HL Deb 17 October 1831 vol 8 cc821-2
The Duke of Cumberland,

seeing a noble and learned Lord on the Woolsack, begged leave to make an inquiry from him in behalf of a noble and learned friend (the Earl of Eldon), who was not able to attend the House to-day, and the question he wished to put was to this effect—whether the allusion made on Saturday, by the noble and learned Lord on the Woolsack, relating to the author of a recent pamphlet on the Bankruptcy Act, was intended to apply to his noble and learned friend or not? As all sorts of calumnies were current at the present moment, his noble friend felt a little sore at its being supposed that those remarks were directed against him; but he was sure that a brief explanation would be quite sufficient to satisfy his feelings.

The Lord Chancellor

I have much pleasure in pointing out to the illustrious Duke, that, in the few observations I made on Saturday, I could not have alluded to the noble and learned Lord in whose behalf he has now applied, because the description I gave of the supposed author did not at all apply, and although I said the author of the publication was the father of the English Bar, I also said that he was the father of Law Reform, and certainly none of your Lordships, nor even the noble and learned Lord himself, could imagine that I would state any such thing of him. I did not mention the venerable and learned person's name (Mr. Bentham) because his name did not appear in the pamphlet; but there is no doubt of his being the author, and there is intrinsic evidence in the style of the work which convinces me that he has written it. No, my noble and learned friend does not take that mode of making his opinions known; but, being a member of the House he comes down and states them openly and candidly before your Lordships; and certainly I must say, that nothing can be more courteous and considerate than the tone in which his objections are always urged. The venerable author of the pamphlet, not having it in his power to state, his sentiments on the Bankruptcy Court in the House, has been obliged to take another mode of communicating them to the public and to me; but my noble and learned friend always states what he thinks here, and not elsewhere, and, of course, anything which I said on Saturday in allusion to the publication of another could not possibly apply to him.

The Duke of Cumberland

said, the explanation given by the noble and learned Lord was quite satisfactory.