16 MAY 1829, Page 1

NEWS OF THE WEEK.

'THE three principal subjects agitated in Parliament since our last number, are Chancery Reform, India, and Mr. O'Connell. The first occupied the House of Lordi on Monday ; the second and third were before the Commons on Thursday and Friday. The LORD CHANCELLOR introduced the details of the proposed re- forms in Chancery,ly a clear and masterly analysis of the nature of the 'duties of the Court, and the defects in its constitution, which ren- klered its proceedings so tardy and unsatisfactory. To remedy these defects, something had been done by the Commissioners appointed in 1825. They suggested certain propositions for accelerating a suit ; these were turned into orders by the judges ; and a suit in equity is now forwarded as rapidly as may be consistent with justice. The principal evil is the delay which occurs after a cause is set down for hearing ; a delay which is often spread over years, either from the contentious spirit of the parties, or from the obstacles which the forms of the court interpose. This, however, is inherent in the very constitu- tion of the Court of Chancery; and has been the burden of complaint during all Chancellorships, from the days of Sir Thomas More and Lord Bacon to those of Lord Lyndhurst. The present bill addresses itself to the correction of this master grievance. It is proposed, 1. To separate the Equity jurisdiction from the Common Law juris- diction of the Court of Exchequer, and to attach the business of the Equity side to a new Judge, to be appointed in the Court of Chancery. The business done in the Court of Exchequer is perfectly insignificant. Some sixty Equity _cases are disposed of in a year,—not more than one- seventh of the business done in the Rolls Court; and not more than -five cases at Comm-.n Law are decided, for hundreds in the Court of King's Bench. While the new Judge will dispose of the Equity busi- ness of the Court of Exchequer, he will at the same time be able ma- terially to assist the Lord Chancellor and Vice-Chancellor, particularly in the hearing of motions ; he will also greatly advance the law busi- ness before the Privy Council, and keep downthe arrear of appeals there.

2. The Master of the Rolls to sit like the other Judges, in place of llie twelve nominal, but only six effective hours, which he gives to Chancery business at present 3. Means are to be taken to compel the attendance of counsel in courts where their presence is required, so as to save the time lost in waiting for their passing from court to court. Lord Lyndhurst did not say by what means this desirable end was to be attained. Such are the reforms which are immediately to be carried into effect. Lord Lyndhurst alluded to the often-urged proposition of de- taching the Bankrupt business from Chancery ; but such a change (he alleged) was objectionable in point of principle, and would be less effective.

In the course of his speech, Lord Lyndhurst just once alluded to Lord Eldon.

" It is impossible, in mentionino.b that noble and learned lord, notwith- standing the political differences of opinion which have prevailed between us—it is impossible that I should mention him without adding that no per- son is more sensible than I am of the great merit of the noble and learned lord, and that my admiration is increased from day to day for his great eru- dition and attainments. In the profession it is generally said that no man ever doubted his decrees, but the noble and learned lord himself. I am sure that nobody ever sat on the liench of the Court of Chancery who was more completely master of the subject of his jurisdiction than the noble lord evinced himself to be, during the period when he held the office of Lord High Chancellor. Whatever may have been the opinions expressed as to the causes of the delays in the Court of Chancery, 1, after having availed myself of the opportunities which I have had of thoroughly viewing the matter in all its bearings, I am bound to say that I do not ascribe the delays to him." Lord Etnorr rejoined—

"As to what had passed this evening, he had nothing more to say, than that the person with whom the noble and learned lord represented himself as having some political difference, was one who, however ready to be angry, was not unwilling to be reconciled when much more than justice was done him." (Cheers.)

His lordship wished them to consider the provisions of the bill. He

admitted that it had become necessary to apply a remedy to the exist- ing evils ; but he assented to the second reading of the bill without prejudicing any opinion which he might afterwards think fit to give. Lord REDESDALE was surprised that the Court did SO much as it did, considering the intricacy of its proceedings.

Mr. WHITMORE introduced the India question in the form of a mo- tion " for a select committee to inquire into the trade between Great Britain, India, and China." The state of our domestic trade, and our dependence for the raw material of our cotton manufactures, pressed upon us to find new marts. India could be made an almost illimitable market for our manufactures ; and her soil could produce all we re- quired, were the trade free. This would be proved by a comparison of the exports at two periods.

" In 1795, the official value of the exports to India was 2,500,0001.; from 1796 to 1811, it averaged 2,300,0001.; from 1802 to 1807, 2,100,000/. ; from 1808 to 1812, 1,000,0001.; from 1814 (the returns for 1813 were burned in the Custom-house) the period when the private trade commenced, to 1819, `,,100,000/.; from 1820 to 1825, 4,000,0001. ; and from 1825 to 1827, 5,800,0001.'.

The value of cotton exported since the trade was opened, showed the importance of India as a market. India supplied us with indigo, silk, cotton, and sugar ; and if these were inferior in quality to the same articles imported from other places, it was because the capa- bilities of the soil were neglected, and the people were unskilful in rearing them. This inferiority of the produce would be speedily remedied under British management and by British settlers. The moral condition of the natives would be improved by the same means. Mr. Whitmore next adverted to the necessity of opening the trade with China, both as regarded the price of tea in our market, and the additional demand which would be created for our manufactures. The tea trade was one of the worst features of the existing monopoly.

" In 1814 the quantity imported was 26,000,000 lbs. In 1828 there was put up to auction in the warehouses of the East India Company 31,000,000 lbs., which sold for 4,220,8741. This quantity, if the trade were opened, would not fetch more than 1,446,0001, making a difference to the consumer of nearly 3,000,0001."

If our trade to China were opened, and placed under proper regula- tions, our exports would amount to many millions annually, in place of 700,000 / . the present amount.

The CHANCELLOR of the EXCHEQUER admitted the vast import- ance of the question ; but he opposed the present motion, simply be- cause it was too late in the session to begin the inquiry effectually. Government would next session propose an inquiry of the most ample kind.

Mr. Husxissox was satisfied that the Committee would be more effectual when it emanated from Government ; but if the Committee on India were delayed, the inquiry into the China trade could be begun, lest other nations should supplant us in that region, before we were ready to act. He hinted, that, with the concurrence of the Company, they might soon and without difficulty enter upon a better system.

Mr. HUME went at large into the subject, and urged that not a day, in place of a year, should be lost before the Committee was appointed.

Mr. V. FITZGERALD repeated, that Government wished the fullest investigation.

Mr. ASTELL, Chairman of the India Directors, also wished inquiry, which would redound to the Company's honour. Sir CHARLES FORBES and other gentlemen having spoken—most of whom were satisfied with what Ministers proposed, the motion was withdrawn.

The expectation that Mr. O'Connell would claim his seat last night, attracted an attendance of three or four hundred members at the early hour when the Speaker took the chair. After prayers, the Speaker excited some mirth by going through the form of counting to ascer- tain if forty members were present. The SPEAKER—" The member to be sworn will be pleased to come to the table and take the oaths."

Mr. O'Connell then advanced within the bar, and walked up to the table between Viscount Duncannon and Lord Ebrington. The Clerk presented to Mr. O'Connell the rolls containing the oaths. A con- versation took place between the Clerk and Mr. O'Connell, who made frequent reference to the oaths. The Clerk then went up to the Speaker, and stated to him the communication which had been made by Mr. O'Connell.

The SPEAKER, after a short pause, stated to the House, that Mr. O'Connell proposed only to take the oaths contained in the Catholic Relief Act ; whereas, the Speaker submitted, the member was subject to the old law, which was in force at the time of his election. In his view of the matter, therefore, Mr. O'Connell must withdraw.

Mr. O'Connell bowed, and retired under the gallery.

Mr. BROUGHAM thought that Mr. O'Connell should be allowed to assign his reasons for taking certain oaths and refusing others. There were precedents for this course': the case of Sir Henry Monson and Viscount Fanshawe in 1689, and the case of Mr. Archdale, which occurred some years later, were in point—those individuals were allowed to address the House from the table. Mr. Brougham, in compliance

with repeated cries of " Move," _then moved " that the honourable member for Clare be recalled and heard at the table

Mr. PEEL was decidedly of opinion that Mr. O'Connell had no right to be heard at the table ; for no,person who had not taken the prelimi- nary oaths could act as a member of Parliament, and be heard in the House. He however thought, that the House would best consult its dignity if they postponed the question till Monday, in order that they might better inform themselves on the point. Mr. W. WYNN observed that Mr. O'Connell had a right to he heard, if he petitioned for it ; and he thought it a matter of very little consequence whether he was heard at the table or at the bar.

Mr. SUGDEN referred to the 5th of Elizabeth, to show that Mr. O'Connell had no right to be heard, inasmuch as lie had not taken the oaths in the Lord Steward's office. Mr. BannonAm put this argu- ment down, by observing that there was nothinh before them to show what had been done in that office. Mr. SUGDEN explained, that Mr. O'Connell had avowed, in a pamphlet addressed to the members, that he would not take these oaths. Ma BitouoiaAat rejoined, that they could not act on conjectures drawn from a pamphlet : that resolution might have been departed from. - Sir FRANCIS BURDETT was understood to concur in the propriety of adjourning.

Mr. TIERNEY contended that Mr. O'Connell ought to he heard im- mediately; for delay, while it would be a hardship upon him, would be little creditable to themselves.

" At present there appears no difficulty, and the House is at least bound to make out its case and its justification for not being able to decide such a question without a postponement and time for study and contemplation. We are to adjourn under these circumstances : A member comes to us duly elected, and tenders himself to sit amongst us : the House in its wisdom declares, we do not know what to do or what to say ;—come to us on Mon- day, or Tuesday, and then perhaps we shall know what to say—at least the Ministry will know what to do, and that is the same thing."

The conversation continued some little time longer ; and it was agreed that the debate should be adjourned till Monday—then to take precedence of other business.

The proposed measure for disfranchising- East Retford has been withdrawn once more. It was Mr. Peel's opinion that it could not pass this session. Mr. N. CALVERT therefore assented to the delay, to save a useless war of words.

The new experiment in funding has again been condemned, as a waste of the public money. Indeed i1Ir. MABERLY showed that the financial measures for the year had occasioned a loss of half a million to the country. Lord ALTrIORP and Mr. P. THomsoN thought that the Chancellor might have made a better bargain in the present case. Mr. GOULBURN and Mr. Hamitias both anticipate good results from their measure. Mr. HUSK issoN thought the measure had been conducted upon principle, but at a loss: it would have been better that the unfunded debt should have been reduced by direct liquidation. Mr. WARD seemed to deplore the loss of the sinking-fund. A bill to give legal effect to the transaction is ordered.

Mr. PEna's Justice of Peace Bill—to encourage the holding of Petty Sessions, and to raise the amount of income which could qualify for the magistracy—has been withdrawn, in order that he may render it more perfect, by availing himself of many valuable suggestions he had received on the subject.

The second reading of Lord WHARNCLIFFE'S Bill for legalizing the sale of Game has been carried in the House of Lords by 79 to 69. Mr. SLANEY faiied in a motion for a Committee to inquire into the restrictions on the manufacture of malt and Leer. l3efore the sub- stance of barley can be sold as beer, taxes to the amount of eight millions and a half are exiacted. This has led to a tl.,e-:ca-wd consump- tion of beer, and an increased consumption of spirits. Within these seven years, the consumption of spirits has increased from twelve to twenty-four millions of gallons. The CHANCELLOR of the Exona- goalie in ti e present state of the country, could not, however willing, spare any part of the malt-duty. air. MoiacK oliservial, that the duty on tea was IOU per cent,w[iile that on lieer was -200 per vent. Mr. W. Surru complained that the country wits deluged Ivlih spit its.

A tax of smaller moment is that on farnahorses Lei in bring-

ing, produce to market ; !licit Mr. Was-rmix reiwaicd ; but

he also withdrew his motion, as the Chancellor of the Exchequer means next session to revise all I he assessed tax acts.

Ahain, Mr. Moon proposad to have the duty on sugar reduced from 27.s.. to 17s. or 19s.; but the short answer was that the Treasury .could not spare the money.

Some items of expenditure came under review, when the Land Revenue Bill was in Committee. For Buckingham Palace 432,900/. more than has already been spent on this fabric (making the whole amount about soo,(ThoL) was proposed to be voted. The vote was somewhat ungraciously received ; though Mr. WAR]) proposed that the sum should he raised to half a million, if a pledge were given that no more would be required for finishing or faillishing, it. The CHAN- CELLOR of the Exc EQU Eft declined to give any pledge till he saw the estimates. They have been laid on the table. The bad taste and insalubrious site of this expensive Imikling were also condemned. No satisfactory explanation was given as to some promised improve- ments in St. James's Park.

The Commissioners of Woods and Forests also want 300,000/. more to finish hue Strand improvements. They mean to raise the mo- ney by mortgaging Crown lands. The manner in which these works had been conducted was denounced IT Colonel Davis as another in- stance of the " profligacy" of the Government.

Mr. Mona is to persevere in attempting to get a fixed duty on corn Substituted for the -present fluctuating scale, —contrary tO the advice

of Mr. FITZGERALD and others, who told him his chance of success was hopeleSs. To please the home wool-growers, the Duke of RICHMOND is to undertake to raise the duty on wool without injuring the manufacturer.