Lords Sitting of 25 June 1805

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.
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 chancellor 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 affirm 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,
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would have the effect of an ex post facto law upon his cause, and prayed that their lordships, in their wisdom and justice, would so amend such clauses, as that the law, at the time of the alledged offence, might not be altered. The petition was ordered to be upon the table.

COLONIAL INTERCOURSE 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 lieutenant-governor 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 power was given to the governor of every 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 earl (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

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the governors of the islands and his majesty's government, respecting the trade with America, from the commencement of the present war with France to the 21st of May last.
The Duke 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 government.
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 ho had done.

CONDUCT OF JUDGE FOX.
The order of the day for considering the petition of Mr. Justice Fox being read,
Lord Hawkesbury moved, that such part of the said petition as relates to expenses, be referred to the committee already appointed to consider of the expenses incurred by other persons concerned in the proceedings. His lordship then observed, that he had given 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,

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that it should be read a second time on Thursday next, he now moved, that their lordships be summoned for Thursday.—Adjourned.