dant, and militant against one another. The obtain every information that could be h chancellor having given the judgment, in upon the subject; and the petitioners wOY conformity to that opinion, advised the par-feel, that in submitting to the judgmen ties to appeal to the house of lords. The case was, of course, appealed to the lords, was heard with that attention which your lordships, as is your duty as well as practice, pay to the causes before you. A case was referred to the judges; their opinion has not yet been delivered; since that period, considerable alterations have arisen. In the first place, at least 30 new members have been added to this house, who are to decide upon a question, upon which they have not Lad an opportunity of hearing one word. In what situation does the house then stand with the public? are we judges in dernier resort, or are appeals to be considered as illusory and useless? Next, we have had the misfortune to lose the able person who sat upon the woolsack and decided this case; and also the chief justice of the common pleas (one of the judges who gave an opinion on the case) so that in this important case we are deprived of knowing the grounds upon which the appeal was recommended. Since that period two new judges have been received on the bench; one of them, the thief justice of the common pleas, the first The Lord Chancellor observed, that the equity lawyer in the kingdom, whose opi-noble lord who made the motion, and the nions have almost been held as oracular, the other his majesty's late solicitor general, likewise very eminent in this particular branch of the profession. Under these circumstances, justice would require of your lordships to obtain every information possible upon such a case as the present, and have the assistance and advice of those able persons, which can only be had by ordering a new hearing; a favour seldom refused to persons desiring it. Even in ordinary cases, the subjects of this land have a right to the opinion of the twelve judges, whilst the petitioners would have only the opinion of ten of the judges, should their petition be rejected. No possible injury can arise to any party by the delay; the directions of the will were fulfilled, as accumulation continued; neither could it be said that the delay would affect any other question, as the legislature had decided this will to be so dangerous, that it had passed an act to pre-fessional men might say, other than in their vent similar devices, and it could operate on no other cause, as it had been stated, and not denied, that there was no case similar to it in any record of the law. No injury, therefore, could arise from the rehearing of this cause, as by so doing your lordships would shew your attention to justice; would

whatever it might be, your lordships ha given every opportunity of stating their case whereas, if this was refused, they woul feel that they were not allowed those of portunities which were granted in more o dinary cases. If all the judges concurred i one opinion, you would know all the wisdo of the law was with you; but if you gav an opinion without such concurrence, yo may, perhaps, hereafter think that you hav decided against individuals, when if all th wisdom of the law had been collected, yo might have had different advice. It ma be said, that the same objections may again occur of change of judges, or members o this house; no doubt this objection doe apply to grant delays, it is a reason why the delay should not have continued to the presen period; but the delay having arisen, it is no reason we should decide without due deliberation, without due investigation, without some members having any information on the subject, and without all the advice we are entitled to; let the case be fairly argued, and an immediate decision given.

noble earl who so decidedly supported it, seemed to think, that the decision of the house would depend upon his individual recommendation. He was fully aware of the great and particular importance of the case ; and, from his view of every thing connected with it, he was firmly of opinion, that the character of the administration of justice of the country, should not be brought into question, by their lordships acquiescence in what was now proposed. His noble friend who made the motion argued, as if the case in question was a singular and unique case, and productive of no effects beyond itself. But he could tell that noble lord, that a great number of cases, of wills particularly, in a great degree depended, as to a final decision, upon the ultimate decision of their lordships. He knew what had been the living and dying judicial opinion of the great law authority adverted to upon the case; what pro

characters of lawyers and judges, was not so much to be relied upon; but this he believed, that as to the real legal merits of the question, no lawyer with a gown to his back, had any difference of opinion, or would he sitate to declare it instantly, were it only in a case of ten pounds; they would see, there

The Lord Chancellor, in explanation, was free to confess, it would have been better, had the noble and learned person alluded to, never made such a request, or, that he had not acceded to it.

fore, how much of the deliberation and caution which had obtained, derived from the consideration of the immense property involved, and the particular bearings of the case in other respects. The cause had certainly been a very long time under consider- Lord Hawkesbury observed, that with reation, and it was nearly two years since it spect to what was thrown out as to the inwas argued and discussed at their lordships fluence which the opinions of the noble lord bar. Proceedings tending to the final deci- on the woolsack, and of the learned judges, sion were more than once postponed, and at must have upon the decision of the house, one time to another session, at the instance for his part, his vote upon questions of that of a noble and much respected learned kind would be regulated by the confidence friend, now no more, on account of the ab- he should have in those sages of the law. At sence of the noble lord himself (Mulgrave) the same time, he admitted, that it was peron professional duty. Besides, the consider- fectly competent to any noble lord to deliver ation of the judges having to deliver their his opinion upon subjects of the kind, and opinions on Tuesday could be no possible to decide according to the dictates of his own reason for their lordships then coming to any judgment, and such was perfectly in unison premature resolution, as to subsequent pro- with the appellant jurisdiction of that house. ceedings. Whether the judges should be With respect to the grounds which his nounanimous in their opinions upon the case, ble colleague considered as adequate for or not, it would not go to preclude the house doing that which might tend to postpone the from exercising its judgment, or its discre- decision of the house upon the case in question as to the future preferable line of con- tion a considerable time longer, he could by duct. When the judges should have deli- no means regard them as such. Were they vered their opinions, it would be time to postpone proceedings of the kind, on acenough for the consideration of the most count of the demise of one or two material part of what the noble lord pro-jesty's judges, and the appointment of other posed, but, under all the circumstances of in their room, or the loss by death of one or the case, and the proceedings hitherto two members of that house, however readopted, he could not give his assent to the spectable, things continually occurring, they might put off their decisions to eternity.The question was then put, when the motion was negatived without a division.-Adjourned.

motion of his noble friend.

Lord Mulgrave spoke in explanation, and pointedly adverted to what transpired from the noble lord on the woolsack, respecting his having, on the suggestion of a noble and learned lord, now no more, consented to postpone the consideration of the case in question from one session to another, on account of his own necessary absence on professional duty. Such a proceeding was not only without his concurrence but without his knowledge, and what he must disclaim as any argument against his proposition for further delay; but surely, if his noble and learned friend had consented to postpone the business on such a ground as that, on the absence of an individual peer, who professed to know nothing of the law, and who never troubled the house with observations on the subject, surely he could not consistently refuse to accede to his proposal, on the strong grounds which had been laid for it; and which involved the opinions, either as left to the house, or as not having the case regularly argued before them; of four men, either great and eminent authorities, or profoundly versed in the science of the law.

HOUSE OF LORDS.

Monday, June 24.

of his ma

[MINUTES.] The Military Commissioners' Mistake bill, the Loyalty Loan bill, and the Fish Bounty bill, passed through committees, and were reported. Some other bills on the table were forwarded in their respective stages; after which the house adjourned.

HOUSE OF COMMONS.

Monday, June 24.

[MINUTES.] The Land Tax Redemption bill was read a third time and passed.-On the motion of Mr. Wellesley Pole, several accounts were ordered to be laid before the house of the number of officers, non-commisioned officers, and privates in the royal artillery, royal artificers, &c. stating the total number of those corps in Great Britain and Ireland on the 1st of June, 1805,—Lord

Glenbervie brought up the report of the select committee on the eleventh report of the commissioners of naval enquiry; which was ordered to be printed.—Mr. Serjeant Best gave notice, that on Monday he would move certain resolutions founded on the above report, provided that it was printed time enough to allow the house to become sufficiently acquainted with its contents. Sir J. Stewart brought up the second report of the committee on sir Home Popham's conduct; which was ordered to be printed. -The Irish Civil List bill was read a third time and passed.-The Irish Infirmary Regulation bill was read a second time, and ordered to be committed to-morrow:-The house went into a committee on the report of the committee on the Pilchard Fishery bill, in which it was agreed that a certain additional bounty should be given on every barrel of pilchards.-Mr. Rose brought in a bill for granting certain premiums on the southern whale fishery; which was read a first time.-The Irish Loyalists' Compensation bill passed through a committee, and the report was ordered to be received tomorrow. The Coasting Seamens' bill was

a third time and passed.-Mr. Higham, from the commissioners for the reduction of the national debt, presented an account of the quantity of stock redeemed of the Irish debt. Ordered to lie on the table, and to be printed. On the motion of lord Archibald Hamilton, the house went into a committee on the Corn bill. A long conversation arose on the manner of taking the average for exportation in Scotland, which was stated by lord A. Hamilton, Mr. M'Dougall, and other members for that part of the empire, to be very oppressive in its present form. Mr. Pattison, Colonel Stan ley, &c. were willing to give every relief to Scotland, but without making any alteration in the mode of taking the average for exportation in England. Mr. Foster wished to introduce an amendment putting corn exported from Ireland into Great Britain on the same footing as corn imported from foreign countries. On this, and amendments proposed by other members, the gallery was repeatedly cleared for a division. During the latter part of the discussion, strangers were excluded for a considerable time. On cur re-admission into the gallery we found the speaker in the chair, and understood, that the different clauses of the bill having been gone through, the house resumed, and the report was received and read, after a division, in which the ayes were 40, the

noes 9; majority 31.-On the motion the chancellor of the exchequer, a se committee was ordered to be ballotted to-morrow, on the secret part of the eleve report of the commissioners of naval enqu -On the motion of the secretary at v returns were ordered to be laid before house of the total effective strength of British army at home and abroad up to latest returns; of the number of men wa ing to complete the infantry and caval distinguishing the foreign corps from British, and the men enlisted for gene and limited service; and of the number men enlisted from the militia into the gular force, distinguishing those enlisted in the line, into the artillery, and into marines. The secretary at war presen the last-mentioned returns, which were dered to be printed. After a short conv sation between the secretary at war a colonel Craufurd, it was ordered, on t motion of the latter, that there be laid b fore the house an account of the number men volunteered from the militia includ in the returns of the regular force up to th 1st of May. On the motion of sir J.. Warren, the house went into a committ on the report of the committee on the p tition from the trustees of the naval asylun when a resolution having been agreed to that a sum not exceeding 20,0001. should b granted to his majesty, for the support that institution, the house resumed, and th report was ordered to be received to-mor row.-Colonel Stanley brought up the re port of the committee on the Duke o Atholl's petition. After a few words from Mr. Curwen, who declared his determina tion to oppose the measure in a future stage and some observations from Mr. Cree vey, Mr. Sheridan, Mr. Giddy, Mr. P. Carew, Mr. Rose, and Mr. Wilberforce, the resolutions were read and agreed to, and a bill ordered in pursuance thereto.-On the motion of the chancellor of the exchequer, the house went into a committee on the report relative to the improvement of Plymouth harbour, when a sum of 25,000l. was voted for that purpose.-Ordered, on the motion of Mr. Foster, that the house should to-morrow go into a committee, to consider of the duties on Spanish red wine.-Mr. Sturges Bourne obtained leave to bring in a bill to abolish the fees of certain officers of customs, and to ensure a more regular attendance in the discharge of the duties of their office. Mr. Sturges Bourne brought up a bill for authorising the lords commis

sioners of the treasury to permit the ware- would have the effect of an ex post facto housing of goods in certain ports upon se-law upon his cause, and prayed that their curity for payment of the duties; also, the lordships, in their wisdom and justice, would inland coal importation bill; and Mr. Hus-so amend such clauses, as that the law, at kisson brought up the Cochineal Dust Duty the time of the alledged offence, might not bill; which were severally read a first be altered. The petition was ordered to lie time. upon the table.

[IMPEACHMENT OF LORD MELVILLE.]— Mr. Leycester, adverting to the notice given by a right hon. friend of his (Mr. Bond) of a motion to-morrow, to exclude from the proceedings of the attorney-general against lord Melville the affair of Mr. Jellicoe, gave notice that he should at the same time move that an impeachment of lord Melville be substituted for the criminal prosecution.Adjourned.

HOUSE OF LORDS.

Tuesday, June 25.

[THELLUSSON'S APPEAL.]-The order being read for the attendance of the judges for the purpose of delivering their opinions respecting this long pending appeal, the same was read at considerable length by the lord chief baron; the result of this was in favour of affirming the decree of the court of chancery.

[COLONIAL INTERCOURSB WITH AMERICA.]-Lord Holland wished to know, what was the nature of the orders which had been sent by government to the lieutenant-governor of Jamaica, relative to the trade between that island and the United.. States; and whether any orders had been sent out since the 21st of May for discontinuing the restriction on the importation of goods in American bottoms?

Earl Camden said, that the lieutenantgovernor had not received any orders to prevent the suspension of the law, in cases of necessity, against the importation of goods from America.

Lord Holland then asked, whether the house was to understand that no orders had been sent to enforce the restrictions on the trade between the United States and the West India islands?

The Duke of Montrose observed, that the state of the law on the subject in question was this: According to the navigation act, there could be no communication between the United States and the British West India islands, except in British bottoms. But a

The Lord Chancellor then addressed the house in a speech of some length, repeating his opinions upon the case. In the course of his observations, he referred to various authorities, particularly to that of lord chan-power was given to the governor of every cellor Thurlow. With respect to his own opinion as to the main law points of the case, he could never bring his mind to entertain any doubts upon them; they involved those rules of construction which had for ages applied with respect to wills. Under this conviction, he certainly should feel it his duty to give a negative to any proposition tending to reverse the decree; the noble and learned lord concluded by moving a resolution, tending to airirm the decree; which, on the question being put, met with no opposition; and it was forthwith ordered accordingly.

[ARREST OF MR. JUSTICE JOHNSON.]The Duke of Cumberland presented a petition from Mr. Justice Johnson. The petition, after setting forth the leading circumstances of his case, stated in substance, that the petitioner was put to very considerable expense in defending himself in a cause now depending in his majesty's court of King's Bench. That he was informed that a bill (the Felons' Escape) was in that house, which contained several clauses, which if passed,

island to allow the importation of provisions and other articles in cases of necessity. It having appeared, however, that some irregularities had arisen in the exercise of this power, and that a too general importation had been permitted, directions were sent out to the governors not to make too frequent use of the discretion which they possessed. There was no ground for supposing they were prohibited from suspending the restriction; they were only required not to give way to too great a facility of importation.

Lord Holland said, that the noble duke seemed disposed to volunteer a reply, which it belonged to the noble carl (Camden) to give, but which, at the same time, was far from being satisfactory. Indeed all he had heard convinced him that the restriction had been improperly enforced; and he conceived it to be his duty to move for such papers as might tend to elucidate the subject. He therefore gave notice, that he should move for copies of all petitions from the West India islands, and all correspondence between

the governors of the islands and his majesty's that it should be read a second time on government, respecting the trade with Ame- Thursday next, he now moved, that their rica, from the commencement of the pre- lordships be summoned for Thursday.-Adsent war with France to the 21st of May journed. last.

The Buke of Montrose observed, that if he had volunteered an answer, it was given on good authority; but he left it to the house to judge whether his interference or that of the noble lord in this business had most the appearance of volunteering.

The Marquis of Buckingham said, that the lieutenant-governor of the island of Jamaica had understood his hands to be tied up by the orders transmitted to him from go

vernment.

Lord Hawkesbury said, he entertained no doubt whatever, but that the governor of Jamaica would appear to have been perfectly justified in every thing which he had done.

[CONDUCT OF JUDGE FOX.]-The order of the day for considering the petition of Mr. Justice Fox being read,

HOUSE OF COMMONS.

Tuesday, June 25.

[MINUTTS.]-A message from the lords informed the house that they had agreed to the Land-Tax Commissoners' bill, the Loyalty Loan, the Barrack Master "General's bill, the London Fish Bounty bill, and the General Turnpike-road bill, the latter with amendments, to which they desired the concurrence of the house. Their lordships also requested a copy of the report of the select committee on the tenth report of the naval commissioners. The messengers were informed that the house would send a message to their lordships' request by messengers of their own. -The house resolved itself into a comLord Hawkesbury moved, that such part mittee on Weston's Divorce bill; and heard of the said petition as relates to expenses, be counsel and evidence in proof of the addreferred to the committee already appointed terous intercourse. The house then proto consider of the expenses incurred by ceeded to ballot for a committee to examine other persons concerned in the proceedings. the secret matter contained in the eleven h His lordship then observed, that he had giv-report of the commissioners of naval encuien notice of a motion for suspending the proceedings in the case of Mr. Justice Fox. In conformity with that intention, he was now about to introduce a bill for continuing over the proceedings to the next session. A noble lord, who was not then in his place (lord Grenville) had stated, that he had strong objections to this measure. As that noble lord was absent, he should reserve the reasons he had to urge in support of this measure until the second reading, which he intended to move on Thursday.-The bill was read a first time, and ordered to be printed.

The Lord Chancellor observed, that a similar measure had been thought necessary in the case of sir Thomas Rumbold, but the precedent which came nearest to the course now proposed by his noble friend was, the impeachment of Mr. Hastings. A bill had then been brought into the commons for continuing over the proceedings. It was still, however, for their lordships to determine whether they would adopt that course in the present instance.

Lord Hawkesbury said, he could not, consistently with the forms of the house, propose that an order should be made for the second reading, until printed copies were on the table. As it was his wish, however,

ry.--Mr. Whitbread moved for several accounts of balances in the hands of the receiver-general of the post-office, and of the stamp-office, from the year 1793, to the 5th of April last, together with the names of the persons in whose hands the balances were.-A message on the motion of Mr. Sturgess Bourne, was sent to the lords, that their house would end their lordships a copy of the report of the select committee on the tenth navai report.—Mr. Whitbread adverted to the royal commission issued for the adoption of improvements in the affairs of the navy, and wished to know, from the right hon. gent. opposite, whether any alteration had taken place in that commission, in consequence of the promotion of the person whose presidency was considered as the surest pledge of its efficacy, sir C. Middleton, now lord Barham, The chancellor of the exchequer said a few words in answer, in a very low tone. The import as well as we could collect it, was, that lord Barham was still at the head of that commission.-Sir W. Burroughs brought up the report of the committee appointed to inspect the ballot for a committee to examine the application of the 10,000l. mentioned in the eleventh report of naval enquiry as applied to se