The National Register. — London, England, 1820-07-30 00:00:00

. . • . ' • • N *I. 4 ‘24`.2 3mperial Vartiament. P. •• % -01 - HOUSE OF LORDS. dl//N DAY. JULY VI. Commissiox.—The Royal Assent was given by to the Mien Bill, the Irish Insolvent Debtors' Bill, the Royal Family Bill, the King's Servants, the Assessed Taxes Compen sation Bill, the Irish, English, and East India Militia Bills, the Navy and Anny Prize Money Bills, East India Volunteers. Post Horse Duties, Irish Spirit. Intercourse, and several others. The Commissioners were, the Lord Chancellor, the Earl of Shaftesbury , and the Duke of Montrose. At four o'clock, after the house had been cleared of strangers. the Committee appointed to investigate the best mode ofprovidii.g for a full attendance of Peers on the t 7 th of Au g ust proceeded, with the assistance of a distinguished architect, to measure the House, aud obtain information respecting the tlitnensions, &e. Soon after five o'clock the doors were opened. PETITION FllOll THE Qut:EN•--Lurd ERSKINE said lie rose to present a Petition in behalf of her Majesty, which he considered well eilculated to make a strong impression on the reason and justice of that House. The Noble Lord adverted to a former Petition front the Queen requesting a list of the witnes ses to be examined against her, and expressed regret that it had not been complied with. The Petition lie had then to present was addressed to the Lords Spiritual and Temporal in Parlia ment assembled.—" The Queen being informed that the House of Lords had refused her a list of witnesses to be examines requested that a specification of the dates and place, or places, in which the criminal acts were said to be committed, might forth• with be furnished her Majesty's Attorney •General, for if that information were denied, it would be impossible tar her Majesty to meet the accusation, or take preliminary steps for live defence. Her Majesty was further desirous to be heard by Coon: el at their Lordships' Rar."—Lorl Erskine proposed, that the last part of the Petition be complied with first, and mat the Houie should bear Counsel at the liar in support of her Majesty 's applie . ation• He din not presume to say there was an appearanc e of i: jtisticc in the proceedings of the House, but, if Mem should bc statement abroad derogatory to the honour and character of their proceedings, their Lordships should take care they did not afford the slightest ground for such allegations. It was univer. sally known that the Queen was in various parts of the South of Europe, and the charges being limited to six years residence abroad, without naming place or date, it was impossible tier her Majesty to prepare for her defence. If the specification was not furnished the prosecution Mild not go on. After the evidence in support of the Bill closed, the Home must adjourn to enable the Queen to procure the miens of cross.examination. She had nut the means of seeing the witnesses face to lac, and if they went on without giving her fair means of i.efence, they would do an injury to the laws of the land. He had ficant of the public mind being inflamed, but it could not be if their proceedings were free from suspicion. It was impossible he could have any other interest in this question. His only desire was to see their Lord. 'hips give satisfaction to all mankind. If the specification was delivered, the proceeding against her Majesty would be more analogous to the common law. The Noble Lord concluded, by moving that the Illustrious 'Petitioner be heard by Counsel at the Bar. The LORD CHANCELLOR observed, that the Noble and Learned Lond had urged the House to a fair and honourable pilinlidarration of Justice; but it would have given him great witielbedan to hear on what principle of the common law the Noble and Learned Lod supported an application of this kind. If be law my thing tithe law of Parliament, the usages of radioman eassaituted lb* law and it would belfound that the lima had reeentiy refused to grant a similar application. The g i n dawn from the Common law of the country were not aria out the Noble Lord. It appeared to him that a com =with dee Padden would be usemetiesed by any practice to die bey. It ion his duty to sate, that no motives thud dew bile lbw dekeg his day accesikag to the established at justice, sad die law Pediment. P lig aIiaHOLLAND expressed a w h that the Noble and Lamed Lad on the Walla& would point out to the House in what instance a db person accused try s hew of oesamon law had so little informa ti on given slum bane Wok as Ibis 3W of Pains ,bpd Penalties gave the Quass. The lensiss was not to be con • sadered with regard to the _elms of Pediensaus but the justice and consistency of radievmst. Itartai* was *yea to those who felt it was neceurim i ble a dower aportdpettea the charger, to onnini dna Is be beard in su port of the Padden. It wassail dei gragelest the Illustrious Person had been consigned to die Attoraey-Generell but that House knew nothing of the transaction. Tbe Lords ought to know it in the regular way. The Noble Lord wee of opinion the specification of charges aught to be granted. It was clear, unless the Queen knew where the charges were laid, that she must put the country to expence, by sending to every place where she had been for the last six years, and bringing to England a body of witnesses, whose evidence might or might not be required. The Earl of LIVERPOOL admitted that strict analogy ought to give way to the principle of justice; but it was his wish to state shortly in what situation the House was placed. In conse quence of a Report of the Secret Committee. a Bill was brought in by his Majesty's confidential advisers. The Queen carne to the Bar, and required the House to proceed forthwith. The Lords took the question into consideration, and decided that they would answer the call of her Majesty so far as was consistent with justice ; but in a case of this kind it was held proper that they should have the assistance of the Judges, and that an interval must intervene. The second reading of the Bill was fixed for the ilth of August, the earliest day that could be fixed consistent with justice. In use the wish of the Queen to proceed forthwith had been complied with, could the request before the House have been made. His Majesty's Attorney General would have opened the prosecution, and her Majesty would have been called on for her defence. It was said the accusation did not go inn particu. larity, but it ought to be recollected that the actual charge in the preamble of the Bill was not • charge of one act of adultery, but a continued adulterous intercourse. Then it was urged that this was a charge of that generality that it required peculiar indul gence, but how was indulgence to be granted ? The Nellie Lord who brought up the Petition stated+ that the request was analogous with the prooesdlup of the Courts below, but did not appear analogous, 40d hrbid be should deny any fair or rea sonable advantage to the illestrious person, but considering the nature of the proceeding. and do wish of the Queen to proceed forthwith, he saw no she apphcation. Lord KING reminM the noble Earl who had just sat down, that prejudice might be excited against the Queen, and it was but just to give her some compensetion for that prejudice. She only asked to have the places specified where the crime was charged to have been committed. In the proceeding as it stood there was an appearance of injustice. The noble Lord supported the mo tion. Earl BATINIRST objected to the application, on the ground that the House was bound to discharge their duty within the limits prescribed by the Bill. If they were to give a specification of particular places where the act of adultery was charged, they would be confined to those places, and shut out front proof of general misconduct. Tile Queen was to make her defence on the 17th of August, yet it was slid ale rhea have a ILL of witnesses and places specified. Suppose Milan was named, and the date 16;6 _Jul 1819, what advantage could see obtain ? II she really meant to defeud her_eit'au the 17th of August, site -would not have time to in ocure evidence upon thus irtionnation. Lord ERSKINE, in redly, said, ea it was not the intuition of th e mar. tra p, rant his motion, he wished to say no ISM! tree: =NW ~ • „ THE NATIONAL REGISTER. ------- - question, but lie held it to be his duty to address a few words upon the analogy adverted to by the noble and learned Lord. In eases of high treason, nothing mild he more clear than that a man indicted was entitled to know the nature of of his indict ment, but it was not the int •,tion of the noble Lord to draw analogy in cases of local jurisdiction, he only said the I ou..e should bring the proceeding before them as near as possible to the common law. The noble Eatl who la•to addressed the I louse had asked what advantage could the Crt teen draw from the nfonnation required? Iler Majesty was to draw the inference, not that House. Such a question in a Court of Justice would be heard with disgust.—(hear, hear.)--Ile would never hear it said, without protesting against the asootion, that the QICCH could enter into her detence without the means of cross-exainin. ing the witnesses. The Queen had no opportunity of defending herself if she wanted the materials to cross-examine witnesses. The question was then put, and the ! louse divided— Contents, t2—Not Contents, 37. The Queen's Petition was consequently refused by a majoriyr of :.+.5 Peers.—'!'he House adjourned. TUEBi)t Y .IDLY il3. The Royal Assent was givea by Commission to the Capital Felonies' C ommutat ion Bill, the Privately stealing in Shops Bill, the Irish Malt Duties Bill, and several others. The Com. missioneri were, the Lord Chancellor, Earl Bathurst, and the Earl of Shaftesbury. The Insolvent Debtors' Bill was brought up from the Com mons, with the Amendments agreed to. REVOKE OF MC COMMITr FE OF PRECEDENTS. — .The Earl of SHAFTESBURY , as Chairman, presented the Report of the Committee appointed to search for precedents for enforcing the attendance of Lords on proceedings by Bill of Pains and Penalties. The Report being read, stated, sthat Peers absenting themselves after summons, were liable for the first three days of absence to a tine of 1001. per day, and for every subsequent day 501. unless good cause could be shewu for non-attendance. The Committee further reported, that no Peer could be excused from attendance, except from aoe and sickness, of which he is to give notice by letter to the Lord Chancellor, stating the cant: to be the cause of nun-attendance on honour. Tile Comanittce recom mended that a gallery be erected for the accommodation of Peers, and that a platform be raised below the Bar for the accommodation of Counsel. Agents, and Solicitors of the Queen, and others connected with the proceedings. The Earl of SHAFTESBURY then moved. that an humble Address be presented to his Majesty, praying lie would be graciously pleased to give direction Mr such accommodation as the Report recommended being made. The Motion was agreed to.—Tne house then adjourned till to-morrow. WEDNESDAY, JULY 26. The Royal Assent was given by Commission to the Insolvent Debtors' Bill. The Commissioners were the Lord Chancellor, Earl Bathurst, and the Earl of Shaftesbury. Mr. Mason, from the Directors of the East India Company, presented an account of the quantity of teas sold, at the East India Commany's Sales during the last three years. Laid or, the table. On the motion of the Earl of SHAFTESBURY, the House adjourned to Tuesday, the lath of August. HOUSE OF COMMONS. MONDAY, JULY 2i. The House was SOMMOIIed to the House of Peers, to hear the Royal Assent given by Commission tuseveral Pidolic and Private Bills. ADJOURNIELET Or THE House.--Lord CASTLE REAGH gave notice, that he should to-morrow move the adjournment of the House to the 21st of August. Tile QUEEN.—Mr. WETHERALL rose to call the at tention of the House to the substence of a paragraph in a country newspaper, reflecting, in the most insulting manner upon the character of the to item The paper in question was, he believed, called Flyudatt's iffastern Lwnistary. The paragraph to which he alluded insiunated that her Majesty was devoted to Bacchus and Venus. No thing could exceed his horror at reading statements of so atrocious a description. It was generally known that the proceedings were going forward nativist her Majesty in the House of Lords, and to what extent the measures were intended to be carried. If insinuations of this kind were vented against the meanest individual in the coun try, charged with a criminal offence, nothing could be more calculated to operate to the injury of justice. It could not then be denied, that the attempt to prejudice the case of the first subject in the realm, was an offence that should be overlooked.—(Hear, hear !). The publi cation of the paragraph was a gross bleach of the privi leges of Pediment, and an emleavour to pervert the course of justice. Under these circumstances, lie gave notice that he should, on the first day of the meeting of the House after the adjournment, move that the Attor ney-General be instructed to proceed against the Printer and Publisher of Flyulall's Western Luniiiiary.--(Hear, hear!) Mr.TIEttNEY wished to k•iow why the Hononrable and Learned Gentleman could nut give notice fur to- morrow. Mr. WETHERALL then said he was not prepared, as he haul not yet procured a copy of the paper. Dr. LUSIIINGTON said a copy of the paper might be promised today or to-morrow. Mr. WETHERALL then said he should brim; the sub ject under the consideration of the House to.inurrow. A Hew writ was issued fur Maidstone, in the room of Colonel A'Court, who has accepted the Chiltern Hun dreds. The House went into a Committee upon the Irish Stills Regulation Bill. The Report was received, and ordered to he taken into consideration this day three months. The Licensed Still Bill was committed, and the Report ordered to be taken into consideration this day Once months. DUBLIN ELECTION.—Lord DUNCANNON presented a Petition from several Freemen of the City of complaining of the conduct of the Shelllf and Magis trates and police of that city at the late election. It stated, that at the election of a Member of Parliament fur Dublin, the horse police attacked the electors who attended to vote for Mr. Grattan without the slightest provocation, at the Sessions House, and wounded two men in a dangerous manlier; that the military and police (bagged a mau named Williams, who was not acting in breach of the pemze to prison, and that I other electors were also abused and insulted by Sheriff and Magistrates, and that those of the at tending persons were in the interest of Master Ellice, and had acted in violation of the pi inciples of liberty. r ue Petition concluded with expressing a hope that the House would be pleased to enquire into those proceedings. Lord DUNCANNON moved, that the Petition should lie upon Ills table. Mr. BENNETT wished the Petition to be priote. that the House might look ioto its UltfiN to.iiiorrow• Tart retie/011 V 146 ordered to lie on the table. Tile other Orders of tee Day being disposed of, the House adjourned. ♦• • . OK . r 4 %. ' . ‘ . TuusDAY, JULY 25. TILE QUEEN.—Mr. WEL'I!ERALL rose to bring for. %VA: (I his Intended lion opal the subject of tile stintl4l, 4l , libd upon her Majesty. A per , on against wil , nn pro. ceeilings in Parliament, iii the Atape of Pains and Penal. ties were peuding, should be secured from all libellous atiaek.:, and it was a criminal offence to violate this prin t tote. Therg was no case in the records of Parliament iii winch ;wilding proceedings of a judicial nature lived and sinular plutection was not afforded by Parliament to the individual construed, to the protection alt o by the Civil Law. It was eatural for him to view with disgust the paragraph in Fvidall's IV:stens Lumhary, and after much reflection he deemed it a breach of the privileges I the House. Tile House wad remember that they addressed the Cloven in the most respectful manlier; iu fact, iu such a manner as to mailer it impossible to slip. pose that they conceived her Majesty capable of conduct of a culpable nature. The Hon. Gentleman then eon tit d into a history of the proceedings with resrect to the Quit in both Ifuuscs of Parliament, and staled, that on the table of the Lords there was an Imptiry which would probably be by and by before the public. It was th e . - duty of this House, then, to extend its protection to Am individual who was the unfortunate subject of that In quiry. Would they permit the Queen, who was thus 141.. fore Parliament, to be rail down? No ; it would be a repudiation of the proceedings of the House atilt a grits% ac. of injustice. Indeed the case of the Marquis tit Staf ford was in 'Mint, and skewed the necessity of preserving the dignity of the House ; for public clamour at that period influenced Members to vote against their feelings. 'the Him. Gentleman then stated, that it was not necessary to prove die fact of mischief from publications of this kind ; it was the speculation, the intention, and the potentiality that constituted the evil in C4SCft tit this kind. 'flue House should bold botot e ti,at individual the shield of the Con slittitioa. If it wire s taled that it W Maid be improper foi. this House to interfere—if the attack were not treated as a breach of privileges, he would say that it was a violation of the COIIIIIIOII law of England. Lord Elleilborough had held in one case, tliat to call a person criminal betore trial was a must gross offenee.—But Flyndall said more, and iu language which anticipated guilt without the possibility of doubt. the course otlaw was nut left to decide upon guilt but the writer convicted. This case more loudly called for reprobation limn any other, fur it involved t breach a eves y feeling or Christianity. Criminality and punishment wore settled by the wilier, and in terms of the most repulsive description ; and that writer must be dealt with according to law.—lle (Mr. Wetherall) should On ow it upon the House to act for itself in a case where the Queen was recouunentleil to be whipped ; and the House could not refuse to the highest subject in the State what, from every principle of justice, hail been granted to one of the lowest. He then moved that the Attorney-General be instructed to proceed against the printer of Elipulate Western I.uminary fur a breach of privilege. After an observation from the Speaker, Mr. Weatherall then mead the words, stating that the Queen was devoted to Veneta and Bacchus, and said that the sentence was the breach of privilege of which he complained. The Clerk having read the whole article, which was stupid as well as malignant, Mr. Wetherell altered the terms of his motion, and moved a Resolution that the Paper, under such circumstances, was a breach of the privileges of the House. Lord CASTLEREAGH agreed in lamenting the ex. ceases of the press, which operated in raising the vilest and most angry passions. Nobody more strongly con demned than lie did such practices.—He felt no hesitation in saying, that lie acquiesced in the sentiments delivered by the Hon. Gentleman who had spoken. The only ques tion was, as to the manner of proceeding. Now he be. Ileved that the article iu question had come under the notice of the Attorney-General befote it was mentioned iu the Ifouse.—(Hear.)—There were means of punishing publications of this kind iu another manner than by call ing the attention of Parliament to them, and those should be resorted to. But it would have been at least just in the Hon. Gentleman to consider those libels on the other side, which were oldie most disgusting nature, and which would not have been tolerated in any other civilized country. There were, in fact, libels of a worse and more dangerous nature. His Lordship then said, lie held in his hand the last number of the Examiner, and read seve ral sentences; in one of which the writer taxed the greater number of Members in that House with being criminals. Hu (Lord Castlereagh) should have no objecti to tle& prosecution oldie publication alheled to, but he should certainly miler a prosecution of those ;tape's he had n rad, aid sweeping proceedings should be 141,1:toted. Doctor LUSHINGFON said, he had nut thought it ie. eimiltent upon him to submit any motion with respect to the paper, 'WWI considering that it had but a slight and obscure eticalation, and the notice of it would probably be unworthy' the dignity of the Queen. On a former occasion the ilutubig Post and the Cuarire were sulfured, under the nose of Govt.' maul, to libel the Queen in the most vile atelier, and very little attention was paid to the complaint. Those papers were permitted to pass, and lie thought it beat to let this obscure publication die in its own übseurit). flow was tier Majesty treated? blioistets had already, without investigatioa, without calliug the accused tot wand, fixed a slam upon her. They had already inflamed the public that her Majesty was guilty, by temoving her name from the Liturgy. 'the Learned Gentleman then declared that he looked upon any restriction upon the public press as st mischievous. lie deprecated the excesses of the int ss, at the state time that lie thought ins Majesty's Attorney-General. The Queen Mated it better to leave the choice of eases to much to complain of from the efforts of those writers who were in the interests of Government. He assured the House that the Queen would not read one publication pending the proceedings.—Cases of this kind might not to be entered upon without being very strong indeed, and then the Government would be sure tit nut being exposed to a verdict opposite to their expectations.— (Hear, hear.) The ATTORNEY-GENERAL said, that no infoima tion could be filed against publishers of libels until next. Term. He had given his attention to the inntinielable, cases of libel which had been presented to his view in ti course of the present Session, and should (upon the prol , L► occasion prove that he was sincere in what lie stated. I n mot instance in which he had instituted prusecutit»; , verdicts were gained, and he should be guided by l tu t role, never to prosecute except - .you the cow/lemur: ta . s . ./ 4.e1t1 obtain a .'erdier, al least (ns' 7 i!ifnl!dl des it. The Ltarrovi Gentleman (I)m. Litstungton) acted itr faitly, for be Nas raraising i the HOWE; An