The British Press; or, Morning Literary Advertiser.
London, England, 1805-06-24 00:00:00

Lordships. He knew what had been the living '
and dying judicial opinion of the great law au-
thority adverted to upon the case; what pro-
fessional men might say, other than in their cha-
raaers of lawyers and judges, W2S not so much
to be relied upon ; bin this he believed, that as to
the real legal merits of the question, no lawyer with
a gown to his back, had any difference of opinion,
or would hesitate to declare it instantly, were it only
in a case of ten potimis ; they would see, therefore,
how much of the deliberation and caution which
had obtained, derived from the consideration of the
immense property involved, and the particular
bearings of the case in other respeißs. The cause
had certainly been a very long time under consider-
ation, and it was nearly two years since it was ar-
gued and discussed at their Lordships bar. Proceed-
ings tending to the final deci, ion were morethan once
postponed, and at one time to another session, at
the instance of a noble and much respaled Learned
Friend, now no more, on account of the absence of
the Noble Lmd himself (Mulgrave), on professional
duty. Besides, the consideration of the Judges
having to deliver their opinions on Tuesday could
be no possible reason for their Lordships then corn-
ing to any premature resolution, as to subsequent
proceedings. ‘‘'llether the Judges should be unani-
mous in their opinions upon the case, or not, it
woulJ not go to preclude the House from exercising
its judgment, or its discretion as to the forme prefer-
able line of condat. When the Judges should
have delivered their opinions, it would be time
enough for the consideration of the most material
part of what the Noble Lord proposed, but, under all
the circumstances of the case, and the proceedings
hitherto adopted, he could not give his assent to the
motion of his Noble Friend.

Lord MULGR AVE spoke in explanation, and
pointedly adverted to what transpired from the
Noble Lord on the Woolsack, respeEling his having,
on the suggestion of a Noble andl Learned Lord,
now no more, consented to pospone the considera-
tion of the case in question from one Session to ano-
thor, on account of his own necessary absence on
professional duty. Such a proceeding was without
not only his concurrence but without his know-
ledge, and what he must disclaim as any argu-
ment against bis proposition for further delay; but
surely, if his noble and learned Friend had con-
sented to postpone the business on such a ground
as that, on the absence of an individual Peer, who
professed to know nothing of the law, and who
never troubled the House with observations on the
subject, surely he could not consistently refuse to
accede to his proposal, on the strong grounds which
had been laid for it; and which involved the opinions,
either as left to the House, or as not having the case
regularly argued before them ; of four men, either
great and eminent authorities, or profoundly versed
in the science of the law.

The LORD CHANCELLOR, in explanation,
was fn e to confess, it would have been better, had the
Noble and Learned person alluded to, never made
such a request, or, that he had not acceded to it.
Lord HAWKESBURY observed, that with re-
sped to what was thrown out as to the influence
which the opinions of the Noble Lord on the wool-
sack, and of the Learned Judges, must have upon
the decision of the House : for his part, his vote
upon questions of that kind would be regulated by
the confidence he should have in those sages of law.
At the same time, he admitted, that it was perfeftly
competent to any Noble Lord to deliver his opi-
nion upon subjeets of thelkind, and to decisfejaccord-
ing to the didates of his own judgment, and such
WAS perfedly in unison with the appellant jurisdic-
tion of that House. With resped to the grounds
which his Noble Colleague, considered as adequate
for doing that, which may tend to postpone the
decision of the House upon the case in question a
considerable time longer, he could by no means re-
gard them as such. Were they to postpone pro-
ceedings of the kind, on account of the demise of
one or two of His Majesty's Judges, and thejappoint-
mem of others in their room, or the loss by death
of one or two members of that House, however re-
speßable, things continually occurring, they may
put off their decisions to all eternity.
The Earl of Wssr MONZL•NO and Lord Hawats-
Su It Y severally spoke in explanation.
The question was then put, when the Motion was
negatived without a division. The subsequent pro-
position for the rehearing of the case, and the at-
tendance of the Judges thereon, of course was not
put.
Lord HAWK ESBURY moved, " That a Mes-
sage be sent to the Commons, to desire that a copy
of the Report of the Seled Committee of that House,
to whom so much of the 'l'enth Report of the Com-
missioners of Naval Inquiry, as related to the ap-
propriation of monies lodged ,in the Bank of Eng-
land, on account of the Treasurer of the Navy, to
purposes not Naval, Ste. was referred, should be
communicated to their Lordships."
In answer to an observation from the Earl of Rad-
nor across the to►le—
The Noble SECRETARY of STATE observ-
ed, that as a Bill for indemnifying a Right Hon.
Friend of his, with respeift to a part of his condud,
was granted on the Report moved for, some light
may be derived from that document, with respell to
any discussion that might possibly arise as to the
Legislative provision.
The question was then put, and the Message or-
dered to be sent accordingly.
Adjourned till Monday.