The National Register. — London, England, 1820-11-05 00:00:00

ings. Before the commencement of this business, and on the death of his late Majesty he was at some distance from town, and heard with surptier, that th e mist s tep that was taken was to strike the name of her Majesty out of the Liturgy, sail thus deprive her of the Prayers of the Chinch! And yet the Learned Lord on the woolsack, who had just eat down, had declared, that no person should lie presumed guilty before trial, and that the scales of Justice should be held even! However much lie might condemn such a proceeding, he certeinly then thought that the Ministers most More had so strong a case against her Majesty, as to reader her guilt evident beyond the possibility of a doubt. Whe Ite came to the House, lie found laying on their Lordships' table the isifurmatious on which this inquiry had been founded ; and a deter a lien to proceed by a Hill oh Pains and Penalties, because as was stated by a Noble Earl opposite, the crime of adidiery was not treason, when committed by a foreigner beyond seas. The charges bed been sent down to the House of Commons, where they refused to inquire into them I and would any man now say a Bill of Pains and Penalties was the sootier mode of proceeding, when the House of Commons refused to proceed in the inquiry at all d Tha House of Commons came to a resolution, that such an inquiry was derogatory to the honour of the Crown, and injurious to the morals of the people. When this resolution had passed, the House immediately deter mined to address her Itasjesty, to accept the terms offered her of a comproliiii.e ; but she, with that ti tttttt ess and consciuustitssuf 111110C1'11C0 which she possessed, date mined upon patting herself on her trial in the douse of Lords. What should have been the duty of Ululate's, but to restore her Majesty's 1141110 to the Liturgy, and. according to the recommendetion of the Noble Lord on the woolsack, antler no prejudice to go against her Ma jesty until she was proved guilty. Would tt be said Ilia depriving the Queen of the Prayers of a whale people was not declaring her guilty—it was doing more—it was p ' king her! What were their Lordships doing now— debating on reading the bill a second time, only to read ii a third time, and then send it down to the Commons that had ulseady decided against all inquiry on the subject.— He (Loud Erskine) was afraid of the consequences of the two Houses being at issue on this question. The House of Commons were the Represeutatives of the Peo ple; and, after they had declared that there was uo grossed fur impeachment or inquiry, but that they be lieved the Queen innocent, how could their Lordships send that bill down to them mid request they would ou quire into what they had previously decided not to inquire? The Noble Lord contended, that tiler• was no ground for preceding by a Hill of Pains met Penalties, since the charge against her Majesty was a high crime and misde meanour, fur which she might hare been tried by cousti link/seal means. As this had not been the case, it he believed the Queen as guilty as from the evidence he believed her i 111 l ecent, lie would vote egeinst the bill, because an unconstitutional mode of proceeding was adopted, where a cutedittuional one Was open. 1 must said the Noble Lord (Erskine) soon ter aaa aa ate my life; but happy shall 1 be it I die advueal Mg those great constitutional principles, the vindicating ut which, in earl, life, raised me Ii the raid , of au 1111011/1i —The Lord Chancellor had stated that the fact of adulterous intercourse was the only one to be considered he denied this. The Noble Lord teen preceded to read the preamble of the and to comment on me gross indecencies with which she was charged for sonic years, and in varioas countries t and yet this sweeping ace 1164141011 hail dwindled down to a ceargeof her sleep ing on deck on board a polatxa, attended by her chamberlain, and this only sworn to by two witnesses, who did not even tie. clue, that they had any suspicion of a criminal intercourse having taken place. Tne Noble Lord then proceeded to com ment on the evidence of Dumont. which tie said. was not ea. titled to credit, and declared, mat lie wished lie lad die Queen's case in the lower Courts before one of the Judges. if adultery bad been the object of the parties, who could imagine that they would have exchanged the ounvenient concealment below lot an open tent 011 deck, where they must be exposed to general obser vation and intrusicn ? No person on earth could have thought of attempting an intercourse under such circumstances. It would be observed, too, that there had been no mystery about her Misiesty's coeduct—no impression of that sort had been produced. Here the Noble Lord exhibited symptoms of strong indisposi tion, and a pause of a minute or two took place. His Lordship then attempted to resume, but after a few words, sunk down as in a faint. He was caught in his fall by sonic of the Peers near him; the windows well opened, and a glass of water brought ; bat his Lordship continued so ill, that lie was obliged to be borne out of the House by Lords Grey, Carnsrvon, and Holland. Lord LAUDERDALE suggested that the House should adjourn for a quarter of an hour. The House adjourned accordingly. On die House resuming, The LORD CHANCELLOR said thst he could not allow the debate to go farther without saying a word in explanation. His Noble and Learned Friend (Lord Erskine), whose absence, and the cause of it, no man more sincerely lamented, had argued as if he (the Lord Chancellor) had stated that the case on board the Pulatea Mimed the whole ease for the prosecution. lie had said no such thing, All he had meant to say w.ls, that that case alone had ndlierd to determine his individual judgment. There were a great many lesser circumstances on winch he had offered no opinion, but which undoubtedly might have weight with many of their Lcrtlslii.m. Lord LAUDERDALE now proceeded to address the:r Lord. ships. He .hutted to the report of his being sett out Governer to India, declared its falsehood, professed himself entirely unpre judiced, and then went on at great length in a style so strongly resembling the Lord Chancellor's spate'', that If we were not convinced the thing were impossible, we should have supposed the two speechisi had been arranged at a cabinet dinner. The Earl of ItOSEBEItRY thought that this was a case in which no Peer ought to give a silent vote; and he hoped the House would accept this as his apology tie the tew words lie had to say upon it. Notwithstanding all he ;lad heard, lie could not reconcile it to his honour and conscience as a Juryman fi give his assent to the passing of the Hull. On attentively considering the whole facts and circumstances of the case, tie could not say that he sus convinced of the existence of that adulterous inter. course, without a fah cdt.viction ot *loch, as their i.ohlships had been well told by Noble and Lcarncu lant: on the Weutstie::, nu Lord ute:ln to give in, vote for the Bill. But he thot:glit ton House were bounu to extend their views beyond the mac facts ot• the case. He trusted that they wouid nut be iuducerl by any tiling Mut had Wien from the Noble Lord 081 me cross be.icii !Lord Lauderdale), to ettc:ude limn their col sidelaCon Cie pos sib.lity ot the bill nut being entertained by the other ileum: of Parliament. Ile dimwit met they sere bound to 'look at die whet,: oh the probable effects aid cons-Aluences oldie measure. lie was the last man who could wish their lairdship; to ect under any inipiession ut sitliciat; but he It.leiv of no good that was to in ;,;ained by concealing from themselves that their cluir..cter was, it he night so speak, upon trial before the country—not by the mere nibble, but by all the mote valua ble and sensible portions of the British community. He implored their Lordahips to ponder well the effects whicb the Name; of IN•nm• _ . / • - - THE NATIONAL REGISTER the Bill might probably have; to view it not only as a of justice., but as one of expediency. If any dou the last doubt existed on the minds of their Lordships—if there was any deficiency in the evidence, the benefit ought to he thrown int* tits sea!e fur the defendant. (Hear, beat.) . . . . . _ Lonl REP-ERDAL E said tie had examined the depositions Of all the witnesses, and he had no doubt that pio.if in this case was full and absolute. Hating read the evidence from beginning to end, the imp :vision on his mind was, that the case was as hurl) proved as any case ever was in the Courts of Justice, in which there was coutradictery evidence. The Noble Lord, after an ingenious encomium on the evidence of Nlajocci and Dumont, of both of whom, he said that be 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 Cacholica 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. How could bi said a Bill of Pains and Penalties was unconstitutional 7 The Constitution established in 1681 was supported and cemented by such Bills. The Noble and Learned Lord contended, that it was the only course left fur the adoption of Parliament. The 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 Commons, leav ing that body to dispose of it as they might think fit. The Noble and Learned Lord concluded, by supporting the Bill of Pains and Penalties, at four o'clock, when the House adjourned. TWENTY-SlXill DAY OF THE DEFENCE. ♦RIUA Y, NOV. 3. The Lord Chancellor took his seat on the Woohack at the usual hour, and the names having been called over, Lord GROSVENOR rose and adclreAsed the House. Having, he said, attended to the vast body of evidence in this case, to the speeches of Counsel at the Bar, and the eloquence displayed yesterday by Noble Lords upon the merits of the Hill, lie had to declare, in the face of God and his country, that lie did not see that those changes against the Queen which had been so cruelly awl so um• liciously accumulated, were at all substantiated. He thought it a matter of conscience—as his Lordship hoped . . for mercy hereafter—to sitter this opinion, now that 'the Bill had nndergone such full consideration in reel) , point! Influenced by this conviction, he felt himself ender the necessity of declaring non-exislent to the second reading of this Bill. Upon the tisibilgence of the House he should lay claim for a considerable time, while he en tered into a statement of his reasons for determining to trete as lie lied intimated upon this occasion. Their Lord. skips had heard frum the Counsel on the part of the Crown, most eloquent speeches. They had beard from the Noble and Learned Lord un the woolsack, and from two other Lords, who had taken so enerzetic a part in favour of the Bill, very powerful ellusious to support of Ike charges against tier Majesty; red it was greatly to be regretted that the sudden tedispientiou of 1111 Noble and Learned Friend (Erskine) had caused an interruption to Ike poises lot appeal to their Lordships, which had been commenced yesterday in favuur of Ow Queen. After all those rift/nis i considerable prejudice must hare been sed m these Lordships' meads, and lie felt alarmed at Use task lie was dimwit io trona is coosiderai 1111 l et bus. own Maui vat y to ColliClld against such row raid The !louse viola I iesorinber that the Nook- and Learned Lord on the woolsack lied declared. that he would hold the balance ut . Josiite equally is, his hands, and - lb. House was caned upon to VIC Ilse their power wills the same heeling. (clear, hear.)—Tile Noble Elf' then "prteceeded to csaninent us the evideuse. IVith respect to the stridence at C4ll.liiiie, his LuriPhip said, it had been must clearly cuniradicted by sueusitestibte evidence, and abisough she Noble Lord gave up this part of the charges, yet lie reminded by s lying, that the cloak in ties bed was a must susitiediusi cucusustancr. But was it slut possible that some of the Grimm*, the Berstetts, who were de. ref limit as g count the rooms with such lilacs it) , the moment the Piiiicess had quitted them—was it nut possi ble that they might have put the cloak in the bed, in order so co inisnate her Royal Highness i—Their Lordship need not be told wheat a powerful instrument the handkerchief was in the hands of logo to ruin Deedemoma; and were their Lordships sure there were no /ago's in this cause t The very suspicion that there might be some ought to operate in favour of the Queen. There was so much con fusion and contradiction in the evidence gives, on this Biil, that it was difficult to come at the truth. It hail been sail that Bergann was sepaiated from his wile ; there was nothing vet) , remarkable in this; but it appeared to be only a separation of conveidence, and nut one of want olaffection. Another circumstance had been dwelt upon very minutely—that Bergami had gained great possess sions ; dust after the intrigue load taken place, he rude hi power and pride; end that all the respect he lied formerly paid to her Royal Highness was at au cud ; but their Lord ships would find, on looking at the whole of the cvidetice, that Bergand nut wily treated the Princess with guest respect, but also every person connected wills her. Shang'. wets the accusations made against the tau; t ; one at tempt had heels musk to wore her enniiurltly from the fact of Bergasisi cussing to the carriage, while teavelliug, and taking firer a bottle of wine, which she readily gave him. The Noble Earl then eimirested the witnes‘es: such set he had never sees. assembled tug, illcf as those biought in support of the Bill, slur a more luso:risible body than those her the Quern, who gave their evidence whit that readitiess and ingentionsuess, which was the strongest ;noel ul the truth of iheir testimony. The unl:: wiinceses on the part of the 11111 entitled to any notice were Captains Biiggs and Pet:hell. Captain Briggs had given a sit olig test imuisy in favour ut the Queen. lie declared Mgt he had seen sin impropriety in the conduct of tier Royal Highness while on board the Lerialliass, awl yet their Lordships would find hruro Capt. itrigivi's evidence, that it was utmost impossible ass uslultet oils intercuinse could have taken place without Isis knowing ut it. The Nuule Lord agent adverted to the le ejiidgiiielit of the Quern's s ate, by tlir exclusion of her hajesty's aunt. I's oin the Liuirgy. lie had Is..asd it repotted. lie did not know Iww truly, that when the Linn ey was ea, ried by the Alch bi•hop ut Centel linty to the hang, it wits the King nl2O all lir\ Oust she name of her Alsiciity —(llene. ite slid not Ids uge 1 -ell tut list is ii,, I it, st,,tement,"bist it " condoned the Noble Lout, " 1 i.a,l been the Ai shop of eassicrbisry us, such All laugh -14.0.-1 a oli k; bar e thrown the Litiligy in his 31ajesiy's leer, beluse I world liiive lived 104 fly to sit h • Ilf.lUd tpuu the Lon, arttla ass ottii,ige 011 sub sued Isee• tusuity! It I had been the Load C11411e1.1101, called upon to cuu6uu die outrage, I would rather have trampled the seals of office under my Net than love conseeted to so dishoisoutable all act! The Noble Lord proceeded to say, that be knew not what alight be the event of the present proceedings ; bet be thought there were sloes both la the natural and moral world, of great and Imusinent clinger. Their Lordships would remember that when the Attorney-General, in his opening charge, uttered that foul and abominable charge against her Majesty, the evidence iii support of which had so completely failed, the Sun experienced an almost total eclipse; but that on the de fence being commenced, that glorious luminary seemed to east its rays with au unusual Hood of splendour over their Lordships. In the moral world, clouds were col- lecting charged with thunder—yes, with thunder, because if their Lordships did pass the bill, they would disgust all the sound part of the community—they would render them discontented, and an easy prey to factions and evil disposed men. What had created all this sensation f A breath had created it, and a breath could destroy it. Lek their Lordships only throw oat this detestable Bill ; thee, indeed, there would be rejuicing throughout the country; nor in this country alone, for from our shores the note of joy would extend to France, and across time Pyrenees I His Lordship conjured the House—on his knees he would conjure them—to judge of the case of this unfortunate, this unquestion ably. long oppressed and persecuted woman—this generous, mag nanimous, and liberal person, who hal been agonised in a rowdier not to be described by the institution of these pioceedings —that they would do by her as if the case were their own, or as if if it were a wife or dearest daughter on whom they were sitting in judgment —(II is Lordship sat down amid loud cheers.) Lord HATE WOOL) from the Ministerial Gallery now ad dressed their Lordships. After listening to the whole evidence Pproduced, I shall shortly state the general imprewaun which it as made on to, 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, stand" on a muds stronger foundation ; and, on the whole. the impression of ja an my Mind is, to create at least a strong suspicion on the subject of our enquiry. —But when I find that the evidence depended on in support of this enquiry is foreign, and that it has been obtained. not to say improperly. but by extraordinary considerations— when I consider too the impossibility of having points which rest on foreign testimony, cleared up in the way Mien might be done in an ordinary lieglish trial. I must confess that some de. gree of do abt is lett on any mind. The Noble Lord, after some turther observations, concluded a speech which appeared to make a great impr es sion on the House, by repeating that he felt lawart boned to Sate against the Bill. Lord UONOUGHAIORE now rose. After a few observations in answer to Lord Halewood, he proceeded to continent on the speech of Earl Grosvenor, and made an impotent attempt to turn it into ridicule. He concluded by declaring his determination to vote for the second reading. Earl GREY.—" My Lords, it is with some degree of reluctance that I rise et the present moment, as I was 'mite's to hear the arguments of the Noble Lords oppo site in favour of this Bill of Pains and Penalties. But, my Lou als, the attention I have paid to this subject has so tar exhausted me, that were I longer to delay addressing your Lordships, I fear I could not do it with any degree of justice to the cause, or satisfaction to myself I will therefore now state the reasons why I etall vote against the second reading of the bill. At the commencement of these proceeding., I stated nay objections to the principle and policy of Pam* and Penalties. They are so übjece Ito natale art their manse, anal so unconstitutional in their practice, that ituthisig but the most urgent state necessity could justify resulting *Es mulct's ; and nu such state neces sity has been proved in the present instance. The Noble Earl then proceeded, in MI eloquent strain, to combat the arguments el the Lord Chancellor, that a Bill oh Pains and Penalties afforded more advantage to the licensed than a trial by impeachment, Having declared Isis olsjcee lion as to the mode of proceediug at the commencement, lie ilieu determined to unclad Its the case as it would be made out by evidence, lie felt that if such a case was made out as would justify the degredation of the Queens he must then consider himself bound either to vote foe the Bill, or to see her Majesty sit on the throne tainted and disgraced. But the CAMS to be made out w as. that her Majesty's conduct had been so licentious and disgiacend, as to Wing dishonour oar the Sovereign, total to be • public scandal to the country. The case to be made out tor the bill was not one of simple adultery, but of gross and lie mations conduct, which equally disgraced the Sovereign and the Country. Nothing short of snch a case could justify the bill. " Aud how (said the Noble Lord) was it to be proved ? by witnesses beyond all suspicion ? (Hear, hear). In proportion as the rank of the individual was high and illustrious—in proportion as the penalties were severe—and its proportion as the proceeding was novel, and contrary to law and justice—in such proportion ought the ease to be etude out by evidence beyond all taint above all sitspiciuu! If, at the couclusiou of the Atter. ney-General's speech, we could have foreseen that the charges at Naples, which were the f Whoa of all the charges, would have been ab.sodulted—if we had fore bees' 11141 charges were to rest oar the evidence of Majoccl and Dumont—if we lied foreseen that the charges at 'fileste, Carlsrulic, anal at 041110 a, would have been re " juislied, could we ter a iiiii mein have believed that we should ever have been called to a second reading of this bill On all these chatgr. , the advocates for the bill no longer relied ; the whole of the chat gem hail dwindled d o wn O f the cuuduct of her Royal Highuess dining her voyage un board the pulacca—(llear, hear I)—Wuuld any man lay his banditti its heart and say, that it lie had fore. seen tots was the whale that would be ',rased, that he would her a moment have mite& Wiled the proceeding ? tly certainty and Inuit anomie, could such a hill as this be decided. How then stood that real face o; the case Savie there were deposed to, which if esiehltsised 6 41, fictorily—if the uititesbes 'es whom they rested were worthy of cm chit—could leave oto doubt las the ca• If niter Lordships could eclieve alajtieci—if they could be lieve Ditie:allt —if they could 'telt eve Sarelii, there would he an teal to the rase; the tact of a,lailta• my must be held '• he clearly and decisively prove.!. Bea ;lieu Lordships had heat ti it acknowledged, :y the anthers said supporters of the bill, that note intsiantiteg all the facts to which stew[ %1111 ,- FSCS bad Malan. Will am Aida tiht , iie guilt coma J he tide's la al, yet, if they Meta atop:ultra by other ear uoistithees, and by not another, tit .y caul l nut jusitty the House . is passing; this Bill at Patio P:otai.je.,— If he was sating ass Juryman, 1.1 could nzesr on such a ground venture on a vests art . 11C7.: has Luld.hip prOaVthal to Ctllli.Wat :it Aline length ea those ;arts of tae evidence u. joixt, Satechi, end Dumont, in wines[ they latd tither flatly call• iradictea meal-circa, or were met by the flattest contra:het:ons from other pro -oas of ultimo. seastble r.t.o 4.0 tune 11 left tie Qa,c„ :,,utaa atom art proof, nut the it:tallest imptizatiois of imp:wort cenduct had been tendered against hes Slajesty. (Repeated cheers Iron' all parts art tie ileuse.) Nut u-tiy were all or dean discarded servants, but two of man ALM .11 par ses sion lit the charg.:a against the Queen were true) of cents •. whi.ds would have made it the height of madness in bet Majesty (For aweineatites are page Sat) -4 k i 4 allk.sllllimm+ , •—@