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these Gentlemen. He regretted that the and it was not he, but the hon. Baronet hon. member for Preston, and other Gen- himself, that bad changed sides. What tlemen who sat near that hon. Member, sort of alliance did the hon. Baronet form availed themselves of every opportunity to when he, the advocate of short Parliaembarrass the business of the House, and ments and Universal Suffrage, became the to impede the progress of Reform. He supporter of Mr. Canning, and was seen thought the alliance which that hon. sticking his knees into that right hon. Member had formed was most unnatural; person's back, after his declaration that nor could he understand how that Gen- he would to the last hour of his life resist tleman reconciled his votes with his Reform in every shape ? He had been speeches. The hon. Member's conduct sent to the House to do his duty to his was very different from that of all the true constituents and to the country, and he friends of Reform throughout the country. would never allow it to be said that it was All those who were sincerely desirous of a sufficient Reform which gave the sufReform had determined to accept that frage to no more than one-seventh of the measure which gave the best chance of whole male population. Since the years being carried into effect; and when such 1806 and 1807, when the Whigs were in a measure was offered to them, they, with power, he had adhered to the creed which the greatest wisdom and prudence, con- the hon. Baronet had taught him. He curred in supporting it, and each of them had never been a Whig, nor professed to gave up his own favourite plan. It be a Whig; but, on the contrary, he had seemed io him to be most extraordi- always said, that, bad as were the Tories, nary, that any friend to Reform could they were still better than the Whigs. decline to support the only measure which Sir John Newport said, that if the had a good prospect of success, and hon. member for Preston's declaration should persist in calling for another mea- were to receive credence, it would appear sure which could have no chance of being that he alone spoke the sentiments of carried into effect. Ile thought the con- the people; and that he alone, of all duct of all the other Reformers was much the Members of that House, was their more sincere and judicions. They were real Representative; so that he stood in unanimous in favour of the Reform Bill, the situation of being an universal Memto a degree such as never had been ber-a position in which he did not feel witnessed before in this country upon any disposed to allow the hon. Member ot public question.

stand. He must remark, however, that Mr. Hunt said, the hon. Baronet bad he rose for the purpose of replying to an accused him of forming an unnatural assertion of an hon. Baronet (Sir R. alliance with Gentlemen on that(the Oppo- Vyvyan), who contended that Ireland had sition) side. Now, was it not the fact not contributed her fair proportion to the that he had always voted against them? burthens of the State. As to his inconsistency on the subject of that he could prove, by reference to an the Reform Bill, the hon. Baronet must authority of undeniable weight, that Ireknow very well that he expressed the land had not only paid her proportion, same opinion on that Bill on the first day but had paid a sum towards the public that he spoke about it as on the last day. burthens much exceeding her proportion He did not think it a sufficient measure, of the weight, and this fact would be found and he said the first day that the people in the Report of the Committee, at the would be dissatisfied with it. But still he head of which was Lord Bexley, which voted for it, as he would have done if it had been appointed in the year 1816, for did not go half so far; and he would have the purpose of inquiring into the subject voted for any measure that went to re- of Finance. move even a part of the abuses in the Sir Richard Vyvyan said, that he had Representation. The hon. Baronet could been misunderstood, for he had confined not fairly blame him for not supporting the his remarks to the statement of a simple Whigs, for it was the hon. Baronet who fact-namely, that in his opinion, Ireland taught him to distrust them, when the did not contribute so large a proportion to hon. Baronet used to talk of the Consti- the public burthens as to entitle ber to a tution being crucified between the two larger share of Representation than she thieves. It was from the hon. Baronet now possessed. that he had learned his political creed; Sir John Newport said, that he had

Now he must say, He


certainly not understood the hon. Baronet's just the same inconsistency, he had supobservation to be so confined as he had ported the Administration of the Duke of then explained it.

Wellington and Mr. Peel, by whom that Sir Richard Vyvyan assured the hon. great measure of civil and religious liberty Baronet, that he had been misunderstood, was successfully carried through. what he had repeated was the full sub- had always looked upon the system of stance of his former remark.

religious disabilities, which was then aboColonel Trench said, he must corrobo- lished, as the great stumbling block which rate the hon. Baronet in the denial he had it was necessary to remove before they given of the observations imputed to him. could ever be able to proceed to ParliaHe was prepared to admit, that the peo- mentary Reform. He would go further, ple had been carried away by the delu- and assure the hon. Member, that if the sions which had been practised on them Duke of Wellington and Mr. Peel had with regard to the Reform Bill; but they gone on in the way in which they had set were fast coming to their senses. He out, he would have continued to give them must also remark, that the Press was daily his support. If there were now any set of becoming more licentious and abusive with men in the country who thought that the respect to the Bill. He himself had seen Reform Bill did not go far enough, he a paper that day, at the head of which thought it would be a sufficient answer to was a gallows, and three Bishops sus- them to say, that no more extensive meapended from it, the contents of which sure could be carried into effect, although pointed out to the people that they ought no measure less efficient would be offered. thus to take vengeance on that body

for It seemed rather inconsistent of hon. Genhaving contributed to throw out the Bill. tlemen opposite, in the same breath to He did not mean to say that Government blame his Majesty's Ministers for exciting ought to take any measures with respect the people, and to assert that the people to these publications : but he did really were not excited. But the fact was, they think that they had of late given an indi- represented the excitement of the people rect and tacit encouragement and sanction to be great or small, not as it really was, to such attacks from the Press.

but just as it answered their own purposes. Mr. Dominick Browne, in moving that when the hon. and gallant Member oppothe petition be printed, said, he must site (Colonel Trench) said, that the people object very strongly to the sentiments ex- were now coming to their senses, of course pressed by the hon. Baronet (Sir Richard he attributed their restoration to reason to Vyvyan) on the subject of the contribu- the wise and temperate appeals that bad tion of Ireland towards the demands of been made to them, and to the conciliating the State. He wholly denied the cor- language that had been employed by the rectness of the assumption of the hon. hon. Gentleman's friends around him. Baronet.

But the excitement which prevailed, was Sir Francis Burdett looked upon the only the excitement of anxious hope, that two factions of Whig and Tory to be now his Majesty's Ministers would adopt every nearly extinct in everything but the name, measure which could assist them to carry and he believed that the Reform Bill the Bill. But if it were supposed by the would put an end to them altogether. It country that Ministers would shrink from was true that he supported Mr. Canning, employing all the means in their power, when that right hon. Gentleman, in con- they would lose all the regard and consequence of his intentions in favour of fidence, which, fortunately for the peace religious liberty, was deserted by his of the country, they now possessed. He party, who pulled the best feather from thought that hon. Gentlemen were mistheir own wing when they drove Mr. Can- taken, if they supposed that there was any ning from their side, and they ever after- diminution of the feeling of the people wards made but a bad flight--something upon the subject of the Reform Bill. On between a hawk and a buzzard. But the the contrary, their anxiety was wrought to hon. member for Preston who now attacked the highest pitch, and the worst consehim (Sir Francis Burdett) must be well quences would follow if anything were aware, that he supported Mr. Canning for done to destroy their hopes, or to delay the purpose of enabling that Minister to the realisation of them too long. It cercarry the great measure of Catholic Eman- tainly could not be denied, that the Memcipation. On the same grounds, and with bers of that House required some relaxa


tion from their Parliamentary labours, MITTEE-Fourth Day.) The House which had been for so many months un- went into a Committee upon the Bankusually severe, and had nearly worn them ruptcy Court Bill. out. But the period of relaxation should On the Clause being read which embe made as short as possible, to put an powered a single Commissioner to refer a end to the doubt and uncertainty which cause or appeal to a Court of Review or. paralysed all business from one end of the to a Court of Division, country to another, and which, if pro- Mr. Warburton objected to the Clause; tracted, would produce the most dis- he considered it placed too much authority astrous consequences.

in the hands of a single Commissioner. Colonel Sibthorp contended, that the The Attorney-General said, that upon eagerness of the people for Reform had consideration, some means might be reconsiderably abated; and he was surprised sorted to for the purpose of meeting the to hear the hon. Baronet make the con- difficulty. He was perfectly ready to trary assertion. He had received several adopt any that might be suggested. He letters from various parts of the country, would, however, make this observation, which fully bore him out in declaring, that the Commissioner might entertain that many persons began to alter their reasonable and well-founded doubts, and opinions as they came to understand the ought, therefore, to be at liberty to adjourn

the case, for the consideration of his Mr. Hunt said, he had not opposed the brother Commissioners. Bill, but he objected to it because it did Sir Charles Wetherell said, that this not go far enough. As to the hon. power of referring or refusing to decide, Baronet, the member for Westminster, and so postponing indefinitely, was the the question he put to him was, did the great evil to be complained of in the old hon. Baronet not continue to support Mr. system, and the new Bill only perpetuated Canning after that Minister had declared that abuse. his hostility to all Reform. He believed The Attorney-General said, the power the hon. Baronet could not deny that he did not amount to compelling an appeal; had so done. As to the present Ministry, it merely left him the power of postponing he had no scruple in saying, that, in his a case till be could have the benefit of the opinion, they had brought in the late Bill assistance of his brother Commissioners. because they could not keep their places Mr. Warburton said, that was the very without introducing some such measure. matter he complained of. The CommisThe Duke of Wellington only gave way sioners had the power of sending cases to circumstances, and had he continued in into a Court in which attornies could not office, he must have seen the necessity of plead, and counsel must be employed ; conceding on the question of Reform. thereby the expenses would be materially The more he thought of the late measure, increased. Points of law might arise rethe more fully was he convinced it would lating to small estates as well as large not have satisfied the country. He trusted ones; and if one of these was brought that the hon. Baronet, after the incon- before the Court of Review, one day's sistencies in his own conduct, would no proceedings might swallow the whole more be guilty of the folly of charging / assets. When a case was brought before him with having joined the Tories. a Commissioner, he should be qualified

Mr. Dominick Browne begged to ask the to decide it. A quick decision and indihon. Baronet, the member for Oakhampton, vidual responsibility, were the chief things if he had meant to say, that if Ireland was required. to return Members in proportion to her The Attorney-General was surprised to population, that the colonies had an equal hear the hon. Gentleman make a remark claim to the same right.

which was, in effect, contending, that quesSir Richard Vyvyan, in answer to the tions of law and equity ought to be decided hon. member for Mayo, wished to remark, in proportion to the value of the property that all he bad said was, that if popula- | in litigation. According to the present tion only was the test of representation, system, it was usual for a Commissioner any part of the empire might be taken. to postpone a case until he could obtain Petition to be printed.

the assistance of his fellows; but really

this Bill did make a provision to meet the BANKRUPTCY Court Bill - Com- Icircumstance complained of, as there were VOL. VIII. {Said

2 F

two jurisdictions to be established, either Mr. Paget said, that under the Bill, the more or less expensive; and the Commis- official assignees might control the others sioner would, of course, refer the question in the matter of appeals. This, he thought, at issue to that Court which was best was giving them too much power. adapted to settle the question according The Attorney-General would agree to to the funds of the estate.

diminish that power, if, upon consideraClause agreed to.

tion, it appeared expedient. On the Clause giving to the majority Sir Charles Wetherell said, there could of Assignees the power to authorise an be no doubt but that the Commissioners appeal,

would have more power than any other Sir Charles Wetherell said, this was a Judges of the land, except the Lord Channew and novel mode of limiting the juris- cellor. He would say no more of that diction of the Court of Appeal. He part of the clause which had been postobjected to it, on the ground that it would poned, but he must again declare, that, in alter some of the most important principles his opinion, these Commissioners ought of equity-practice. As the law at present not to have the power to direct issues to stood, the Chancellor had the power to be decided by a Jury when they thought refuse an appeal in a matter of fact, on his proper, as he believed it would operate as own discretion, but he was not compelled a premium for them to send all cases to a to do so; but by this clause, the judges Jury, instead of taking the responsibility appointed by it, were finally to decide upon of deciding them themselves. all matters of fact without appeal. This The Attorney-General said, there were was giving them too great a power. only two cases where the Commissioners

Mr. Warburton differed wholly from the had the power to send cases to an issue; hon. and learned Gentleman. He approved these were by the assent of both parties, of the plan, that the judges of the Court or by deciding when called upon by one of Appeal should decide finally. There of the parties for an opinion, to say was one point, however, he wished to have whether the case was fit to go to an issue. altered, and that was, that when a case of the Commissioner decided at once and was remitted for a further trial, on the was wrong, he would certainly hear of it plea that evidence had been wrongfully from his brethren the next day, or if he rejected or received, it ought to be sent was in the habit of remitting cases for the to another set of Commissioners, and not opinion of Juries which were of trifling to those who had previously decided the consequence or easy of decision, the same case.

measure would also be dealt out to him; The Attorney-General said, his hon, and so that they had pretty good security learned friend the member for Borough- against the Commissioners falling into bridge was in error, when he said the either extreme. decision of the Court of Review was to be Mr. Hunt heard quite enough to confinal, for from their decision an appeal vince him that the Bill would not work might be had to a Jury.

well, and when the public found that out, Mr. Freshfield had been told by the they might also learn that it was discussed hon. Gentleman who supported the Bill, in a House of about thirty Members. that there was to be a two-fold appeal, Mr. Warburton said, the effect of these but here there was only one, for there was appeals, would be endless expense and to be no appeal from the inferences drawn delay. It was provided, that if one of the upon matters of fact by the Commissioners, ' parties and the Commissioner agreed, there which was giving them a power superior was ground for an issue. There must be to the Judges of any other Court, against one, unless the other parties appealed whose judgment a bill of exceptions could against it to the Court of Review, which be tendered.

must lead to expense and litigation. The Solicitor-General said, an appeal Mr. John Campbell said, a Court withcould be made from the Commissioners' out an appeal from its decisions, was an judgment on a point of law, but a Jury anomaly in our system of law. Too many would find as to the facts. If a case was not appeals on the other hand were bad. referred to a Jury, that in itself would be a Looking at the clause as a whole, with sufficient proof that the parties themselves these views, he thought it would answer agreed as to the facts, and were satisfied: the purpose for which it was intended, with the decision of the Commissioners. and would work well.

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Clause agreed to.

an unfair proceeding, if assignees were to On a Clause relating to the new trial of be called upon to give up all the effects issues being moved,

now in their possession to the official Sir Charles Wetherell said, he wished assignee, they certainly ought to have the to have an appeal to the Lord Chancellor benefit of the reduced charges. by this clause.

Mr. Wilkes said, it certainly appeared Mr. Warburton disliked the whole an absurd proceeding, to give these official system of these appeals; the suitor would assignees an ex post facto control over the have more than enough of these shuttle-existing Commissions. cock proceedings, in being sent from Jury Mr. Freshfield said, the object of the to Judge, and back again, without the clause could be obtained, by directing the help of the Lord Chancellor to play out existing assignees to pay the assets of the

estate into the Bank. Mr. Paget had no doubt appeals might The Attorney-General said, the object be sport to the lawyers, but they were of the appointment of official assignees death to the suitors. He had been once was, to insure that responsible persons concerned in a case of bankruptcy which should have the control of the assets; if got into Chancery, where it stuck fast there were to be any exceptions to this twenty years; he therefore wished to keep authority, the powers of the Bill would be his shuttlecock out of Chancery at any much cramped in its operations. rate.

Mr. Payet said, it should be left to the Clause agreed to.

creditors under every estate to determine On the question that the assignees may whether they would have an official appoint the bankrupt to superintend the assignee or not. management of the estate,

Mr. Daniel W. Harvey said, that this Mr. Paget said, he understood that in appointment was proposed with a view to every case the assignees were to have the give the creditors security for the due power of managing the assets.

payment of the funds received under the The Solicitor-General said, the clause commission. As things now stood, Comwas introduced, because it was thought missions were often made the means of that in certain cases, the bankrupt might jobbing among some of the leading parties exercise this power under the authority of concerned. To obviate these jobs was the the assignees and with their consent, much object of this clause. to the advantage of the estate.

The Attorney-General said he proposed Agreed to.

to introduce some words to prevent this On the question that the Bankruptcy clause from affecting such suits as were Court appoint official assignees to bank- now in existence; and with that view, he ruptcies now existing, and removed into would beg to move, that these words be the Court, stand part of the Bill,

inserted at the end of the clause. " WithMr. Warburton wished to know whether out prejudice to any action or suit comin those cases in which official assignees menced, or contract entered into, prior to were to be appointed, together with the passing of this Act. assignees acting under existing Commis- Amendment adopted, and clause agreed sions, they would be entitled to a per to. centage? It had also been stated, that the On the Arbitration Clause being put, parties interested, under existing Com- Mr. Warburton said, that one of the missions, would not be entitled to partake duties which this proposed tribunal should of the benefit of the fees to be reduced. consider, as that for which it was princiIf they were not to have the benefit of the pally appointed, was to mediate as far as smaller charges, they certainly ought to possible, between the parties. It often be allowed to retain their own assignees. happened, that the matter in dispute, was

The Solicitor-General said, the official not with the expense to which persons in assignees would have nothing to do with their exasperation against each other, were the management of such bankrupts'estate, disposed to go. Hitherto no attempts they were merely to get in the assets. had been made to prevent this; on the

Mr. Warburton begged to ask, how it contrary, the principle had always been was, that the assignees now conducting “We have nothing to do with mediation, Commissions, were not to have the benefit litigation is our work." He wished it now of the reduced rate of charges ? This was therefore to be a part of the law, that an

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