The British Press; or, Morning Literary Advertiser.
London, England, 1805-03-26 00:00:00

MR. JUSTICE FOX.

Lord AUCKLAND, agreeably to the notice he
had given, brought forward some farther proposi-
tions in reference to the pending case of this Ma-
gistrate. After some general observations, as to the
peculiar importance of the case, the necessity
which existed fur their Lordships deciding upon it
with the utmost caution and deliberation, with a
view equally to the correfthess of their own pro-
ceedings, as well as to the importance of the case in
the way of precedent, and, adverting to the circum-
stance of the proceedings in the Committee being
adjourned till the beginning of May, against which
period, their Lordships may he furnished with the
necessary information of advice upon the point,
moved to the general effeifl, that " the case against
Mr. Justice 1-ox. the charges alleged, and steps
taken in consequence, he referred to the consider-
ation of the Judges fur their opinion of the same ;
and whether the case, as it stood, could, consistently
with the relevant Afls and usage of Parliament,
be farther proceeded in that House, and in that
manner."
The LORD CHANCELLOR did not then wish
to offer any opinion as to the substance of his Noble
Friend's Motion, but he recommended that the con-
sideration of such a proposition should be deterred
for a few days. On the first view of it. they should
hesitate ere they agreed tr, put such a proposition to
the Judges, as containing points upon which he, for
one, perhaps, could have ro doubt. He shonld,
however, in the interval he meant to propose, pay a
most sedulous attention to the Precedents, and to the
Records on the.fournals. It certainly required some
deliberation, as possibly, by taking such a step pre-
cipitately, they may advance briber in error. After
considering rite prvo:ition in a variety of legal points
of view, in the course of which he deprecated the put-
ting such questions to the Learned Judges without
further inquiry and deliberation ; he moved, that
the further consideration of the Motion be adjourned
titl dils day se'nni2ht.
Lord GRENVILLE did not mean to oppose the
amendment of the Noble and Learned Lord, but
agreed in favour of a great deal of what fell front
the Noble Lrd who opened the discussion. He
contended, t it sooner than persist in error, they
should, if found necessary. tread back their steps ;
and he hoped, that ne fear or imputed inconsistency I
would deter them from doing that which they should
find to be right. He thought it would he proper
to take the opinion of the Judges on the occasion,
who, it should be recolleael, had. officially, seats in
that House. No objeaion would be urged, he
thought, to the Noble and Learned Lord'. amend-
ing the language of the proposition, as he should
deem proper ; and, after adverting to what he
conceived a difference in the line of argument then
adopted by the Learned Lord, and what he had
urged on former occasions, observed. that he should
not hesitate to follow that line of condua adopted
by Lord Chancellor Clarendon, on an occasion
nearly similar, who resorted for information and
advice to that quarter, which the usage of that
House, and the Constitution, equally pointed out as
the most eligible in such cases.
Lord H A W K I.* S BURY conceived, that the pro-
ceedings then before their Lordships were not upon
an address to His Majesty, for the removal of a
Judge; but the question was, what proceedings
should be had previous to such an address ? Those
proceedings, so far as they had gone, he conceived,
must be either substantially right, or formally
wrong; and the very learned and elaborate argu-
ment of the Noble Baron (Lord Grenville), and the
several eases which he had cited in support of that
argument, were by no means in point. but were
quite distina and separate from the question before
their Lordships. With great respeft and deference
to the Noble Baron, he considered it rather a
quibble upon the question, than an argument
grounded upon sound principles and the stritt justice
of the case. He contended, that the proceedings
hitherto had been regularly and formally right.
Their Lordships could. pursue no other course; he,
therefore, thought the consideration of the question
should be postponed for some days, in order to
afford an opportunity of digesting the subject.
The LORD CHANCELLOR explained.
Lord AUCKLAND and Lord GRENVILLR severally
explained : the latter went into an explanation of
considerable length, in which he took a survey of
the greater part of the several cases he had before
cited, in the course of which his Lordship was
called to order by the Loan Cm aucaccoa.
The Duke of CLARENCE rose to Order ;• he
observed that the Noble and Learned Lord on the
Woolsack had called his Noble Friend to Order for
the very thing which he himself had repeatedly
practised in the course of the debate. The Learned
Lord had frequently made his own observations
upon the question before the House, and now re-
fused his Noble Friend the same privilege, whose
talents were not only an ornament to that House,
but to the country at large.
The Loser CNANCILI on again explained, and
Lori GsouvuLLr. conclo.• I his obtervations.
Lord ELLENBOROLIGH conceived that the
question befiire the House was, not whether their
Lordships were to address li:s Majesty for the re-
moval of one of the Judges, but whether their Lord-
ships would take the opinion of the Leartiect Judges,
as to the manner of their future proceed'ns ? His
Lordship bad no objeaion to his Learned Friend's
wish to postpone the consideration of the question
for some days, as in truth he thought it but right
they should take time upon so important a pro-
ceeding; but the impression upon his mind was
that, before any address should be presented to His

4`

Majesty, the question should be tried by a Coui t of
Law, and Mr. Justice Fox should be e t Itr folind
guilty, or acquitted, of the charges laid against him,
by the verdiCl of twelve honest, and upright men.
The regular proceedings should be had upon that
verdict, a writ of error should be brat ht, and the
verdid either affirmed or reversed ; if the former,
then the matter would come properly before their
Lordships. His Lordship then went into some ob-
servations of considerable length, upon proceedings
by impeachment, which he considered would be the
most preferable mode. He expressed a strong de-
sire that the opinion of the Learned Judges should
be taken upon the question. It was by no means
beneath the dignity of that House, or at all deroga-
tory to their Lordships' privileges, to take such an
opinion. It was for such purposes the Learned
Judges sat in that House, and he trusted their
Lordships would resort to them, who were so very
competent to give their Lordships the necessary as-
sistance. His Lordship, in conclusion, made some
observations upon the cases cited by Lord Grenville ;
and requested, it he had mis-stated or misconceived
any of them, the Noble Lord would set him right.
Lord GRENV I LLE then read the case of Bridg-
man against Lord Chief Justice Holt, for the satis-
faiion of Lord Ellenborough, which case his
Lordship had chiefly relied upon. The cause ori- '
ginated in the refusal of the Chief Justice to re-
ceive a bill of exceptions which had been tendered
to him.

'I he (Luc-thin for postponing the further consider-
ation of the matter until this day se'nnight was
then put, and carried without a division.—Ad-
'pursed to to-morrow.