Sitting of 15 August 1834

COURT OF CHANCERY.
Mr. Lynchalluding to observations which had fallen from the Attorney-General on a former occasion upon a Motion relative to the business of the Court of Chancery, said, that the hon. and learned Gentleman had made comparisons between the amount of business done by the present Lord Chancellor and certain other Judges, which not only cast a reflection on the latter, but also on former Judges who had held the office of Lord Chancellor with the greatest credit to themselves and the administration of the country. Such observations had a very injurious tendency, and were calculated greatly to mislead the public. He must also complain of the incorrectness of certain statements made by his Majesty's Attorney-General, from which it would be inferred, there was no arrear of causes in the Court of Chancery, such was not the fact, there being a very considerable arrear of business that had not been disposed of.
The Attorney-Generalsaid, the facts he had mentioned to the House were
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founded upon the documents which had been regularly furnished to him, and of the correctness of which he could not entertain a doubt. He still believed what he had stated to be substantially true, namely, that in reality there was no arrear of causes to be heard in the Court of Chancery. He was still of that opinion, as he had heard nothing to gainsay it. The hon. Member from his experience in the Court of Chancery as a barrister, must be fully aware of the truth of such a statement to a certain extent; but for his own part, he did not believe, that for a century there had been so small an arrear of business in the Lord Chancellor's Court. There were probably some matters that were not finally disposed of, or stood over for some reason or other; but he asserted, that the diminution of arrears he had stated was substantially true.
Mr. Lynchdeclared there were upwards of 200 cases undisposed of, and when the Vice-Chancellor's Bill passed the arrear was only 214.
The Attorney-Generalagain said, he believed the returns he had quoted to be essentially true. He must also most unequivocally deny that he had cast any reflection on the other Judges of the Court by the observations he had made with reference to the business before the Lord Chancellor. So far from entertaining any feeling of that description, he believed the other Judges had discharged their duties with the greatest assiduity, and that their exertions merited the highest praise he could bestow.
The conversation then dropped.

LORD ELLENBOROUGH.
Mr. Ruthvensaid, he wished to give notice of a Motion to be submitted early next Session, which deeply implicated Lord Ellenborough. It was that he, a Peer of the Realm, in his capacity as Clerk of the Court of King's Bench, had applied to his own use sums of money, and interests of sums of money, which it was his duty to have placed to the credit of the public.
Mr. Secretary Ricethought the hon. Gentleman was really going a little too far. He might give his notice generally, but he certainly had no right to put it in a shape which conveyed a serious moral imputation upon a man's character. The latter part of the notice imputed that which, if untrue, was a most cruel outrage upon a man's feelings: and which, if true,

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ought to be met at once. To lay him under such an accusation for six months, without the opportunity of rebutting it, was anything but fair dealing. He hoped the Order-book of the House of Commons would never be turned to any such unjust purpose. What, on the last day of the Session to charge an individual with an indictable offence, and in the same breath tell him he should not have the opportunity of purging himself of such charge for months and months! He appealed to the hon. Gentleman's own feelings, would he like such justice to be meted out to him? On behalf of the House itself he (Mr. Rice) would object to the printing of any such notice; but let it be altered so as to carry a general character with it, and he would at once withdraw his opposition.
Mr. Humesaid, it was true, that the noble Lord had applied the money; but then, in the evidence upon the Table, he had accounted how he had done so. The notice ought certainly to be given in a general way, or not at all.
Mr. Hillwould take upon himself to state, as one of the parties in the inquiry, that the noble Lord's conduct had been as upright and as honourable as any man's could be.
Mr. Ruthvensaid, the allegation was, that the noble Lord had applied to his own use the interest on Exchequer Bills, which belonged solely to the public. He would, however, strike out the objectionable part of his notice.
Mr. Spring Rice said, if the notice were
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one as to the emoluments of the office held by Lord Ellenborough, no one would object to it.
Mr. George F. Youngthought, that it would be gross injustice to the noble Lord, or to any man, to let such a notice stand upon the Books of the House. Surely the hon. Member would not persist in such a course.
Lord Althorpsaid, he was the last man to oppose inquiry into the conduct of any public functionary who might be supposed to have misbehaved himself. But, then, there was a just way of causing that inquiry. If the hon. member for Dublin thought there had been wrong done to the public, he was not only justified in demanding inquiry, but he would desert his own duty if he did not demand it. Let him not, however, implicate a man's character and at the same time say to him, "You shan't for six months have an opportunity of defending it." The notice, in his opinion, ought to be framed so as to carry no implication.
Motion withdrawn.

PROROGATION.
The attendance of the Commons upon his Majesty was commanded. The Speaker, accompanied by a considerable body of Members, obeyed the Summons, and on his return read the Speech of his Majesty, Proroguing the Parliament, to the House. The right hon. Gentleman and the Members then withdrew.
His majesty having dismissed the ministry on Nov. 14th, this Parliament was dissolved by Proclamation on Dec. 29th, and a new one summoned, for Feb. 19th, 1835.
END OF VOL. XXV.—THIRD SERIES, AND OF FIFTH (AND LAST) VOL. OF SESS. 1834.

PROROGATION OF PARLIAMENT.
His Majesty went this day in state to the House of Peers to prorogue the Parliament.
The Usher of the Black Rod having summoned the Commons, and
The Speakerhaving taken his place at the bar, addressed his Majesty to the following effect:—"May it please your Majesty, we, your Majesty's faithful Commons of the United Kingdom of Great Britain and Ireland, attend your Majesty with our last Bill of Supply.
"Sire, matters of the deepest moment to the country have pressed upon us during this long and laborious Session; and, amongst the most prominent, the Bill 'For the Amendment and better Administration of the laws relating to the Poor in England and Wales,' has almost, from the commencement to the close of the Session, occupied our unwearied attention. Sire, it was impossible for us to approach a subject of such infinite delicacy, and such immense importance, without much of apprehension, and I might say, much of alarm. The measure, in its effects upon the comforts, the industry, the morals, and the general welfare of the largest class of society, has, as it could not fail to do, attracted our most serious and most anxious consideration. And if, Sire, the results of this measure shall be
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in success proportionate to the laborious investigation it has undergone, both in and out of Parliament, we have to hope that its benefits will be as lasting as they will be grateful to all ranks and classes of society.
"Nor, Sire, have we been unmindful of the pressure of the public burthens. So far as the revenues of the country have allowed us to deal with that matter, we have reduced taxation. We have reduced the annual charge of the Four per Cent Annuities, and we have diminished, as compared with the last year, and as low as the exigencies of the respective services would admit, the several Estimates of the current year.
"Sire, we have laboured in the discharge of our duties with assiduity; and we trust we have discharged those duties with efficiency.
"Sire, the Bill which it is now my duty to present to your Majesty, is entitled, 'An Act to apply certain sums voted out of the Consolidated Fund, to the service of the year 1834, and to appropriate the Supplies granted in this Session of Parliament;' to which, with all humility, we pray your Majesty to give the Royal Assent."
The Royal Assent was given to the Bill; and to the Customs—Church Temporalities (Ireland)—Fines and Recoveries (Ireland)—Courts of Equity—Tithes Stay of Suits—Warrants of Distress (Ireland)—Sale of Beer—Burghs (Scotland)—Royal Burghs (Scotland)—Registration of Voters (Scotland)—Turnpike Road Acts (Ireland) Continuance—General Turnpike Act Amendment—Trading Associations—Letters Patent—and South Australia Bills.
His Majesty then delivered the following Speech.
My Lords and Gentlemen,
"The numerous and important questions which have in the present as in the two preceding years been submitted to your consideration, have imposed upon you the necessity of extraordinary exertions, and it is with a deep sense of the care and labour which you have bestowed upon the public business that I at length close this protracted Session, and release you from your attendance.
"I continue to receive from all Foreign

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Powers, assurances of their friendly disposition.
"The negotiations, on account of which the conferences in London upon the affairs of the Low Countries were suspended, have not yet been brought to a close, and I have still to lament the continued postponement of a final settlement between Holland and Belgium.
"On the other hand, I have derived the most sincere and lively satisfaction from the termination of the civil war which had so long distracted the Kingdom of Portugal, and I rejoice to think that the treaty which the state of affairs in Spain and in Portugal induced me to conclude with the King of the French, the Queen Regent of Spain, and the Regent of Portugal, and which has already been laid before you, contributed materially to produce this happy result.
"Events have since occurred in Spain to disappoint, for a time, the hopes of tranquillity in that country, which the pacification of Portugal had inspired.
"To these events, so important to Great Britain, I shall give my most serious attention, in concert with France, and with the other Powers who are parties to the treaty of the 22nd of April; and the good understanding which prevails between me and my allies encourages me to expect that our united endeavours will be attended with success.
"The peace of Turkey remains undisturbed, and I trust that no event will happen in that quarter to interrupt the tranquillity of Europe.
"I have not failed to observe with approbation, that you have directed your attention to those domestic questions which more immediately affect the general welfare of the community, and I have had much satisfaction in sanctioning your wise and benevolent intentions by giving my Assent to the Act for the Amendment and better Administration of the Laws relating to the poor in England and Wales. It will be my duty to provide, that the autho-
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rity necessarily vested in Commissioners nominated by the Crown be exercised with temperance and caution, and I entertain a confident expectation, that its prudent and judicious application, as well as the discreet enforcement of the other Provisions of the Act, will by degrees remedy the evils which at present prevail, and, whilst they elevate the character, will increase the comforts and improve the condition of my people.
"The Amendment of the Law is one of your first and most important duties, and I rejoice to perceive that it has occupied so much of your attention. The establishment of a Central Court for the trial of offences in the metropolis and its neighbourhood, will, I trust, improve the administration of justice within the populous sphere of its jurisdiction, and afford a useful example to every other part of the kingdom.
"To the important subject of our Jurisprudence and of our Municipal Corporations your attention will naturally be directed early in the next Session. You may always rest assured of my disposition to co-operate with you in such useful reformations.
"Gentlemen of the House of Commons,
"I thank you for the readiness with which you have granted the Supplies. The estimates laid before you were somewhat lower than those of former years, although they included several extraordinary charges, which will not again occur. The same course of economy will still be steadily pursued. The continual increase of the Revenue, notwithstanding the repeal of so many taxes, affords the surest proof that the resources of the country are unimpaired, and justifies the expectation, that a perseverance in judicious and well-considered measures will still further promote the industry and augment the wealth of my people.
"My Lords and Gentlemen,
"It gives me great gratification to believe, that on returning to your several

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counties, you will find a prevalence of general tranquillity and of active industry amongst all classes of society. I humbly hope, that Divine Providence will vouchsafe a continuance and increase of these blessings, and in any circumstances which may arise I shall rely with confidence upon your zeal and fidelity, and I rest satisfied, that you will inculcate and encourage that obedience to the laws, and that observance of the duties of religion and morality, which are the only secure foundations of the power and happiness of empires."
Then the Lord Chancellor, by his Majesty's command, said—
"My Lords and Gentlemen,
"It is his Majesty's Royal will and pleasure, that this Parliament be prorogued to Thursday, the 25th day of September next, to be then here holden; and this Parliament is accordingly prorogued to Thursday, the 25th day of September next."
His Majesty then withdrew, and their Lordships retired.