Star.
London, England, 1806-04-24 00:00:00

- 7 h
11.1.11.1"..P2r-

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duet of Lord Wellefley, molt part of which had been
already laid nn the table, many of them delivered to
the Members in print—thofe relarive to Oude indeed
were now dittributing at the door. Yet the Hon. Gen-
tleman chore to overlook all there papers, and to bring
forward the charge before the Houfe, with regard to
which not one document was to be found on the table,
or was ever moved for. Thus, grange to tell, the Hon.
Gentleman palled by the acculations, to fubftantiate
which he had been fo long colleaing evidence, and
fixed upon one with regard to which he had not yet
attempted to adduce any evidence whatever. But
the Honourable Gentleman pleaded as an excufe for
this, that he was provoked by a Noble Lord (Temple)
and another Member, who were perpetually teazing
him; as he (toted, becaufe he did nothing but move
for papers, inilead of bringing forward any charge.
So far the Hon. Gentleman teemed difpofed to deal
in a fort of repartee with the Members of whom he
complained, and therefore propnfed a charge, with
reference to which he had moved for no papers at
all. The Right Honourable Gentleman did not
mean it to be inferred from the motion he was about
to fubmit, that he was in all cafes adverfe to the pub-
lication of a charge before trial, or that he had that
objeaiou to what were called ex parte ftatements, up-
on which the principle of a bill lately introduced by
a Learned Serjeant (Belt), teemed jo refl. On the
contrary, he was determined to•Wpofe that Bill in
every One of its progrefs—( cry of Hear! Hear !)
• Returning to the labia% of his Motion, the R,ight
Honourable Gentleman obferved, that it as highly
material this charge fhould be brought to Ate as loon
as poffible. But as that iffue was not to be looked
for, he felt that nothing fltould be allowed to go forth
from that Houfe accompanied by the letters and ex-
trees of difpatches from Lord Cornwallis and others,
of which no previous notice had been giver, and
which were calculated to prejudice the public mind
upon the fubjea.—He underflood that feveral months
would elapfe before the documents to which the Ho-
nourable Gentleman alluded yefterday, could be pre-
pared and laid before the Houfe. If In, it would not
Cutely be confiftent with juftice to allow the publica-
tion of a paper that mutt unfairly operate againfk the
accufed. An objection was laft night flatted to his
motion, on the ground that it was not calculated to
produce the effeEt in view, as the chargi under con-
fideration would be publithcd among the Votes of the
• Houle, which were ufually circulated among the
Members. But that ftatement he found, upon inquiry,
to be erroneous, as this Paper would be printed in
the Journals, which would not, of eourfe, be pub.
tithed. The Honourable Gentleman concluded, in
order to fatisfy the Houle, by silting his Right Hon.
Friend near him ( Mr. H. Addington), in what time
the documents, on which the charge before the Houfe
profeffed to reft, could be got ready ?
Mr. H. ADDINGTON replied, that to prepare
the lift of papers alluded to, would, he was lorry to
fay, require a confiderable time. This, he was ena-
bled to flee from his experience relpeeting other
papers of a fimilar nature : and he was lorry for the
delay, becanfe it was highly defirable, that the whole
of this cafe &told be dffpofed of with all convenient
expediticn. He was lure that every Member mutt
fyinpiteMze in the feelings of Lord Wellefley, in con-
fequenee of loch fufpenfe. Willing, therefore, the
fpeedy decifion of the queftion, he regretted to fay
that the papers referred to by his Right Honourable
Friend, could not be prepared in left than two or
'three months.
. Mr. PAULL, in allufion to the remarks of the
Right Honourable Mover, begged to Rate that the
papers which referred to any of the charges he had it
in einstemplation to bring forward were•not yet com-
pletely before the Houfe. Not one of thofe with re-
gard to Bhurtpore or Surat were yet on the table,
although he moved for them between three and four
months ago. There were other papers, between the
prodottion of which, and the order, on his motion,
for: thee, not left than ten months elapfed. There
eircemlitances he mentioned, merely to thew the juf-
tics with which Gentlemen could afcribe any delay
to him. The charge which he brought forward yet
terday, evinced ilearly that he was ready to anfwer
the challenge of thole who called for acculations,
and he would prove that he could funain them too,
ff the patters were granted to him for which he fltould
Apply. 'As loon' as thofe papers Ihould be before the
Houfe, be was refolved to follow up his charges ;
but if, in the con& of Ms progrets, he (tumid from
inexperience be betrayed into error, he hoped the
Houk would feel that he Rood there with but little
aftinance. As to the error which the Right Hon.
Mover alluded to, he had only to fay, that he aced
according to the fuggeflion of the Chair. With re.
gard to the time neceffary to prepare the papers
connected with the charge before the Houfe, he
begged leave to °Verve, that the Right Honourable
Gentleman who fpoke laft was not competent to
(peak to that point. He, in fad, was not likely to •
know say thing about them, for they were not in his
department. They were all in the department of the
breams of the India Company.
The SPEAKER Pet the Honourable Gentleman
right as to his fuggettion, which importedilnothing
more than referring the Hon. Gentleman to the care
of Mr. Ridings, in order to inform himfelf as to the
proper entitle of proceeding.
Mr. W. SMYTH deprecated the manner in which I
the Honourable Gentleman (Mr. Paull) was treated
in the profecution of this bufinefs. He witnefTed fuch
tre.itment tall night as it was not becoming to ufe.—
The Houfe owed rclpe to one of its own Members,
a.td any Member who brought forward a charge
lg.rinft a public officer, upon public grounds, was
rotitled to attention. He knew nothing of the Hon.
Gentleman but as a Member of that Houk, and he
to•old not help rating, that he acted with extreme
raffinefs, in bringing forward a bufinefs of (itch mag-
nitode without any affiflance. But Rill, as the lion.
Zehtleman appeared to aft from public motives,twith
view to ferve the public, he thought him deferving
of attention in that Houfe.
The motion was agreed to.
WITIISISIS INSISSISITY site.
Thk SOLICITOR GENERAL moved the third
reading of the Declaratory Bill.
Sir VICKARY GIBBS renewed the former objec•
lions made to the Bill; obferving, that in the firft
place there was no neeerfity for it, and in the fecond,
that it might produce an effect different from what it
w . s intended to do, as it went much farther than the
opinions given by the majority of the fudges. In

1

his opinion, inner] of removing doubts, it would be
introducing new ones.
Mr. TY RW H ITT objected tip the 80, as there)
was no pradical inconvenience from the prefent Rate
of the law, and as it originated from a legiflative
queflion.
Mr. MORRIS conceived, that if any declaratory
Bill were necetFary, this was the ben that could be
adopted. The Learned Gentleman then entered into
a very long argument, to prove that it was necef-
fary to declare the 1.. w, and concluded by calling on
the Hoofe to flipport the Bill.
Mr. PERCIVAL did not fee that any ill mire-
quences could arife from the reje.lion of the Bill ;
on the contrary. he thought it much better that it
fhould be thrown out, as there would be but one un-
certainty in the praiice of the Courts ; orhereas, if
it were puffed into a law, there would he many, ari"
ft:3g from the different confiruetions of it.
The SOLICITOR GENERAL entered at great
length into a liatement of the advantages which
would arife from the patting of this Bill. The law at
prefent, he (aid, was in an unfettled Rate, fo much
fo, that it was not confidered, by many of the Judges
themfelves, that the opinion of the majority of that
learned body, ae given in the Houfe of Lords. was
binding on the minority. A witncfs at the Old Bai-
ley might be permitted to refufe giving an anfwer,
which would convia an offender, beeaufe the anfwer
would fubjed him to a civil anion ; or, what was
(till wurfe, a witnefs, for the fame reafon, might re-
fufe to anfwer a quenion, the anfwer to which would
acquit a prifoner. After many other arguments,
very ably delivered. the Learned Gentleman de-
dared his intention of voting in favour of the Bill.
The MASTER of the ROLLS flitted, that he
never recollected Any point of law relating to evi-
dence, fettled by the Legillature, on which account
he was inimical to the Bill. He did not think an as
could be paired which would comprehend every cafe,
and therefore as the Courts of Law would io time
fettle their own pradice, which could be again altered
as necelfity required, he thought it much preferable
to permit them to do that, than to enaa a pofitive
Law, which in all cafes mutt be conftrued according
to the letter.

Mr. Secretary FOX, in inlayer to the arguments I
of the Learned Gentleman. obferred, that every
thing which had been urged againft this bill. con-
vinced him the more of the neceflity of it. The
difference of opinion among the Judger, was a cer-
tain proof, that fome remedy fhould be applied to
the evil ; and when he confidered the arguments of
the many Learned Gentlemen who had expreffed
their fentiments upon it. he thought the neceffity
ftronger. The Learned Gentleman who had.joft
' fat down, had prefided at one time of his life to a
Criminal Court, when he was Chief Jullice of Chefter ;
and he begged leave to alk him, whether he ever had
heard the exception taken ? The negative opinion
he confidered the ftrongeft point in favour of it ; bat
from the argument. he was to prefume, that no foes
doubt ever did exift. A Noble and Learned Lord.
however. of the Upper Honfe (Lord Eldon), had
expreffed very confiderable doubts upon the fubjed,
and, if a doubt did cull. the mifchief would be with-
out bounds in every part of the judicature of the
kingdom. if the bill were not paled. From every
conlideration which he could poffibly give the fubjed,
be thought the bill did not go one tittle.beyond the
opinion of the Judges, and the words of it were pet-
tedly confonant with that opinion, for which reafons
be fupported the bill.
After a few obfervations from Sir WILLIAM
YOUNG, in favour of the 011. the queftion was
loudly called for, and the Haute divided, when there
appeared—For the third reading of the bill p
Againft it, 18—Majority, 33.
The other orders of the day were then difpofed of,
and the Houfe adjourned till to-morrow.