Star. — London, England, 1806-06-19 00:00:00

or not. There were two other refolutions which were the neeefrari conlequences of trial by Jury. One was, that the Court of Seffion might remit the caufe to be tried aapthe Circuits : the other was, that they ihntld have a pow., to let afide vet diffs in cafe of a enifdireffion, or 1/tidies contrary to evidence, or con trary to the opinion of the Judge. The next general head was the power of renewing the judgments of inferior Courts. A practice prevailed in the Courts Of Scotland which was productive of great inconve nience. It was, that the judgment of an inferior Court could not be brought before the &Rion, except by an intermediate tootle. which anfwered no other purpofe than the delay of jutlice, and no radical advantage mold arife from it. It was, therefore. propofed, that the cootie of proceeding fboold be extended from the Court of jufticiary to the Coon of ROGAN and Appeals from the inferior Courts were to go before the Court of &Mon.— The next queßion was the reviewipg the judgments of inferior Courts. Any of thefe might be brought be fore the Judges of the Court of &Mon. Judgment was to be reviewed by the Court of Appeal, and from that Court alone could the cattle come before the Houle of Lords. Id ike.Coon the parties appealing were to have a printed flateinent of their cafe. From all !here regulations he had no hefitation in frying. that the greateft advantages would arife to Scotland. There was then to be no appeal except from the Chamber of Review. and that only from final • id menu This intermediate Court of Appeal would greatly diminifh the appeals before Parliament. &fides the checks already Rated rerpeffing appeals, he propofed • that the fame rule fhould take place ref - paling inter locutory judgments. They might be confined to the Chamber of review of that Houle. The next point to which he Ihould call the attention of the Houle, was the granting of cogs in cafes of vexatious ap peals. This was a point on which he did not now mean to propofe any refolution, but to which he with ed their Lordfhips to turn their minds. Many caufes were brought before that Houle without Any hope of ultimate tuccefs. The . appellant merely fought t:i gain a certain advantage by delay, and that was his only °Diet% This praffice could only be done away by living larger colts in future. In many cafes in deed, no extent of colts could be a remedy again this evil. But this might be adopted, that when the Court agreed, the parties about to appeal ffiould give feeinity that in cafe of the reverfal of the decree they Arnold indemnify the other party for the expellee and trouble they put them to. The mote he confident' I this fubjefr, the lefs difficulty he law in it, and die snore did it appear likely to promote the ends ergo& I tin. He would not recommend the immediate adoption of this plan refpeffing torts. The neat matter he had to Rate was one of detail, but of great importance. It was, that in all appeals the whole of the proceedings lhcnld be extracted from the re cords of the courts, in order to rave the expence which parties were put to. After feveral other Rate mints on collateral points of law, his Lordfhip ob (erred, that no farther prdceedings na this fahjea lhould be adopted during ehe prefent (*Son, than that of laying the propofitions before Parliament. But next &Mon. a bill &meld be introduced upon them. His Lordlhip then moved his &ft Refolution, which was to this effect — " That, confidering the great increafe of agricultural and commercial improve enenu, together with the increafe of wealth in Scot land for fume years pail, and the confequent increafe in the number of appeals from that country, it be. came neceffary for Parliament to adopt tome mealom that Rsould tend to diusiniffi the number of flare appeals." The other refolutions were framed AC. cording to the Gateman of the Noble Lord. Lord HAWKESBURY raid, he tore not for the purpofe of snaking any objellion to the propolitions brought forward by the Noble Lord ; but. on the contrary. to expref. his entire approbation of them. He, at the fame time, thought ti neceffary to Rates that a fimilar plan had been refolved on by a late Right Honourable Friend of his, by his Noble and Learned Friend who lately prefided in that Houle, and Madill: They had refolved upon altering the Scotch Laws, but in fume refpnla differed from the plan now propofed. Here his Lordlhip entered into some detail upon the plan now offered to the Houle. The Duke of moNTROSE (poke in favour of the prnpodtions. The LORD CHANCELI.OR raid he did not mean to trelpafs one moment oo the time of the Houk. He thought he Would flew a coldnefs for the inure* of a country that wu dear to him if he did not rife to exprefs his fatidatlion at what was row propcied, and his gratitude to his Noble Friend for the great and met ffary meafure he had offered to the ceofideration of the Houle. The plan of the Noble Lord was pregnant with benefit to every part of the kingdom. The propofitions were then agreed to, and ordered to lit on the table. At half pall eight the Houle adjourned till to.mnr. vow, when their Lordfhips nand lummoned for tl • further confideration of the cafe of Mr. Plaice Fos. 1 HOUSE OF COMMONS. The Mary-la-biome Paving, Minting, and lighting Bill was reed a third rime, paled, and ordered to the Lords. I he Houk misdeed Into a Committee on the AtUffrd Taxes NM which. poultrant to an in*ruction mooed to the Coonsk ins, wu divided into two. It was reported forthwith, ordered to be prillts4, Acid taken Lido further cimildcration on Friday neat. Ori the motion of Mr. NIVINIIHAIII, dre 'mg-tiding:ma nude t.y the Nook of Lords in the Mutiny Bill were taken into t wistleratiuu, and agreed to, and an intimation thereof feet to the Lord. IIOHN NFWPORT prefented • BiU (or appointing COM• ntitioners to inveitigate the fonds, Revenues, and AbelAb l a or the Eadowed Pubic !School. in Ireland. Read the Brit time, asol or dered for the I. (wad reading on Friday nen. 1 be Gibraltar and Malta Pottage lUU, and the Irifh Mine Bill, went thrones a Committee : to be reported to-morrow. Read a keeled rime, nod committed for Friday, the Irifis Ca pent and Import truly Confo 11411. Mr. VANS! ['TART gave notice, that the Army Fltraordina narks would be moved In the Committee of Supply on Friday. Read a third time and pallid. the bilk Pod Road bill. Colo el BASTARD rowed for Copies of all Orders and Re gulations fur Yeomanry Caviary, Kurd Suer Elie ad of Febru• ary. :14-6, by the Stcretary of State or the Scents,ey at Wilf.• orjaed. STACII COICNIS. Sir JOHN SINCLAIR fisted, that from the Re port he held in his band of the Committee appointed ermine into the leveret Ads t el,tive to the re. gulation of Stage Coaches, it appeared, that almoß numbetlefs lerious mifehie(s and grie%anccs were flail) entailed on the pudic, in confcquince of the pots and Blameful evaGon of the raid Ails ; that the hill Ad, commonly called Mr. Gammon's All, had provided what were then thought fufficicntly Oren regulations, ►o prevent the many dreadful accidents, which daily °centred from the overloading Stage Coaches with outride parfetigers t thole regulai,ons were now however rendered unavailable, by various methods hit upon to evade and defeat their intended purple+, and the Committee had been informed, that within the two lag days a Stage Coach had from thole caufes been overtu►ncd, and two perfons were, in cunfequence thereof, killed. Tl:e Committee hoped, neverthelefs, that Inch regulations might gill be made as would remedy thole grievances, if a new Mt was paled for the purpofe of amending the laid Ad ; and had, therefore, authorifed him to move for leave to bring in a Bill to that cffc& The Ad of the King was then entered as read. and he moved, " that leave be given to bring in a Bill for al tering and amending the Paid Ad."—Granted. 1111. PoTT'll MISTS. Lord FOLKESTONE, teeing the Noble Chan cellor of the Exchequer in his place, rofe to require rime information upou a fubjefi not unimportant.— It would, he laid, be in the reeolleffion of the Houle, that a turn of 40,c001. was Some time Since voted for paying off the debts of the late Right Hon. Chancel lor of the Exchequer. In looking over, a Short time ' ago, the various fume of money advanced by his Najd's% orders from the Civil Lin, in confequence of Addreffes from this Houle, and not yet made good, he nbferved that a fum of 41,0001. tos. had been advanced to Lord Chatham and the Lordßithnp of Lincoln, as the Executors of the late Mr. Pitt. for that purpofe. It was necagary, then. that fume ex planation Should be gives.em the advance of ate fur. plus furn beyond wisat-the Houle had voted; and be therefore moved, "that there be laid before the Hours a copy of the Order for payment of the (asst."— Ordered accordinlgy. wasczyts Witt r. Lord TEMPLE moved the order of the day for taking intocoolideration the charge againtl the Mar quis Wender. Mr. PAULI. moved, that the Houfe thould now take the charge into confideratioa. Mr. BANKS laid, he believed the time was now come when it would be molt convenient for him to date the reafons why, in his opinion, the Houle &mild proceed no further in this matter, but diftnifs it en tirely from their confideration. In endeavouring to p:rfussle the Houk to concur with him, he did not know that mote would be required from him than to (hew that the courfe prnpn(ed was of a kind that pre tended to bring a charge before a tribunal which could not poffibly difpofe of it according to junk& It would lead the Houle to the adoption of a prece dent, of which only one inftance had occurred in the criminal jutifinudence of the et mar ry —a precedent.he th tight, which no man ought to defire to fee renewed. It would be his °llea to (hew, that there was a mode by which matters of this fort could and ought to be profecuted. The leginaturc,confcious of its inability to difcliarge ditties of this natqte, and feting how is. applicable the forms of parliamentary proceedive were to filch cafe', had fpecially provided a mo d e trying all offences committed in India. In advert to the forme judicial power of Parliament he wi to (peak of it with all pollible refpelt and venerates. It had been attended wick the snoft falutary and be neficial conliquences, and but for the eurcife of the power, the country might not have enjoyed its liber.' ties, and the fecutity it was in poffeffion of, for the; continuance of them. But it was an curdle of power that ought to be fubjea to around and wife difcretion, and, though in theory, the canto:out of loch offences as were contained in this charge refit:led in Parlisaiic yet there were cafes which it might be injudicious ii bring before this Houfe, or carry as matter of aces filial to the other Houk. This was a cafe he coo. fidere4 analogous to the one which had for (eves felficesevesened the attention of the Houle of Lord% he mem the Impeachment of Mr. Hallings. charges againa the Marquis of Wellethy were fish. nutted to the fame tribunal, he feared the delay would be of equal duration. It involved the whole of the tranfaaions and the political and commercial rela tions of the extenfive province of Oude for the lad luny years, with the aihnioidration of the Covers ment of the Marquis of Welleney foe the Taft five years—the foundation of the Charge was, that the Noble Marquis had let out with a determination to fubvert the Government and rights of the Nabob ; and that, in confequence of his tuitions and °pref• lions, the country was put into loch a (tate, that many of the landholders rofe in rebellion. The more corn• plicated the cafe was, the more it became Parliament to confider whether it was fit fur them to deal wigs it, or to give any opinion whatever. It fliould tie reconciled, that it was a tribunal which, shout* it might nut bring punithment to guilt, could not fail to bring vexation upon innocence..-4 profecntion before the Houfe of Lords was attended with an eapence ruinous to the fortune of the accufed. He proceeded to refer to the India Judicature Alt, under which, he contended, it was competent to sty the Noble Marquis for offences imputed to him. The first Rep taken under that Alt would be to apply to the Court of King's Bench. The Court would eau cife its judgment in the firli ioftance, as to entertain ing the complaint, or dilmiffing it altogether. This he looked upon to be a wile and falutary regulation. The Court of King's Bench confined of melons like ly to be qualified to judge of any cafe that could pdf• libly come before them, whatever reference it might have to contiderations of a political nature. He then Rated the cafe of Mr. Holland, which was brought before the Court of King's Bench, under the India Judicature Att. All the charges agoinft him were of a public name. They embraced the general po. litical condo& of one of the fervants of the India Company. Many of the charges had been dibillo wed; but that was merely on account of the omiffion of certain neceffirry allegations. Upon that occaGon Lord Kenyon had expelled his (invite that the *dual allegations of form had not been attended to. Th e chat ses contained nineteen counts, of which (even were difmiffed, and twelve allowed. A Writ of Error was brought with a view to eftablith thoti counts which had been difollowed ; but in the mean time Mr. Holland ablconded, and no farther progrefs was made in the bufinefs. He withed the Hook to confider, whether it would not be by far the better' way to difmifs the Charge, and leave it to the ope ration of the India Judicature Bill ? He was aware that it was natural for innocence to cuurt enquiry, and that the Noble Marquis was anxious to have his conduit? invelligated ; but he was of opinion, that nei. thcr the witbes of the Noble Marquis, or his friends. ought to induce the Houk to involve itfelf in a pro-' cuffing which widd be difcteditable to the jußice and wildom of Parliament. The MASTER of the ROLLS obferved, that the cousie which his Hon. Friend had potholed to the Houfe to poring, was certainly calculated to flatter their indolence; and, for his part, he &mild have been glad could it have been adopted with propriety. It would certainly relieve the Houfe from a burden of which all mull be fenfible. But he thought, that the principles and arguments of his Hon. Friend went ton far, and would eventually trench upou thole in. qtrifitorial powers which belonged to the Houfe, to enquire into charges of magnitude brought spina perfons of high dignity. In matte's of this kind, we mull be content to follow the principles of our enter tors. His Hon. Friend had laid, that impeachment Ibould only be reforted to in cafes of the laft suet': kr. But it was by no means certain this would proceed the length of impeachment. The charge alone was now propofed to be taken into confiders, lion, and it would be afterwards for the Houfe to de cide what coo& fhould be followed, when that was gone throngh. With regard to the particular mode of trial which he recommended. it could not. ft•m the inttance which he had mentioned, be confidered as likely to be very expeditious. In 1704 the infor mation was bled againit Mr. Holland, and it was not b e f ore 1794 that the Court of King's Bench had de cided on the form of information to be laid before the tribunal to be appointed under the A. All the neeeffary fulikquent proceedings upon this informs. filth were afterwards to take place. This mode, therefore, did not promife much mote expedition than that by impeachment. His Hon. Friend had Rated a doubt, whether the prefent charge could be brought under the MI in glut' ha. That Aft empower-, ed the lot oration of a tribunal fur the trial of extortion and other mildcmcanors ; and it was rational to ex plain the general words, " other mifilemcanors," as referring to effendi of a fimilar or an inferior na ture, time higher offences mull have been fpeciEed, in preference to thofe of a minor kind, had it been defigned to include them. His Hon. Friend's doubt, therefore, appeared perfealy well founded, and he himielf was convinced. that the AA had no reference to thole higher political offences with which the No ble Lord was charged, and that therefore the trial of the charge could not be intlituted under the Aa in queßion. It mull he confeffed, indeed, that the of fences with which Mr. Holland was charged: were of a political nature, and that the opinion of Lord Kenyon was of high authority, but Rill he might be permitted to doubt the interpretation which was then put spore the A& It appeared to him, that the Houfe could not drop their proceedings in the precast. inllance. They bad agreed to take the charge into confideration, and they could not psis from the vote they had already given. He wifbed that his Ho. nourable Friend had offered his fuggeltion at an earlier period. For a whole year, the (Oka had been before the Houle ; papers had been moved for day after day, and the nature of the charge had been, in fume meanie, explained to the Houfe. It was ob vious that it related to the adminiaration of the Noble Lord in India. When it was mowed that the Houle amid take the charge into confideration, then would have been die proper time for bringing forward .the preterit motion. But now the Houfe were in circa called span to declare that they were in an error, and to fay, that, though they had refulved to take the charge into confideration, they would now give no opinion at all on the fubjea, nor come to any deb . urination with regard to what &cold follow. It ap peared to him, that the prefent motion would do jut tice neither to the scarier nor the secured. Suppohng the accufer to be aauated by malice. which he had no reafon to prefurne, thould the Indent motion b e agreed to, he might congratulate hinailf on having gained his nailed, by exciting doubts in the public mind with regard Or the conduh of the Noble Lord, and throwing a Ihade over his charaCter which it might be difficult to remove. No opportunity would be given for the accufed bring heard in his own defence. The whole charge would be lefe to be difeuffed in a newt paper controverly, and fuck was certainly not the proper way for deciding it. Neither would juflice be done to the accufer. After fo long perplexing him Cell with papers and enquiry, after giving and taking fo much trouble, it would not be fair to drop the matter at once, without coming to any determination upon it. But the Houfe had already palled a ref Au. tion to take the charge into confideratinn. The min ter might be poliponed, but it could not be relin. , 1 quithed. It did not appear that this bulthels could occupy much of the time of the Houle. The papers on which the charge was founded had long been printed, and it would not be difficult for any Gentle man to form an opinion on the Intik& Should the •motion be agreed to, the Houfe would be confidered as having, in fume meafure, rclinquitbcd its inquifi. tot ial power, and as haring declared itfelf inadequate to fuch inquiries. Such was the coocluirun which be thought the public would naturally draw. Mr. Secretary FOX laid, that it mutt undoubtedly be the with both of the friends of the Noble Margets and of his accufers. that the fubjea lhould have the fulled coafideration, and at the fame time, that the Houk Should proceed to the decifion of the godlier' with as little delay as poflible. If the bufinefs were, bowed. ' to go on in the way that was now pointed out, the Hoot,: would be 6,0 n under the necetlity of confidering whether Come mode could not be adopted ' for quickening the final determination upon the quel. titan? If the Houk were now to enter upon the demi nation of oral evidence, and that oral evidence wete to take up oly thing near the time that is %dually confumed in itch domination:, it would be evidently Impoffible to done to the conclusion of the bathe& in the cootie of the prefent faun. When lie Paid it was impoffible, he knew that it would be in the power of the Crown to ptcotalt the duration of the Sefton fo long as there would be time for fitrilhing it ; but then it would be abfulutely impoffible to keep together loch a number of Members as would fecure an at. tendairee ' inch as the importance at the fubjea, or ! even the forms of the Hook would require. It there-' foie on the prelim occolion he waited to abtloin from ' the labour that was before the Houfe,it was not from any with to (pare himfell the fatigue of attending, but merely from the diffitoilty there would be, in t h is ad rancid period of the feffion, to obtain a full atten- dance of that Hoofs. lie erect with a 4reAt deal of what had fallen from the Honourable and !.earn:.' Gentleman, and who had exprerbly recognized tl - right of the Huufe to ezercife as inquititorial pow: in whatever manner it Gould judge moil proper. A to the power of impeachment in general, be confiderc (' it as a vital principle of the Conaitution, bet in th, medical application of it he thought it was belt pre fervid by being warily exercifed: He would not fay, that there might not he offences committed in India which would be proper rubjeds of profecution by im peachment, but kw Gould be agetnk that mode of proceeding, mild he thought it neccffary to melon the honour of the Crown and of the country, The Learned Gentleman who (poke lath famed to confi der that the great mars of voluminous pa which were moved for made a foleson and i Java tigation more peculiarly weary. The Grime manner in which the charge was introduced, sad she mars of papers that were moved for to fupport it, might certainly render fame re pmeillid manner meefferY ; l at but then the Houfe we to judge in whathmannerhe proceedings, which were necerrary, might at tht fame time be as little burthenfoene as polfi*. In kis opinion, the Houfe wets only pledged to ester into the bufinefs as (son as it was convenient so them..— They were not abfolutely bound to eatertaia the chair. The bringing in a chary was a matter for which only the individual Member who introduced it was refpoofible. The Hone was no party to k. There was one part of the charge which he thought much too general. When "extortion and other atifileates noun" were mentioned, be Gould be glad to know whether shore general ezpreiGoss meant that any coif demeanours of a leffer nature Garold be examined under that charge. As to the cafe of Mr. Holland, which bad been mentioned, the offence there was of a nature purely political. In the prefent cafe, if any proceediugs Gould become nemffaxy, be thOught they (bould :e carried oa before the tribunal.appoint ed by the Ads of 1784 and 1786. As ro impeach ment, he was as determined to vote spina it, from the prefint impreffion on his mind, as any man could be who was MU difpofed to bear, with patience and attention, what arguments might hereafter be brought forward, but which had not migh t been Rated.— He did confider that impeachment upon fulsjeds of Indian Adminiflration, or any other tranfadicins of a very complicated nature, was a hopclefs mode of proceeding. He did not at all mean to !peak flight ingly of the trial by impeachment, nor of the Tribe nal before whom loch qaellions were deeided; but he had learned fro, experience, that fobjeds of a very complicated nature mold not well be invefligated in that manner. He had hinsfelr formerly &deiced the im peachment again(! Mr. Hall ins., butlong before it was &tidied be changed bis'opinion upon the fubjed. Eves fuppofing it Gould be the opinion of the Wolfe that the Noble perfon spina whom the recent ch arg e was brought had grofily milcondufted himfelf, i s Z not follow upon that annum that impeachment was the proper proceeding. It might be rufficient for the Hour. to declare its opinion by a refolution. If the oral evidence that was now to be brought before the Houle Gould occupy any time, the only mode that he could then fuggell for thortening the bonne, would be, for the Houle to rectifies an entire day to the fubjed. and come down at elute or twelve o'clock in the morning. The only rodeo that he felt a de. licacy in propofing this was. that it was abidingly imprilible, from the &nation be held, that be could attend the Houfe at thore boors, sad he did not like the appearance of flaying away while thofe charges were under conaaerauon. As fosse expedition was however held our, that the oral evidence would not Lilt long, it might be the better way to proceed in it Ewa day or two in the regular ilisciler ; but if it Gould then become evident, that it would take up mete time than the Honourable Gentleman (Mr. Paul) fup. poled, then the Houfe mull con fi der fame mode of bringing the Winer' to a more rpeedy Me as it could not be the will of the Honourable Gen;kman who brought the &minion, or of the friends of the Noble Lord who was the object of it, that the bufinefs lhonld be delayed beyond the parent &Goa The Tuition was theft put and agreed to, sad, on the motion of Mr. PAUL, the Hours refolved it(elf into a Committee, to confider of the charge, Lord Folknone in the chair.—The Chairman tint &tired the Strjeant to call Lord Teigoneuth. Mr. PAUL then raid a few words, relative to the inttoduaton of a nowt hand writer. The SPEAKER laid, that purfnant to the prac tice of the Houle, it was not ufual to make a motion on the fubjed ; but the clerk, on an tinderdanding, would do his duty. Lord MONMOUTH then having appeased at the infide of the Bar, the Chairman Paid—" My Lord, there is a Chair for your L,ortilltip to repute on, if you think proper." Mr. PAUL immediately rote, and proceeded to interrogate his Lordlhip. with refpea to tran!aetions in India, from the period of hi. appointment to the pod of Govertor General. A quettion being put to the Noble Lord, with refpea to the ()pinion he en tertained of certain treatie., which had been meted into with the native Princes— Mr. GAItROW rule, and laid, that -whatever cpsettions were afked fliould merely relate to teas. He apprehended that the opinion of the Noble Lord, with regard to written documents, could not, with propriety, be afked; as the opinion the Houle fh Atld entertain, would be belt known from the treaties themfelves. Mr. PAUL laid, if he was not allowed so put the queflinn, a part of his charge mutt remain without proof. Mr. GARROW laid, the only mode the Houma. able Gentleman could pusfue. was firil to prove the fan, and then to produce the peaty, to thew in %%Lai: manner it was broken. Mr, JOHNSI'ONE did not think the Honourable Gentleman (Mr. Paul) would find hinifilf in any difficulty, as he could ark whether any demand was made on the Vizier, in confequence of additional troops ? Mr. PAUL then proceeded with the examination. Upon the quellion—'. If the I`4:4l>ob h.td ma,* fottible reprefintation of the conduiff of the a cJidcut Mr. Cherry), for improper interference. would your Lordfhip have thought yourfelljultified in continuing him at Lueknow ?" Lol.l Tamara.; vim was about to read, horn a paper, which he held in ht hand t wten k.:411 TENII'LIi liqgrd the Noble ‘Vitnefs might withdraw. He then fuhntitted to the Houle, whetl.cr it WAS proper the Noble Lxd Would read hii rei ly