The Statesman. — London, England, 1823-06-18 00:00:00

:,~ .~ . I 'S. , rin. He regretted that he could not treat the queer on as an abstract one, but he would endeavour to give s little offence as in his power. He would not_ tittle more than was necessary fir his case 1 for if lie did, his own feeling, nould be the best punishment for his unworthy conduct. It was quite clear that he wield not have any petty object in view, as the House was well aware that those with whom he bad the honour to act 0 ~.*:einearliehad a seat % would repel from thoLnigh..intlig.. ~. -nation ant- attempt froiiatny to make them' - fr parte to anekast object. 'lib; .ffelooked to the House on public ea ; Siples only—on therso.msioneterfallY bilerdwien by re 4., • .Imrke ; and in comiliance : with Omen, fees would call on . e . , , ellouse, as it rallied its•owa dignity, sot lightly to ~, -abandon an inquiry intasoberges affectiog the jedicial , litthotity. The Neceseity of Parliamentary-interference . , was.pointed out. he a referesie to a statute 'Willa had I .been much allielicho - it Was -perfectly ; 'clear that the e,.. etatute did not-give the 71644_ 7 . _*e,. lirlit• to their 'places during good behavionK •Ipitlinybel that before ; bit 3, • 'the etatt , te took witty tile power of granting patent's to Jhdeee during plennure. When he addressed the • • 'House heft re he 'mole a few observations on the Reports of the Committee, but at present fie would m. - rely re peat the leading facts of the case. The authorities on • the Subject were of historical notoriety, the first in die, .s. tirost of Lord Stafford. A Commission was next issued e.• in the rsign of Charles the Srtiel, which sets forth the very words which he embodied in his Resolutions, " that; • . ....the Making of improper fees was a dishonour to the King's Justice, and s grievance to the suitors ." Prom '-' that time to I i6S, the vitae complaints' hive been fre 7 ~ quently renened, and various attempts at redress also • simile. I n'l7lt3 a sitnilar complaint took place, and a onitniesion of the lmrds was appointed, who called on all persona to give in a list of fees. In the 4th of Geo. I. an Act wai passed eallintrfor a list of fees, and complain. ing of the departure (torn the ancient established fees, an I the illegal exactionilf new. These were the two . points on whir% Clement- the dipariOre from ancient • , liod,estahlished fees, and the illegal exaction of others.— ejessed.oo front that time to 1814, when a Right , ton, Friend, whose absence he regretted, hail also taken ..: al, the subject. On the discussion in 1814, it was ad • mimed by both sides of the House, that the question was 'Apse of the highest importance, arid the only objection • was that of expediency. The motion was, however, car ' Vied. and a Conimission issued, from the Reports . of • • *hreh the grounds of his motion were takeu. •It so. iAained to be Teen how the JioNse tumid act, anti •if the object of his RiNht Han. -Friend would yet be an-. swered . . Whether they would treat the reports of - their Commissioners as • pikes of , waste paper, or on the charge which they . aohtiin institute an inquiry. That Combission pensented their Report in IS2I, . end. thii Was the third Session in which the sub ject came before the Denise, so that no one ewtht complain. that sufficient time for deliberation was • not afforded. Having brought down the Reports of the' . Commissioners to the present day, he waited to see hoWthei House would deal with them. ,He wished' to see not only ' the charges against the Chief Baron, but the answer which Mat officer could sake to them. The Report of the Gera suissionem wee submitted to a Committee up stairs and their Report wawield on the table. By these Reports it ap peered that the Chief Baron had extended the old- fees, and, created new fees to the injury of the suitors. 'nil that he thereby violated his duty as a Judge of the Courf. It; was difficult to say what answer could be given to this chtrge.. I' it, was contended that aJudge had a right to increase fees at pleasure, then there was not ii word more to tc said on his part. Rot he contended that Such a positioe was not maintainable, and would contend that if a Judge did so 13.- v . ease his fees, the offence was indictable and punishable by 'the common law. If it were such an offenc... Share was a cave at-once mide cut for the interference of Parliament.— lie could distinguish the present case from many others. which he would not discuss. The case which he brought forward was that of a Judge—of one officer of a Court, without any authority of theCoart, extending old fees mot Imposing new. In the twenty•tesenth Financial Report he found tbese words :—" Fees in. a Court of Juatice should be. considered es so many direct taxes levied on his Ma jesty's Subjects for the apecific purpose of .Paying the charge of . the Officers of this Court: The old lair authorities went farther. Lord Coke stated, that, by the Statute of 'Edward the First, the Crown had no right to originate anl oftlee with fees, or give to au old office new fees, without the consent of Parliament. He would nett proceed to show abet theChlef Heron had exceeded his powers by taking' -those fees; and that, In doing so, he had dune wrong. On tire authority of Blackstone and Rawlins, the offence was dirtily tbit defined. 'Tile same principle was also enforced iitt 'the case of Lord Mreclestleld. The charges against the Chief Baton were comprised under four distinct heads, 1 which he would open to the House, then propose specific . , resolutions, and refer to evidence. The first charge was on the question of, a decree... When a case in the Court ofl Exchequer was brought In, it was set down for shearing, Wert Men iit neon fib wdecree was obtained. There ,were neaes: however. where a case was set down, but never went tollielength of a decree. It is Similar to the proceeding by Bill in the Mouse, which, though introduced, might not pass into a law. In the first place he took fees (Cr &ewes, *lnch weloo never made out; ant, secondly, he touk fees be fore they aw4re due. But what would surprise the House the most was, that he charged double fees for the same thine,... Avai.ing himself of the colour of his office, .he eherge:i.fees to which he was not legally entitled. But he illr..1111ce), might he asked, was the amount of the fees great or small', From the statements to which he had referred, ',Vetypeared tioit there Wits an augmentation of charges to . noao . 1 to the amount-of 14101. But he meant not to deal With Worley. but with principles. if he weld show to the Howse that the undue demand •of fees were part of - a opium, the sandiness of the sum was nothing.. In the Case of Jord - Melville, Mr. Whitbread slid that he cared lot for the amour.t of loss, as he looked only to the prin.; eiple...Part of the defence of the Chief Baron was, that 'fees were . taken as deposits. That was not the fact In ibis instance, fir no part of the money was ever renm nedl to the 3,14-ors. The assertion was not only not supported' by evidence, hut. was ebsolutely negatived by the state ' Merit of the Chief Baron. himself. The Chief Baron jeferred • to preceediogs where Judges had directed tees to be taken as precedents. lint in those cases the &one) , was given back to the suitors, and the contrary peactice resulted only, frim the misconduct of the officer of the Court. The Honourable Oentleman then went • into some devils to show that the Chief Baron had ' taken fees on decrees. where none had been made out, 'And charged double fees on decrees that had been made 'out. He cline now to the qwestion of writs, which ' . Were proceedings in the Court of Exchequer. There were two classes of ,writs, in one of which the Chief Baron was entitled, to tees, but not-on the other. How. eater, the present thief Baron immediately after his impointment eltarged fes on both chimes. The House were aware that the Chancellor of EXchequer was an officer of the COure ; hut he was nut authorised to affix his vial to any doennwitt without the consent of the residieg Judie.. Y. t the present Chief Baron seemed inclined out of courtesy I' dispense with this forMality, saying that the or• re soul i he given only by theelxna. Sure.. for ohieu, of e •urse, he wont' be entitled 'to a fee: But titre the Ilmse would obeervethat he 'otnitted ill. IliKtintitre, u foie he took the few. The •pkoposition be , maintained wee, that the Chief throb took ursine Wes to a consi4erahle antenna; Tataitlon of Costs was t e e fla ir point to wields be shouldattiert. • lliffs.ot CO M& qf a .p..riicular dgecripti,in were sr:vie out on the law eiile of the. Court of Excheapter. 'lice: late Lord'Veriei Rains Avoumnre signed every .bill uf . inits,...and reteiv , ed the;;fer, One advantage that remitted from . this pried & was that no lee* were paid mikes when the hills of gaits oft, actually . made out. But thestilsent We! lama itbsiidotirithe practice, and rinsed fees to he t a t te cen bills of . tlets, when 113 such Mlle .Were evej MOdeidut. icy ancient usage the ices given were olitrays Wilted to the number of bills examined and signed. Tbit.bystesi e at present was entirely sittled. - There - - • • • . .: ' • THE STATI was one cue anerejifi littlastit to coLlt she thin of thaiirlettpe. ;There w a n mice betweem,the Hpgltolt ad if Irish ettrriiicy of ne-thied per coif. The I Hawkweed iliyari that all contracts were made agrAblf to the currency of the country. When the Chief Baron 4oteeetkiskr hht ofier.lbere were f. es ebirßid as feat - him, which. In several of the offices, were paid is 'lrish' cermet?. 'Pg. Cook of , Exchequer war divided into .the Law side, the Revassme side, and the Equity side. In the Law side the charges were made out to English currency, and paid in Irish to the. Chief Baron. If any objection was taken. the difference was given to the offi cer who struck eat the diffetence. The Chief Baron aught to have introduced a uniform and regular'systein ; instead of which, were payments ought to be made in Irish currency, he directed that they should he made in the English, and rice versa. The statements now. made were from eases which he (Mr. Rice) was prepared to support by evidence. • He should be extremely sorry to misrepresent any thing. The Hon. Member then ad verted to the-Report of the Parliameetary Commission ers respecting the syitem adopted in the Courts of Law in Ireland, and contended that it was entitled to the greatest respect from the House. The Commissioners had acquitted theniaelves to the entire satisfaction of the country, and their -Report gave the best sanction to the present motion. ThcHouse ought not. therefore, to stop short, nor ought any Gentleman to say that the Commission knew nothing. about the matter. It should be recollected that all the Balls which had pass ed for altering the present system in the Courts of Law in Ireland were founded en the Report of three, very Commissioners. It was said by the 'Hon. and : Learned *Member for Oxford (Mr. Wetherell), that lie would, n it ' have proceeded on the Report alone, as he would hire required evidence. The Hon. and Learned Gentleman said there was no precedent for such a course ; but lie (Mr. Rice) maintained that there was. The proceeding in the case of Lord Macclesfield was founded solely on the Report of the Commissioners. At that time Sir Giles Oxenden grounded his motion on the Report o f the Commissioners, stating that ehosee•-existed in the Court of Chancery. Sir William Wyndham and Mr. Pulteney objected to the course, and the former said that the Re port was not sufficient without a Committee of Inquiry ; but his proposition for that purpose was negatived. foe same occurred in Lord Melville's ease, when Me. - Pitt said that it was one that ought to come before a Select' Committee. But Mr. Whitbread denied that the Report of the Commissioners was an ex-parte statement. He (Mr. Rice) insisted that.the Report, in. thepreseot case, was entitled to the greatest respect. A Statute bad been passed for abolishing fees in the Courts of Law in laud; but if the House did not interfere insuch instances as the present, the, late Acts would sfford no protection whatever. 'it was known that the officers took fers,in di-. rent contravention of the prohibition. Looking to the future from the experience of the pint. the people 'of Ire land could give Ministers no credit for Statutes ! µBac companied with decisive measures. He held in his hand a documeut from the Court of Exchequer, in which the Report of the Commissioners was judged sufficient to ground a proceeding against an officer of the Court. That officer hat ; in conselnence, been removed, andsnother appointed in his place. The individual to whom he al. hided was Mr. Pollock, the first, Deputy Clerk - of ,t_lae Pleas. The Hon. Gentleman then referred to the ! ceseof the lire Sergeant Runniegton, the Judge of the lesavent Debtors' Court in England, who had been removed for misconduct. lf, that individual was found guilty ender the' circumstances, stuedy the misconduct of the Chief Baron ought not to go unpunished, unless the House were prepared to maivige the monstrous proposition - that a person who preMd in an inferior Court ought . to ,be treated with more rigour than one who presided , IF. one of the highest Courts in the realm. Unless - they , were prepared to say that there should he one rate for Iceland an .l another for England, as was said in the was 4( Lord Coningsby and' it Charles Porter in the reign of :Wil liam 111. . He had now performed the dutyhe had ender taken in bringing this matter to issue. It was only jos tice to the Learned Judge himself that he should do eo,for no Judge on whose character so serious an imputation was cast, ought to continue in office. It was the pare mount duty of the (louse to see that the laws should be not only above reproach, bat above suspicion. The Hon. Member concluded by movinga series of Resolu tions, founded on the Report of the Commissioners incul , pacing the Chief Baron upon the several details in Ties tion. • • . The CHAIRMAN haring read the first Resolution, • . CaptairtollßADY'ream sad assured the Committee, that be nicer felt Alan embarrassment thaw on the pre sent occasion. He was but little accustomed to public speaking, and his embarrassment was now. the more in creased from having heard that on a former oceasion he was so unfortunate as to give offence to the late Chief Jnsticeof the Court of King's Bench in Ireland, by some thing he had said. It was not iu consonance either with his interest or inclination to sav any thing offensive to that Le trued Lord, for whose distinguished name ha entertained the highest respect. It was not unnatural for him, in such a case as the present, to refer to the sane tion of the Court of King's Bench in support of his ar igament : but in doing so he disclaimed the slightest idea of casting ant imputation whatever on the Learned IJudge who presided there. He (Capt. O'G.) hoped that the Chief Baron's 'defence conld be sitisfactorily established without any such means. It was impossible for him to describe the anxiety with which he had awaited this discussion. That anxiety was still more heightened when he considered the great disadvantage which the cause of the Chief Baron mast labour under, is tieing advocated by him .-414 ear, hear.)—He would have remained silent if he did not feel persuaded Oat tenth and justice had in them treater force than talents, however distinguished, could impart. He was not dis posed to refer to the forms and usages of Courts of Law, matters of which he could not he supposed to know much, he shonhl confine himself to the criminal charges which were alleged against the Chief Baron. lie was aware that in the relation in which he stood to the Chief Ba ron, he could not give an unbiassed opindon; he was sure that his feelings would render it impossible for him to do so, hut he trusted that those feelings would do hint no discredit with the Committee.—(Hear, hear.)—But at the sometime he must also caution the Committee not to be led away by the statement of the Hon. Gentleman who had hron„wht forward the charge; for without casting any imputation on his motives, he mast say, that he was not capable of coming to an unprejudiced conclusion on any thing that related to the Chief Baron. He desired that the House would . judge of the charges by them selves, independent of all other considerations, They were chiefly founded on the Ninth Report of the Cornmixistoners , :to inquire into the re , s taken in the Courts of Justice . in Ite!and. Those Cointnis•ionera disclaimed any intention of becoming the Chief Heron's accusers. It %venial be in 'the recollection of the House that, three years ago, be fore that Ninth ltrport was laid on the table, the Hon. Gentleman, as it' by the aid of prophecy, pruclaimml to tile House th'at such charges would be 'ironed against the Chief Baron. There were 'in the first instance eleven Resolutions, containing nine or ten charges; but on further inquiry an I examitivian those were sulase anently minced. But, like the hooks of the Roman Sy. oil, as. the number of the charges were diminished the value of those remaining increased in the estiniatari of the Hon. Geetlemon—(Hear, hear) —and af.er dive of th,,'m ttere entirely abandoned es untenable, the other four, were now 'revived with greeter impottaine'e, aid were embodied into twelve Resolutions. But the Coin. inissioneee. on whose Ninth and Kleventb . Reports, !bust charges were fonnticd, could not pet:net-to Ire govemd I. lls ;hose rules of evidence which. were necessary to oriii-., ~~ 'AN ... A mte.,lo.eireosatieu of this nature. 7 ' . ll** did not mean to Impugn timmonduct or character of ihoie comniissioners, Nut by the peculiar return of theiktudoiloos they must have haa a selection of witnesses to well as iselectina of , the questions they put to those witnesses—Ohar a hear) —without affording an Opportunity to the partY thereby itimugned 'to , cross-examine them or produce rebutting evidence. He reminded the House that the Chief Baron, was not charged in the body of the IL;port of the Com missioners, but the charges against him 'were con'ained 'in the A?peudix to the several. Reports comprehending the evidence. Lrt the House not forget the manner in which the Chief Baron was driven to his defence, is which be cleared away above one-half of the original charges. It could be no matter of surprise or of infe rence against him that he did not clear away all—be ap pealed to the House, considering that the Chief Baron had no opportunity of crossexamining the witnesses, ore _whose depositions those charges were made; whether it was not more a matter of surprise that he succeeded with', ages materials, in clearing awry even a part, that" that hi I did not refute the whole? He called the attention of thi House to the evidence, and to the proceedings en part of it, against other individuals implicated in those Reports. He took the case of Mr. Pojlock, who was chief clerk he that Court, because much stage effect was given to those charges in consequence of those proceedings against that' individual. He was tried on the charges and found* guilty; not on the evidence in the Reports, but by a re gular trial in the Ceti& of Exchequer, when witnesses were examined anditoss-examined, and counter-evidenct adduced ; and the result wile, that he was dismissed.- very. properly, from his office. Bet the next rpse to whiolelie called the particular attention of the House, was that ;A Sir James Hadbreith, who held another situation In the, Court. and who was likewise impugned by the Commit 'loners Reports. 11. was put on lostrialornd after thee fullest investigation he otta,,acqnitted, so that if those Were found to be trim 'in one case, they were as urn , pnlously dieproviel iii Op other case, in which they had' completely failed—eer. ;agar.)—The Report of the l Commissioners, ther efore, woe not sufficient evidence tr ground on ItA criminatnry charge against &Judge, o ith out giving hbn an opportunity of being heard. The Chief Baron had .given up a better situation in order to ge: on the nßench, in whirls he succeeded Lord AYOl= more—as great a man u that country could bout' of, and a man that was too far idiots his praise. Bel a remissness, however, which sees incidental to Vette' men, he suffered" the offieeri; of his toter 'tit - teke renter fees than were - before allowohle. By his Op; cutout illness also. and • tardy recovery, great armies, accumulated in his Court. It was in that situation the Chief Baron came to preside in the Court, and it ices out of thom'circoinstances that the present charges aro o.! It was no; all at once he would wake bitnr•lf acqtrainthl with all the allowed fees and charges of office. He had to' r out the o ffi cers, who before were on fees, in• possession of their legal rights. lie with confidence stp. pealed to those Hon. Gentlemen in the house, who were acquainted with the Courts of Law in Ireland, whe'her the arrangements then made by the Chief B won were nut equally useful to the bar and to the public, to the advdcates tp well as to the clients. How were the up- Lames in' which the Chief .0 .ron was now inculpated? If Ire made an increase in,io.ne chorrs, it was f*r the. public convenience , and belwiged to toll that he relin quished (Aber charges Altogether. lie called on the Cuscunlttes - to east their. eyes over those charges; one of tl.etu regarded the Bills of Cost, another was found ed oil the signing of writs. The next charge regarded the p. .11i. Those were made the foundation of a crimi nal a barge against the: Chief Baron individually, al thongh the other Judgeis dill the rains. The error, if error I t was, was a common one, and at least the same indulgt rice ought to he ext-nded to all. Ile did n d deny ti at abases did exist in so tse of the offices of the Court; but , hb denied that the Chief Baron had any knowle4 go of them: The II so.Gentlernan (Mr. S. Bice) heti at p,resent onsitted.the charge about the decrees, end he (Mr. O'Grady) would accordingly pass it over.— The !loft. Gentleman then read extracts from the Re ports, and contended that the Chief Baror. proved in his defenceth it he went by the book of 1731, sta'ing the fees that were received by immemorial usage. at th defence he pet fords at least grounds snffirient to prevent the House from firing on him the severest censure that Palliantent entald inflict. To all the charges be pleaded the law and immemorial usage of the Court. But he would suppose, though it was not on that he rested his defence, that the Chief Raron had to create more l fees in conjun.ution with the other Judges for the payment I of the officers of the Court ; would he not have the sanction of his predecessors for the last 100 years? That was not his line of defence. though lie thought.it might be a g*od one. In the Fifth Revert the Commissioners declared in what cases the Judges might grant new fees. They said "we do not take on osrselves to judge; but it appears to us that I the usage of striking new tables of fees had lasted for the last Joe years." Ile mentioned that es a possible line of defence, but he ditl not avail himself of it. These arrange- meets were made 15 years ago, when the Cnief Baron was raised to the bench ; and if abuses existed in them, they were now done away. That the House, therefore, should take a retrospective view of those abuses, which was of no• interest to the public, es they no longer existed.—(Hear, bear.) lie had reason to complain of delay in bringing for ward of those charges•which were kept menacing a Judge for three successive Sessions, daring which time attempts were made to increase and to support them by all possible means. if those charges were to be made in Ireland he need not have taken the trouble of a lengthened defence, be cause the Chief Baron's character was known, and it was! there be - hod oftelfreeelved praise for his long and laborious services. lie **mild leave the charges with the Committee. who he was sure would give the Chief Baron credit for his services for eighteen years that he sat on the bench. He was sure they would not, by a criminal charge supported like the present. sully the administration of justice in the person of a Judge, wha as well as all other Magistrates,. especially In the admitestratlon of justice in Ireland, should have the protection of Parliament. The first, second, and third Resiolutions were then put by the Chairman, seriatim,andagreed to. On the fottrth Resolution, Mr. HUTCHINSON said he did not think the Committee in a state to press a censure on the Chief Baron. If his Hon. Friend (Mr . Rice) were de termined to tako the judgme-t of the House, it would be his duty to institute su-lt a •eoorse as would bring the Chief Baron, to the Bat of the Heine before he could proceed to 4. sentence_ which would hurl him from the bench in Ireland, Illeither himself, nor, he believed, the Ccintuitteri were pre,vred, as men of honour, to cast a sen tence of condemnation on the Chief Baron. They were not natileienly let:witted-oft y had nA saftHent knowledge.— The three Resolutions to which the Committee assented, were Resulntions of fact—matters of cnurse—assertions of Bret principles —hut the present Resolution went to Con demn the conduct of the Chief Anion, and that the Com mittee ought not to do withoet evidence and the presence of the Chief Heron himself. Ile should also be acquainted with the questions of fees in the Courts of Westtnioster; and with Inc right of taking them, before he could CondeMn nne of the most diAinpiished Judoes•in the Irish Courts for the last eighteen years. Ile was still hound to presume the Ctiirf Baron to he en honourable and an !vastest man. Let another process be instituted, and be was content to sit in a solemn proceeding fir month after month, but he would net , 1 ceridemn a Judge or any other person unheard. He witeld rather move the previous question. The CtIAIRSI AN said that, the Honourable Member could nut move the previous question in a Connaittee. If fie wished the Committee to route t> no vote on tne Reso lotion. the Hen. Member might move that the Chairman r leave the Chair. TheSOLICITOIt-lf EN BRAT. said that, though•he was one cattle Comm.:tee appointed by the House un the Reports of - the Commissioners, he was not able •to give ?roper attendance. ' was, therefore, unable to say shat conebision he would (omen) if he heard all the eel denim before that Committee. lie, however, reminded ,N A - i Committees, i e c o o t 11:: lion.ed tia t Gen tl em an was l' figi irelair:t°lolr the lion. Gentle man of the unfairness of the prolmeding; o b f y t t w h o ose su c cees onu sf After the Remy rt of the Commissioners, and the opinions lowed those up by two other Resolutions, not suggested 3 ye ittee well as unfair. The reports of the Conamlasioners were founded on ti to testimony of witnesses whom the Chief Baron bad tat topportnnity of crossmrernining,ov of an. tradicting I. counteuevidence. To, conienin him now on those chi rg-3, and unheard, was as unjust as it was ttnebristitud en.ll. The Chief Baron ought to have an op. .p tim or i tu i l o it a y st ef . f repe wh l ie li n n e e m t r ho p se oli c o lr ic rg w eir as b be ra fo u r g e h t t h h e t Gout of El icelregner, was the evidence of those Reports taken in si ippon of the accusation ? Certainly not ;•blit he was elbowed to eell witnesses againsi the charges, which, ho wever, at length were affirmed, and he was, found gWilty. Sirjames Galbreith had the sante °ppm.- funky ;Vie question was investigated in a way usual in Venni of justice, and the result was that he was acquit ted of file charges. Ii was fair to infer that theCoinwit. tee world Mlle to a similar conclusion if they had beard ervideut et on the other side. He celled the attention of the Co mmittee to the Report, and to the return of the • chargt.ts. It was said that the Chief Baron hail increased the fe es on the swearing of affi I Arita. It was supposed that as the otficer who took those fees was a relation of !tie ( the Chief Berme.), an . I that he slid indirectly put in. to titiOsirnifneket a part of those fees But on further ior isdigatiOW,that charge was found not to be supported, anif 13t seas accordingly abandoned. This eas the nature of it. ..The 'charge for swearing affidavits in. Court wl:s isi sd. each, but at the Judges' Louses it was or sly is. • The Judges, supposing that the attorneys w mild go with all thaitc affidavits to their houses, on a imount of the differenee' of the charge,' azreed toge. they in ripen Court, to raise the fees and elle ilia,, thew.. This was a public matter; and the profits from the in. crease were not confined to the Clilitf Baron. This charge Was abandoned, but still it was material for the Committee to see how those charges stood. The next, which .was also abandoned, respected the Commission ers for taking affidavits. By the book of 1734, Is. we e allowed; hnt the Chief Biiron, with the other Barons raised it to Is. sd. So the Chief Baron got five far things more than lie was in'itled to bithe old usage; but he lost more than that by the regulation. The Om matte had decided that that charge could net be allele. ed ; and therefore, the Honourable Gentlemen h 4 properly ahandond it. The 'text charge in the Report of 1321 was that of a mere clerical error. With revert to the charge in the resolutiou before the Home, the Committee had made no decision. They cettoinly did nut negative, bat they did nut ter the length of affirm. ing it. They state c rtaim facts on one side, the Chiet Baron denied them on the other, and • hew *as the House, in such a case, without more inthiedation, to the ride between them? Who could say, on their Lonon that the Chief Baron, was guilty, or who could delibe rately agree to a resolution of the lion. tier - Alen" which implied the guilt without further inquiry? And lie (the Solicitor General) had given it the most snivels attention, and he could conscientiously state that he etas' not prepared from it to form an accurate kid:re...tit. "Ile did not mean to say that there was no •cherge against' the Chief Baron, hut be would not nay that there was a charge which, ,:id not admit an explanation, nub regaid to one point, that of the taxation of costs. The Kew: , said that the Chief Baron altered theensial.cnstom of I signing writs, and.bills of cost, and signed the writs for taxation only, charging on that the disable fee. if thist ' MU wrong, nine tenths of the fees taken in Westminster Mill would be illegal. He was even reminded that Load Avonmore in Ireland followed the same practice. It was however, admitted, that fees on costs were taken, where the writ • it texatrun did not issue ; b;:t. the Chief Baron alleges it was done. in mist Ile., a 1 i that lie WAA not a party to it. The fees were cett dilly paid over t o him, but it did not appear that there was riot any dere! by which he could know that they were illegally talte4 After a few further remark., the Learned Gentleman said he would move the previous question ; but after a short explanation between him and Mr. C. liutchinein. lie concluded by moving that the Chairman do leave tic Chair. Mr: Tlptsgy said he felt great diffvul!y in the tare he had to give. He was totally at • loss to know what the object of the' learned . Gentleman was, as the course he pursued woe that which alone would prevent the an swer of'the Chief Baron being heard. In the case of Lord Melville there was an interval given, which tie availed himself of and came before tile bar flitter Honse. 'lf sat li a mode mould be pointed oust, by which the Chief Baron could avail himself of the same means of defeiwe, he nouhf readily agree that the solijcct 'tumid ha put off for anOffier Session. He begged to he understood as not giving any opinion on the case, until he more hely heard all its bearings. The SOLICITOR GENERAL and Mr. C. a. HUT. CHINSON explained. Mr. TIERNEY again rose to say, that he would agree to pass the Resolutions and then stop, and wait to seo'if the Chief Baron applied for a hearing. If he did not do se, it would be an obvious admission of the facts, The Resolutions might be agreed to without any pledge from the House, as they arose out of matters contained in a Report of its Committee. Mr. CANNING said lie would not vofe for the amend. !tient, as it would be construed into a wish to get rid of the question. If he arereed to the Resoletion, he might do so in onesense, in its initiatory words only, referred to in the Report of a Committee of time House. But if, by agreeing to that Resolution, he could be considered as expressing a conviction that the charges were made nut, be must hesitatebefore he did so. He hesitated to bind ,himself to a conclusion of criminality, as, if he did so, the high station and the office of the individual railed only for one proceeding, that of impeachment. if the resolution was affirmed, there was no other proceeding consistent with the nature of the charge or the station of the officer. He admitted that the only mode of crania( to a satisfactory decision would be by referring the no.:- ter to the highest tribunal. But, perhaps, at that period of the Session, and particularly with reference to the appearance of the House at that moment, it might set besatitfactory to enter into the proceedings at precut. It would be difficult to put the Chief Baron in toe posi tion of defending himself without bringing forwod as arraigning ocrusation ; but perhaps the Resolatkeis Would be sofficient to call upon him to state the case aeon which he meant to rest his defence; and upon this ground he was not unwilling to secede to the Resole• lions; but if it were ineent,.bY the motion of the Nom I iientletnan, to gnash the proceedings, he should feel it his duty not to assent to it. Mr. WYNN said that if the proceedings against the Chief Baron were bar an Address to the Crown, lie would at once admit that it was not necessary that he should lie allosied the right of Idling winesies ; but if, on the contrary, the House were of opinion : that the cheer should be by impeachment, then it wool•I be mental that the Cinefßaron should he heard. it wee true that& Chief Baron bad written two letters, hut still these 'boa not be considered as answers to tile charges brought option him if lie desired to be beard. Ile teouthi it would be more prudent to adjourn the proceedings. IT the Chief Baron oilfield wish to be heard in his defence: hut if not, it would be exceedingly hard to deity the nat ter arty lonvr. .. e. Mr. SCARLE rr said that lie felt himself b:med to declare that„ deter the deepest coesbler ition, he saw 0 ground for the last censure to which it might he prop!'' eil to the Heim to come ; but if the Resolutions of the Hon. Gentlemen were acceded to, they would, in his Or' Ilion) imply censure, because they suggested thel B. S . „ 1 •• , :i • • t' ) ) . 1401 .3 • C • a e 9 io t , Ot ~: 41 • ' ti a+ 4i „~.it 2 ?It tail al isl ti •01 " irt.tf *MAI 'ON 4111 4r • - In . "le Ao< it 'Ps .s. Ch :9 7 14 .t.. • 411 . 1 a . of • I c v vim(.. • 041:. 4 1•• Is • tfie 'A. 11 :tan - F 4311 Ott', Ord the thei trig coin stio pen the I ter: Bill • iipoi lief. Oat son' ei•l three !lull ad►e 4, lIIP ~~ Pj "