The British Press; or, Morning Literary Advertiser. — London, England, 1805-02-22 00:00:00

I=9111:P : } ~i. 1 be lir tttob 1111 FRIDAY, FEBRUAItY 22, 1805. IMPERIAL PARLIAMENT. HOUSE OF LORDS —Trial, ay, Fits. 21. The Bills upon the Table were forwarded in their several stages. Among these,' the Geeslaud Whale Fishery and the I, , ,yalty Loan Bills, went through Committees of the whole !louse, . . and were severally reported. Two witnewes wens examined with reference to the Second ReadingriLinglsain's Divorce Rill, who ascertained the point of Mn. I m being absent from the coui try. 'Phis fa 1, *ids what in evidenee on a former occacon, in dole& lOW to.give a Second Reading to the RM. 1180.4,11/weß e itera the COMIIIiIIiOACII of the Thames Ravi gatiessimalidoilt atasstaserit of the Receipts and Disburse reeWitel asst Ceppemeee, during the year 1804. It was ordered, on the Modes of the Bishop of OXFORD, that the Thanks of the Hoses be gives to the L'lfil Rilims of liosiartair.. IN the sscsilent Swam preached by hit Lord , hii, blilbotbatelowe yotterday, in the Collegiate Church of West. aialtill, KR. JUSTICE FOX. The Duke d CLARENCE addressed their Lordships in the 'subj.& of the stew of their pro. coediny with typeset to the - c.bargde uremia 'OM above judicial literati/v. - It was awe, viewing the case in its different points of view. of such im portance as he felt himself called upon to deliver his sentiments upon it. The first consideration that presented itself, His Royal Highness observrd, was, that their Lordships, the highest tribunal in the world, were about to exercise the funs:bons in the case before them. to set a precedent for the condua of future ages. God forbid! therefore, that any party views or considerations should enter ir.to its investigation. Of the individual in question he :;ad no knowledge whatever. The first he had heard of him, was by the first notification of the proceedings in question to their Lordships' House. they were, he conceived, then to determine what ought to be the form and course of the procedings relative to the case of Mr. Justice Fox. Their Lordships were all aware of the important change made In the situation of the Judges of England and Ireland, by the Aa of the Ist of His present Ma j. -ty. and this was the flit instance of the kind, which had c' before them since that period ; this considerationincreasedtheimportance of thllproeced ings before them, and to which were to be added,the high public situations in which the Judge,: stond, who were mu: trover the represeiaatives of the Sovereign. Two differero modes of proceeding presented them selver to their Lordships consideration : the first by so Wei ing the matter to ot i‘-"inate in the House of Com mons. where it could he Proceeded with, either by :ode of address to the Crown for the removal of toe p-ry, or by impeaching him before the High Court of Parliament ; or their Lordships could pro c• od with the matter as it stood b:tisre them. The , an:e mode of Froceedirg, thoue:ht, from the cons+. eidedly th: their li• ity (.f nd LIKI din he tittior.,,:l considers/I a ougi. . disadvantages of the line of proceeding, as already chalked out, were too obvious to be dwelt on But one consideration, in particular, struck him so fors cilay, that he could not forbear urging it. Sup posing their L :rdships, on it-eir investigation of the case, should deem Mr. Justice Fox i .nocent of the alleged charges, and that the Commons, afterwards, recourse being had to them, a very possible case, should vote an impeachmeet, which of course would come before their Lordships for determination, what sort of answer could they make? The ease ought to be considered, and proceeded on with the utmost coolness and deliberation. What he thought the most advisable, as the case stood, was to propose to their Lordships to snlsenil all proceedings, in their House, for a giver, time, in order to _afford the Commons an *ppm tunity of taking it up; and, under the conviltion that this vs as the preferable mode of proceeding. he moved. that the present order, relative to the Committee of their Lordships taking into consideration the matters alleged against Mr. Justice Fox, be discharged, in order that the sitting of the Committee be postponed for :is weeks. The question, agreeably to the regular course of proceeding, being put upon the first part of His Royal Highaess's proposition, namely, that of dis charging the present order; 'rhe Lad of LIMERICK observed, that on the present occasion, of the great importance of which he was fii:ly aware, he felt no sort of bias whatever iti his miod : for his own pate, he had no knowledge of the learned person against whom the complaint was made, or of the causes of complaint against him. lie therefore came to the consideration of the question before their Lordships, with a m 7 ad perfeCtly free and ue.biassed. With respeft to the proposition of the Royal Duke, though he felt re. gret at being obliged to differ on any point, from that Illustrious Personage, it was one which, on his own view of the case, he entirely disapproved of. Though he n as divested of all personal considera lion with regard to Mr. Fox, yet he could not dis charge from his mind, all considerations of his case, as an individual, labouring as lie must, after what had pissed in their Lordships House, under a cer tain degree of imputation, which a reference to his public charaCter certainly enhanced. He must deem any proposition, tending to delay, or to retain him in his resent very disadvantareous situation, as rather b trd. 'Mat the Learner Judge was placed in rich a situation as he alluded ri, must be obvious, when it was considered that a Noble Member of that House. of high charaeter, distinguished ahili. ties, and commanditig eloquence, had come forward ::s he had done, and whom every one most think would not have so come forward, unless he Mt himself imperiously called upon by a sense of his puillic duty. l'hat Noble Person had, in an address to :h ir Lardships, equal in point of eloquence and animation to any ever delivered in that Home, twice come forward with specific charges against the Learn ed Judge, and in consequence, it must be supposed that a degree of doubt at best must attach to the eharaCter of the Learned Person, omit such charges were dispOsed of. This situation must be rendered the more painful and disadvantageous, -when hi's jelicial chareter WAS referred to.—Under what a disadvantage must not a Judge, so circumstanced, go the circuits, or dispense the law from the s-at of judgment? Presiding in the circuits was a consideration very different with the judges of Ir-- hind from what it was with the Jules of South Britain. Since the recent additions were made to the salaries of the Judges in Ireland, a great deal of such increase was mad to depend upon their wing the circuits ; this was probably done to ensure their attendance upon that very important part of their duty. He deprecated whatever might toad to delay their Lordships decision upon the we hem. them ; the 'inseams of as iadivieual so eiannisearaered was to be considered—the length of tlmeisilrealst be necessary to retain counsel. qi "rap witnesses in town. A further delay of any time would have the effetl of sending the Learned Person back as, for so it must be considered, a disgraced man. Possibly, in the frst instance, it might be better the proceedings had origesated in the other House. But, with re ;pelt to the right, it Incontesti. bly vested in either House. Not a word it the re levant Alts of Parliament could be construed as vesting the initiative in 'he House of Commons. He thought that. as the case stood, it would in every point of view be preferable to let the matter pro ceed as it had begun in their Lordship House, who, in considering the matter, would of course be guided by no considerations, save those duties, which the nature and importance of the case imposed upon these. The Earl of CARLISLE expressed his difference in opinion, in certain points of the case, horn the Noble Earl who had just sat down. Though he Was certain their objeas, namely those of public and individual justice, were exaEtly the same thing. To adopt the proposition recommended by the Il lustrious Personage would, even in point of expedi tion, be preferable. The suspension of the proceed ings in that House, for six weeks, would, on the other hand, involve no surrender or abandonment of any of the essential rights or privileges of that House. But it would certainly produce a most essential benefit. The int.:nded mode of proceed ing w0u1.,1, on the other and, involve the great est difficulties, one of which was, the probability of their having to appear in a double capacity first, in that of a grand jary, and afterwards by a metamorphosis, not very congenial to the principles of the constitution, in the charaUers of . . The Earl of WESTMOIILAXII ulaterved, that, viewing the question as he did, the real merits cf which !ay in R narrow compass, he should give his negative to the propodtion of the iliestri, us Person age. He &Tree-it:A every thing that tend dto de lay. Their Lordships wonld reeollea, that the case stood over since the last session. aqd that the parties on both sides had been summoned. His Lordship adverted to the provisions of the ails by which the Judges were placed in their present si tuations, and conceived the ease to be such on the pan of the House, as it would have been before those aas passed, with His Majesty's confidential ad visers, with.respea to a question for the removal of one of the'Judges. That the proposition could be more expeditiously, as well at more regularly or con stitiitionally, naed upon, by their Lordsli;ps, he had no doubt. The advantages which their I.nrdships pos sessed in that respell, their power of administering (oaths, and recurring to legal assistance in particular, were many and obvious. The idea so much dwelt upon, of the possibility of a subsequent impeach ment by the Commons, he considered as no objec tion at all ; the proceedings would go urn dif ferent matters of charge, and their Lordships could thilefore he no way pledged hi any prior act of theirs. The ease before the House would, he conceived, only lead to a question of re newal ; the consideration of subsequent proceeding and impeachment would not tend to embarrass their situ stints, and as to the particular case under con sideration, lie never heard of one that more loudly called for an immediate proceeding upon it. He conceived, circumstanced as the House was, referring to what had already taken place, the situation of the individual, and the steps which had been taken. they could hardly have an option upon the case; and their Lordships would do well, on the preset-. occasion, to bear in mind the maxim in the gre charter, which prescribed, that justice should bv administered with es little delay as possible. Lord AUCKLAND observed, that were it pos sible to tread back the steps they had taken in the business, it would he preferable the matter should originate in the other House of Parliament. Brit their Lordships were not now in such a predicament, and they should bear in mind how the rase stood ; the matter ores before them seven et eight months, and a Committee appointed to investigate izs merits to a certain extent : this, though in the nature of an rx portietmAminAtinn, would be proceeded in with all possible deliberatioo. As they were so far embarked, he saw not how they could well get over it but by proceeding. Should they, in the course of the in vestigation, find grounds for proposing an address, that should be followed up without any unnecessary delay, bat discussed with all the attention the im portance of the case required, and to the ennsi deration of which their Lordships would come with minds perfealy free from prejudice. Lord MULG RAVE disapproved of any depar- insidaration he was able to give it, to be de- Judges, in the ultimate result, upnn the case.— ' r preleraMe. In either of the modes by which In that event, it could not be said, after investi- mmuns could proceed on such an occasion. gating the case previously. they could come to l-ordships woeld have an ulterior oppurtu- indgcnent with minds perfeely unbiassed. Upon dAiberating upon the merits of she case, the whole, be deemed is ,peefezabile .to suspend the rutting acelsraingly. 'this, ire thoughr, wont& proePidints for a eien time, and take the chance )e the most regular an-1 esFeditions way, of tl.e other House proceeding in the business ;as he thought, in such aca C r all idual I they were, every step they should take would in- ,erstions ougut to be out of the quest i on. The valve Ultra I fresh difficoltini, • •• 'Si I. r tare ',l'll' A V•ri • . S , prmIER 073•) YO BODZSgLLENS AND OTHERS. WANTS a ilitnation in a Wholesale or Retail Shop or Wanbouv, a Youth of al alive tura of m ind, about segenemos !earl of Age, writes a fair Hand, . 0 e ha nds Accounts. and would be happy to make hint ed( iiesfal to Ms employer. A lino. opersonal application sade t 4 Mr Hawhard, diooksellwr, for S r. V. w ill b e d u l y at . naiad so 2/ITE LOTTERY. THE following is the SCHEME of the STATE LOT CERT now Drawing : of L 21; :00 40,000 --..... 10,000 30,000 5,000 15.000 1,0 , 10 - 6.000 5 1 0 - 2;000 100 3,000 -- 50 9,000 6,150 90 143,000 21,000 Tickets L 230,000 tat of thit Carttab will he datemined it fellows : Viet drawn, he Day 1.1,000 Fitsit-dntim, S Day.. L3OO Duran...... 2d .. 304 DOD 21Mt 110 Ditto 3d Day .. 530 s* Ditto •th Oat: .. 500 Nitta...... 9gig 0,„0 Tarts and Shwa wh3st bay rirniaiii) may be had at all the Licensed Lotter Otracea, warranted undrigag. The E:y,' , th Day of Drawing will Gs on Tilt:Gila,: nut, the 22th inn. and the Fin: Drawn Ticket ki anti tlad to 25,0001. it L 15.000 40.000 - - - 1-4WENTY-FIVE THOUSAND POUNOS. BISH respaftfully acquaints the Public, that 1 • the next Day of Drawing will be on TUESDIT nest, the 26th Putult, and the First Alrawn Titleet 'a enutiel to ...'.*.r,0001. Ticket , and Shuns, warranted undrawn, continue on Sale at kis 05c es, 4, Cornball, sad 9. Chariot' woos ; w'Sere cio ..:431, a Pi IM of 10,0001. No. 210167, &Prize of 1,0001. and Nu. 14,6 4 2, a Prise of 5001. bays already been Sold, Shared, and e, vtered. 1 :),1 it. The FIRRT DRAWN =LEI' un TIJCSDAT NEXT. I ORNSBY and Co. respeftfully acquaint the JCL Yn,lro, that they have TICKETS and SHAKES ,St r, warranted tY5lOk WIN, at their STATE. Le rf LRY OFFICE. 26, CORNNILL, where 7431, the Vast Drawn un ill , Phut Day, 101 4 01. and 21,167, Fuel Drawn on the 4tn Day, 5001. were both th ired. LOTTERY. NOW DR AWiNG7 — ---- SWIFT' and and CO. No. 11, Poultry, beg Leave to inform the Public, that the Capitals now in the Wheel ire a. ()flow : via. 1 of 23,0001-3 rrf. 10.0001-3 of 9,0001 1,00/11...4.4id a others of 001 Tn.acet. and Skov+ continue on Sale at the above Mee where the Ticket No. 9,bo2. sit fir a t d ra w n , third entitled to 5001. and No. 111,20 e, a ?die e: 1,0) I in the pre. tent Lottery. were tialettatedl.l4. ' • • Th e Ei g ho. Dm, I Marine wilt he oft Tatealty RICH hi ..Tr cif TII VtiliF.V.L. 1 Prix, of .L.25,ii03 I .. Prises al 1..5.00. 1(404 2.. .441.(1 l,o6rr aw. Ste ice. Ant only TIIRRZ DAYS r.. Draw nrICKF.TS and SRA RES, wa t. d nna rawn. I are . :.1 %, late No. di., Coml.:!', Were alr Wises w.! - . k n ot TWeigriav will he The riehth Des of 1./owing. is,aon. Ike FIitST•DIFLAWN TWILIT on rUESDAY NEXT POPE reasawnends an early appreatiert ac th UN* CAC!. UMW 1615.-a0•4 1 it.W(4%441% Ofte..l Ike bask, as the Wheel entrernely R h. !Wow, are bur Yu., iris Tickets remain umalg. Lk y 4 M Sifiß , a .... d WillAL OF FOR I'UNF.. 1 (423,0M1 —3 nt I t.,..vm —3 nf ),, , K3Ol. Re ere. TSOBERTS begs to acqg tint the Public, that • teem at Wit Fo , 1).1411 , b.ir0 aii.l tilt %Yheel sopreankinted4 Bich. Tie see's id Shan% are selling at hat Cid State Lawny (Ace, Nn. 8, Corn+All. Newt r4Stillity Lott,ri Draws again. REMARKABLY lUCH WHEEL. of.. L. 2N,000 3i .L. 5,000 Irithio I 2 ... 1„ , oo TICKETS and SHA RFS will r'ntinue Sale whitst any remain, at DRU MON Ire tithes, N. 6.., Fleet -street, where No i,43k, a Prise of )011. WAS sold and registered on the Stroud Day of Drawins. k. Dromaiond •eeomsnoods an early Purchaer, as very few Tickets an ton hand. The Contractor , lends to thei credit, have merged to provide tl.e (Mice KCepets with them ite keg as lbw base any left. The Eighth pions thawing w'.:l be no Tuesday nest, and toe Ferre-eies.wii tet mere ed to :.t, )3W. ~~rATC set erns his Innet •••• 7 ttful - _ know . T. kamae.t. I. Friends and the tih'ic for the kind Patronage he sind rhinlr. ,• Hi s too l U, inYlet ' dr* t .e I . 4:KeTS foe the Glt AN 0 STATE Ltß' Tr.ltt Inter chadri.i4; ar• an .041; therefor?, to pro ,at disalr:sy, went. be tecorurne;:ls m intotalisimilic otos enahtiatted Tn.t. sate OIS.t, Nu. 7a, New SOS" ;•• •sill continue welling rickets awl Slieros, wat er I any remain Yet • ~n orreeirnted &mend for Ticket. and Mures w obviates to the notion . c.ralit), the Whe.el Prior of 115. 4 nt . tine of 1u,0 , 001. threw of 5.000:. lour of 1,001.4. I.llt sf 5011 • kt.idea noniron" 1001 irk kc • raft Eighth Pay% Drawing will hr on Tuesday next. CRMC kl. REVIEW. Permokrt dninio , o, et e , dst alters Isla! 'pm , . CRITICAL REVIEW. that long-esta it lishei and respectaele Publication ' is now ewe Into the pnuession of a new Proprietor. Sensible u( the animus teak w which he is engaged, lie shotiln tremb!e for sittecsi, were inn to fears altered by the 111.111 i flatterine z.nisolaiions. It is h.. r ..,1 intim- to have issim;clitlll at oiler trief,il and homer atle ; with men, dislittioish:d in thz 'Atetr...•iihe for Science I.itenalune and *yr.,. wIN aid4l.,apkand ren Os to that '.ll .WWOOSUIWINISSii, to .1.0 4, he .0: pearl to be ••,!". adepvninsoogarr hald:) - in this import .nt no ; • 1..5.,•i05t with the sou,: st he kelt out !rot fitevard to the anyla reward of 1 is '.1'.11':••.;. v:asa town party, a h g . h.• r rosettes hinelf tr. h eh" r 1010a1l avid he tows ' tb..t Lie of • El acs, r in the 1. "":41 11 Itunal truJi is ctonsi.r.7! , •t wits 1:11. Erne .reldht we : , newt SO 011 t CiStlattli 5e1 , g1093 1111;pm . ..in,. A • b. hrt•raoure be exert every times to adv., - .• i• ; as •P,-.d e nt and ,-;ierit 111sW, U, .bO,ll gal., :6 U 4r. ot.jvct, •:•are /4s, ratify Vic• 00,4 To the Funk.' roblnatino. t t Ind dot stice. P01.74W11l 10111.1111\ 14e efOloi:••tar lineal w ..itturittoawt.uivire the ailtiit a I ....et: 1-01 , 41 and Whet ugeloso L-t!ratat• se at this pitsmat gate of LL LW IV; .4 . y so Lit • er.l person. dilvot on -ice repot derill,-ainiog be dui W..; •.1 11.1 b.: P‹.trons tonsmunit wth . those lecgrai,^e, nal :Loan to admire thetii•e-on so enthureorn Thu ranlflaittl,. and tL.r. den th • Perytift .r of Th• tics! haviewgiffers h. 5 P ion tou:l4,4nr in Its Eseren t al #gactrit • to•it At; II •t01:4 , 1111i1141 , 1 4411.i/cal aifitllOSS Aif.t 111011:01C,IS of a "...rk, r neh • int . -redo& tria'teare4 ado 111 y t., te.o.asy twireekal. N,k. It hi t 61 this all rtriantuninitran racy betaddriro• id to the pyo p tjajpr tt Ent Critics: btev!ete, at Mt. Mown...is, Poit.:;nl. • rrf . olp -, . ' )-", 73; t - .NL tp (PRICK 51Z1E:..4.1f, ' lairfrom the line of proceeding already ;e.oleed n, and every objedion made to an itnmekii4be •, proceeding on the part of that House, was, is Lit o. mind, equally applicable to the other House of Parliament. It was no argument against any spe- . cies of proceeding in that House, to say that the Commons possibly may not cooenr. Such a prin. ciple shr , uld never be laid down. He saw no ad vantage which could possibly result from a recite. rence to the !louse of Commons, in the present vove of the businvos ; the judicial charadcr was one the greatest importance, and whatever liffele;f • it should be seriously considered. And, in every view of the case, be thought it preferable to continue the present line of proceeding, but chiefly in those of . regularity and exeroition. A speedy decision, in sods a case, was of incalculable importance, arid as . such he most oppose the motion Lord Viscount CARLETON observed, that the Loomed Judge in question was desirous of having the charges against him thoroughly considesesf. and suctions to confroot the vrausesas that shooki !At *-.** kodght forward. The consi or bit snub grity, his fame. his high office, combined to render him anxious for an opportunity to come forward in his vindication. He meant not then to say how far ~ those charges were foatided, or not, against the Learned Judge, toot he thought he was justified in assuming that some of them were not well founded. because they were withdrawn. In adec'ting, gene. rally, to the case, there were some peculiar eionms stances relative to the powers of the Judges in Ire land, which, in some points, were very dirrest • from those of the English Judges. Alai some of these immediately bore noon the ohjed under consi deration. The Noble and Learned Viscount referred to the different aft,, by whicn the present shoo:ion of the Judges was constituted ; but, he coated, it was not untii the year 1772, that the Irish Judges v-ere placed upon the same footing as chose of Enoleod. With swiped to the point immediately wider consi deration, the mode and coarse of proceeding in rich a case, the ads were silent upon it ; hut the question avowedly was not of the powers cif either Hoe e ; it was a ea e of discretion with their Lordships. oesped to the probability of the matter being taken up In the other House; that there sore peti tions presented long Once, they knew, hot notbirg farther; and so far as they were aw.ire, or could argue from appearances, the Commons did not mein to proceed. Adverting again to the Om/tiros in which the character of the individual stood, pending the discussions, lie thought it would he preferable, that their Lordships should proctaxi in the course already resolved upon. The Marquis of ABEKCORN stated. that his only object in coming forward. was the eediauf jn tice, and to settle W. case between. the Learned Judge and the petitiorers. on the part of an inured public. As to the form or mode of effefting that, he Lad no wish to saprrvl; 'twig the poiut, was decided, he had nn wish to ecomess that opinion. The discussion of the important sub iea under consideration had bean, on all sides, treated with due gravity and deco-um; there however, one exception. A Learned Lord, who Ins merly filled a very sari-us and grave situation, he thengle, in some inc.:sure, departed foo'n the proper mode of meting the sirbj e eq. These were even anpearances of a bias iu Ira mind. sad, he reeorded him as insinuatire; thee he thought sona• of die chArgei were ill fantasied, at he said he had abandoaed theta. With rs-sprift to the charges, his wish was, not to brill; forward say but what w, re of sufficient weight and imenrtance. the rea sons which induced him not to bring forward. the second time, those charges which were. omitted. were specifically stated by him at the time ; and these were ' on the present occasion , referred to by the Noble Marquis. Lord Viscount CARLETON spoke in explana tion. He would leave it to the Noble Marquis him self, how far he had, in his expressions, departed from that degree of gravity and dignity whit h shoule always accompany discussioes in that House. With respea to the charges adverted to, he stilly said, he had a right to assume two el ehern were not well founded, because they seer:. wit . - Ares.. n. He by no means alluded to the Noble as having proposed them, knowing them us r e founded ; did the Noble Marquis know him as sl • as some Noble Lords in that House, he weuld Lot bare so expressed himself; he never had a persemal aleereation with any man; he never made the small- OK personal allusion to the Noble Merqnis in shat be said, stink's did he attribute to hint any isnpro• per motives. The blarquisof Ansecoess explained. Earl SPENCER spoke generalii in support of the proposition •sf His Ror.ol :'•;•) • coesi aerations, lee tie:eight, should ‘t•lith na such an oceesion; theit Lordships sh..ull coos der they were about to set a pftcedent oa a case oi•be eighess importance ; a circumstance which should outweigh all minor consideratio ns. larwd - HAWKI.SBL RY observed. tie more he considered the subje& in question, the more he was confirmed in the justness of the obj %%ors he had offered an a former night. Ay what fell from a Noble Lord opposite, he was misconceived in what he said on a former 'sight ; what tm 1)441 said sc.is. that when the Commons lad decided upon a vote of impeachment, he could not conceive a sy arc uni; upon which they were not 'cooni to agr4e town Address for removal in the first instance. With to peat to what had been said that night oti the ground of de!ay. pro. ceedings of the kind irftulved a kind of mat in the House of Commons as well as in that Home ; of this the ease of Mr. 1-lastiags, who was heard in his defence at the bar of that Howe , . was •n iestenee, as was also that of Sir Elijah fenny. though the ever-s were diff.trent. However, wt 3 all possiLle respect inwards the House of Convnons. he thought. that. in the particular ea* before taiem, truth and justice were Wilt likely to be obtained by pus euteg the investigation, as resolved upon by tbew !,, . ..~ ~. 4 s ue ; o,ti U. 10 im. the HT agar• ERS, .k, SR, r Ni. M ad at wa of Lied. * Mr. psrtu• uYrr t, lare of rhtug • C. OLD 13111. t f boron. ardo . t, Oft tt.114 ind, 19 as p.. 14. eot'x