Mr Brougham said, it appeared to him that there was an omission of the most material importance in the labours of the commission. That omission principally consisted of a want of inquiry into the causes of delay between the final hearing of a cause, and the decision by the Lord Chancellor. That there was an expense and abuse arising from the delays of the Court of Chancery, was not to be denied at this time of day. The country wished to be informed whether it was owing to the system of the court; if so, to which of its branches, and then, how it was to be remedied. Other individuals entertained similar opinions to his own as to the causes of delay; nor would there have been any difficulty in extracting such opinions from the witnesses examined, had not the commissioners intentionally shrunk from the task of extracting them. He would give one proof of it out of many which were contained in the report. In fol. 95 of the evidence attached to the report: Q. After a cause has been heard, is there, generally speaking, much delay in obtaining a decision?-A. That depends upon the different judges before whom it is heard. Q. Supposing the cause to be heard before the Lord Chancellor, is there much and what time elapses before obtaining a decision ?-A. Certainly; frequently months; sometimes years; and I have heard of many cases in which the parties have not been able to obtain any decision at all." What Idid the House think was the next question?" Is not the Chancellor much occupied in hearing appeals?"

―a question evidently asked to afford an excuse for the Lord Chancellor, and to turn aside the examination from the course which it then seemed to take. It was in vain to deny that it was his political distractions of which his court had principally reason to complain. There was also in the Lord Chancellor a certain doubting disposition, of which he could not easily divest himself, an infirmity of temper which led him to over-much subtlety, and disceptation, which made him, as it were, lay traps for that sound judgment which in general distinguished him. He contended, however, that with all this tendency to doubt, his lordship was not long in making up his mind to pronounce the opinion which he had deliberately formed. Amongst other disadvantages of the various avocations, to which his lordship was subjected, the suitors had to experience this material and important one-that the Lord Chancellor could not attend continuously, at any one time, to hear the whole of a case, so as to be able to take a full view of it, and to decide at the moment that all the arguments on both sides were fresh upon his mind. So it was now, and would continue to be, until the judicial was separated from the political character of the Lord Chancellor.-The learned gentleman proceeded to advert to the opposition which was always given, if not by the Lord Chancellor himself, at least by his friends, to any measure of reform in the (now at length) admitted abuses of his court. On one occasion a committee was appointed, and was so constituted (though a majority of his friends was to be found in it), yet it was so constituted as to promise some prospect of effectual reform. Its proceedings went on smoothly for two or three days; but at length some delicate point was started, and down poured his lord

ship's friends and allies-principally Masters in Chancery-some of them Masters in existence, or Masters in esse, and others Masters in expectation, or Masters in posse; and the consequence was, the inquiry was stifled. În 1810, 1811, 1813, 1821, and 1822, exertions had been made to procure a committee without effect; and, during the whole of that period, the Lord Chancellor himself had made no single exertion, not one effort-no, not so much as to the moving of the little finger of his left hand to procure the remedy of one evil-the correction of any, even the smallest, abuse, that under his own eye, and with his own knowledge, existed in his court. Mr Robert Smith said, that the commission was not authorized to in

quire into the conduct of the Lord Chancellor; and he should have esteemed an inquiry on ex-parte statements most unconstitutional.

Mr Denman thought that an inquiry into the conduct of the Lord Chancellor was the most important duty of the commission; and that if, as had been alleged, the delays of the court originated with him, it ought to have been specified in the report.

Mr Tindal defended the report, and augured much advantage from the measure before the House.

Mr Abercrombie thought that it would have the effect of considerably increasing the appeals.

Leave was given to bring in the bill, which was not farther proceeded in during the session,

THE Scottish Reformers, having failed in their grand object to effect a radical and complete change in the municipal governments of their country, were encouraged by a variety of circumstances to endeavour to advance their cause, by struggling for minor changes; and among these the most practicable and plausible, was to vest the right of electing the representative in Parliament of Edinburgh, in the great body of the inhabitants of that city. The change in question was practicable,as Edinburgh is the only Scotch borough which singly returns a member to Parliament; and it was plausible, on account of the consequence of Edinburgh, as the metropolis of the kingdom, and of the wealth and intelligence of a great proportion of its inhabitants. We are certainly far from being enamoured of any part of the borough system, whether in Scotland or England. On the contrary, we regard it, particularly in Scotland, where it is altogether close, as a perennial source of moral evil to an incalculable amount. But we would wish to know, how was the empire at large, or Edinburgh in particular, to be benefited by conferring upon the inhabitants of that city the right of electing their own representative? It will readily be admitted, that a popular election is, in itself, a great evil to those who have to exercise the right,

by suspending among them all active industry for a time, and leading to much dissipation, strife between individuals and families, constraint of conscience in many cases, and infinite corruption. For all this, it is true, they may be indirectly compensated by the advantages which flow to them, in common with the rest of the nation, from the representative system; but, according to the views entertained by the reformers themselves, the addition of only one popular member made to the body of representatives, would be an improvement so minute as to be of no advantage whatever; it could make not the smallest change in the general disposition or policy of that body; and, therefore, without any compensating advantages, the right of electing that one member would be a positive and unallayed evil to the community which had to return him.

The citizens of Edinburgh, however, thought differently; and having intrusted their cause to Mr Abercrombie, that honourable gentleman, (by whom a petition from 6000 or 7000 persons, praying for reform in the representation of Edinburgh, had been previously presented,) on March 9, in moving for leave to bring in a bill to amend the representation in parliament of the city of Edinburgh, commenced by assuring the House, that

the course which he proposed to take was the result of anxious and careful investigation. An election of members for Edinburgh by a body of only 33 voters out of a population of 100,000 people, was not a state of things which could be openly defended. He was ready to confess, that if he succeeded as to Edinburgh, he was so far a parliamentary reformer, that he should not be inclined to rest there, but should endeavour to extend the same advantages which would then be procured for the capital of Scotland, to her towns and boroughs generally. He had preferred calling upon parliament first to attend to the case of Edinburgh, because that city had members for itself, and was not joined with any contributory borough. For any charge which might be made against him of republican spirit, he repelled it by reference to the peti tion which he had presented. There was not one word contained in that petition which was not of the most respectful as well as of the most constitutional character; and the petitioners, after setting out their grievance, did not venture even to prescribe what should be the remedy. He knew that it would be argued against him, that Edinburgh had prospered under the present system. But Edinburgh had prospered, not through, but in despite of, the town-council, and against their most desperate efforts to prevent it. Since he first had the honour to sit in the House, a great many questions of vital importance to Edinburgh and its inhabitants had been brought forward in parliament. In one and all of those subjects the inhabitants of Edinburgh were found arranged on one side, and the towncouncil on the other. He was not bound to show any case of particular abuse. All that was incumbent upon him was to show, that the measure he proposed was safe, and well quali

fied to benefit the public. Though the act of 1469 was passed to prevent election broils among the people, its intention was also to secure the fide lity of the representatives by making their election annual: but from the passing of that act till the civil wars, many laws had been passed to correct the gross abuses which the system had generated. In the reign of Charles II. the abuses had again become formidable, and the subject of complaints so clamorous, that a royal commission was appointed, and the report of that commission found that there was great corruption and disorder in the boroughs, because of adventurers who squandered away their money in the purchase of votes. Little good was done in the way of remedy. At the revolution another commission set forth the same evils as abundantly arising from the same causes, and the Convention Parliament recommended as a remedy, what was called by them the only true and rational mode of free elections. Scotland in the following reigns became twice convulsed, and it was no wonder that during that stormy period nothing was done. From 1784, down to the present day, the subject had been forced upon the observation of parliament again and again. No remedy had been applied, and the evil remained as before. The people had been excluded from all control over those who managed their affairs, and the corporations had become venal and corrupt bodies, who had lost the confidence of the public, and were not worthy to be trusted with the powers and privileges which they held. This was not his opinion only. It was that of a philosopher, an enlightened author, and a learned judge, who had thus instructed his descendants, and enlightened posterity upon the subject. "The greatest evil of all, respects the claims of some few men in the royal burghs to elect

the representatives to sit in parliament.' The passage was from Lord Kaimes, who described the excessive venality of corruption which had been introduced into those corporations. It would be objected to him, that any alteration of the rights of these boroughs would be an infringement on the articles of union. Let the House recollect what parliament had done in the case of the heritable jurisdictions of 1747, which had been most distinctly reserved by the articles of union, which were much more matters of property than the rights of the burghs, which were legally subjects for sale, mortgage, or the claims of creditors; yet parliament abolished them. It went farther: it re-organized the court of session, and established a mode of trial which before had been unknown in Scotland. He enlarged on the unmeaning dread entertained of the enlightened and educated householders of Edinburgh, as if they could have an interest in misrule.

Those who were hostile to radical or any other reform in England, ought to vote for reform in Scotland. Here there was, in particular cases, at least something like the representation and free expression of the public sentiment and opinion in parliament. In Scotland there was nothing of the kind. There was not one open borough, and popular election was altogether unknown. The most unjustifiable system of representation in a free government ever heard of was that of Scotland.

Mr W. Dundas was not surprised that the learned gent. appeared now as the chosen champion of borough reform. The learned gent. was himself a splendid example of purity of election. What was the shape in which -the boon was proffered to Scotland? It was presented to them by the representative of the free and incorruptible borough of Calne. He

would himself object to any change in the system of representation. But if the House should at any time entertain a project for altering that system, (and he should call that indeed "England's evil day,") he flattered himself that such had been the exemplary conduct of the royal boroughs, that they would receive so much commiseration from the House, as to be denounced last. Let them not take this upon his word. About seven years ago, a noble lord had moved for a committee to inquire into the representation of the eity of Edinburgh. He succeeded in his purpose-he named his own committee, according to the courtesy of the House, of which privilege he very fully availed himself. What followed? The fullest inquiry was instituted, all the offi cers of the corporation were sent for, and a ship-load of books and papers was examined. The result was perfectly triumphant to the parties accused. No abuse was shown; and therefore there could be no pretence for proceeding.

Mr J. P. Grant denied that they were arguing a subject of personal right merely. These corporators were in possession of a right which they held as a duty and a trust for the public. He was entirely opposed to any general and sweeping plan of reform. But to this degree of reform, those who resisted it on every other occasion ought to agree. In Scotland there was no such thing as a popular election. But it was said that popular elections were attended with danger. If so, then England at the present moment was in a most dangerous situation, for her elections were of that character. He thought it would be impossible ever to govern Scotland otherwise than as a province or colony, until she obtained something like a fair representation in the Legislative Assembly of the empire.