The British Press; or, Morning Literary Advertiser.
London, England, 1806-06-20 00:00:00

courts T!-.at House was net a Ceert of miginal
jurisdiction. Were they to open the doors of the
House to complaints of this kin), and proceed to
entertain the present —upon what principle cuuld
they shut them against the complaints at Any ;tarty
who might consider himself aggrieved by the deci-
sion of a Judge upon a circuit, or oy his behavi.ihr
Ohint as a juror ? Where coo!cl rte li.le he dr '.en ?
ther complaints most he eateit tined, as 1,61 as
those against Mr. Justice Fox, and their Lerdsh:r
. nay be occupied, Ai in the present installer, for
three, nay even to an extent of seven years ! These
proceedings would go to tender not only more ar-
duous and unacceptable the office of A Judge. but
even in the way of expence to amerce him to that
degree, as would absorb the whole of that we:l
earned salary ; the recompence of a life of toil, and
studiously acquired science. His Lordship conti-
nued to argue the irregularity, the unconstiori-
onal tendency, aud, in many respells, the is ju-
rious operation of the line of proceeding adeieed
in the present case, which, in some degree, woad
go to deprive the subjeas of the realm of the be-
nefit of those equal laws under which thee had
the happiness to live. Waving all these unanswer-
able objeteions, be was willing to consider that
which 'se was about to propose on the :.sere view
of the expediency of the case. Their Ismeishios
must be aware of the present advanced peti• d
of the Session, and with reference to the late la-
bours of the House, and the great quantity of im-
portant business they lead disposed of, what a slight
prospeet there was of an adequate attendance. The
situation of the Leaved Gentleman also would be
a matter of serious consideration ; the arduous and
delicate predicament in which he was placed, would
be also nutter of serious consideration with their
Lordships. No man could be more desirous
than himself, to provide duly and legally fir
the safety and protection of their fellow-subjeat
in that part of the united kingdom ; but had his
poor voice been attended to, sinotht,i and more effi-
cacious course would have been adopted After
adducing a variety of other ()Agree itions in sup-
port of the positions he had laid down, he con-
cluded by observing. he should propose to adjourn
the farther consideration of the case to a day be-
yond the certain event of the present Session :
whice, were it on the ground of expediency and con-
venience alone, he shreild deem it incumbent on
him to propose, namely " That the farther pro-
eeedings in this case be adjourned to this day three
months." • -.
On the question being put,.
The Marquis of A BE RCORN began a very long,
and in many points very eloquent and animated
speech (which cur limits preclude as from even an
attempt to follow), by observing, that were the
House prevailed upon to concur in the motion of the
Noble Lord, they would take a step, lie was
thoroughly convinced, the eonntry may have for
ever to lament. He contended for the full eligibi-
lity of that House to entertain and discuss a com-
plaint preferred on the motion of any of its mem-
bers, and without reference to what the other House
of Parliament may do or not. To abandon such a
principle, would be to deviate from a line o! con-
du& often aged upon by their forefathers. But the
present was not the time for a consideration of that
kind—the period was past ; on its preferable line of
proceeding, the House bad repeatedly and solemnly
decided, and even confirmed it by a legislative mea-
sure at the close of the last session, which authorised
the carrying on these proceedings in the present.
When he considered what had been already, dune,
the orders repeatedly made for the attendance of
witnesses, who had come from distant parts of Ire-
land, and which implied a pledge of farther pro-
ceeding, he was at a loss to reconcile it with a
principle of good faith and justice to their fellow-
subjeets in that part of the United Kingdom. These
witnesses came many s weary mile, by sea arid land ;
they were encouraged to come thus far, and felt an
assurance that the case would be proceeded
Were the contrary line adopted, it would not be too
much to way—it would be both seen and felt! In
considering the present momentous question, he
felt it incumbent on him to remind their Lordships
of the circumstances of die case—of mutt it was the
Learned Judge, whose condira gave rise to the pre-
sent discussion, stood charged—the particulars of
his condua in those respeets—and the proceedings at
different times adopted is that House.from the time
at which the complaint was originally preferred by,
him, to the present period. The Noble Marquis
then entered upori an exposition of the leas and
circumstances specified in those articles of charge,
which were long before the House and the public, and
already known to our readers in a variety of shapes.
We deem it, therefore, superfluous to recite them.
On several parts, his Lordship expatiated with great
warmth and feeling, and seemed to produce a cor-
respondent died upon a number of his auditors.
He first particularly adverted to the Addresses,
vies/rim described the Learned Judge as endea-
vouring to procure, for the removal °Mat &ICI.
ble and excellent Nobleman (the Eatr of Hard.
wicks) who sat near him, from the Vice-royalty
of Ireland; a line of conduct, which, in one of His
Majesty's Judges, of all others, he deemed most
worthy of reprobation. He nest adverted to his con-
duct in the levy of excessive fines ; and referred to
some extraels to chew, that in one summer circuit,
in three counties only, he levied fines to the amount
of 14351. ; when Mr. Justice Osborne, who presided
as Crown Judge, did not deem it necessary to fine
any individual a single farthing. On this part of
the subjedt, the levying of excee lye fines, includ-
ing the condua of the learned Judge in question,
to Mr. Irwin, then High Sheriff of the county of
Fermanagh, his Lordship expatiated a great deal ;
and reprobated the conduit alluded to in strong and
animated language, as tending to establish a species
of precedent of the worst kind ; and one, more than
any other, likely to be injurious to the rights, and
destruaive to the properties, of every description of
His Majesty's Subjeas. Considering the difficulty
and danger which bad for many years attended the
fulfilling olcivil dirties in Ireland, particularly during
periods of commotion, when assured security was
only to be found by the well-disposed in activity, it
was essentially necessary that persons in the exercise
of their duties should be protected from oppression,
and the hazard of having their well intended exer-
tions converted to their injury and shell!, in a quar-
ter where they were most intitled to commendation
and protection. The Key-stone of the virtue of-juries

was their iodepeolenee ; ern! since the days Gi Jedoe
Jefferies, this was the first ihstance in which that
independence hod been attempted to be subverted.
It was not their ow it torwardness and presumption,
hot the constitution of the country that put men
torwatd into the situation of Jurymen ; and if, to
the ceercise of their funaions and honest opinions,
they were to be bUbjeaCd to indignity, and to have
their reputotion assailed by a stierna, attempted to
he affixed to their names for life, their situation
isoeitd ittleed be lamstaahle, and the high-prised
ii, ivilsge of Englishmen converted into a- curse..
1 h.: case in question was not one in which the
;iii.ments of their minds could be warped by any
poiiticol or private prejudices. It was a case of
murder ; and entertaining a doubt, they had followed
that maxim, of no mean authortte, " better that fifty
guilty men should escape, than that bne men should
' suffer unjustly :" Yet, for having returned a verdict
of acquittal, they were themselves brought into
Court, and a sentenie of infamy and excommunica-
tion passed upon them. The NoOle Marquis nest al-
luded to the case of Mr. Hart. who had been called
to the dock, and publicly branded with opprobrium,
and a charge of perjury, by the Learned Jo !ge,
from the Bench, for having given a chariraer to a
prisoner who had served loin in the capacity of
Agent. The case of this gentleman, his Lordship)
said, might have been that of any other gentleman
in Ireland, who received his rents through an agent.
What became of the boasted rights of the people of
this country, that every man was to he considered
innocent, until proved guilty, if a Judge. was not
only to determine on the guilt of the party be-
fore him, but to deter others, by a dread of cen-
sure and infamy, from expressing an opinion of
his innocence, and of his general chat after ?
Whet would he the situation of the country, if
the power of Judges was to be exercised tins
contruuled ? What, if this first Application to Par-
liameot on such a subject was rtjeaed, or, which
was worse, half heard? And what became of the
compaa of Haion, to which their Lordships had
pledged themselves, and to which the Ir ish people
looked for the protraion of their lives, liberties, and
property? The spit it, patience, perseveroose, and
zeal they had manifested to stand hy those who
stood by them, entitled them to have justice purely
administered, and to redress, when it was vitiated
or denied them. The interest and prosperity of the
country at large, at home, aild her consequence and'
splendor abroad, equally required it. if their
Lordships proceeded in this charge, they would afo.
ford a solid assurance to the pew!, of that country,
that for private wrongs they had redress at law ;
and for constittrional wrongs redress by the atten-
tion of that House to their application ; and would
strew, t hat neither power nor talents, neither dignity
nor reverence of situation, was sufficient to protea
the possessor from the consequence of guilt and
public abuse.
Lord F.LDON said, that considering the motion
which had been submitted to their Lordships, for de-
ferring the proceedings, to amount to nothing less
than a proposition to relinquish the prosecution of
them altogether, he should give it his most decided
negative. He doubted whether the independence
of the Judges was a blessing to the country, if they
were to be above controul ; but he was satisfied, that
if half so:oat had bet, proved in the case of Justice
Fox had been done by a Judge in England, he
would not now have sat upon the bench. The con-
dila of that learned Judge, which was complained
of. was .0 together extraludicial ; and he thought it
was a bad and fotile argument, that if an investi-
gation was cotes tAined in this case, the correa con-
duel of the Judges of the land would he subjea
to be continually impugned and complained of.
The danger, he thought, was much greater, that, in
case due investigation of the subjea is as nut had. the
liberties of the people might be intriaged by the
Judges. 'Elio Noble Lord proceeded to review the
faas proved in the case, and stated, that they were
altogether most unconstitutional and extravagant,
aad such as, had he been one of the parties
particularly aggrieved, would not have allowed
him to rest until he had moved both Houses
of Parliament, to know whether he was subject
to such indignities or not. His Lordship ex-
pressed his perfect conviaion, that it was not
inconsistent with the situation of that House,
for them to originate proceedings against a Judge,
who only held his office whilst his condo, was
conch ; and, he thought, that the proceeding
which might now be had, of addressing His Majesty,
would not militate against the judicial funhions of
the House in an impeachment or other proceeding
of ter wards.
The LORD CHANCELLOR said, he thought
this WAS much too advanced a pet iod of the Session
fcr the House to entertain the idea of going into the
business in question. No man, he would say, had
ever gone further than he had to remind Judges of
their duty ; and no man was more jealous of their
authority, and cautious against judicial usurpation ;
hut. in proceeding in this case, it behoved their
Lordships to be cautious that, in complaining of an
infringement of the liberties of the people, they did
not themselves set a worse example than they com-
plained of. It was inconsistent with the immutable
principle of justice, for those who were to decide
between a Defendant and his accusers, to know a
syllable of the evidence, except it was heard in the
presence of the Defendant, and the opportunity af-
forded him of cross-examination ; and yet, should
the other House of Parliament determine upon an
impeachment of Judge Foe. their Lordships would
go to the trial atter they had been for months engag-
J ed in examining evidence,biassing one another by ha-
rangues, inflaming their passions, and accusing the
defendant. By the discussion had on this sublea, their
Lordships were working themselves up to a pitch of
judicial fury, to which Justice Fox might be the
victim—he would be tried by those who had before
condemned him. The Noble Lord, at some
length, ably argued against the possibility of cri.
mina proceedings originating in that House, which
would be putting itself into the capaeties of Pro-
secutor and Judge • and concluded by instanc-
ing the case of Lord Holt. who had denied
that he was amenable, in a similar case, to the autho.
riry of their Lordships.
Lord HAWKESBURYsa:d. he rose only to ob-
serve top an error of opinion, which seemed to be
entertained by the Noble Baron who opened the de-
bate, and by the Noble and Learned Lord who
spoke last. This was not a ctunizil proeceaing, as