Star.
London, England, 1806-06-20 00:00:00

TRIOS.

P,ti•inn. were retarded by the Earl of Weltmordand from eel-
t.i• kloehants at.d Planters In the Mend of jeinaka ; and from
p rho. Is terefttd in the Slave Trade, ptaying their Lord.
ro.r het to area to the refutation voted and communicated by
the Id..ufe of eOII.IIM, n., n finding the Abolition of the African
§1,,,c Jr" di, winah were ordered to Ile en the Table.
The Feel of WESTIN, llt I.AND teeing the Noble Lord at the
gles of the Treafury in kis place, took the opportunity to 'remelt
die Noble lord to pedtpone the Intended difestrinn en the eerily-
tiou a nircunicated by the Hoek of Commons. which nnw flood
mr to marrow, to a future 4a7 : on the grounds, principally, as
we ensild hear, of the ahrence. (nen indifpofition, o• an illuftrious
puke. who waked to drli r his fentlnsent• upon the futded.
Lord GRF NV II .LE expreired his regret at the abfencc of the
slluflaiini• panellise alluded to, from fuck a auk. He wiped to
ave the Aleum n brought forward as catty as was predicable;
Ofeaufe, tat his own k nuwk.lge, there were many Peen who re-
ined in inwn (nl.ly for the purpote of encoding a difeuf6on of
fuel. Intranet:cc; the bienitvenlence oI farther pottpre,ing ft. mutt
I.lc-relore be evident However, on the emend o‘lverred en by the
I,lable Earl and men ly ore that, he lbnuld agree to poftrene th,
did. r until Tnefday n• at; with an underflaotllng, that Olt that
ilay Ole difo,flion venukl be brought forward.
Aft. ra w word. in explanation. Imo' the Farl of WEST-
the order for taking the above fulled Into erinfl-
am in morecire. war difcharged ; and renewed for Tuefday
; for which day the Leeds werh ordered to be fummoried.

TUB NM MR. JUSTICE POT.
Lord GRENVILLE moved the Order of the day
for taking into confideration the Petition of the Hon.
Mr. Junice Fox.
The Petition was read by the Clcrk of Parliament,
as follows :

To Chellgl;tFlonmirahle the LORDS SPIRITUAL 20d TIIIPORAL
of the United Kingdom of Great Britain and Ireland iu Parlia-
ment affembled.
The PETITION of th^ lion. LUKE FOX.
. _

One of the Juttices of bas Maj.-ov'. Court of Common Pleas In
Ireland:

Humbly Sheweth,
" That the Petitiower, In the rummer of the year an went,
as one of the Judges of Mize, upon the North Well Circuit in
Ireland. where he difcbarg'd the duties of his oilier, to the heft of
his judgment, according to law, and the folerun obligation of his
rash, by which he was bound to do Juftice indifferently, without
relpeet of perfons.
' o That u long after the conclufion of that Cirealt as the lift
of May. Igoe, a Petition wet prcfcntedro your Lordihips by John
Harr, Efq.eoit.plaiiiing of certain parts of the Pethioner's enrolud
in his fituatioa of Judge, at the Allister held et Lifford o- the raid
Circuit ; and in the month of July, tßae, two other Petltione. up.
parendy influenced by the rumple of the fald John Hart. were
prefeated to your Lordetips; one in th.; name of William Arm.
ftrong.- and others; and the other in the name of Gerrard Irvine,
Efq further complaining of your Petitioner's condudt at Innifitil-
kn on the raid Circuit. . . . .

" Your Petitioner begs leave to Inform your lordihips, that he
reed, ed no previous Mime, from any perfon,that It was intended
to make his judicial colleted the fubjedt of public complaint; and
he was firft apprifed of the tame by the common iiewfpapers,
hawk., been at the time occupied by the duties of his office in
Dub-
lin; bot anxious to refeue his charadter front eny imputation, and
deeply fernible of the public injury which mutt refult from permit.
tins Charges, however unfounded, to remain fulpended over a
yerfon appointed to adminifter jullice, your Petitioner came forth-
! with to London, for the purpose of vindicating bit chandler. and
' taking the neceffary !Ups for his fpeedy and immediate defence.
That on the sth July, 'Roe, certain Articles of complaint,
founded upon the albrefaid Petitions, and other matters, were
pre-tented to your Lordfhipe. and laid upon your table; but Parka-
.nent we. loon afterwards pror gued, and your Petitioner bad to
return to the difeharge of his functions of a Judge, oppreffed with
the weight and obloquy of a public accufation preferred in his
abfence, to the higheft Tribunal In the realm, and preluded from
all means of vindicating Isla character, or defending his cuoslad,
until a future Sefton of Parliament. by melon of the complaint
againft your Petitioner nut hewing been brought forward by his
aecufers, till near the dor,: of the hellion, when it wax impoffible
to bate any rife lual proceediugs thereon.
• Your Petitioner refpedlfully fubmits to your Lordatips, that
in a bulinelk of fuch futons importance to the adminiltration of
public juftice, as that of a criminal aecufation againit one of hie
Majtay's judges, it might reafonably have been expelled, that
the articles of complaint pretested againit him would have been
(earned upon great deliberation. and with ferupuloue caution ; the
more efpecially from the extismely karfh nature of the charges
thentfelves, and the delicate lituation of the perfoo, to whom guilt
was thereby imputed;—for all which confederations. the great
lamb of time which had been tufferal to cLapfe, alter the cola-
duet complained ofwvas alledged to have taken place, and belore
any charge war made, it bad afforded more than Cu/tarot. opportu-
nity uotwithf eluding which, the fahl Articles wag altered in the
beginning of the nelL' S. thous. and Particulars of Complaint were
then prehnted to your Lorelfhips, coma' • g a new Chars, of a
very aggra-:7ted nature, -which, with fenral other Articles, not
fewer than live in number, lave been Ilan withdrawn.
° That early in the &Ilion of laos, a Committee of your Lord-
Ibips was appointed, which every Par had a right to attend, to
confider the matter encased againt your Petitioner, arid of the
evidence which might be brought in fupport of the fame; at which
time your Petitiona was again compelkd to forego the slitcharge
of his judicial duties, wad to attend upon your Lorain's for the
purpofe, as be hoped, of being then allowed to enter upon his de.
fence; but was :hen prevented a fecond time from appearing in his
own defence, by the nature, and conftitution of the Uhl Commit•
tee, at whore proceedings, it was not permitted to him, Dor to any
perfon employed on his behalf, to be prdent.
That after a curfiderable part of the laid hellion had be. n em-
ployed in examining into the matters then alledged sgainft your
petitioner, and after fevers! witneflea had been examined in fup-
port of the charges theretofore preferred againft him, to your pe-
titioner's very great furprife, the matter of complaint againß him
Was again altered, new modelled, and changed, by withdrawing
(event of the particulars of complaint which had been before pre-
kneed, and moll ItroMilY lefilled upon as highly criminal, by
amending and changing, in material parts, thole that were fuffered
to remain, fo as to make them different in their nature and effect,
and by introducing then.bir the firft time, 04 hc r charges altogether
new ; by means of which continued fiuduation of complaint,
your petitioner was involved in the molt cruel perplexity, and be.
came utterly maces tale what the charges might be agaioit which he
might ultimately have to defend himfelf ; whit his charadter was
In the mean time deeply wounded by this apparent multiplicity of
charges, thus publicly, and folennily ',relented to the higheit Court
of Judicature in the r alm,as grave and foletun matters of jutt
complaint againft one of his Majefty's Judges.
0 That on the 21.1 May, tilos, is was moved, that an hung's,
Addrefs thould be prefented to his MaJefty,to remove your pc-
titinfla from his office, grounded upon fucb new altered end
amended charges; whereupon your Lordfhips ordered" that your
Lordßtips' Houfc fhould refolve filet into a Committee of the
whole Houle, upon the motion made for an Addrefs to be prefent-
el to hi. Majetty, to remove your petitioner from his office of
J udg.:, and to enter into the faits Wedged On the Paid motion."
" That on the 3t R May, t8...5, and an various fubfequent days,
during the COiltinUallee of the halt Sdfons, one of the charges Rated
by the motion, contained In the petition of William Armftrong
and oths n. was proceeded in at your l.ordihips' Bee, when no fur-
ther progrcfs was made, than to examine the witnetles produced in
fupport of the fads &Hedged in the laid petition ; in the courfe of
whole evidence It appeared, that your petitionee's accufers and
' their witneffes have been all paid the expellees inzurred by than
in prate-ming the le complaints, out of the public money.
" Your petitioner feels hintfelf hound to (tate to your Locdthips„
that Cenral of the reunion:, charges would probably, from the
nature of the allegatioas costainal therein, occupy more of your
Lordffilpe time than that which has been thus beard in part.
° Your Petitioner, under there circuinitances, feels hinafelf
called upon to Rate mot refpedt:olly, to your Lordthips the
many grievous hardthips which fault to him from proceedings
which arc novel in their nature and har.dling by their delay
which fulled Ms chandler to continued ;mime obloquy, which be
has had no opportunity to remove or repel, and which are almoft
ruinous to his private fortune ; be p: ttliere of whillt is the more
fevcrely felt by hies, in:.fmuch as the expeoces of his accalvrs hare
been defrayed out of the public 1 r, anal.
Petitioner. pees traced by a lively (core of the many
difficultice and hardibips, to which Le has been fubjeCted, without
an en.rontion on the uprightoefs nr integrity of his conduct,
wounded tie bit perfneal all judicial keliegs, and Rill more deeply
affected by the embanaliment, to long lulpended over the Mins-
nitration of Juftice, at this advanced period of thd third hellion,
In which hi; manse has been coupled with Portant< ntary Aces-
fallen ; humbly prays your Lordfhipe to conAder the nature sod
eireumitances of his cafe, and to make fuch orders therein as to
your Lurelfhips' wlfelont and plaice lhail lean meet.
And your Pea:timer will ever pray, Rte.
(Signed) ° Laze rov°
_ _

Lord GRENVILLE (aid, whiht their Lordfhips
were occupied by the impeachment brought before
them by the Honfe of Commons, it was evMently 101-
pollible for them to refurne the confideration of the
cafe of Mr. Jutlice Fox. That bulinef•having bees
brought to a conclufwm, it now became a quelion,
whether it was expedient or proper to telltale the
heating of evidence on the charges spina Mr. Juf-
tice Fox ? Upon this fubjea he was decidedly of
opinion, that that Honfe was not the proper place
for the dirculEon of fuch charges. That Honic had
no original criminal jurifdiEtion. and to attempt to
give it any filch juritdidion was to confound the
power given by the Conflitution, and to ellablith •
precedent highly dangerous and inimical to the true
intereU• of plaice. Their birdthip., except in mat-
ters relating to their own privileges, could only try
perfons upon criminal charges brought belie them
upon impeachment by the Houle of Commons, who
in that cafe formed the grand impel' of the nation.

The :;ligh Craw of Parliament was then formed for
the bial-of offences thus found by the GI and Inquedi
but, is in the ordinary Cowls, the Jurors could not
ael at Judges nor the Judges 25 Jurors, In the High
Court of Parliament was alio bound by rules found.
ed upon ellablifhed principles, and their Lordffiips
could not constitutionally unite the innetions of
Judges and dist of a Grand Inquefl. No precedent
was to be found to faneion filch a line of condo& ;
the only precedent there was upon the fubjeCT was the
cafe of Chief Jullice Holt, who, when arraigned in
that Houk for fome part of his condue as Judge,
anfwered, that he was bound by his oath to at as a
Judge according to the laws and to his confeience,
and that the Houle of Lords could not take cogni•
zance of his condudi while acing in that capacity,
which anfwer was acquisiced in by the Houk, and
thu• the precedent we.. decidedly againtt the mode of
proceeding which had, in the cafe ot Mr. Jullice Fox,
been adopted by the Houle. That Houle, he was
clearly of opinion, could not try Mr. bodice Fox up
on the charges prefzrred againft him, unlefs thofe
charges were. brought before them by impeachment.
What mud be the proceeding upon the fuppofition
thatthey might in the refult deem that Learned Judge
unfit to continue any longer in his office ? it mud be
an addrefs to his Majefly to remove him from his
office. This mull, of courfe, be a deliberative pry-
ceeding in their legiflative capacity, and thus they
would be in the inconfident flotation of find trying
judicially, and then being unable to pronounce any
other judgment than a refolution deliberated upon in
their legidative capacity. It might alto happen, if
filch a mode of proceeding were continued to be
adopted by the Houk, that after they had invelli-
gated charges art fimi!ar defeription, the Houle of
COMM-as might, upon the very rem, charges, bring I
up an impeachment againd the individual accufed,
and thus their Lordfhips would find themfelves in
the predicament of having to try thole charges which
they had already prejudged. It might be laid, that
the claufe in the AC at Parliament, dating that a
Judge could only be removed by an Addrels of both
Houfes, would be nugatory, unlefs fame loch mode
as the present were adopted for invedigating charges
made againd a judge s but he would rather that any
claufe in an Ail of Parliament Ibould remain un..4ed
upon than that the principles of the Confliiutiun
fhould be violated. He could eafily conceive, how-
ever, cafes in which that clatife might be carried into
died ; it might happen that a ju4ge, incapacitated
by corporeal or mental infirmity from executing the
duties of his office, might dill from caprice or any
other motive refute to reign, then it might be expe-
dient for Parliament to interfere according to the
enaftnient of the claufe, and addrefs his Majeliy (or
the removal of filch a Judge, as it might all., if the
cafe Arnold happen, Ili a Judge being c.snviiled in a
court ot jullice, of any crime which rendered it unfit
that he fhnuld continue to adminider jullice, but for
the Houle to take cognizance originally of criminal
charges, was wholly foreign to the Constitution. If
fuch a mode of proceeding was faneimed by the
Houle, it was impoflible to fay where it would end.
Every individual would have the fame right to pre-
fent petitionscomplaining of theconduel of any judge
its any particular instance which difpleated them, as
chafe perform had who petitioned againtt Mr. Jullice
Fox, and the Houle might thus be continually occu-
pied with inveftigating charges thus brought by indi-
viduals againd Judges, merely in. account of fume
decihon, or fome expreffion, with which 'hide indi-
viduals were not pleafed. As to convenience, it muff
be evident to their Lordfhips that at this advanced
period of the Seffion, it was impoffible to rectum the
confederation of the charges againd Mr. Jullice Pox,
with any profpal of bringing it to a conchifion.—
This, however, was the least ground of °Nation, as
upon the contlitutional grounds he had before fisted,
he decidedly ohjeCed to the further confederation of
the proceedings. It was his intention to pollpone the
confideration of the fubjeel for three months, to a
period when their Lordfhips might hope they would
not be fi• ring, hut which motion in its terms would not
decide any quellion upon the lubjed. His Lordffiip
concluded by make g a motion to that effett.
The LORD CHANCELLOR read the motion.

The Marquis of 13L.RCORN—;e1rknew the I
weight and iorlitence of the arguments that the Noble I
Lord had at different time. employed on this fubjed,
and more particularli this night. If he had not
liflened t t toete arguments with conviction, he had
always lillened to them w ith refped ; but he was
convinced, that if the N, ble Lord fucceeded in per.
fuading the Hook to adopt his propolition, he would
himfelt have occation to lament that filch fhould have
been the ilfue of the inveltigati,n. He felt all the
force of the Noble Lord's argumentr, urged as they
had been with In much abil,ty on the conilitutional
part of the cpre,l ion. To thole arguments, however,
he did not rpean to advert, becaufe they were now no
longer proper to he adduced ; the time for their con•
fideration was pall. If it were conllitutional for a
Member of their Lordihips' Houle to bring forward
this complaint, it lignified nothing what the other
Houk of Parliament thould afterwards do with refped
to it. Their L.rdthips had already decided on the
quellion by commencing the invelligation. The
qirettion now was not, which would have been the
bra mode of commencing the invelligation. but whe.
they it was continent with the character of that Hunk,
and the compact of the Union with the frith people,
fuddenly to abandon it ? In a long fpeech replete
with important fads, connected with the evidence
befere the Houfe, he difcuffed the conduct of Mr.
Janice Fox ; he reprefented the great importance of
prefervingtheadminalleatioa of jultice pure in Ireland,
and expoled to their Lordfhips the enormous exac-
tions, in the way of fines, under the authority of this
learned Judge. In one circuit he had levied fines to
the amount of 14351. : there were annually two cir-
cuits, and fuppoting all the other Judges to exercife
the time degree of oppreffion, the annual fum in this
way extorted would amount to 34,4401.
Lord ELDON obferved, that as the erellion was
put, it did not imply that the proceedusgs were to
terminate ; and that, if it were carried, he ihould ant
conceive himklf to be pledged not to bring it for-
ward in the next Seffion of Parliament. As, however,
an intention bad been expeetfed of abandoning the
invelligation altogether, he mall refill the motion
'spun the ground. on wkich he lispported the proceed
ing which -bad been 'Ahmed by the Houle. , If
Judges were not to be made fubjeft to the controtl
of radiant:lu they would be Cutlet to nn content!
whatever. He witted to know whether the Noble)

Lord mail to mare the'proceedings from the per.
nals, or let them Rand ? If the proceedingsfremained
on the Journals there would appear this inconfifiency,
that their Lordfhips would he found to have enter-
tained a Charge againfl the Learned judge, to have
heard evidence upon__ it, and yet to have come to no
refult upon it. He maintained tint the Houk with
perfeftly competent to proceed as they had done. If
they could not fo proceed, they never &sold serer
upon an addrefs to his Majefty to remove a lodge,
and the Aft of Parliament to that tied would be
pettedly ntigatoty.
The LORD CHANCELLOR Milk Woolfeek.
He laid he was extremely forty, at that late hour. to
folicit the attention of their Lordthipt, bat he ent,ld
not avoid making a few otsfervatinns. When this Alb-
jet flirt came before their Lordfhips, lie was a Mete.
ber of the Commons Houle of Pirliatnent. The
Learned Judge, whole condo& was referred to, had
applied to him to appears' Cocrifel, burhe het &-
dined all interference, As he endellindd t e objet
was to remove that high Officer tremble judicial func-
tions, and that could not be done without the *Cent
of the Reprefentative part of the Legitimism. Prbit
this cireumflance, and the little expedition he mese-
tained that this fubjefl would to early be fulainktedth
the determination of their Lordfhips, he bsed DOW"
pared Medi by any previous emmination of the est-
i deice; but holding the important &oath* ht We; k
would be abfurd for him to fay, that he could Owen
no opinion on the matter now before their Lordtklpc
becaufe the merits of it depended on the exiiiingiew.
I and not on the tellimony collated lot the paves/sof
inveffigation. The Noble and Learned Lad Wan '
(poke lilt, laid that there were indeed parts ache ret. '
dance which would aura& the particular attention of
him who hat the honour of addreffing yno, and be.
eau& he knows his fentiments. and be yaw upon the
carriage which came to the door of your Lnetif dps.
the motto to be borne with the armorial infignia 61
the Erfkine family through all future generations=
That motto was, 'Trial by Jury." Alibates: he
(Lord Chancellor) had been engaged in the hone*
times in the defence of that caufe, he did not, by' the '4
trial by'Jury, mean to imply any thing dißinA and fe.
parate from the Judge who prefided at thofe Irish; it
was the trial by Judge and Jury which attraded his Pea
'pea and admiration, and he had learnt to direatie
veneration to it by an illufirious Nobleman ('LordCam.
Jen ), whole fentiments to him were not entailer orbit:
tory, but of perional knowledge, for he was the friebd
of his youth; and that mina age, to the *deign jeriews,
had added term. expreffive of hes regard for atva.
luable part of the conttitution of a Court, which
was immediately concerned in expounding the law
referable to the fads before the Jury. Since hit ?fn.
hle and Learned Friend had adverted fo particularly
to Isiqs, he would remind him of another eireusi.
fiance, which might lead that Noble Potion to rapport
that he (Lord Eli:king) valued this mode of trial ten
much to admit any part of it to be impaired. Did
any man ever go further then he did, to remind
Judges of the duties they owed to their country, f
which he had been publicly rebuked, but which he
returned, he nulled, with honed indignation 1 It
was his pride, that in the cowrie of his proteMemalee-
cupation, he bad been honoured with a gown rim.
cedesee, which did not limit hi. exertions, but per. -
mined the application of them on many mentions.
the recolleflion of which eonftituted no inconfidera.
ble portion of the happinef of his life. Feeling as be
did, he joined with peculiar fervour with the Noble
and Learned Lord, in the fentithent, that Judges
&mild not be placed above the law, and be permit-
ted to trample on the right of the (Ojai. The um
question in this cafe was, what was intended by the
Statute of William, and had Mr. plaice Fox, by his
miCcondutit, conduced to the degradation of our free
Government and Conflitution f But, whatever might
have been his deportment, he was entitled to a fair
trial. One of the Ern principles of Britifh justice, in
the adminittration of our Penal Law is, that ;he party
th3uld be accufed, then his cafe was to be fubmitred
to the Grand Jury, which was a fecret ineuveit in the
firft inflame, and witneffes were to be examined
before them. Then, if they law jolt caufe, he was
put upon his trial, and he was judged by twelve im-
partial /salons, who were wholly unacquainted with
what had paired upon the inquest—and when he Reed '
at the bar of his country, no marts mouth could be
opened but in his prefence, no prejudice could be
railed which he could not immedirely countervail.
It was inconfifient with the pradice of any Court to
know any thing of the evidence but in the pretence
' of the party, and that evidence was fubjeOed to his
examination. Their Lordfhips were men exalted, en-
, lightened, and learned ; but they were HI mess, and
js Et to all the infirmities of human nature. AR ht
had known of the mind of man had Wt. tided him how
dangerous it was to affume an opinion, 'inlet the party
had a cotempnranenus opportunityof taking off the on.
favourable impreffion, and thus the poifon was everne-
companied by the antidote. Would their Lordlhipsup.
ply there acknowledged principles of our law to the
cafe of the Learned Judge? Witneffei had been era-
mined at their Lordthips' bar, their evidence had been
registered, noCount el attended, and no crofitexamina-
i non was admitted. They have Paid, that this learned
Judge condefeended to bully the jury prefented before
him. Their Lordfhips had better have fulminated
their rage, and have abandoned all the decencies to
which they were attached, than proceed to eividemn .4
him undett,luch circumstances. How long was 'his
blockade Of evidence to remain upon their Lordatips•
minds, before the party was to be heard in his defence ?
What a fpcflacle had the Haute exhibited! how env.
malous the proceedings! While they were arraigning
the Judge, what were they doing themielves ? Had
their Lordfhips not been haranguing one another, in-
flaming one another, and mutt not all joitiee perifh
for ever, if luch were their pr ceedinsts ? Wit it the
in'ention of the Houle to addret. the King to remove
Judge F x? What was that but the commencement
of a judicial proceeding ? It was ampotale they
could stir a itep except the Commons agreed with
the A
the Jdr fs
Comm.a as (se ni
ht downnui d tyo,
fi hvi themetiematc.itho. anur tetwhi Peft!) eon whencuri e
would
rtleierd byn
di
fbm
ippesa impeachment,
wn t
yi whatthat
ofa
haoit.
ving awe lae the],liypr whojudg had beforeed
aman
utc:nndeamcn oeldlah7imra!
pn
to try the impeachment ? Suppofe that Mr. Hart, or
any other of the petitioners, wept diffatisfied wi h the
decifion of their Lordthips, and thought it proper to
I apply to the Commons, was that Hoek to try a Tall
upon whale cafe they had pronounced an opinion

already, whom they had direnifed from the charge?
There were fome of the kali anomalies into which
they would he plunged by a continuance of the
prefent proceedings. Were their Lordfhips afraid to
troll the ordinary tribdnals upon this occafirm, to let
the guilt or innocence of the Honourable Judge be
decided by a Jury upon a fiire foram to repeal the
patent by Thigh he held his office ? The Commons
have el& received petitions upon the fubjed, but they
could do fo without any ineonfißeney, for it was not
they who were to judge. There was alfo another
objection, and in has mind a very great one, to pre.
el seeding in that Hoak, and that was that no one could
fay, when tie trio/ watlikely to terminate. He had
likeed, with very great pleafure to the admirable
of the Noble Memoir. with fo much indeed
17.1
Ihe had not dikovered, by looking at his watch,
that he had fpoken. full three hours, he fhould have
conceived, front the excellence of his fpeechr that he
hoehaet occupied more than a quarter of an hour of
elegioLordthips, time. If this.openieg fpeeeh was to
eanfurrie fo much, time, what time would be fulicient
frothe,;Counfel,.the examination and crofs.examina-
/Soo; of evidence...wok all the delays that neceffarily
imam open, ludiciel proceedings? Their Lordfhips
jandeltesta jo fit delivered from the jaws of one impeach-
gempstrowere they to rue into the jaws of another ? If
ltheytiwere,.in the some of GOD, let the proceedings
SlMlSlnenos where they ought that is, in the Com
mons; nod ler not their Lorifhips prejudge a cafe
Itlikth they might probably be called upon, in their
)114fteial capacity, to determine.
Laird HAWe-
KESBURY did not rife for the put.
ge4e of going into the evidence, but meant to con.
See himfelf to that, part of the queßion which had
gelation to the jurifdirdion of their Lordfhips. It was
Weileffary to come to a preeife knowledge of the prin.
Mple.npon which they were fo proceed. One great
Went appeared to him to pervade the argument of
*le Noble Lord who made the motion, and it was,
that he famed to confider their prefent proceeding
NMI ezercik of the judicial power, when, in fad,
*IT were only exercifing, that inquifitorial authority
with which they were veiled by the Confirtution. No
two powers could be more difiind ; they might
etkercifed together without any violation of the equit.
side principles of our code of judicature. If they
were to be refirided from the exertion of the inquire.
coda, power, becaufe it was poffible that the Com.
mons might confider the offence which they were
'opquiring into as fit matter for impeachment. there i
wssuld be an end at once to any practical employment
of it. They oould neither addrefs for the removal of
*Secretary of Stater a Fir It Lord of the Admiralty,
nr the Governor of a Colony. Their Lordthips, he
thilloght, had placed thenefelves in that fituation that
*bay could not recede. They had heard evidence ;
they had paired a Bill to continue the proceedings in
the prefent &Mon. He would enter his proteft
*pica qoafhing the proceedings. He thought it
he4orde the Houk to confider the fituation in which
elsay had placed ihemfelves, as well •as the lituation
in which they bad plated the Learned Judge alfo.
. The Earl of MOIRA had been prevented by his
occupations elfewheee from attending. the proceed.
ings ; bct the firfl imprelifion on his mind was, that
there would be no impropriety or inconvenience in
entertaining, the fubjed. However. more mature
reflection, as well as the arguments which he had
beard offered that night, convinced him that his firfl
opinion was erroneous. The Houfe were in a ftrange
Stuation of hearing a trial, in which there was no
oftenfible profecutor ; for the very perfons who ailed
in that capacity, from very laudable motives he
would admit,. fat amongft them as Judges. He was
clearly of opiniOn that the proceedings-thould have
originated in the other Houfe. His Lordfhip quoted
the cafe of judge Cleland, who had been • guilty of
014 fame offence imputed to Mr. Juftice For, namely,
impofing ate exorbitant fine on the county of Mex.
Buthow did the county proceed ? Why they refilled
the payment, and fo brought the conduit of the
Judge to legal inveftigation.
The Earl of BUCKINGHAMSHIRE differed in
opinion with the Noble Lord who had juli fpoken.—
Be felt that the inquifitorial power had been properly
placed in their bands, and be wifhed to fee it exercifed.
'Thee Commons were, in faa, privy to the proceed-
- Jog, againft the Learned Jude, for they bad given
their content to a Bill for continuing them.
• Lord AUCKLAND repeated his former objections
to proceeding. From the firft time the fubjed was
introduced in the Houfe, he (trove, to the utmoft of
his poor abilities, to, point out to their Lordfhips the
4nflics and inconfiftency in which they were about
to involve themfelves. He thought, from the difcuf-
Eon of that night, that he was likely to fee an end to
the ramfure.
The Earl of HARDWICKE confidered the ma
AO **calculated to get rid of the proceeding alto
'tethers sod therefore, by no means likely to fatisfy
the feelings of the people of Ireland. There, he was
fearful, their Lordfhips' determination would be con.
Meted as a denial of juflice.
Earl SPENCER raid, nothing had been urged to I
induce him to alter the opinion which he had to often
taken the liberty of offering to their Lordfhips on
Ode fabled. He contended, that the effect of the
Motion would not be to get rid of the proceedings
altogether. It was competent for the other Houfe
to take it up, and fend it op before their Lordfhips,
in a regular and connitutional manner.
The Lid of WESTMORLAND thought it would
be a great bardfhip on the Learned judge, if he
were deprived of an opportunity of vindicating his
conduit, and coming to Parliament for remuneration
of his expenses, in cafe his innocence of the charges
ip:muld be made manifeft.
f,see taking divided on Lord Grenville's mo-
tion, forg the charges into confideration on that
day three months : Contents ac—Non.contents 16—
majority so... Adjourned at One to (this day.)
HOUSE OF COMMONS.
The Areffed Tessa BBL the Thread Lace Bill, the Duke of
Grafton 's Agreement Bill, the PruOao Yarn Bill, the Gibraltar
so Matta Pottage Bill, and the frith Mine Bill were reported,
and ordered to be read a third
31.7 time.
INDIA Dber.
that the Eaft India Budget
Lord MORPETH gave notice,
would be laid before the Houk on Monday fe'unight.
On the motion of Mr. VANSITTAR't, the Report on the Er-
fife Office Regulation Bill was taken into farther confideration,
and the Bill ordered to be read a third time on Monday nem
'the Committees on the Scots Dlttillery Bill,
the Cufbini•Houte
Tees Bill, on the Sump-Office Regulation B and on the Po ft-
Office Regulation Bill, were poftponed till to. n
it J. NEW polo' brought op the frith Cuiftom°rrs°awnd Excife
Re-
gulation Bill, which was Gad a full time, and be
mitred toread
A f. toad on Monday.