interest in land," says Mr Campbell, "the occupier may be tenant at will -tenant for a year-tenant for his own life-tenant in tail, or tenant in fee. The nature of his tenure can only be ascertained by reference to titledeeds or other writings, and these must be procured and consulted before a purchase can be made. But then a difficulty immediately presents itself-how do you know that the writings which the vender produces are all the writings which can be presented to shew that the title to the estate is good? He may suppress or conceal some; while, on the other hand, documents may exist which he would be willing to produce, but which he is entirely ignorant of." Every one at all conversant with such matters, knows that this statement is true, and it will be for those who oppose a general registry, to shew in what other manner this doubtfulness in so serious a matter as the conveyance of landed property is to be done away with. In England it is no uncommon thing for the agent of a purchaser of property to be furnished with a mass of parchments in support of an abstract of title, which if spread out, would almost carpet the whole estate, meadow and pasture, toft and croft, park and paddock-a mass which no human patience can ever carefully examine; and after all, there is no certainty that some others may not exist, which render all those no better than so much waste paper. How much more safe, expeditious, and satisfactory would it not be, to have an authentic abstract from a registry-office, where you would be certain that all valid deeds respecting the property must be entered, and where its various transfers would be briefly set forth, while for particular investigations copies at length of the conveyances could be had. The talk about 66 exposure" is mere affectation. If a inan be honest and not a fool, he will not care about his transfer of landed property being entered in a public office; if he be not honest, so much the better that he should have a registry-office to thwart and perplex his plans.

Leave was given to bring in the

bill.

Sir Edward Sugden then brought

VOL. XXIX, NO. CLXXVII.

forward his motion respecting improvements in the administration of justice in the Court of Chancery. It is a great pity that his statement was so prolix, and so devoid of force and spirit, for few persons, except those particularly interested, will have courage to attempt reading the speech, and yet it would be well that the country at large knew the abuses of the present system in the Chancery Court, and cried out as one man for their reformation. There seems to be no clearness, no certainty, no provision for dispatch in any one stage of the proceedings of a cause, while the profits of counsel, solicitors, masters, clerks, and others that we have neither memory, time, nor space, to enumerate, are in direct proportion to the delay of justice which takes place. But so shamefully loose is the system, that even when all the delays are overcome, and a decree obtained, the controversy may possibly have to begin afresh, to find out what the decree was, and the unfortunate suitor be as far from an actual decision as ever. Let it be remembered that the following statement is from no ranting Oppositionist, who talks at random about what he does not accurately know, but has been given in the House of Commons by the ablest Chancery lawyer in the kingdom, and the one most constantly employed. Sir Edward Sugden says," the pressure of business is such, that after every decision, no one can distinctly say what it is, and one barrister having one, and another another, the registrar is not able to draw it up. Then come hearings and re-hearings in the registrar's office, before a person incompetent to decide the matter, to settle what the decree of the court was; and after an enormous expense for attendances, not to mention the loss of two or three months' time perhaps, the parties again come to the court-when judge, barristers, and every one have forgotten every thing about the cause-to have decided what the court decided three months before."

"That," continued the lawyer, "is not the way that justice should be administered in a free country." Why, no, truly! it requires but little profundity of knowledge to arrive

Y

at that conclusion. Not the way that justice should be administered! How wretchedly tame is this manner of speaking! It is most abominably wrong, and so incredibly stupid and absurd withal, that, unless with such grave authority as that under which we have received it, we should have found it impossible to believe that a thing so monstrous could occur in the English Court of Chancery. Sir Edward announced his determination, however, to be so fixed for the removal of this evil, that if it were not taken up by the government, he would himself bring forward a measure for its remedy. In the present instance, he contented himself with a statement of his view of the evils existing in the Chancery administration generally, and made no motion with a view to their remedy, leaving that in the hands of the government. Mr Hume, it appears, has invented a term to designate these speeches, which lead to nothing specific-he calls them "splash;" and poor Sir Edward was astounded in the midst of his grave speech, by hearing Mr Hume announce, in a tone loud enough to be distinctly heard, "This is mere splash." The honourable member for Middlesex subsequently explained, that he was merely talking aside at the time, and did not intend to address the House at large, or to offend the learned ex-Solicitor-General.

Sir Edward Sugden, who is a bold little man in professional matters, and not a little confident in his reputation as a lawyer, thought proper to inform the House, in the course of his speech, that the present Chancellor was "entirely uninformed on the law of equity, which he was called upon to administer," and in any case, nothing was more likely than that he should decide wrong. This, from the greatest practitioner in the Court, concerning the judge before whom he must daily plead the causes of his clients; this, stated in the House of Commons, respecting the principal judge in the kingdom, is sufficient to fill the public with disgust against a system which makes such a gross anomaly possible. The selection of a judge, on the ground of political ability merely, is, after all, just as absurd as it would be to choose a man for political of

fice, on account of his legal knowledge. What would be thought of Mr Justice Littledale, as a Secretary of State for Foreign Affairs?

On the 17th, the House of Lords discussed the subject of the Scotch representation, and the desire existing in Scotland for a reform therein. Lord King, a worthy champion for any thing having a dash of absurd extravagance, mingled with its radical principles, presented what purported to be the Reform petition of the county of Renfrew. The reception of the petition was opposed by the Earl of Haddington, on account of the violence of the expressions it contained; and his Lordship's speech, after Lord King had consented to withdraw the petition, was one of that description which always makes us honour the House of Lords-deliberate and manly, well considered and well expressed; with the moderation that belongs to truth, and the dignity that belongs to high station. The Marquis of Bute, too, spoke with a zeal and spirit worthy of the country which takes "Nemo me impune lacesset" for its motto. "Epithets," said the noble Lord, "have been applied to the people of Scotland, which will justify the observations which I am about to make. These expressions have not only been used by a noble English Peer (King), but they also fell from a noble Viscount, connected with Scotland, (Duncan.) They stated that the people of Scotland are oppressed and degraded; but I tell these noble lords, as well as the rest of your Lordships, that if the people of Scotland considered themselves oppressed and degraded, they would not tamely submit without addressing your Lordships in a very different manner; they would make their complaints heard throughout the empire. I will assert that the people of Scotland are well satisfied with the conduct of their representatives, or we should before now have heard of their dissatisfaction. It is quite a new thing to hear that Scotland is not well represented in the United Parliament. I defy any man in the House to say, that out of the fortyfive Scotch Members, there is any one man who is corruptly returned. I do not hesitate to affirm, that at least forty-four out of the forty-five mem

bers returned for Scotland, are directly connected with the place which they represent-this cannot be alleged of the English Members. I say the people are well satisfied with their representation, and do not desire a change."

This is something like what a speech should be-it stirs a man's blood, and relieves one from the dull insipidity which is the ordinary in fliction of speeches.

In the House of Commons, Mr Wilson Patton drew the attention of the House to the duties on printed cottons. It appears that two millions a-year are levied for this tax, of which, at least three-fourths are paid back in the shape of drawbacks, and no more than from four to five hundred thousand pounds reaches the Exchequer. The tax, moreover, presses very unequally, as the dearest and the cheapest printed cottons pay the same duty per yard. A tax, in every respect so objectionable, cannot long continue to exist in its present form.

Lord Nugent postponed his "Labouring Poor Bill," until after the holydays. He attempted an apologetic explanation of the postpone ment; but he need not have given himself the trouble. Every one knows how necessary postponement is at present to the health of any measure, to which a member of the government stands godfather.

A conversation arose on the presentation of some petitions by Mr Curteis, as to the benefit of supporting the labouring poor by small grants of land, to be cultivated by spade labour, when Sir John Sebright, member for Hertfordshire, maintained the extraordinary doctrine, that a free gift of ground, be yond the quantity necessary for a kitchen-garden, would be not a boon, but a disadvantage, to the labourers. What dogma is there so strange that will not find some supporters in the British House of Commons? There were some men there who supported M'Culloch's insanity about absentees. The enlightened and liberal Alderman Waithman said, there was scarcely a position in political economy that experience did not contradictEt tu Brute! The worthy alderman said, that, on the 15th of February, he would lay on the table "a string

of resolutions," to exhibit the cause of all our misfortunes. There are less sensible fellows in the world than Alderman Waithman; but he had better take care of Hunt. Two stars cannot shine at once in the same firmament.

On the 20th, in the Lords, Lord Stanhope poured forth upon the Lord Chancellor the wrath which had been swelling in his bosom since the 10th, when Lord Brougham thought fit to be sarcastically witty at his lordship's expense. Lord Stanhope's severity was bitter and contemptuous enough; it produced no reply.

The Lord Chancellor announced his intention of looking particularly to the care of the numerous lunatics of whom he is the official guardian; and spoke of the appointment of a small medical board, as a kind of cabinet council, to advise the Lord Chancellor respecting these unhappy persons. We hope there is no job in this. There are many "doctors" about the London University, who would be happy to accept the assurances of the Lord Chancellor's distinguished consideration, conveyed in the form of a snug little appointment of this sort.

In the Commons, Mr Robinson presented a petition complaining of the proceedings at the late Liverpool election; upon which Mr Ewart, the member returned at that election, said, that he came in for the representation of Liverpool by the support of the most respectable middle classes of society, and with the most cordial and enthusiastic demonstrations of popular approbation. "Even this circumstance,' " he continued, "however gratifying and delightful it is to my feelings, is nothing when compared with my own deep consciousness of rectitude ;-with that mens conscia recti, within my breast, to which extraneous circumstances can add little or nothing." All this is modest; and very pleasant, after the notorious and prodigious bri bery, at that seat of cotton and the muses, which lieth by the western main, a few weeks ago. How hard it is to come at truth!

Sir George Clerk took advantage of Mr Ellice's motion for the third reading of the Consolidation Fund Bill, to put a question to the Vice

to

President of the Board of Trade, respecting the reduction of the duty on foreign barilla by an order from the Treasury. Mr Poulett Thomson, in his peculiarly disagreeable style, avowed this repeal of a tax, without the consent of Parliament, and coolly stated, that he would be ready to justify the conduct of the government when he brought in the bill, which is intended to give legislative sanction to what the executive is now doing out of its mere absolute will, and in defiance of an unrepealed act of Parliament. Barilla is one of the articles on which, some years ago, a heavy importation duty existed, for the protection of our domestic manufacture of kelp, which, on the coast of Scotland, and, we believe, on the western shore of Ireland also, gave profitable employment to a vast number of poor people. Since the prevalence of the enlightened and liberal" doctrines of free trade, the supporters of which are for the most part persons of understanding too sublime trouble themselves about what concerns the welfare of the poor, this protecting duty has been gradually diminished, first from L.11 to eight guineas, and then to five guineas. The late government, whose knowledge upon matters of trade was equal to their knowledge on most other subjects, and who had a strange alacrity in sinking into the worst errors of the worst political quacks, had an intention of submitting to Parliament a measure for the further reduction of the duty; but Mr Poulett Thomson, who, on a three days' notice of the willingness of Lord Grey to give him a place, contrived to separate himself from a mercantile concern, the principal branch of which was domiciled in Saint Petersburg, and who therefore cannot be supposed now to have any interest in the advance on Russian tallow, which the order in council has caused, was determined to be impeded by no such old-fashioned delays as an application to Parliament, to undo what Parliament had done, but advised an instant reduction of the duty to L.2, and the Custom-house officers received directions to admit it at that duty-the importer giving bond to pay the difference between L.g and L.5, 5s. in

the event of Parliament not sanctioning the measure. Now, any thing more audacious than this, while Parliament was actually sitting, and in a matter in which no urgent necessity existed, we can hardly suppose possible. No doubt, a government might attempt to impose a tax, as well as to take one off, without the consent of Parlia ment, but as this is probably a stretch beyond the reach of even Mr Poulett Thomson's liberal off-hand way of managing affairs, we may set down this act of arbitrary authority as about the extremity of executive assurance, and, for the first month of office, it is pretty well. What is to become of the home manufacture of kelp, the Vice-President of the Board of Trade did not condescend to explain, and probably the awkwardness of having to answer such a question may have been one of the reasons for doing the thing first, and coming to ask leave afterwards-doubtless it will be permitted to enjoy the same glorious martyrdom to the principles of free trade that has already fallen upon British lead, and wool, and tallow, and gloves. How happy it is to live in times when philosophy guides the principles of government!

The delivery of sundry speeches on the state of Ireland, and the recent dismissals and appointments there, and a continuation of the debate on the administration of justice in the Court of Chancery, which we have already noticed, occupied the rest of the evening of the 20th.

On the 21st, Lord Wynford introduced to the House of Lords a bill for better enabling creditors to avail themselves of the property of their debtors. The present system of the law is to afford a remedy chiefly against the person of the debtor, and the chance of payment for the creditor mainly depends upon it being the desire of the debtor, rather to pay the debt than suffer the penalty awarded by the law against his person. It frequently happens, however, that the debtor, either by escaping beyond the jurisdiction of the courts of law, or by submitting to that fiction of imprisonment, called "living within the rules of the King's Bench, may continue to enjoy his landed or funded property in England, to live sumptuously, and laugh at his creditor, upon the proceeds of whose cre

dulity he may perhaps be enjoying himself. Lord Wynford's bill, therefore, is" to prevent debtors from defrauding their creditors by lying in prison, or absconding from England," and this he proposes to accomplish by certain alterations in the law respecting outlawries, and by giving power to the judges to appoint receivers of the rents of debtors during their lives, for the payment of their debts. In these days, when it is so usual for people to run a brief career of criminal extravagance, and then to run off to the continent, and live well upon their means, while their creditors at home are left unpaid, a measure of the kind that Lord Wynford proposes, if it can be brought into "working order," must be of very important benefit.

In the House of Commons, Mr Hume presented the petition agreed to at the Middlesex County Reform Meeting. The principal matters contained in the petition, the honourable member described to be, the necessity of economy and retrenchment, the mal-administration of the poorlaws, and the misapplication of the rates the odious system of tithe collection-the necessity of parliamentary reform, and of extending the right of voting for representatives to every individual paying rates and taxes, and finally the petitioners ask for the establishment of vote by ballot, without which no reform can be productive of substantial or permanent benefit to the country.

Mr

Hume stated that he was convinced that no government could exist under the present state of the country, unless it followed the advice urged in this petition. This is not the place to enter into so large a discussion as that of the topics of the Middlesex petition, but we may observe, that Mr Hume's declaration is tantamount to his saying that no government can exist without a revolution. Some very good speeches were made in the course of the debate on the petition-that of Mr Atwood was the best which has been delivered against the new government since its formation. There are few men now in the House of Commons who can compete with this gentleman in practical knowledge, or in the power of sound and vigorous reasoning on the most

important questions of domestic policy which come under discussion.

The evening's business was concluded by a long discussion on the subject of a petition from Essex, respecting tithes, presented by the eternal Mr Joseph Hume. At the close of some observations by Sir Robert Inglis, he was so injudicious as to notice the obstreperous cheering of the talking member for Clare, who" spake upon that hint," until, becoming rather unendurable, he was stopped by Mr Courtenay's motion for counting the House. The Hibernian was in a towering passion at the interruption, though he was himself the person who seconded a motion of the same description the evening before, when Sir Charles Wetherell was speaking-the difference between his motion and Mr Courtenay's lay in this, that the latter was not marked by rudeness of speech.

A great deal of business was crowded into the evening of the 23d in the House of Commons. Our limits

will not permit us to allude to more than two of the topics, which we shall think it convenient to take in a different order from that which they held in the House of Commons' discussion. First, then, we have to notice Mr Guest's motion for a copy of the warrant, or other document, granting a pension of L.1200 per annum to Mrs Hariette Arbuthnot. A question of this nature, which inevitably connects the names and circumstances of private individuals with a financial document, which, when brought before the public as it has been, the public has an undoubted right to sift and examine, is one which cannot be approached without some feelings of delicate reluctance, and yet it is one, which, from the interest it excites, and which it ought to excite, cannot be passed by without a remark.

The return of the pensions charged on the civil list is, taking it for all in all, a document which we scarcely think the Ministry were justified in permitting to be printed for the general information of the public. It was granted as a bait for pularity, which has failed of its effect, and it exhibited a disrespect to wards the privacy generally under

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