The Sun.
London, England, 1804-06-28 00:00:00

JUDGE FOX.

The Marquis of AB E RCO RN rose, and stated that,
he had apprized their Lordships, when last he had
the honour of ad Dressing them, that it would most
probably be necessary for him to call their attention
on this day to that Petition which he had presented
on the part of Mr. Hart, a few weeks ago. His
Majesty's Ministers had given the subjed matter of
it a fair ts,t3d 'manly consideration, and had cone to
that decision respedingit, which he and the Cootnry
had looked forward to. ' They had, indeed, with -
very great kindness to him, declined any ihterfer.•
ence in this very delkate.concern, and had, with no
very unreludant willingness, thrown the whole
' weight, trouble, and responsibility of the prosecution
on his shoulders. He would not shrink from the
task that had been imposed on him, but would ert.
deavour to substantiate the charges he had brought
forward ; and as he was aduated by no other mo.
tives than an earnest and anxious solici, tile to clear
the fountains of justice,. he did not doubt but he
should have the advantage of being assisted hyl!lose
among their Lordships who were most Competent to
advise him. The Noble Marquis stated, that in ad-
dition to Mr. Hart's Petition, he, had two others in
his possession, but they were drawn up by persons
so ignorant of the forms of that House, and so unac.
q tainted with the language of Parliament, that he
could not, consistent with the respett be owed their
-14md.hips, venture to present them in their present
ii,ai e. Wilether any, or what mode of proceeding
should be adopt( d oy their Lordships on the subjett
of those Petitions, it was not for him to suggest ;
but he conceived that at this late period of the Sea.
sicni no proceedings very elfedual couid be had, nor
indeed did he wish to. press it, as he understood the
Gentleman complained of was not fully prepared to
meet -the charges at present. Whatever other
charges he .should, in discharge -of what he must
consider as a most sacred and im,eiiousdwy, at any
time bri g forward, respeding the judicial conduct
Of that Gentleman, he would communicate to him
the specific matter with which it was meant to ac.
cuse him. He, regretted that His Majesty's Minis.,
ters had not thought proper to take up this import.
tant subject themselves, as he conceived it was their
duty to do. He, bowever, wcula endeavour to dis,
charge it to the utmost of his abilities, and, to pro.
cure justice fur those whom he, from every view he
,had taken of the _faits, must consider as grossly 4.
grieved. In pursuing that, he trusted their L,rd.
ships and the Country would acquit him of ading
from a vindidive impulse. He solemnly di-claimed
the influence of so narrow and partial a motive.
Whatever might have proceeded from the Hon.
Judge, that he might have considered as personally
direttted either against his own feelings or his cha.
raler, he professed to their Lordships that he had
entirely discarded it from his thoughts, and that
through the wholeof the proceedings. that Were-to
:follow, he would so conduit himself as if nothing
disrespedful towards himself had occurred. •
The Earl of MOIR A could not consider the No.
ble Marquis as having just ca-use for the dissatisfac.
tion which he seemed to entertain against the pre.
sent Administration, for having thrown the trouble
of prosecuting the charges which !id' been urged in
the Petition of Mr. Hart on his shoulders. Neither 1
the former nor the present Government were corn.
petent to pursue any other course of proceeding.—
Had the. Noble Marquis,, when he first mentioned
this subject to the House, thought proper to stop
there, the Administration would have been left at
liberty to adopt that line of coodudwhich, on a-fair
consideration of the fads, they thought most likely
to ensure and provide for that due and impartialdis.
tribution of justice which was the best proof
_of the
excellence of. that Constitution we enjoyed. But as
the Noble Marquis had thought proper to follow up
his Speech 'with presenting a Petition, containing
very grave and serious accusations, it was no longer
in the power of His Majesty's Government to-inter. _
fere, and they adesi wisely and impartially in
leaving the whole of the important matter to thee°.
lemn deliberation of the HyUse. His Lordship coin.
cided in the propriety of the observation made by
the,NAle Marquis, that every man should be pre.
sumed innocent until be was proved to be guilty ; a
maxim :which, he. trusted; would not be confined to '
mere the3ry, but which he hoped the Hun. anti
Leained Judge would- hare the radical advantage
of. His Lordship had but a very small acquain.
tance with Mr. Justice Fox, but he thought it due
to him, and to.every one standing; in his situation,
to be fairly apprized of the specific nature of the •
chatges which were to be brought brward against
him.

Lord CARLETON- thought it .would best suit
with the dignity of their Lordships' proceedings, on
so very important and serious an occasion, it the
heads of accusation Were reduced into a precise and
technical form. It would be but a pursuande of tliat
candid and fair mode of proceeding, which usually.
obtained in all cases that were submitted to so great
a tribunal as that composed by their Lortiships, that
the person accused should have certain inform ,!;;)n
of thoee fads. it was intended to alledge against him.-
The mere imputation of misconduct was a very
gr., at i fl Etion t any man- of feeling, but When it
was thrown out against a person filling the dignified-
situaliun that the Learned Judge did, the punish.
~meet in tha,t insra.nce was aggravated in.a tenfold

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etegree. his Lordship trusted that the Learned
Judge would not be compelled to linger under this
torture of his reputation, but that the Noble Mar-
quis would, in the course of this Session, bring for.
ward the subjeti in such a way as to afford him an
opportunity of repelling the charges.
The Marquis of ABE zecoßN repeated his former
observations, that the delay did not 'proceed from
him, hut from the causes he had stated, namely, that
the Pctiri •os transmitted to • him were not couch-
ed in pi;iiainctitary language, and that he Lin-
da rsrond it was the wish of the Learned Judge
that the busioess should not be further proceeded in
at present,. as he was not fully prepared to meet the
Charge.
The LORD CHANCELLOR approved of the g -
-irsticns thrown out by n Noble and Learned Vis_
c unt, r,f re,'ucing- the charges to a specific form.
Muth deliberation s! cold precede so serious an aEt
as that of h-ingieg forward charge's of accusation
against any Ore; and when rI y were brought for-
ward, they should he restriet,ql and confined as
much as passible to that vrecise and intelligible
shepe, that the person accused should, it the first
blush, clearly comnreite!rd tie nature of the charge,
and know to a certainty what that particular offence
was against which he had to defend himself. It
wnu.d be incumbent on their Lordships, if this ac-
cusation was to be bend by them, to determine, as
soon as possible, the mode in which it should be
heard. Wien that great improvement in the Con.
stitution, the independence of the Judges, took
plaice, it was enattd, that they should he remove_
able only on an Address to Hts MAJESTY from
either House of Parliament, There was also another
mode in which a Judge, who had miscondufted him.
self ill the exercise of his office, may be proceeded
against, anti that was, by an Impeachment brought
by the Commons before that House. As this was
the only instance since the Revolution in which
• charges had been brought forward against a person
filling so sacred, important, and dignified a situation
as that of one of the Judges of the land, sworn to
. administer the Laws with truth and impartiality,
he thought their Lordships could not be too cautious
or circumsped in the observation of those forms, for
• which the example of this case would operate here-
after as precedents,
, The Marquii of ABE RCORN considered it not
very candid to impute any designed or even unin-
tentional irregularity to him, when the greatest
Law Officer of the Crown allowed that there had
been no precedent of any charges being brought for-
Waid against a person presiding in a Court of Justice
since the Revolution.. For himself, he was very
ready to adopt that form of proceeding that those
more conversant with our judicial process should
recommend.
The DUKE of CLARENCE coincided with the
Noble and Learned Lord on the Woolsack, in the
observations he had made. He thought it a very
great grievance for any man, much less one of His
Majesty's- Judges, to continue for a considerable
time under the odium of accusations of which he
may possibly be acquitted. He had known accu-
aations of a most serious nature impending over a
man for many years, and terminate at last in no-
thing.
Lard HAWKESECTRY declared that he had the
inost perfect cuitnticnec it, ti...Hgbiness of the' mu.
rives by which the condo& of the Noble Marquis
Baas goveroed. He was persuaded that his Noble
Friend had not brought forward a single charge,
which he was not convinced, in his own opinion,
he had the means of substantiating. It would
• he for their Lordships, when they shouldbe called
on judicially to decide on these faets, to take the
evidence into their consideration but until they
should be so called upon, it would be indecorous,
or at least premature, to enter into any discussion
of it. In the present stage of their proceedings
they should confine themselves merely to an arrange-
ment of the mode in %%lila they should proceed
in the next Session, before which time this subjeft
most probably would not come before them. There
were, in his opinion, but two modes ; one was
for the Noble Lord to rise in his place, and to state
that he had charges of great moment to bring for-
ward against one of the Judges, which charges
should be afterwards written sow n ; and the second
was, to have them presented to their Lordships in
the•fornr of 7etitions. In both cases it would be
prover, that the yersons complained against should
be furnished with Copies of those Cliaiges.
The !Marquis of ABERCURN professed himself
ready to pursue the plan pointed out by the Noble
Secretary of State, and would be glad cf the assisr_
once cf the Noble and Learned Viscount (Lord
CAR T,F roN ) in pt.( paring the Charges, the subjeCt
pt be would i e ,11,1; Tv t soIALit to him.
Ihe 134,12ap of Si . allied for the
Order of the Day, ol!servir, that the whole of the

cutiVeTSAti(Nli lwirg .;:4efS• of the House,
was.in fad ;.! vet ~ation nothing.
The LORD C.H.INCA“jR thanked the Noble
and Learned PRI lie f9r putting him in Mind of his
duty. TI. al% ers3tion wds, througlout the whole
of it, irregt!f r, And-c ,nrrary to order ; for there was
no Motion before tilt FLuse, and the sooner they
got rid of d re•utned to that point from whence
they see ~tr, the heater.
PERMANLNT ADDITIONAL FORCE BILL.
Earl N moved the Order of the Day, for
the third r'eadiny • t the Bill so entitled.
Tile Earl of SUFFoLX and Lord. De DUNSTAN..
ytt.t.t shortly ()posed it, and were answered by
the Loßp CHAN9EPLOR and Lord HARRowBY,
when the 13th was read a third time, passed, and a
Bsdp 14,1ered to be scut to the Commons to sig.
sity the saint~.—Adjourned.

. _
HOUSE OF COMMONS.

iguazaspAy, JUNE 27.

Tlfs Irish Additional Force Bill was brought up,
read a first time, and ordered to be *Tad a stcond
time on Frit'4y next, and in the mean time to be
printed.
The Huse went into a Committee on the Insol-
vent Ddiors pill, which was Ordered to be report.
ed to.morrow.

The Liverpool East India Prize Goods Fill was
ordered to be read a third time to-tnotrow.
The Committee on the .cotton Manufaaorers'
eras ordered for Fridarnixt. • •

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