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London, England, 1805-03-20 00:00:00

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esigularly upon the main subjee, moved, that the
late Resolution of the House respelling the Commit.
tee appointed to consider of the matters alleged in
charge against NIT. Justice Fox be read; and -...150
certain Afts of Parliament. which he conceived to
• . bear upon the general subject; which being read
accordingly, his Lordship rose, and in the course
• of a speech of considerable Imgth, replete with le-
gal and historical reference and detail, observed to
the follow ;Wed :—lle was prove sted by a do-
mestic misfwrone from attending the earlier discus-
sions upon tne case of Iklr.olustice Fox ; were it
otherwise, possibly the necessity of the steps he was
about to recommend would have been obviated.
The mode of moceeding hitherto adopted was• one
which he highly disapproved in other points of view,
,
i beside those of its being produdive to the parties of
great expence, dclav, and vexation. It would be
i . necessary, in • e.ne degree, to tread back the steps
they had taken; but did it appear to be consistent
-With the honour, the dignity, and, above all, the
corneae's of th.iir Lordships proceedings, he
thonzlit there could he no hesitation to do so. What
E" •3 to propose for the adoption of their Lord-
1./ : r•osiLi be resolved into various propositions:
:.tad jest vie.:.s, tor the appointment of a Committee to
search for precedents of cases of any charge brought
Forward of high crimes and misdemeanors against
any individual by a Peer of the realm, upon his own
. ' T.-mortal statement of faits, &c. ; and how far it is
coosiet• it with any law or statute, or usage of
Parliament, that House can proceed upon matters
1 so originated, unless upon matter of Record, or by
Petition, or entertained as matter of privilege.
Secondly, that such Committee should search for
precedents of any such charges being made
against any of His Majesty's Judges, previous
io toe Aft of William 111. Also to enquire into
proceedings adopted on the ground of Petitions, al-
l-ging charges of high crime and misdemeanour ;
and also whether charges preferred against any per-
t son proesseding from individual assertion, can be,
under the operation of the Statute of Henry IV.
i regulatly or legally entertained or ailed upon in
that House? In considering the general subjeft,
their Lordships would have to/consider what change
has really been made in the situation of the Judges,
W. the Aots applying to them ; and, with resped to
the particular Cal* before them, whether, with re-
ference to the Ads he alluded to, such a charge
could, regularly and properly, be made in that
'pi House ? In arguing against the corredness and pro-
pri-ty of the proceeoings'which had hitherto taken
place, his Lordship made frequent references to the
i provisions of the Ad of Fleou-y IV. and adverted to
several cases which had obtained, of charges
being made, and of the line of proceeding adopted
upon them, ohich, be contended, bore him' out in
saying, that sto Is proceedings could tot, properly,
originate in that House. Referring to the Ads I
respelling the Judges, he contended generally, that
to an upon principles contrary to what he had laid
down, writil f he to place the Judges in a different
situation from that of any of then' fellow subjects;
the benefit of a full and free administration of jus-
tice ; benefits which the application of the provision
I • quarts dim re bens g AAA e r int did not ex thole them. His
Lordship argued with great ability against the pro-
f priety and correaness of the • proceedings hitherto
adopted, in the particular instance before them ; and,
i that cases of the kind could not regularly originate
1 in that House. He referred to some prmiinent con-
, siderations its the particular case, some of the
charges hem:: of a very weighty and serious nature,
and which were made on information given by a
third person. Besides the great considerations of
public and private justice in the case before them,
his °Ned in coming fotu'ard was to adord the
House a regular ground, and the necessary informa-
tion, previous to their deciding upon a case, in every
point of view, of such great importance. He con-
cluded by moving his first proposition, viz. .. for
the appointment of a Committee for the purposes
above stated."
The LORD CHANCELLOR quitted the wool-
sack : he war fully impressed with the importance
of the subjeft, and hoped the decision of the House
upon the case would be such as to conduce to the
great ends of public and private justice. With
I reaped to the proceedings hitherto adapted, whatever
ettor or mistake might have prevailed, it was, at
least as far as he was concerned. tound-4 upon
a tender regard for the situation and charafter
of the individual in qfiestionrand he hoped the con-
clusion of the bminess would turn nut so as more
closely to attach to him that very r.s,3edable clia-
railer he had hitherto preserved. With resped to
the proposition of his Noble Friend, be thought
the appointment of such a committee at best un-
necessary, and it would only tend to a continuance
of that system of delay, expence, and vexation,
which the Noble Lord had himself complained of
Were they of opinion that the matte: s complained
ef in the petitions were not such as ought, under all
the views and bearings of the case, to be proceeded
upon in that House, it was their bounden duty, more
especially to the public at large, to declare so at once
by a short vote. The Noble and Learned Lord
argued against the appointment of the committee
principally on the ground of its being unnecessary.
There were no cases of the kind since the Aft of
Settlement ; and, previous to that period, they were
already in possession of such precedents as were
necessary to enable them to form a proper decision
With a reference to some points, conneeted with the
particular case nefore them, he observed, that care
should be taken that the Judges were not placed in a
worse situation,with respeft to the criminal justice of
the country, than any of their fellow subjects. Dis-
p•ising of this pert of his subjeft, he argued alai,st
the appointment of the desired Committee, as tending
to protrad delay, to induce vexation, and to in-
crease expence. IVliatever opinion might be enter-
tained of the proceedings already adopted, he
should never repent of that lenity which their Lord-
ships, in their discretion, thought proper to shew,
arid which he had implored them to interpose in
the way of an examination, previous to any pro-
I ceedings, at the Bar of the House, being adopted
upon the case.
i Lord GRENVILLE could not bring his mind to
concur with the Noble and Learned Lord, that fur-
ther investigation upon this subjeft was unnecessary.
He had expressed his opinion at an early stage of
the business, and, whatever might be the law 4 Par-
liament, every consideration, both of wisdom and
justice, called upon the House to deliberate upon the
question. His Lordship insisted on the necessity of