Lords Sitting of 21 May 1805

MINUTES
The Lord Chancellor delivered his opinion at considerable length relative to the appeal cause, Blane, esq. trustee of sir Andrew Cathcart, against the earl of Cassilis. His lordship thought that as to some parts of the property in dispute, the interlocutors of the court of session ought to be affirmed, and with respect to the remainder, that it Ought to be remitted to that court for further consideration. He wished, however, for the sake of more accuracy, that final judgment should be postponed till Friday; which was agreed to.—On the second reading of Lingham's Divorce bill, Mr. Parke was heard on the part of the petitioner, and evidence was examined to prove the fact of adultery committed by Mrs. Lingham. The further consideration was postponed till Tuesday.—It was ordered, on the motion of lord Auckland, that an account of the proceedings which have obtained, within a given period, for the improvement of the Chest at Chatham, should be laid before the house.—The order of the day for taking the late message from the commons into consideration, respecting the attendance of the Earl of St. Vincent upon a select committee, being read; Lord Hawkesbury observed generally, that he conceived the usual practice in such cases was, that the noble lord adverted to in the message should, in his place, rise and state either his willingness or objection to attend, as requested, or, in his absence, appoint some noble lord, to declare for him his dispositions on that head; under these circumstances, should
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no noble lord present be empowered to declare the determination of the noble earl in that respect; he submitted whether it would not be preferable to defer the consideration of the message for a day or two? The lord chancellor seemed to concur in the propriety of what was suggested by his noble friend, and to think that the usual practice in such cases was, that the peer in question should attend in his place, and make the necessary declaration to the house. The result was, as we could collect, that the further consideration of the message was deferred till to-morrow.

WEST INDIA ACCOUNTS.
The Earl of Suffolkcalled the attention of their lordships to the circumstance of his having moved some time since for, the production of certain West India accounts; which was then agreed to by the house; but none of which were yet produced. He wished to know of a noble secretary, whether these accounts were soon likely to be laid upon the table, as he meant to ground some important motion thereon, and the session approximated to its close?
Lord Hawkesburyobserved, that it was impossible to get the accounts moved for by the noble earl, ready for production within the time. They were of a very voluminous nature, comprising accounts of all the monies drawn for from the West-India Islands for a number of years; the preparation was certainly going forward, in the proper offices; but he was unable to tell when they would be ready for presentation. If the noble earl mentioned any particular items, or the accounts of any particular time, on which to found any particular proposition, they might, perhaps, be speedily produced.
The Earl of Suffolkspoke in explanation, and said, he did not wish for an account of any sum lower than 2,000l. While the noble earl was on his legs, he begged leave to call their lordships' attention to another case of non-production of accounts. He alluded to that of the proceeds of old naval stores, and their application. The motion he alluded to was at least a year and a half ago; and no corresponding account had been since produced. These proceeds must be very considerable, when it was considered, that in some years not less than two millions were voted, for the service of the navy, and the great wear and tear which must take place among our blockading squadrons. After some further observations, his lordship moved, for

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the production of those accounts, from the 1st of December, 1804, to the 1st of December, 1805.
Lord Aucklandobserved, that, on account of the time stated in the motion, it was evidently impossible it could be complied with. The motion afterwards was allowed to be withdrawn for the purpose of its being new-modelled by the noble earl.

CONDUCT OF JUDGE FOX.
The order of the day being moved, for their lordships going into a committee, upon the motions alledged in charge against the above judicial character;
Lord Hawkcsburyobserved, that he thought the most proper and regular course of proceeding in the case, as it had stood before their lordships, was, that an address should be moved to his majesty on the occasion, embodying in such motion or address, a statement of the facts upon which the charge, giving rise to the address, was founded; and then to refers the consideration of the whole to a committee of the house, for the purpose of affording a regular opportunity of proving at the bar, the allegations stated in the address. This line of proceeding would, he thought, best square with the act of settlement; and, upon this ground, he should beg leave to suggest to his noble friend, the propriety of moving such an address, in which should be embodied, for the purpose he had mentioned, the important, facts of the case.
The Marquis of Abercornexpressed his willingness to accede to the proposition of the noble secretary, did such appear to be the sense of their lordships, as the most proper; for, it was his wish never again to be reproached with urging the adoption of any particular mode of proceeding, in preference to another. Under this impression, he should therefore readily undertake to move an address as suggested; but he should content himself with simply moving the address, and not offer a word in the way of comment upon it. From the moment, he judged it important to come forward as he had done, in a case involving the rights and privileges of his fellow subjects, end saw the matter placed in a train of investigation. He had carefully, as their lordships must recollect, abstained from any observations in that house, which might go to affect the individual, or bias their lordships' judgment on the case. On these grounds, he repeated he should content himself with simply moving the address.—On the motion of lord Auckland,
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the order for their lordships going into the committee was discharged.—Adjourned.