Madame une telle, the wife of Monsieur un tel, exclusiveness are gone by in England; baron et banquier.'-Trollope, vol. ii. pp. 215, 216. and though it is obviously impossible to prevent any given number of persons from congregating and attempting to reestablish an oligarchy, we are quite sure that the attempt would be ineffectual, and that the sense of their importance would extend very little beyond the set. 'I banish you from Sinope-' And I condemn you to stay in it.'


Mrs. Trollope says, that 'an almost preternatural exaltation of the voice into a sharp shrill scream in addressing each other,' is the great external symbol of the clique, to which the ladies appear to attach the highest importance; yet in the teeth of this and her other revealings she declares,

At least, however, they are free from morgue in their own circles, when every banking plebeian animal, that might come between the wind and their nobility, is shut out. Alas! those who indulge in such illusions need only turn to Mrs. Trollope's chapter on La Crême-an inner circle of exclusives who hold themselves ineffably superior to the rest.

A lady of very noble birth and large fortune' tells an acquaintance of Mrs. Trollope's that she would gladly pay onethird of her income to ensure her only daughter admission to La Crême. Another, similarly situated, makes the authoress her confidante:

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Have you asked the Countess **** de **** to dance?" inquired one of them. "Yes, I have!" was the bold reply. “You positively must not dance with her!" cried the three creamy fair ones in a breath-" at least, if you do, you will cease to be one

of us."

"What am I to say to her?" "6 Say to her!" ex claimed one of the trio,-a short round lady of thirtysix, pitted with the small-pox, and of very doubtful credit of any kind, excepting crême credit-"What are you to say to her?-say that you are engaged to dance with me." The young man looked enchanted of course, muttered something about a mistake to the fair young girl, and the next moment felt himself in possession of the full-blown honour and glory of spinning round the room with one of the ugliest women in it.'-vol. ii. pp. 285, 286.

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'A young lady, who for the first time in her life was enjoying the honour of dancing in the presence of the empress, but who had not been elected crême, in the thoughtless and undiscriminating gaiety of her heart presented her outstretched hands to a gentleman who was.


He stared at her for a moment in unmeasured amazement, and then dropped his eyes, and remained motionless as a petrified statue. The poor blushing girl turned to a second, but for her sins, poor child!

he too was crême of crême...


The very same thing happened a few years since at a watering-place in the west of England. The gentleman was a halfpay lieutenant, the lady the curate's daughter, and the cream' was principally to composed of the families of two brokendown baronets, a lieutenant-colonel on half-pay, a retired wine-merchant, and an ex-apothecary who had dubbed himself M. D. In most of our provincial towns the same absurdities are rife: even the devoted district of Bloomsbury has its cream and so all-pervading is the taste for such distinctions, that we fear it is in the very nature of mankind to try and in-mony of an introduction; but the actrench themselves within the ideal circle quaintanceship ends with the dance. No of a caste. But the decline of Almack's objection therefore could be made to a is a clear proof that the palmy days of man's dancing with a girl on the ground

We shall have her next mistaking the dos-à-dos figure in a quadrille for contempt. The dance in question was the cotillon; and the supposed coldness or rudeness of the cavalier a piece of playful coquetry. Her other dancing story is open to an obvious objection. On the continent everybody dances with everybody, without regard to rank or the cere



"Moi!" he muttered with a sort of hysteric laugh, and, turning away, sheltered himself in earnest conversation with the lady of the clique who stood next him.'-vol. ii. p. 286.

of her not belonging to his set; for the simple reason that it would mean nothing. The chief defect in Mrs. Trollope's admirable book on America was a tendency to mistake peculiarities of language and manners, common to every country in a given state of civilisation, for national ones. She has been guilty of the same error here:

'You must not, however, imagine that, because there is much of aristocratic exclusiveness here, the society is afflicted by the mildew of ceremonious stateliness. You could not adopt an opinion more foreign to the truth. The general tone, on the contrary, is that of more friendliness and ease than I remember anywhere. All the ladies address each other by their Christian names; and you may pass evening after evening, surrounded by princesses, countesses, &c., without ever hearing any other appellations than "Therese," " Flora," "Laura," or Pepé."-vol. ii. pp. 315, 316.

forgiven now, both for the sake of the words, which to my mind have much wisdom in them, as well as be cause the speaker is one of those who must submit to have what they utter remembered.

'While talking of some of the strange blunders that had occasionally been made by politicians, he said, as nearly as I can recollect and translate the words (for he conversed with me in French), "I believe that the science of government might be reduced to principles as certain as those of chemistry, if men, instead of theorising, would only take the trouble patiently to observe the uniform results of similar combinations of circumstances."'-vol. ii. pp. 10. 11.

There is a fatality about Mrs. Trollope in this book. Her descriptions, as well as her theories, are almost invariably contradicted by her facts; and if Lawrence's portrait had not familiarised us with the prince's regular, expressive, finely-chiselled and genuinely aristocratic face, we should expect, after her flattering sketch,

The simplicity of this remark reminds to see a dumpy, square-featured, vulgarIf the above be a fair speus of the traveller who expressed his as-looking man. tonishment at finding that even the little cimen of his colloquial excellence or pochildren in France spoke French. Mrs. both is over: but it is quite impossible litical sagacity, our illusion regarding Trollope may depend upon it that English that he could have recommended governing men in this manner.

We would as mode of killing fleas is to take them by soon credit his telling her that the best

duchesses and countesses are in all these particulars exceedingly like their sisters of Vienna. It is recorded indeed, by an American traveller, with wonder near akin to Mrs. Trollope's, that on the most splendid day of the Eglintoun tournament the Queen of Beauty, on her throne and in the very height of her magnificence, was


down their throats, as lately recommendnape of the neck and pour prussic acid


distinctly called Georgy' by a lady who had not even the excuse of relationship for the audacity.'

ed in the Charivari. 'Instead of theorising, observe the uniform results of similar combinations;' and then do, what?-why theorise! Prince Metternich knows, if Mrs. Trollope does not, that combinations of circumstances never are similar, any more than human faces are alike. He is

the very last man in Europe to entertain such doctrines; yet she coolly, though we believe unconsciously, fixes on him the very worst conceits of a Bentham or a Sieyes. Bentham's proposal for reducing the credibility of witnesses to a science



'At some word or signal given, Sir Frederick Lamb left the room and returned with a very lovely woman on his arm, followed by a gentleman whom was based on the same fallacy; and Sièyes the least observant eye that ever served" to guard actually supposed himself to have effected its master 'gainst a post" could not mistake for an or- what Prince Metternich is represented dinary mortal. I had expected to see not only a d s- propounding as a novelty. One day,' tinguished man, but one who bore the impress of being so on his brow, and neither the seeing nor hear says Dumont, after breakfasting with M. ing Prince Metternich can ever have disappointed de Talleyrand, we were walking together any one; his whole person, countenance, and de- in the Tuileries: the Abbé Sièyes was meanour are indicative of high station, commanding more communicative than usual; he was intellect, and very finished elegance. He led me to dinner, and I had the advantage of his conversation in a fit of familiarity and openness, and, while it lasted; for the table was not only as round, after speaking of many of his works, his but as large as King Arthur's, rendering general con- studies, and his manuscripts, he made this versation of course impossible. Were I to tell you remark, which struck me:-"La politique what I thought of the quality of his conversation, you might perhaps say that my admiration was the natu- est une science que je crois avoir achevée.' ral result of listening to opinions I approved: so I If he had but measured its forms-if he will for the present enjoy the recollection of all I had but conceived the extent and difficulheard in silence. Nevertheless, there was one observation that I am tempted to record, despite my of a complete system of legislation-he ty usually firm resolution of never repeating "table- would not have held this language: pretalk" unless the names be withdrawn: but I must be sumption in this line, as in all others, is

Far the most prominent figure in the social group is Prince Metternich; and Mrs. Trollope says she had the good for tune to be honoured with a great deal of his society. The scene of her first interview is the English ambassador's :

the surest sign of ignorance." We fully | acquit Prince Metternich of any presumption of the sort.

In Mrs. Trollope's grand political conclusion we perfectly agree. Though such a state of things may do very well for Austria, it does not follow that it would do very well, or do at all, for England; and we are by no means anxious to barter our birthright for a mess of pottage, even with the best possible securities for being allowed to finish it in peace. The epicurean philosophy is an exceedingly pleasant philosophy, but it is not the most elevating-Epicuri de grege porcus-and life has higher objects than the gratification of the senses, or the calm, unexciting, unambitious enjoyments of society. Milton, THE works whose titles we have transcribBacon, Shakspeare, Dante, Newton-ed would seem to demonstrate, if they do these are a few of the products of popular nothing else, the existence of a general institutions and stirring times. Would it conviction amongst well-informed and be better for the world if they had been able men, that considerable reforms are clipped or pressed down to the dead level required in our courts of equity, and that of mediocrity? the time is fast approaching when some attempt to carry them into effect must be made by the legislature. Indeed one should think that it was only necessary to lay the actual state of the matter before the intelligent people of this country, in order to ensure success to almost any measure for curing or even mitigating the evils which exist. Yet we are by no means confident that this will be the case; for it is one of the remarkable features of our times, that whilst men are in a state of feverish anxiety for alteration, they disregard those real, practical improvements, which are to the people the weightier matters of the law,' busying themselves

Let Austria, then, plume herself as much and as long as she pleases on her tranquillity-we have no wish to part with our juries, our parliaments, our public meetings, and our press, dearly as we have been obliged to pay for some of them since Reform ministries began tampering with the machinery; nay, despite of Whiggery and Chartism, we do not hesitate to say that even revolutionary disturbances and disturbers have their use. In times of public corruption (to borrow the beautiful simile of Lord Erskine), they act like the winds, lashing before them the lazy elements, which, without the tempest, would stagnate into pes-about the 'mint, anise, and cummin' of tilence; in times of factitious excitement political measures, the only object of and unhealthy craving like the present (to which is to aggrandise one party at the borrow the equally beautiful illustration expense of the other. And even in those of Lord Mansfield), the shock may serve institutions of the country to which their to rouse the better part of the nation out attention is directed, they seem, perverse. of their lethargy, and bring the mad part ly enough, to select such as, upon the back to their senses, as men intoxicated whole, best effect their original purposes, are sometimes stunned into sobriety. whilst they utterly neglect those which require, and are really susceptible of much improvement. We believe that this disease of the body politic arises principally from the neglect of that which ought to be the cardinal maxim in all reforms, viz. never to make any alteration at all till you are not only prepared, first, to show defects in the existing system requiring amendment; but, secondly, also to produce another plan with its details arranged, which, if carried into effect, will be liable to fewer objections, and be a material imThe reprovement upon the old one.

ART. IX.-1. On the Present unsettled Con-
dition of the Law and its Administration.
By John Miller, Esq., Q. C., of Lin-
coln's-Inn. London, 8vo. 1839.
2. Substance of a Speech by Henry Lord
Langdale, in the House of Lords, on the

* Souvenirs sur Mirabeau, chap. ii.

Second Reading of a Bill for the better Administration of Justice in the Court of Chancery. Ibid. 1836.

3. Letter to Viscount Melbourne on the Court of Chancery, and the appellate Jurisdiction of the House of Lords. By A. Lynch, Esq., M.P. 1836.

4. Suggestions for a Reform of the Proceedings in Chancery. By W. A. Garratt, M.A., Barrister. 1837.


On the Unsatisfactory State of the Court of Chancery. By G. Spence, Esq., Q. C. 1839.


First Address to the Public on the Court of Chancery. By the Same. 1839. Second Address. 1839.


And we now proceed to the consideration of these remedies. Those of our readers who take an interest in this subject are aware that in the year 1824, King George IV. was advised to issue a Commission for inquiry into some of these matters. Those commissioners made a report in 1826; and that report, which undoubtedly contained many useful suggestions, was afterwards acted upon by Lord Chancellor Lyndhurst's orders, in 1828; by the Acts of Parliament 1 Wm. IV. c. 36, 2 Wm. IV. c. 58, and 3 and 4 Wm. IV. c. 94, and subsequently by Lord Chancellor Brougham's orders of December, 1833.

formers of our day take only the first and gether to remove.
more easy branch of the proposition.
They begin, and, ordinarily speaking,
they succeed well enough in showing de-
fects in our institutions-for what hu-
man invention is free from them?-but
they seldom touch upon the second part
of it, or, if they do, it is only to demon-
strate, by lamentable failure, their capacity
for destruction, and their total incapacity
for producing anything rational in the
place of what they would destroy. We
propose in the present article to bind our-
selves by this test, and in doing so we
hope to point out, not, indeed, a plan with
all its details, but a course by which the
details of a plan can be arranged, so as to
accomplish at all events a better system of
practice in our equity courts.

But that Commission laboured under the capital defect that it was of too limited a nature to be capable of attacking the real evils of the court. It was pointed to the practice of the court alone, and to the question whether any part of the business of equity could be properly transferred to other tribunals. It had no authority to amend the pleadings or the mode of taking evidence, or the delays arising from the introduction of unnecessary parties,

The two great defects in these courts are expense and delay; both great, and both increasing. It is difficult to present these properly and candidly to the consideration of the public. Many of the complaints are made by persons who are really ignorant of the true cause, although they are acutely sensible of the inconvenience, and they often, in consequence, or those occasioned by intermediate appropose remedies, which, if acted upon, peals and rehearsings. Its real effect, we would be far worse than the disease. believe, has been somewhat to facilitate Lord Langdale well observes that delay the arrival of the cause at the stage of cannot always be avoided, and that it is not being set down for hearing; and this may always to be imputed to the court in which perhaps account for the increased and init occurs. There are, he says, cases in creasing arrears in the paper of causes which unnecessary delay to a great extent before the present judges, as compared may be imputed to the neglect or miscon- with their predecessors. But this Comduct of the parties or their agents. There mission which was a failure, may serve at are also cases in which the truth cannot be least to show how inefficient any plan of investigated and ascertained without the reform in courts of equity must be which consumption of a great deal of time- shall not give proportionate efficiency to cases of long pending accounts-of intri- each part of the court. If you facilitate cate transactions-cases of complicated the preliminary stages of the cause, and and artfully concealed fraud--cases of trust, do not provide additional facilities for the execution or breach of which may ex- hearing it, you only alter the place where tend over a long series of years. Now all the delay occurs-without remedying the these are cases of delay; and these are the delay itself. And again, if you increase cases above all others which are generally the judicial establishment ever so much, found to be the subject of declamatory leaving the Masters offices in their preattacks on the Court of Chancery, and sent state, you will do nothing towards cited as proofs of unnecessary delay there. the real object,-which ought to be the But admitting most fully, as we do, the termination of the suit, and the adjusttruth and force of these observations, we ment of the rights of the respective par. believe it will still be found-and the ties, within a reasonable time, and at a noble judge whose opinion we have cited reasonable expense. will, we are quite sure, be the first to allow -that there are real and effective causes of both expense and delay--unnecessary is important to bring these into contrast, delay and unreasonable expense, we mean that it may be seen whether the applica-existing in our courts of equity, which tion of them to the courts of equity would it is in the power of the legislature to di- not be productive of much advantage. minish, and, as to some of them, alto- The commissioners of common law were

The reform of the common law was conducted on different principles; and it


empowered "to inquire into the course gratitude of those who are now 'ready to of proceeding in actions from the first perish.' process and commencement to the termi- Upon these subjects, the present Masnation thereof, and into the process, prac- ter of the Rolls, in his evidence before tice, pleading, and other matters connect- the Chancery Commissioners, says, this ed therewith, and to inquire whether any Unnecessary delay, vexation, and exand what parts thereof might be conve- pense, may be ascribed to the established niently and beneficially discontinued, al practice of the court, to the established tered, or improved; and what, if any, system of pleading, to the established alterations, amendments, or improve. mode of obtaining evidence.' He adds, ments, might be beneficially made there. in another place, an instance showing the in, and how the same might be best car- evil of making all persons interested parried into effect, and whether and in what ties to the cause ;-that on one occasion, manner the despatch of the general busi- where fifty or sixty persons were inteness in the said courts might be expe- rested, and were all made parties to the dited." suit, the case, after an ineffectual litigation of some years, was obliged to be settled by a private arrangement on account

The original commissioners made three reports, and many of their suggestions were carried into effect by Lord Tenter- of the difficulty of bringing it to a hearden's bills. The process of the courts was ing. Persons not acquainted with the made uniform and simple-the practice practice of the court will hardly believe regulated and made uniform by orders of this; but it is easily explained. The the judges the necessity for bills of in- death of each party causes the suit to terpleader and for commissions to exam- abate, till the representative of the deine witnesses almost put an end to-and ceased becomes a party in his stead. lastly, a power, limited as to time and Now suppose the cause set down for degree, was given to the judges by act of hearing-a death occurs-all proceedings parliament for amending the pleadings, are thereupon stayed-he leaves an exewhich has been acted upon greatly to the cutor-it becomes necessary to prove the advantage of the suitors, and which, hav- will in the Ecclesiastical Court; when ing expired by efflux of time, was last this has been done, a supplemental bill year renewed to them for five years becomes necessary to make this executor longer, and will probably, as it undoubt- a party; he must put in his answer-and edly should, be made perpetual at some by the time all this has been accomplishfuture period. ed, some other person dies, and the same We believe that much might be done process has to be renewed:-the Court in the Court of Chancery if such a plan of Chancery thus realizing the punishwere applied to it. Very few persons, ment of Sisyphus in the infernal region we believe, doubt that the pleadings in to its unhappy suitors, who roll the cause equity may be shortened; or that the up the hill of the chancellor's paper with mode of taking evidence is most expen-labour and sorrow, and just as they arrive sive and utterly ineffective; or that the within sight of his lordship's wig, down rule requiring all persons, however re- goes the stone rattling away to the botmotely interested, to be made parties to tom of the precipice. According to our a bill the most fertile source of delay parliamentary returns, the average morand expense in the whole proceeding tality in England amounts annually to at may be advantageously modified; or that least one in fifty persons; so that in a the inconvenience and waste of time and suit in which there are fifty persons enexpense arising from interlocutory ap- gaged as parties, it is almost impossible peals should at least be restrained by to arrive at a decision. some additional regulations.* It would be something to remedy these evils; and if nothing more were done, the commissioners would entitle themselves to the

* In the case of Townsend v. Champernoune in the Exchequer, there were three interlocutory appeals to the House of Lords between the original decree in 1821, and the hearing of the cause on fur ther directions in 1839. It is now compromised, or else there would undoubtedly have been a fourth appeal.

What, then, is the practical conclusion which we would draw from all this? Simply this, that it is expedient to give a power, not merely of deliberation, but of legislation, to some body of persons on these and other such subjects. And we think, upon the whole, that it would be best to follow the precedent already made, and to vest in the Lord Chancellor, the Master of the Rolls, the Vice-Chancellor, the Lord Chief Baron, the Equity Baron

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