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London, England, 1805-07-11 00:00:00

view of the ease, that this important omission pro-
posed by the Noble Lord would go to frustrate
the objet of the Bill; neither did he think that
part of the Bill would go to preteet the parties
from suits generally from other individuals. but
merely for ads done under the Treasurer of the
Navy. The objet of the Bill was slhsrantial public
justice, and, to attain that, some sacrifices may be
made ; a free unbiassed testimony was the object in
view, and this might as well operate in fascist. of
the accused individual as against him.
Lord lIAWKESBURY thought the Noble
Duke incorrect in his opinion as to the ex-
tent of the Bill in its present shape: that part of
the clause went to indemnity for all Act/ done, either
with respect to the Crown, or to individuals, while
in the office under the Treasurership of Viscount
Melville. In this, the wording of the Bill hare him
out. The professed amendment, he thought, might
be ameliorated, by confining the in,lemnification to
civil suits, on the part of His Majesty, His Heirs,
or Successors, which would leave use parties open to
attions brought by individoals.
Lord Viscount SID MOUTH was not convinces
of the propriety of leaving out that part at the hill
which went to afford the witnesses protettioe against
civil suits. Such a provision a as, under the cir-
cumstances of the case, he thought, conducive to
the ends of public justice ; the witnesses should be
freed from the apprehension of suit or prosecution.
The proposed amendment would, probably. cause
the loss of the Bill that session ; and he should, there.
fore °Neff to it.
The LORD CHANCELLOR spoke at some
length in explanation. In a case, he observed,
where an individual, upon a weighty charge, went
to be tried in a solemn manner by his Peers ; he
held It his duty to the House and the public, to
twit the passing of a Bill, which, in its present
shape, would operate as an er port facto law. As
the Bill came up to them, and at such a perh d,
the question was reduced to. whether they should
yap it nest session with due consideration, or pass
it this session without any consideratiol at all? He
enlarged on and enforced his tormer arguments.
against the principle on which the indemnity from
civil suits proceeded. Impeachments, though rare,
proceeded upon the same principle with othes prose-
cutions : from the articles, it was discernable, that
some individuals had made immense sums ; and
where war the difference, in the effeet, in giving a
witness so much money for particular evidecce ; or
suffering him to keep so much of th • public money,
of which he was already possessed ? As the law now
'stood. with reference to civil indeninity—an in-
dividual was bound to give evidence—an indi-
vidual was bound to restore the public their
money. Why then should a bargain be ma.'e, al-
lowing an individual to keep that money, for con-
senting to give evidence, which he was at present
cnmpellible to give, provided he were secured from
criminal prosecution? With respea to such a deci-
sion, he could almost say with Lord Hardwicke--
" I protest to God, I would almost as lief be the
object of such a Bill as give my ciorsent to its pas-
ing, if it be not altered in these respells."—ln con-
cluding, he again suggested the propriety of post-
poning the discussion of a Bill of such novelty and
peculiar importance. mil next session.

Lord Viscount SIDMOUTH spoke in explana-
tion, and adverted to some doubts entertained by
high legal authorities, with respedt to the consider-
ations of how far witnesses in the cases adverted to
by the Noble and Learned Lord, were compellible
to answer ; but for the deliberate and decided opinion
pf his Noble and Learned Friend, he had so high an
Astimation, that, as he thought, that witnesses were
-plimpeted from criminal processes, they were bound,
411111 he law stood, to answer the questions put to
thorn; he should, under that impression, no longer
se:i.t the propnted amendment.
The LORD CHANCELLOR spo4te in farther
explatztion, and, adverting to the legal doubts al-
luded to by the Noble Viscount, begged leave to
obeeree, that what he advanced was merely his own
individual opinion, and, as such, he wished it to be
understood. With rupee to the doubts thrown out,
relative to the power of witnesses to demur iti such
eases, it was an additional argument for deferring
the consideration of the bill, till the next session,
when they might have the benefit of the Judge.'
opinions.
The Earl of BUCKINGHAMSHIRE seemed to
concur in the proposed amendments, on the ground
latterly advanced by his friend the Noble Viscount.
Lord MI N'l'o entered into a detailed considera-
tion of the stibjea ; and, from the positions ad-
vanced, drew inferences, in many CAWS, very dirt-r-
-ent from those stated by the Noble Lord on the
woolsack. lie adverted to some precedents, which,
he thought, furnished cases in point ; and one even
of a stronger mature, than that involved by the bill.
With resisea to the civil suit, he argued, that, in
the mode in which it might be applicable to the
individuals in question, it would have the effea of a
criminal prosecution. On this point, lie laid parti-
cular stress, and seemed of opinion, the proposed
amendments would frustrate the whole purpose of the
Bill.
The LORD CHANCELLOR again quitted the
woolsack, and replied to some points adverted to
by the Noble Lord, who had just sat down. The
question at length resolved into, whether the parties
should be indemnified from tire civil suits, or from
the criminal process only ? On thin head. he retain-
ed his opinion, but repeated, that he advauced it as
his opinion only.
"N f 0 and the LORD CHANC6LI.O R
-lanation.
V thought the opinion of the
Lord, that the evidence might
4 parties, notwie.standing the
indemnity against civil sues. under
of the exisung law, worthy thi
the House. He also observed
inference to draw, that because
tempted from prosecutions on the
lAL it necessarily followed, either
that they were indemnified
on the part of individuals not
•
. of the Impeachment.
,RYSFORT spoke at some length
I ANCELLOR continued to think
the Bill were against the sound
aw and the constitu•ion. He
move, that the opinion of Cie
;d betaken on the paint, wltelber

bird hIIN ro and i
spoke in farther expla
Lord MULGRAV
Nuble and Learned
obernoubsti:inned from
arthe
e theinder
the rirulsr course of
serious Attention of t
that it was A ltrAllge
the parties were ezem
part of the Crown, tio
In ptinciple or praai,
trom civil processes
A . within the provisioi o
Tile Earl of CAL
in favour of the II&
The LORD C HA'
that some p,trts of thi
princivici cl the la,
should, theri tore, rn
twelve Jaases sii,,ald