ter must be investigated. With respect to fit in their judicial capacity. He disapthe doubts of his noble friend, as to the proved of the whole course of proceeding jurisdiction of the house, whenever the hitherto adopted. Far better would it be, question upon that head, and he trusted to have put the matter in a course of imthat whatever should come to be discussed, peachment, at first; and, to his mind, nohe would meet it, and in a way, he trusted, thing short of a favourable decision of the to satisfy the house. If any objections house, in their judicial capacity, could should be made upou that principle, they restore the accused gentleman fully to the would be discussed coolly, temperately, enjoyment of an unsullied character, in the with attention, and with a determination estimation of his country. to make every due and proper allowance. Lord Holland argued on the same side. He would not now enter upon the points The novelty of the case, he observed, renalluded to by the noble lord: all, as expe-dered it of greater importance, and their dient at present, he claimed, was, the lordships should be more cautious as to power to address in cases of proved mis- the precedent they should set. Perhaps, conduct of a Judge, in the execution of his in the enquiry, impeachable matter should office. This, at least, would be allowed, come out, which of course, would go to on a clear proposition, that by the princi- place them eventually in a judicial situaples of the constitution, and the letter of tion. The proposed mode would, therethe law, both houses of parliament were, fore, be as unfavourable to the ends of jusin such a case, entrusted with a discre- tice, as to the dignity of their lordships' tionary power. After expatiating upon proceedings. these points, he stated his opinion, that Lord Hawkesbury spoke in answer to such a case as the present, upon principles some general observations made by the of policy and of justice, should be com- last speaker. With respect to the partimenced with reference to an address for cular case under consideration, he observremoval, in that, preferably to the other ed, that the advanced period of the seshouse of parliament. With respect to the sion, and the circumstances of the delays address, as proposed by the noble marquis, which had hitherto occurred, should be a he submitted the expediency of leaving stimulus to their lordships to begin the out some particular parts of the facts proposed enquiry, as soon as they could, charged, on grounds upon which the house to go on as long as they could, and, if was to proceed; for instance, the application alledged to be made by the learned person, to the commanding officer of a corps, to use his influence therewith to procure an address, &c. Such conduct would be certainly unguarded, and such The Marquis of Abercorn expressed himas he could not mean to justify; but in self willing to acquiesce in what was sugthe particular case, he thought it would be gested by the noble and learned lord, in preferable to confine it to motives relative expunging those parts of the address alludto the conduct of the accused, in his si-ed to; but this acquiescence was founded tuation of judge. Were these omitted, it in reasons very different from those which would be much better, and, as the case were urged as adequate for such an omisstood, there was a pressing duty upon the house, to enquire into the facts. As to the specific line of the proceeding in the committee, it would of course depend upon what they should find in proof, and what not, and it would be open for the house to give its instructions from time to time. they were not able to terminate it this session, to do all in their power to do so. However, with respect to that house, he thought it far from impossible to conclude the business this session. sion. He could not assent to the idea, that a judge was not to be called to a parliamentary account, except for his official conduct as such. The noble marquis then explained the specific grounds on which he entertained no objection to expunge the particular parts alluded to. The Earl of Carlisle strongly supported Lord Mulgrave was of opinion, that no arthe objections of his noble friend (lord ticle of charge, which would not of itself be Auckland). Commencing with the busi-sufficient to ground an address of removal, ness de novo, it would be impossible to get through it this session. After their investigation, perhaps, the commons might have to take it up; the result of which might be, to oblige their lordships to decide upon should be considered by the committee; such a regulation would tend greatly to expedite their lordships' decision, which he was inclined to think might very well be made this session. Lord Harrowby expressed his concur-duction. The hon. member prefaced his rence in the opinion that a judge may be motion by stating the reasons that had guilty of several acts, besides those he may induced him to postpone it so many commit in his judicial capacity, which different times. He had hoped that some would render his removal necessary and amicable arrangement would have taken proper; there were also several acts of a place between the directors general of injudge, on which it may be proper to ground land navigation and the grand canal coman address for removal, and still not a-pany in Ireland, but' finding that expectamount to a cause for the more serious tion frustrated from a late laconic answer proceeding of impeachment.--The marquis of the former board, he felt it his duty to of Abercorn, who had been permitted to solicit the interference of the house, as his withdraw the address, for the purpose of constituents were materially affected by the making the suggested omissions, returned tolls now levied, which exceeded any levithe address so amended. The ques-ed in this or any other country. The partions were then regularly put, and the liament of Ireland had granted at different address was ordered to be referred to a times considerable sums of money for the committee of the whole house on Monday reduction of the exorbitant rates of tolls on next, for the purpose of an enquiry into the canals in Ireland. These grauts had the truth of the facts alledged therein. The produced the desired effect on the Barrow petitions, &c. which had been presented, and royal company's canals. The rate of relative to the complaints against Mr. Jus- toll had also been lowered, in consequence tice Fox, were referred to the said com- of a former grant of the Irish parliament, mittee; and, on the motion of lord Hawkes- ten miles below Banagher, whilst the exorbury, a copy of the address was ordered to bitant rates were continued in the King's be furnished to Mr. Justice Fox.-Some County. Above 200,000l. of the public conversation arising between lord Auck-money had been granted to the grand land, the lord Chancellor, lord Hawkes- canal, and if the rates now levied should bury, and other peers, about the proper not be lowered, he could assure the house forms of proceeding, the attendance of Mr. Justice Fox, &c., these points, particuJarly the question, "where and how" Mr. Justice Fox should attend? were, on the motion of the lord chancellor, ordered to be taken into consideration on Friday next.-Adjourned. HOUSE OF COMMONS. Wednesday, May 22. [MINUTES.] Lord Glenbervie moved an address to his majesty, that he would be graciously pleased to order a statement of the proceedings of the commissioners for the sale and redemption of the land tax, &c. to be laid before the house. Ordered.-Mr. Loveden moved, that there be laid before the house, an account of all the monies, stocks, funds, or securities for monies, standing in the name of the accountant-general of the court of chancery, or of the deputy remembrancer of the court of exchequer at the bank of England, or south-sea house, being the property of persons suitors in these courts. Ordered. Mr. Bernard, pursuant to notice, rose to move that a committee be appointed to enquire into the tolls on the grand canal in Ireland, and what measures have been adopted, or may be adopted for their reVoi. V. Mr. that the expected advantages would not might be affected by it. A conversation ensued, which terminated in the acquiescence of the Attorney-General, that the report should be taken into further consideration on Monday.-Adjourned. HOUSE OF COMMONS. ing preferments within their respective landholders, and principal inhabitants of dioceses or jurisdictions, who may not the said isle, for the purpose of being prehave resided thereon in consequence of sented to the house of Keys, but which exemptions or licences under the 43d of were not received, the speaker informing his majesty, chap. 84." A long conversa- them, that the Keys had adjourned, and tion ensued, and it was at length agreed, could not meet without a precept from the on the suggestion of the Speaker, as the governor; and that the petitioners have accounts were voluminous and could not received directions to lay the same before be speedily produced, that the accounts the house, as expressive of the sentiments should be prepared in order to their being of a respectable and numerous proportion laid before the house early next session of of the inhabitants of the said isle; and parliament.--On the motion of the chau- therefore praying the house to take the cellor of the exchequer, the house went case into consideration." Ordered, that into a committee of supply, to which were the said petition do lie upon the table. referred the several accounts laid before Mr. Alexander brought up the report of the house on the 6th of March last, and on the Stipendiary Curates' bill, which was the 6th instant. He also moved in the ordered to be printed. The Attorneycommittee that a sum not exceeding 25,0001. General moved, that the report be taken be granted for the Crinan canal; and a sum into further consideration on Friday next. not exceeding 50,000l. for the inland navi-Sir W. Dolben desired time till Monday, gation canal, between the west and east-in order to take the sense of the universiseas, by Inverness. He moved also the usual ties upon the measure, as their interests grauts for the clerks and other officers of the house, which were agreed to.-On the motion of Mr. Huskisson, leave was given to bring in a bill to allow the commis`sioners for auditing accounts to admit of vouchers in certain cases, though not stamped according to law.-A petition of Paul Bridson and William Stowell, esquires, merchants, of the Isle of Man, on behalf of themselves and the landholders, merchants, [DUKE OF ATHOLL'S CLAIM.] Colonel and inhabitants of the said isle, was pre-Stanley reported from the committee, to sented to the house by colonel Stanley, whom the petition of John duke of Atholl and read; setting forth," that the peti-is referred; and to whom the report of the tioners have perused a printed case on be-commissioners of enquiry relative to the half of the Keys of Man, dated the 25th of Isle of Man, made in the year 1792, and March last, and a printed statement of the all accounts respecting the revenues of claim of the duke of Atholl, for a further the said isle, which have been presented compensation out of the revenues of the to the house in this session of parliament, said isle, dated the 10th of April last; and are also referred; and who were instructed they observe, that the said case, on behalf to take into their consideration all such of the Keys, goes to affect the principle of parts of the said report as relate to the any compensation being granted out of collection and management of the revenue the revenues of the said isle, or any other of the said isle, and likewise to examine fund, which the petitioners conceive is into the receipts of the revenue of the going further than can be well justified, for same isle, and the disbursements thereout, the reasons therein stated; that the peti- from the 5th January 1791 to the 5th of tioners have the highest confidence in par- January 1805; and into all balances in liament for the application of such propor- the hands of the collectors or receivers of tion of the revenues of the said isle, as the revenues of the same isle, and to report may be deemed necessary, from time to their observations upon all such subjects time, for the encouragement of the fishery to the house; and to whom the several thereof, promoting manufactories, and accounts and papers relating to the Isle of other public purposes; and they beg leave Man, which have been presented to the to represent to the house, that memorials, house since the 26th day of March last; to the purport and effect above-mentioned, and also, the account of the amount of were prepared and signed by upwards of duties received within the ports of the six hundred and thirty of the merchants, Isle of Man upon imports and exports, Thursday, May 23. between the 5th January 1798 and the 5th reasonable title. At least he trusted, that January 1804, which was presented to the before the house would assent to the rehouse upon the 10th day of April, in the port now offered, and founded on such a last session of parliament, are also referred; various multiplicity of items and docuand who were empowered to report their ments, they would fully and fairly investiproceedings, together with their observa-gate the whole. This was not the first tions and opinion thereupon, from time to time those claims of the noble duke were time, to the house; that the committee brought forward; they had been repeatedly had examined the matters to them referred, urged, and every time in a new and different and had come to several resolutions there- shape from the former. They came now upon, which they had directed him to re-forward upon a footing totally different port to the house; and he read the report from that on which they had been last subin his place, and afterwards delivered it inmitted to his majesty's privy council, who, at the table, where the same was read; and after four years deliberation, and after rethe resolutions of the committee are as ferring the subject for the judicial consifolloweth, viz. "Resolved, That the com-deration of his majesty's attorney and somittee, having considered the documents licitor general, and receiving the elaborate "and evidence which have been laid be- report of those learned gentlemen upon "fore them, are of opinion, that the peti- the subject, decided that the duke of Atholl tioner has fully established the allega- had no right to the claims he preferred. The "tions of his petition. Resolved, that noble duke claimed, under the appointment "it is the opinion of this committee, that of James I. a power which, he thanked "it would be proper to recommend to the God, no king of this country ever enjoyed, "house, that parliament should grant such a power of taxing the people at his mere "farther compensation as shall seem ade- will. This power the house of Keys, in quate for the benefit of the petitioner the Isle of Man, who are the proper repre"and the other heirs-general of the sentatives of the inhabitants, denied; and "seventh earl of Derby, according to the this was the question now at issue. It was provisions of the act of the 7th of king somewhat extraordinary that though those "James the First, and that such compen- claims had been rejected, after four years "sation should be charged on the revenue deliberation, by the privy council, when a "of the Isle of Man." noble lord, now in another house (lord Sidmouth), was at the head of administration-an administration which he had supported, which he should ever respect, and which he considered as a much more vigorous one than that by which it was succeeded; yet by the privy council which succeeded, after a deliberation of scarcely as many weeks, with the facility of turning to all the documents, and to the attorney and solicitor general, for their evidence on the case, they decreed that the claims were founded; and this decision was confirmed by a committee of this house, which had only sat a few days. In that committee, of which he was a member, he opposed the claims; but finding that he stood alone, and was unable to prevail, be ceased to attend it. What he now wished was, full investigation before the whole house, and that the whole of the report and evidence be printed. 66 Mr. Curwen did not wish at this moment to oppose the reception of this report, though he totally objected to its contents; and his wish was, that the subject should undergo a full discussion in a committee of the whole house, and that the whole of the merits of the noble duke's claims should be fairly and fully investigated. Ile hoped the house, in its attention to the claims of the Duke of Atholl, would not be unmindful to the complaints of a numerous and loyal body of his majesty's subjects, though not represented in that house and as it was the peculiar privilege of parliament as well to watch over the modes of raising money from the pockets of his majesty's subjects, as to guard with vigilance its proper disbursement, so he trusted in this case the inhabitants of the Isle of Man would not be exposed to imposts, which it was not just they should pay, at the mere fiat of the Lord Glenbervie said, that the reason why noble duke, who claimed the privilege of the ultimate decision of the privy council taxing them just as he pleased, of his own was in opposition to the first, was, that a mere will and caprice; nor suffer the pub-new memorial, stating new facts, aud lic money to be lavished in the payment founded upon new evidence, had been preof demands, rot founded on any just or sented by the noble duke, to whom it was a part of the justice due that the decision | it, 119; majority, 61. The report was should not be delayed, which might be the then ordered to be taken into consideracase, if, at this late period of the session, tion on Tuesday. the whole of those voluminous documents [SELECT COMMITTEE ON THE ELEVENTH were to be printed, which, he contended, NAVAL REPORT.] Mr. Serjeant Best.—I were in print already; and that the hon. rise, sir, to call the attention of the house gentleman had derived his information from to a subject, perhaps one of the most ima printed copy. He concluded by moving, portant to its own privileges that has ever "that the report be taken into considera- been agitated within these walls. From tion on Tuesday next."-This was opposed the eleventh report of the commissioners by Mr. Curwen, Mr. Creevey, Mr. Hurst, of naval enquiry, it appears, that enorMr. Windham, and Mr. Johnstone. They mous sums of the public money have been expressed their wish, that the evidence on raised by loans, and disbursed for alledged which the report was founded should be services, by order of his majesty's minisprinted, and stated the impossibility of ters, without the permission of this house, doing that in due time. It was indecent and without any account laid before parto hurry through the house in a few days, liament of such disbursements. Sir, knowwhat had occupied the attention of the ing, as we do, the opinion of the public privy council for several years. In the without doors, expressed from every part administration of lord Sidmouth, a nega of the nation, of the laudable vigilance extive had been put on the claims of the erted by the commissioners of naval enduke of Atholl, and why should that be quiry, to whom other abuses have been reversed? The attorney and solicitor ge- referred for investigation, and feeling, as neral had declared their opinions against we must, from recent abuses in the expenhim. If new matter had been brought diture of public money, the necessity which forward since that time, the case ought to exists, in times like the present, for exertbe again referred to the consideration of ing, with the utmost vigilance, the peculiar the law officers, and should they report privilege which it is the province and the favourably to the noble duke, there could duty of this house at all times to exercise then be no objection to the admission of over the public finances; yet, in calling his demand.-An amendment was moved the attention of the house to this subject, by Mr. Johnstone, that the report should I do not mean they should pronounce be taken into consideration on Wednesday, judgment against the parties implicated, the 5th of June. On the other hand, upon the mere evidence of the report it, Col. Stanley, lord Glenbervie, sir W. Bur-self; for although the facts stated therein rowes, Mr. Rose, Mr. I. H. Browne, and may have been proved to the satisfaction the Chancellor of the Exchequer, contend- of the commissioners, and we have every ed that the evidence on which the com-reason to rely on their veracity, still I am mittee proceeded not being oral, but drawn inclined to think, the house, before it prochiefly from the able and elaborate report ceeds to any measures against the parties of the commissioners in 1792, already in implicated, ought to go into the enquiry; the possession of the house, it would create and this will be the object of the motion a useless delay to reprint it. Since the which I shall have the honour of propoopinion given by the law officers, additional sing this day. Sir, it cannot be necessary and important matter had been produced. for me to remind the house, that it is the If the house relied implicitly on the opi-bounden duty of parliament to watch over nion given by those officers, that would our constitution, and to take care that no have been an argument against referring inroads are made upon it by any minister, the subject to a committee at all, They or any set of men; and more especially had, however, thought proper to refer it that part which comes so peculiarly under to a committee, the decision of that com- the auspices of the house of commons, mittee was now before them, and it was namely, the security of the public purse. highly expedient to act upon it as speedily Sir, it is impossible for any man to look at as possible. If, however, the delay of a the facts stated in the report on your table, day or two was considered as desirable, any more than at those other facts of a they had no objection to postpone the con- similar nature, that have come under your sideration of the report to Thursday.- consideration, and not to see that the The house then divided on Mr. John-grossest abuses have been committed; and stone's amendment; for it, 58; against that scarcely any law has been passed for |