MOTION ON THE CHANCELLOR’S JURISDICTION IN BANKRUPTCY.
On the 22nd of May, Mr. Michael Angelo Taylor again brought the subject of delays in the court of chancery before the commons. The delays, he said, which disgraced that court, and the arrears of business under which it was sinking, were the consequences of the system of the court itself. An additional judge had in a former year been appointed, and yet the arrear of business had not been extinguished. To adopt the language of Mr. Shadwell, not three angels could discharge the duties of the office of lord-chancellor, constituted as that office now was. He proposed, therefore, to withdraw all matters of bankruptcy from the great seal: matters which had not originally been subject to that jurisdiction, but had been made so by parliament, and which were of themselves sufficient to occupy the attention of any single judge. He moved, therefore, “that this house do resolve itself into a committee of the whole house to consider of the statute of the 13th year of Elizabeth, and of certain subsequent statutes, which gave to the lord-chancellor of England jurisdiction in matters of bankruptcy.” This motion was opposed by the attorney-general, Mr. Brougham, and Dr. Lushington, the former of whom vindicated the present system at great length. It was an unsound principle, he said, to make places fit to particular men. On the contrary, they ought to seek men fit to particular places; and it would be easy to show that, with three efficient judges, such as they had now got, there was not the least necessity of subtracting from the court of chancery any part of the jurisdiction which it at present possessed. He argued that there were more cases in the court of chancery than could be considered during the year, and that with the present judges in the court of chancery all those in arrear would be speedily dismissed. Mr. D. W. Harvey supported the motion, and entered into an exposition of the mischiefs of the bankrupt-law as at present administered by the commissioners, whom he described as being in general, either young men possessing capacity without experience, or briefless old men possessing experience without capacity, and to whom the appointment was an act of charity. Above all he complained of the inconsistency of those who now pretended that all the evils would be removed by the mere change of men, while the system must remain unchanged. All the splendid denunciations, he said, which had thrilled through every bosom in that house and in the country, were to be considered only as party tactics, were to be looked upon as the result of disappointed ambition. Professional advancement being obtained, those who had been most loud in their attacks upon the late Lord-chancellor Eldon, had now become the warmest eulogists of his merits. The house was now told, that, if in the vehemence of debate, anything had been said which was calculated to injure his character, it ought to be considered as nothing, as the mere accidental effusion of party spirit. It fell to the lot of Mr. Brougham to defend certain members from this charge of political delinquency, which he did with his usual tact, It had been said, he remarked, that a wondrous change was now visible in various members of parliament; that they were all opposed to the alterations in the court of chancery which they had formerly advocated; and that now being in office they had no objection to the arrangements of that court, though out of office they had poured forth against them torrents of fiery indignation. It was assumed, also, for the purpose of an unfair attack, that he himself, and those who thought with him, had changed their opinions on the subject. Now on what measure of government, on what chapter of policy, on what officer of state, on what judge of the land, had his opinions or principles changed? It had been said by those who contended that Lord Eldon was not to blame for the arrears in the court, that no man could get through the business. But if the business of the court had increased, the means of disposing it had likewise increased by the establishment of the vice-chancellor’s court. But instead of having an efficient chancellor, vice-chancellor, and master of the rolls, there had always been either an unfit vice-chancellor, or an unfit master of the rolls, which left the court in the same situation as before the vice-chancellor’s bill passed. But it was different now: they had as efficient a master of the rolls as could be required; and of the vice-chancellor he would say, that he had been one of the most experienced practitioners in the court of chancery. The new lord chancellor, also, was a person of great legal talents, and of an independent mind. From all this, he had a confident expectation that the business of the court would be despatched in proper time. On a division the motion was lost by a majority of one hundred and thirty-four against thirty-seven.