The Statesman. — London, England, 1820-07-25 00:00:00

atoLet,t_ =I = T - .-----... ---....r.,1 111:1=11V -. . ..-p-- - -----....- ~ _.._____ ___ _ per ('Pli ; . r . ~...„,4,lk , inv,. .. ..... • ... ~,...• -,.• ;,,-,.„..; .. . .... . • ~.• p i • • ill b A. 4 ,: y . . .. . . 0 -t• I s LON DON, TUESDAY, JULY 25, 1820. - No• 4780. SICHNIQUIR BILL OFFICE, NIA July, 1990. TO $E PAID orp. An &chequer Bills dated in the Months of October, Sereteber. and December, ISIS, wed January, Fehrosary. owl March, 1819, rte.:— Supply. ISIS ....Z30.000,000. Ditto T . Loris Omminissioners of his Majesty's 7', ca. may haring Own direction, for paying of the Prin. ositf • abovo-amiltiotsed Exchequer BM, with. the In.. toddle therms, at the Exehopser Bill Office in the Re. I n o gorinriser, New Palace-yard, IVesteninster. *a pidey, the leDs day of Assiut, MVO. Attendance will be ore , d a y, OtUadoari and holidays eseepted until, and se l i diny hNsday. the 140 s.Anguat, 1010, frame Tea in the mri bv,till Ow is the qfternoon. for the purpose of re- A rarat maw ; and, _tier the rooky dispatch, hit towel / the said Bills are desired to place each de-1 c oo s if Bills in separate Lists (which are to be *g o d at this Office), classing them is the order of tAglr ro yestire dates, sack as are for the same ansonal wi y onaorieaily arranged, and specifying the prim top was and interest due thereon, computed from, hl weirdiay the days °amide* they are respeclirely dated, M the said Nth day of Augers (isclasire , whea the Interest AO maw ; and the said hearers, should they be acting us the dpemts 9( Holders, whose names are inserted in the Mils. we yenisessly to procure the endorsements of inset% I folderv; ad the Bearer, are also indispensably required to indorse east Bill with their weal signatures ; and to write their tuna and resideste at the bottom of their List ; and they we wormer required to attend the Ezeiseqaer Bill Office *Payment, and to receive the New Bills, and gin the Beeelpte for the same. Vasty of the Holders of the aforesaid Bills should be deviross of receiring Payment qf the Principal and Interest, previous to the said 11th day of August, they may be accom modated an compatiag the interest to the day on which they Mai to be paid. and leering the said Bills for examination one day prior thereto. Seta Persons as may be desirous of baring New Ezell,- per Bills, in whole or in part of payment of principal, upon ;narking New Bills, and aunt losing Ike easored al Ike Wont of their Lists delivered on or before Monday de 141 A dispol, may be accommodated wilA New BIM, payable to or Order. merging an interest of Two-pence ey, *day, as every One Hundred Pounds. which said New Bids WU bear dabs the said 19th day of August, aid refit br *N.,* Wither WO the interest dee is respect of the Ms to desired to k exchanged. on Satneday, the 19th day (Avid, and the fallowing days. The tstherser Ws to be issued fa esehange and wad* mate to or Order, at abasie-rae;Sliesed, may be elder bang erred by eissforseasead, ar ea be Paid te 010•411141010* in wet be Ptah* .1. a istasfilio 1 dated prier to October, MIS, blessitreetteed to be petit of NSW SCHOOL BOOK. This day wu published, its one Volume itiolo. with 150 Portraits, price 6s. &I bound, THI BIOGRAPHICAL CLASS BOOR, or 365 Lives if the most eminent Men of all Nations. from HOMIER to ARTHUR YOUNG, designed es Resding Les son% for Schools for ever/ Day In the Year, on the plan of Blair's otheirable Class Rook. By the Rer. J. GOLDSMITH. Author of the Grammar of General Geography, of the British Empire, of Geographies) Illustrations, Copy Books, he. Le. The value of Biography in a moral. didactic, and histori. el seen, is so geeerally felt, that it is unnecessary to expa tiate ea the peculiar claims of this new Class Book to Pa tronises universal as that which has been experienced by its ihtinguldted Predecessor. Trie Portraits are a fea ture of great novelty sad interest, and here been eagreved !jib meek spirit, airily from Antique Busts sad Original Picture.. Printed for Sir Rickard PklUirs and Co., and to be had of all Iloo►sellers. Of whom may be bed the various GROORAPHICILL WORKS of the same Author, with*. full allowance to Schools ; par tiesterty a 04OV end improved Edition of the same Author's GRAMMAR Of bRITISH GEOORAPH Y, with WO Maps aad Views. at is. Jest published, price Ba. is boards, RPECIMIMIS OF SYSTEMATIC MISRULE; or, Inboanse Hams annually expended la upholding a • Discoveries of the highest importasee to ; and injustice perpetrated for Ret ies@ et State; from 011eialProceedings and Correa of As Illiaisters of the Crown, the Priv) Cornell, trll:er:I et ?file, the Levant Company, &e. &c. Re. ; sod Reports of Canaillitas it the Hone of Commons, and of the College of Phyddiust, bring an Investigation protracted for a period of .salty rosy Years; Illastrstive of the real remote cause WIN As Distresses of the Nation, and of their sole silkiest liewady. "Ilossiddig is rotten in the Slate of Denmark."— Hamlet, se I. pesos iv. y CHARLES MACLRAN. M. D. Loads": sold by T. Dolb;, NC strand, sad all other lissiutalers. Lumina's Jmenn still trkNolall In the seed Wiest meows, by public voice deemed! T I ARNDSR.S and Company, sole Proprietors of • the reel Imperial Japes Blotting, duly appreciating the hamr coeferred ea them is the decided pteteresee gives to their Ankle of Manefacture, by a generous and &s -eers/mg Public 6 leave to tender lb* homage of their most Voted Havleg been graciously pm- Itemised hy bigeoyal Higheess the Prises Regent. they are taw pissed le the least Amalie' of Blackleg Menu vasteriet to y, mod have la oomesqmeeee altered their out the bottles.!!. Me Royal Arms for "la." en* and more particularly to mart the dis timetioe, their amass will hepsibrdi Wow ea me labs ' la lisirrruut immense The shove ioestiamble Composition is still proposed and sold Wholesale, at their Origins! Wareham, No. 0. Ship - Neer, Templellar, Lantse (Meth is Liquid and Paste). at lohowls; Rime, vie. he Wiles at ed. 10d. 1101. mad Is. °Pal as i g a ll* uspoireppmWed Royal Boor -Ter blet.te; sad by all respectable Shopkeepers le the uellel K • THE COMM" BALM of GILEAD enriches the blond witheetWiterisi It ; brims "Mom Misidolded too violently tin t frees end dlabeethum Ms th efts mvil OW ; reliant staiterstioon. ureillitkvin tin . Nid btlitge beg Om mireske Ohm t• their ash lllll.-41dhl he MOW it lb. " 4 no• yank litPr I. _XV !triad : Nelms and G. M I Otturd-strvet t Rilt. MIK Whom ; Mr. *treats,. Mo)ii I t t eimP ; sod iliMedleise traders is the kingdom. " The Cause for which HAMPDEA' fell in the Field, end SYDNEY died on the Seafold!" LIIPERIAL PARLIA.VENT. to listen to the Petitions presented to you, and the anomaly maid have been ended. Had the Queen been gusated the list of the witnesses formerly asked, and the places of supposed guilt, as now requested, the ease might have proceeded like any other trial, but by refusing both, your proceeding is like none that ever existed upon earth. My Lords, I bare no leaning or bias in the raso before us, except that which has been the uniform bias of a long life spent in the admini- I stratio■ cif justice, and which will never cease, I hope,' till death. I cannot be mistaken i■ the principles of law, an their-analogies are too manifest to be mis taken ; l therefore move that the Petition be re• ceived. —.oft- • • HOUSE OF LORDS, MossaT, JbLy 44. The House proceeded in Appeals. The Oaths were administered to Lord Manners and Lord Combermere. The Royal Assent was notified by Commission to the Royal Family Bill, the Appropriation Bill, the Alien Bill, the late King's Servants' Bill, the Bank Notes Bill, Tonskins' Lottery Bill, Pellew's Divorce Bill, and a uumher of others, in all 51. • The Commissioners were the Lord Chancellor, the Duke of Montrose, and the Itial of Shaftesbury. ,The Insolvent Debtors' Bill and the Court of Chan cery (Ireland) Bill were read a third time and passed, with anaemic/ pm. Stmngera were excludia for sometime, we believe, whilst the Committee respecting the attendance and accommodation of Peers, &r. on the 17th August, were examining the Douse, attended by Mr. Soane, the ar chitect, for the purpose of ascertaining what altera tion. it would be necessary to make. After an inter val strangers were again admitted. The Loan CHANCELLOR said, there could be no questiotk 4 of course, as Os esseniglig w : but he had Spardewith considinolliO asrprine Mlle part of what lied been urged by ilia SAN sad Learned Friend. Would his Noble and Lusened Friend, af ter his Tong, and he (Lord Eldon) must add, his Il lustrious professional life, point oat any instance in which what was now sought by this Petition had been granted, namely, a spacifieation of the differ ent places at which the offences charged were alleged to be slowwitted ? So far from any specification of places or times being given, the fact was, that in in dictments for high treason a plate was merely named as a venue to give the Court jurisdiction; and then, on the part pf the prosecution, proof was allowed as to acts aE this accused in any place, not only in the same county, but in any other county. In eases of adultery also, no specileation of times or plates was ever given, but proof was allowed of any act of adul tery wherever committed. Equally naiweeessfal mast his Noble and Lana *lend he in drawing any analogy from the proceedings in Parliament, for in no case was there to be (mind any precedent of a si milar application having been complied with. With out any authority, therefore, derived from the ana logics ot law, or any sanction from the usages of Parliament, which, in fact, formed the law of Parli a he could discover so ground upon which this a3 l lretiots ought to be granted. lie wished it to be distihetly understood, that, with regard to this case, he was only anxious to do his duty in the situation in which he was placed, and a material part of that duty was to point oat to their Lordships in what respect any motion to which their attention was called was cuatrary to the usage and practice of Parliament. Lord HOLLAND.—Witbout, my Lords, going into the question of the analogies of law, upon which sub ject the Noble and Learned Lord is andoubtelly much bitter informed than myself, I may be allotted to call THE QUEEN. Lord FAIIIIIIINE,-31y Lords, 1 have just re ceived from Dr. Lushington, who has leave from else House of Commons to appear at the bar of this House as one of the counwl for the Queen, a Petition from her Majesty, which I have been requested to pre sent, and which I do most willingly, because it con tains a most just and reasonable request. I will read it to your Lordships myself before 1 ask you to accept it, "The Queen laments, my Loris, that this House has deemed it proper to refuse her application for a list of witnesses to be examined in support of the 11111 of devadation and dissolution of marriage, thus lea,- isig her Majesty and her legal advisers in total igno ranee of the times and places to which the charges may relate, or the persons by whose testimony the allega tions on the Bill are intended to he reported." This is only preface, she does not call upon your Lordships to reconsider this decision, but contents herself with lamenting it, and comes with a new request. This is just my own situation—l exercised my privilege as a Peer, and did, as I thought and still think, a duty to my country by asking your Lordships a few days ago to give the list of witnesses as requested, but your Lordships having refused it, I most not now put my individual opinion against the judgment of the House, but I bare a right to express that I deeply lament it. Iler Majesty then goes on to ask a specification of the places in which the criminal acts are charged to hare been committed, be forthwith &livered ; for if this be dialed, it will be bopootible to be proporog to moot the aecosation. `prat loads' atteetioa IA the immediate in poor Parliamentary practice, in all of which, Ante the Re► volution, I believe it will be found that a more en larged specification of charges was given in the pre amble than in the Bill now before the House. This will be found o be the case in the Bills of Pains and Penalties against Bishops Atterbury, Plunket, and Kelly, in all of which the specification is more dis tinct and more at length them ht the present Bill. I take it fur granted that the Noble and Learned Lord meant to confine his precedents to Bills of Attainder and Bills of Pains and Penalties. otherwise with re gard/ft proceedings by impeachment, there can be no doubt that a mach more enlarged specification of charges has been given in them than there is in the present Bill, and 1 have no hesitation in giving it as my opinion, that an impeachment confined to the mere limit of charge contained in the present Bill, would not be considered in this Bosse as sufficient to call upon the defendant to answer. But without going ant• further into analogies, I contend, that upon every, principle of impartial justice, the request contain ed in this Petition ought to be complied with. It is true that some difficulty may arise with regard to' it, the Secret Committee to whom the sealed bag of papers were .efo.red being now/eaters officio, and no loafer iu existence. And spots this point it be comes a curious question in what way, or trim what quarter, the Attorney Lieseral. or his Representatives arc to he instructed with regard to the case for the prosecution. or how they are to become acquainted with the contents of the Green Bag. As. however, a list of the witnesses had been refused to the Queen, your Lordships sorely cannot refuse to grant. her the smaller facility of a specification of the places where the acts of criminality are alleged to have beets com mitted ; it seems to.me that such a proceeding is rail ed for by impartial justice, the only principle to which we ought to look I. this anomalous case. The Earl of &emirs/tn.—l am unable, my Lords, to discover any mascot or analogy applicable to this proceeding, which can authorise the complying with the application contained in the Petition. I perfectly agree with t►e Noble Lord that wrought ouly to look t o i m p ar tial justice; but let us consider bow the case stands. The Secret Committee having made their Report, I, as Member of the Executive Government, brought in the Bill which 'is now before the House. Your Lordships must recollect that no simmer had the Bill been brought ia, than her Majesty petitioned that we should proceed to hear the ease forthwith ; there was no application fur any list of witnesses, or speciti esti°a of places. but we were called upon to hear the case forthwith. It is in compliance with this request on-the part of her Majesty that your Lordships have appointed the earliest day for that hearing that is con ' sisteat with the ends of justice, for if it is not oboe ' solately amonaary, it is at least highly proper that the I Judge% or some of thaw ghoul attend during the henna, oldie we. It is, therefiree obvious. that her Majesty, by calling for as immediate hearing, did not consider either a list of witaseres or a specification of places at at all essential to her detract. With regard to the objection of the preamble of the 818, that it dues not cassaba specific charges as to time and phew, It should be reeolleciesi, that it is not coalksed to any specific act of adultery. but that it charges an 'Wa itrons intercourse coatinsally kept up far a consider able period, and which therefore easiest, from its " CAROLINR R. "To TEE Loo kIPIIIITUAZ .LIM TEMPORAL IN PARLlA- SIENT ASSEMBLED. " The Queen lanionisthattheilbese of Lords have deemed it proper to refuse her application for a list of the witnesses to be examined in support of the Rill of Degradation sod Dissolution of Marriage, thus leaving her Nlajesty and her legal advisers in total ignorance as to the time or place to which the charges may relate, or the persons by whose tes timony the allegations in the Bill are intended to be sup ported. Her Majesty now submits to the House of Lords that a specification of the place or places to which the crimiul acts are charged to have been committed should forthwith be furnished to her Majesty's Attorney General, fur if this be denied, it will be impossible to be prepared to to meet the acensation, or to take preliminary seamen for providing defensive evidence against the charges witibeat bringing from every place her Majesty has sisitiefierlng the last six years every witness who had an) means of ob serving her Majesty's conduct. Her Nlajesti *either de- Ares to be heard by her Counsel and Agent at your Lord ships' Bar, is support of this her request. " This last part of the Petition I hope you will only not grant, by yielding to the request of your men free grace. My Lords if von refuse it, believe me, the House will suffer indelibly in its character and ho nour, which has stood so high for ages, and enabled it to support In public opinion all the other tribunals of justice. As her Majesty asks only a specification of the places to which the evidence is to apply against her, we have no concern now with the indulgences of the Statute of Treason, nothing more being asked than the universal analogies of law. No crime whatsoever can be charged without specifying the place where committed, and the arts charged are almost univer sally facts of so limited and so notorious a character, that the accused has an immediate and satisfactory acquaintance with the evidence that is to be pea danced ; but the allegations of the Bill before us are spread over the space of six years, in places remotely distant from each other, so that without the specifi cation of the places, it is utterly impossible that any kind of defence can be made. The only answer that has been given to this objection is, that when the ac cusing testimony has been heard, the House would consent to a long adjournment, till the witnesses for her Majesty should be collected ; but I reminded your Lordships, when I mored for the list of the wit nesses, that this would be only an insulting mockery of justice. What, toy Lords, do you mean by arous ing evidence, when no clue is furnished fur their ex aminations by the accused ? !row can she impeach their testimony, when she is an ptter stranger to their very existence, till she sees and hears them in the House, and thus naintpeaelted testimony, however ut terly unfounded, goes forth from one end of the island to the other,affects the minds of the people, and comes back again upon your Lordships yourselves to affect your own judgments before you enter upon the de fence. What right, My Lords, have you to eessider yourselves as superior to the infirmities of human na ture, which are tkelimintlation of all the wise end humane provisions other law ? Are you hamster se better thee juries, who are not suffered to communi cate even with their ow. families until their verdict is delivered ? Are you aims, In be trusted, and to go forth into the very Coast of the King. who is the la pilli and properly licensing party in the nest ? Ido int seek to tecereile differences between the Horse of .Lords and tbe other *Maas's, where the anomaly of your jorisdietima can te averted ; but you bad only PRICE SEVEN PIPICR. nature, be limited to any particular time or place. It should also be recollected. and particularly when ana• login of law are referred to, that the Queen in this ease will have advantages which are not granted to any I individual in a Court of Law, in the i n t erva l w hi c h most be allowed, if her Majesty requires it, between the doer of the case for the intuition and the defence, there being no instance in any Court of Law of such an interval being granted between the case for the ;mi -1 seention and the defence, nor is it at all consistent a UR the principles of justice. The Noble and Learned Lord says, that we shall separate after heating the case for the accusation, and be liable to ipshibe prejudices in the interval between the close of that case, and the commencenient of the case for the defence. Ail I can say in answer to this is, that it is of the very %stun of the proceedings of this House, that it should in all eases separate Enna day to day t and illitatiC. I am not wanting of nese of imposabsesit, where the ch f:nce has been heard a eunsideralde perlatither the cas • for the prosecution, one inmate where the Wow heard the charge in one Session, and the defence it another. This is of the very necessity of the case, and how is the modern practice with regard to Juries f The necessity of the case healed to the allowing Juries to separate from day to day pending the case under trial. With regard to the course of proceeding. th • opening of the Attorney-General will furnish to the Queen's Counsel all the points of the case for the pro *tendon, and with the interval which must be allowed for preparing the defence, it must be allowed by every one that the ends of justice will be fully attained, whatever may be the result. Under all these (intim stances, therefore, with the desire of the Queen, ex pressed to this House, that we should proceed forth w.th, and with the assertion of one of her Majes'y'l Advocates (it might, perhaps, be a figure of speech) that he knew all the contents of the Oren Bag and from whmee the! were derived, I can see no gruuud fir agreeing to this application. As to Divorce Bill., it is well known that this House is not precluded fruits 'remising witnesses as to sets of adultery which wit: never given in evidence, either in the Ecclesiastical Court or in the action in a Court of Law ; the anelou , therefore, on this gronnd wholly fails. Lord Kiss urged the House to comply with the re quest of the Petition, for though it might be necessary, in some eases, to proceed by Bill, still they ought ts.it xi * to reftise so grant to the accused every feeillt pf de fence. Impartial justice would, no / ionbt, be done, hat they ought nevertheles s to a v oid . pearance of injustice. Such an appearance of ininx tice in public opinion, must be the result of refutin; this application., and timeline, he contended that it prayer of tise 'I he Earl BATHURST maintained, that it would Lc utterly useless to the Queen to grant the prayer of as, Petition, as it would be impossible for her, between this and the 17th of August to make any inquiry re o.rding the witnesses that could be of the least ser vice to her cause. It would, therefore, be useless :-e to any purpose of justice to comply with the prayer 4.1 the Petition, whilst every facility would be afforded to the Queen, for the purpose of making her defence. Lord Easettes.---Ir Lords, as I bare no motion now to make, but that her Majesty's Counsel be called in, I should net have troubled you with any further observations, except that I feel myself bound to .r -ewer the questions of my Noble and Learned on the W..olsjeck, which I answer thus every in dictment the place most be mentioned, and the pro cise nature and quality of the offence, and as the of fence is not only within the realm but in some v. ry limited local joy isoliction, no doubt can remain as to where committed, or how to be proved. wh here it is a series of conduct for six years, instead of a sio gle act, and in countries widely distant. The ?ios.le Lord opposite truly says, that it is not as osery fact of of adultery, bat indecent and suspicions demeanor in various places; but does not that render it more ne cessary to collect witnesses to prove what her general conduct has been, for how else can a behaviour of six years be supported, if unknown witnesses sae pounce upon her in the absence of those who might contra dict them ? The Noble Earl, who always speaks with great ability and skill, also says, that even Ire (fie ro:- • elesiastiral Courts, in suits for a divorce, Merritt evi dence may be given at the Bar here, than bad appeared either iu Doctors' Commons, or against the adelteret in the Courts. A new rase, be says, might be made here. To that I can only reply, by asking if the No ble Lord can instance any such case ? lam sure he cannot. If the evidence against the adulterer were not sufficient, nor that in the Commons, did any one ever here of a Bill to divorce upon evidence never given before? lam confident that so such ease ever happened, or ever will. A Noble Earl who spoke. last, for whom I am sure I entertain great pm,* respect, has endeavoured to shew, that g r a m request of her hiajesty would be of no use to her ; Vat are we to judge of that and refine her the option of judging for herself? The Noble Earl ought to have skews that the granting her request would disaap point the justice of the case, she is called upon to so wer. Shew toe this; my Lords, and lam sikot. Has this been attempted either to-night, 'et when the list of the witnesses was refused? or has it been shear. that the evidence for the Bill ought to prevail, if she is denied the opportunity of their croes-ezasnination ? the. the evideare for the Bill is finished, and the Queen, after an adjournment, has collected her wit nesses, can their original examination be resumed ? Suck a thing was never beard lAL: In short. my Lords, oar proceedings have created a great eessation through out the whole cluster, which your Lordships *Whew. hereafter so lamest i Main sow only to sae*, that her Majesty's Conueel be sallied to die Sat in typoet , . of her Petition. The Home here divided, nit be nunibers were— For the wooden, If; Aphid It, 87--Majority. Ito. Adjourned. , t ~~ C. ~, . r ... r 4 1 !-