The National Register. — London, England, 1820-08-20 00:00:00

744PiaMM. Tsitykriat 77:1Varliamtut 1 . , itotisi.Nßl.tg " Tl:EsittY, ACla'sT The House met this day amending to adjournment, and the doors were opened at half-past three o'clock. From the proceedings it will appear there is no reason to sup pose the Lords will not go on with the measure against her Majesty. After prayera, dining which strangers were, as nmal, excluded, the Duke of Leisister, the Earl of Farnham, Liird Dimilas, and the Earl of Guildford, took the Oath and their seine. Dr. Leshincion, Mr. Denman, and Mr. Brougham, her Majesty's Cminsel, had co 11111 l nnicetion with Sir T. 'Ey r- Whitt, respecting the proceedings against the Queen, awl the swearing of witnesses in stepsons of the Bill. Anuness OF CON DoLENCE.—The Earl of LIVERPOOL called the attention of the Lords to the lamented death of the late Duchess of York, and moved an adds ass of Con dolence to his Majesty on that inelanenoly event. The motion was agreed to, and the Address metered to be de livered by the Lords with white staves. The Earl of LIVERPOOL then moved a Message of Condolence he sent to his Royal Highness the Duke of Yos k .—Tlic motion was agreed to. Pitill'EFAHN•s AGAINST THE QUEEN.—TIie Dnke of LEINS'fEIt ruse to advert to the measure now pending against her Majesty, and expressed his regret that bitch Preeefaiinrs had been adopted. Parliament had a most difficult and anilines fluty to discharge ; yet be Wa' Per' seeded the honour and elia sector of that Iffiest: would net er suffi r in the estimation. The proceeding by I :ill of Pains and Penal:lea was, in the opinion of the Noble Duke, so objectionable. that he declared Isis inten tion to 11111 , 11 , e it in all its stares• ItEPDier OF THE CoMMITTFE or PRECEDENT(.—The Earl of SIIA vrEsisuttv, as Chi:Seinen of the Coutimitioe appoiinsil to search for Precedent', read to iho ilouse second Report suede by that Committee, eoutaining Iteso bilious for preserving order daring tile proceedings against the Queen. The first Resolution was, that nl. -_nr.ehrs and carriages be kept clear of the avenues fretting to the liouse of Lords, from Mee in the nsurning to sia in the evening. Secondly, That the Deputy Steward of Westminster and the Magistrates, do take care to provide constables sufficient to prevent any obstruction in the aveutess lead ing to the Hence of Londe; and thirdly, that rat Address be presented to his Majesty, praying he will b. , pleased to give directions that the Guards do attend the House as in cases Of impeachment. The Eirl of SHAFTESBURY finally moved, their L ird-hips shonld agree to the said RI soliitionse Che motion was consequently agreed to, and the House Adjuutlied. WEDNESDAY, AVG. 16. Several Lords took the oaths ae.l their seats. On the motion of Lord KING, a list of witnesses to b. examined on behalf of the Queen was ordered to be laid before the House. REPORT (IF THE (7031MITTEE OF PRECEDENTS.—The Ear; of SHAFTESBURY read another Report made by the Committee appointed to search for Precedents. The Committee en this occasion recommended Ilse arrange ments necessary to prevent the House being in a crowded state. First, it was the opinion of the said Committee, that no Lord shall give snore drew one order, on any day during the proceedings on the Pains and Penalties Bill, and that tho same be signed, sealed, and dated the day on which it is given. Tore settee below the Bar admitting only a limited num ber of persons, it is advisable the Lords restrict their orders. Archbishops, Dukes, Nlargeissea, 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 days. The Earl of SHAVEESBURY having read the above, moved the House do agree to the resolutions. The report was agreed to. The Marquis of LANSDOWNE presented a Petition front the Merchants trading in foreign timber, praying for relief, under difficulties occasioned by excessive tax ation. aro the existine regulations in the timber trade.— The Petition was read, and laid on the table. RUssia DECLAIIATIoN, &C.—Lord HOLLAND gave notice of his intention to ask his Majesty's Government for some information on the subject of communications between this Government and Russia, with referwee to the Government of Spain. His inquiry would arise out at the Russian Memorial and Declaration, which asserted principles likely to involve all Europe i t war, and destroy the happiness of every Government. It would be satis faction to find the execrable principle to which he alluded discountenanced by the Noble Earl. He should not allow many days to elapse helot e he brought the subject again to the notice of his Majesty's Ministers. The Earl of LIVERPOOL said, lie should be ready alien the Noble Lord proposed his questions to give Isles the fullest explanation. He could also say, on that ores. sion, there was nothing between this twenty and Russia that could furnish ally ground fur supposing there was ' the least pretence for hostility between this Conlitly and Spain. CALL OF 'THE tfuLsE.—On the motion of the Lord Chancellor, the House was (named to be calls(' over to. Morrow morning at ten o'clock, after which the Lords will proceed with Hit charges against his Majesty, THURSDAY. ALGLST 17. THE QUEEN'S TRIAL. The floors of the House were opened at nine o'clock. Sir Thomas Ty w hitt, Usher of the Black Rod, very politely gave directions for hilmittin; this gentlemen con nected with the Pa e•s betine any other pet sous- 'flue consequence of which was, that tilt y were enabled to einem a statiou the oust conveLient for their labours which the space below the liar allowed, eeitig in one of the divisions intineihately bridal; float laid out for t h e wit nesses uteri she Counsel. lint Peers immediately began to taks their ,rats aithin the bar, and several of the leading Cou...iontra (ainong thesis were Mr. Tiro nty, Mr. Cetera ft. mid Mr. Gienf..l9 took up stations between that and the Ti.ione. At tweaty-tive • mks Wore ten o'clock, the Lord Chancellor (Meted the 'loose., The MAIN, of Llandati immediately read preyers. The hat s..r: of the H o ", became a senile of unuseal boat le ieel fulness of attecdeoce seeming to eause ffifficelty in the THE NATIONAL REGISTER. propriation of seats. Three JitileAs I,t . the King's Bench (the Chief Ntstice, and Jilyiees lie and Plolroyil) took sjheir seats on,lbe WoolsaeZ. !town Bit:hack am? Cdr. ?ow Videsed soon after tmil trek seats beside them. They were afterwards joined by „ode Dallas. By ten o'cloek the House was tilled, and the attendance of Peers COall • Mr. Cooper, Clerk of the House, read the order for calling over the House. The 113113 CS were immediately eall , it over. The Lord Chancellor di livered apologies which lie had received from several Peers. The LORD CHANCELLOR read a letter from the Duke of Sll/1401, praying the House to excuse him, on de c.onit of con•anguinity. Tim Duke 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 uAtnes 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 obeisance. Her Majesty took her scat in a chair prepared for her, beside the steps of the throne. Her Majesty was dressed in mourning, with white veil thrown over her head, which covered her Mist. Lord A. Hamilton attended her Majesty, ou coining in, and took his stand behind her chair. The noise of the shouts which first announced her approach continued with rather increased force for some time after her Majesty's entrance. Lord ERSKINE presented the Petition of the Common Council of the City of London against the Bill of Pains and Penalties against the. Queen. The Coke of LEINSTER presented a similar Petition from the Freeholders of Middlesex, but as it was signed by Sheriff Parkino on behalf of the meeting, it was iced only as his Petition. '!'lie Marquis of LANSDOWN was of opinion, that the names of the Peers should be called through before the !louse ondertook to consider Petitions or any other bu siness, Lord Glerawley not answering to his name, he was stated by Luid Liverpool to be above age. A short discussion took plare upon the necessity of coin rlyiiig with the rules of t h e Home, by sending notice of the excuses to the Lord Ciancellor. It was determined that the fact of indisposition Or superior age being known to any other Peer, might he good grounds for a motion. — Lord Glerawley was accordingly excused on the motion of the Earl of Liverpool. The Duke of HAMILTON moved that the:Doke of Sus sex should be excused, fur the reasons given in his Royal Highness'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 PUNS AND PENALTIES. The Earl of LIVERPOOL moved the Order of the Day for tl.e Freund reading. !ie Doke of LEINSTER moved an amendment, that (Mier should be rescinded. The House divided— Contents Non-contents Majority against the Amendment . When strangers were ie-admitted, the House was in debate on the motion for calling in Counsel. The Earl of CARNARWON was of opinion that it would be iiiconsistent with public interest, and incompatible with the honour of their Lordships' House, to proceed fur ther by culling in Counsel. The of to the Bill were so general and so strong, that he could scarcely make up his mind to voting upon it at all but if compelled SO to to, he would certainly vote against it. Was it passible to LrGevc that Such a measure was necessary for the interests of the country? Was it to be supposed that the country w.is threatened with any danger by their Lordships cleelintog to pursue it ? lie objected to Bills of Pains anal Penalties on more general grounds. They were a mode of legislating, CS poi? facto (it was said) in cases where the parties could not be made amenable to the ordinary administration of justice —as in ca-es where there was obvii usly ground for u cri • 11111131 charge, but such a defect of evidetice as Would prevent conviction before the coinuuia tribunals. He protested against such a principle of justice, on the t public grounds. lie adverted to the case of Sir John Feirwack, wherein the mode of trial was changed from impeachment to a Bill of Pains and Penalties, for wont of sthiicient evi dence. He thought that case no ground fur their Lordships' present proceedings. For although there was tat first a majority of 90 fur introducing the Bill against Sir Johu Fenwick into that House, alter heal mg the evidence and debating upon it, the Bill was carried by a majority of only thirty-three in the House of Commons, while ma their Lord ships' /louse it passed by the very feeble majority of seven. As to the matter of charge of the present Bill, what had their Lordships sceo, or what he:ud, to induce Orin to believe that it was a proper subject of inquiry for ill it Ilmise 1 Their Lor•hips could not be igloo:int of the proceedings %hick had taken place iu the House of Culliillolls, nor of the vote vs Inch that tharsr had cone to upon the Bill before them. If, indeed, the Noble LArl who moved floe Order of the Day would state to the oust. the matter of public danger involved in the clitirge--or if that Noble Earl really apprehended danger fr abandoning the Bill, attur w hat had taken place, and would state the cirCiallStant es of his fears so as to 3 dist) his mind—he might be induced to support the contintiaace of the proceedings. But there was brittle their Lordships not even the shadow of such an opinion. If the case were well founded it ought not to be pita:ceded against by that mode of trial. if it were said that the charge of adultery could not be proved, but that conduct little shoot of con victed adultery could he proved, he %A Initcl then put it to the Ministers of the Church, and :hose• of the Law, who heard liim, to say, it they knew tin) otlo•r gi wands upon a biell u divorce had been afloat d than that of adultery proved in the my fact 1 If that were the charge, it should have been stated with such plainness that the illustrious accused might have been enabled to meet it. T.ie ohjectiotis to the mea sure were general, having been cap' essed in every part of the country. For their Lordships to proceed might have the riles t of irritating the feelings of the public to a dangerous (tepee of beat, but without of ellectiag any de gi re of public good. H • objected to calliiig iu Counsel. Earl (RICE y said, Bast when his Nibble Friend slated his oi•jections generally to Hills of Pains wad Penalties, lie must accede to all web objectimis. Brit when it AA:IS proposed by a.iother Noble Frietid of hi:, without any reition Laving been given to rescind nit order which bad been di•l,b.•nti•ly rdered on their Lordships Journals, and to give up the discussion of a subject, which, buitecer paioarl, bid been • undertaken after grave tutu deep deliberation and debate upon it, lie could not middy lIISAellt. The difficulty of via Mg on the qwestignswetild be painful to las s os to others. The N able Earl [lieu went'into an examivation of the law of treason, and proposed that tun questious should be pia to the the object of which was to ascertain, if the ei iinv of adultery committed by the Queen with a foreigner were not high treason iii the accessary, though the principal were amwerable to the laws of Englaud ; he founded tilt : l igament on the rule that accesiaries iii treason were prin. pal., and liable to punishment in cases where the principals in the first degree could nut be visited. The LORD CHANCELLOR held the contrary opinion, though he ailinitti•il :await all the writer. were with the opinion of Eat! (bey. The. Earl of LI V ERPOOL had no objection to the ques tions beiti•.7 put to tile Judges. It had been alleged that the pre,ent mole of proceeding against her Majesty was ts ab ou t precedent, but such was by no means the fact. It had a peredent in many bills of divorce passed through the I louse. Unfortunately there were cases in which the wives of Peers were brought there to be divorced from their hus bands, and degraded (ruin their rights, privileges, and ,„,_ munities. Now he contended, that the same was dome to. such Peeresses as was 1101 V proposed to be done in the case of her Majesty. The degradation was exactly as great in such a case us that which it was theobject of the pre.ent Hill to ellert. With what justice, then. could the 1341 be called an ex past fret° I.lw ? The Mai quis of LA NS IM)W N recommended the adoption of the course propos, d by his Noble Friend ( EarrGrey.) Earl Grey's motion wits then put and carried, and the Judgesimmediately iiii tiediately ts tired to delibee ate. . . . After all absence of alums twenty minutes, the Judges returned to tar Ilou,e, and the Lord Chief Justice of the King's Bench delivered tile opinion of lion elf and brothers, trhieh was, that the 1.1 Jeer could um, on the ' , resell( 0% ea sion, be eonsidcred as having heen guilty of the clime of High Treason, under the provisions of the statute of Ed ward 111. The LORI) CHANCELLOR then put the motion for calling Counsel open the Bill and hearing them at the Bar. The Counsel for and against the Bill Were then called in. Upon the part of the queen appeared Mr. Brougham, Mr. DCIIIIIIII4 Dr. Lushingtoe, and Mr. Wlllialtli. lu blip -11011 Of the Bill were the Attorney and Solicitor General, Mr. Park, ,Ste. The Duke of HAMILTON said, he wished to ask the A tiorney-General by wiluse dii evtion and upon whose behalf he how appeared at the Bar of that llonse. The AITORN EY-GEN ERA L replied, that lie attend ed at the liar in consequence ut having teceived au order of the House served upon him by the Usher of the Black Rod directing his attendance. The Duke of HAMILTON expressed 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 16 opinion, as satisfactory as could be expected. The Learned At torney-General 11:141 obeyed the order of the House. The ATTOII\GY-GI•:NERIL said, lie was bound to attend upon the Ilunse upon receiving their order, either in persoll or by deputy. He considered the former mode snore respectful to their Lordships, Mad wailed upon the House accordingly. Mr. BROUGHAM then addressed their Lordships. Ile appeared, he said, again before them iii behalf of the Queen, and he had again to protest against the principle and the proceedings against her Majesty, its harsh and 1111 i llst. lie had, on a former occasion been told that he was nut to be heard against the second reading of the Bill. This would have been against precedent, for in the case of the Mike and 13iichess of Norfolk, in 169!, the Duchess was heard by her Counsel against the Bill bciii brought in, against the tirst reading of the Bill, and twice against the second reading. This was also the east! in Knight's case, in the year 1698, and in that of Lund and Lady Angleaea, in 1790. Upon these precedents be craved to be heard against the principle of the Bill. Lord LIVERPOOL said, the time for arguing against the principle of the Bill had passed by. Lord FOLLY moved, that Counsel should be heard upon the principle of the Bill. The question was then put, and it was decided, that if Coinisrl were now to he heard against the principle of the Btu, they should be coatined in their observations in (tie progress to the facts that should come out w evidence. Air. ILROUGHAM then was ordered to proceed in his observations upon the 13111. His first objection was, that the Bill was a private one, intended to punish an wdivi dual. Laws of such a description were ex pest facia lila s, which first permitted the deed to be performed, and 'hen decided the performance of it was a crime ; and further, the very law which declared this act done without notice to be a crime, inflicted punishment upon an individual who thus iguurantly offended. Lawson this nature always passed in the worst of times. He would pass over the reign of Henry Vlll. for carrion, reasues, and call the at telltioll of their Lordships to Lord tatfurd's case. Here was a case ut impeachment, and hail the present a similar proceeding, it would have !seen a proceeding of justice, The attainder, of the vices of Ileiny the V lll,weie legal compared with these. lie now contended that there was nothing illegal on the pail of her Majesty, who had in deed a ,right to complain of the mode of proceeding.— Why did nut her accusers proceed Ly impeachment, ori ginating iu the Commons i the charges would then have been seduced to a regular shape, and she would have had the benefit of the proceeding, which was nut the . Cast. in the present instance, except the impartiality of their Lordships could give it that character. All the cir ciincstances with Whlvii the glletll was concerned in the inquiry were tioliC by her alien Prince:4ot' Wales, vs hen not at connected with t lie Crown, and when, thouAh tar wile of It,, most exalted subject, peen ceilings against her must have hero by Bill of Divorce preferred in that Home, upon petition of her husband, a in must have come to ask it vs it:l : but they had waited till that character had :Wray, out the rights of husband and nit'c had brim sttalloived up in those of King nod QUeell. But he would now avoid the q ic Atoll of recrimmatiou, as he had been eui ttttt ed to do by his illustrious client, except under cir cumstances or absolute necessity. Ile should defend that c , ient without regard to tile Coisacquetices. It was cie duty of II adirocatt. to attend only to tile siert)• of his chem. I low was it he would ask, that in 4 case of adulterous inter courw, w Melt ore Uri red iu ISM, no ' , itch Bill fur dewadat lan is the present was brimglit in? Wag it because that while men nearly allied to the (inane wet e passed li) unpunished, it was sufficient licit the tongue of slander shoulit move against a debt' lid and uuprotected woman, that she shoal,' re •