But, secondly, the hon. gent. declared, that which the important duties of his judicial even making the judge a politician was in functions might well claim entire and unitself most highly objectionable, and especial- diminished. As a mere member of the Jy so according to those partyprinciples which house of lords, he would not be likely to were so popular with the hon. gentlemen op- busy himself much with political matters. posite to him, though he himself retained all But, when he should be called upon regu his old objections to them in full force; it larly and habitually to take a part in deviwas the great glory of the administration of sing, and framing, and executing, and dejustice in this country that for many years, tending all the measures of executive gonotwithstanding all the violence of con-vernment throughout their whole extent, tending factions, it had never even incurred the case would be widely different. It the suspicion of being tainted by political would be impossible for him to fulfil this connection or party bias. But would this duty, without abstracting much of that be so in future? Could any man divest time and attention which ought to be dehimself altogether of the feelings and pre-voted to the duties of his judicial office.possessions of the minister when he went There was another objection of great imto assume the office of the Judge? Suppose portauce, which he would the rather urge, the country divided into two great parties because it had not hitherto been' touched mutually accusing each other of tyranny on by any gentleman who had hitherto and sedition; suppose the judge in pos-spoken. It was known that the Judges session of his ministerial situation, called could only be removed from their situaupon to try the firebrand of the day, would tions by the address of the two houses of he be likely to judge him with an impartial parliament. Thus the two houses were by mind? or, if the judge himself had been law constituted the standing superintendturned out of office and was in opposition ants of the conduct of the Judges of the land, as an ex-minister, might he not be likely a most important duty which they were well to favour him? But there was still perhaps qualified to perform so long as the Judges another question behind. Would he not be should remain without any close connection generally suspected of favouring him in with our great political parties. But, how the one situation, or of being actuated by would this duty be fairly and impartially a spirit of hostility towards him in the administered after a Judge, by becoming a other? The general estimation in which member of the Cabinet, should become the Judges of this country were held, was identified with the government of the itself, the hon. gent. declared, of extreme country, should consequently be closely importance. There was not perhaps any connected with the ruling party in both thing which so much endeared our politi- houses, and be in hostility to the party in cal system to the people of this country, so opposition? His conduct, whatever it might much as the firm persuasion of the perfect be, continually arraigned by one party, impartiality with which justice, especially would be defended by the other. It might our criminal justice, was administered. And become one common mode and form of surely this was the very last period in which opposition to attack the professional chawe should consent to a change which would racter of a Judge. The hon. gent. said, he have the effect of more than bringing into would only add on this head; the consiquestion this great object of the people's derations he had just been urging would attachment. Surely, at a time when the abundantly prove how little it accorded circumstances of this country were such with the genius and spirit of our constituas to call for the efforts of every individual [tion, to make our first criminal Judge a in its defence, when heavy burthens must member of executive government; and they be borne and large sacrifices must be made, afforded an answer to what had been stated, this was not a time to weaken that love of that there was no positive law against the the constitutional laws of our country, measure. The answers which had 'been which it should rather be our endeavour to made to the motion by the hon gentlemen inflame and increase.-It might, perhaps, opposite to him, had been so fully replied appear an objection of an inferior kind; to, that he would only touch lightly on one only however because there were others of for two of them. The instance of lord such extreme importance, that introducing Mansfield had been mentioned as a justifi a Judge into the Cabinet and making him cation of the measure. But it weighed a politician, would engross perhaps no with him in the directly opposite scale.small share of that time and attention For, was there ever a Judge to whom it List of the Minority. Ainslie, R. S. Foster, Right Hon. J. Lascelles, Hon. E. Lenox, C. Long, Right Hon. C. Longfield, M. Louvaine, Lord Mordaunt, C. Morland, W. Mainwaring, G. B. Marsham, Lord Osborn, J. Paget, Hon. E. Sitwell, F. Templetown, Lord Wallace,. F. Ward, R. Wortley, J. A. S. HOUSE OF LORDS. was so strongly objected that he carried his political prepossessions to the seat of justice? Now it is accounted for; he was a member of the Cabinet. We before had the phenomena; now we have the solution of them. The conclusion, therefore, was demonstrably clear. His trying lord George Gordon, for being the instigator of a mob, by which his own house had been burnt, had been this day mentioned. The hon. gent. said, he would only adduce it as a proof of the habits of mind which had been produced by his being accustomed to consider himself as a political character, who was to take his side and go with his party, and how entirely this habit of mind had destroyed that instinctive delicacy which prompted a Judge to shrink from any thing which might give a bias or prepossession to his judgement. But, in truth, the hon. gent. remarked, all the arguments of the gentlemen on the other side, were grounded on the common fallacy of pushing a principle to extremes, and arguing that if it was not true to the utmost possible extent, it was to be held of no force or validity at all; that therefore, because he and his friends did not object to a Judge's being in the house of lords or the privy council, that therefore they had no right to object to his being in the Cabinet also: no species of reasoning was more unsound. But after all, the hon. gent. said, he would ask, as his hon. friend below him had done, cui bono? What sufficient motive could be alledged for the measure objected to Could any temporary convenience of parties in the formation of a ministry, be for a moment to be set in the balance against even the possible and remote existence of evils, such as had been announced? He could enlarge much on this head; but he would detain the house no longer. He would only conjure gentlemen to consider this subject with the seriousness which it deserved. He would remind them that [WITNESSES' INDEMNITY BILL.] Lord it went to fundamentals; that it touched Holland moved the order of the day upon the very vitals of the constitution; that it this bill for the purpose of postponing it. tended to affect the impartial administra- Understanding, he said, from what passed tion of justice, our best possession and our in the house in consequence of the opihighest glory; and to impair that peculiar nions delivered by the Judges, that there excellency of our whole system which the was an intention of framing a declaratory people of this country had long regarded act as to what the law really was respectwith the greatest admiration and endearing the liability of a witness to answer ment. After a few words from general questions of the nature stated in the quesLennox, the house divided; when there tions referred to the Judges, he did not appeared; for Mr. Spencer Stanhope's motion 64; for the order of the day 222; majority. 158. Tuesday, March 4. [MINUTES.] Lord Crewe was introduced between lord Vernon and lord Carysfort. His patent of creation having been read at the table, his lordship took the oaths and his seat.-Lord Eldon delivered his opinion at some length respecting the appeal from Scotland, Ogilvy v. the Carran Company, after which he moved to postpone the further consideration of it till Friday. Ordered.-Mr. Alexander; and several other members of the commons, brought up the Qualification Indemnity bill and three private bills, which were severally read a first time. wish to press this bill at the present moment. He must confess, however, that he had not any very sanguine expectation of an effectual law being framed upon this subject, and therefore he did not like to let go his bill altogether as, in case the nuble and learned lords could not agree in framing a declaratory law sufficient for the purpose, he should then consider it necessary to press on their lordships' consideration the indemnity bill, which it would in that case be expedient to pass. He moved to discharge the order for summoning their lordships and to renew it for Friday. his consideration.-Some further conversation ensued between lords Holland, Eldon, Auckland, and the lord Chancellor. Lord Holland reminded the house that a bill upon this subject was already before their lordships, brought in by a noble earl (Stanhope). Lord Eldon condemned altogether the principle of that bill. The lord chancellor expressed a wish that lord Eldon would, at a private interview, assist him in adding to the bill he had already drawn, a proper proviso. Lord Eldon said, if his bill, he would then propose a proviso. Lord Holland observed, that the two noble and learned lords seemed to differ widely with respect to the intended bill, and the noble and learned lord on the other side the house to differ from himself. He thought Lord Eldon assured the noble lord that his noble and learned friend on the wool-noble aud learned friend would present his sack had lost no time in preparing a declaratory bill, which the difference of opinion amongst the Judges had rendered necessary. His noble and learned friend had submitted the bill to his consideration; and he, thinking there were several objections to it, framed another, which, how-it absolutely necessary there should be some ever, on consideration, he thought was more objectionable than that drawn by his noble and learned friend. The subject was involved in considerable difficulties, and he had great doubts whether a bill could be so framed as to provide against the exceptions which necessarily occurred to the general rule. understanding as to whether such a bill would be brought in or not. The lord chancellor undertook to present a bill of that description to the house as soon as he had had a private interview on the subject with his noble and learned (lord Eldon). HOUSE OF COMMONS. Tuesday, March 4. The Lord Chancellor thought there would be little difficulty in framing a general de- [MINUTES.] Lord J. Townshend, took claratory law upon the subject. It was the oaths and his seat.-Lord Ossulston obvious that some measure was necessary, gave notice that he would to-morrow bring in cousequence of the opinions delivered forward a motion relative to the debt of by the Judges. Had the questions arose the East-India company. Mr. W. Smith out of a proceeding by writ of error to that presented a petition from Messrs. Chalmers house, their lordships would have had to and Cowie, Swedish merchants under the decide judicially upon the law, and would following circumstances: when a commitmost probably have decided according to tee of the house was appointed, during the the opinion of the majority of the Judges; late scarcity, to enquire into the causes of in that case, the law upon the subject the high price of provisions, &c. two Swewould have been settled for ever. The dish merchants had appeared before that mode, however, in which these questions committee, and undertook the importation had been put to the Judges, and the answer they bad given, rendered it absolutely necessary to resort to a declaratory law upon the subject, which was the only method of proceeding they could now adopt. He held in his hand a bill which he had framed, and which he thought would answer the purpose, declaring that it was, and ever had been the law, that a witness was bound to answer any question, although such answer might acknowledge, or tend to acknowledge a debt, or render him liable to a civil suit. He was aware, however, of the necessity of having a proviso, with respect to the exceptions to this general rule, and he hoped his noble and learned friend (lord Eldon) would take the subject into of a large quantity of herrings, from Sweden, with a view to relieve, in some measure, the distresses of the people. Under the sanction of the committee they sent out a cutter to Gottenburgh to buy up the her rings before the news could arrive, which might have raised the price of herrings in Sweden. A great quantity was provided, and in this situation it was found necessary by government, in pursuance of a more pressing policy, to lay an embargo on Swedish vessels. None could consequently come here from Sweden; and though the merchants had immediately done every thing in their power to dispose of the herrings to the best advantage, they had lost no less thau 35,000l. by the speculation, They applied to the lords of the treasury who sent transfer to government the civil and milithe matter to be examined by the commis-tary authority of the colony has not yet sioners of the customs. It had afterwards been carried into effect, although applicabeen before a committee of parliament, tion for that purpose has been made to his but the press of public business prevented majesty's government by thy petitioners; a report. The affair, therefore, must be and therefore praying the house to take brought forward anew. It was a peculiarly the premises into consideration, and that hard case, and deserved the attention of the sum of 14,000l. may be granted to the the house. The petition was then ordered said company for the expences of the said to be referred to a committee.-Mr. Ba- settlement for the year 1806; and also the bington presented a Petition of the court sum of 40001. (being the remainder of the of directors of the Sierra Leone Company, sum of 80001.) for the purpose of comsetting forth, "that in the month of Dec. pleting the fortifications." Ordered to lie 1803, the petitioners presented a petition upon the table.-Lord H. Petty, moved to the house, praying for a sum of money the order of the day for the further consito be granted to the said company, to ena-deration of lord Collingwood's annuity bill; ble them to maintain the colony of Sierra Leone; and that the said petition was referred to a committee, who, after a full and particular examination of the matters contained in it, made their report to the house on the 27th of Feb. 1804; and that the committee stated in the said report, that the objects for which the colony of Sierra Leone was established were likely to be more effectually attained by transferring the civil and military authority of it to the crown: but they were also of opinion, that unless such a transfer should be effected, and until it took place, there appeared no better means of discharging the obligations of government towards the Nova-Scotians and Maroons, or of obtaining the other beneficial purposes proposed by the institution of the colony, than by supporting the company's government as now established; and the committee also reported, that the expence of the civil Establishment of the colony could not be estimated at less than 10,0007. per ann.; and the expence of the volunteer force for the defence of the place at 4000% per ann., exclusive of a sum of 80001. which was necessary to complete the fortifications; and that in consequence of the said report the house granted to the said company a sum of 10,000l. to defray the expence of the civil establishment of the colony for the year 1804; a sum of 4000% to defray the expence of the volunteer force for the same year; and a farther sum of 4000l. (in part of 8000l.) to be applied to the purpose of completing the fortifications; and that during the last session of parliament the house renewed the grant of 10,000l. to defray the expence of the civil establishment of the colony; and 4000/. to defray the expence of the volunteer force in the year 1805; and that the recommendation of the committee to which being agreed to, he said, that the circumstances of lord Collingwood's family made it necessary to advise what had been before proposed, and he had it in command from his majesty to recommend that revision. He then moved, that it should be recommitted for Friday next; which was agreed to. His lordship next moved, that the house should to-morrow resolve itself into a committee to consider of the circumstances of lord Collingwood's family; which was agreed to.-The Foreign Soldiers' Enlistment bill was read a second time, and committed for to-morrow. Lord Temple, in moving the order of the day for taking into consideration the subject of allowing wool to be imported into the united kingdom from the British colonies in America, wished to observe to the house, that the importation of this article was already allowed from the united states of America, from Spain, and other countries, and that what he now proposed was no more than an extension of it to our own colonies. Mr. Harrison wished that the provisions of the bill should be confined to a limited time; to which the noble lord replied, that he could have no material objection. The resolution to that effect was then agreed to; and a bill ordered to be brought in upon it.-The Marine Mutiny bill went through a committee, and the report was ordered to be received tomorrow.-Mr. Alexander reported from the committee of supply; the resolutions which the committee had directed him to report to the house; viz. 1. That a sum, not excepting 1,045,353l. 12s. 11d. be granted to his majesty, for the ordinary of the navy, including half-pay to sea and marine officers, for the year 1806. 2. That a sum, not exceeding 1,980,830l. be granted to his majesty, towards the buildings, re " buildings, and repairs, of ships of war in his majesty's and the merchants' yards, and other extra works, over and above what are proposed to be done upon the beads of wear and tear and ordinary, for the year 1806. 3. That à sum, not exceeding 1,250,000l. be granted to his majesty, for the hire of transports, for the year 1806. 4. That a sum, not exceeding 400,000l. be granted to his majesty, for defraying the charge of prisoners of war in health at home and abroad, for the year 1806. 5. That a sum, not exceeding 45,000l. be granted to his majesty, for defraying the charge of sick prisoners of war, for the year 1806. 6. That a sum, not exceeding 30,000l. be granted to his majesty, for defraying the charge of the establishments and hospitals relating to his majesty's sick and wounded seamen at home and abroad, for the year 1806. the great increase in the manufacture of Woollen Cloth in the said county, and the very different methods of manufacturing the same, by machinery and otherwise, the acts now in force respecting Woollen Cloth are very inadequate to regulate and direct the same; and therefore praying, that leave may be given to bring in a bill for the better regulating and directing the trade and manufacture of Woollen Cloth in the said county." The hon. gent. stated that though the signatures to it were few in number, yet those represented a very numerous body, and might be called the domestic manufacturers of the country. He wished to apprise the house, that it was a distinct petition from that presented on the part of the finishers, and others; and, he had to say, in behalf of the petitioners, that they only wished for the pa tient attention of parliament, and would [IMPEACHMENT OF LORD MELVILLE.] then be content with any measures the Mr. Whitbread, from the committee ap- legislature, in its wisdom, might think pointed to draw up articles of impeach-proper to adopt.-Ordered to lie on the ment against Henry lord viscount Melville, table. informed the house, that further matters Mr. Peter Moore presented a petition had come to the knowledge of the said com- on the same subject, from the Cloth Workmittee, in the course of the examinations ers of York and Lancaster. He hoped taken before them, with respect to the con- that as the hon. gent. (Mr. Wilberforce) duct of the said lord viscount Melville, had said a few words in favour of his own during the time that he held the office petition, he would also say something in of treasurer of his majesty's navy; which favour of the petition which he held in his information the committee think it of im- hand. This petition had been presented portance to communicate to the house, if for three years successively, and last year the house shall please to receive the same. it was put off upon an understanding that It was thereupon ordered, "That the said the subject was to be seriously investigated committee have leave to report such further by the ministers. The change, however, matters as shall have come to their know- which took place, had prevented the deledge in the course of the examinations sired effect from this circumstance. But, taken before them with respect to the con- however, the present ministry had agreed duct of the said lord viscount Melville, to take the affair into consideration, and he during the time that he held the office of was now authorised to state, that this petitreasurer of his majesty's navy." Mr. tion was brought forward with the sanction Whitbread accordingly reported from the of office. said committee such further matters as they appeared to them; and he read the report in his place, and afterwards delivered the same, together with an Appendix thereunto, in at the table, where the report was read. It was also ordered, that the said Report be taken into further consideration upon Friday next, and be printed for the members of the house. A copy of the report will be found in the Appendix to the present volume. [WOOLLEN MANUFACTURERS.] Mr. Wilberforce presented a petition of the manufacturers of Woollen Cloth in the County of York, setting forth, "that from Lord Temple expressed the wishes of ministers to afford every facility possible to the steps that might be taken for the settling of this business. It had engaged the attention of the privy council, and it had occurred to them that another bill should be brought in to continue the suspension of the present regulations, with a view to bring in a bill as soon as possible, to fix the proper regulations. In his opinion one bill would not answer the purpose. He thought that different bills would be requisite, according to the various points to be settled. Mr. H. Lascelles expressed his satisfac |