The Marquis of Abercornsubmitted a motion to their lordships, as part of which he read the allegations which he brought for- 856 ward at the commencement of the session against Judge Fox, the tendency of which was, that they should be referred to the committee of the. Lords to whom the petitions of Mr. Hart and others, against the hon. judge, had been referred.
Lord Aucklandexpressed his regret that the subject had been ever brought forward before their lordships in the shape in which it appeared to stand; but now that they had taken it into, consideration, he thought it incumbent on them to proceed to a conclusion, and either to acquit or convict the learned and hon. gent. whose conduct was the subject of the charges or accusations, or whatever, other names were given to them. He sincerely lamented that such a precedent had been established, as that one of the judges of the land should be called upon to answer the allegations of any member of that house, however respectable, and particularly as the matter of those allegations was not within the immediate knowledge of that noble lord, but taken upon the bare assertion of those whose authority should be received with some diffidence. If it were competent to the noble marquis to do this, by parity of reasoning, any of the 658 members of the other house might call upon any of the judges, or even the lord chancellor, to answer to charges which, perhaps, might ultimately prove to be unfounded. What a situation, therefore, would that of those persons, chosen on account of their experience, ability, and virtue, to administer the laws, be, if, on the solitary allegation of any of the members of the other house, or of any noble lord out of the 360 of which the peerage consisted, they should be required to answer at that bar accusations of the most serious nature. However as their lordships had proceeded so far, he thought it their duty to continue, notwithstanding the objections to which their proceedings may give rise.
The Lord Chancellorexplained the different modes which might be employed far the removal of a judge guilty of misconduct, both by the ancient law and the act of settlement. The other house might have proceeded by impeachment, and he was sorry that mode had not been resorted to; but still it was competent to either house to proceed by address. His lordship explained the anomalous proceedings, in which it was possible the present measure might lead their lordships, and, slated more explicitly than what had been pre- 857 viously done, what he conceived to be the intention of the noble marquis in making his motion.
§ Earl Spencerdeclared that it did not appear to him to accord perfectly with the usual course of their lordships' proceedings in criminal matters, that the allegations of the noble marquis, as well as the petitions, should be referred to their lordships' committee.
§ Lord Hawkesburyadverted to the novelty of the case, and urged the necessity of proceeding with extreme caution and precision in a case for which there was no precedent.
§ Lord Ellenboroughwould, with the leave of their lordships, propose an amendment, which he thought would have the effect of obviating the objection suggested by a noble lord. He thought it a subject for deep regret, that an occasion for any measure of the sort upon which they were engaged should have occurred; and he particularly lamented, that the mode of impeachment had not been preferred to one which was likely to involve them in a sea of eternal discussion, where they would have to labour without rudder or guide. The honour, the character, and the fame of one who filled the most important office in the magistracy, should not be subjected to the delays and inconveniences inseparable from the mode of proceeding, into which the house had unfortunately fallen. His lordship's amendment was then read and adopted, which was in substance" that so much of the allegations against the hon. Mr. Justice Fox, as were not contained in the petitions, should be referred to the committee."ߞAdjourned.