Lords Sitting of 24 February 1851

MINUTES.
PUBLIC BILLS.—1a Prevention of Offences.
2a Appointment of a Vice-Chancellor.

THE MINISTERIAL CRISIS—EXPLANATION.
The MARQUESS of LANSDOWNE,having delivered the report of the Metropolitan Commission of Sewers, said: My Lords, as there is no business before the House, I may as well at once take this opportunity of moving, that this House at its rising do adjourn to Friday next. In making that Motion, I feel that however imperfect and insufficient any communication which it is in my power to make, may be found to be, relating to the present posture of affairs, it is due to this House that any information given, or communication made upon that subject to the other House of Parliament, should in substance be made to this House also. But in doing so I shall confine myself simply to a statement of the facts as I understand them. My Lords, on Friday last, in consequence of divisions which had recently taken place in the other House of Parliament, Her Majesty's servants communicated with each other—from domestic circumstances I was not one of the persons communicated with on that occasion—and on that day Her Majesty was led to believe that it was probable that Her servants would resign on the day following. Early on Saturday morning I came to
888
town, and that resignation was respectfully and unanimously tendered by Her Majesty's servants to Her Majesty. In the course of the same day the noble Lord whom I see present (Lord Stanley), was, as I am informed, invited to attend at the Palace, and a proposal was made to him to construct a Government. I am informed that the noble Lord stated that he was not then prepared to form one. On that communication being made, recourse was had to other persons, and more particularly to my noble Friend lately at the head of the Government, and he was requested to reconstruct an Administration. My Lords, this is the present state of things, and all that it is in my power to state to your Lordships is, that my noble Friend lately at the head of the Government has, on reflection, thought it to be his duty towards Her Majesty, and towards the public, to attempt the reconstruction of another Cabinet. Beyond this I have nothing to say. I speak as the organ of a Government which, in fact, exists no longer; a Government which is, in fact, nominal only; and of which I am the representative here only so long as it remains nominally in office, and for the purpose of making this communication.
LORD STANLEY: My Lords, after the statement made by the noble Marquess, none of your Lordships, I am sure, will be disposed to offer any opposition to the proposal which he has made, that the House should adjourn from this time till a later day, or at least that in the meantime no public business of importance shall be discussed. My Lords, I am exceedingly unwilling, and shall not attempt, to offer any comment on the statement made by the noble Marquess: circumstanced as the country now is, it is impossible that a complete revelation should be made of what has occurred; and in the present state of things, I do not hold it to be consistent with my duty to offer any explanation or information which must of necessity be of an imperfect character. I will now only say, that on Saturday I had the honour of a lengthened audience with Her Majesty, in which I laid before Her Majesty fully and unreservedly the whole of my views on the state in which the country and political parties are now placed. Nothing could exceed the graciousness, the condescension, and kindness (if I may use the word) of manner of Her Majesty throughout. But of what passed at that interview, either what advice I humbly tendered to

889
Her Majesty, or what was stated by Her Majesty, at the present moment, I think I should ill requite the confidence and favour with which I have been honoured, if I were to say a single word. When the time shall come—when this political crisis shall have passed—I shall be prepared to state fully and unreservedly to your Lordships and to the country the whole substance of the advice which I tendered, and the course which, as a public man, as one honoured with the confidence of Her Majesty, and as a Privy Councillor, I felt it my duty to recommend.
The MARQUESS of LANSDOWNE: After the forbearance which the noble Lord has exercised, it would unquestionably be improper to deprive him of the opportunity of fully and fairly stating what has passed, when the convenient time for doing so shall arrive, in the way which he shall judge most fitting for his honour and most conducive to the public good. In the meantime all I beg of your Lordships is, to believe that I have, in the very short statement I made, said nothing but that of which I was distinctly informed.
The EARL of ST. GERMANSproposed that the House should meet to-morrow, for the purpose of proceeding with the second reading of the Marriages Bill. It was a measure in which a large number of persons out of doors felt a lively interest, and as it embraced no political object, he thought there could be no objection to go on with it to-morrow.
LORD CAMPBELLstrongly concurred with the noble Earl in asking their Lordships to let the measure to which he referred be discussed to-morrow. It was a measure totally unconnected with party or political questions; it was purely a social and religious question; and his humble opinion was that there was no impropriety, notwithstanding the present posture of affairs, in the House taking the debate on the second reading of the Bill to-morrow.
The ARCHBISHOP of CANTERBURYsaid, if there was no Parliamentary objection to the request, he would add his humble wish that the measure should be proceeded with to-morrow.
The MARQUESS of LANSDOWNEsaid, their Lordships well knew it was not usual for the House to continue their sittings under the peculiar circumstances that at present existed. He could not, however, deny that there was great force in what was stated by the noble Earl, and con-
890
firmed by his noble and learned Friend, and the most reverend Prelate, as to the expediency of having a discussion of this measure to-morrow. He would accede to the proposal of the noble Earl, on the understanding that no other subject of discussion should be introduced, so far qualifying the proposition as to leave them afterwards at liberty to arrange when they should sit again.

APPOINTMENT OF A VICE-CHANCELLOR BILL.
LORD LANGDALE: My Lords, I move your Lordships to give a second reading to the Bill for the appointment of a Vice-Chancellor in the room of Sir James Wigram.
It seems useless, and would therefore, be improper for me to occupy any time in proving a fact now universally admitted, that the assistance of an additional Judge in the Court of Chancery is necessary. It is acknowledged, not only by the unfortunate suitors whose causes (ready for hearing) cannot now be heard, but by all who know anything upon the subject—by Judges, Counsel, and Solicitors. I think that, without exception, I have never known so great an unanimity upon such a subject.
It seems also unnecessary to state at length the causes which have led to the great arrear of business which now exists. Whatever the causes may have been, there is an arrear which plainly obstructs justice; and I submit to your Lordships, it is the duty of Parliament to provide a remedy. Some indication of the cause may, however, be of use.
One cause, undoubtedly, is to be found in the interruption to business which was occasioned by the illnesses of the Lord Chancellor, and of two of the Vice-Chancellors during so long a period of the last year—and in the absence of any usual and regular means possessed by the Court of Chancery, of providing judicial assistance during such occasional interruptions.
But a still greater cause of the existing arrears is, in my opinion, to be found in the nature, weight, and complication of the new business which has lately been thrown upon the Court—partly by the Acts of Parliament which are called the Winding-up Acts, and partly by the great litigation which has arisen from the transactions of railway companies and other joint-stock companies; and the great uncertainty of the law applicable to such companies and their transactions. The Legislature has

891
constituted, or sanctioned the companies, and has connected the transactions of many of them with the performance of important public duties; but has not, or, if ever, has rarely, pointed out the extent to which, or the manner in which, the jurisdiction of the Courts of Law and Equity is to be applied to the cases which arise.
The Court of Chancery having jurisdiction to apply the law relating to partnerships, constituted for purposes unconnected with the discharge of public duties, and consisting of a limited number of partners, is continually applied to for its interposition and assistance in eases supposed to be similar, with reference to the transactions of partnerships consisting of an indefinite number of persons, and frequently constituted for public purposes, or connected with duties of public obligation; and the difficulties which arise are such that in very many cases, the Judge before whom they first come, can neither know what the Legislature (which has not spoken) intended to leave to his decision or judgment—or what may even probably be the view which may be taken of the subject by any other Judge before whom the same or like cases may be brought.
In such cases it can hardly be said with truth, that there is any law at all—any rule of right or wrong. And until the numerous and perplexing questions which are constantly arising shall be settled by authority, or some legislative remedy shall be provided, I am afraid that cases of this kind will occasion arrears which the remedy I now propose cannot prevent.
I have mentioned the subject, in the hope that the attention of your Lordships may be directed to it on some future and not remote occasion.
But for the present, assuming that your Lordships will not doubt the necessity of giving to the Lord Chancellor the assistance of an additional Judge, in the room of Sir James Wigram, whose loss is so deeply regretted by the profession and the public—and being myself of opinion that every day's delay is a grievous and unnecessary, and therefore, indefensible obstruction to the course of justice in the Court of Chancery—I gave notice of my intention to move for the suspension of the Standing Orders, in the hope of passing the Bill quicker than it could otherwise proceed. I regret to find that this proposition is not acceded to, and that further delay cannot be avoided; but as such is the case, I must content myself with mov-
892
ing, "That this Bill be now read a Second Time."
Bill read 2a.
Then the Order of the Day for taking into consideration the Standing Orders Nos. 37 and 38 was read, and discharged; Committee negatived; and Bill to be read 3a on Friday next.
House adjourned till To-morrow.