was pretended, that depositions taken on and learned friend. The ends of “suba previous enquiry could be demanded stantial justice" required, that the former from a judge on the trial of a person accused. evidence should be communicated to both Any publication of such proceedings was parties, unless some positive regulation of illegal, and their lordships would recollect, the house prevented it: but so far was this that the law did not authorize the publish- from being the case, that their lordships ing of evidence while a trial was pending, had already ordered copies of the petition, but permitted it after all the proceedings and charges against Mr. justice Fox, to be were concluded. If then the present mo- delivered to him. Surely, if it was right tion be adopted, let it be understood that to furnish him with written papers, there it passed with their lordships' acquiescence, could be no impropriety in giving him such but by no means with any authority. He as were printed. If, however, their lordknew, from the petition which had been ships thought right to confine themselves presented, that it was the desire of Mr. so strictly to analogy, the minutes of the justice Fox the evidence should be made evidence might be communicated to Mr. public, and he knew that the well-inform-justice Fox in writing. But as to the ed mind and eminent talents of that learned question of furnishing papers, printed for person fully qualified him to judge what the use of their lordships, to other perwas best to be done in his own cause; but sons, that he considered to be fully detheir lordships must recollect, that by their cided by the usage of the house. For decision, they would establish a general several years he had been in the daily rule which might apply to persons whose habit of receiving printed communicaunderstandings and talents might render tions from the house. During the trial them by no means so capable of forming a of Mr. Hastings, he received every day, proper opinion of the course they ought to a printed copy of the evidence, which adopt under similar circumstances. In was printed for the use of the house only. consequence of the proceedings which had This communication was absolutely nealready taken place, it must be admitted cessary, to enable the counsel to manage that some of their lordships possessed an that important trial; and it was with the ex parte knowledge of the evidence. It had perfect knowledge of the house that they been better that this had not been the case, possessed it. He was seen with it at the but he could assure their lordships, that bar, and it, frequently was his duty to comthe vote he should give on the close of the ment upon it. There were, therefore, two proceedings, if they ever did come to a precedents in point, in the present case, conclusion, should be one founded only on in which their lordships had furnished a the justice of the case, and unmixed by person accused with written communi*any influence arising out of the previous cations; another, in which printed copies investigation. This he could promise from of evidence had been delivered to the a inind disciplined to such discriminations; accused party. No reasonable apprehenbut he was far from denying, that it was sion could be entertained of any proceedpossible impressions might remain with ing of their lordships' house having an inother minds less exercised in decisions.fluence on the conduct of the courts below; His lordship maintained, that there was no the practice of these courts was guided by means by which papers printed for the use rules which long prescription had establishof their lordships could be regularly fur-ed. But their lordships must recollect, nished to other persons. that they were now placed in a situation Lord Ellenborough did not think it neces-so anomalous, that no example, drawn sary for him to declare, that the vote which from the practice of courts of law, could be he should give, on the conclusion of this expected to apply to it. It had been the most solèmin proceeding, would be ground-lot of their lordships, in the course of the ed on a strict regard to justice. He trusted, proceedings on this important case, to that his general conduct, that the impor-sustain very different characters. One tant obligations imposed upon him by his character, at the commencement of the rank, character, and situation, afforded a proceedings, had been assumed from the sufficient pledge, that his mind could be in-most honourable of motives; and if blame fluenced by no other motive. With regard to was imputable in that stage of the business, the question now before the house, he was far from feeling the difficulties which presented themselves to the mind of his noble

he was proud to take his share of it. Their lordships were of opinion, that an accusation against a person, whose rank

and character were so truly respectable as whether the printed papers his learne that of the learned judge, ought not to be friend had received on the trial of Mr. entertained without much delicacy. It Hastings had been furnished, to him with was not unnatural to suppose that future the judicial knowledge of the house? His accusations might possibly be made by lordship also observed, that the moment persons whose talents and judgment might the motion for printing the evidence have less weight with the house, and who should be adopted, he should conceive it could not claim the attention which was to be his duty to make a motion to predue to the noble marquis. It was, there- vent copies from going into the hands of fore, anxiously wished to protect, by a any other persons than their lordships. previous enquiry, persons in the situation Lord Ellenborough said, the printed pa of the learned judge, from vexatious pro-pers he received on Mr. Hastings's trial ceedings, instituted on frivolous charges. were furnished with the entire knowledge With all the imperfections that belonged to of the house. To remove all doubt on that previous proceeding, it had still the that subject, he observed, that having advantage of establishing one useful pre- occasion to refer to part of the proceedcedent. It demonstrated their lordships' ings which was not printed, he was indetermination to prevent any judge from formed, by order of the house, that it being lightly accused. If this was an error, would be printed in the Appendix. it was an honourable error, and one which The Lord Chancellor said, that, for his originated in the best of motives. Their own direction in the situation in which lordships were now in the situation of he was placed, he should put the questionjudges of the law, and the fact: In addi- to the house, whether papers printed for tion to that, they had formerly taken upon their lordships could be communicated to themselves the character of grand jurors, other persons?-After a few words from and it was naturally to be supposed that lord Auckland, lord Hawkesbury, and lord the evidence to which they had listened in Minto, the motion for reviving the comthe latter character, must have made some mittee was agreed to. The committee er parte impression on their minds. To was then ordered to meet to-morrow, and furnish the learned judge with copies of the house adjourned to Monday. that evidence, was not throwing any discredit on the witnesses, but it was fit their lordships should have an opportunity of comparing the expressions they then used, with those they would now employ upon [MINUTES.] A message from the lords farther consideration. Such a comparison informed the house that their lordships had was necessary, to enable the house to form agreed to the Irish Stamp Duty bill, and an opinion of the character, and credit the Irish Excise Licence bill, without any which were due to the evidence of each amendments.-On the motion of sir Charles witness adduced on the part of the prose- Price, the house went into a committee of cution. In a proceeding so entirely new, the whole house on the report of the petiand anomalous, the means of such a com- tion for the improvement of the port of parison certainly would not be denied, if London; and agreed to a resolution that a it could be afforded consistently with the further sum of 60,0001. be granted out of regulations of the house. The present mo- the consolidated fund for that purpose. tion went no farther, than to bring the The house being resumed, the report was evidence before their lordships. When ordered to be received on Monday.-Mr. the proceedings should be on the table, Rose brought up a bill for rendering perit would be time to determine, whether or petual the several acts relative to the Manot they should be printed; but he was nufacture of Sailcloth in Great Britain. incapable of conceiving how any mischief Read a first time, to be read a second time could arise from their being printed, and on Monday.-Mr. Rose also brought in a bill furnished to the learned judge. He had for continuing the act regulating the Ex. already shewn that such a course was au- portation and Importation of Corn between thorized by precedent; and he was con- Great Britain and Ireland. Read a first vinced, that, in adopting it on the present time, to be read a second time on Monday. occasion, no form of their lordships' house-Serjeant Best brought up a bill for acould possibly be violated. mending the act of the 4th of his majesty The Lord Chancellor wished to know relative to Bankrupts entitled to Privileges

HOUSE OF COMMONS,

Friday, June 7.

of parliament. Read a first time, to be house on the 8th and 10th days of April read a second time on Thursday.A per-last, founded upon the tenth report of the son from the office of the chief secretary commissioners of naval enquiry, deserve for Ireland presented a copy of all cor- the gratitude and confidence of the petirespondence between the directors general tioners, and of the whole country, and the of inland navigation and the directors of petitioners request the house to proceed, the grand canal in Ireland. Referred to in the spirit of those votes, in their future the committee appointed to consider of investigation of the flagrant abuses brought the state of the grand canal in that to light by the report of the commissioners country.-Sir John Stewart brought up of naval enquiry; and that to the comthe report of the committee on the mes-mons in parliament the petitioners look up sage of the lords relative to the atten- with a confident hope and just expectation, dance of lord St. Vincent, to be exa-that they will not only not relax in their mined before the committee on the papers enquiries into all abuses and culpable irrelative to Sir Home Popham. The regularities in the management and expenreport of the answer to their lordships' diture of public money, but that they will message, drawn up by the committee, also take especial care that the very heavy was agreed to, and sir John Stewart ap- taxes levied upon the people, and hitherto pointed to bear the same to their lord- cheerfully contributed by them, shall be ships. The message of the lords of yes-wisely and frugally expended." Ordered, terday relative to the attendance of sir J. that the said petition do lie upon the table. Stewart, bart. and the right hon. sir John-The report of the committee on the Stewart, bart. on their lordships, to be Spanish Wine Duty bill was brought up examined touching the case of Mr. jus- and agreed to, and the bill ordered to be tice Fox, was taken into consideration; read a third time on Tuesday.—Mr. Alexwhen permission was given to these hon. ander brought up the report of the commembers to attend their lordships, if they mittee on the improvement of the harbour think fit; and Mr Vansittart was ordered of Howth, when their resolution that a to signify the same to their lordships. sum not exceeding 10,000l. Irish currency A petition of several ship owners of North should be appropriated to that purpose and South Shields and neighbourhood, was was agreed to; and the report of the compresented to the house, by Mr. Burdon,mittee on the conveyance of coals by the and read; setting forth, "that the great-Paddington canal, whose resolution was, est quantity of shipping employed in the that 50,000 tons of coals should be allowed coal trade from the river Tyne to London to be brought to London by that canal, was belongs to the towns abovementioned; agreed to, and bills ordered accordingly. and that the petitioners, from the de- [STATE OF PUBLIC AFFAIRS.] pressed state of the shipping interest in Grey observed, that some time had elapsed, general, have lately memorialized the since he had put a question to the right lords of the committee of privy council hon. the chancellor of the exchequer, refor trade, respecting the too liberal em-lative to a subject that had been alluded ployment given of late to foreigners, to to in the speech from the throne. There the prejudice of the petitioners and others was reason to expect, that some commuwho have embarked their capitals in ship-nication would, before this, have been ping; but they are not less alarmed by made to the house, on that subject. He perceiving an intention to introduce coals rose in this instance for the purpose of reinto the metropolis by means of inland na-peating the question he had put on the vigation, a measure fraught with the great- former occasion, and to ask, whether there est evils; and therefore praying, that the house will not pass into a law any bill that may be brought in for introducing coals into the capital by means of inland navigation." Ordered that the said peti- The Chancellor of the Exchequer said, he tion do lie upon the table.-A petition of had nothing to add to what he had stated the freeholders of the county of South- on the former occasion. It was not in his ampton, convened by the sheriff at Win-power to return any other answer to the chester, on Thursday, the 16th day of May hon. gent.'s question. 1805, was presented to the house, and Mr. Grey said, he had delayed as long as read; setting forth," that the votes of the possible any motion on the subject. He

Mr.

was any probability, considering the very advanced period of the session, that any such communication would be made to parliament previous to the close of it?

now felt it his duty not to suffer the house | disposed to proceed, said he should no to separate without having an opportunity longer delay his intended motion. The afforded them of considering this very im- hon. colonel spoke as follows:--sir, the portant matter. He proposed, therefore, proceedings of the late naval court martial' to bring forward a motion on the subject held upon vice-admiral sir John Duckon Wednesday se'nnight, unless circum- worth having been printed and published. stances should in the mean time occur to by the admiral himself, it cannot be the render that motion unnecessary. wish either of the admiral nor that of

[CONDUCT OF ADMIRAL SIR JOHN DUCKWORTH.] This being the day fixed by colonel Wood for his motion for the production of the proceedings of the court martial, relative to sir John Duckworth, he rose in his place and stated to the house, that he was willing to defer his motion for some days longer, that every gentleman might have sufficient opportunity of informing himself on the subject. This delay bad been suggested by some hon. gentlemen, and should it meet the approbation of the house, he would renew his notice for that day se'nuight.

Mr. Baker did not wish to oppose the delay proposed by the hon. gent. but could not help remarking that this was the second time he had deferred his motion without adducing any satisfactory ground for that delay. He complained at the same time that the hon. member had handed about papers on this subject, one of which he had got put into his hand on entering the house, and which was calculated to make an impression on the public mind, to the prejudice of the hon. baronet who was the subject of the intended motion.

his friends to suppress or keep from public discussion a subject to which they have themselves given such publicity, and therefore I trust there will not be any difference in opinion to prevent those proceedings, and other papers relating to this business, from being laid upon the table of this house. With permission of the house, I will beg leave to read captain Wood's memorial to the lords commissioners of the admiralty, together with the legal opinions given upon a case, for the purpose of ascertaining how far the court martial decided according to their oaths, and according to the 18th article of war.

"The Memorial of Captain James Athol Wood,

'Humbly sheweth, that the sentence of the court martial lately held upon vice-admiral sir J. Duckworth having not only most honourably acquitted the vice-admiral of the several charges preferred against him, but having also declared in general and unqualified terms those charges to have been gross, unfounded, malicious, and scandalous, your memorialist would conColonel Wood then stated, that though sider himself unworthy of the commission he wished to give members time to consi- which he has the honour to bear in his der the subject, he had no objection to majesty's service, as well as wanting in bring it forward then, should it appear to that respect which he owes to the lords be the desire of the house. The paper of commissioners of the admiralty, were he which the hon. member complained (cap- not, with the greatest deference and retain Wood's memorial to the lords of the spect, to state to their lordships, that so admiralty) he stated to be a public docu-far from the charges which he preferred ment, and therefore a proper subject of attention for the house.

Admiral Markham saw no reason why the question should not then be determined, as it merely related to the propriety of producing the proceedings, and not to the merits of the court martial. For his own part he acknowledged himself hostile to the production of these papers. On colonel Wood's rising to explain,

The Speaker observed, that there was no question before the house, and it remained for the hon. gent. to determine whether he would defer his motion, or now bring it forward pursuant to notice.

Colonel Mark Wood, seeing the house
VOL. V.

against vice-admiral Duckworth having been either gross, unfounded, malicious, or scandalous, your memorialist trusts he shall be able to satisfy your lordships, that such charges have been as fully substan tiated as it was possible for them to be, under all those unfavourable circumstances under which your memorialist was placed. -With respect to the first charge, for oppression in superseding your memorialist in the command of the Acasta, under the pretext of appointing him to the Hercule, a ship of greater consequence, your memorialist begs leave to submit the following. observations for your lordships' consideration: after having been constantly aud

actively employed under admiral Corn-sengers, totally unconnected with his mawallis, off Brest, from the commencement jesty's service, occupied his former cabin; of the war, towards the end of last Novem- all of which tending to degrade and to ber your lordships were pleased to direct lessen your memorialist in the eyes of a him to proceed to the West Indies with a ship's company, so long devoted and atlarge and valuable fleet; and on the 2d of tached to your memorialist.-The second February your memorialist arrived with charge against the admiral was, for having, this fleet at Port Royal in Jamaica.-The in violation of the 18th article of war, second day after the arrival of your memo- loaded on board of the Acasta various rialist at that station, vice-admiral Duck-goods and merchandizes, otherwise than worth gave him notice of his determina- for the sole use of his majesty's ship. In tion to remove your memorialist from the support of this second charge, your memocommand of his own frigate the Acasta rialist has proved by the admission of the into the Hercule, 74-gun ship, at that time admiral himself, that he had loaded on at sea; alledging for so unusual and so cruel board of the Acasta eleven logs and two an exertion of power, not only the good slabs of mahogany, measuring at least 16 of his majesty's service, but his intention of tons; about 150 lb. weight of Spanish promoting your mentorialist to the com- snuff, of the value of upwards of 200 guimand of a ship of superior class. It ap-neas; from 30 to 40 casks of shaddocks pears, not only from the evidence of cap-and fruits, upwards of 20 pipes and pun`tain Dunn, admiral Duckworth's captain, cheons of wine, rum, &c. &c. exclusive of by whom your lordships' appointment was liquors and various articles of household superseded, but also by the evidence of the furniture, allowed to be 40 tons and upadmiral's secretary, that admiral Dacres, wards, but which, in the belief of your melong before the Acasta arrived, had declar- morialist, exceeded 100. By the evidence ed his intention of hoisting his flag on board of captain Dunn, the Acasta appeared to of the Hercule, and to carry with him his him to have been so loaded and lumbered as captain and officers. This fact admiral to have resembled a West Indiaman, and Duckworth never has denied; and accord- that in direct violation to the printed iningly admiral Dacres did hoist his flag on struction, the spirit-room prepared for preboard of the Hercule before your memo- serving in safety his majesty's spirits, had rialist sailed from Jamaica.-It is there-been cleared out, and the ship's spirits fore evident, that the reason which the removed into the hold, a very dangerous vice-admiral assigned in his public letter and insecure place, to make room for the for superseding your memorialist, namely, vice-admiral's wines and spirits. It has the good of the service, and giving him the also been proved, that many of the seamen command of a ship of greater consequence, had been removed from their mess places was false and groundless, and calculated and births, to stow betwixt decks logs of merely to give a colour of justice to an act mahogany and articles of household furniof the greatest stretch of power, cruelty, ture made up in the island of Jamaica, and oppression.-If the ostensible pre-where, by the evidence of the joiner of the text, that the good of the service required Hercule, he had been employed at the adthe vice-admiral's return to England on miral's pen three years.-By the 18th artiboard of the Acasta, your memorialist cle of war, it is expressly declared, that was surely fully competent to have com-if any officer of any of his majesty's ships manded to England that ship which the of war, shall receive on board, or permit lords of the admiralty had so long been to be received on board such ship or vessel, pleased to entrust to his charge. Thus, any goods or merchandizes whatsoever, after serving in his majesty's navy upwards excepting for the sole use of the ship or of thirty years, without any alledged of-vessel, and being convicted thereof, shall fence, but on the contrary the strongest be cashiered, and for ever afterwards rentestimonies of zealous services, your me- dered incapable to serve in the naval sermorialist has been most oppressively and vice of his majesty. Exclusive thereof, it most unjustly deprived of the command of is further enacted, that any officer so ofhis majesty's ship Acasta; and, in aggra-fending, or owner of such goods, shall be vation to his grievances, compelled to beg liable to forfeit the full value of such goods, and to intreat a passage to Europe on to be recovered in a court of law. It is, board of his own ship, in a situation very however, evident from the sentence of this inadequate to his rank; whereas two pas-court martial, that nothing loaded on board