Star. — London, England, 1820-07-11 00:00:00

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TN conformity to the Nineteenth Clause of the - 1 - need of Agreement between the United Company of Verchants of England trading to the East Indies of the one f at, :. nd tlte Creditors of the late Nabobs of the Carnatie of the other N rt, the Commissioners appointed under that Agree szert the roller, that a continuation of the Schedule of thg claims mad. before them, and the Commiisioners in India, and zdvertikd in the Gazette of the 6th May, 1820, has been pub usbcd in the Gazette of Saturday, July Sth, 1820, in order that :AI such persons as shall hive any Interest to 'pilaw or impeach the sante, may Live sufficient opportunity so to do. GEORGE rARKHOUSE, Secretary. SHERWOOD LODG E, SURUET. UR. ROBINS inforTris•the Pta))lic, that the Ele 1-7iL gust Villa Residence, SHERWOOD LODGE, on the Banks of the Thames, advertised to be Sold by Auction, at Garraway's Coffee - h ouse, on Thursday, tly 13th of July,' is DISPOSED OP by Private Contract. Warwick street, Golden-square, July 10. rrEN O'CLOCK TO-MORROW MORNING and ALL MUST BE DRAWN. £120,000 in • 4 Prizes of A 30,000 £4,000 in 4 Prizes of £l,OOO £2,000 is •4 Prizes of I T SOO £1,600 in 4 Prizes of £4OO £3,000 in 10 Prizes of £3OO - £7,200 in 36 Prfacs of £2OO • Money and Consols. Tickets and Shares may be purchased THIS DAY. The Lottery finishes TO-MORROW.• HAZARD and Co. Contractors, fts, Exchange Cate; 28, Coralsill; and 324, Oxford meet, London where warranted Undrawn Tickets and Shares .:? selling ; als o at all their Agents in the Country. ILIZARD and co. Shared and Sold in a recent Lottery, All the Prizes of 1;30,60) !!! And in the present Lottery, No. 2,313, a Prize of £10,000! Consols, besides NINE OTHER CAPITALS. Just published, price 2.5. Gd. A LETTER to the KING, on the Situation and Treatment of the QUEEN. • " Strike, but bear!!" Printed for Robert Stodart, 81, Strand. • Just published, in ilsro. price ss. A. QUEEN'S A PPEA L. 4. Poem.—" Dietz et mon Droit.' Printed for Robert Stodatt, 81, Strand. ' A moment's inspection convinced us that this was.not the ys. - duction of a common pea. We have heard it positively as. betted, that to a celebrated and new-titled Northern Poet we ar: indebted f.ir this composition ; and that it was even written talkr the sanction of another Illustrious Personage, the last in the kingdom, perhaps, whom the Public would suppose to have bet in'tbe privy council of the author. Many passages occur which we shotAld wish to select, as interesting in topic or beauti ftl in expression."—Monthly Retie*, June, IWO. This day was published, - In foolscap Geo. price 7s. 6d. boards, AMIA. ISABELLA, THE EYE OF SAINT .L 1 AGNE.S, and other Poems.—By JOHN HEATS, Au thor of " ENDT1110111." Printed for Taylor and Ileasey,96, Fleet-street. VA VAS. INTELLIGENCE. FaLstorru, JULY B ( —Wind. S.S.E.—Sailed the Manchester p::rket, with Mails for Jamaica. Poorsmosvm. .frav 10.—Wind E.S.E.—Arrived his Ma :tct;'s ship Mao. from a cruize; Plebe, 'Was -satsuma°, from :Loudon for New South Wales; and the Lord Teignmouth, from liaeannah, last from CtivOes. The David Lyon. reported to have sailed yesterday for London, remains at St. Helen's. Mai., JULY 10.—Wind F..—Arrived and sailed for the River, the Tobago, _Domicile, from Tobago. Came down from the River and sailed, the Clyde,, Matta, for BengaL Remain in the Downs % the Brampton, Ith.ioac, for. Madras, &c. Stamm frigate, Wva sloop of war, and Plostrea schooner. • Cowes, Jrix 10.—Sailed the Nancy uaniport, with troops and stores for I lalifay. Haaws.m, Juty to.—Arrived the Henry Freeling packet, with a Mail from Holland. fir..avE5FND, JULY 10.—Arrived the Faille, RamisroTor, and from Madras, &c. . Lyn %rem., JuLy B.—Arrived the Rose, Woos), from New • SPORTING INTELLIGENCE.. BETTING ROOM, TATTERSALL'S. Yesterday, being the first day of the Newmarket July Meet ing, there was no attendance of Betters iu the Room. NEWMARKET JULY MtETING, 1220, MONDAY, JULY 10. Die July Stakes, a subscription of 50ga. SO gs. ft. by 2-pr-old colts carrying Sit. lb. and fillies, Bst. lib. T. Y. C. Mr. Iluut,:r's gr. c. Gustavus, by erection, out of sister - to Viscount - - 1 Lord Jerzey'. ch. c. by goothsayer, dam by Buzzard Duke of Grafton's b. e. by Rubens, out of Piquet Lord Grosvenor's b. 1. by Thunderbolt, out of Opal • Mr. Douglas's gr. c.- brother' to Bourbon Mr. ltogers's f. by Election, out of Selisn's darn F.dr. Rush's b. f. by Haphazard, out of Reserve Lord Stowell wanes Mr. Wilson's c. by Smolensk° Mr. Wyndhasn's b. f. by Young Gohanna, out of Marianne The Judge placed but two.—Ten paid forfeit. 100 to 6 agst tiustavus-3 to 1 apt the ch. c. v 9 SoothsayelC.- 7 to 1 apt the b. e. by Itubens-5 io 1 apt Lord Grosvenor's b. f.—•.s to 1 against the c. by Smolensko. Lord Jersey's Aldford. Bst Sib. beat -the Duke of Grafton's Luck, Ist. 121 b. Y. C. 50gs.-2 to 1 on Aldford. SPECIAL COMMISSION AT STIRLING. The eightven prisoners against whom true Bills were found at Stirling, fur being concerned at the Jiffair of Bonnymoir, were on Thursday lat.t brought up for arraignment before the Special All of them pleaded ::.it Guilty.—'The Laub Paz -a:II7NT informed them that their trials would come on upon the 15th instant.—On thc•following day ( Friday), two more prisoners were timagiit up to. plead, viz. Jahn 4,4 reap, from St. Ninians, ni d X it:fain Crawford, from lialfron. They also pleaded Not Colv. The arraignment of the other prisoners at Stirling, ag.:..r.st whom true bills were found,was ptistponed. The Com. missitz proceeded next to Glasgow. Thc report that MCSSIS. J.zrriury. Miniamr, ancl - Cocriiriax, 1-ml drained acting** Couriielfor thepristiners hi the approach isg Trials in Scotland, is sow crinu•adicted. Three hundred of the Plymouth Division of Ma rines NNW in consequence of a sudden order from Government, embarked on Thursday last, at that poo, v. itirout their destination being wLispeted, but which ri.ust probably is Cliatbasn. PARLIAMENTARY PROCEEDINGS. :HOUSE OF LORI" JULY 10. The Earl of Mossint, and the Earls ef Seaiteosin o and, Wen , 111INGT91, took the oath. and their seat. * - • In an Appeal from • Decree of the Lord Doneeßor. stud ' against Row their Lordships confirmed the jedgment of the Court below against the Appellant (Wood.) Mr. IRVING, from the Custom-House, brooghtap an Acte•-... of the Imports from China for the last six years.--Ordered pe t lie on the table. Mr. Dwvaii, from the Irish Court of Omacery, brought ip Copies of Lord Granatd's Commission ac (Elsa hbifdwlais of the County of Longford, and the of that Mk' of the Peace for the County of Clare. Lord KENYON presented a Petition . hem certain hitants of the Parish of Mary-la-bonne, complaining of the ht. creased price of Water, exacted by the Water-Works Company. Ordered to lie on the table. Lord A UCK LAND presented two Petitions, one of which was from an e.dividual named Strickland, praying that the In solvent L.) ..t. i s Hill might be so framed as to meet his case; and •the other from certain persons confined in Whliecross. street Prison, who, it appeared, had before taken the benefit of the Act, praying that its provisions might extend to them.—Laid on the table. Mr.. l'imarrav, Irons the Office of the Land-Tex; brought ups Return of the hlxpenses incurred by the rate and redemption ofd Lands under the Land-Tax for the last yeor. The Earl of ENNISKILLEN presented a Petition from certain Freemen forming a majority'of the Electors of Dublin, against the clause of a Bill then on their Lordships table, to pro habit Masters in Chance ry from sitting in Parliament, as far as it applied to the case of Mr. Ellis, lately returned to serve as a Burgess in Parliament li.r that City. His Lordship said a few words In support of the prayer of this Petition, the substance of which was, that the clause referred to by the Petitioners, was to have an crpost facto operation, and was dirrefcre unjust, as it spited with punishment an act against which no law existed - at the time of its committal, Mr. Ellis having been declared duly elected before the clause had been inser.ed in the Bill. On the motion of the Marquis of Laasnowa, the Papers Which had been brought up from the Cusrt.m-House were or dered to be printed, for the information of the Select Commit tet on Foreign Trade. The Marquis of LANSDOWN moved the sccond reading, of the Commutation of Felonies Punishments' Bill, the Bill for the Repeal of Capital Punishments in certain easel, and another brought up by Sir Janes Maoeurrosm, for the mitigation tat the Penal Code. The, LORD CHANCELLOR expressed his concurrence in the general objects of the Bill, but was of opinion, that in their present state, they ought not to pass the Committee. He would nut object to their !sting read a second time, but proposed that, previous to their committal, an Address should be moved to the House of Conunons for a Copy of the Report of the Committee on Criminkl Laws, which contained the reasons on which these Bills were founded.--The Bills were then read a second time. THE QUEEN. The Earl of LIVtRPOOL said, it now became his duty. to state to their Lordships the course of proceeding, in reference to the important affair which was retently the chief subject of discussion in . that House. Their Lordships were. told by the Counsel who appeared for her Majesty, on a former evening, 'the strong desire entertained by her Majesty for a de. lay in the proceedings then pending. In consequence, a delay of eight or ten days had taken . place. Sub sequently, and in consequence of the Report of their Lordships' Secret . Committee, an application of a tery different nature was made on the part of her Majesty, namely, that their Lordships should pro ceed forthwith, and with the shortest possible delay. , He did not mean to say that such was an inconsis tency on the part of those who urged the objection, because circumstances may have taken place tending to preclude that consideration; nor did he stay for making any comment at present. He was perfectly ready to admit, that the call upon the House to pro ceed without delay ought alone to be considered with reference to the principle of administering substantial justice—stn object with which nothing should be suf fered to stand in competition. In this stage of the business, he felt that every other consideration would be put out of the question, notwithstanding the many' difficulties that may piesent themselves. No motive pi' personal convenience would be regarded as an ob jection, 'especially when the character of the timer and the state of public opinion was looked to. What ever way any of these considerations'may apply, their great object was the attainnst-nt of substantial justice. He threw out these suggestii . ins for the consideration of their Lordships, asto how far they may apply with reference to the present state and proposed course bf proceeding, or how they could properly begin the in-, quiry without some assistance from the Learned Judges. It was certainly a serious question whether they could exercise their important ciuty, with satis faction to themselves, or a due regard to the public interests, if they began it without the - presence at least of a part of those sages of the law? if the at tendance of the whole was not practicable, there were instances were the attendance of a portion of these .was deemed sufficient ro proceed with. A long lapse of time, therefore, would not be necessary. Upon the whole, therefore, the shortest practicable period, with reference to a due assistance from the Learned' Judges, was deemed, under the circumstances, the most aclviseable ; and as he understood-an adequate attendance from these may be practicable about the middle of August, he would propose that on Thurs day, the 17th of August, the Bill be rei,d the second time. It was of extreme importance to the case, that no farther delay should take place ; arid if any application on the part of the Illustrious Lady who was the -subject of the Bill, as to the time, or the proposed course of proceeding, should be shade, it would be proper and expedient that such application should be made without delay, and with: out the lapse of more than three or four days. This proposition he suggested with a view to the conve nience of all parties; whether on the part of the Il lustrious Lady on the one hand, or the best interests of the country on the other; and in this view he sug gested, that the longest interval fbr their consistently receiving such an application was a few days. The Noble Lord concluded by moving—'s That the Bill to degrade and divorce her Majesty be read a second time on Thursday, the 17th day of August 1 and se condly, that a copy of such* Order be sent to her Ma jesty by the Gentlecnan Usher of the Black Rod:* Earl GREY said, that it would be more conve nient for Members, if, as the Noble Earl observed, any proposition for further delay should he made and as ranged before the day now fined 'for the re • ... 111611reblitig of their Lordships was fi lially .I:tette.-- knui . *tied be likewise better for the course - of • j ,tat . whatever delay was to mow,. should ' t at iac yep , e before the corarnencement 9f the proceed: ShASS*lithiit there should be no interruption after-. avitllid.' ?here might,. however, be difficulties in the way. Of Coonsel, which possibly the- communication pf a list of the wit:nes:o4lor the accusaoon, and a specification of the - charges might obviate. It would than be 'necessary to adjourn the time to such a . Period as would Akre such witnesses to be sent for as might contravene the statements of the witnesses or•the Crowo, and which adjournment might allow hi more convenient time for attendance, though .he was Awstre that this vras a, case in' which personal ,convenience should give way to public duty. But then it was quite as expedie,jit that deliberation in ithe first instance should make subsequent delays un necessary. He looked' for no' extraordinary indul gence; but the peculiar nature of the case required thatsuch an arrangement should be now entered Oto,:its consistently With the interests of the accused, ,shcilild give the best chance of a full attendance and uninterrupted trial. The Noble Earl (Liverpool) . " had said that it would be necessary to proceed- with as little delay as possible after the application of the 'Counsel at the bar ; but he had not shewn the ne cessity of fixing the time 'for the 17th of August.— It would be more advisable that the attendance of some of the Judges should be, hail in the first in stance, after which the proceedings couhd be sus ' pendeJ,than that the commencement of the trial should be fixed for the 17th of \ August, and . '.yen suspend the proceedings afterwards. But, however this might be, there was no good reason why a list of the witnesses and a specification of the charges should be denied. The Earl of LIVERPOOL stated, that it was im possible that the House could have the attendance 'of any of the Lharned Judges before the timewhich he had fixed upon ; but as to further delay before the commencement of the proceedings, if any rea sonable arrangement on that head was proposed by the other party, he would be most desirous• that it should take effect. The other proposition of the Noble Earl's was one to which he could not so wil lingly accede, he meant the furnishing of -the list of witnesses. As to the particular charges, he thought , they were fully stated in the preamble of the Bill ; and as to any further specification he could only say, that he would give it a patient considerations but, with respect to the 'furnishing the list of witnesses, he was perfectly satisfied, and he would give his rea sons for it again, that it would form a most incon venient precedent, and oue not consistent with law. However he would leave it to be 'argued hereafter, upon a more deliberate opinion. Lord m ore observed,- that when Counsel was lan beard et the Bar, they prayed for an imme-' diate- proceeding ; but• although that was one 'of their requests, another was, that they should be furnished with a list of the witnesses and a specification of the charges. The Noble LOrd who had just sat down, had not expressed 'upon the latter subject a very de cided opinion ; but perhaps he could call his atten tion to seme'points. which niight enable him to form 4. a right judgment en the matter. His Lordship then called for the reading of the 47th Standing Order the substance of which was, that on trials of persons before the House of Lords, which, as it was the high est Court of Law, ought s to afford right to all others, Icopies of the charges should be given to the accused a sufficient time before trial to enable them to make their defence; and they, should be allowed to conduct their cause by COunsel—or if Counsel should refuse they should be assigned by the Court. The Order having been read, his Lordship said, that he did not wish to take the House by surprise, but if the date of the Order was correctly entered, it made it impe rative upon the House to communicate to her Ma ljeity the , substance of the papers contained in the Green Bag. He could not see why, in this point, they should deviate from the practice of their ancestors.— His Lordship then cited a case which had occurred in the year 1624, in which the House was in a sin gular situation -in reference to the then Lord Trea surer Middlesex. A Secret Committee had been ap pointed to inquire into the state of munition and stores ; a Report was presented from that Committee on the 2d of April by the Archbishop of Canterbury, .sus Chairman, which Report stated that evidence had been given on the Committee reflecting on the cha racter and honour of the Lord Treasurer-Middlesex. The House then appointed a Committee to inquire into the truth ofalie matters therein contained. The Order to which he referred- as dated the third of April,- and, if the date was correct, it must be taken as coitclu,sive in its application, to proceed ings` inge originating in that' House, for at that timel the House of Commons had no participation in the, transaction, but afterwards there was a conferencel between both Houses, which ended in the Commons' sending up articles of impeachment; then, for the better cross-examining - the witnesses at the Bar, the Lord Treasurer applied for copies of the deposi lions,. which were at first refused, but; on the 3d of May the prayer of his Petition was granted, and he I received the copies of the depositions, that he might be enabled to - prepare his just defence; it was thenH ordered, and at the same time it was stated, that the case might be a leading. one with posterity, that there should be a publication of the charges and de positions a considerable time before the period fixed for the final answer of the accused.- If then the date (lithe order was correct, the whole would turn upon the questicni of publication.. HOwever that might be disposed of, substantial justice should be consulted ; And if it was, its analogies afforded sufficient ergo 11mm. for furnishing the Ilouse with the whole con tents of the depositions which had gone before the Secoet Committee. At 'least, copies of the deposi tions should be afforded to the Judges before trial, as was usual, that. they might-have un opportunity Of ascertaining the credibility of tlit witnesses ) and of cornering the evidence at the Bar with the previ- :' . ' - - eus testimony : though not strictly a judicial pros deeding, it should be regula'ed as far as it couldby judicial analogies. It was to be presorted that chefs' of the depositions would be. afforded 'the Attorney- Gen- ail, and he wished to Itnoe j .if it -was thought eight to communicate the tontenta of the Bag to the Attorney-General, on what pritieiPle they -could be withheld from the Counsel: of her Majesty? There appeared to be a great mass of evidence, but the Re port upon it was of a singulaf and unprecedented qe character. -Reports in general gave some accinmt-of the evidence on which they were grounded, and left : it to tbp Hooey to infer its proper mode of srocee/- : sug ; but the present Rep , rt contained no informao non, no summary of the evidence, but it advised the House to adopt a certain mode which they hia be 'gun at once to act upon. This was the first time that such advice had ever emanated from e soeret Committee. II:s Lordship conclu,:ed by it" - des chi' ing it just and necessary that a copy of the whole evidence, if not a list of the witnesses,''should be famished to the Counsel for theaseused. , The Earl of LIVERPOOL said, that he did .noe, - then rise to argue these points ; with respect to the depositions, if any Noble Lord thought fit to make a distinct aneticris on the subject, he would enter ilea) the discussion of it; but he had heard noaiinia yet which shook his. opinion as to the propriety of the mode which the house had adopted. As to the case which the Noble Lord (-/folland) had referred to, it was, on his shewing, but a doubtful one. But if other precedents were looked t:, it is ould be found that Papers referred to Select Committees - of the House had been refused or theapplication of the de: fondant. It was so in the case 6f - Attertury; Binfop of Rochester, who petitioned the House for Papers of that kind, which he stated to be important to his defence, but his application was rejected. He did not mean to cite this case for mote than it was writ th, but only as far as it could properly apply. . 'As to the Report, it did not prejudice the case of the ac cused, because it was not upon that the judgment of the House was to be formed. The House oasto . come to its decision on oral testimony given at the Bar by witnesses, who would be liable to be exa mined, cross-examined , ' and re-examined, and to have their characters, • as well as evidence, sifted in every possible way. He felt that it would be a.gi eat advantage if the proceedings, when once begun, should not be interrupted ; and be would not object to a reasonable delay with a View to the attainmeut of so desirable an objeCt. If he had the option be tween allowing a list of witnesses or a sufficient de-, lay, be would prefer the latter, as interruption would throw a thousand obstacles in the way of justice. . Lord ELLENBOROIJOH accused-Lord Holland of inconsistency, in wishing to-have the deaositioos put into the hands of all the Members, diet they might be better qualified to judge, although lie bad before-declated that the Committee, by examining those depositions, could not but incapacitate' them selves for the final decision. It should be recollected that their Lordships were invested with two_ charac ters, that of Heredietry Counsellors of the Crowit and of Judges in Parliament, and it was impossible to conceive that the Constitution would have.placed them in a situation in which their giving adeice to the Crown, which they could-scarcely refuse' when called upon for it, should. incipaeotte them frO.n acting as Judges in Parliament. Lord HOLLAND . said, that the Noble Lord had shown great ingenuity in misunderstanding him,- otherwise he coutd not have supposed trim inconsist ent. He did think, and still thought * that the Mem bers of the Secret Committee disqeilified themselves by profiouncing an opinion upon the written deposi tions only ; buoas that epinionhad been pronounced, he wished the Houseto be put in possession of the 'whole of it ; not to form an opinion upon it alone, but to compare its statements With the evidenCe given orally at the bor. Lord ERSKANE--ei My Lords, much as I always desire to hear my Noble Friend (Lord Ellesaborough)-I . am not sure I should have given way to hitu, it I had not expected his speech would have been motetu the matter now before us. He says we have two characters, that of hereditary Counsellors and Legislators also, alai that if looking at the evidence secretly in the formei` character disqualified us for sittir.g in judgment an it afterwards, no soch Patliamentary jurisdiction giould have ever existed; but to that it can only bk answered (and I am delivering no opinion on the point), thit`if looking at the-evidence secretly affects the judgment, as it is impossible to chang e the na ture of the human mind, the practice Canizti tution should Wintered. Bat that is not the ques tion now—the Committee has made its Report,' a Bill has been brought in—it has been read a fast time, and the 17th of August has been appointed for the second reading, and the only mutter to be con sidered at present is, hew we are to deal with it moat - consistently with the honourand character oftheHopsa with the clearest safety to the accused, and in a - manner the most congeniarto the feelings of an enlightened people. My Lords, the proceeding is so rare, or ra- . ther so anomalous, that it may be difficult to find a precedent that may exactly apply to it; but I wish to lay aside precedent altogether for a more sati s s4c. tory rule of decision, viz, for that mode of proceed ing which is the most analogous to -the general Kitt. eiples of our Criminal Law, on a ease the neared as the present, and which will hold the scales of jpalice the most even between the accuser and the accused. Your Lordships must anticipate that excellent Bias lute of King William for the pretection of peeves accused of High Treason, which gives to the aceisiad, even before the Court is o,ened, 'a copy of aeki anda list of all the witnesses who ate to be examined for the Crown. What is the Principle of this admirable law which thus bestows a pOs s l eoe which in ordinary cases is denied? It iy my A mor l s. because in such a case the prisoner bassseit to coattail with an equal accuser, or With. esol4l Seem s against Injustice. It is because lie los ta eouteasj •,. . . . • . . • • . • , .