ruptcy business was of a legal nature, and belonged more to a court of law than to an equity court. In this he was fortified by the opinion of some of the best lawyers of the country. He understood it had lately been said by the noble lord, in deciding a bankruptcy petition, that if the bankruptcy business was to be transferred, it must be transferred to some competent judge. But the same talents which qualified a person to decide in any other court, would fit him to sit in a court for the decision of bankruptcy cases; and with respect to the remuneration to such a judge, it was to be recollected, that there was a sinecure place connected with bankruptcy cases-the office of patentee of bankrupts, which was worth from 5,000l. to 6,000l. a-year. Why should that be given to an inefficient man? That should go into the pocket of the person who did the actual business. The bankruptcy business at the present moment was supposed to bring 5,000l. a-year into the pocket of the lord chancellor. Then there was 1,700l. received annually by the secretary of bankrupts. He would take the amount received by the patentee at from 6,000l. to 7,000l. a-year. It was fit that the man entrusted with the great seal should be largely and liberally remunerated; but he ought not to be recompensed for business that he had not power to perform. If this question was carried against him this evening, the question should not rest here. He would try it in every possible way. He wished ministers themselves would take the subject up. Many cases had been before the court of chancery for six, seven, eight, or ten years, without a decision. Causes were two years in hand before they were set down in the chancellor's paper. Suppose, in the first instance, that a case was brought before the vice chancellor, it was two years before it could come on for a hearing; an appeal might then be lodged with the chancellor; with him it remained for two years more; if an appeal from him was carried to the House of Lords, two or three years more were spent; so that it was six years before it was finally decided. He had known a case in chancery, concerning the beneficial interest of two women in a lease which had twelve years to run. It was there thirteen years before it was decided, and both the claimants were then dead. The question then was, of what part of his business the lord chancellor should be relieved? It was known that the bank ruptcy business was entirely distinet; that it was originally a part of the business of the great seal. Where, then, would be the harm of now separating it from it? Many professional men could be found competent to decide in matter of bankruptcy; and if the noble lord who now held the seals were the person in the country the most fit to decide those questions, yet the country might be at any time deprived of his services. Another expedient might be resorted to, which would not only give the lord chancellor more time to attend to the peculiar business, but would im. prove the judicial system of the country. As the judicial business of the House of Lords was at present managed, there were many suitors in this country to an im❤ mense amount, who had, in fact, no appeal from the primary court. There was an appeal from the chancery of Ireland; there was an appeal from the court of session of Scotland; but from the chancery of England there was, in fact, no appeal, but from the chancellor in chancery to the chancellor in the House of Lords. The constant advice, therefore, of all gentlemen at the bar to suitors was, not to appeal to the House of Lords, as it was only an useless addition of expense to expense. It was of course a mockery for the judge who was appealed from to decide on the appeal. The increase of property of chancery suitors was such as almost to exceed belief. In 1752, the whole amount of money lodged in the Bank of England, belonging to such parties, was scarcely 3,000,000l.; in the present year it amounted to nearly 34,000,000l. But this was not all the business of the court; it was to be remembered that onethird of all the estates in England, onethird of our entire landed property, was decided in a court from which there was no substantial appeal; that to the House of Lords was in fact none. He could take upon himself to assert, that there was now in the Bank a sum of not less than 10,000,000, which, from the procrastinated duration of suits, should have been either the property of persons deceased, who had no representatives; or of persons now living, but ignorant, from the books not being open to them, of their claims altogether, or if they knew themselves to possess such claims, ignorant in what manner or names the property was vested. It was his object hereafter to move for the production of those books, in order that people might ascertain and vindicato their rights. The hon. member then adverted to the opinions expressed by the late sir Samuel Romilly, that the only way to relieve the chancellor from the daily accumulation of the arrears he had alluded to, would be to separate the jurisdiction of bankrupts from the great seal; of the right hon. the president of the board of control (Mr. Canning), at the time the vice chancellor's bill was discussed, that it should only be a measure of experiment; and of the vice chancellor himself, which was in opposition to its expediency. He contended, that the object of that enactment had not been nor could be attained. The difficulties and embarrassments of the chancellor, as regarded the increase of cases in arrear, had been sensibly increased. The hon. gentleman proceeded to pass a high eulogium upon the talents, perspicuity, and wisdom of the lord chancellor, and to acknowledge the clearness, precision, and integrity of his judgments. But whilst he admitted the great learning and ability of the lord chancellor, and bowed to his superior qualifications for discharging the duties of his office, he felt it due to the interests of the suitors in courts of equity and the court of final appeal, that those duties should not be rendered too numerous and weighty for any talents or any industry to perform. He concluded, therefore, by moving, "That this House will resolve itself into a committee of the whole House, to take into their consideration so much of the statute of 13 Eliz., c. 7, as gives jurisdiction in matters of bankruptcy to the lord high chancellor or lord keeper of the Great Seal of England." Mr. Sinclair said, that he rose to second the motion, not only because he believed that it would be productive of great public benefit, but also because he felt convinced that it might, indirectly, prove essentially useful to Scotland in particular, by enabling the lord chancellor to devote a larger portion of his time and attention, to the consideration and decision of appeals from the court of session. The delay, which now occurred, in respect to these appeals, was considered, from one end of Scotland to the other, as a most serious national grievance-it is the source of great loss to individuals, of distress and embarrassment to private families, and of serious mischief and inconvenience to the community at large. Not only do many sessions pass over, before these cases are heard, but, even when the pleadings have taken place, whole years are suffered to intervene, without any decision; so that many cases must be nearly forgotten, before they are determined. He did not mean to cast the slightest imputation upon the noble lord on the woolsack, whose unsullied integrity and unequalled legal knowledge could not be too highly pane. gyrised; but he had more business to go through than the human powers are equal to; and, unless he were endowed with a supernatural ubiquity, and could not only sit in several courts at once, but have a separate mind for treasuring up and considering the proceedings which took place in each, he could not possibly do justice either to the country or to himself; he should therefore give the motion his cor. dial support. The Solicitor General observed, that the object which the hon. and learned member evidently had in view, was the foundation of another jurisdiction for cases of bankruptcy. His argument was, that the late institution of a vice chancellor's court, had, instead of diminishing, added to the arrear of business in chancery. It was not, however, a correct statement of the fact, to represent that arrear as having increased. The contrary was the case; but if otherwise, his objection to a new and separate jurisdiction for bankruptcy would not be removed. Before he referred to that subject, he should show, that the vice chancellor's court had been productive of the most important assistance and relief to suitors in equity, and had materially facilitated the hearing of appeals in the House of Lords. So far was it from the fact to state, that causes were entered two or three years before they were heard, that those now remaining to be heard had been all set down in the last term. With regard to cases of bankruptcy, no less than 570 had been set down during the last year, of which only 170 remained to be heard, and 100 of these had been entered since Hilary term. The other 70 were cases for rehearing. The arrear therefore was less than had ever before been known; and had it not been for the lord chancellor's late illness, there would not now have been a single bankrupt petition remaining to be heard. As to the number of causes, there were 206 set down for hearing before the lord chancellor, of which 140 were not set down till last Hilary term, and of these, many consisted of appeals. Undoubtedly, the number of appeals was increased, as must always happen by the establishment of an inferior jurisdiction. But it was equally clear, that suitors had great reason to be satisfied with the facility which had been given to the hearing of original causes. The institution of the vice chancellor's court had also enabled the lord chancellor to sit three days a week in the House of Lords to hear appeals and writs of error. Judgment would very soon be given in several important cases, one of which had occupied a greater share of attention than any suit of late years. He was surprised to hear it stated, that questions of bankruptcy were not in their nature questions for an equitable jurisdiction. Courts of law often decided questions of fact in the course of a bankruptcy case, but the general merits fell peculiarly within the province of courts of equity; nor did he believe any man, whatever might be his learning and ability, qualified to decide them, unless conversant both with the principles and practice of those courts. But the pressure of business in the court of chancery did not arise from this cause; and the separation of the bankruptcy jurisdiction would therefore afford but little relief. If 300 petitions were to be now filed, they would probably be all disposed of within a fortnight after the long vacation. No ground had been furnished for the interference of the House upon this subject. The statement he had made, appeared to him a sufficient answer to the argument of his hon. and learned friend. He should wish likewise to observe on this occasion, that the establishment of the jury court in Scotland would tend greatly to lessen the number of appeals from that part of the united kingdom; many of those appeals having turned upon mere points of fact, and there being one now before the lord chancellor, in which the only question was, whether a hogshead of whiskey had or had not been delivered in a certain year. He should not follow the hon. member into his reasoning in support of a farther division of the present functions of the lord chancellor, because it had no refer ence to the immediate subject of consideration. Neither was it necessary for him to express his sentiments concerning the characters of the judges in chancery. It would be agreed, however, even by those who objected to the delays of that court, that it never was presided in by a judge with greater ability, in whom the country had greater confidence, or whose judg ments would be held in greater reverence by posterity. Mr. M. A. Taylor shortly replied, and contended that the true causes of that delay which was a subject of universal complaint, could not be fairly understood, except by the examination of professional persons before a committee of that house. The appeals now pending in the House of Lords amounted to 141, and would probably not be determined for three years to come. Many cases had been now 18 months waiting for judgment; and if any accident, which he should regret as much as any man, were to happen to the noble and learned lord, these cases must be reheard at an enormous expense to the parties. Hence, the Buccleugh, the Roxburgh, and the Queensberry cases, in each of which, not less perhaps than 5 or 6,000l. in costs had been already incurred, must be re-heard. This was an evil, against which it was the duty of the legislature, as much as possible, to provide; and that could be done most effectually by accelerating the decision of appeals, and this could not take place without reducing the quantity of business assigned at present to the lord chancellor. That reduction being the object of his motion, he hoped the House would accede to the appointment of a committee, in which he pledged himself to prove the correctness of the statements he had made.-The House divided: Ayes, 49; Noes, 151. List of the Minority. Althorp, visct. Lemon, sir Wm. COAL DUTIES.] Mr. Holme Sumner that no attempt had since been made to rose, pursuant to notice, to ask for leave shake it off. In the reigns of George 1st, to bring in a bill to repeal certain acts and of the present king, several per imposing a duty on Sea-borne coals. This centages were laid on, amounting to act was one bearing peculiarly and par- 1s. 4d. together per chaldron, besides tially on the metropolis and neighbour- war duties imposed during the late war, hood, and formed just grounds for com- amounting to 3s. 2d.: but these latter plaint. He was aware if antiquity could were withdrawn in 1814, still leaving be considered as a just ground for taxa- | 9s. 4d. to be paid by the counties of Midtion, then this might be well defended. dlesex and Surrey, and 6s. for 14 other The taxes had been laid on upon some counties, the former paying 7s. 2d. duty, extraordinary emergency for a temporary and the latter 1s. 1d. per annum for each purpose, but had been continued after human being; the population of each such necessity had long ceased to exist. gross amount of the duty being regarded. He observed, that the first tax appeared It would also appear, that four counties to have been levied in the reign of Richard paid only two farthings each, and 21 2nd, when two ships and two barges were other counties paid nothing; a fact only fitted out to protect the northern coast to be accounted for, because they were from pirates, and for which coals, among mining counties, possessing, beside, the other things were subjected to a duty of advantages of inland navigation. A pro6d. per chaldron. In 1627 the next ad portion of these aggregate taxes was apdition was laid on coals. The towns of plicable to the Orphan's fund. It was not Newcastle and Sunderland offered to pay his object to affect by the present meaanother 6d. if Charles 1st would assist sure any amount of the duties applied to them, by protecting their trade. The this fund. The bill would be confined to king very readily agreed to that, and ap- the reduction of the duties on coal and pointed a special commission to fit out six culm, forming part of the public revenue. ships, not having had money with which The propriety of lessening to the conhe could equip a few of his own men of sumer a tax levied on a raw article so war. In 1670, a duty was levied of 2s. essentially necessary to manufactures of more, in addition to the 1s. for rebuilding almost every description, could not be London; and this was only to have lasted for a moment a matter of doubt in so for twenty years; but the fact has since commercial a country as England; nor proved how little reliance was to be placed would it be likely the proposition would upon the royal promise. In 1677, Charles want support where the manufacturing 2nd granted a charter to his son, the interest was so ably and competently reduke of Richmond, for ever, of 1s. on presented as in that House. The expethe Newcastle chaldron, amounting to diency of establishing a bounty on coals about two of those used as the measure imported into the port of London, had, of the present time; but in 1696 (in the with the view of lessening the price, been reign of William 3rd) the parliament took long since submitted to the public, and off the 3s. duty altogether. In 1698 (9th Mr. Adam Smith, whose opinion was in and 10th William 3rd) after the treaty of itself a tower of strength, had said, that Ryswick, the expenses of the war having of all duties imposed on the necessaries of amounted to between two and three mil- life, the duty on coals was, with the exlions, parliament agreed to take five years ception of a tax on bread, the very worst to pay it off, and for which many taxes that could possibly be levied. The oriwere then levied; among others, a tax of ginal cost of the coal was calculated at 5s. per chaldron was laid upon all coals 13s. a chaldron; its cost of conveyance carried coastwise for five years only. But or freight was generally about 12s. or 14s. almost immediately after, upon the ac- The price of the conveyance, metage, cession of queen Anne, it was made per- shooting, carriage, and merchant's profits, petual, and exists to the present day. In raised the cost of the article enormously 1710, the 3s. tax, formerly repealed, was to the manufacturer and consumer, whilst revived for the purpose of building 50 coals were supplied at the first cost price new churches, out of which number 10 to the manufacturer and consumer in the only had been built; but still the tax con- country. Admitting for a moment, as it tinues for the port of London only. Such had been urged with some plausibility, a dreadful increase of taxation would that it was unadvisable to encourage the never have since continued, if it were not increase of the number of manufactures in the metropolis and its immediate neighbourhood, still the interest of the manufacturers in the counties adjoining London were not to be sacrificed to any such vague hypothesis. By the existing duties, a population of four millions and a half paid annually 865,000l.; four additional counties paid 20,000l.; and the remaining counties paid nothing in the shape of coal duties: so that a poor labouring man in the neighbourhood of London paid from 200l. to 300l. per cent more for his fuel, than a poor labouring man in the country. He regretted that the persons who first introduced this subject to the House should have shown so little knowledge of the materials of which that House was composed, as to imagine it would consent to any thing like an equalization of duties on coals generally. The manufacturing districts were sure to oppose it, and petitions, it was well known, had flocked in from all parties likely to be affected. They had represented it as a tax about to be levied on one part of the country, with a view to relieve another part from an existing tax. The present motion merely went to the abolition of the tax. It would be unfair not to admit (if the admission would do the petitioners any service) that the people of London were not completely ruined, though they were dreadfully cramped and injured by the existence of these duties. The petitioners of Birmingham had stated, that misery and discontent would be the result of any equalisation of these duties, as they would no longer be enabled to carry on their manufactures. The petitions of other manufacturing districts had stated the prospect they each entertained of immediate distress and ruin. But would it be fair to argue, that because the levying a trifling tax on coals in these districts would ruin the manufacturer, the manufacturers of London should not be relieved by the repeal of acts levying enormous duties on the same article? Nor would it be thought worthy of serious refutation that the metropolis was said to be likely, by the facilities thus given to manufactures, to be constantly enveloped in a still darker cloud and denser atmosphere of smoke. The existence of such an atmosphere was undoubtedly a subject of general regret; but was it not likely in this improving age, that by the application of philosophical principles, as in the case of count Rumford, this evil would be surmounted, and the smoke itself applied to some useful purposes? The object of his bill was to effect the repeal of so much of the duties as formed a source of revenue generally, without affecting the amount or security of that fund commonly called the Orphans' fund. He particularly wished to remind the House that the persons in whose behalf he was principally interested, the inhabitants of the county of Surrey, were those who, during the late arduous and protracted war, were the firmest and most liberal in contributing to its support, and trusted the House would not recompense their fortitude and zeal during a period of unprecedented danger, by sacrificing them to the interests of others during a period of profound peace. He then moved, "That leave be given to bring in a bill to repeal the several acts now in force, for imposing duties on coal and culm sea-borne and carried coastways, together with so much of the act 39 Geo. 3, c. 84, as makes the duty purchased of the duke of Richmond, under the authority of that act payable to his majesty, as other duties on coals." Lord Ebrington seconded the motion, He said that the hon. mover had gone so ably and at such length into the general question of the impolicy of the duties on coals, that he should confine his observations to its effects on that part of the country with which he was connected. The duties on coals in Devon and Cornwall last year amounted to near 60,000l. and this impost was paid at twelve ports. The consumption of coal in Devonshire was confined to a small part of it comparatively; it was chiefly among the higher classes, and that part of the population residing near the sea ports. This was a consequence of the high price of that article; the same cause operated to depress the manufactories, and prevent their establishment. It was not, perhaps, generally known, that a great portion of the clay now used for the making of the finer sort of china in the Staffordshire potteries, was the produce of the county of Devon, and neither spirit nor industry was wanting in that county to turn it to account. A china manufactory was set up some time since at Plymouth. But the difficulty of procuring coals caused it to be abandoned; another manufactory of coarser ware was undertaken afterwards, and also on the same account nearly given up. All who were acquainted with the west of England knew, that the best ma |