§ A copy of the evidence taken before the close committee of their lordships, to whom it was referred to investigate the truth of the matters alledged in charge against Mr. justice Fox, being laid on the table;
§ Lord Minto moved, "that the same be printed for the use of the members of the house."
§ The Lord Chancellor, after adverting to what had been thrown out by a noble and learned lord the other night on the subject, observed, he had anxiously enquired with respect to the proceedings then alluded to, and found, that the house had been, in these instances, so cautious, that some degree of restriction prevailed with regard to the inspection of these documents, even by peers themselves; and, the order, in which their lordships then expressed the parliamentary usage of the house, stated, that the evidence (in the case of Mr. Hastings), printed from day to day, was for the use of members of the house only. With this precedent, and under his own convictions upon the case, he would beg leave to amend the noble baron's motion, by the addition of the word "only;" so that it would appear on the journals, that those with whom perhaps it most particularly lay, had not forgotten to do what they thought their duty.
§ Lord Hawkesbury stated, that his idea was that the same degree of publicity ought to be given to the evidence taken before the committee, as to that given at the bar of the house. He wished for no more, nor could he take less.
§ The Lord Chancellor agreed so far with the noble secretary of state; but repeated his opinion of the impropriety, injustice, and probable mischievous consequences of 243 suffering general publications of unfinished trials to go forth.
§ Lord Minto observed, that his sole object was the attainment of substantial justice; he had no objection to the noble and learned lord's amendment, but alluded to the difference between the case of Mr. Hastings and the present, where the party had no possible means of learning what transpired in evidence on the former occasion, except through a proceeding of this kind.—The question was then put, and the motion, as amended by the lord chancellor, was agreed to.