Lord walsingham,as chairman of the committee, to whom it was referred to consider of and investigate the various matters alleged in the charge against Mr. Justice Fox, came forward, pursuant to his notice of yesterday, and of a resolution of the committee. He adverted generally to the serious and uniform attention which the lords committees had paid to the important subject under their consideration; and 713 in which it was their wish to proceed in the most unexceptionable manner, as well with a reference to individual as to public justice. Under these considerations, the noble chairman moved to the following effect: "That the said committee be empowered to report from time to time, respecting the matters exhibited before them, and to state their opinions separately upon any of the articles of charge, if, on due examination thereof, they should find sufficient grounds for the same."
§ The Earl of Carlisleexpressed his disapprobation of the motion. He was adverse from the mode of offering any partial reports to the house upon the subject. He rather thought the committees should be instructed to withhold all reports until the whole of the charges against the accused should be gone through. The course generally adopted by grand juries would be the best to adopt in the present instance, which was to consider of, investigate, find, or throw out all the bills brought before them, instead of deciding upon any one, two, or three separate charges of what they might have to consider. He thought the duty imposed upon the committee, in the present instance, was similar to that which grand juries of the country had to fulfil. In considering the question then before the house, the situation of the accused, one of a very serious nature ought to be considered; the possibility of his being brought to the bar upon any one or two of the charges, while the rest may be pending or undecided, the situation of the accused person's mind, on such an occasion, was worthy of consideration. Added to this, was that of the contingency of his being voted guiltless of the particular charges reported to the house, and no opinion being subsequently stated, or decision made as to the remaining charges; a contingency, which, he thought, in point of fairness to the individual, as well as in justice to the public at large, ought to be seriously considered, and, in his opinion, was worthy of being made the subject of a specific motion.
§ Lord Hawkesburyobserved, that it was certainly irregular to allude, in the house, to what passed in discussion in a committed, otherwise he might particularly call to the recollection of the noble earl, that the resolution, on which the motion before the house was grounded, was not adopted without the most nature and de- 714 liberate consideration in the committee. The topic now regularly under consideration was by no means extensive, and its merits lay in a narrow compass. The motion referred not to any decision of the committee; it went to empower them, from time to time, to report their opinions upon any, or upon what charge, which they might deem of sufficient importance, to be brought under the consideration of the house, with a reference to a question, for the removal of the accused. The motion went not to bind, or in any way pledge, either the committee or the house, to any specific or particular line of proceeding. It would be for the committee hereafter to decide, whether or not they shall make a specific report on any particular charge, without going through the whole. It went to prejudice no point whatever, in consideration before the committee. Should they think any particular charge or charges weighty enough for a specific report, they would proceed accordingly. Neither would the house be affected by the motion; it would be at the option of the house, whether a proceeding at its bar should be adopted in consequence; or, upon its view of the charge, refer it back to the consideration of the committee, or call upon them to state their opinion upon all the charges; or whether a middle course should be adopted: these options would certainly rest in the house; and their agreeing to the motion of the noble chairman, would in no shape affect the proceedings, either in the way of convenience, or in reference to the consideration of private or public justice. The motion, therefore, which was unanimously approved in the committee, should have his decided support.
§ The Earl of Carlislespoke in explanation. He repeated his idea of the possibility of their lordships having, in consequence of the report of the committee upon some particular charge, to put the accused upon his trial; and, in the event of his being acquitted, and no opinion or decision being given or made, as to the other matters in charge, or, at least, in a way that such could go forth to the world; such a consideration may operate unfavourably with respect to the accused. In this point of view, he thought that some proceeding, obligatory upon the committee to go through the whole should be adopted.
§ Lord Grenvillethought the merits of the question now regularly before the house, 715 lay in a narrow compass. He had merely to express, his determination, that if he in the smallest degree apprehended that either the decision of the committee or the house, upon any particular point, with reference to the subject under the consideration of the former, were precluded or pledged by the motion, he certainly should not give his assent to it. No question, as to a report upon any particular charge being specifically made, or a thorough investigation of the whole, was prejudged by the motion. Neither would the house be in, the smallest degree precluded from entertaining the question of proceeding hereafter in any particular mode. Neither the house nor the committee would in the least degree be bound by the motion; a consideration which he thought it proper should be understood.
The Lord Chancellorobserved, that the noble lord who had just sat down had exactly expressed his sense of the question before the house. The committee were left at full liberty to proceed as they should think fit, and the house would retain its option to adopt or reject the opinion of the committee.—The question was then put, and the motion carried.