The National Register. — London, England, 1820-08-21 00:00:00

fai nXci 1 . Vaviptrant. • I.l r be ft* I e :43P R F k4 ‘‘ 1111. 0.86.- • • '"MMIS.. TUEi AY, AUGUS T The House met this day according to adjournment. and Cie doors *ere opened at half-past three o'clock. From t re proceedines it will appear there is no reason to sup p ise the Lords will not go on with the measure against her Majesty. After prayer., during which strangers were, as lethal, exslndeil, the Duke of Leinster, the Earl of Farnham, Lor I Donde., and the Earl of Guildford, took the oath and their seats. Dr. Liishiligton, Mr. Denman, and Mr. 111rouglians, her Majels's Conesel, had contii 1111 l ication with Sir T. Tyr whitt, respecting the proceedings against the Queen, and the swearing of witnesses in support of the Bill. A DOR ESS OF CUNDOLENCE.—The Earl at LIVERPOOL called the attention of the Lords to the lamented death of the late Duchess of Volk, and moved an address of Con. dolence to his Majesty on that melancnoly event. The motion was agreed to, and the Address ordered to be de livered by the Lord' with white staves. The Earl of LIVERPOOL then moved a Message of Condolence be sent to his Royal Highness the Duke of York.—The motion was agreed to. PROCEEDINGS AGAINST THE QUEEN.—The. Duke of LEINSTER rose to advert to the measure now pending •gainst her Majesty, and expressed his regret that such proceedings had been adopted. Parliament had a most difficult and arduous duty to discharge ; vet lie was per suaded the honour and character of that House wonld never suffer in the public estimation. The proceeding by Bill of Pains end Penalties was, in the opinion of the Noble Duke, so objectionable , that he declared his inten tion to oppose it in all its stages. REPORT OF THE COMMITTEE OF PRECEDENTS. — The Earl of SHAFTESBURY, as Chairman of the Committee appointed to scotch for Precedents, read to the House a second Report made by that Committer, containing Reso lutions for preserving order during the proceedings against the Queen. The first Resolution was, that all coaches and carriages he kept clear of the avenues leading to the House of Lords, from nine in the morning to six in the evening. Seepildly, That the Deputy Steward of Westminster and the Magistrates, do take care to provide constables sufficient to prevent any obstruction in the avenues lead ing to the House of Lords; and thirdly, that an Address be pinioned to his Majesty, praying he will be pleased to give directions that the Guards do attend the House as in eases of impeachment. Tile Earl of SHAFTESBURY finally moved, their Lordships Should agree to the said Resolutions. The motion was consequently agreed to, and the House Adjourned. WEDNESDAY, AUG. 16. Several Lords took the oaths and their seats. On the motion of Lord KING, a list of witnesses to be examined on behalf of the Queen was ordered to be laid before the House. REPORT OF THE COMMITTEE OF PRECEDENTS.—The Earl of SHAFTESBURY teed another Report made by the Committee appointed to search for Precedents. The Committee on this occasion recommended the arrange ments necessary to prevent the House bring in a crowded state. First, it was the opinion of the said Committee, that no Lord shall give more than one order, on any day during the proceedings on the Pains and Penalties Bill, and that the same be signed, sealed, and dated the day on which It is given. The some below the Bar admitting only a limited nnm ber persons, it is advisable the Lords restrict their orders. Archbishops, Dukes, Marquissee, Viscounts, and Earls, including the representative Peers of Scotland and Ireland, will give orders on the first day. The rest of the Lords on the second day, and the arrangement to be con tinued on alternate dove. The Earl of SHAFTESBURY having read the above, moved the House do agree to the resolutions. The report was agreed to. The Marquis of LANSDOWNE p ted a Petition from the Merchants trading in foreign timber, praying for relief, under difficulties occasioned by excessive tax ation. and the existing regulations in the timber trade.— The Petition was read, and laid on the table. itusniasi DEct.sHATIUN, &C.—Lord HoLLAND gave notice of his this mien to ask his Majesty's Gore' ttttt ein tnr south thillfillellloll on the subject of coma 1111 l i l Anions between this Gobei 'mien( and Russia, with reference to the Government of Spi in. His inquiry would arise out of the Russian Memorial and Declaration, which ted principlrx likely to involve all Europe in war, and destroy the happiness of Government. It would be satis faction to find the execrable principle to which he alluded eliwounteimuced by the Noble Earl. lie should not allow many days te elapse tsefote hi- brought the subject again to the looter of his Majesty's Ministers. The Earl of LIVEIrPoOL said, he should be ready whim the Noble Lord propused his questions to give him the fullest explanation. He could also say, on that occa. sion, there was nothing between this counts,' and Russia that eiarld famish any ground fur supposing there was the least pretence for hostility between this country amid CALL OP THE RDIJSE.-011 the melon of the Lord Chancellor, toe (uric was iorlicreii 1., hi called over 10. norm*. 1111 l meg at ten u'eh ca, atter %%Welt the Lords ill pi uceed with the chat ges against het Majesty. •tousT 17. THE QUEEN'S 't RIAL 1 The 11001'6 of the House were opeued at nine o'clock. Sir Thomas Ty rwloti, Voter 4)1 the Black Rod, very poidcly gave directions for admitimg the gentlemen con nected u the Piess heluie any other persons. The consequence of which %a., that they *etc i•uablrd to obixNi II station the mind convenient fur their labours which the space below the bar adowed, being in one of the divimois munedtateiy 1.4 hind that bud out Ism the wit nesses and the Qoeen's 'The Peers immithatcly began to take Wrir sualt wltlnii the bar, and bevel Ai 1.11 the leading Co ttttt toilers (among them were Mr. Ttrlncy, Mt. Caleraft, and Mr. (ii eutrit) took up stations beta ten that and the 'lntone. At minutes before ten o'clock, the Lord f;liatici nut code, c4l the douse. 'file Dirtelp o r Li d .l 4 ll . inns• d6itrly read payers. The itAl cr port of the Muse became a scene oh unusual bustle and intetest, the fulness of attegdauce scrotiai to cause IQDIII difficnity in tin ap• . • NATIONAL REGISTER. ------ propriation of seats. Three 311.1g0s of the King's Bench (the Chief... Justice, and 'c es Best and Holroyd) took *heir setts -1 1r the Woolsack. Baron Richards Intl liaAa siww egAre4 l llnon after • seat% beside Agin. to Age afterwards jadta ge the House was tilled, and the attendance ‘t Peva cum- plete. Mr. Cooper, Clerk of the House, read the order for eallint over the House. The names were immediately called over. The Lord Chancellor deVered apologies which he bad received from several Peer.. The LORD CHANCELLOR read a letter from the Duke of Sussex, praying the House to excuse I • , on ac count of consanguinity. The Dottie of YORK said, that if such a claim were admissible he was much better entitled to the benefit of it. Nevertheless he was determined to do his duty. While the names were calling over, the Queen attended by Lady Ann Hamilton, and followed by her Counsel, entered the House from the robing-room. Their Lord ships rose and made an obeimince. Her Majesty took her seat in a chair prepared fur her, beside the steps of the throne. Iler Majesty was dressed in mourning, with a albite veil thrown over her head, which coveted her hoist. 1. ird A. Hamilton attended her Majesty, on coining in, and took his stand behind her chair. The noise of the shoats which first annooneed her approach continued with rather increased force for some time after her Majesty's entrance. Lord ERSKINE presented the Petition of the Common Canneil of the City of London against the Bill of Pains and Penalties against the Queen. The Doke of LEINSTEI( presented a similar Petition from the Freeholders of Middlesex, but as it was signed by She; itt Parkins on behalf of the meeting, it was lead only as Isis Petition. The Mai gins of LA NSDOWN was of opinion, that the names of the Peers sl td be called through before the House onJertook to consider Petitions or any other bu siness. Lord Glerawley not answering to his name, he was stated by Lord Liverpool to be above age. A short discussion took place upon the necessity acorn- plying aids the rules of the House, by sending notice of the excuses to the Lord Chancellor. it was determined that the fact of indisposition or supetior age being known to any other Peer, might be cowl grounds for a motion. — Lord Glerawley was accordingly excused on the Mt/LIMA of the EMI of Liverpool. The Duke of HAMILTON moved that the Doke of Sus sex should be excused, for the reasons given in ilia Royal H ightiess's letter. The Duke of Cambridge was also excused, on the motion of the Earl of Liverpool, being appointed his Majesty's Viceroy for the kingdom of Hanover. BILL OF P 11NS AND PENALTIES. The Earl of LIVERPOOL moved the Order of the Day for the second reading. The Duke of LEINSTER moved an amendment, that the Order should be rescinded. The House divided— Contents . . Nou-contents . . . 41 . . .206 Majority against the Amendment . 165 When strangers were re-admitted, the House was in debate on the motion for collier!. in Counsel. The Earl of CARNARVON was of opinion that it would be isicowistent with public interest, and incompatible with the huotpur of their Lordships` House, to proceed fur ther by callin4 in Counsel. The objections to the Bill were so general and so strung, that he could scarcely make up his mind to voting upon it at all e but if compelled so to do, he would certainly vote against it. Was it possible to believe Brat such a measure was necessary for the interests of the country? Was it to be supposed that the country was threatened with any danger by their Lordships decl . : g to pursue it ? He objected to Bills of Palos and Penalties on more general grounds. They were a mode of legislating, es post fait. (it was and) in cases where the parties could not be made amenable to the ordinary administrati tttt of justice —as in cases where there was obviously ground for a I ri initial charge, but such a defect of evidence as would prevent conviction before the common tribunals. lie protested against such a principle of justice, on the most public grounds. He adverted to the case of Sir John Feowick, w herein the mode of trial was clianged from impeachment to a Bill of Pains and Penalties, tor want of suarcient es i deuce. He thought that case no ground for their Lordships' precut proceedings. For although there was at first a majority of 90 for introducing the Bill against Sir John Fenwick into that House, after healing the evidence and debating upon it, the Bill was carried by a majority of only thirty-three in the House of Commons, while in their Lard ships' House it passed by the very treble majority of seven. As to the matter of chars of the 'present Bill, what had their Lordships seen, or what heard, to induce theist to believe that it was a proper subject Or inquiry for that House? Their Eiovhips could nut be istiorant of the proceedings which had taken place in the House of Count tttttt s, nor of the vote which that House had come to upon the Bill before them. If, indeed, the Noble Earl who moved the Order of the Day would stale to thelliouse the matter of public danger iovolved in the ehargeo-mr if that Noble Earl really apprehended danger from abandoning the Bill, after what had taken place, and would state the circumstances of his fears so as to satisfy his m a id—he sai,:lit be induced to support the einituissinice of the proceeilm,•s. But there was before their Lordships not even the shadow of such an opinion. If the case were well founded it ought not to be proceeded against by that mode of trial. if it were said 111..1 time charge of adultery could not be proved. but that conduct little short of con victed adultery could be proved, he would then put it to the Msoieters of the Chureh, and those tit the I. to, who hoard lion, to say, if thi y kites* any other grounds to' which u divorce had urea aboard than that of adultery loosed in the very fact ? if lint were the clutige, it should irive been stated w till such piamiless that the thustrious accused mitt 'lave been enabled to in-et it, The old clouts to the lora -tire %vie genesal, having been expressed iti every part of the coantry. For their Lordships to proceed swot Have the ettect of irritating the teelitio of the public to a dangerous degree of heat, but vs ithout probabiiity of effecting any de gree of public a I. II • objected to ca,lia; in Counsel. Erni (AMY Said, tiro oaten his Noble Friend stated his Ilet)C'I'C'Cl1111.0t115 galresii"Clihi)Ohljtiellelit tit I ' P' l.l lin u .s t " W d lie l l ' s e i l t iti w ti :ts .s' io l r i TopTise u- 1 1 1 ' by another Nook Freud of ills, without any reason havin g ; been gisess to rescind all order ss Inch had been deliberately i eotered oil them Lori!s!iips' Journal., and to give up the dibcuabiva of *bullied, which, however poislul, had bee. undertaken offer grave mid deep deliberation and debate upon it, he could not readily assent. The difficulty of voting on the questio ould 4 painful to him as to others. Tne *able Earl the hi an ex; LLLL i t nation of the law of sthaaion, ank i eg be is questions should be put to the Judges, the u je t b was to ascei lain, if the crime of adultery committed b e Queen with a foreigner were not high treason in the arc y, though the principal were answerable to the laws of Eos,land ; he founded his argument on the rule that necessaries in treason were prix. pals, and liable to punishment in cases where the principals in the first degree could not be visited. The LORD CHANCELLOR held the contrary opinion, though he admitted Mount all the writers were with the opinion of Earl Grey. The Farl of LIVERPOOL hod no objectioo to the ques tions being put to the Judges. It had keen alleged that the present mode of proceeding against her .Majesty was without precedent, but such was by no means the fact. It had a pr ceilciit in many bills of divorce passed through the House. Unfortunately there were cases in which the wives of Peers were brought there to be divorced from their hus bands. and degraded from their rights, privileges, and im munities. Now he contended, Hist the same was dome trs such Peers silts ns was now proposed to be done in the case of le•r Majesty. The degradation wars exactly as great as such a case as that which it was the object of the present Bill tuv ell'ect, with what justice, then, could the 801 l be called as es post facto 1-iw ? The Marquis of LA NSDOW N recommended the adoption of the course proposed by his Noble Friend ( Earl Grey.) Earl Grey's motion was then put and carried, and the Judges i 111 l nediately retired to deliberate. After an absence of about twenty minutes, the Judges returned to it. House, mid the Lord Chief Justice of the King's Bench delivered the op and brothers., which was, that the Queen could not, on the present eh ca sino, be considered as Navin,; been guilty of the mime of High Treason, under the provisions of the rt.glute of Ed ward 111. The LORI) CHANCELLOR then put the motion for ralliug Counsel upon the Bill and bearing them at the Bar. The Counsel for and against the. Bill were then called in. Upon the part of the Queen appeared Mr. thongbaits, Mr. Denman, Dr. Lushington, and Mr. WiMalin. In sup port of the 8.11 were the Attorney and Solicitor General, Mr. Park, ate. The Duke of HAMILTON said, he wished to ask the Attorney-General by whose dif eetion and upon whose behalf he seuw appeared at the Bar of that House. The ATTORN EV-GENERAL replied, that be attend ed at the Bar in consequence of having received an order of the House served 141011 hens by the Usher of the Black Rod directing his attendance. The Duke of HAMILTON exp himself not at all satisfied with this explanation. He wished to know by whose direction the Attorney-General attended. Lord LIVERPOOL said, the answer was, in hiaopinion, as satisfactory as could be expected. The Learned At torney-General had obeyed the order of the House. The ATTORNEY-GENERAL said. lie was [wand to attend upon the House upon receiving their order, either in person or by deputy. He considered the former mode more respectful to their Lordships, mud waited upon the House accordingly. Mr. BROUGHAM then addressed their Lordships. He appeared, lie said. again before them in behalf of the Queen, and lie had again to protest against the principle and the proceedings against her Majesty, as harsh and unjust. He had, on a former occasion been told that lie was not to be heard against the second reading of the Bill. This would have been against precedent, for in the case of the Duke and Duchess of Norfolk, in IOW, the Duchess was heard by her Counsel against the Bill bring brought in, against the first reacting of the Bill, and twice against the second reading. This was also Pie ease in Knight's case, in the year Id9B, and in that of Loud and Lady Anglesea, in 1700. Upon these precedents be craved to lie beard against the principle of die Bill. Lord LIVERPOOL said, the time for arguing against the principle of the Bill had passed by. Lord FOLEY moved, that COltintel should be beard Nam the principle of the Bill. The question was then put, and it was decided, that if Counsel were now to be heard against the principle of the Bill, they should be confined in then observations in the progress to the facts that should come out in evidence. Mr. BROUGHAM then was ordered to proceed in his observations upon the Bill. His first objection was, that the Bill was a private one, intended to punish an indivi dual. Laws of such a description were es post facto laws, which first permitted the deed to be performed, and then decided the performance of it was a crime ; and further, the very law which declared this act done without notice to be a crime, indicted punislinielit upon an individual who thus ignorantly offended. Laws of this nature always passed in the worst of times. He would pass over the reign of lieuryVlll. for obvious lessons, and call the at tention of their Lordships to Lord ,statford'a case. Here was a ease of impeachment, and hail the present a similar proceeding, it would have 'seen a proceeding of justice, attaindcrs of die wives of Henry the Vlll.were legal Compared with these. He now contended dial there was nothing illegal on the part of her Majesty, who had in deed a right to complain of the mole of proceeding.- - Why did nut her accusers proceed by impeachanent, on gloating in the Continuos ? The charges would then have been I educed to a 'Twit's( shape, and she would bare lied the benefit of the proceeding, which was not the Case" in the present instance, except the impartiality ut their Los dships could give it that character. All the cir cumstances with Which the Queen was concerned in the inquiry were done by her when Princess of Wales, is hen not at all connected unit the Crow is. awl ss lien, thou4li the in lie of the most exulted subject, 11111• eettniAs aginint bar most leave been by Bill of U.vuure prefer red 111 111.1 l loose, upuii petition of her husnaild, who must have come to aiA it unlr clean bands; but they had waited till mat character bad pared away, and Ilie rights of husbaod and wife hind bees switilowed up in those of King and Queen. but lie now avoid Me quest' of reelllllllcialion, as he had been emu sanded to do by Ins illustrious cheat, except under elf. CUIPstiIIICCS of tilimlute necessity. He should defend that e.ient without regard to the conseipietices. It was t" 4 " 1 / of all advocate to attend only to tile soicty of his client. — . How was it he would oak, that io a C 11.,.. of radaticrn course, a hid) occur. red 181$), no such Bill for de g: as thepresent was brought in ? Wars it because that lode men nearly allied to the throne were passed by unpunishe,, it was sutheieut Hint the tougue of slander shout , ' tio against a deserted and wprotecied woman, that he sho ul d ;