The Statesman.
London, England, 1823-07-03 00:00:00

•

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itt
the Resolutions be had Intended to propos*: • The. .
Member thee read the 11th aid I*lt.Resolutioite to
this effect : .
' '4 11. It is thus stated. by the Commission, that the emo-
luments of the Chief Baron bare been increased by the
1 Introduction of news and the extension of ancient fees, and
I that enceessive, Committees of the House have declared 1
I their concurrence io these facts. :4 . , . 1
" It. That the power of creating and augmenting fees,
thus reported to have been exercised by the Chief Baron
it his own diScretion, he being interested therein, is in,
consistent with the Laws and Constitution of this realm.'.'
These Resolitions, he.repeated he did not now meats
to press. • . ;
Mr. BANRES wished the Honse to consider what
mast be the situation of a peeve., with an accusation like
this circulated all over the icingrioto, tie asked if this
was a convenient situation in which to place a min, who
was still exercising high judicial function's, and who at
present could not be prevented from doing so ? The
Resolutions could not be put on the journals ; and it
would be highly inconvenient to take any step upon
theul until the next Sessions. As to an impeachment,
nothing shonld induce him to vote for one ; he had seen
enoughofinspeachmeuts already to avoid inch a proceed
ing. If any measure were taken by she Hens,. at should
be by an address to the Crown to remove the Judge. At
all teems nofurther step ought or could be taken in the
present Session. -
The SOLICITOR-fiENERAL said it was not until
very lately that the How was furnished with materials
on which it could proceed. As the fact now stood, be
should object to the House 'going into a Committee on
the Resolutions. The first charge against the Chief ba-
ron was that of increasing the fees of the officers in his
Count : but such a thing had been done in England,
and was perfectly legal. When Lord Erskine was made
Chancellor, the very first thing he did was to increase the
fees of the officers of hie Court. Then it was consistent
with usage for Judges to increase their own fees ; and
the Report of the Commissioners stated, that thii practice
had been . pursued for the last hundred years. It was
therefore unjust and cruel to charge it as a crime against
the Ltrd Chief Baron, that he had increased fees, and
those only to a small amount, after he had a precedent
before him of a hundred years duration. He would be
happy to go into the question next Ses,ion, if the Hon.
filember brought on his charge.
Mr. ABERCROMBY said the matter had been pat In Its
tree light by the Right Honouraole Secretary (Mr. Can-
nice), viz. as a question of justice to the Chief-Baron. As
time House had voted the Committee, and so far declared the
necessity of-ittquiry, they should in justice to the Chief
; Baron give him the benefit of knowing the specific facts to
which he should prepare a decisive answer. In justice to
the Chief Baron, as well as to the public, the inculpation
which had been made should not be stopped, wiihout some
apparent reason.
Mr. HUNIE thought it clear. however, that the Chief
Baron had acted from no corrupt motive, but with a perfect
conviction created by the general practice that he legally
' possessed the power which he exercised. Under such eir-
cumstances he thought it would be unjust to proceed against
' him either by impeachment or address. But the House
should injustice to all parties comae to a distinct resolution
1 on the subject. He concluded by declaring, that if the
. ilouse went Into a Committee, as he was inclined to think
i they should he would recommend the adopting of an addi-
tional Resolution, declaring that the Lord Chief Baron had
received the fees under an impression that be was entitled
' to receive them.
Mr. GOIJLBURN supported the going into a Committee.
The House divided—For the Committee, 30—Against it,
19—Majority, 31.
The ifouse then went intd a Committee, and the first
i 1 Resolution, declaratork of the fact of fees having been
. token for duties which had not been done, was put from the
Chair.

A desultory conversation ensiled upon the fact, whe-
ther certain exculpatory circumstances, which were con-
tained either in the 9th Report itself, or in some 'nine-
quent Report, should not be inserted in the Resolution.
The Attorney and Solicitor-General, Mr. (Joulbws, Mr.
R. Smith, Mr. S. Rice, and Mr. Wetherell took part in
this conversation ; as also did Captain O'Grady, who
complained, that the Resolution was unfairly worded.
The SOLICITOR•OENERAL then moved, that the
exculpatory circumstances taken from .the lith Report
should be added to the Resolution.
Mr. S. RICE wished to add another passage of that
Report.
The second Amendment was objected to as being mat-
ter of opinion, and not matter of facts.
Mr. Secretary CANNING approved of the Resolution
and the first Amendment, but opposed the second.
Mr. S. RICE consented to withdraw that part of the
Amendment which expressed an opinion, and the Amend-
ment with that omission was agreed to.
The Resolution detailing the charges against the
Chief Baron, contained in the ninth Iteport, with the
addition of an extract from the eleventh Report, was then
agreed to.
The CHAIRMAN reported progress, and obtained
leave to sit again to-morrow.
The Irish Unlawful Oaths Bill was read a third time
and passed.
The other Orders of the Day were then disposed of, and
the House adjourned at Two o'Clock.

EAST INDIA HOUSE.

. •
A Special General- Court of Proprietors of Fail India
Stock was held yesterday, in the Company's House, in
Leadenhall-street, for the purpode of considering it Bill, now
in progress through Parliament, by which Prevision is made
for defraying the retiring Pay and Pensions of that portion
of his Majesty's forces who are employed in India, Which
regulates the Payment of the Indiait Judges. and provides
for. the Period at which the Bishop of Calcutta and his
Archdeacons shall be entitled to their retiring Pensions.
The CHAIRMAN opened the business of the day by paint-
ing out the clause which had been added to the BUI In the
Committee of the House of Commons.
Mr. R. Jscxson adverted to the principal proiision of the
Bill, and called the attention of the Court most particularly
to that clause by which the Bishop of Galenite is endborised
to ordain any persons (Datives or others) who, on isamies-
Bon, shall appear to him to be duly qualified, without call-
ing oa such lodividaidi to subscribe to those taste which are
4ksm. in this country, by persons entering into holy Orders.
i., was a power which (the 'Learned Gentleman contend-
ed) ought not to he granted without nature Consideration.
Mr. TRAIIT expressed himself in favour Of the dense,
which. to his opinion, was not ealoulated-to excite those up-
prehensloks which' thi Learned Gentlemad •appeared to
entertain.
Mr. GALIAOAN was unfavourable to the clause, for Intro.
dnetion Of widehtorreason was states' tia the IN•11
he observed, a mere meeker, to toy before ale Profitless/es
fortheir consideration, a seseascre which was to be read a
third time-that evening. .
Ar. lain opposed ibe clause. First. bemuse be did not
airtalt such a power hilm granted td a phltepof Caddis, or
!airy offer Blel,oo--leedadly; .beetwie .1t 'allowed dm Bishop
iys ordain persons who' lied itte-passel antotatif Met shield.
lirbleh was nesiesself in*.llilleeddifiery--addrioirdly. because
It area te-eatell•rapesee fai Oho •aompaaata •
11111011/4sTisete ,olsjectedYteedset elaacroas inirodecing
s very eat ianoesthn, stillrybilectftolitbe ardiastiOn
or per Was—pi offichiti-aslinstam—vtliar. Established
• 1111.;71 hl. WI p
r: AOTILII was of *aka INt atffileleat timr had
sat. bees Sera, Pt*, YlSVlmpbratat' a
Claus.
b1r.)1.-Swrista:4oVlr la variiiitt terms the
character
.the Luc pH,. *as

M.kN

however, es the power coafrrred by this clause was so
vrry. great, he thought it ought•oot to be conceded, un-
til the subject was maturely considered.
Mr. GRANT was of opinion, that the clause ought to
be usodilied, rather than omitted altogrther.
Air. Alosair saw the necessity of modifying the clause
considerably; bat be differed entirely from those who
bbjected to the principle on which it was founded.
Mr. Bann was not friendly to a clause which cave
greater power to the Bishop of Calcutta than was enjoy-
ed by soy Bishop in England or Ireland.
Mr. Parrtsost observed, that in the King's Patent 4)-
pointing the Bishop of Calcutta, full power to ordain
was granted; and as this was the case, it ought to make
them more suspicious as to the clause which was now
introduced.

On the motion of the OHAIRMAN. the Court approved
of the Bill, with the exception of the clause marked
" A," which was the clause that had given rise to the
disco...km—Adjourned.