The British Press; or, Morning Literary Advertiser.
London, England, 1805-05-16 00:00:00

MR. JUSTICE FOX.

Lord AUCKLAND, after a few introdatory c)1).
serrations, expre'sive of the opinion which he had
frequently slated in the House, that the proceedings
which obtained last Session in the case of Mr. Justice
Fox were incontestibly irregular, moved, that the
entry upon the journals, of the sth of July, 1804,
relative to the matters alleged in charge against
Mr. Justice Fnx be vacated.

The LORD CHANCELLOR expreoted his entire
concurrence in this motion of his Noble Friend, and
after some conversation had taken place between these
Peers, on the general subjea of the case of Mr.
Justice Fox, in which the former exercised his opi- '
nion, that the proceedings began de move, in the
present Session, the question was put, and the era-
sure accordingly ordered to be made.
The LORD CHANCELLOR thee rose, to pro-
pose the Resolution, of which he had given notice
some time since, as declaratory of the general prin-
ciple upon which the Hence had hitherto proceeded
in the case of Mr. .lustice Fox. It was important
that some principle of this kind should be authorita-
tively laid down, as well with reference to the cha-
raaer of the liocse, and to the ends of individual
and public justice, as to the precedent which the
case may form, for the future direuion of the
House on similar occasions. The efea of the Re-
solution, proposed by the Noble and Learned Lord,
which was of some length, was declaratory of its
having been the objea of the House. in its
pto-
ceedings hitherto relative to the matters alleged in
charge against the Hon. Luke Fox, one of His
Majesty's Judges, &c. was to enable the House to
form an opinion, whether sufficient matter obtained
therein, to ground a vote for an Address to His
Majesty, to remove the said Luke Fox from his
jrchcial situation. On this proposition, to which
Lord AUCKLAND, under the circumstances of
the case, signified his assent, some farther conver-
sation took place between his Lordship and the
Noble and Learned Lord, in which both these Peers
recapitulated several of the opinions try had hither-
to advanced upon the subjea. The Resolution was
at length agreed to by the House.
The LORD CHANCELLOR resumed the sub-
jeft. He adverted to the situation in which the case
stood, and the propriety, in every point of view,
of their Lordships coming to a decision upon the
case as soon as its nature would admit. He alluded
to the very proper manner in which the Learned
Gentleman, who was the subject of the discussion,
had conduced himself, and to his delicacy in for-
bearing on many occasions to exercise his judicial
fuoaions. The mode hitherto adopted, a line of
proceeding, which, from the best principles, referring
either to the dignity and charaaer of the House,
the interests of the panics concerned, and the end
of substantial justice he had concurred in, was ne-
eessasily attended with considerable expence to the
individuals t and, as tSe ease stood, not likely to ac-
estimate the attainment of the objeets they all had
in view, a speedy dispensation ofjustice. After some
farther observations to this 'flea, his Lordship said
he should propose, that the proceedings of the Com-
mittee, to whom the matter in charge, petitions, he.
bad been referred, should be discootiassed, and, of
souse, that **Arden aids raped*" the same

should be dischad. The Noble Lord accor&gly
=dyed to this er.
After a few remarks from Lord AUCKLAND,
relative to that part of the proceedings, the Motions
were severally agreed to by the House.
The LORD CHANCELLOR continued his ob.
serrations upon the case, and dwelt upon the pro-
prie:y, under the circumstances, of their Lordships
coming to a decision upon it, as soon as they con-
sistently could. He particularly referred to the si-
tuation in which the Learned Gentleman, who was
the object of accusation, stood—independently of
the great expence and inconvenience, which must
unavoidably result to him. His honour and charac-
ter were at stake. It might have been more condu-
cive to the obje 1s he had referred to, were the ac-
cused brought diredly before the House, in the first
instance. Under the convidion whielthe then felt,
and for the attainment of those ends, which were
evidently the objects of all their Lordships, he
should propose that," on Tuesday next, the House
should go into a Committee, to consider of the
matters alleged in charge against Mr. Justice F',,x ;
and, under the principle he had repeatedly advert-
ed to, for the purpose of considering whether, in
the course of the investigation, there appeared in
proof, sulicierit matter to ground an address to Ilia
Majesty, for the removal of the said Judge."
This proposition seemed to meet the concur-
rosn'ce of Lord AUCK I. AND, who, under the prin-
ciples he had already stated, as determming
his mind upon the subject, particularly with refe-
rence to the existing statutes, and, he conceived,
as a corollary, flowing ineontestibly from what
his Learned Friend proposed, expressed his in.
tetuion, after the Noble and Learned Lord's motion
should be disposed of, to move; that if, in the course of
the enquiry, by the Committee of the whole House,
any matters of high crime and misdemeanour should
come out in proof, the same should not be
therein proceeded in, but left to the course pointed
out by the law, and the ordinary practice of the
House in such occasions.
The LORD CHANCELLOR, on the Ques-
tion being put on his Proposition, which was agreed
to by the House, expressed his disapprobation of
what was pr oposed by his Noble Friend. in the then
situation of the case, he considered as prema-
ture and unnecessary : did ehargei of the nature
adverted to appear in proof, it would be then time
enough to bri,i forward such a Motion.
Lord AUCKLAND shortly answered for the
propriety of what he proposed, and ;which he eon-
cludad in the shape of a Motion.
The LORD CHANCELLOR, after repeating
some of his objedions, said, he thought the best
way wredd be to put the previous Question upon his
Noble Friend's Motion.
A conversation ensued, in which Earl Srmecta.
Lord Me I. caw E,ViiCO44l( CAILtTON, and the Earl
of Sur rote, participated ; in the course of which
the Learned Viscount supported, generally, what
fell from the Noble Lord on the woolsack.

Lord NIULGR AVE expressed his opinion, that,
instead of the previous qurtion being put, the No-
ble Lord's proposition should be negatived; it
seemed the general sense of their Lordships, that the
matter which formed the subject of the present
consideration should be decided upon as soon as
possible ; but fears were entertained by some that it
could not be got through this session.
Lord AUCKLAND explained; after which, his
Motion was, by general consent, disposed of in a
way tantamount to its being withdrawn.
The Earl of SUFFOLK, seeing a Noble Berm.
tary of State in his plaite, renewed his notice of his
intended Motion, for an enquiry into the state of
Ireland. His Lordship was proceeding to state his
reasons for bringing forward such a Motion, and
quoted the recommendation of Lord Chancellor
Bacon to his Sovereign, for an enquiry into the
state of that part of his dominions. when he was
called to order, on the ground of his having then
no Motion to propose. The Noble Earl conceived
he was in order, as he intended to conclude with a
Motion for summoning their Lordships upon the oc.
casion that day fortnight, which, having moved, it
was ordered accordingly.
usivEasiriEs ADVOWSON IMIL. 0
The order of the day for 'h.: third reading of this
Bill being read ;
Lord Viscount SIDMOUTH rose, and, at some
length, repeated his objeetions to the pis sent mea-
sure. Ile described the provisions of the clause,
which some time since he had given notice of his in-
tention to propose, arid also given an outline, for
the information of their Lordship.. The introduc-
tion of this he deemed necessary to modify the Dill,
and to counteraa, in some degree, those injurious
circa' which he feared would proceed from the.
measure. 'l'he gist of the Noble Viscount's clause
was to prohibit the Universities from purchasing
any new advowsons until they had angmented the
smaller livings at present in their disposal, to the
value of 2501. per annum each ; and which his Lord-
ship proposed in the way of rider.
'l'he Bishop of OXFORD strongly opposed the
Noble Viscount's clause, it would go to counter-set
the present measure; and he remarked upon the
disadvantage of discussing so important a proposi-
tion upon the very last stage of a Bill, which mad
been two months before the House. If his Lordship
was determined to persevere, he would recommend
him to do it, by a separate Bill.
The Earl of SUFFOLK took the opportunity to
recommend forcibly the distressed situation of the
poorer Clergy, to the attention of their Lordships.
'f he Bishop of OXFORD, and the Noble Earl,
severally explained.
The Bishop of ST. ASAPH offered some very
forcible objeaions to the clause, which, he argued.
would defeat the Bill, as weU as move inefficient as
to its own objeas. ... •
The Earl of WES'I'MORLAND supporti4 some
of the objeainiis of the Rev. Prelate.
The LORD CHANCELLOR delivered his sen-
timents, and concluded by moving a slight amend•
spent with respea to the loc operation of the
clause, which was agreed to by the House.
Some further conversation on the subjea took
Elam, in which Earls Senecas and fforrote, the
Bishop of Oxeosn,,attd Lord Viscount SZIP4,4OUTH,
took part ; after which their Lordships divided upon
the untended clause; when there appeased,
For its introduaion. 9—Against it, 9.
This equality of numbers, according to the rules
of the llou,e, proved fatakto the clause, vehicles,
therefore, rejeaed. Adjourned to tor-morrow.

Tim BRITISH Isalles;.

LON DON„ •
THURSDAIL,r-MAy 16.

The Prince .f Weiss packet, Lisbon, is at.
rived at Falmouth. She silled'oh the 4th instant,
and has brought an. account
,tit the combined
French and Spanish squadrons returned to Cadiz oc,
the 23.1 last. The packet received this; intelligener
upon the 4th, from the °Timm frigate, which had
parted from the fleet composing the secret expel;.
ion, that lately sailed from Portsmouth. This ac.
count was received yesterday it LLOYD'S, and the
main point of the return -of the fleet, we under-
stand, is confirmed by inteliigence received at the
Admiralty. The only difference between the two
accounts is this—the account at the Admiralty
states that the event of the return of the deem to
Cadiz took place pr:vious to the ?Rd. This
genre produced a great sensation yesterday in the
City. Insurance upon West India shipping fen
nearly 50 per cent. Various causes are auigned for
the return of the enemy to port. By some it is sup.
posed, that the land-forces which were on board,
finding that the %Vest Indies was their destination,
and disliking the sertice, bad mutinied, and com-
pelled their officers to put back. Others assert,
that advices have been received that the fleet leas
returned to Cadiz four short of the number which
sailed from Toulon. From thence it is inferred,
that it has had an engagement with Loid Nstsou's
fleet, and been obliged to retreat with a loss to that
amount. It is urged, in support of this conclusion,
that a Manifest"-, of a recent date, has be. 1. :r:.•l7ed,
which announces that the Toulon squadron ro:t with
the English fleet, and had an indecisive anion. Th't,
is precisely the mode in which the Moniterr w '
announce a complete defeat ; but, not having s -
the paper, we cannot speak with confidence up
the Subjea. The return of the fivt, however,
which am be consiJerel the main point, as re-
lieving us from the anxiety stinking from the ig-
norance of its objeet and destination, appears to rest
upon authority that cannot be doubted. The Prim
ef Wa.'es packet has brought a Mail, bat the letters
will not be in town until this diy. She has she
brought advices that a fleet fr3m England had ar-
rived at Lisbon, on the Sd instant.

We were among the foremost to condone die
idle fears, or insidious designs, of those who ealkd
upon the Parliament to discuss the Catholic Claes-
don in secresy and darkness. The insinuations
which formed the basis of their advice, were fiaegtb
with the most dangerous consequences to the public.
They appear to have made some impression ; as
Mr. PITT, in his able and eloquent meich, bf
which we yesterday gave a full sad faithful re-
port, seemed anxious to ergress his disapprobatios
of such advice, and ccngratulated the Hoeft apes
the temper and moderation withisrbieb the debate
was conduced. What q dignified rebuke to thole
political prophets who foretold that the publicaioa
of the debate would scatter firebrands among the
people! With much better reason, we confidently
predift a very different result. From the moment
Mr. Pori. refused to advocate the Catholic muss.
the most sanguine friends of the measure did not
hope for success. The votes of the two Houses
of Lords and Commons cannot, therefore, in-
volve the consequences that might possibly
result from disappointment. All that the Catholics
did from that moment expel, was to have their
claims advocated with ability in the Imperial Par
liament, and discussed with rupee, with temper,
and moderation. That expeastion has been
amply gratified ; and we do think that. if the rafu•
sal of their claims should even infiia a wound, the
.ic►:iouledgment by both parties of their weigh.
and importance in the empire, and the praises b''
stowed Upon their conduet, ought to manse& them
io their fate, and tranquillise abeir feelings.

A Gottenlmsgli IVI'Ail arrived yesterday, its cos
tellts are or n(,. ImpQrtanell.

-- ---- -----.
A Cabinet Coaucil sat yesterday, at which it is
supposed that the dispatches announcing the return
of the combined fleets of Toulon and Cadiz Were
taken into consideration.
Government have received intelligence of Lnr4
G A lION Et% having resumed his station. with 1$ Sits
of the line. Dispatches were yostorday waived from
his Lordship, dated off Usbanta
Yesterdas, a Court of Direaors was held et the
East India House. when Gut Aan Brags. Ewl• Ins
i s.l,
appointed the Company's A cut at Cork, in the
m room of Mica a. Wood. . deceased. Tht
Court adjourned at seven o'cloe tall Wednessisf

next. -
A splendid Russian Emhassy to China. eonstaist
of several thousand persons is to set one (roes St-,
Petersburgh. nn the 24:b instant. The Easportx°l
Cain* has intimated his intention to give it a wen
grac;ous reception.We learn by letters froui•Gueinsey mad Jell*
that the press has been verribecasstal is both she
islands, upwards of three hundred red wow
having bees picked up since the ersharge coot
menced t *circumstance which attar seek paw°
those islands before.

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"Zir -
MRS. DUPRE'S MASQUERADE.
This Lady gave last night a magnificent Masque-
which was most brilliantly. attended. Two
• :,
nand fashionables were present. Th..: house ap-
!:ed at entrance a Temple of Flora. The staircase
the balustrade were covered with shrubs and
len, the beauties of which were richly displayed
or numerous light relon and variegated lamps.
:-Three superb drawing rooms constituted the
of action, on which all the nations of the
appeared to contend for the prize of wit and
iety. The cielings represented a beautiful sky,
the pannels, which were inlaid with gold, were
festooned with the most delicate, rare, and fragfint
wen. T he card-rooms, and the four supper-
, .r,ms urn the p,rounil-fluor were OT namented in a
evrtespongding style.
Amon the best supported charaaers were a Ani
and a Maher Shipiors, (u4siers, Ilay makors, Nuns,
Jorkis, Oscar G•rlt, Lurks and Hermits ap-
peared in abundance. Among the company were—
Nis Royal Highness the Prince of Wales.
The Dub: ofsSussea.
Boehener--/forthumberland sod Gorden.
Cnontereo--Ashburn'Ani, Macciatheld, Carlisle, Limeeek,
Albe. 'irk, Corniest, litncbtirough, Buckinghamshire, Tan-
; bonne, Einton, Tsihnt, Sefton, Carhampton, and Temple.
Marchionew, —Stafford And I lestrt.
Ladis.4.Sheffie4. Carrington, Senn, Locgronl, Cawde,,
Balag, Pearhyd, Hntitcota, kkotiucic, S. Stewart, two,
Masotiseary, Da CtiT,,d, and Dr nevor.