time that I was thinking on the subject, the time was near two years. I took it up, laid it in my desk; took it up, and laid it in my desk again, that it might ripen in my mind. I saw my difficulties of coming to a decision increased. I dreaded being hasty or positive, and I thought no trouble too much on such a public subject, which appeared too much for the life of any man, and most certainly for any one man's understanding.
Mr. W. Burke. I desire to know, Mr. Chairman, what was the name of the thing which he took up and laid down so often, and which he delivered in at last to his Majesty?
Mr. Marriott. I think Mr. Chairman, I remember the face of that gentleman who asks me the question, "what is that thing which I took up and laid down so often, and delivered in to his Majesty." I answer, when that gentleman was himself in office, he very well knew what sort of things are the opinions of Crown lawyers.
Mr. W. Burke. Mr. Chairman, the witness at the bar has behaved without any respect to the House. It was enough for the House to be insulted elsewhere. We are in an abject state. I say so, and others think so. We are very ill used. The upper House had used us ill. They shut us out, not for fear we should hear what they did, but for fear we should see they did nothing. They frame the Bill there, delay it by keeping it in their hands, and then send it down to us; and now we are to hurry through it without sufficient information; and nobody will own it. The doors are shut upon us; nobody will give us information. I said, the gentleman at the bar said he had a knowledge of men and things, and yet he said he could not tell. I am not guilty of any blunders, any Iricism. The Clerk mistook as well as I. The gentleman says, he does not know the constitution of France; he does not know the constitution of Ireland; he never was in Canada; the King is his client; he will not tell you what advice he has given the King; we have a right to be informed by him. The Minister told us we should be so; and now truly the witness will not give an answer to any thing, what his real opinion is. By the rules of this House, no witness at the bar is to answer any thing personally, touching a member. It is a disrespect to the House. The questions are to be put to the Chair by a member; and the Chair, which represents the House, is to put the questions to a witness. He is to return answers to the Chair, that is to the House. If an improper question is put, the House may overrule it. I always behave like a gentleman; I know the gentleman at the bar, though I am not intimate with him. He has taken fire at my expression; I did not mean to affront him. He would not tell us what it was he had delivered: he himself therefore forced me to call it "that thing" which he delivered. I had no other way to express it. I am ready every where to demand or give satisfaction, where there is an affront offered or received. I desire the gentleman may withdraw, and to know the sense of the House, whether I put an improper question, or the gentleman made an improper answer?
[Mr. Marriott was ordered to withdraw.]
Mr. Pulteney. It is certainly very irregular for a witness at the bar to answer any thing relating to a member, personally, who puts the question. It was always in my opinion wrong, considering that gentleman's situation, to call him to be examined: but we were refused the perusal of his opinion, and the papers. The Attorney and Solicitor General here refused to tell us what were the opinions which were given in by them. I often have observed much, debate and confusion occasioned in the House, when a witness of wit and abilities is examined. It should be remembered by both the persons, by the one who puts the question, and by the other who gives the answer, that the question is put by the House, and the answer is returned to the House. An attention to this would preserve reciprocal decorum.
Captain Phipps. I must observe to the Committee, that this examination is getting into a train which appears to me to be very improper. Sir, when men of great parts and abilities, and much wit, come to this bar, I cannot help condemning that kind of applause which is given them for exertions of that wit, though very unseasonable. I may have been guilty of joining in this encouragement to a witness, but am sure the Committee sees, by this time, that if we proceed thus, the witness will have been called to the bar to very little purpose. Besides, Sir, there is a conduct, in witnesses that is not at all consistent with the dignity of this House. I therefore hope, that the witness, as well as any others that may come to this bar hereafter, would recollect, that although the House owes much to the situation of a witness, yet does the witness owe something to the dignity of the House.
Lord North. I rise to answer the honorable gentleman who was so warm. He is angry that the gentleman will not tell you what his opinion was. He made a complete answer to his question. He said it was a deliberative opinion: that he made no decision. I do admit, that the answer of a witness, by the rules of this House, should not be any thing personal to the member questioning, however impertinent, rude, or absurd, the question may appear to him. The rank and station of the gentleman at the bar ought to be considered. The word "thing" is understood generally as a word of contempt. Nothing contemptible comes from the gentleman at the bar: such a word might naturally strike him: and his not being a member of this House, so as to know the rules of it, excuses him for shewing his spirit on the occasion, when he thought himself affronted. He is under the protection of the House, and no improper question ought to be asked. In that case he may demand the protection of the House, and so may every person who is examined at this bar.
Mr. Edmund Burke. I rise to apologize for the honorable gentleman next me. I am perfectly sure he did not mean to affront the gentleman at the bar. I know the gentleman there extremely well, his great abilities, learning, and character; he has distinguished himself by his writings and behaviour, and nobody here or any where else can treat him with contempt; but we should have been very glad to have had his information. I am sensible that he is in a very trying situation. His information is withheld. It is a distress upon him, and an insult upon us to refer us to him, when it was known beforehand that it was not likely that he should think himself at liberty to give us his opinion vivā voce, after what he has written was refused us by others. It was, however, very natural for us to call for him. We had no other hope of obtaining any information of great authority. All the world knows that the King's Advocate General, the Attorney and Solicitor General, from the nature of their very high offices, have the power of obtaining every sort of information. All is open to them in every department of Government. They can enter behind the veil. The sanctum sanctorum of State must be frequently and confidentially submitted to their view; but the curtain is drawn upon us, and the door is shut. How, then, are we to get information? I ask; shall we have it from the other Crown lawyers? The answer is, they stand upon their own ground, and take and narrow it when and where they please, as members within the bar; and the gentleman who proceeds in office, but who stands without the bar, necessarily suffers from a variety of torturing questions put to him on speculative points, which it must put any man under difficulties to answer, especially one in his station. I never should have concurred in the motion to examine him, if the former motion for the address for papers in general had not been overruled.
Mr. Marriott was again called in.
Chairman. Sir, you are to address yourself to the Chair.
Captain Phipps. Under what denomination are the papers which were delivered in by Mr. Marriott to the King?
Mr. Marriott. A Report.
Mr. Mackworth. I wish the gentleman would give a short account of the substance of that report, as concise as he pleases to make it.
Mr. Marriott. I thought I had before given an account of the contents, and of the plan. It is impossible to give a short account of a long affair.
Mr. Mackworth. In that report does he approve of Juries; does he like them; what does he think of them?
Mr. Marriott. I should choose to be tried by them. But I think of Juries as I do of every thing else in this world—every thing is imperfect. I have often considered
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