Your Committee, finding this course of proceeding to be concordant with
the character and spirit of our judicial proceeding, continued from time
immemorial, supported by arguments of sound theory, and confirmed by
effects highly beneficial, could not see without uneasiness, in this
great trial for Indian offences, a marked innovation. Against their
reiterated requests, remonstrances, and protestations, the opinions of
the Judges were always taken secretly. Not only the constitutional
publicity for which we contend was refused to the request and entreaty
of your Committee, but when a noble peer, on the 24th day of June, 1789,
did in open court declare that he would then propose some questions to
the Judges in that place, and hoped to receive their answer openly,
according to the approved good customs of that and of other courts, the
Lords instantly put a stop to the further proceeding by an immediate
adjournment to the Chamber of Parliament. Upon this adjournment, we find
by the Lords' Journals, that the House, on being resumed, ordered, that
"it should resolve itself into a Committee of the whole House, on
Monday next, to take into consideration what is the proper manner of
putting questions by the Lords to the Judges, and of their answering the
same, in judicial proceedings.
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