The British Press; or, Morning Literary Advertiser. — London, England, 1806-06-20 00:00:00

r - end of theevidenee which mielit be brought in support of the sure ; at winch time your Petitioner was awn compelled to foregd the ditch urge of his judicial duties, and to attend Upon your Luedshtpe fur the purple., as he boiled, of being then al lowed to enter upon his defence; but •was then prevented e„ tinned time from appearing in his'oen defence, by the naturd and ceinsiitutidis of the said Cerneditiee,"st whose proceedings,. it wit not permitted to him, a ny, to any person employed un . m. a hishis . , behalf, to be present. • I " That after a considerable paredf the said Serious had been ,' damployed in examining into the, mitten then alleged a g ainst Pout/eater, and after several witnesses had been examined sit id the Clusiges theretofeee preferred against him, to L., 's very great surprise, the matter of complilin i. 101 was nun altered, new modelled, and changed, by • cr=Several of the particulate of complaint which had rimmed, and moat strongly insisted upon, a' Weidtaillitlek, be amentling and changing, in materiel parte, tines dies were MOW to remain, so at to make them •liffen-lit Is their astute and Abe, end by introducing then, for the f.r.t. . MM. ether Chain% ettegethee new ; by means of which con • ORM 'malaise fif Complaint, your Pashioner war Involved in She dm' well limpissity, and became utterly uncertain what - the (Ms nil& be against which he might ultimately hose 8 2 .....). Idelisidell whilst his character we. is the mean tiros wounded by this apparent multiplicity of Charges, thus ' ittWiliely and solemnly presented to the highest Court of Judi . MOM is the realm, as grave and solemn matters of jest cum- PIM spina one o f His Majesty's Judges., IS ?Me ea the ltd of May, 1805, it was moved, that an UMW Adams amid be presented to Ills Majesty, t-t remove year Petitioner Irons his office, grounded upon such new, al- Meek acid amended Chaves; whereupon sow Lertishi-is or dered., " that year laurdthips' House should resolve itself into a Committee of the whole House, upon one noitdsn made for se Address to be presented to HO Majesty, to remove your Petitioner from his office of Judge, and to eider into the facts sherd on the said motion." a That on the Slit of May,IIIIH, and on various Inbseenent stays, during the continednce of the last Session., one of the Uteur iga s stated by the motion, liontamed in the Petition of William Armstrong, and others, was proceeded in at your Lordships' 110, when no further progress was made, than to examine the winsome* prodnced in support of the facts al'eced in the mid Petition; in she course of where evidence it ap i dared, that your Petitioner's accusers and their witnesses have been ell paid the sixpences incurred by them id prosecuting their complaint., oft of the public mosey. " TOW Petitioner feels himself bouni to state to your Lord ships, that several of the remaining Charges would probab..r, from the salute of du sliegetione unstained therein, occupy more of your Lordships' time than that which has been out • heard its part. • " Your Petitioner, under these cireemstances, feels himself milled upon to state, moot respectfully, to your Lordships, the many victims hail hips which result to him from proceedings which aro morel in their nature, and harassing by their delay I —which subject his character to continued public obloquy, which lee has bai nu opportunity to remove or repel, and which are almost resinous to his private fortune ; the pressure of which is the aura severely felt by him, inasmuch as the . eepens oo of hisaceesert ham bees defray ed of the public i ury. Treas . 11, Your Petitioner, plitetnted by a lively serge of the Many .' 41111reides and , hardships to which lie has hems subjected, without an imputation on the upri g htness ow integrity of hie • conduct, we ended in his personal and judicial ieeiiiir, end ,r . Ir still more drools slifectrd by v.,e emhartawnsent, VII l.ing sus• If fondtel neer tli.! Administration of Juitice, at this advanced ! puled of Cie tiiird Sessims, do which his name ha been erns poled with Parliamentary Accusation ; 0 Hembly pries your Lordships to consider the"nature and' chromosome of bit mei, ind to make such orders therein se to your Loed.hlpe' wisdom and justice shall seem meet. , ••' " And your Petitioner will ever pray, &e (Signed) " LUKE FOX " ' Lori Gft,ENVILLE then rose and observed, that the proceedings which had taken place this Session, on the case to which the petition referred, were no more than to postpone its consideration funn time to time. The period was now arrived, in which it became a question how far it would be either wise or expedient. or how far likely the calls of jetties were to be answered, by their Lordships - ontenng, at such a pitied Of the Session, upon the investigation of a subjea of such an extensive na. tore. For his part, when he considered the nature of the nee they were called upon to inves tigate. and the very advanced period of the Ses sion, be had no hesitation in giving a &tided opinion agamw such a proceeding. With respe& to the +subjs.& itself, its a more enlarged point cf view, he had repeatedly espressed his opinion, that the proceeding originated, .b inilie, in a place not coMpetent so to take cognisance of, or to decide upon it. That opinion he rested upon the broad principle, that by the law of Parliament. or even by the constitution, no charge of the kind could originally be preferred or proceeded upon in that House, as a Court of Appeal, or of Criminal Juris dietion. In the last resort, they could decide ; but, with the exception of what regarded the maintenance of their own privileges, they could !not constitu tionally entertain a matter of criminal complaint in the first instance. In this he was borne out by all the constitutional authorities ; particularly by the case of Loyd Chief Justice Holt, whose authority af forded a decisive precedent upon the case. On the contrary. there was no instance which furnished the • . least ground of precedent, of that House having taken cognisance of a complaint of the kind, in the first instance. He argued, that all complaints of the kind should oliginate in the House of Commons, who were in such cases the Grand Inquest of the no tion, as their Lordships were the constitutional ' --tees upon the case ; to proceed otherwise, would Twat di* Commas, if not, is point orfael, ' - Julies upon the ease, at least the deliberators n pon a aue which the Peers had already pre-judged. With rei the particular case before their Lordships, r t° omplaint Medved, :n some degree, a charge of high crimes and misdemeanants. A Judge, in the execution of his Ace, was entitled, perhaps, to a higher degree of proteitioa than any individual.— Sot he would even argue the case upon the ground of convenience; suppole their Lordships had con ceived the matters of charge to be well founded, what would they have to decide upon ? A mo tion for an Address to His Majesty. to remove the culprit from his judicial situation. This, surely, would be in their legislative capacity (Hear ! hear ) they would then have to communicate the proceeding to the House of Commons, who could have no regular I nnwledge of any pact of the busi ness, or that knowledge must be of a case already pre-judged; indeed, cunsider:ig the case any way, with reference to the proceedings hitherto adopted, great inconvenience and irregularity must ensue from .its farther progress; what he now said, he niched to be understood as is no degree referring to what might have transpired in evidence; that tes timony was given, &a. pane ; and, therefore, whatever • might have been sworn, nothing had been proved. ]his opini ,, n rested not upon any of the Lids of the • case, but upon the conviction that the proceedings hitherto had, were contrary to the law and the con stitution of the county}. For every case wherein the law was trartsgt , .ed, the law j.rovided a remedy to be obtained by ItvcC©g in a rcolar and lawful f If, I i or t courts T! - .at House was net a Ceert of miginal jurisdiction. Were they to open the doors of the House to complaints of this kin), and proceed to entertain the present —upon what principle cuuld they shut them against the complaints at A ny ;tarty who might consider himself aggrieved by the deci sion of a Judge upon a circuit, or oy his behavi.ihr Ohint as a juror ? Where coo!cl rte li.le he dr ' . en ? ther complaints most he eateit tined, as 1 , 61 as those against Mr. Justice Fox, and their Lerdsh:r . nay be occupied, Ai in the present installer, for three, nay even to an extent of seven years ! These proceedings would go to tender not only more ar duous and unacceptable the office of A Judge. but even in the way of expence to amerce him to that degree, as would absorb the whole of that we:l earned salary ; the recompence of a life of toil, and studiously acquired science. His Lordship conti nued to argue the irregularity, the unconstiori onal tendency, aud, in many respells, the is ju rious operation of the line of proceeding adeieed in the present case, which, in some degree, woad go to deprive the subjeas of the realm of the be nefit of those equal laws under which thee had the happiness to live. Waving all these unanswer able objeteions, be was willing to consider that which 'se was about to propose on the :.sere view of the expediency of the case. Their Ismeishios must be aware of the present advanced peti• d of the Session, and with reference to the late la bours of the House, and the great quantity of im portant business they lead disposed of, what a slight prospeet there was of an adequate attendance. The situation of the Leaved Gentleman also would be a matter of serious consideration ; the arduous and delicate predicament in which he was placed, would be also nutter of serious consideration with their Lordships. No man could be more desirous than himself, to provide duly and legally fir the safety and protection of their fellow-subjeat in that part of the united kingdom ; but had his poor voice been attended to, sinotht,i and more effi cacious course would have been adopted After adducing a variety of other ()Agree itions in sup port of the positions he had laid down, he con cluded by observing. he should propose to adjourn the farther consideration of the case to a day be yond the certain event of the present Session : whice, were it on the ground of expediency and con venience alone, he shreild deem it incumbent on him to propose, namely " That the farther pro eeedings in this case be adjourned to this day three months." • -. On the question being put,. The Marquis of A BE RCORN began a very long, and in many points very eloquent and animated speech (which cur limits preclude as from even an attempt to follow), by observing, that were the House prevailed upon to concur in the motion of the Noble Lord, they would take a step, lie was thoroughly convinced, the eonntry may have for ever to lament. He contended for the full eligibi lity of that House to entertain and discuss a com plaint preferred on the motion of any of its mem bers, and without reference to what the other House of Parliament may do or not. To abandon such a principle, would be to deviate from a line o! con du& often aged upon by their forefathers. But the present was not the time for a consideration of that kind—the period was past ; on its preferable line of proceeding, the House bad repeatedly and solemnly decided, and even confirmed it by a legislative mea sure at the close of the last session, which authorised the carrying on these proceedings in the present. When he considered what had been already, dune, the orders repeatedly made for the attendance of witnesses, who had come from distant parts of Ire land, and which implied a pledge of farther pro ceeding, he was at a loss to reconcile it with a principle of good faith and justice to their fellow subjeets in that part of the United Kingdom. These witnesses came many s weary mile, by sea arid land ; they were encouraged to come thus far, and felt an assurance that the case would be proceeded Were the contrary line adopted, it would not be too much to way—it would be both seen and felt! In considering the present momentous question, he felt it incumbent on him to remind their Lordships of the circumstances of die case—of mutt it was the Learned Judge, whose condira gave rise to the pre sent discussion, stood charged—the particulars of his condua in those respeets—and the proceedings at different times adopted is that House.from the time at which the complaint was originally preferred by , him, to the present period. The Noble Marquis then entered upori an exposition of the leas and circumstances specified in those articles of charge, which were long before the House and the public, and already known to our readers in a variety of shapes. We deem it, therefore, superfluous to recite them. On several parts, his Lordship expatiated with great warmth and feeling, and seemed to produce a cor respondent died upon a number of his auditors. He first particularly adverted to the Addresses, vies/rim described the Learned Judge as endea vouring to procure, for the removal °Mat &ICI. ble and excellent Nobleman (the Eatr of Hard. wicks) who sat near him, from the Vice-royalty of Ireland; a line of conduct, which, in one of His Majesty's Judges, of all others, he deemed most worthy of reprobation. He nest adverted to his con duct in the levy of excessive fines ; and referred to some extraels to chew, that in one summer circuit, in three counties only, he levied fines to the amount of 14351. ; when Mr. Justice Osborne, who presided as Crown Judge, did not deem it necessary to fine any individual a single farthing. On this part of the subjedt, the levying of excee lye fines, includ ing the condua of the learned Judge in question, to Mr. Irwin, then High Sheriff of the county of Fermanagh, his Lordship expatiated a great deal ; and reprobated the conduit alluded to in strong and animated language, as tending to establish a species of precedent of the worst kind ; and one, more than any other, likely to be injurious to the rights, and destruaive to the properties, of every description of His Majesty's Subjeas. Considering the difficulty and danger which bad for many years attended the fulfilling olcivil dirties in Ireland, particularly during periods of commotion, when assured security was only to be found by the well-disposed in activity, it was essentially necessary that persons in the exercise of their duties should be protected from oppression, and the hazard of having their well intended exer tions converted to their injury and shell!, in a quar ter where they were most intitled to commendation and protection. The Key -stone of the virtue of-juries was their iodepeolenee ; ern! since the days Gi Jedoe Jefferies, this was the first ihstance in which that independence hod been attempted to be subverted. It was not their ow it torwardness and presumption, hot the constitution of the country that put men torwatd into the situation of Jurymen ; and if, to the ceercise of their funaions and honest opinions, they were to be bUbjeaCd to indignity, and to have their reputotion assailed by a stierna, attempted to he affixed to their names for life, their situation isoeitd ittleed be lamstaahle, and the high-prised ii, ivilsge of Englishmen converted into a- curse.. 1 h.: case in question was not one in which the ;iii.ments of their minds could be warped by any poiiticol or private prejudices. It was a case of murder ; and entertaining a doubt, they had followed that maxim, of no mean authortte, " better that fifty guilty men should escape, than that bne men should ' suffer unjustly :" Yet, for having returned a verdict of acquittal, they were themselves brought into Court, and a sentenie of infamy and excommunica tion passed upon them. The NoOle Marquis nest al luded to the case of Mr. Hart. who had been called to the dock, and publicly branded with opprobrium, and a charge of perjury, by the Learned Jo !ge, from the Bench, for having given a chariraer to a prisoner who had served loin in the capacity of Agent. The case of this gentleman, his Lordshi p ) said, might have been that of any other gentleman in Ireland, who received his rents through an agent. What became of the boasted rights of the people of this country, that every man was to he considered innocent, until proved guilty, if a Judge. was not only to determine on the guilt of the party be fore him, but to deter others, by a dread of cen sure and infamy, from expressing an opinion of his innocence, and of his general chat after ? Whet would he the situation of the country, if the power of Judges was to be exercised tins contruuled ? What, if this first Application to Par liameot on such a subject was rtjeaed, or, which was worse, half heard? And what became of the compaa of Haion, to which their Lordships had pledged themselves, and to which the Ir ish people looked for the protraion of their lives, liberties, and property? The spit it, patience, perseveroose, and zeal they had manifested to stand hy those who stood by them, entitled them to have justice purely administered, and to redress, when it was vitiated or denied them. The interest and prosperity of the country at large, at home, aild her consequence and' splendor abroad, equally required it. if their Lordships proceeded in this charge, they would af o . ford a solid assurance to the pew!, of that country, that for private wrongs they had redress at law ; and for constittrional wrongs redress by the atten tion of that House to their application ; and would strew, t hat neither power nor talents, neither dignity nor reverence of situation, was sufficient to protea the possessor from the consequence of guilt and public abuse. Lord F.LDON said, that considering the motion which had been submitted to their Lordships, for de ferring the proceedings, to amount to nothing less than a proposition to relinquish the prosecution of them altogether, he should give it his most decided negative. He doubted whether the independence of the Judges was a blessing to the country, if they were to be above controul ; but he was satisfied, that if half so:oat had bet, proved in the case of Justice Fox had been done by a Judge in England, he would not now have sat upon the bench. The con dila of that learned Judge, which was complained of. was .0 together extraludicial ; and he thought it was a bad and fotile argument, that if an investi gation was cotes tAined in this case, the correa con duel of the Judges of the land would he subjea to be continually impugned and complained of. The danger, he thought, was much greater, that, in case due investigation of the subjea is as nut had. the liberties of the people might be intriaged by the Judges. 'Elio Noble Lord proceeded to review the faas proved in the case, and stated, that they were altogether most unconstitutional and extravagant, aad such as, had he been one of the parties particularly aggrieved, would not have allowed him to rest until he had moved both Houses of Parliament, to know whether he was subject to such indignities or not. His Lordship ex pressed his perfect conviaion, that it was not inconsistent with the situation of that House, for them to originate proceedings against a Judge, who only held his office whilst his condo, was conch ; and, he thought, that the proceeding which might now be had, of addressing His Majesty, would not militate against the judicial funhions of the House in an impeachment or other proceeding of ter wards. The LORD CHANCELLOR said, he thought this WAS much too advanced a pet iod of the Session fcr the House to entertain the idea of going into the business in question. No man, he would say, had ever gone further than he had to remind Judges of their duty ; and no man was more jealous of their authority, and cautious against judicial usurpation ; hut. in proceeding in this case, it behoved their Lordships to be cautious that, in complaining of an infringement of the liberties of the people, they did not themselves set a worse example than they com plained of. It was inconsistent with the immutable principle of justice, for those who were to decide between a Defendant and his accusers, to know a syllable of the evidence, except it was heard in the presence of the Defendant, and the opportunity af forded him of cross-examination ; and yet, should the other House of Parliament determine upon an impeachment of Judge Foe. their Lordships would go to the trial atter they had been for months engag- J ed in examining evidence,biassing one another by ha rangues, inflaming their passions, and accusing the defendant. By the discussion had on this sublea, their Lordships were working themselves up to a pitch of judicial fury, to which Justice Fox might be the victim—he would be tried by those who had before condemned him. The Noble Lord, at some length, ably argued against the possibility of cri. mina proceedings originating in that House, which would be putting itself into the capaeties of Pro secutor and Judge • and concluded by instanc ing the case of Lord Holt. who had denied that he was amenable, in a similar case, to the autho. riry of their Lordships. Lord HAWKESBURYsa:d. he rose only to ob serve top an error of opinion, which seemed to be entertained by the Noble Baron who opened the de bate, and by the Noble and Learned Lord who spoke last. This was not a ctunizil proeceaing, as ------z they seemed to suppose. but us 94:14.e5; to His it jests to remove A p-.1.; , .11 from a jll‘ll,iAl tAtOltiiol ; and the Mothni of the Noble Mat (pis was o n ly , hear evidence to warrant that Address. It a I said, their bireships ought not to entertain t I inquiry, because the House of Commons miy t institute an imeeachnient, and then they would I trying a vestinn which they bad pie- . M Rid, t night, by the same ruie, be olsjoded, that no Not , Lord nught to rise in that H toe to sugee4 an t , . dress for the removal of any of His M-jesty's 16 • iiisters, or Governor of as Coinny; who, sad a Judge of one of the Courts, he sa w au , or , . ence as to their appointment. The fittest, ) s thought, had two functions—legislative and Mgt' !• siturial ; and against the doctrine he bad point, t nut, he should certainly enter his protest, as i t m u rated against the power of their Lordships to addre His /Vi d iesy in the cases he hacfmentione.i. Earl MOIRA said, from a too hasty perusal, the Al, he had at first supposed the House wig) have 7irr•ued the ernceeding suggested, bet he ws now con.;.t-ed of the impropriety of entertainia the matter thither. It would be the greatest mock cry of justice, for their Lordships to go into Wee mioster Ilall as dispassionate and tinerejudice • Judges, alter the whole conduct of the Defends, l load been canvassed and animadverted upon i another place. A Noble and Learned Lord ha said, that Mr. Hart had undergone the severest err sure that conld be passed upon a man; bat It 1 (the Earl of Moira) thought Mr. Justice F. a ha been dealt with, In that noose, with a severity that could not but greatly aired his feelings. Upon the whole, his Ldtdship fully coincided with the motion of his Noble Friend (Lord Grenville). The Earl of BUCKINGHAMADRE made a few observations adverse to postponing the matter. Lord AUCKLAND thought, that the irregm larity of the proceeding strongly _justified th 2 mo tion of his Noble Friend. He wished that the pro ceedings could be wholly erased from the Journals of the House. The Earl of HA RDWICKE opposed the monea. Earl SPENCER. sot:petted it. The Earl of WESTMORLAND declared, that all the arguments which had been used in favour of this motion, only convinced him the mole of the impropriety of such proceeding, and the neces•ity cf giving the Learned Judge an opportun , te of answering those very serious and heavy charges which were brought against him. In fairness, and in candour, the House ought to allow him, at least, ti, justify or explain his conduct. He conclud, d, by declaring his most determined disaperabation of the measure. The question being now loudly called for, a di. vision took- place. when there appeartid, For Lord Grenville's motion 2S—against it 16 —Majority 9. Lord GRENVILLE then moved to discharge the order for the attendance of the !tikes on this subied this day, which was accordingly ordered. Hts Lot dship also moved, " that their Lards! ips shoull be summoned for Tue.d.ty nest upon the second reading of lite West Irnita Audi ors' Bill ;" which was ordered, and at halt past 19 o'clock, the House adjoureed. HotteE (iF COMMONS. The re , tort (Attie Duties Bill was brimplit up by Ntt, :g to, end urtlored to be te•J • wed tons to-rnotloW. . . ... The mows of the Th•ead Laos Bill wa, &so brought op by Mr. Ahmeruler, and uieldred to be read a 3d time 'to Monday. The saute Member brought up the report of the Duke of Graftedit.Agtenmeat Brll, 34 time tosnortaw l ales, the report of the Prussian Yarn Iviport.K 11, ;3.1 ti.ne toutitormir ; slur, the report of the Gibraltar and Mahe Pottage Neil, 341 time to nturruh ; also, the repast ui the Irian Mime til, 91 urns to. toot MM. F.AST 'INDIA BUDGET. f.nni MORPETII gave notice that Ire would bring ferward the East Unto Bodect Triewily Ar'onight. Sir J NEVe PORT brought in the Iris', Codtims and Es. els r ConawlidatiLn Bill, winch w a s rrad a fi at, and ordered to b• read • srenitil t.nie nu n. at, and I. be printed Mr. VANSI r f RAT mated the order n: the day 10. taking loot consideration th report sat the bill for rego.atua the trfr fice of Rerreiver Ce oral of Excise i which tieing d rnr, the amendments we e ntreed to, and V. bill htderr.l to be real a third time, on Mo de next. Idetben deferred, t it to.mniroo s the Committer r.n h. scotch Di.tillery BO!, the Customs Fees Bill, and the S•am;o Offr.e And Poet Ofße • 11..eulainen Rails M. Mena, fro ri the India N 'aid p ...trued a rear,' to the order of tie 24th of March, wh cit a. as ordered to lie on the table. IRISH FLECTION BILL. Sir J. NKWPOItI' mqv •cl the order of the day for the Flouse resolving itself into a Committee oa this Bill. Mr. ALEXANDER thnight the Bill was hur- vied on with too much precipitation. Sir J. NEWPOR replied, that After the blanks were filled up in the Committee, he should not G bjeft to the Bill being printed, and a sufficient tins. given for its due consideration. Col. VEREKER said, with some warmth, that he had no idea of a bill of such magnitude being sa hastily read a first and *mood time. without being printed; particularly when he considered that it struck at the very existence of every cot po: elm% of Ireland. which this Bill woull prohibit from proceeding to any other busine,s, till they should first have decided on the claim of every freeman. — The Corporations of Limetick and GA!way were particularly interested, and time should be given for them to petition against it. When the Voters was made wi:h Ireland, the people were told, that they were to be governed in future by justice; but he would ask, what justice was to ►e found in the present measure? He could consider the Bill as nothing else but a measure which was intended to be carried through by Ministerial weight, on the part of the Right Hon. Baronet, and for his own purposes. Sir JOHN NEWPORT replied, that his objet in bringing forward this measure, was to secure the:r rights to persons who had been deprived et them before, either by the tardiness or the injustice of Corporate Bodies in Ireland. The principal pro vi‘ion of it was, that those who were entitled to the freedom of Corporations, should make the de mand of the Clerk of the Peace. who was a per manent. instead of the Mayor of the Corporation, who was only an annual, Officer; and that in 1 8 hours after the application was made, the Clerk (I tht Peace should be bound, under forfeiture of A severe penalty, to return it to the Mayor, atter which, the corporation was to printed to no Iccal or otb cid-J presen admitt for a I after n ;lea n :lite )•ii the ail ! lice jai Of within i uence before cided be atm cumst, we.gb under that tl say, tl corn,/ as he babh. dered ti on. man law %11 ;lig hi again! ()bun Ibottit, tryi Bill is It w of th be wi much away abuse c , stile, Teti; fear, to pa bathe iti H ptiet derin let it porai coon justo thou i v Bess abse Dow 140 Pid *nil be II It t ()PO hop Pril N site C'r Iv( u Co n rntg wen into be con who the of bei so the the te.. del thr ab Cu 34 of of thi thi he Cr 'U I