The Marquis of Abercornrose and spoke to the following effect.—My lords; I take this opportunity to remind your lordships of a business which I took the liberty of mentioning to your lordships in the course of the last session. I allude to the charge of misconduct which I have brought forward against Mr. Justice Fox, one of his. majesty's judges in Ireland. It may be thought, perhaps, that there has been too great delay on my part for an affair of this nature. I can, however, safely say, that I am a man who never threw away an hour in my life which ought to have been devoted to any important business in which I was concerned, and of that description I consider the present to be. I can also pledge myself to your lordships; that upon this occasion almost the whole of my time has been occupied in preparing the charges, and the evidence in support of them, for the purpose of laying them before the house. It is, therefore, with a degree of satisfaction, although I confess the subject is not one calculated to afford pleasure, I can now inform your lordships, that every inquiry which I have made, and every information which I have been able to collect, have served to confirm me in my original opinion upon this subject; and that I have all the charges, and the evidence to support them, perfectly arranged and complete, except only one, and that is the least important of the whole. The form of the proceedings your lordships are to direct and determine, as you shall think proper. All that was necessary for me to do I have done, and am ready to lay the documents before the> house at a moment's notice
Lord Carleton.—I rise to inform the noble marquis who spoke last, and to inform this house, that I have received a fetter from Mr. Justice Fox, in which he declares himself perfectly ready and willing to hear and answer every charge that may or can be brought against him; but however prepared he may be, it is his wish that the business should not be brought forward until after the ensuing term. His object in wishing for this delay, is obvious, as he will of course have to examine some of the judges and lawyers in his defence. To call upon them at a time that would interfere with their business, is an inconvenience which ought to be avoided, if possible. It would therefore be desirable if the. time were so arranged, that the witnesses might be examined here, in the interval between the close of the term and the ensuing assizes, so as to enable them to return home in time to attend their circuits.
§ Lord Hawkesbury.—My lords; this is the first case of the kind, I believe, which has happened since the passing of the law, that renders the judges independent of the crown. J am extremely sorry that it should have ever been found necessary to take a business of this very important and peculiar nature into your consideration, and that such a case should have ever occurred. Of the circumstances you neither have, or can have, as yet, any information that can now be examined into. However, as articles of impeachment are to be laid before the house against a judge of the land; for the sake of pure justice, for the sake of the constitution, and for the fake of the judge himself, who is placed in this peculiar situation, and whose character rests upon the result, it is necessary that the charge should be investigated speedily. I would therefore propose, that the necessary documents be laid upon the table on Monday, and that the house shall, at the same time, determine upon the form and mode of the proceeding upon them.
§ Lord Grenvillesaid, that this being a new and important case, he must object to any proceeding upon the documents, on the same day in which they were laid before the house. As, however, the noble lord who spoke last, thought that the greatest dispatch was necessary, and as the noble marquis had stated himself perfectly prepared, he saw no reason why the papers should not be laid upon the table to-morrow, if no other business was pressing.
The Marquis of Abercornsaid; if it were the wish of the house that he should, bring forward the articles to-morrow, he would do sp; at the same time, he did not expect so early a day would be apt pointed. So late as this morning, some, alteration had been made in the wording of one of the articles, and he was not sure that it might not be made still more, complete. However, as he had declared, himself ready, he should not recede from, his word, but produce the articles- tomorrow, if the house thought fit, At the same time, he wished the business might stand over until Monday.
§ Lord Hawkesburyhoped, that the house would concur with him in opinion, that the papers should be laid upon the table on, Monday, and that Wednesday be fixed for taking them into their consideration—The house accordingly acquiesced in this arrangement.