DEBATES ON ALLEGED ABUSES IN CHANCERY.
A commission of inquiry had been appointed last session to inquire into the abuses which were said to exist in the court of chancery. The report of this commission had not yet been made, but nevertheless the subject was again mooted in the commons. Two discussions on it took place in the present parliament. The first of these was introduced on the 31st of May, by Mr. J. Williams, on the occasion of presenting some petitions complaining of particular proceedings in chancery. The speech which Mr. Williams made was an attack not merely upon the court of chancery, but upon the whole law of England. He particularly animadverted upon the law of real property, upon which, notwithstanding, he declared himself ignorant; and the most important part of his speech went to prove, that courts of common law should cease to be so, and that the equitable and legal jurisdiction should be confounded. The subject was brought under discussion again on the 7th of June, by Sir Francis Burdett, who moved that the evidence taken by the commission instituted to investigate the practice of the court of chancery be printed. Mr. Peel opposed this motion, because to print such evidence, without any accompanying report, was contrary to the practice of the house; and that if it were printed, the session was too far advanced to take the subject into consideration. These attacks were chiefly made against Lord Eldon; and in the course of the discussion, Sir W. Ridley made a remark to which his own party, from whom those attacks came, would have done well to attend. “He wished,” he said, “as much as any man to see the system altered, but he must object to the mode in which an individual was attacked night after night. He was persuaded such attacks did no good; for Lord Eldon stood very high in the estimation of the people of England.” Mr. Brougham, however, did not profit by this advice; for he broke forth into an uncalled-for and indelicate attack upon Lord Gifford, who had been distinguished by the patronage of the chancellor, and was then deputy-speaker of the house of lords. The motion was rejected by a majority of one hundred and fifty-four against seventy-three. A remarkable circumstance in all the debates which took place on the court of chancery was, that none of its assailants ventured beyond general declaration. No part of the system in which the alleged evil lay was specified, and no remedy was propounded. All that these discussions could lead to, therefore, was to render the court of chancery the subject of popular odium, and to lower the general administration of justice in the public estimation.
REGULATION OF THE SALARIES OF THE JUDGES.
During this, session the chancellor of the exchequer brought forward a measure for augmenting the salaries of the judges, and at the same time for prohibiting the sale of those ministerial offices which the chiefs of the respective courts had been allowed so to dispose of. It was proposed at first to allow the puisne judges £6,000 a year; but the scheme ultimately adopted was to give £10,000 a year to the chief-justice of the king’s bench; £7,000 to the chief-baron of the court of exchequer; £8,000 to the chief-justice of the court of common pleas, and £5,500 to each of the puisne justices of the courts of king’s bench, common pleas, and the exchequer. This arrangement met with considerable opposition, some of the members as Messrs. Hume, Denman, and Hobhouse, arguing that the dignity of a judge did not depend upon money, and that the cheapest mode of doing the judicial business of the country was the best. On the contrary, Mr. Scarlett argued that the arrangement was improper because it diminished the emoluments of the lord chief-justice of England; and he moved an amendment, which was lost, that the sum of £12,000; should be given to him. Mr. Brougham, in a different spirit, proposed that £500 a-year should be taken from the salary of the puisne judges, but that alteration was also rejected.
REJECTION OF THE UNITARIAN MARRIAGE ACT, ETC.
The Unitarian marriage act was this year again rejected, although supported in the lords by the Archbishop of Canterbury, the Bishop of Lichfield, and Lord Liverpool. The same fate was awarded Mr. Serjeant Onslow’s bill for the repeal of the usury laws, though Mr. C. Wynne stated that not only himself, but the chancellor of the exchequer, and most of the cabinet ministers, were favourable to their abolition. Ministers had left the house when the subject was discussed, anticipating that the division on the bill would not take place till a late hour, and that their presence was not necessary for its success. While they were absent the bill was rejected by a majority of forty-five against forty. This decision was owing partly to the arguments of the solicitor-general against the measure. Borrowers, he said, might be divided into three classes: mercantile borrowers, landed borrowers, and persons who might be considered general borrowers; they not belonging to either of the above classes. Mercantile borrowers, he continued, generally obtained a loan to profit by it. They did not borrow from necessity, but to trade; and if they could make ten or twelve per cent, on the borrowed money, there was no reason why they should not pay the lender seven or eight per cent. But was there, he asked, any landed proprietor so ignorant, as not to see, that, if the monied man could lend to the trade, at a higher rate than five per cent., he would not lend to him at that sum. It was one advantage to the lender, that he could recall his capital at pleasure, or get it back at a short notice. Now when a man lent capital to a trader, he was generally enabled to command the use of it when he pleased; but if he lent his money on land he could not do this: there was all the trouble and inconvenience of a mortgage; he could not recall it for two or three years; and therefore in proportion as he could not command the use of his capital when he lent it to the landowner, he would make him pay a higher rate of interest for it than the trader. He believed he was not wrong when he stated that eight out of every ten estates in the kingdom were loaded with debt. Now under what circumstances did the country gentlemen borrow money? Was it to employ it at some seasonable crisis, when by prudence and dexterity he might obtain vast profit? No. The benefits which he could receive as its produce were fixed: he never could obtain from a borrowed sum beyond a determined amount. Could any one say, therefore, that the repeal of the usury laws would be beneficial to the latter class? But if the terms of borrowing were so unfavourable to the landed class, what expectation could the general borrower entertain of being able to obtain a loan under any other than oppressive terms? These persons generally stood in need of only small sums; their necessities were pressing, and therefore they were exposed to the most grinding demands. They could have no choice but to submit to the terms imposed upon them, be they never so oppressive.