Amongst the many persons ruined by the bursting of the South Sea Bubble
were certain Masters of Chancery, who had thrown away on that wild
speculation large sums of which they were the official guardians. Lord
Macclesfield was one of the victims on whom the nation wreaked its wrath
at a crisis when universal folly had produced universal disaster. To
punish the masters for their delinquencies was not enough; greater
sacrifices than a few comparatively obscure placemen were demanded by
the suitors and wards whose money had been squandered by the fraudulent
trustees. The Lord Chancellor should be made responsible for the
Chancery defalcations. That was the will of the country. No one
pretended that Lord Macclesfield had originated the practice which
permitted Masters in Chancery to speculate with funds placed under their
care; attorneys and merchants were well aware that in the days of
Harcourt, Cowper, Wright, and Somers, it had been usual for masters to
pocket interest accruing from suitors' money; notorious also was it
that, though the Chancellor was theoretically the trustee of the money
confided to his court, the masters were its actual custodians. Had the
Chancellor known that the masters were trafficking in dangerous
investments to the probable loss of the public, duty would have required
him to examine their accounts and place all trust-moneys beyond their
reach; but until the crash came, Lord Macclesfield knew neither the
actual worthlessness of the South Sea Stock, nor the embarrassed
circumstances of the defaulting masters, nor the peril of the persons
committed to his care. The system which permitted the masters to
speculate with money not their own was execrable, but the Lord
Chancellor was not the parent of that system.
Infuriated by the national calamity, in which they were themselves great
sufferers, the Commons impeached the Chancellor, charging him with high
crimes and misdemeanors, of which the peers unanimously declared him
guilty. In this famous trial the great fact established against his
lordship was that he had sold masterships to the defaulters. It appeared
that he had not only sold the places, but had stood out for very high
prices; the inference being, that in consideration of these large sums
he had left the purchasers without the supervision usually exercised by
Chancellors over such officers, and had connived at the practices which
had been followed by ruinous results. To this it was replied, that if
the Chancellor had sold the places at higher prices than his
predecessors, he had done so because the places had become much more
valuable; that at the worst he had but sold them to the highest bidder,
after the example of his precursors; that the inference was not
supported by any direct testimony.
Public-domain text, read in full here on John Shaqi.
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