§ The Marquis of Londonderry moved the reading of the Standing Order, No. 3, of their Lordships' House, respecting the attendance of the Lord Chancellor on the Woolsack, and his duty to that House in case of absence.
§ The Order read by the Clerk.
The Marquis of Londonderrysaid, that as the noble and learned Lord now absent from the Woolsack had, on every possible occasion, resorted to the Orders of their Lordships' House, for the purpose of levelling them at other noble Lords, and particularly at him, he begged to give notice, that he would to-morrow desire to know the cause of the noble and learned Lord's absence from his duty in that House—a line of conduct which went to compromise their Lordships' dignity, and to overturn the course of their proceedings. The noble and learned Lord was acting so much on principles of Reform, that he was about to reform or revolutionize their Lordships' privileges.
§ The Duke of Richmond rose to order. He would submit it to the noble Earl, whether it would not be at least decorous to advance nothing further on the subject until the noble and learned Lord were present to answer for himself.
The Marquis of Londonderrysaid, he considered it his duty to give notice to their Lordships of the violated order, that it might be either adhered to or changed.
The Marquis of Lansdownbegged to know, whether the noble Earl (Earl Vane) had any reasons for his Motion, and whether it applied to the noble and learned Lord's conduct elsewhere. He wished also to learn whether the noble Earl 591 meant to shape his inquiry as a motion or a question.
The Marquis of Londonderrysaid, that he had given notice of a question for tomorrow, to ascertain the reason why the noble and learned Lord was absent from his duty in that House. On bringing his question formally forward, he should then be guided by circumstances.
Lord Plunkettthought, that the appeal to the Standing Order of the House was calculated to throw an imputation on his noble and learned friend, which, in his opinion, the terms of that Order did not warrant. According to it, the noble and learned Lord's absence was not authorized, unless his place were filled by a person appointed by a Commission from the Crown. Now, such a person had been so appointed. The noble Earl had stated, that he would require an explanation, and he (Lord Plunkett) had no doubt but that his noble and learned friend would be prepared to answer for himself. For his own part, he thought the investigation quite uncalled for. It was notorious, that the absences of the Lord Chancellor had been unusually multiplied from his unremitting attention to the most arduous and responsible duties—duties intimately connected with the public good. There had been a great arrear of business in his Lordship's Court, to which he had found it necessary to devote his whole time and attention. By dint of extraordinary talent and indefatigable exertion, this arrear had been disposed of, and business expedited in a manner gratifying to the suitors in Chancery, and most salutary for the country. Thus much he had felt it incumbent upon him to observe on behalf of his noble and learned friend.
The Marquis of Londonderrywas of opinion, that if the predecessors of the noble and learned Lord had deemed themselves justified in being absent from that House, they might have done the same things which had been attributed to the noble and learned Lord. But they felt that the Standing Order bound them to do their duty to that House in the first place. He thought the present Lord Chancellor had no more merit than his predecessors, who did their duty in that House, and did not absent themselves in so slighting a manner.
§ The Earl of Eldonsaid, that according to an experience of twenty-five years, and upon information derived from other Chan- 592 cellors, as Lords Thurlow and Loughborough, the Standing Order was made, not to decide what was the duty of the Lord Chancellor, but in what case that House should put a person on the Woolsack. If the Lord Chancellor was absent, and no person appointed, then it was their duty to place some one in his stead. His Lordship was bound to be present there unless circumstances rendered it impossible (and he understood the Lord Chancellor was absent from indisposition). Under these circumstances, he was to signify the fact to the person appointed to preside in his stead by Letters Patent. He (Lord Eldon) could state, without fear of confutation, that three High Chancellors had never been absent without an explanation of the cause. No Chancellor ever dared to leave the Woolsack without permission of that House. He found, from their Lordships' Journals, that a Chancellor, in assigning a reason for his absence, had stated, that he was sent for by his Majesty, but the House voted that this was no sufficient reason, and that it was his paramount duty to be in attendance there. It was not because bankruptcy business was excellently disposed of below, and he did not doubt that such was the case, that this attendance could be dispensed with. A most important question affecting the lay property of the country had been before them that day, and unless he considered himself a greater Chancellor than Shaftesbury, he could not be content that this question should be set at rest in the absence of the officer in whom that House reposed its confidence. Nothing that had passed between the Lord Chancellor and him in that House, had been in the least offensive to him, but he felt that, unless their Lordships altered their usages, he could not but express his opinion that the noble and learned Lord ought to have been there.
§ The Duke of Richmond, in answer to his noble friend (the Earl of Eldon) begged to say, that he understood that the rule of attendance had been often departed from. The words of the Standing Order stated, that the Chancellor should attend in "ordinary." A few years back, a noble Lord had been appointed to relieve the Chancellor of the duty of hearing appeals. If such an appointment had been made for the morning, why not a similar license be given for the evening? Formerly a Lord Chancellor was not called upon to 593 make an excuse for going to Windsor. He trusted that the discussion would not be prolonged.
§ The Earl of Eldonsaid, that when Chancellors were absent on former occasions, it was by the order of that House. He was of opinion that these orders did infinite mischief to the suitors in the Court of Chancery; but, whether for good or ill, it was necessary to abide by them.
The Marquis of Lansdownwas prepared to contend, both now and to-morrow, that the Lord Chancellor's absence involved no breach of the Standing Order of that House.
The Marquis of Londonderrysaid, that the noble and learned Lord was so severe himself on others, that he was determined to persevere in putting his question.
§ The Earl of Mulgravc rose to order. Notice having been given for to-morrow, it was disorderly to press the matter further at present.
§ Here the conversation dropped.