not enter into the question of hon. Gentleman alluded to the present the propriety of having one or more Judges Lord Chancellor or to his predecessors, in the Court of Appeal, as it was a matter Lord Lyndhurst, Lord Eldon, or Lord of great difficulty, and required much Erskine, in whose times all the present attention before a satisfactory conelusion appointments had been made; but such a could be arrived at; but it appeared that, charge appeared to be utterly groundless; at least, the present Court would be more for in a Parliament where each of these in unison with the spirit of our institutions noble and learned Lords would be liable than such an alteration as was proposed to impeachment for such conduct, he by his hon. and learned friend. Objections did not think that any Lord Chancellor had been made to an intermediate Court, would act so disreputably, or perform his but by this course all the process of workduties in so negligent a manner. Withing the Commissions would be settled berespect to the question more especially fore the case could come under the consiunder the consideration of the House, it deration of the Chancellor, who would was, on all accounts, better, in a Court of have only to rescind or confirm the judgAppeal, to have one Judge in preference ment of the inferior tribunal upon some to four; for, by this means the responsi- question of laws and not of fact. bility was increased, and persons were Sir Charles Wetherell would, in the first protected against being compelled to go place, allude to what had fallen from the into an important question of this nature, hon, and learned member for Stafford. without having sufficiemt time allowed for The hon. Member hoped that this Bill the examination of it. He should only would pass in its present form. His add, if any one supposed that he supported wishes would probably be gratified; but it



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was also probable that in the course of next they must be unoccupied, unless, indeed,
Session some measure would be submitted their time should be filled up by being
to Parliament for the purpose of altering made Commissioners under a bill with
and amending this sage scheme. There which the Parliament was threatened from
could be little doubt that this measure the Woolsack-for the Cardinal threat-
would become the law of the land, as an ened the Peers as well as the Commons.
intimation had been given in a high Notwithstanding the dreadful condition in
place, that Parliament was to be kept which he should put himself by presuming
sitting until it was passed. Such to oppose this sort of usurpation, and these
order - which he understood was issued kinds of threats, he should certainly divide
from the Woolsack no later than yester- the Committee on his Amendment, being
day—had not been promulgated from the resolved to have only one Judye, in the new
days of Wolsey to the present period of Court, if he could effect the object.
political freedom. He hoped that similar The Committee divided on the Amend-
orders would not be issued on other sub- ment:-Ayes19; Noes 71 ; Majority 52.
jects, and that the master-mind would at Clause agreed too, and House resumed.
least confine its attention to measures of Committee to sit again the next day.
this nature. In a newspaper, one of the
organs of the Government — the Lord SUGAR REFINING BILL] Lord Althorp
Chancellor was made to say, that the moved the Order of the Day for the House
Bankrupt Bill shall pass. The Commons resolving itself into a Committee on the
of England were to be mere automata, Sugar Refining Bill.
not to escape censure even for discuss- Mr. Robert Gordon said, as they had
ing this measure in transitu. The House just adjourned the Bankruptcy Law Bill
of Commons had received orders from the on account of the lateness of the hour,
Woolsack to pass the Bill without delay; surely this Bill ought not to be pressed
he was certainly not inclined to obey such forward ; and he had hopes, if the business
an order, and should, therefore, discuss it was delayed, that some arrangement might
as long as he had anything to say against be made between the parties interested.
it. He was opposed, as an individual, to Lord Althorp was not aware that any
such a scheme; and a grosser judicial job opposition was intended to the Bill. It
or a grosser piece of judicial patronage, had had already been postponed to give time
not been effected than this Bill since the for some arrangement to be come to, but
time of Cardinal and Chancellor Wolsey. as none had taken place, it was necessary
Since the time of that clerical Lord Chan- the House should settle the question ; the
cellor, they had not had the same person Bill besides was extremely short, and they
holding the Great Seal, and also the might easily get through it.
Archbishoprick of York, the bishopric of Mr. Burge observed, several amend-
Durham, and the deanery of St. Paul's in ments were to be proposed which were
commendam, but there was an instance of likely to take up some time in discussing.
a lay successor of that eminent personage There were hon. Gentlemen in the House
manufacturing a Court of Justice with who were prepared to object both to the
salaries of 26,0001. a-year, without any principle and details of the measure.
ostensible reason. The resemblance be- Mr. Poulett Thomson said, he feared
tween the eminent ecclesiastic and the that if the Bill was not forwarded one
eminent lay Lord, must instantly strike stage during the present evening, there
the mind of any man. The prudence and was a great probability of its being entirely
economy of the Government when some lost, as the advanced period prevented any
401. or 501. was saved by clipping and pron- further delay. As the House had already
ing was loudly boasted of, but when new agreed to the principle of the Bill, he
establishments were to be formed, and trusted they would not put an end to the
when thousands were to be expended, hopes that had been accordingly raised.
so that Ministers might have new patron- The Order of the Day was then read.
age, not a word was said of economy. In Mr. Hughes Hughes said, solely on
all our Equity Courts except the Court of account of the lateness of the hour, and
Exchequer, there was only one Judge; without any factious motives whatever, he
and he should, therefore, like to see the begged to move “ That this House do now
Puisne Judges of this Court of Review Adjourn."
struck out. Nine months of the year On this Question the House divided ;

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when there appeared--Ayes 12; Noes 49 The Petition was read. --Majority 37. [After the division, it was Mr. James said, that notwithstanding intimated by the opponents of the Bill, what had been said by the right hon. that they would persist in again moving Gentleman, he was still of opinion these the adjournment if the Original Motion cables ought to be introduced into the were persisted in, and Lord Althorp con- public service. A very strong argument sented to postpone the Committee.] in their favour was, that they were daily Committee postponed.

demanded for the use of private vessels.

They were equally strong with others and Chain CABLES.) Mr. James said, be- had the advantage of being much lighter. fore the House adjourned, he wished to Petition to lie on the Table. present a petition from certain manufacturers of iron, who had recently discovered an improved method of making Chain HOUSE OF LORDS, Cables. He wished to state to the right Friday, October 14, 1831. hon. Gentleman at the head of the Ad- Minutes.] Bills. Read a third time, and passed through the miralty, that the petitioners complained other stages, the Standing Order, being suspended ; the that they had made application to the Relief and Employment of the Poor, and the Barbadoes

Importation ; also the Galway Franchise; Arms (Ireland); Navy Board, and no attention had been

Prescription. Committed; Valuation of Lands (Ireland); paid to their suggestions. He (Mr. James) Military Accounts (Ireland). Read a second time; Hop was given to understand, for some reason

Duties. Read a first time; Distillation (Ireland.) or other which he could not divine, that Petitions presented. In favour of Reform. By Viscount

GODERICH, from Inhabitants of Havant and Aldborough: the Navy Board refused to use the best --By Earl Grey, from Stromness, Easter Ross, Salisbury, sort of material for the cables of the Royal

and Swanwick. By Lord Kino, from the Political Society

of Warwick, for the abolition of Slavery, and for the diffuNavy. The petitioners further declared,

sion of Useful Knowledge. By Earl Grey, from the Royal that the test used to try the cables was of Burghs of Scotland, praying for an alteration in the Scotch too little weight; they were only tested

Reform Bill relating to the disfranchisement of the Fife

district of Boroughs. By a NOBLE LORD, from the Rate to bear a strain of eighteen tons, whereas, Payers of St. Pancras, in favour of the Vestries Bill. if they were made of the best iron, they were equal to bear twenty-four tons. The BANKRUPTCY Court Bill.) The subject appeared to him to deserve the Lord Chancellor.—My Lords, I hold in utmost attention.

my hand a Petition from a professional Sir James Graham said, he hoped his gentleman named Richardson, pointing hon. friend remembered the petitioners out several abuses in the present system were also constituents of his, and therefore of Bankrupt-laws, and calling on your he was anxious, of course, that every atten- Lordships to pass the Bill lately introduced tion should be paid to their supposed to amend them. My Lords, in presenting improvements. So far from the subject the petition, I cannot avoid taking adbeing neglected, however, he could assure vantage of the opportunity it affords me his hon. friend, that the Navy Board had to state, that I have heard with great condirected one of their surveyors to visit all cern that, owing to misapprehension, some the iron foundries in the kingdom, and imputations have been thrown upon memore especially at Fishguard, with refer- no, I should not state that, for I hope I ence expressly to the construction of cables, am above them—but that some cavils have and after all the evidence they were able been made out of this House—where I to obtain, the Navy Board came to the will not say-respecting my motives in conclusion, that it was not expedient to bringing forward the Bill to amend and recommend the introduction of strap iron correct the law relating to bankruptcy, cables into the Navy. He had been given which has received your Lordships' approto understand, that there was not a single bation, and is now before the other House instance of a chain cable, such as were at of Parliament. It has been said by men present used, having failed, although some for whom I entertain the highest respect of them had been in use for upwards of --and by one, in particular, whom I have three years; he had therefore come to the every reason to value on account of his conclusion, from all the information he had professional and other acquirements—that been able to obtain on the subject, that the I was establishing for myself the enormous recommendation of the Navy Board was patronage of 26,0001. a-year. Now, my wise and proper, and that it ought to be Lords, it is from an utter ignorance of my followed,

disposition and nature, as well as from aş

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