road bill was, on the motion of the Earl of Limerick, ordered to be printed.

The resolutions of the committee of the whole House respecting the administration of civil justice in Scotland were reported by Lord Walsingham, and, on the motion of Lord Grenville, ordered to be printed.

The West India auditors' bill was read a second time, and committed for the next day.

SLAVE TRADE.

The Earl of Westmoreland expressed a wish that the noble lord opposite (Lord Grenville) would consent to postpone his motion relative to the slave trade, which stood for the next day, till Tuesday, on account of the indisposition of an illustrious duke (the Duke of Clarence), who was anxious to attend upon the discussion of that question.

Lord Grenville expressed his regret at the indisposition of the illustrious duke alluded to by the noble earl, and readily acceded to the noble earl's request.

The Earl of Westmoreland requested to know in what form the noble lord's proposition upon the subject would be made?

Lord Grenville replied, that the object of it would be to agree to the resolution of the House of Commons.

The resolution communicated from the House of Commons was ordered to be taken into consideration on Tuesday

next.

The Earl of Westmoreland presented a petition from certain persons concerned in the West India trade, and another from the agent of the island of Jamaica, against the abolition of the slave trade, which were ordered to lie on the table.

JUDGE FOX.

Lord Grenville moved the order of the day for the consideration of the petition of Mr. Justice Fox.

The petition was read by the clerk, stating the petitions originally presented against him in May and July, 1804, and the course and progress of the proceedings subsequently had thereupon, complaining of the hardships resulting to him from proceedings novel in their nature, and barassing by their delay, and the expence of which was almost ruinous to his private fortune, and finally praying their lordships 7

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to make such orders therein as to their wisdom and justice should seem meet.

Lord Grenville thought he might safely assume, after the laborious investigation which their lordships had recently terminated, it would not be an agreeable thing to engage in another enquiry, yet more complicated and diflicult. But it was not a mere question of personal convenience: there were much more serious reasons, founded in the principles of the constitution of Parliament, which rendered it,” as he conceived, impracticable that their lordships should prosecute the enquiry affecting the learned judge by whom this petition was presented. No complaint of the nature here contemplated could originate with the bereditary branch of the legislature, although it might proceed in the business after the preliminary steps had been taken by the House of Commous. That distinction was recognized by all writers, and by all authorities, on this important subject; and those noble lords who thought fit to continue the proceedings against the learned judge in their present form, should shew some rule, and some precedent, which should take this out of the ordinary case; and this he assured them would involve a search sufficiently laborious; for, with all the attention he had paid to it, he had not discovered a single example which could warrant any adherence to what had been in his mind so indiscreetly adopted, since passing the bill for the independence of the judges. It would be recollected, that a great and learned lawyer on the bench, Lord Chief Justice Holt, was cited before that House to answer for some particulars of his conduct; but he replied to that summons, that he was not responsible to answer there to the complaint instituted against him in his judicial character. That was a decisive precedent against the examination in which their lordships had so long been engaged; and it was brought before the House under circumstances which.compelled their ancestors to take notice of it, and with it they wholly acquiesced. The House of Commons was the grand inquest of the nation, and their lordships could not so far invert the order established by the constitution as to place themselves both in the situation of judges and inquisitors. Even in the case of the trial of the members of their own body, their lordships knew that the inquest was removed elsewhere. If these familiar principles were applied to the present case, there would be discovered a complete subversion of the established order. This was

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a case in which high crimes and misdemeanours were alledged against one of the judges of the realm, in the execution of the duties of his office. No charge of this nature could originate there against the meanest individual, much less against a learned person, protected by his high judicial situation. To proceed in the way hitherto pursued, would be opposed to all analogy in other cases; and what would be their lordships' judgment? It would be a motion and address, not in their judicial, but in their legislative capacity, after entertaining a charge for high crimes and misdemeanours, for personal wrongs done to the subjects of this kingdom. The absurdity of this was too manifest to require any explanation; and after having advanced thus far in the one character, their lordships would be required to proceed by address, and the address, to answer any competent purpose, was to have the effect of the severest judgment. During all this time the House of Commons could have no regular knowledge of the progress of those enquiries, yet, after all, the impeachment must emanate from thence; and after their lordships had prejudged, they were again to submit to the farce of forming a second judgment, and to go through all the subsequent stages as if they before had not advanced a single step in the affair. Could there be a more painful, a more ridiculous, and humiliating situation?--a more absurd predicament? There was no alternative; their lordships must either do this, or what was equally monstrous and horrible; they must say, that this proceeding of their's should prejudice the representatives of the people in the legitimate exercise of their unquestionable rights. These were some of the inconveniences arising not only in this particular case, but in all cases under similar circumstances in which the plain makims of the constitution were abandoned. Their lordships' then were engaged in a proceeding which would manifestly interfere with the pri vileges of the other House of Parliament, or rather in what would bring the immunities of both Houses into contempt. The present was a case of crime, and although the wisdom of our laws had at all times provided a regular course for the punishment of the offender, yet such was the anomalous expedient resorted to on this grave occasion. He would not say this was not within the exercise of the power of their lordships, for he did not know what could controul that power, but it was remote from all prudent application of that authority. Their lordships were about to decide extraVOL. III. 1805-6. judicially,

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judicially, upon what might be regularly tried in the courts below, or upon what might be formally and judicially submitted to their judgment. If their lordships were to conti nue this procedure, how could they shut their doors against any parties who should be disposed to bring the conduct of a judge before the bar of that House: any Johnny Noakes or Tommy Stiles, who should be dissatisfied with the direction of the learned person appointed to preside in the cause in which they were concerned? The approaching summer assizes their lordships might bring all the judges of the land to the bar of the House, and they might be engaged in their own defence, instead of assisting their lordships with their profound erudition, and instead of continuing to administer the laws of the country with so much honour to themselves and advantage to the community. Thus would these exalted officers of public justice be liable to the persecution of the meanest individual, and would be exposed to an expence, which would far exceed the reward assigned them for their learned and laborious duties. But it might be said, that unless their lordships had a power to proceed criminally, there was no authority by which the judges could be called to account. He thought there was a manner in which this might be effected without incurring the necessity, by a side wind, of originating with their lordships that criminal jurisdiction. The House might advise the removal of a judge; and such advice might, under many circumstances, be extremely necessary. A judge might be incapacitated for the discharge of his arduous and solemn duties, from numerous causes incident to the infirmity of human nature; the peevishness of age, the corporeal debility of advancing years, and other motives, as various as the imperfections of the human frame and intellect, might render a judge unfit for his station. There is another course by which a judge may be convicted, but not under the present circumstances, coram non judice; where he might have the benefit of the same equal laws which he administered to others; where he might have the advantage of a grand jury, of a common jury, and the assistance of a court learned in the Ew. There he might be convicted, that conviction not being founded on a misdemeanour in the execution of his office; and although, therefore, it wouki not import a forfeiture of his ffice, yet it would be such a stigma on his character as would render him unfit to continue in the exercise of his judicial functions, But sup

posing

posing all this, founded on the nature and constitution of Parliament, were out of the case, and the question were to be considered merely on the ground of expediency, their lordships were arrived at a period of the session, when no man could lay his hand upon his heart and say, that such an attendance could be secured as would be sufficient to fulfil the great designs of public justice. If this business must then unavoidably be postponed, ought it to be kept suspended over the learned judge a fourth year, while he was in the exercise of his office, arraigning criminals; he him self being also arraigned as a criminal at the bar of their lordships? Convinced as he was that their lordships were proceeding in a cause which was not legally before them, it became his duty to endeavour to arrest its progress; yet it was not only irregular and unlawful, but was attended with very injurious consequences. Nothing could more completely weaken the authority of all law, nothing more effectually defeat the purposes of justice. No man could be more desirous than he was, to discharge his duty to every part of the kingdom; but if any part should be more attentively regarded than the rest, it should be those parts that were most remote from the seat of government; and to conduce to the upright administration of the law, would be the most beneficial means of attaining the most valuable ends of all government. In this design, it was absolutely necessary to secure respect to the law, and nothing could. more rapidly contribute to make it contemptible, than the irregularities in the proceedings of the hereditary branch of the legislature, of which he now complained. On these grounds, his lordship moved, that the further proceedings in the case of the learned judge be deferred till that day two months. He would not dismiss the case entirely, because it would be implying an opinion upon it; but it would be seen, that the effect must be, that it could not be revived in the same shape. All other modes would be open, the only one closed would be the one that was wholly unfit for the object it was designed to attain.

The Marquis of Abercorn had heard the noble lord with great pain and regret. If, as was to be apprehended, from the great weight and authority which the noble lord had in that House, a negative was to be put upon the further proceedings in the case of Mr. Justice Fox, he feared that there would be soon sufficient cause to lament the precedent established by such a decision, and that the noble lord him

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self