The Sun.
London, England, 1805-06-08 00:00:00

Wll'l4 RUS lA.

LOrd• OA 4YSFORT asked, whether any information
was intended to be- iaid betbre *the - HonSe ',relative- to
the Negotiation with Russia ?
Lord MU I. WWI, E replied, that he was not. autho-
rized to make aity cominunication cm the subjea.
Lord CA RYSVO KT then gave notice, that, on Thurs.
clay sennight, be should submit a Motion to the'a-
Lordships relative to the it'ussian Treaty. .
Strangers were ordered to .withdraw soon after
four o'clock, and their Lordshits cOntinued in dose
'deliberation for nearly, three hour but WC could not
alicertain with certainty the that engaged
their attention: . . ' .

MR. lUSTICE
,About seven o'ciock strangers W`TC re-admitted,

when, after some preliminary., come.q.sation, the Oe=
der of the Day ti'4U moved for the Hoese to neume
the Consideration or the charge ageliest4tice:,
Fox.
Lord MINTO said,' he rose le ceeketenice of the
notice he had given ,lasX. night, to submit to their
Lordships a Motion reletiee. to the teemuunicatiori
to W. Justice Fox of the .proceedingS had be-
fore the Close Conunittee blip tinted to eeamine,
into the subjett matter of Ale accusation.,against
the Learned Judge; and-when, he considered • its,
impertence, not only as it.regarded that Learned
Person, but,the Public at large, and the AdMinistra.
tion of Justice,' he scarcely could entertain- a doubt
of success. He wished that the Secret Sclera
• .
mittee, .or by whatever ether name' it was call-
ed, should be revived, with instru4tions to repert
the evidence of the Witnesses. As Many Of the \Viet'
nessas were te:be re-examinett, it *fetid. endoebtedly
:be of great utility to have -thee evideme knceen to
their Lordships. Be confessed he, lied an ulterior
:•objeee, which Was the 'carenitmicatien of. the cue-'
• denee to the, Partie4 at the lier. The greeted on
which he desired to have rhat.eeidenee•• published .
was, that Nv•theat it the parties ‘vould,rtot Stand cm
erpial`footing ; the riceueed wottld not hwe the
same advantage in making ilek.ettce ns-tilL.'• Peti-
tioners won:ld-have preferring their C'ontplaint.
had heard it s.:11d; that the Law of hnpland did not
profess tti pet the accuSeu- a'rio too ;,,:ro,,er
Fie \vas ;aware there- Inuit be cane
disparity ivith regard to their.knowledg6 of the
but it was, evPrthPleSsgreany,to 1L rotted wliccii
that wart;. the It iv.i:Ls con3onant to the general
sPirit of the to put thein rgl p!11::1 footing.
. The clidet.enCe in the present wits, ifint the it,;-
:,cuserS eettld put questions-, evi-
dence,olwhich the accreted Must he c,44,0121,4c1y igno-
rant. •He 'con...rnictl, that it was this universt..:l prac-
tice,. 6'41: every Perse33l. Linder aceu-:ation shottid have
an opportunity; by eross-examinatien, of tryiel the
credit of the •testimony preferred ageinst him. Of
this adyentage. the-Learned,Judge-Wilq deprived. He.
• Ltbottred Alice' under at eeher incenvenienee-he hiss
tri2d by Judges who bad hiard eeideieee which he
had lick' hoard, anti -had .ciu opportueity of ..cross-
examining, It was necessary that the Learned
Counsel should hay the means of observing.
upon Ate evidence given before the Committee.
His proposition, therefore, wee that he should he
placed on the 1431 M :footing, .as' to the Means • of his
. defence, with every other person. accused. Hc was
not aware that any rule or resolution of their Lord-
ships' stood in the way 'of such a' proposition. It
could only be by the. publication of every part of the'
twidenee that the ultimate judgment ot tlieir Lord-
' ships could he satilaftery; There,were two modes;
• either of which might be adopted ; the one was, to
give the parties access to the. Papers ; the other was,
,to print theni. He preferred. the lattete and con-
. Secluettly he'should conchtde by, moving, in .the first
instance, '1 that the ;Comnittee be revived, with',
instruCtions to report the eeidence." •
Lord IL4If,I:I4..,ESI'MY ohterved, that it was
unnecessary, to enter into 'any diseteeien upon the
question. fie was inclined to- think, OW the in-
convenience on both sides Which. would attend th.
publication of the Papers would much exceed any
advantage, to he derived from them.. Ile was, how-
ever, •ready to admit; that there wai iul Itesolation
or ,Standing Order of„ the Mese coatraveniug their
• publication, and therefore; as he understood' there
were many Noble Lords cr hi, thought it :would be
,useful, and as the. Learned Judge had presettted :a
rUiltloll to that eilii4te he should not resist. the Me—.
• tion of the Noble, Lord. : • '
'Lord 2s•l'usero Stated, that if. first Motion should
accedede,o, it was his intention, to move that the,
evidence be printed. • • •
Lord SP.g,NCEit said alt-ev words in. support ofehe
Motion, and stated, that it had always been lli., wish
that the &We no!. should be printed.. .• .
The 0 arIdNCEI,LOII would not to maim .
with his Note 'a proceeding which he conceited to
heal contrary to the. forms-of the House. . 'lf, • howe:
ever, the- :Motion. as 'agreed to, it was notetei he
utiderstood, that, in adopting with t proceeding,.
their Lordslt4s threw any discredit on . the Wite
nessee. it was to be neceded to, not on, that groutia,
but on account of the peculiar circumstances in
which the' House' was* phtced.
.reipat was
diet; to the charaaer, and of -the team-
ed Personar who eyes-. the nbjell the pre.
sent pmcce ngit ; but ,prate, lien: was due to
evety one of HiS Majesty's, Sittbjeees ; and he there-
, fore tnisted, that, oti inference to the discreditof the
'Witnesses Would be t.t.tetuptief to be, drawn; what-
ever'
.
Might be- to re,eilt ne the peeseht
His Lordship 'then ebSereed: that the application
which ;.had been made by the Counsel at thi! Bar
was not reepricikibitjo airy pneral. principle, ane..

iv, or usage of the Court's Cif Law. It tiever was
pretended, tbat depositions talieh on a prey-4)1,4 In.
, quiry could he, damancliml from a :furls on,the
of a person accused. Any publication olstich pro
deedings was illegal ; the jaw did not authorize
the publi.thing of evidence while a trial was pend-
ing, liut permitted it after all the. proceedings were
cenelud.ed, it then thepresettc Mfa ion he adopted,
let 'it be understood that it passed with •their Lord-
enixit acquirseence, but by no means with any au-
' thrity. tiz. knew, from the Petition which had
een prat:sued, that it was the desire of Irr, Jus
• • ••

tic;;; Po* the e.-idence should be raade pi.blic,yat, l
he knew t het the w a mind nil` eminent .
talents of that Lear mod Pereon f4lyeirlarnied
to-judge what was t!.ie best to .130 dorie 14 his o•.va
PlLL'e}. but their Lordships mu* re,colleet„ that by
h4eiSion. they Would establish, genera ruif
liernight itrsons whose understanding
and tAellts. into;. them by.no means so ea...
pidile of foreainetv 4 proper: opinion oft the course,
they ought to adopt, under, similar circumslanees,—
In conseqaence of tip proceedings which had al-
ready 4.1*, place, it must be admitted ' that scale
of their t'iships possessed an ex party' knowledge •
of the trildence. It had been better that this had
not been the case but he'cotild assure their Lord-
ships, tharthe vote he shet4d give on. the close. of
the proceedings, if they .eveedi4 come to a conelu-
sioneshoeld he one foetuided only ma the justice of the
case, 'and unmixed by anyt influence urisieg but of
the previou.s* investiggion; This he could premise
from a mind disciplire,;4. toe Such diseriminations
but he Was far from denying, that it was .peseible •
heoressienS might remain with other minds less
ct-
cce in decisions.. His Lbraship maintained; that
there were no means by which Papers printed for the
use-of their Lordships-coeld be regularly furnished to
other 'persons. ' •
Lc.rd ZLLENBORQUgH , eiid not think it ttn. '
ressary for him to declare, .that the vote Whieit he
should give, on the conclUtiio4 of this most solemn
proceeding, would' be grounded on a strl6t regard
to justice. He trusted, that his general condo},
that the. important obligations imposecLupon hint
rank, charaaere a:l4 situation, atferded a
'sufficient pledge that his' .mind could
iniju-
enced by no other motive. With regard to the
question now
,before. the House, he was fa* from
feeliree the difficulties which presented thertiSOVes
to the mind of his Noble• and Learned Friend.—
Ile ends of ". substantial lestiee,',! required, that
. the tbemer • evidence • should be communicated to
both parties, unless soma positive regulation of the
Rouge prevented it : but So filr was this•from being
the case, that their Lordships had already ordered
copies' of the Petition, end Charges against Mr.
intake Fore..„ to be delivered to hiin. Surely, if it •
was itht to furnish him with written papers, , there
"conld be no imprOpricty in
,giving him such as were
primed. heweeer, their LerdshipS thought
right to eontioe Biel seives su strialy .to analogy,
the minutes of the uvidence might be communicated
"to i‘lr. Justio-:e. Foe in Writing. But as ta,the ones—
, fine of ;famishing l'epers, printed for . the`. use of
their I;ord;ihipA, 'to ether,pers(ins, that he consider.'
to he fully '4lceicied by the usage of the house.--
For several veers he hoc' been in the daily habit of
i reeeivine ',t it conemmications I the House.
1)111.'11'g the -trial of Mr. litBt lugs, he received, very •
dny, iiritite:d copy of the evidenee, which was
printed for the use Of the House cellye • ThiS ..eom-
treetieetftet wes absolutely neeessery, to eneiole the
Ceensel to inanage thatemportant e-1.11,.; and it *Wee
h the'petled knowledge of the Wee v.:, that they
peseee../1 it. Ile was seen With it at the Bar, and'.
it, le.ei -lout duty' to, coromOtot upon: it.-!-ti
There v.-ere, therefore*,` t'wo precedee ts in point, in
the present caae, in which their Lotdships had lure,
niched •a person accused with Written. cornmunica-
dons ; another, in which printed ebpies•of evidence
had been delivered to the accused party. No rea-
sonable appreheilsien could:he entertained of any
prbcoedine, their Liordships'House lta art; an ►nom
.11tience, on the . conduct of the ...7ovirts begun'; the
practice of these Ccn-tris was Odd, :1 by rules which
lons preicription had 04ablidled. lfrut their. Lord-,
ships Must reeolleeti al it rthey Wero now p)aced la
a el illation so a nornalnus, that no_ example drawn
from the.pr4ctice
,of es 'oleould• he ex-
peeted.to apply, to toad been the lot of their
Lordships; itetliecottree' kX rite prciceedii...4s on this
itriporiant case, to sustain very nifferent characters,.
One chaster, 44 the comaninceMent of the pro-
ceedings, had been asSinned from the most honour-
able of motives ; and if blame was imputable in
that stage of the .husines4„lie was proud ,to take
his share of it. Thvir lordships were of opinion,
that an accusation, against a person,•whose rankand
'character, were. so, .truly respectable,as' that of the
Learne''d Judge, plight net to be entertained' without
much Aellicacy, It ~ys not unnatural to suppose'
tint future accuiations alight possibly` be made by
petition e whose taleets 'and jadguient nil ht have'
It weight with the HOustt;. and su ho could not
claim the attention wilich eels' due :.te the Noble
Marquis. It w:is, tiicefore, any. 1.014, -kvi,4wd to
preteet, by a previees persons in the sietae
taunt the Learned .110.,ge, Ito:a ..vexatious, pro-
instituLd on frivolous- With all
Aloe imperfections Oa
.boGred to that Previous
proccacain7, it. had the advallthgo t' to
one use fnl precedeut,lt de m enstra 0:el their' Lewd."
ships' determination. to prevent any Jitdge from be-
ing lightly accused. 'lf this was 'an error, it Was.
an I..,iourable error, 'and one which originated in
the hest rat motives. Lordships were new
in the situation of Ridges of the leiw, and the
*t: in addition' to that, they had, •fOrmerly taken
neon' themselves the charatter of (rand Jurors, and:
ie was nann-ally to be s,,ipposed that:Atm evidence to
whieh:they lead listened itt the Litter charecter must
have made some el:, paste uppresiion on their
; minds. To, iiirnislt the ixetroleilludie' with ',copies
of that • evidence ;grits not throwing any discredit
ort, the witnesses; 'bni it was it their. ..Lordship;
should have au opportunity of comparieg• the exe
pressions they, then n'sed with those • they would
now employ upon farther conticicration,, Sueh
comparison was nt-pm,iarY to enable the HottSe to:
form an,opiiniornt the , character and • credit whieh
due to tin eVide,nee. of 'each witness adduced
tbe part•of the presecution. • In a proceeding so
et tirely. new, and ono:felons, the means of such a
exauperis on certainly would nOt be denied, if it could
be efforded eensistently 'With the regulations Of
the I louse. The
,present motion went no farther
t tem to bring tite.evid:.nce before their Lordships.'
When th`o proceedings sholild: he on the, Table, it
-weeld l.ltr tune to di teriiii win thur _soi' not they
should he printed ; but li waS.incapable: tot* con
cemee how any nnsc.hief c:.)trld arise 'from their
kk being printed, and furnisht.(l to the lA:armed judge.
" lie had already ~hewn troll: !..ucli a Course wtt,,-
therized by precedent ; 44.4 4emi:p tint,
in eadopting eit on the pr ent' ticteeion, /mu c 4
their LordshipV- 'House could possibly be :violated. •'
The LORD CiIANCI,Loft• W,
141'ed to know whether
'papers his,tarneder rued tt had rectivra
oti tht tval of Mr. Ha4inv 1t44 beta:
,

!ti i,a with '0.12 jit,ficial knowledge ..r.3f, the House ?
iris Lordship alsci observed, that the,moment the
Motion for printing the evidence should be adopted,
he should conceive it to be his duty to Make a Vio-
tion-to prevent, Copies from piing into the hands -of.
any other persons than! their Lordships..
Lord ttLENuotiotma said, the printed Papers he
received on Mr. Hastings's trial were furnished with
the entire knowledge of the House. -To remove-all.
doubt on that subject, he observed, that,having oc-
casion to refer to part of the progeedings which--was
not. ptinted,
,he: was informed, by rUrder of the
Howe,: that it. would be printed in the Appendix.
Thcldani) CUANC.ELLOR said, that far hls own
dirPaion,in the sitnatiotritt which he wa,s placed, he
should- puithe 'question to the ,House, whether Pa-
4peri_pruited for their Lordships could be commu-
' nicated to otherpersons ?
After a few words from Lord AUCKLAND, Lord
HAwforEatrity, and Lord MINTO, the Mdtion for
reviving the Committeewas agreed to.
.Thai Committee was then ordered to meet to-
morrow; and the Rouse adjourned till Monday.

HOUSE OF COMMONS.
FRIDAY, JUNE 7.
Mr. BURDON presented a Petition from certain In-
habitants of Shields, against the Inland Navigation of
Coal (by the Paddington Canal) which IN-as ordered
to lie on the Table.

Mr. CLARKE JERVOISF: presented a Petition from
Southampton,: breathing the same spirit as the
'many that have been already, presented, relative
to the Tenth.lteport, and,praying the lionse to pur-
sue With vigour the • investigation and reform k)f.
public abuses.—Tlie Petition was ordered to lie on
the Table. • '

A Message was received from the Lords acquaint-
ing the House thitt their Lordships had given their
concurrence to the Additional Staimps Duties Bill,
the Licence Regulation Bill, the Grand Junetion
Canal Rill, and other Private Bills.
On Wien of Sir Ch ARLES PRIM the. House
went into a tsommittec on the Rrportof the London
Port Imprevement Bill; in which a Resolution grant--
ing 60,0001. for the purposes mentiOned I%vas, agreed
ce. The Report to be received on Monday next. .
Mr. Rose brought up the nil-cloth, &c. Duties
Bill, the 13111 for Regulating the Trade between this
Coustry and Ireland, and the Newfoundland Ex-
piring Laws Bill ; which were severally read &first
time, and o*recl to he red 4 second tirua on'Mon—
day itext.
Ordered, on the Motion -of Mr.' ROSE, ' that the
Vouse, on its rising, adjourn to Monday nest.
Mr. Serjeant llnsT• brought up the Bill for the
better Preventing any Inconveniency that might
arise from the Insolvemly• of "such .Members of ,the
House as were Merchants ; which was read a first
time, and ordered to be read a second fime on Thurs-
day next, and to be printed.'
Mr.DtcluxsoN presented certain •Navy Accounts:;
which were ordered to lie on the Table.

Mr. Jo n voll;from the Office of the chief Seem,
try for fret r.tdpresented theCorrespondmee hetwees
the Dirt.Wrs 'of the ittlandNavjgatitarand thoserfr
the Grand Canal, in Iteland.;
.I.filich -was referred to
the,Coimuittee on the Grand Canal, •
Sir „lows: Salnv,ktyr reported from the Committee
aPpointed.to ta\e into consideration the aitswq that
should be returned tolhe Message of the Lords re-
lativeto the Lx? amitiation of Lord St. Viheertt. The
Answer contained in the Report .7.-as read and 'agreed..
to, and ordered to be sent to the. Lords. .. •
The INelwage or the Lords, requesting,,the fit—
tendance of Sir JAIIEs and Sir JOIN SJEwAtyr, was
'then taken into eonsidenuipn,, an on its being found .
that the said. lion: Barpnets 'were, wiliing to attell4
their Lordships,- aNep,i4age .N6s.ordered to. be sent
to their, ord3, acquainting. their Lordships, that the
CorninOns had gi,yeu leave to SifJottg and sir,J.odxs
STEWART to attend their Lordships, if they should
4
think fit: . • . ,
PROCEEDINGS RELATIVES 'TO SIR J. DUCK.