The National Register. — London, England, 1820-11-13 00:00:00

The LORD CHANCELLOR.-1 apprehend that, ac cording to the ordinary coin se of proceeding. arter the sceniid reading of 4 Bill of obis iiriiiie, she sill' who is she objert of the li It has a rigat to be pei.on •:•v heard. It is, there•.fore. for your Lorilsittps to whether this Protest is to be received as Cie Address of the as sticli, I conceive that it may be received, hat that as Protest it cannot. Lord DA CitE.—My Lords, I em aware of the dirictilty pointed out by the Learned and Noble LIM on tho Wool sack ; but as it is admitted that her Majesty may be• heard personally, your Lordship., I am sure, would not wish to press on a person of her exalted rank and situation, the necessity of addressing your Lordships, but that, iu some form, the l'rotest of her Majesty will be admitted. The Earl of LIVERPOOL thought, as this might be the moat convenient mode ot• her Majesty expressing her sentiment., there could be no usjeclions to receiving it ; and, to prevent its being into a precedent, sonic entry on the Journals, stating it to be a specialcase, might he made. . . Tire LORD CHANCELLOR deemed it is dirty to state to the Huitse,that the only way in which he coireeived the Protest could be admitted, was, not as a Protest, but as a representation from her Majesty, instead of a persoisal Adds ese. Lord L tUDERDALE begged to know from their Lord ships, whether, censidering the coatext, teat Address would have been received in tee House as part of a speech without interruption ? %Vas it pos- ible that their Lord ships would permit themselves to be thus slandered ? lie begged and isuplered their Lirdships to recollect their own dignity; and, while they wet e iterinitting any stet e mein to go upon their jerirtiels, to lake care that it should not convey any engem upon their owe character. ( Hear.) The Duke of leir; r% CASTLE rose. He had, lie said heard some observations, intimating, that by Nis ex yeast facto law, some of their Lurdshipe, who had been met voidable absent, were to be deprived of their most valua ble privilege, that of voting. Now lie was determined to maintain all his privileges, and he should do his duty coo• scientiously, withoet tear of consequcnaes. Earl GREY said, the ipreetion belOre the House was whether their Lot ilehips should or should not receive the Paper presented to them--ee question which liad uutning to de with the Noble Lord's seutimeats of the Lill.— ( Hear, hear.) Lord CA RNARVON said, the case was of such a nature, that the absence of any Noble Lard for is aingle hour might bays beets of great importance. Mitch, however, its such circumstances as these under which the Queen laboured, must be left to the discretion of their Lordships. He was aware that the language of the Paper was, strictly speaking, objectionable, but great aliowance should be made for the painful sitnation id which her Majesty was placed ; and he trusted that the greatest latitude would be given. He should certainly have been much better pleased if her Majesty had said, their Lordships had runts to a cousideration of her case under circumstances which rendered it impossible that their minds should not be biassed, (Hear, hear.) He, at the same time, must de clare, that if he had been on the Committee, lie should out entertain a thought of voting, convinced, as lie was, such was human infirmity, he could not but be an inadequate judge—(Hear.)—Had lie been Couueel for her hlajeele, he would not have advised her to subunit any more appeals to the House; shad could not help expressing his surprise at the fact that alpine Noble Lords thought themselves at liberty to come to a &Clout/ about the guilt or innocence of the garret, and et the same time to trample under their feet the mast vital principles of justice !—( tear, hear ) cots demised the conduct of the Noble Duke (New castle), w ho said that an es post facto law had been made ttlp,evelit him voting. Uua.'custoined to the terms of law, the .No:ite Duke had, in the auxiorie discharge of his duty, trenched op e n th e mist obvious principles of justice. Why, asked his Lordship, had the Noble Earl typovite moved, at tit.• coin saeueeineut of this procterline, that the House should be called over ? Why was it that ins Peer was allowed to vote by proxy ? Was it not because no Peer was entitled to vote who did not personally rowed the investieatiou of the case. When the Noble Duke claimed the right of voting without hearing Elie defeece, he was, in fie!, claiming to vote by proxy; it was to all lunette mid ;Imposes the same Oleg. lie remleered welt the word, of the Noble Earl opposite (Lord Liverpool); alum ire snored the tall at the House, he had *aid, nto.,t empha tically, that he trusted no Noble Lord would presume to give a vote on the case alio did not hear the whole of the evidelice.—(Hear.) The Noble Lord ors the woolsack, too, had assellied to the principle, though lie had some what quelified; lie had said, that if he were to be two or three 'ley' absent during the proceedings, lie sliutifl not consider himself ju►tified in vernier ou the hear). But did either of these N elite Lords ever con template that any Noble Peer who should be ahee•ut, 1101 days, but weeks, wise should not hear tae word of the detenee, should come down and say, teat lie Was NA only reedy to vote for the Hid, hat for the severest perseltiee which tt ceateined.—(Loud cheeri). ? le thought that consider. lag every thing, this was a Case in wleeli the House could not eta; too much, front any tenet rules of practice, in favour of the itaAlsed party. lie saw nothing so intaneet in the Protest, as shouid prevent its being metre!. The convents of it, as far as respected nutter of feet, were strictly true; they were e•uch as all their Lordships, as the whole country, must reel the torso et; he v aired to Gorr they could sours be forgotten ; fur, white remembered the judieed character of their LuMsiiies would never again occupy that high &matron which it had heretotim; Lord DONOUGH MORE had the same feeling en the subject with the Null.. and Ladnea Lord on the ‘Vuolsacit. Atter all, there was nutting new in the ~nicest; the only new ground of objection was that some of their Loraships had absented them• roves during the defeace, and that of coat- e was an objection which must have arisen at the commencement ot dim proceedings. Earl GREY thought that the mischiefs threatened by this proceeding, v.cre now beyond all hope ot rented). li compelled to attend he would ; bue he did not feel disposed to take end further part it, these proceedings, except by giving a Sile;i/ lie considered the ob j ection particularly' strung winelt respected those Noble Lords who had Ciought it cutiustent with their honour and duty, and heal ieconciled it to Moir consciences, after )tearing the Lenience fo, the pua( talon, and nut one syllable of the net, nce—( lear, hear)—to give their votes on a quostion of this momentous nature. He had no right to fined Lath with tlic.e Noble Lords. The} ouna answer to liod arid to hair tnia..:antas tur the vote they had given. The Ite.ohnion of the laird Chatcellor, u, aon•lidtsl by Lord Lauderdale, that the intrie.a ot her Alajesty be teceived, was then pat and carried wunout a thva:tm. On use Order of the Day hying read for the llmtsc fe)olwing itseh .ato a Lon, re, The b.art ot bAithLLY sod, he would not lon4 detain their %, THE NATIONAL REGISTER Lordships, but assistant hinasslf at prmient with protesting against chi:, mite had done against every stage of the proceeding. lie (Lord Darnley) had understood, both iroan the Noble 1. -rd on the %Voolsack and the Noble Maui oppodteAliverpool), that their Lordships should unclad proceedings de die ha rli,•in, unless ptevented by sicknes,; and that if ally Peer was al Went dariog an important pa t of the trial. he should not be entitle I to vote; and yet a Noble Lord had voted against the queen who had not heard her defence. The Noble Earl eaucladed by &cluing, that he ;mall taa.... thi, opportunity, and every opportunity, of giving every opdaiition to the Bill. Arta a few words front Lord Sheffield, the House resolved itstlf into a Committee. ..... • ......... The Earl it SHAFTESBUII Y . (the Chairman) putting the question whether the discussion on the preamble should be post lamed ? the Earl of LIVERPOOL would now read the preamble, and state such alterations as he dceintxl nisiessary; the first was, the name of the individual who was so conspicuous in these proceed ings which he wished to be altered to " Bartolomeo Bergaini," nstond of liartholoilio Perganii. Ile would also move that the word, of the preamble, charging the queen with having " ob• tamed for hint orders of Kinghthoeil, and titles of honour," should ba struck out—not that he had any doubt of the fact, but it had been proved in evidence. Ile would now coma to a not material on of the preamble, which stated, that " while her Royal had the said Bartolomeo Bergatni in her service, she, unmindful of her exalted birth and station, and rowardless of her own honour, conducted herself towaids Bergatai, in the various places and countries where her (loyal Highness visited. with indecent and ofE.nsive familiarity and freedom." He would move that the word " the" should be struck out, and that it should stand, "in various places and countries." Thesewere the only alaerations to deemed neceisary, and he would afterwards have oecaiinn to state, that the preamble had been fully proved, Lord ERSKINE said, their Lordships were, is his opiniou, going to strike out the only part of the preamble that was true. lie (Lord ErslcMc) did not Lelie-e that the de e :oiling intercouse with which the Queen was charged had licen proved. Lord ELLEN BOROUGi I moved that the words " adulterous intercourse" should be omitted, as it would be injustice to the King to let it stand on the Journals that her Majesty had been degraded for aoluite.oul intercourse, arid still that she was not divorced. lie had no idea that the Bill would pass into a law. Lord II AR ROWDY supported the words. Lord ERSKINE observed, that time Noble Earl had oe , sitted some things which were trite, and certainly he might comicat to the ontission of those which were ftise. Ile considered the Pro- test of her Majesty confirmatory cv.dence of her innocence; but if' their Lordships were de:ermined to think her otherwise, how could they deny she had been guilty of an adulterous intercourse and refuse to divorce her ft—(llear, hear). 'rite preamble was then carried, cal the House ;Roo-ceded to discuss the Claus's. Tut: Dr VORCE CLAUSE.—This clause having been read, The Archbishop of YORK rose. He knew, lie said, of no expediency that could justify any thing of this sort.— Marriage was not it civil contract, but a sacred ordinance of reli gion, and he looked to the word of God as his guide in forming an opinion upon this case. He C3Ol not therefore vote for the. divorce. And ykt, if the House were to pass the Bill without the divorce, the monstrous spectacle would be exhibited of 4 King having fit his wife a degraded woman !—There wai no possibi. bility of avoiding this txtmtity, withodt throwing oat the Bill altogether.—(Loud crie° Of hear, haat.. hear.)—lt had been said that regard for public moral:, ant'. the intcre,ts of religioa, re quired the Bill should pass. Much mare would the public morals, and the interests of religion have been served, if the had never theca spoken of—(llear, hear, hear.)—Those nauseous publican (ions would not It ive got into private society. It would bc gra tifying to all goo t men to hear tnat the measure was wally abandoned ; but it would be gratifying to the enemies of order to hear that it as: persevered in. lie concluded by praying to xl that he mi; it not have to deprecate the continuance of ths Bill far the rest o 'his life. The Bish ui of CHESTER said, he believed the Queen to be guilty; but ha had voted for the second reading of the Bill, upon the understanding that the Divorce Clause. was to be laid aside, 5p Hcshuuld vote ?'a u' that Clause, as he judged as he would wish to I. , ejud . The Arehbi of C.\ NTEIt BURY considered the charge of adultery establishisi against her Majesty, and, under that con vietion, he had no o ijectiun of uny disruption, least of all of a religious nature, to the Bill prozeeding in the form in which i now stood. The Bishop of IVORCKS'rER admitted that the question of the divorce was not without some dilficulty; but, considering how much the motels of the country were concerned in the !Nue of this proceeding, he frit bound to give his support to the/fill. The Bishop of LLANDAFF thouglit the Divorce clause should be retained. He did not sot: any force in the objection made to it on a religious ground ; fur he k ICIV of nothing in the C tristia t religion against a dissolution of marriage for adultery. The Bishop of LONDON a 4 ;reed with his Right Reverend Brother (the Archbishop of Canterbury,) thot Divoices wers authorised by the words of our Saviour. As to any objection to the divorce clause of the Bib, founded on the supposed conduct of the complaining party, he thought it quite inapplicable. /Sigmas consjotutional I rincipie was involved in the present case. The King • 6 could do no wrung;" he could not mount a folly, far less a crone; and thereline, recrimination was out in' Inc tion.-01,or, heat,) Laid I .AI; DK It Ll.Dg. with due submission to the opinions which hail filled [fort the Reverend Bench of Bishops. thought Mitt il.e 1!••use ought nut to agree to the divorce clause. Ile agree , : with wnat hal been so ably urged tut the subject by the subject by the Learned Doctor who had spoken for t;ie defence. (Dr. Lusnington,) that the law of marriage was the sante with regard to the highest us to the lowest subject of the realm. if tier Majesty sliouhl vii. she to sue for divorce, the applieotion ought to he tress on the:woe prir eilde as the suit of any ordinary individual would be tried. ' Inc Rev. Prelate wl.o spoke lost, seemed to think, that if adultery was proved the divorce clause might be pites,al, because nu facts hail been proved against vie husband. The divorce clatiseo7pemed to h int to be inconsistent. Tile grounds on which he had vino' the measures weie, that the que,.a was foetid guilty vicrinies which rendered her unfit to he set toe head of the tintales of this country. But Coe cornl tt ei of the King mishit he such as not to entitle him to a divorce. Lord 1)All N I.K f mottling that had fallen fitful the Rev Bench of itishoT, had any intktenee on hi .- mind. A Reverent: Prelate had . were WUJ nothing in the whole Scripture to prevent divorce; but Scripture says, 6* He that puttetli away iii., wife, 6-IVC for wrote: atom causeth he: to commit adultery. He appealed to the 11,ase, if the ‘l.tesii was put away by her husband, and not fur Me crime of iorniveion, dial he !not cause her to commit / And if sh, and he came for a divorce, bow, then, could their Lortkilips grant it ? lle lilt that their lairdships could pro., won or without the di vorce clv Lord DONOUGIIMOIII , , war surprised th,it the Noble Lord (Laudath.le) had ri,cn to °pet.; ti;.: divun;,, clause. 11e could not tail to olyervo, that dirt_rence of cpinion existed onto* the Her. lieneli of Ilishops; but the greater number of them were urriniotou , . Tito Noose hal ambit ,11 that Ow Qui:, a A 45 not tit to he the Quecii tor,iert, and their Lordship:, owed it to the coun try, and to tae women of the truntry, should nut coo. mow the wife of tire Kim:. The Rl.lrnp of Cllt. fI;H sxid , no ronrie.eration wh.itever would ir.du.•e ,;:n. to la., the Bill y. ni. the tlivt•rc: Lord It urz wi tit A3l was in cbery rebpeet ik,tainst tile nett .tan. lit cApresacti hr. stop tz.e .hat Lie [louse m0.,,i1,1 entertain toe idea of a divorce, when it owd not b:en apphod for by either raty.--••oHcar. hear.) s. , sd 3 Lord LIVRAPOOL said. that as he had observed before, he wai. ready to give up the chtuis relating to the divorce. it the House thought it advisable to abandon that part of the tneasuie. The LOBE) CHANCEI.I.OIt said, that if some clause were not introduced which woutd mou etfxtually separate the parties. the Queen would he by the Bill, without the divorce, bound more ehavly to his ,I:•..j,lsty. Lord DUNCAN said, cite proceedings in that House were grounded on a con:piracy...J. Hear, hear! Order 1 Order I) He could lay !do hand on his heart, and fearlessly say, be Goa, that he believed her Alejesti not guilty. The Earl of t 4 HANTRSBIIIBY, the Chairman, then reported prognas, and asked leave to sit again to-morrow.—Adiourued. ithdt %lAJI.SrV. WILIJNESDA Y. NOV. 8. The House resumed proceedioge 016 m )ining at ten o'clock. Lori Beretford (recent?) t 'turned from Portugal) took the oaths. Among the absentees from diners were Lords Roes, the Earl of pariiiigton, aial the Marquis of Hertford. After application had beau made by several Peers for per mission to sign the protest 4K4Olist the Bill, which ought to !lava been dune yesterday, the House resolved With into a Committee. AThe tchhishop of TU4III, the Bishops of Peterhorouzli hod Chester, each opposed the throrco clause. Lord RI:0E7;1)Al t... ciroodered the marriage contract rattier as a religious vow than at it civil contract, and there fore that it could not Ire diss.ils ed. Bit was a coutract, it might be dissolved by mutual ronsent of the parties. After a few retnnrks from leo •Is lusou, Carnarvon, W.. Icy, Ellennorou ,h, &c. the Bosse resolved itself tour a Coin ouittec on the Hilt. Alrhbish p of 'f IJAM.—" My birdi e it is whit the M. most pain that 1 oiler myself to the notice of your Lordships. which I slio.dd out have done, had it not been for the very direct manner in 'which the body, of which I forma part. were called ii; by the Noble and Leartieil Lard u iso spo'ivis last yesterday. My leorcia, I will refer you the /Ind vet.• of the btu chapter of tae Gospel 10 SI. %I Ai they My mind has long been made tip a, vote rigiiiiist the divarce clause from that very verse, but if I can slime , lint the illustrious lady whose conduct has been so lung under sideration had heel' put away by her htishand, if I al.) their (ruin the holy script:lre' u sideman detifiticial ion from the law :labial such putting :sway, then shall I show sufficient ground to induce me to vote againq the divorce clatest which would release the Kin; (ruin his marriage contract. and leave him at liberty to marry again. Tnat arch a put ting away of the wife did take place is abundantly evident front the lett. r of the husband, w winch alone I wilted beg leave to refer. The denunciation to which I have allude•! to is 1:1 the Fe( wad chapter of the Proalsel MaliliChl.lllllleil fur literally puttifig away 4i wife, she face of the Lord was turned away from the people. ati:l he regarded of their otli•rimgs. The temple restitioded with. ll h • lartlelltalleflS of the women ; ail the Prophet established his cheree against them us crying sou, by reminding them of the first isenttliti of marriage. Tne of Israel bath said, " lie hateth a‘l pawn:: away ;" My Lord:, I stand here a most unwilling judge in this cause, and l will es:Welly confess to your L•ard ships, that muffing, but (twee and tbe heavy penalties whirl& your Lordships have atlas bed to absence, would have tune. inc Iu attend this distressing investigation. 1 have voted fur the second readiug of th u s Bill, becau•e MO 011ie: measure was before the !louse, in which I could declare Ih it a clear, satisfactory, HMI irresistible case had btett made nut o► the guilt of the Queen. But as to this divorce clause, my Lords, I can nese' reconcile myself to give it my sanction mutt if it roes out of this Cumtnittee as part of the Bill, I cannot give it my further support; fur I would rather have the conduct of the Queen to miss utinuticed, than that it divorce should be added to her degradation. The Bishop of PE fERBOIttII/GII and never in his life entered into the examination of any question wile inure anxiety than he had as to whether the divorce clause should stand part of the bill. lie was ail i t hat it ►houlit Au omitted, although he hail no doubt of the legality of the clause. The ul.retiuus acre principally tit it religions nature; but marriage will a civil its well as a religious cui tract ; and lie thought these civil right; mieht be soviienileil. Ile was out sufficiently acquainted ii ith loin. of law t o sus ,. gest such a clause in a specific form, hut as the Noble Lord at the head of the Treasury had alluded to s•nnethiag of the Lime sort yesterday, lie would leave it in his hands. 'file Archbishop of V (IRK said, is.. an advocate for the sanctity of the man sage contract, and the reciprocal obli gations which result, d from that union, he could not recum t•ile to his cunscience, wider all the circumstances of the present case, to vote lot the divorce clause. Lord IiDLSOA LE was II( Opill.llll OM the t:ivtitee should lie ietaun•d, us its operatiou a unaided to the legit mutton of childreo. If the clause was given up, he would be glad to know what was to be substituted, which ii uutil not have the elG•et of• a divorce, however it might he lianwil? fhr 1.01t1) CIIASCLILLOR said, iii coejant his Noble Ft lend ( Lord Liverpoel), he add pleiseed, himself slut to loess the clause, if there h. e'll.ed w br a lop, ession against it la Wt' 11. m... If Nett Loldbilip•sligiolti litiok inover 11/ 1.0411 t ihr divorce clause , 4.101114er t'llat 11110.il l' , ll LI!" limit 1 4: I 11::441.11, l'1 • a stmt.:it teadency, ise the parties would Le bound - e closely taw:titer (ism ever. he Mar'quisufL.ANSUU%VNE putt-iota the re ri•Ailitior. of ;toy pt which lictinated a SS 1.111411 In e.ita as the A Ile sie the hoi.g vt.thout Leto& the consort ni the se.6o.—(lleac, heat, heat, hyar !)--114: felt the obj,rl matte li) wax of liar Eettrited Ptelalet, hut 1W coma., ~sot shut ;us tb to the great Slate objections to toeir inv. of tilt' question. stilt r haven,; &wow till, that such a tood.• eel priecretling Wll3 due lu the king and the t,:ouoirv,he I,e.g,:f their Lordships ho cuusidrr 21 ..le 6111.1 11 1011 yeciiii in tile eveci 4/1 . 1011111 me elalleWt Her Nlelitt•ly "obi he strip ped at .all th.• antage, derivable front In r I . ll.trttlit'r ae silitiect to all the disalolittcs to whit b the Hal rehired, And tit the battle too- he expowel to the authority of a husband, a hile slur tvi., di). iv( d 01 an kar. lelt it Itiiitltity to declare, tit" 1011.14). 11 ( 1 1 01. dim .e ii.lierent to lite 11.11, told of toTe,a.ary 1 . e thall late 111011allte must pass as it ,t Ila .n.o, 01 he 1 1 tl•t - 41 to the 'ilia oductitot of 'swatter of 'how at...alms A 1111 ti loch it air. ad, . ~,,,, (dine, Laud (: mid, he felt istsiescl , . 171 a shoat i•in of r nth r ..tut toy kind uptia toe tp , ,aalott, mot the ilou • i , 111 111 S Slew, fully pal Iscspattal us it., 1,1,11 1.. t.,41 64.1144' 1i 10101 • 11, 4 10 lite 40e•ltutt as It gt ~shored 11it.144.4" and lit!` he taahl hat 11..74i, as : . laul 10 , .uu. , s asdavn red to) wpm Is which 114,1 elle& le. u 4 hum Mare. Wt.: 11.. a ntsy tit Ili,- taveti. He cutarsse.l 111,1 hr 1144 idle ti Cak Dew. IA 41r111.1 .1 1 5011 IttllNe reptorls. Waked it *AS list h u e to h , sve door 011.,-rs. U. ; 11,1,41 Inn period et ..• le 11 c 121121 %added, it was % 1 10.. it s'a Ity of ign• greeigeHt ioditcrocies, 11111 us K .',but sib otlitripeisous ; that •r .14410... , at !Sta. rA • A hdd At eu ;jig/ 00,00111.01. , ;1 • 1*.;11 ... p.a..e. 'l._ ,~.