22 NOVEMBER 1834, Page 4

LORD BROUGHAM'S LAST WEEK IN CHANCERY.

On Monday morning, the Court of Chancery, from the opening of the doors, was crowded to excess. Lord Brougham, a few minutes after ten o'clock, entered and took his seat on the bench. He then disposed of two or three motions, none of which were of any public interest. During this time, Sir Charles Wetherell entered the court, and took his customary seat. On concluding his remarks on the cases before him, Lord Brougham addressed that learned gentleman in nearly the fol- lowing words.

" Sir Charles Wetherell, as you are in court, I will take this opportunity of alluding to the very important case of the King versus Shore. in which you are engaged. Under existing circumstances. and in the present state of the Administration, I thiuk it also- lutely necessary that some arrangement should be agreed to as to that and saute other cases which have been heard before me. Let me, however, take this opportunity of stating thus publicly, and in the most positive terms I can use, my full determination to resipt office. I will give up the Great Seal. I repeat again—(here his Lordship spoke with much rehemence)—I repeat again. I WILL give up the Seals, and no earthly power can alter my. resolution. I mention this now, for the purpose of removing any doubt, if it he possible that a moment's doubt should have been entertained by any individual on the subject. I myself have no doubt—indeed, I am quite certain, that the Seals will pass from my hands, the instant what little remains of official business, or I might say of official ceremonies, are complied with. I have felt more amazement, astonishment, and indignation, than I can find words to express, at finding that any person or persons should have presumed to doubt that such was my fixed and unalterable determination. There is nopart ofmy publielifewhich affords any excuse or palliation to any individual whodareS slandermy reputation, by venturing to express a doubt or hesitate for one single moment in the course to pursue; and I once more repeat that I shall instantly give up the Great Seal. flowerer, I feel myself bound, in justice to the suitors in this court, to remai in office for a short period, to allow me an opportunity of doing to them what they has • most unquestionable right to expect. In the cases that have been heard, I am ems desirous of giving judgment ; and 1 neither can nor will perform so important a duty a hurried manner. If I should neglect to do this—if I leave any of their cases an finished—the consequence would of necessity be, that the parties would be put to th immense expense of having them reheard before my successor. I hope three or fou• days will be abundant time; but, as I have said before,. I cannot and will not hurr them; and it is possible that it may be Friday. or even Saturday, before I dispose 0 them all. Be it when it may, the moment that duty is performed, I give up the Gres Seal." " The case to which I have alluded, the Attorney-General versus Shore (Lady Bev ley's Charity) presses heavily ou my mind. I consider it a case of vast importance t the public; and, as I have, assisted by two of the Learned Judges of the Comm Law Courts, heard so much of the arguments, I must say that I should exceeding! regret leaving office without previously disposing of it. Independently of my owu fee ings on the subject. I consider it would be very unfair to my successor were I so to d as he could not avoid rehearing all the lengthened arguments to which I have paid the attention in my power. I therefore wish, if gentlemen at the bar are agreeable, t hear the conclusion of the arguments in that case ; and I would strenuously recto mend all the parties to enter into an agreement, which will be binding, to abide b my judgment after I have left this seat, whether the judgment be given with or sit' out reason." The Solicitor General—" I presume, my Lord, that should the parties agree to You Lordship's proposal, it will prove ;no bar to their privilege of appeal to the Ileum: Lords?" The Lord Chancellor—" Most certainly not. I wish, however, again to repeat, th I am most anxious they should take my judgment ; especially when it is recollee that if there should be a rehearing by my successor, the parties may very possibly deprived of the most able assistance of Sir E. Sugden." Sir C. Wetherell—.• I feel greatly obliged by your Lordship's suggestion. As however, as I am personally concerned, I beg to assure you that I shall be qua, well satisfied with your Lordship's judgment out of office, as I should If you cocain to hold the Seals," Sir Edward Sugden at this moment, entered the court ; upon which the Lord Chancellor again repeated his full, fixed, and unalterable de- termination to go out, and that before the expiration of the week-

-1 state it thus openly and emphatically, for the purpose of putting it stop to those &eel aud ridiculous repeats that have been so widely circulated. respecting my in- tentions of remaining in office. I have treated, and shall ever treat such idle maligs city, with the contempt it deserves."

The counsel engaged in the case of Lady Hewley's Charity then ex- pressed their willingness to accede to his Lordship's proposal; but as it was a matter of such vast importance, they were desirous previously wits final arrangement of having an opportunity of consulting their

clients.

During these proceedings, the bar was crowded to excess, and all the members were standing.

On Tuesday, after some business had been gone through,

Loral Brougham said, in reference to the case of the Attorney-General versus Shore, t!lat he had been endeavouring to make arrangements for the hearing ofthis case; but :be state of business in the tither courts was such, that he did not know whether he 01,1 have the assistance of the other Judges.

The S,ticitor•General said, he was requested by Sir C. Wetherell to say. that if the alinement proposed by his Lordship should be acceded to, he should take up very little time.

Sir E. Sugden said, he should have to reply. Ills Lordship knew that the parties fur 11,6m he appeared were represented by an agent in London, who had no authority to tad them. They had been written to, and until their answer arrived, he could not say

any upon the matter. In any eveut, however, he mutt have seine notice of the you which the hearing was to take place. if it shouhl be fixed, in order that he ni,:itt reply.

The ford Chancellor said, he was only anxious, iu justice to the parties, some of whom had applied to him very urgently, to save them all the expense and delay lie sold. Their case had been partly heard, and they were entitled to the best (-are the Cam could take that they should not have to incur the same. expense over a4ain. lie sm aware that the agent in Loudon could not bind himself or answer for his clients. it was also reasonable that notice should be given, and time for counsel to he prepared, in he bad requested fur that reason to have the answer of the Judges, whom lie should tee te-night, as early as possible. Excepting this case, he should out go further than the two next appeal cases in the paper.

The Court sat on Wednesday till an unusually late hour : it was crowded, as had been the case on the two previous days, but nothing of gereral interest occurred. On Thursday, application was made by Mr. Tierney, to make a mo- tion, as he understood that motions of a pressing nature might be

made.

Lord Brougham said that was not so— He did not think it was necessary for him to hear motions. Ills successor, whoever dat might be, would have little to do for some time to come, but in hearing motions. Ut the appeals set down fur heating before the vacation, there-were but two now re- maining untlisposedoE Ile intended to-morrow to give judgment in the cases he had lent, and which were not decided.

He subsequently said that he should quit the Court at two o'clock the next day, in consequence of a notice he had received : this arrange- ment " was not for his convenience, but for that of other parties," and he had not heard of the determination to that effect until late in the afternoon.

On Friday, accordingly, the Court was so much crowded that the counsel could not obtain room without great difficulty. Lord Brougham seemed at first to have rallied for the occasion ; he was not, as on former days, abstracted or restless in his demeanour. When, however, he had disposed of the business before the Court, and was about to deliver his farewell address, he became much affected ; and he Mired several times in getting through the following brief speech.

.1 have now disposed of all the cases that have been beard before me up to the hat; and it is with great satisfaction that I quit this Court without putting any one parts to the expense and delay of having his cause retried before ante her judge. I haw equal satisfaction in observing, that (besides a cause which stands over by con- test for Common Law Judges, and under the application of the party) there are only two cases which remain to be heard, which were set down before the last Mug vacation. "As I have no right to press the parties closer than this, it was my intention, if I hail remained here, to adjourn the Court on the last day of term early next week, until the lith of January, the last day of next term, as I was obliged to do in the month of hue last, for a like reason, the business being all disposed of. Thus 1 have the great seidltetion of reflocting, that this Court. represented by its enemies as the temple of &me!, delay, and expense, has been twice closed within the space of five mouths. Ad 1 aserit;e this singular felicity of the times to the tried ability and most iutlefat i- phie industry of my must learned and excellent coadjutors, the present Vice-Chan- cellor, and my lamented friend. the late Master of the Rolls ; and in part also to the lalsne and talent °nil,' liar. That the same good fortune will follow my successor. I nefittently expect ; for he, too, will have the aid of his Honour the Vice-Chnucellor ; Wile will have the further aid of the present Master of the Rolls, whose high nevem- pli,hments as a lawyer, and consumtnate fitness for the judicial ofEce, render his elera-ien at once of the greatest benefit to the public, and is my own Lest title to the gratitude of the profession."

It was evident that Lord Brougham intended saying more ; but he was affected even to tears, and cut his speech short. Ile was cheered as he passed through the passage leading from the Court, and by a crowd of admirers and partisans outside, as he got into his carriage and drove away. [Our Chancery report shows that the Lord Chancellor made a fare- well address to the Court yesterday, and particularly alluded to two matters—the little business which remained to be transacted there, and the excellence of the appointment of the late Solicitor-General to the Mastership of the Rolls, for which he took credit to himself. As to the first point, it is necessary to observe, that although the appeals are nearly cleared off at present, there is a great amount of business in urear in the Vice-Chancellor's Court, in consequence of the original business, viz. the motions and causes which used to be heard in the Court of the Lord Chancellor concurrently with that Court, having been of late driven almost wholly into the Court of the Vice-Chancel- lor. Petitions of bankruptcy, with which Lords Eldon and Lyndhurst had formerly to deal, were, of course, transferred elsewhere by the Act which separated the bankruptcy business from the jurisdiction of the Court of Chancery. It will be in the recollection of our readers, that Mr. Lynch brought on a motion last session relative to the amount of wears in the Vice-Chancellor's Court, arising out of the state of things which we have described. There were one hundred and twenty Members in the House when he began his statement ; but being mostly the obsequious supporters of Ministers, they moved off, or the greater lumber of them, one by one, until the number present being reduced below forty, some Mimsterialist conveniently " moved" that the House be counted ; and so the object which Mr. Lynch had in view, connected ft it was with Chancery Reform, was defeated.—Horning Herald.