The National Register. — London, England, 1820-07-16 00:00:00

The LORD C HANCIILL O II old, tba Noble Lord (Holland) had cited bat one ease of analogy. and dist was the case of High Treason, but the Noble Lord had been at last obliged to give up even that. In the whole course of his (the Lord Chancellor) official life there had occurred no case but of High Treason in which a list of the witnesses had been furnished to the accused party. It never entered the mind of his Majesty's Ministers to propose any proceedings of a . private nature. neither had it ever been suggested that any privilege should be withheld for a mo ment frum the party accused. Their Lordships were anxious that her Majesty should have all facilities for procuring the means of her defence. The case was one which was to be con sidered upon general principles, and if their Lordships dissented from the plan now proposed it would be impossible for them to proceed as their ancestors had done. The Resolutions were then agreed to. After which, Lord LIVERPOOL moved other Rtsolutiorus to the following effect : That her hbjesty's Counsel should be informed of the postponement. " That Counsel should be heard upon the second reading of the Bill in support of it. " That the Attorney-General should be infomed of this arrangement. •• That the House should be called otter on the 17th August, at ten o'clock in the morning. " That no Lord should leave the House during the proceedings without leave; and " That the Lord Chancellor should issue notice to the Lords to attend on the day of postponement." The Resolutions weie agreed to. and the House adjourned. TUESDA Y, JULY 11. PETITION.—The Marquis of LANSDOWNE presented a Petition from the Bocoughreeve. Merchants. Manu facturers, and inhabitants of Birmingham, praying for relief is: the Odle China and East India trade. A ft er some bayou the Noble Marquis. the Earl of Liver. p er, Led lelleebeeeektlL Berl Bathurst. and Lord Lauderdale, on the policy deposing the Baltic Timber Trade, and relaxing the duties. the Petition was laid on the table. THE (al:EEL—Lord AUCKLAND said, he held in hand a Petition from the Queen, and he should move it be read and laid on the table. with a view of postponing the consideration of it till Friday, when a Noble Lord (Erskine) was to bring forward the same subject for discusSion. The Petition was then readly the Clerk. The Petition of her Majesty the Queen to the Lords Spiritual and Temporal in Parliament assembled. stated. that having received information that the second reading. of the Bill of Pains and Penalties, degradiug to het Majesty, had been fixed for the 17th of August, and being advised that a list of the witnesses was necemary for her defence, her Majesty was desirous that it be delivered fortnwith to hoe Attorney-Geoeral The Earl of LAUDERDALE, after die Petition had been read, suggested that the House should appoint a Committee to search for precedents, in order to see what had been done on former proceedings'pf a similar nature. The Noble Earl thought that mode of proceeding would be satisfactory to the puhlic. The Earl of LI VEIIPOOI. said, if the Noble Lord made a media for the appointment of a Committee. it might interfere with die motion to furnish the Queen with a list of witnesses. erlith deed Sir 'Friday. He was not aware of any strong prem iums is be found. Lied HOLLAND felt some objection to the appointment of s Committee to examine precedents. If such a tnotion was made soad 'greed to, he expres ed a hope that the enquiry would be gesetaL and that the Committee would not cull precedents suited to a confined view of the subject. The Earl of LIVERPOOL had no objection to search for pre • cedents, such as the Noble Lord referred to, but he did not think a Committee could distinctly state to the direct object anti appli. cation of those precedents. The Petition was then ordered to be taken into consideration on Friday. The Earl of LAUDERDALE immediately after moved, that a Committee be appointed to search for precidents of furnish. ing lists of witnesses in bills of attainder and all cases analogous. The Eat/ of LIVERPOOL said. the best practicable course of proceeding was to confine the enquiry to proceedings as similar as possible to that before the House. Lord HOLLAND could not allow that the House was to be bound by rules and precedents. The principles of justice were more essential to the proceeding than precedents. Earl BATHURST expressed an opinion that it would be pro per to confine the enquiry to Bills of Attainder, sills of Pains and Penalties, and Impeachments. The Noble Earl consequently moved to am end the motion by the insertion of the words pains and penalties, and impeachments. The motion amended stood thus- 4, That • Committee be appointed to search for precedents of furnishing Lists of Wit nesses in Bills of Attainder, Bills of Pains and Penalties, and Impeachments." Lord !lOU. AND again objected to the amended motion, and contended, that the House ought to be governed only by the best adminiattation of justice. Lord AUCKLAND agreed with his Noble Friend, Lord Hol land, and said In should vote against the motion of the Noble Earl. At the same time lie was only influenced by a wish to do substantial justice. He did not think her Majesty the Queen could come before the House without a list of the witnesses ; without it she would not have the whole of the case before her. The House then divided on the amendment. The nu.obas Were— For the Against it to The motion, as amended, was accordingly carried, and the Committee appointed. The House adjotuiwil. i.UNSDAY, JULY 12. Lord KENYO presented a Petition, signed by a numerous body of Electors I.nd Merchants of Dublin, against a Clause in a Bill before the House, for the regulation of blasters in Chan cery in Ireland. The said clause requires such ,Nl;isters in Clan• eery to reside in Ireland, in order that tlity mcy he the better able to discharge the duty, and the Petitinnas oppose the clause on the ground that it will occasion a new election. Pelew's Divorce Bill passed through is Committee. The Smuggling Prevention Bill, and the Slaves Removal Bill, were also eommit.ed, and reported without anwndments. Petition read and ordered to lie on the table. J'atljoUMALL THURSDAY. JULY IS. THE 11111 f COURT Or CHANCERY 81it..---The Earl of CARNAR VON asked whether it was the intention of the Noble Lords connected with Government to move the sorAmd reading of a Bill on the table to regulate the Court of Chancery in Ireland. Loud REDESDALE said, the Bill would be advantageous to the Court of Chancery in Ireland. Some parts of it were, how ever, okortonable. The Bill would require considerable amend ment. The second reading was then fixed for to-morrow. MARRIAUE ACT AMENDAILIiT BILL.—Lord r.l.LEs nintouG it rose, pursuant to notice, to move the seemiti of this Hill. The Noble Lotd stated tam eases in wlttat Mar riages bad been set aside under the existing Act, by the minority of the husbands. Some of them had been married between so and 40 years, and their marriages were set aside, on a prom' that they wanted two or three months of being of age a: die time the ceremony was performod. lie truant to insert a Aisne, that no panics should be able to dis aslve their marriages t eb; but parents and guardians might, within a gt%'en time, annul mar riages, if irregular, and without their 4:or:xi - A. The LORD CHANCLI.I.IIit strongly op?oLcd t'.e 11•11, anti declared he could n o t vote t,,r gulp.; into LeGn THE NATIONAL REGISTER Had the Bill been framed to relieve persons who originally meant to act honestly, but had mistaken the marriage ceremony, he should not have opposed it, but the Bill before the House would do incalculable mischief. No man who had a heart could avoid feeling fur those cases which had been stated ; but they were to see what this Bill did. It had a retrospective effect, and would effect rights acquired since 1751. It would go to establish marriages in cases where licenses had been obtained by fraud, and for which persons had stood in the pillory. As to marriage by banns, he was disposed to say, that all marriage: celebrated by banns, however irregular, ought to be good marriages. The Act of the 23d of Gets Sd, made such marriages good, but the Bill before the House would make them bad, by giving guardians the power within a few years to act them aside. The Earl of WESTMORLAND said, it was due to the Noble Lord who advocated the Bill, to let it go to a second reading. In a Committee they might make many alterations, and by pos sibility afford a remedy foe the melancholy state of society with reference to marriages. The Earl of LIMERICK supported the Bill, and the Home then divided on the second reading-- Contents Ss Not Content ... 26 Majority —6 The Lord Chancellor was consequently left in the Minority, and the Bill was committed toe Aiunday.—Adjoumod. FRIDAY, JULY 14. Lord HOLLAND presented a Petition from the Pro testant Dissentersoigainst the operation of the Test A.,, and itrayingto be relieved from disabilities intposed by the same. The Petition was laid on the Table. THE QUEEN. Pareenetrea.—The Earl of SHAFTESBURY present- cd the Report of the Committee appointed to examine Piecedeuls for furnishing Lists of %Vitnesses to persons accused in Bills of Attainder, Pains and Penalties, and Impeachment. The Report contained lint two eases. The first was that of Sir JOllll Bennett, in which, upon Petition, copies of the charges against hint, and a list of witnesses, were granted'—The second was the case of Lord Strafford, in which a similar request was complied with. Tbe Report was read and laid on the table. Lord ERSKINE rose, on the Order of the Day, to move the Queen be furnished wills a list of the witnesses, to be heard in support of the Bill of Pains and Penalties. Die Noble Lord commenced a most eloquent' speech, by observing, that the question was one of the greatest im portance. ITnless their Lordships consented to deliver to her Majesty a list of the witnesses against hcr,the pro ceedings would be delayed. They would be compelled to adjourn de die in diem, to afford the Queen a fair op portunity of meeting the testimony against her. Where was the Queen to collect the nature and bearing of the evidence ? The Bill was in the nature of a criminal in dictment, yet it contained no charge that could be clearly understood. There was no charge of adultery on a given day, or at a given place, but it was said to be committed during the course of six years she was absent from this country. How could her Majesty prepare for her de fence upon such charges without more information ? It was impossible to do justice in this case without the House enabled the accused to prepare for her defence. What he recommended was to enable the accused to answer this Bill. If he did nut make oat the ease that her Ma • jetty was entitled to all the documents required, he would withdraw his motion. Lord Eiskine contended that, if indicted fur high treason, the 'Rusts mous Person would be entitled to a copy of the indictment. The t. siren was entitled to a list of witnesses, not only that she might contradict them, but that they might be made to enters. diet themselves. He did not know why the list of wit nesses should he withheld in all cases except high treason. He knew that the practice hail been the subject of much grumbling. The Ministers were the authors of the Bill, and every thing like the appearance of injustice would create ahhorienee. The effect of withholding a list of witnesses would be to compel the Queen to call for delay. The Noble Lords might say this was nut a proceeding which inflicted the penalty of death, but what was the pain of death after they degraded the illustrious person from all the honours of her Royal House ; from all the honours she load acquired in this country, life was of no value after such degradation. They ( ought then to be careful how in such a case they violated the principles A justice. The Noble Lord concluded by moving, that a list of witnesses to be examined in support of the Pains and Penalties Bill be sent so her Majesty's legal advisers, to enable the (.Im-en to defend herself. The LORI) CHANCELLOR opposed the motion. He was bound by a sense of ditty to object to it. The main principles of justice must be applied to high and low. In the administratioe of justice sill were equal. He tell it necessary to state, that no man email doubt that a list of witnesses delivered to a person before accusation, gave au unfair advautege to persons appointed to cross examine witnesses. The wisdom of ages had not adopted the pro• ceetlitig recommended. Five vice examination was only to be relied ou ; mid if so, what would become of jus tice if lists of witnesses were to be given. Tue ends of justice requited they should nut do that o loch was con truly to law anti reason. How could they make an ex ception its favour of the Illustrious ludiviJaal, which would impugn all the established rules of evidence ? Under all the circumstances the question was, e twitter they could sacrifice the general principle of Parliament ary Administration, by saying they could not be governed by the ordinary principles of justice. The Noble and Learned Lord gave his negative to the mutton. The Marquis of LANSDOW N, feeling the importance of the debate, declared, in justice to her Majesty and the accusing pert), there could he no joist opposition to the motion made by his Noble Ft iend. Upou the piece. dents stated that day to the Hotter, they were under the necessity of acceding to the motion. He would defy the House to prove a precedent for the nsanster in which an Illustrious per-on Omuta lie treated in :his case. hail departed from precedent, yet they were called on by those who had recommended the deviation, to be guided by the land maths tits" , had disregarded.— His Noble and Learned Friend had called upon them to consider what would most contribute to the ends of jus tice. He humid heard nothing to prevent the lions. from acceding to the course recommit-Jed that day. On the eutittary, he was convinced that 4 refusal et the claims w „ ii s t i lead :o au neerraption of the coar sa of jostler. The Earl of LIVERPOOL opposed the 1/1111101i: Lord ORES' supported it, and after much debate it was negaii ned. HOUSE OF COMMONS. MONDAY. JULY 10. CON rum rr.—Si , K. t;tat Ite 1:,14r , c00.1 thAt W ea 113 A ..irrtiulerid Tv, ut..er persons had surrendered themselves, but as they were persons who had no will of their own, be should move Hutt the Order for their attendance he discharged. Respecting Sir W. Manners, he should make no root' . The order with respect to the other tiro o ituesbes was discharged. Mr. C. WYNN moved, that Sir W. Manners, having att. sconded to avoid being examined before the Grantham Elec tion Committee, be sent to Newgate for such offence. Sir J. GRAHAM observed, that Sir W. Mannen had left town before nny order was issued ; and he therefore moved, as an prinendment, that the Order be discharged. Dr. I'D ILLI MOH E remarked, that Jervoise had been sent to Ne gate under ;precisely sinsiLir circumstances, and yet nothing was to he done against Sir W. Manners.— (Hear.) Aber al remarks front Mr. Tennyson, se. The SPEAKER noses veil, that if their orders were to be cisobeled, what would become of their authority. Amendment negatived. Mr. %V itorrEsLEl said, there was uo evidence of Sir W. Manners having absconded. SirJ. Al' I NTOSIII reminded the House, that it had been resolved, after evidence, that Sir W. Manners bad absconded. Orlithull Motion carried. Mr. BEN NETT unwed for a return of the number of wither,' trita acne now receiving peubiunt uu accuuut of blindness. Mr. RICARDO moved for returns of the quantities of Wines imported, dilastigui3hitig thu,e from Erdnee.—• Ordered. Mr. CANNING moved, that the Last India Volunteer Bill Report be iereived. Report brought up and agreed to, and the Bill ordered to be read a third time tomorrow. Mr. WILLY moved, that Nlr. D'Eurrre, the Recorder of Limerick, who had been milled ill Newgiite for preva rication on oath, be brom;ht to the Bar, in order to his beiug discharged. Sir J. WI NTOSH thought, after such prevartcatiou on oath, Mr. D'Esterre might not to be allowed to hold his judicial office of Records r, ur to continue his profession.— (Hear l) Mr. D kWSON, who had becu on the election committee expressed a similar opin ion. Mr. DALY Raid, the officer was annually elected, and that the Election loot have the approbation of the Lord Lieutenant. Sir J. M'INTOSH said, they ought to have some atm ranee that the dismission would take place. Mr. C. GRANT had no dooht that the wish of the House would be attended so. f f previous notice could not be taken, the rc-elect ion would be in September nest f and then doubt. le-s the wilt which had been expressed would have its due effect. Motion agreed to, and Henry D'Eaterre was placed at the B Ir. The SPEAKr.R. in reprimanding the prisoner, observed, hat he had nut to address an individual half ignorant, half ducated—one who had an imperfect maims of an oath; be had not to address one who moved in the lower ranks of life but he was an individual who moved in a superior station, and was himself clothed with a judicial character. To as individual so circumstanced, he would not pursue the ordi nary course of reprimand; but would leave him to those reflections which doubtless arose in his own mind, and world conclude with stating, that he no. ordered to be die. charged out of custody on payment of his fees. The Speaker's speech was ordered to be printed. A Ltesis' Btt.b.—Lord CASILEILLACiII moved, that the House resolve itself into a Committee on the Aliens' Bill. Sir J. MIN I'OSH moved, that it be nn Instruction to the Committee to introduce three clauses —First, to provide th a t Alien•, before being compelled to leave the country, should be furnished with an accouut of the charges against them, and base time to rebut it by witnesses, before the Privy Council. —Secondly, to exempt all Aliens who had been in this country before January 11314, from the operation of this Act ; and thirdly. to exempt from the provisions of this Bill, witnesses who iniAlit he brought to this country, whether for or against the Queen. Lord CASTI.EitE %Gil opposed all the clauses. it would be better, he urged, to vs ithhold the Bill altogether, than to hamper it with such exemptions. Time two Ant rlousei had before been proposed. nod had before been or gatived; and as to the third proposition, it was a reflection on the Nlinisters, in which he thought the House would not join. They could not he suspected of contemplating any proceeding so violent as to reject witnesses introduced in behalf of the Queen. After nu extended discussion, in whirls Mr. Denman, &c. took part, the several clattsys were negatived witbost a The Orders the Day were dilined of, and the House adjourned. Tarsal If, ./Ul.ll 11. GRUtIHAII ELECTION. Colour' ‘‘ ODEHOUSE pre. tented a Report from our Committee, which declared James ilughs, Esq. to have forfeited his se.it, he having been guilty of treating. A new writ was ordered for Grantham- in the room of the same James Esq. Col. WODLIIOUSI. then pretent , tl a Special Report, declaring that practice had long prevailed at Grantham, of givio4 to Out•votels sums of money, limier colour of in demnity fur loss of time and expenccs, w Inch was hi4hly illegal, subversive of the freedom of election, and leading to produce the mutt dangerous corruption. The Report alw j ec h re d that James ilughs was incapacitated to serve in the present Parini:neut.—Report ordered to lie ou the table. BRE %CH o• PaI•ILZGIL—Mr. 'MARTIN (of GAlrdy) complained of h.wing again been misrepres , %ited w a Mora. log Pap " The Herild," and that, too, after he ha•t spoken to the iudividual ahn had prewtim,is tot-tepre►ented him. He coucluded whit 'flowing that Mr. Itnhesnit and Mr. Gla■'ington, the 'winter :nod publisher, be called to the Bar oil Friday nest.—Ordered. Mr. BEN rirrr I•rcarnted a Petition from a person named John Drake, the master of a C 034 in vessel, complain. tug of h av i ng b een ►cut home by the Governor, on account on account of having ordered convicts to be fired upon to suppress a disturhanee. Lord cAsTLER EACH' stated, that he should not oppose the receipt of this t', lotion, though it was layout mg iira - lice that had go oon up of late, that of Petitioning toe House tour king mutters that were fit obit.' to of (Ivor:. to the inferior Courts. Petition brought np, react, aatyt ordered to lie o n th e t Able. Ur. PNILLIMOR.r. prf•sentol t Petit:an frail. R. 011 , 11- 4 ..r.mg „kr% ote, ton h pilsll , ll.ll i!1 No., pit", 1441 /Or torte.r.rat;.m Kr air • -‘