The National Register. — London, England, 1820-11-06 00:00:00

. legs. Before the eonureocromesit of this linslnesag and on • the death of his late Majesty he was at some distance from , town, and heard with surprise, that the fist step that was • taken vies to strike the Name of her Majesty out of the Liturgy, and thus deprive her of the Prayers of the Church! And yet the Learned Lord Oa the weelsoick, who had just sat 'lowa, had declared, that no pergola should be prestioned guilty before Dial, and that the stales of . .. Justice should be held oven! However much he 'eight condetust such a proceeding, he certainly then thought that theliiitieters must Bove had so strong a ease against bendlejewty, as to render her guilt evident beyond the possibility of a doubt. Whe he came to the House, lie found laying en their Lordships' table the infermatioas at which this inquiry had been funsided ; and a determina tion to proceed by a Bill of Pains and l'enallies, because as was stated 'by a Noble Earl uppopite, the crane of adultery was not treason, when committed by a foreigner beyond seas. The charges had been sent down to the Hoare of Commons, where they refined to Mimics into them; autl would any man now say a Bill of Paine and Penalties was the proper mode of proceeding, when the Melee of Commons refustel to proceed lu the inquiry at all? The Ileum of Commons came to a resultution, that cacti en inquiry way derogatory to the honour of the Crown, and injurious to the murals of the people. When this resolution had passed, the House immediately deter' witted te address her Majesty, to accept the terms offered her of a compromises butt she, with that tirinneu aid cousciousuessof innocence which she possessed, deter mined upon potting herself on her trial in the House of Lords. What shone% have been the duty of Ministers, bat to restore her Majesty's name to the Liturgyg and s according to the recommendation of the Noble Lord on the woolsack, stiffer no prejudice to go against her Ma jesty instil she was proved guilty. Would it be acid Hutt depriving the Queen of the Prayers of a whole people was net deeiating her guilty—it was doing more—it was pnuishing heti What were their Lordships doing now— debatilig on reading the hill a second lime, only to reed a third time, and then send it down to the Coramons that had already decided against all inquiry on the subject.— He (Lord Erskine) was afraid of the consequences of the two Houses being at issue on this question. The lionse of Commons were the Representatives uf the Peo ple; and, after they had declared that there was no ground for impeachment or inquiry, but that they be lieved the Queen innocent, h:ivi could their Lerdships send that bill down to them and request they would in quire into what they had previously decided not to inquire? he Noble Lord contended, that there was no ground for preceding by a Bill of Pains and Mice the charge against her Majesty was a high crime and 'Made tneanour, for which she might have been tried by consti lutiowil means. As this had not been the ease, if he believed the Queen as guilty as from the evidence he believed her innoceet, Le %%wild vote against the bill, because an uneouslitutioual mode of pruceeding was adopted, where a constitutional one was open. I /nest mid the Noble Lord (Erskine) soon terminate my life; but happy shall I be it' I die advocaat% those go eat constitutional principles, the vindicating of which, in early lifr;raised me from the rank of an humble individual. —The Lord Chancellor bail stated that the fact of adulterous eatereourse was the only one to be considered : he denied this. The Noble Lord then proceeded to read the preamble oldie Bill, and to comment on the gross indecencies with which she was charged for some years, and in various countries: and yet this sweeping accusation had dwindled down to a charge of her sleep ing on deck on board a poleax, attended by her chamberlain, and this only sworn to by two witnesses, Who did not even de edam that they hail any suspicion of a criminal insereourae having taken place. Th. Noble Lord then proceeded to com ment on the evidence of Dumont, which he said, was not en • titled to Leahy and declared, that he wished he had the Queen's cma iu the lower Courts before rife: of the Judges. If adultery lied been the object of the parties, who could imagine that they would have excaanged the convenient concealment below lot an n e m tent on deck, where they must be exposed to geecral obser vation and intrusion ? No person on csuth could have thought of attempting an intercourse under such circumstances. It would Ix: observed, too, that there had been no mystery about bet Majesty's eanduct--no impreadon of that sort had been produced. Here the Noble Lord exhibited symptoms of strong indismn tioa, aad a pause of a minute or two wok plate. His Laitiship then attempted to resume, but after a few wurda sunk down as iu a faint. lie was caught in his fall by some of the Peers near hint; dm windows wee opened, and a glass of water brougla ; bat his Lordship axabuel to ill, that he was obliged to be twine out of :Le House by Lords Grey, Caruervon, and ilelltual. Lord LAUDERDALE suggested that the House should adjourn for a quarter of an hour. The House adjourned necuralingiy. Hu the House resuming, The 1.0111) CHANCELLOR said that he could nut allow the debate to• g oo farther without saying a word in explanatiote His Nubia mid Leunted l;rientl (Lorttletaltinea. whose absence, and•the cameo( it. no man more sincerely hunented, had argued as if he (the Lord Chancellor) bad stated that the case on board the Poliseatetormed the whole case tor the prosecution. lle lead arid Lomeli thing. All lie had unseat to say tea, that that ewe alone had allftiCiAl to detallittle Ilia individual judgment. 'Diem were a „teat many lesser circumstances on which he had offered r.o opinion, but which undoubtedly might have weight with matey of their Lordships. Lord LA UDF,RDALE now proceeded to address their Lord • wrs. He allotted t:i tile repot, of his being sent out Governer to With detailed its laismuocl, professed himself mutely unpre judiced, mil theu went on at gem length in a styleiso strongly resembling die Lord Chancellor's speech, that if we were twit *minuend the thin:; were impossible, we should have supposed themo•tpeeches had been arranged at a cabinet dinner. The Earl of ItUsEakiltitY thought that this was a case in which nu Peer ought to give a silent vote; and he hdpect the Howse would accept thistle Ms npulogge for the tew words he led to say tliatU /id laotwitheimeting all lie had beani, he anal not reconcile it to his berme and enacience to a Jurymen to give his ass.:' to the passing •If thc hill. On attentively considering the whole fans ass eirceinneracm of OW case, he amid moe say that lie was cond u ced of the existent* of that adulterous inter. course, without a tell conviction of which, as their Lontslops had Wu matted by the fable bed Learned Lord on die Woularek, nw Lora ought toeive his sots for this Bill. But by thought the House were li4orni to extend their views beyond the Male facts tittle: ease. Minuted that they would tint be enlisted by coy thing that had fallen firm the Noble hated anodic ersea been tilted Lautiertlan ), to exclude hoar their mnsideration the pos niety ut•the Die not hem., entertained by ties *Me/ linage of Parliatilent. lie thooght that they were bound to look at the wobble of the pesibable. driers and eurieryirenees of the 'manage. Ile wise thelatiollhiLL wheetesiet wise abet, laottellips to act tiii4Wl any impitamon et intimatautte. now without; eat lie knew •ut ne good that was to be gained by cenceidthg from themelves that ti•eie dietetic:a was, it lie ausget su a t elat. upon Mai before the country—nut by the mere rabble, lea by all the mute ralus blv set:able portion. id the lintel, retnnionit e t. lie tu,piored Wu. I,..at6iplap. to poll.‘t wet. Liaa 114.4. w. watch sus Labaetta. •- THE NATIONAL REGISTER • the Hill might probably have; to view it not only as a question of justice, but its one of expediency. Ilan, doubt—if the least douht existed en the minds of their Lordships—if there was any deficiency in the evidence, the benefit ought to be thrown into the scale for the defendant. (lbw, heat.) Lord 10:DESDALli said lie had examined the depositions of all the witnesses, and he had no doubt that moot* in this case was full and absolute. HID ir; road the evidence front beginning to end, the huression on his mind was, that the case was as fairly proved as any case ever was in the Courts of Justice, in which there was coatradietery evidence. The Noble Lod, after an ingenious encomium on the evidence of \lujuoci and Dumont, of both of whom, lie said that he thought them entitled to credit, and gave them credit, he proceeded to consider the proceeding in a constitutional point of view. The first Act of Settlement, excluding Roman Catholics from the Succession, was a Bill of Pains and Penalties, inasmuch as it operated against a number of persons who professed the Roman Catholic Religion. plow could he said a Hill of Pains and Penalties was unconstitutional ? The Constitution established in pitta was supported and cemented I by such Bills. The Noble and Learned Lord contended, that it was the only course left for the adoption of Parliament. The I Queen Consort was not a personal but a political character; her situation was political, and a legislative proceeding was best applied to the case. It had been said that the Bill had excited discontent, that, however, was no ground to induce the House to relinquish their proceedings; on the contrary, it ought rather to stimulate their Lordships to pass the Bill to the Common., leav ing that body to dispose of it as they might think tic. The Noble and Learned Lord concluded, by supporting the Bill of Pains and Penalties, at four o'clock, when the House adjourned. TWENTY-SIXTH DAY OF THE DEFENCE. FRIDAY, NOW. S. The Lord Chancellor took his seat on the Woolsack at the usual hour, and the names haring been called over, Lord GROSVENOR rose and addressed the House. Having, lie said, attended to the vast body of evidence in • this case, to the speeches of Counsel at the Bar, usual the eloquence displayed yesterday by Noble Lords upon the merits of the Bill, he Mad to deelare, in the face of God and his country, that he did not see that those charges against the Queen which had been so cruelly and so ma liciously accurnalated, were at all substastiated. He thought it a matter of coascieuct —as his Lordship hoped for mercy het eader—to utter this opinion, now that the Dill had undergone such full consideration in every point! luthienceil by this conviction, he felt himself tinder the necessity of declaring non-caefent to the second reading of this Bill. Upon the iadolgence of the Hens* lie should lay claim for • considerable time, while lie en tered Into a statement of his reasons for determining to vote us he had intimated upon this occasion. Their Lord ships had heard from the Counsel on the part of the Crown, most eloquent speeches. They had heard from the Noble and Learned Lord on the woolsack, and from two other Lords, who had taken so energetic a part in favour of the Bill, very !Morel fill effusions in support of the charges against her Nlirjesty; and it was greatly to be regretted that die sudden iedisposition of his Noble and Learned Friend (Erskine) had cause an interruption to the powerful appeal to their Lordships, which had been commenced yesterday in flavour of the tlneen. After all those efforts, considerable piejsidice mast have been raised in their Lordships' minds, and lie felt alatined at the task lie was about to undertake, front a consideretion of his own inadequacy to tomcod against suck puwerful talent. The House would remember that the Noble and Learned Lord ou the woolsack had declared. that be would hold the balance of Seeder rquallyie Ins haeds,and the House was called upon to cies eise their power with the same feeling. (Hear, hear.)—.The Noble Earl thee proceeded to comment on the evidence. With respect to the evidence atCarlsrithe, his Lordship said, it had been most dearly contradicted by incontesithle evidence, amid *Rhenish the Noble Lord 'eves'. Una part of the cheeses, yet lie concluded by saying, that the cloak in the bed was a most snspicioes circumstance. Bet was it not possible that imam of the Orbsens, the Berstetts, who were de scribed as run aaaaa g about the rooms with such alacrity the moment the Princess had quitted them—was it not pewi t& that &he might have put the ,clusk iu the bed, w order to a inunate her Royal Highness 2—Their Lutdship need not be told what a etiweitul instrument the handkerchief was in the hunts of Ivo to ruin Desdenon usual were their Lordships sure there were nu /nu's in this cause The very stustsiniun that there might be some ()age! to . operate in favour of the Queen. lhere was so emelt coca lesion and cootradtction in the evidence gieco on this that it was difficult to-come at the truth. It lieu been said that Berganii was separated limn his wile; dale was nothing vet y remarkable its this; but it type:tied to he on y a separation ut convenience, and nut our: et want of anvil tom Another circumstance had been dwelt upon very 'Minsk Iy—that Bergami had gained great posses skies ; that alter the isitrigue had taken place, lie rude in power and pride; and that all the respect lie had formerly paid to her Royal Highness was at an end ; but then Lord ships would hod, al looking at the whole of the evidence, that Bergami not only treated the Princes* with great respect, but also every person connected with her. Stu :thee west the isecusations made against the Queen; woe at- tempt had Bern made to prove her criminality 1 . 1 the Net of Hereunto e g to the cal t tape, while haven*, aunt asketi.; tar it bottle of wine, which she scattily gave him. The Noble Eat I theu moo tasted the wit IleStieel such a set !relied never seen asseaubledlegothei as those brought in support of the Bill, nor a more respeetable body than Uwse tor the (Jerre, who gase their evidence with that re:idiots* HMI ingenuousuess, which WO the strongest pi out of the truth of their testimony. The only Witnesses sin thie pallor else Bill entitled many-notice were Captains Briggs awl l'eclsell. Captain Biggs had given a swung negative testimony hi favour of the Qlll.lll. He declared that he hall seem, um, impropriety in the conduct of bet Royal Highness while on board the Lerialhan, cud yet their Lordships would find from Capt. Briggs's evidetire, that it was iiiii at impossible an adulterous hitt:teem se could have takeis place without his known% uf it. The Noble Lord again adverted to the prejudgment of the Qiieetes I ass, by the exclusion of her Ma j esty'a mime lions the Liturgy. He had health it reported, he did not Law% haw drily, that when the Llilllgy was sunned by the Arch. , bishop of Caitterbitay to the hang, it WAS the King w oo snuck out the name of her bleirsty—(Hear, hear.) --Hr tint nut pledge himself fur flu tiudi ul ate rtartessirsn,"inst if " CAM( ttttt d the Nome Lord, " I had berm, the Aisclitsi shup of Canieroury on seek .111 OCCAL , 141111(D11Iril laugh ie.).— ovoid have throe the Lituigy iii wl.i 111esieaty'N race, belittle I *wood have siren a party to such a timid oleos the 14w, such art outrage oil ail justice mud hu suamt I If I had been the Loud Cliaucellor, cutlet! npun to 1:01.fil .11 tut IHW age , 1 witoid rather have tiainpled the seati a t unit e usn tt, trot dials have consented ill so AMY aY LLILL LAC Plualis land pros:ceded to say • A 1.1.-....- ..- .-•••• 3.4 that he knew not what might be the event of the presen t proceredisies ; but he ilitois;lit there were signs, both lei the natural tied moral world, of great and imminent danger. Their Lordships would remember that whoa the Allot ney-Generai, in his opening charge, tittered 11141 foul and abominable charge against her Majesty, the evidence in sopport Ut which had so completely failed, the Sun re petienced an Almost total eclipse; but Hutt on the de frirce beteg commenced, that glorious Itiminare seemed to cast it.: rays with an unusual flood of spiendunr over their Lordships. In the mural to ld, clouds were cot teeth/ charged with tl der—yes, wills thituder, because if their Lordships did pass the reit', they would disgust all the sound part of the community—they world render them disconterstell, and an easy prey to faction* and evil disposed Coen. What had created all this sensation i A breath had created it, and a breath could destroy ii. Let their Lordships only throw out this detestable Hill ; theu, indeed, there would lie rejoichig througi t the country; nor in this country alone, for from our chores the mate of joy would extend to France, and across the pyr a r m as ( His Lordship conjured the House—on his knee* he would conjure them—to judge of die cue of thip unfortunate, this tmguestion. ably long oppressed sad persecuted woman—this generous, mag nanimous, and liberal person, who had been agonised .in • wanner not to be described by the institution of 'blue nroceed i nip( —that they would do by her as if the case were their own, or as if if it were a wile or dearest daughter an whom they, were sitting is judgment — ( ills Lordship Nat down amid loud cheers.) Lord HARE WOOD from too : Ministerial Gallery now ad dressed their Lordahips. Aker listening to the whole evidence Produced, I shall shortly state the general impreseitta which it as made on my mind. I conceive that much of the evidence has been contradicted, that much of it rests on loose grounds ; but other pans of it, I am sorry to say. stands on a much stronger foundation ; and, on the whole, the impression of it on my mind is, to create at ham • strong.saspisien on the subject a our enquiry.—But when I find that the evidence depended on in support of this enquiry is foreign, and that it has been obteined. not to say improperly, but by extraordinary consid te eretion— when I consider too the impossibility of having points which rest on foreign testimony, cleared up in the way that .; might be done in tut ordinary English trial. I must con _that some de • grec of doubt is left, on my mind. The Noble Lord. alter setae further oho:rya:Mina, concluded • speech which app umed tq make a great impression on the House, by repeating fU fait Leaf knead to weir wenthat the Bill. Lord DO NO UG MOll E now rose. After a few eihservatious in answer to Lord Harewood, he proceeded to coannent on the speech of Earl Grosvenor. and made an impotent attempt toots it into ridicule. He concluded by declaring his deternunation to vote for rho second reading. Ertl GREY.--" My Lords, it is with some degree of reluctance that I rise at the present moment, as .1 was smarms to hear the argoesesos of the Nettle Lords oppo site in favour of this Hill of Pains and Penalties. Hat, my Lords, the attention I have paid to this subject has so far exhausted site, dust were I longer twdeky 'addressing your Lordships, I tear I could not do it with any degree of justice to the cause, or satisfaction to tuyeelf I will therefore now state the remora why I sita/I„votp against the second reading of the bill. At the commencement of these proceedings, I Mated my objections to the principles and policy of Paine and Pemilues. They are so objec tionable iii their statute, and so unconstitutional in their practice, that out Wag but the most nrgeat slate necessity could justify resetting to them ; and no such state ones. oily hiss beeteproved in the present instance. The Noble Bail then proceeded, in an eloquent strain, to combat the argements of the Lord Chaucellor, that a Hill of Pains and Penalties afforded snore advantage to• the accused than a trial by iniperdiment. Having declared . his ebjec tiros as to the mode of proceeding at the eutectic:torment, lie Hien deter 11l ioo ed to attend to the ease as- it wield be mode out by evidence. He left that if 4 ssich a< case was made out as would justify the degredetion of the Uneeu. he mast then consider himself hound either to vote for the Bill, or to see hem Alejesty sit ou the throw: kinted sod disgraced. lint the case to be suede out was, that her Majesty's cowling had been Its lien:Hotta amid disgraceful, as to bring dishuneur ou the Sovereign, mid to bees public scandal to the country. The case to be made out fur the bill was not one of siistple adultery, bat of gross and li centious conduct, winch equally disgraced the Sovereign and the Country. Nothing short of such a case could justify the bill. " And bow (s4O the Noble Lord) was it it, be reused ? by witnesses beyond all suspicion ? (Hear, lied!). In proportion as the rank of the individual was high and iihrstrents—iii proportion as the penalties were seveier—and in proportion as the proceeding was novel, and coutrary to law rind justice—ill such proportion ought the case to be made out by evidence beyond all taint-es above all suspicion! lf, at the couclusion of the Attor ney-Greeters speech, we could have foreseen that the charges at Naples, which were lice fotturiation of, all the charges, would have been abruduiled—if cop had fu re seen that charges were to rest on the evidence of Majocci and Dinnotit—if we had foreseeu that the charges at Trieste, Carlsrulte, and at Getwa, world have iken ie linimislied, could we for a gumtree' base believed that we ahould ever have been called hi a beCollill reading of this bill ? Ou all these charges, the advocates for the bill err longer I ellt.11; the whole of the charges had dwindled down in the conduct of her Royal Highness during her voyage on board the punercii—( Hear, heat I)—W.0111d any won lay his hand on his heart and say, HIM if he bad fore seen tins was the whirls, that would be prosed, that lie would for a moment have etatertateed the proceeding By scud tidy . cu nt it tll alone, could such a bill as this be decided. HOW then§ stood the real face of the ease ? Stne there were deloused to, Willett it tsiabhishr.J 3411 a. factorily—if the a assesses mi whom they tested wens worthy of coedit—cuuld lease nu daub, in Ills ease. If their Lordships rook! believe MAjoeci--11 they could be lieve Himiont —it they could beli((se !sari iti, there would he an cud to the ease ; the fact Id adult, y uusat be held le be cleanly mid decisively plowed. hill shell' Lot dships had heard it tick no sviedgett, ti) Ilieair:uursandanppw tens Of tilebill, that 11.4 l 4 Illlslitaitling all the tali Is to which these ailin sees had swum, aiiil wliteti alone gnill tuned it* , interred, yet, It they carte 1111sUppoli tett by oilier circulostantes, and by dlitillier. they could nut Justly the Uuuse ill pa—in e this Ifill of Pacis arid Penalties. It he was sitting as a Jury Mao, lie mind never on emit a grou and venture on a verdict of guilty. Here Iris I anitsrap prune uuu jut COnillient to wane leitAtli on thaw parts or the evatiecoe sit i 1 - joccu, &avid, and lf.onimit, in shy I, they lhhi coact Hrtly con iraelans Clow-at:eh, or were met by the teanst conoierictroes ti (no other persons of uninipaas..able credo. Fn. is the time tory kit the Queen Hindu atom ot (MKS, ion tile •11 6 1;c4 islythation of inipm er conduct had Wen ttlitieW dgan si he, Nlajeaty..— (Repeated cheers from all pan. el tee that...) Nu. only were all of tam discankst servulds, bin too to tau were di po:.w siou Or the chug., Ag 411114 the Quteu were tribe) of a arts which wauld have awe it the brit& of 11 ;• , -. ,•• so het Majesty (ter fkinttAleatlPrr ice pre, 7' l C u 1 • • * 10' • k ia 4 .r.