[The Constitutional History of England From 1760 to 1860 by Charles Duke Yonge]@TWC D-Link bookThe Constitutional History of England From 1760 to 1860 CHAPTER VI 5/32
A report of a commission appointed for the investigation of the naval affairs of the kingdom had revealed to Parliament a gross misapplication of the public money committed by the Paymaster of the Navy.
And, as that officer could not have offended as he had done without either gross carelessness or culpable connivance on the part of the Treasurer of the Navy, Lord Melville, who had since been promoted to the post of First Lord of the Admiralty, the House of Commons ordered his impeachment at the Bar of the House of Lords; the vote being passed in 1805, during Pitt's administration, though the trial did not take place till the year following.
In reality, the charge did not impugn Lord Melville's personal honor, on which at first sight it appeared to press hardly, Mr. Whitbread himself, the member for Bedford, who was the chief promoter and manager of the impeachment, admitting that he never imputed to Lord Melville "any participation in the plunder of the public;" and, as Lord Melville was acquitted on every one of the charges brought against him, the case might have been passed over here with the barest mention of it, were it not that Lord Campbell has pointed out the mode of procedure as differing from that adopted in the great trial of Warren Hastings, twenty years before; and, by reason of that difference, forming a model for future proceedings of the same kind, if, unhappily, there should ever be occasion given for a similar prosecution.
The credit of the difference Lord Campbell gives to the Chancellor, Lord Erskine, who, "instead of allowing the House of Lords to sit to hear the case a few days in a year, and, when sitting, being converted from a court of justice into a theatre for rhetorical display, insisted that it should sit, like every other criminal tribunal, _de die in diem_, till the verdict was delivered.
And he enforced both upon the managers of the House of Commons and on the counsel for the defendant the wholesome rules of procedure established for the detection of crime and the protection of innocence."[152] It is well known that on the trial of Hastings the managers of that impeachment, and most especially Burke, claimed a right of giving evidence such as no court of law would have admitted, and set up what they entitled "a usage of Parliament independent of and contradistinguished from the common law."[153] But on that occasion Lord Thurlow, then Chancellor, utterly denied the existence of any such usage--a usage which, "in times of barbarism, when to impeach a man was to ruin him by the strong hand of power, was quoted in order to justify the most arbitrary proceedings." He instanced the trial of Lord Stafford, as one which "was from beginning to end marked by violence and injustice," and expressed a "hope that in these enlightened days no man would be tried but by the law of the land." We may fairly agree with Lord Campbell, that it is to be hoped that the course adopted by Lord Erskine in this case has settled the principle and mode of procedure for all future time; since certainly the importance of an impeachment, both as to the state interests involved in it, and the high position and authority of the defendant, ought to be considered as reasons for adhering with the greatest closeness to the strict rules of law, rather than for relaxing them in any particular. But, as was natural, the public could spare little attention for anything except the war, and the arrangements made by the minister for engaging in it with effect; the interest which such a state of things always kindles being in this instance greatly inflamed by Napoleon's avowal of a design to invade the kingdom, though it is now known that the preparations of which he made such a parade were merely a feint to throw Austria off her guard.[154] During Addington's administration Pitt had spoken warmly in favor of giving every possible encouragement to the Volunteer movement, and also in support of a proposal made by an independent member, Colonel Crawford, to fortify London; and one of his first measures after his resumption of office was a measure, known as the Additional Force Bill, to transfer a large portion of the militia to the regular army.
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