The British Press; or, Morning Literary Advertiser.
London, England, 1806-02-28 00:00:00

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Judges; het the late proceedings were rash,l
as involved m them points of constitutional im-
perance. With resort% to the fidl, so notch
the, ohje,rt: of the Noble and Learned Lord's re-
prehension, his mind was made up as to its jus-
tice., or expediency, whatever the opinion of the
I ertned Judges might be. Were their answer as
ex; lie* aft in fait. it was lIWA.AIC,t, it would have
no etfeN•upou his mind. He liked not the ptac-
tire of calliretrepon the Judges for their opinion
upot particular questions; such a principle, if pushed
to" far, would go to Tynan the tuttßiors of chat
House, in such CAWS nugatory, and operate upon it
a. p species of controul. It dial not become that
sous-, he thought. laa refer particular qu-sti,ins to
the Judges; but to refer gaiseral quertions. with a
view to Laming the law upon pleat occcasions, in
the construCtion of an Ast of Parliament, of the
like ; but the pranice of rcterring qaestinns arisims
from particular insranees, WA 1 n .f Clllls,lnArit with
the dignity of the House ; they rui;,ht as well re-
fer the whole body of the evidenr•. or call upon
them to kt,ow whether individual ohjeas of accu-
sation befor-. them, were guilty or innocent.—
He rather differed from the opinions of certain
Noble Lords, with respell to the reeent answers of
the Earned Judges ; that to the third qiiestion, wits
completely satisfaCtory ; and the season which ap-
peared to he assigned as to the second question,
WAS. that there was no difference between it and
the first ; towards the conclusion of his speech, his
Lordship mentioned his entertaining the idea of
proposing a Cosnmit.ee to search for pietedeats ;
with respell to the reasons heretofore assigned by
, the Learned Judges, for not answering questions
referred to them by that House.
Earl STAN HOPE said, if the Noble Lord who

spoke last, had the misery, as he had, of attending
the trial of Warren Hastings far six years, he would
t. know, that it was the general practice of the Houser
to submit particular questions to the Judges ter their
opinions, and that the majotily of instances re-
forted, (luring that trial stele particular considera-
• Lions. .If a Tiestjun were so g.ner.tlly teamed, as
I. ill.Olve both negative and positive answers. it
-......
'd be shaped so as to ennble a elioind Nitric-it-
tower to be given : on this ground he had no
lion to the near quest' ; but after that cries.
oe nee like it should be rot, and the answer
1, it was his intention, if no other Peer more
!wont than himself shook' vitne t.q•wArd. to
it that which shotid involve a Zi`lll.lll OPIZIOn
, -
upon all cases o wi.ich the oriAinal question re-
forest. In his opinion, th- law, as applying to
every Case, should be as general .is the nature of the
case would admit. It oistltt to extend t., the eases
of any witnesses examined before any ttibunsil; and
to regWate, with respedd to the evidence to be risen
in any criminal prosecution or suit. A considera-
tion, which, among whets, strongly induced such a
conviCtion in his mind, was what occurred on the
aforesaid trial of Warren Hastings, in the instance
of Sir El.jaS Imaey, who demurred to answering a
certaio question. in order that he might consider how
the answer might affeet himself. At that time, a
pending impeachment of that witness was before
dse House of Commons. 'these considerations in-

aria
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duce.' him to thnk, that the law, in that respelt, re-
quired alteratirn ; and, in that view, it was his in-
tention to submit a short Bill to the House, after the
Judges had dellvered their opinions %ion o hat
was about to be refer: is" to them.
The LORD CHANCELLOR (Erskine) made a
few observations. He first adverted to the pro-
teddings which had hitherto taken pl ice on the oc-
casion, and did not appear to consider the easel's
involving those difficulties which some Noble Lords
seemed to apprehend. If the questions, in the
'plaints of the learned Judges, were so put, as to in-
duce a difference of opinion among them, u to the
welter proper to be given upon such a general
proposition, the House would hare to consider
what further questions were proper to be put. so as
to satisfy their minds upon the doubts entertained;
oe what further course was proper to be pursued, so
as,.if they should think roper. to render such sp.'s.
noes capable of a distinft answer. With respea to
the repren,tsen,ietatititni,foiVrhye JtoultEsiittaiset thteLtanwsawsear
mut for their Lordships, and not the Lcaaned
'hedges to deride upon
Lord GRCNVII LE highly approved of what
had fallen from his Noble Friend en the Woolsack.
That the Lec'ned Judges had differed in their opi-
nions as to the qiiesti.ms put, was plain from the
tree veer communication. And the answer given
was of that *attire, namely' that the question was
too'genetally put to be satisfadtorily alswered, as
could not, considering the situation in which that
House was paced by the constitution, be received
by their Lordships ; the main proposition of the
question was one which admitted a distial answer
as to the law. it was either true or false. As melee
generality of the questi 'n, that may be remedied,
and the proposition may be put as aplicAble to cer-
tiro persons, in certain situations, aticl answered at..
cot ding' y. He bared_ the answer given n i igh t
Is •V! proceeded from an over anxiety cam the occa-
sion. With respeß, however. to the particular
question proposed. it would be better not to
press it now, as such might hare the appearance of
retogniring the answer upon, the table. Ile then
uttered to the kencial subject, aril observed, it
would be reticently desirable, as far .1• possiiiit, to
avoid doing any thing, either by judicial inquiry, or
logislative permi•sion, that may have an . ffett or i
bear urea a particular case, in the intersei between
such a period as the resent, and that in which it
may be Istcught hclore them for et taL
Lord HAWKtSBURY espeessed his approba-
tion of the great. r past of what fell trim tLe Noble
Lord. He, however, thought the mode of pro-
ceeding. is the thing now stood, a matter of no
smell consideration. It should be put into A rega-
-1 lay course, and in a way the most respeflful to the,
Jadges. Had the tire ror annunciation of the
Lpinced Chief Justice been taken down rerd.i.m , a
eel-olar proceeding might have been in.tirmed upon,
its on ancgl,er gerund of preceding might be
(—wit), were itio Foe orderitood that the Judges had
r...it selnlarly given iu their answers. and so take
time for further consideration. With respect to
whar_a Nobleta.l said, of his intention to amend
,' the law in sue cases, by a general hill. he did not
L think 11i: cleaned object would be attained by such a
! ninstve. -1
► Los d NUCKLAND vot.4 shortly in explanatii:a.
i___

'The EArl of R ADNOR said a few worth re-
spenitt,; propriety of getting the opinions of tate
Learned %crier/et, upon the occasion.
Lord' ELDON. in explanation, ternat Led, that
feetiag his opinion, so confidently as he did, WAS the
cause of his putting the qu siun genet-atty. Alter
enforcing some of his former oihset rations, he
said, dte hest way would be in such a case, not to
..et upon what the sense or the .01!11.1i1.11 airy parti-
cular individual might be.; bit: upon wnat was
conceived to he the general seise ••f the House. As
things stood, he thought it wcitld to advis.ihts
:t.iiurn the debate till to-morrow, wnets the .Tit Iyrrs
might attenl; and affording time for further consi-
deration, in the interval, they n.ight then, if
deemed proper, delt•itr their opinions, Set l'afigh
After a few fatthtr remarks, the and Learned
Lord redifeecl these proposittin•x to the shape of
motion, wnici!, on the queition being pu: (Lord
Auckland's motion being previously agreed to he
withdrawn), and meeting the general sense of their
Lordships, was ordered accordingly.
Theo:second relding of the Bill from which the
above discussion originated, was then postponed till
Tuesday next.
Earl Spencer presented a Petition from Brigacher-
General Waber Kerr, setting forth his claims to
the Dukedom of Roxburgh, which was referred to
the Committee of Privileges.
On the Motion of the Archbishop of Canterbury,
the Thanks of the liouse w.re ordered to be given
to the Lord Bishop of Bristol, for the excellent Ser-
mon preached by hint, before their Lordships, on
Wednesday, the 26:h inst. in the Collegiate Clitirsh
of Westminster ; and that his Lordship lie requited
to cause a sufficient number of copies of the sante
to be printed for the use of the blouse.—Adj.:ut tied.