The National Register. — London, England, 1820-08-21 00:00:00

he degraded and disgraced by a Bill of Pains and Penalties. the Learned Counsel then remarked on the manner in which This Bill had been introduced, which had for its object to dissolve the mist s olemn contract, to separate man and wife; hut to which the Attorney Genteel had now declared the King was not a party, but that he attended on the part of the public. Ile blamed the enemies of her Majesty for continually imputing to her that she had degraded the honour of the Crown, by her conduct whilst abroad. The very awn who now charged her with misconduct, were those who had driven her out unprotected. These men had also offered her rank and affluence to the fullest elicits, if she would conti nue abroad, nod it was nut until she presumed to return to this country to assert her innocence, that this Bill of Pains and Penalties was promulgated against her. He concluded by calling on their Lordships to retrace their steps, and thereby prove themselves the saviours of the country. The LORD CHANCELLOR said ►heir Lordships would hear the oilier Counsel of her Majesty. Mr. DENMAN then stood at the Bar and stated, that he at that time felt unable to perform the ditties he owed to his Illustrious Client. in conseqiienee of the fatigue be bad undergone and the ill state of his health. The House adjourned eaIDAY, AUG. IS. The military assembled round the House this morning at nine o do, k, to the same force as on Thursday, and were agadi stationed in Palace-yard in the different Lvemies leading to the House. The Peers began to assemble slam after nine o'clock, and at ten minutes before ten the Chan sellor entered the House. Prayers were then read by the Bishop of Llandidt. Earl DER BY said he held in hand a petition, signed by between S and 4000 Merchants and others, tohnbitants of Liverpml, against the present Bill of Pains and Penalties, and the course of proceedings adopted as regarded her Majesty. The Petition was read, and ordered to lie on the table. Lord DARLINGTON wished to know if there were any defaulters yesterday. The Cleik stated that Lord Montford was absent. Lord DARLINGTON theta suggested the propriety of calling over the !louse daily, to enforce attendance on this most important occasion. Such a proceeding would super sede the necessity of the regulation suggested yesterday, that every Peer, on entering the House, should write his name. The Peers were then called over, Lord Howe' el, of Wal den, was excused, on account of the death of a near relation. The Bishop of Lincoln could not attend the House, the Reverend Prelate being this day translated to the See of Winchester, and, until his temporalities shalt be restored, his Lordship cannot sit as a Peer. The Marquis of Salisbury was excused on account of illaesss. • The Duke of LEI NsTER presented a Petition signed by au individual describing himself as J. Mills a British Free holder, against the Bill of Pains and Penalties now before the House. Lord HARROWBY said, the Petition which had just been read, went to deny the power of their Lordships, both as a House of Parliament and a Court of Justicature; and be su►mitted that, consistent with their own dignity, they could not receive it. The Duke of LEINSTER concurred in this opinion; he had but recently received the Petition, and bud not an opportunity of reading it. The Petition wits then rejected. 'l•he Order of the Day for hearing Counsel further against the Bill of Pains and Penalties, was then read and agreed to, and the Counsel being called in accordingly, Mr. DENMAN proceeded to address their Lordships; end commenced by contending, that he must be now con sidered as arguing against the principle of the Bill, not as standing for a second reading, but es if now about to be brought. No step, he contended, had yet been taken, and therefore there was at present nothing to retract; no steps to retrace ; but their Lordships might now slop as having done nothing, laud the measure he considered as never having had existence.—On this occasion he was at a loss how to raise a point on which to argue; for, after having read over the preamble of the Bill again and again, with the greatest care and attention, he could discover no charge which it contained against her Majesty. He was at a loss to know whether, in the course which her Majesty's legal advisers bad adopted, they had pursued that likely to be most bene ficial to the interests of their Royal Client; for on this occasion it appeared that only one common lawyer, and one civilian, or two common lawyers, were to be allowed to address their Lordships; and lie doubted much whether the selecting himself us the second Counsel in this great question, which embraced equally common and civil law, vs as wise; having been selected, lino ever, he must discharge his duty to the best of abilities. As to these proceedings, the Secret Committee had been compared to a Grand Jury, f which the present Bill came ; but that was not so, the Bill slid not come fount that Committee ; all tne Secret Committee had douse was to recommend a solemn enquiry, and not a Bill of Degradation That Bill did not come from the Secret C 1111111 l wee, but from au individual Peer.— Who drew the Bid he could not tell; but he could not sup pose the Noble Peer in question was the draftsman.— W higher it was drawn by the Attorney General or not he could not tell, but it would he his duty to examine it as freely its he would a Bull of Indictineist coining from the lowest quarter. The Learned Counsel then proceeded to read and continent on the Preamble of the Bill, which he *Aid described as scandalous, vicious, and wicked, conduct imputed to her Majesty, which tio one had a right to describe uncles those wino. Another objection to this Bill of indict ment, as it was called, was contrary to all other Bills of Jodi( mem, not only the offence charged, hot the evidence in support oldie charge, has been put sel the fare of the Bill. Was it ever known that in a litli of indictment for murder preferred against John Thomas, that as well as setliny 101111 the time mid place of the murder, it also estimated on the Bill that Julio "fhonmas and the deceased had lived on bait terms tor mammy years; that J. Thminiss had beets seen to watch and way-lay the deceased at different inn secs et places and in the stalk. The Bill also set forth other vague charges, founded only on inferences, not stating where the alleged acts took place, sir the evict. lace to support the charges, but leaving it to chance to discover vs bettor the bribes which had linen offered in every quarter which her Royal Highness had visited so largely, iiii h ht nut induce some ba►e mud sordid %stele to present himself to give evi• deuce in salient tof these infi fences. Lastly came the most unfortunate part to this measure.—the climax—the Post script to the lettes—the only senperiant pair of it, namely, the clause for divorcing her Majesty, and giving to his Ziliijesty the power SO coat ract marl time a nth another. (At this peeing of the proceedings her blajesty entered the House, pi eceded by the Usher of the Black Rod, and accompanied as y esirsilay by Lady Assume Hamilton, and took her seat as formerly al her Counsel; the Preis all rising and bowing to lire on her enttance, het Majesty churning the complimem.l THE NATIONAL REGISTER : Ile Learned Counsel then resumed his argument. hat he complained of was, the want of a definite ground, and the introduction of so great a variety of circumstances quite irrelevant to the main fact ; and that was holding out' motive to the passing of the Bill by their Lordships, which never could have had Oilee were the proceedings really judicial. Some of their Lord , lCps might thus be induced to pass the Bill from one motive, and sonic from another; it was impossible that they (the Counsel) conk, apply themselves to all that variety of inducement %%Inch might weigh on their Lordships' minds, when they consi dered. this Bill not on the ground of being a judicial pro ceedon g but on the ground of state necessity and expediency. " In the presence of my royal mistress (said Mr. Denman), permit me to say, in attempting to adopt this which is miscalled the trial of her Majesty, we are departing from all established forms of justice. She asked for a trial by her Peers. She did not desire that a message should be sent down, and papers laid upon the table sealed in green bags. She did nut wish 'Judges should deride on her ease without hearing witnesses exa mined on oath, nor did she wish final judgment to be gives' by him who was desirous of obtaining a separation." He claimed she right of recrimination. It was too obvious the whole object of the Bill was to release his Majesty from the solemn obligation of mat ridge. He might ask the House of Lords in such a case, to look to the hid conduct. Could he prove his wife eloped without his consent? If it should appear that a young and ami able Princess, coming from a foreign country, had Mond her Inisband's • I alienated shortly alter marriage; if, on the death of a beloved child, she was deserted and ob liged to wander in affliction ; if, atter an bloody into the charges against her Majesty, she was acquitted and re ceived by the father of die husband, who never deserted her ; if, sunder the circumstance of a long separation, the husband lied withdrawn all protection ft his wife, be would ask their Lordships whether they could hear such a cane?—lf this Bill was to pi oceed, lie claimed, on behalf of his client, the right of recrimination. This must be so, 11111( . 83 it was said morality was for the low and soot the high. The Bill had the greatest tendency to produce a disputed soicreasimi. Suppose his Majesty was to marry again and have a child, would the e nut be doubts of the validity of such a marriage? The case of Mary, daughter at Queen Catherine, and lib:Aiello, daughter of Astute de Bottleyn, proved that marriages which did not please the people would always bring doubt; upon the legitimacy of the offspring. Bills of this der.cription opened, as it were, an office for scandal; and if the House took the Crown from the Queen on the ground stated in the Bill, they might be bound to visit the heir apparent with flue same justice.—He called on the Lords to pause before they gave PAM Lion to such a Bill. It would appear, by reference to history, that the French revolution was pre ceded by accusations against the Queen, of the most dis gusting character. What effect it would have on this country time would spew. lie contended that the Queen, as a woman, was entitled to the most delicate attention from their Lordships. He concluded by requesting the Lords to consider what ought to be the married stale, as between husband and wife. Inquiry in this instance could produce sin good 'feet. His royal client disclaimed any wish to shrink from fair trial ; but to a Bill of Pales and Penalties she protested. She had no opportunity of knowing the witnesses, as in case of indictment. He for one would never give up those sentiments of homage due to her Majesty's rank and elevated mind. He should never fail in the duty he owed to the Laws of God and Man. The Ql/6101 then withdrew. _ _ The ATI ; ORNEY GENERAL rose at a quarter before one o'clock to address the House. He commenced by complaining that the learned Counsel for the QOCCO had deviated from the question on which they were allowed to he heard. They were to be heard on the principle of the Bill, ye they had gone into the origin of the Bill, appeal ing to the passions of their Lordships, and introducing calumnious statemeuts. The Honse had the advantage of the assistance of the Judges of the laud, who would see that no vague uncertain evidence was received. He defied his Learned Friends to find a case to prove that impeachment was a proper mode of proceeding.— He should abuse the duty int, usted to him, if he esidea vonred, in that stage of the Bill, to expatiate on the enor mity of the charges, or allude to the evidence it: support of them. He should not comment on the disgusting lice• lions scenes to be exhibited. His Learned Friends might with impunity taise the name of the Queen, which never ought to have been mentioned, but they should never ellieit from him any observation upon topics which ought not to be introduced until the proper period arrived. He detimded the principle of the Bill as applicable to the case of her Majesty, who could nut be proceeded against by impeachment. He disclaimed any appeal to the pas. alone Lords ; straight forward language, without re. gaud to popular clamour, was the best mode of pi (weeding. The decision of the House of Lords would no doubt satisfy the meatiest/10*cl of the realm. The SOLICITOR-GENERAL next rose. He partook of the objection made by the Attorney-General to the line of conduct adopted by his teamed fi jeer's on the other side. Instead of consiilm Mg a dry grave question, his learned friends had indulged in inv cot% e. Wiuhuut evidence, but relying on their own aspersions, they had put themselves iii the simulations el accusers of all persons concerned in directing these pruceediegs.—The Solicitor. General then went over the same gsouud as the Auto ney- General, without eliciting any thing new. [At the rouclusion of the Solicitor-General's speech, the Queen again entered the House I Mr. BROUGHAM, in reply, said. the main argument of the A itorsiey-Gencral went to prove, that .lie chat gee against her Majesty were such as could nut be proceeded 1111 l unless they adopted a Bill of Pains and Penalties, which they considered a Bill of Diviner.. lie allowed it to be such, but lie called on his learned friend to spew him a single instance in which Parliament was found legis lating away a marriage without being called upon for that 'impose by the iujiired patty Mr. B. then deprecated the Solicitor-General's code of morality, which led him to deprecate the :ninthly in a Princess Is than in a Prince. He disclaimed ititentimi, in what he bad said upon that subject, to wound the delicacy of any Id anch of the royal tautly and concluded by rzpremmig his belief that their Lot riships would du strict justice. Musto• TO *TAY PROCk:EDIIiGS ON TIIE KING rose, and said it was his intention now to propose a resolution to their lordslisps to this *glees, viz. that it is not necessary either tor Use mitotic ii,itety, or the wit tily of the 'Government, that this bill should pairs iuto law. Earl GRIA Said that the impression made apart his 267 mind, by what he had heard in the the Counsel, was very strong against proeeeding woos , . he Hill. He therefore wished that time should now Le given to their Lordships to consider what ought to be done upon this proposition. He therefore hoped he 'would not be considered as asking too much of his noble ft iend to post pone his motion WI to-usot row, when their Lordships would all come better prepared for the discussion. If he wets now forced to come to a decision, he twist say that lie so strongly felt all the inconvenience of the course in which they were engaged, that he should certainly be mooch disposed to adopt some other mode than a Bill of Pains and Penalties. Lord KING intimated his willingness to postpone bis motion WI to-morrow. The Earl of LIVERPOOL was willing to consent to the delay proposed, but thought that the debate ought now to be commenced, by, at least, placing the 'imposi tion before their Lordships: they might then adjourn the debate until to-uturruw. Luid KING, in compliance with this recommendation, moved the hollowing resolution—"'That it is the op of this House that it is nut liCCenblay to 1111 , public satety, nor the security of the Government, to 'hiss this Hill." The debate was then postponed until to-morrow morns iug, to which time the House adjourned. THE MINORITY IN THE HOUSE OF LORDS, FOR STOPPING ALL PROCEEDINGS AGAINST TILE ULMER, AUGUST 17. Duke of Leinster, Earl Fortescue, Vi..c. King, Somerset, Carnarvon, & Say and Sele. Bedford, Grosvenor, LordsG wydir„ Argyle, Thanes, Cliften, Hamilton, Cowper, Auckland, St. Alban's, Ilchester, Dundas, Marti. of Dowthhire, Oxford, nacre, Earl of Essex, Vise. Anson, Belhaven, Darnley, & Duncan, Sondes, Jersey, Lords Bolingbroke, Ducie, Albemarle, Downes Holland, Suffolk, Torrington, Hawke, Besborough Hood, Foley. Stanhope, Kenyon, FROM TUESDAY .VIGII1"S GAZETTE. BANKRUPTS. T. Faulkner. Hayes CO;;4l.eicerster:tiquare, straw hat manu facturer. Solicitors. Messrs. Courteen and Robinson. Walbrook. . C. Rudd. Law Hat, Lancashire, woollen manufacturer. Sol. Mr. Chippendale. Crane Court, Fleet Street. H. Taylor. Manchester. and E. Taylor, Blackley, calico printers. Sol. Mr. Ellis, Chancery Lane. R. A. Smith, Sheffield. grocer. Sol. Mr. Battye, Chancery Lane. J. Gunby, Birmingham, sword maker. Sods. Messrs. Sturdy' and Co., Crane Court, Fleet Street. J. Alilthorp, Put Ovens, York, clothier. Sol. Mr. Edmunds, Lincoln's Inn. J. Newbold, Leamington Priors, Warwickshire, butcher. Sol. Mr. Platt, New Boswell Court. J. Armitage. Birmingham, saw maker. Sols. Messrs. Boun. field and Williams, Bouverie Street, Fleet Street. W. Wood, Holine Farm, near Wetherby, Yorkshire, cattle jobber. Sol. Mr. Wiglesworth, Gray's Inn. W. Goldsworthy, Sun Tavern Fields, Middlesex, ropemaker. Sol. Mr. Heard, Htioper's Square, Leman Street, Goodman's Fields. 1. Jacobs, Bristol, glass manufacturer. Sole. Messrs. Adling ton and Gregory. Bedford Row. R. W. Coupland, Bridlington Quay, Yorkshire, linen draper. Sol. Mr. Batty; Chancery Lane. DIVIDENDS. Sept. 5. R. Collins, Nlaidstone, dealer in hops-43, J. Bailey, London Wall, coachin.,ker-5, W. Green. Albion Mace, Kings. land Road, underwriter-9, J. Browne and .1. Gregson, Liver pool, upholstercrs-7, J. Guardner. Alapleborough Green, Warwickshire, dealer-1 i. .1. Rothwell, Arnold, Nottingham. hosier—le, A. Aaron, Plymouth Dock, silversmiC,—S, W. Parker, Bridgwater. mobster-9, W. Watts. Gosport, victualler —l5, .1. Weston, Liverpool. merchant-9, L. H. Standish, Bishopsgate Street Without, straw hat manufacturer-9, W. Mitchell Regent's Dock. Poplar. ship builder-7. W. Fletcher, Wolverhampton, ironmonger -14, P. Leigh, Haslington, Cheshire, tanner. CERTIFICATES to be granted Sept. 5. W. Walker. Worthy, Yorkshire. merchant—F. Kendrick, Holborn. linen draper—W. Tennant, Liverpool, tailor—J. Jack son, Leeds, merchant—J. Shelley, Hanley, Staffordshire, shop keeper—R. Bibby, Liverpool, merchant—M. Peake, Hands. worth, Staffintlshire, merchant—J. Scott, Fore Street, corn dealer—S. Sadler, Birmingham, pump maker. A passage in her Majesty's letter to the King says —" When bereft, forlorn, and broken-hearted by the death of her child, this was the moment, as her Majesty declares, ' which was chosen tin. redoubling the persecutions sgainst her.' " Numerous facts, in the long catalogue of disgraceful operations abroad, might be cited to prove the correctness of the state ment of her Majesty as to this point ; but what do we want more than this—that, in the superscription on the ctiffin if her child, which contained the names of the illustrious persons from whom she had descend ed, the name of her mother was omitted What stab more cruel than this was ever given to a mother's heart ? Let the people of England say what her feelings must have been when she, in reading the English papers, saw this proof of the obduracy and malice of her enemies ? Many persons entertain an erroneous notion with respect to the proceedings against the Queen.-- The fact is, that should the l'uins and Penalties Bill puss the House of Lords, it must be sent to the House of Commons for their approval, amid go through the same stages as any ordinary Bill in Parliament—if not arrested in its progross by a majority. In the latter case it will of course fall to the ground, and be a nullity. A temporary bed has been erected at the Foreign Office for Lord Castlereagh, where his Lordship will sleep occasionally when in town, during the t end ing trial of her Majesty. His house in Sr. James's Square continues closely shut up, and tlw a inflow shutters arc all closed from the basement :o the I attic.