The National Register. — London, England, 1820-07-31 00:00:00

W^. • ." 'lr lb . , 1 %‹- - • r:-IC C 3tigtrial Varliament. HOUSE OF OF LORDS. MONDAY. MN 24. Cost msstow.—The Royal Assent was given by Commission to the Alin Bill, the Irish Ins°lvel:t Debtors' Bill, the Royal Family Bill, tile King's Savants, the Assessed Taxes Compen sation Bill, the Irish, English, and East India Militia Bills, the Navy and Army I'rizc Money Bills, East India Volunteers, Post Horse Duties, Irish Spirits Intercourse, and several others. The Commissioners were, the Lord Chancellor, the Earl of Shaftesbury . , and the Duke of Montrose. At four o'clock, after the House had be: cleared of strangers, the Committee appointed to investigate the beet nioie arm hung tiir a full attendance of Peers on toe 17th of August proceeded. with the assistance of a distinguished mehitect, to measure the House, and obtain information respecting the dimensions, tee. &c. Soon after five o'clock the doors were opened. Pt . : name FROM THE Ql; EEN. —Lord ERSKINfi said he rose to present a Petition in behalf of her Majesty, which he considered well calculated to make a strong impression on the reason and justice of that House. The Noble Lord adverted to a former Petition from the Queen requesting a list of the witnes ses to be examined against her, and expressed regret that it had not been complied with. The Petition lie had then to present was addressed to the Lords Spiritual and Temporal in merit as s et ussetubletl.—" The Queen being informed that the Home of Lords had refused her a list of witnesses to be examined reqaested that a specification of the dates and place, or places, in which the criminal acts were said to be committed, might foitli• with be furnished her Majesty's Adorney•General, tire if that information were denied, it would be impossible for her Majesty to meet the metes: Mom or take preliminary steps for her defence. lier Majesty was further desirous to be heard by Counsel al their Lordships' liar."—Lord Erskine proposed, that the last part of the Petition be complied with first, and that the House should hear Counsel at the liar in support of her Majesty's application. lie did not presume to say there was an appearance of injustice in the proceedings of the House, but, if there should be any statement abroad derogatory to die honour and character of their proceedings, their Lordships should take care they did not afford the slightest ground for such allegations. It was itni‘er• sully known that the Queen was in various parts of the South of Europe, and the charges being limited to six years residence abroad, without naming place or date, it was impossible tor her Majesty to prepare for her defence. if the specification was not furnished the prosecution could not go on. After the evidence in support of the lidl closed, the House must adjourn to enable the Queen to procure the means: of cross•examination. She had not the means of seeing the witnesses face to face, and if they went on without giving her hair means of defence, they would do an injury to the laws of the land. He had heard of the public mind being inflamed, but it could not be it' their proceedings were free from suspicion. It was impossible he could have any other interest in this question. His only desire was to see their Lord ships give satisfaction to all mankind. If the specification was delivered, the proceeding against her Majesty would be more analogous to the common law. The Noble Lord concluded, by moving that the Illustrious Petitioner be heard by Counsel tattle Bar. The 1.0111) CHANCELLOR observed, that the Noble and Learned Lord had urged the House to a fair and honourable administration of Justice ; but it would have given him great satisfaction to hear on what principle of the common law the Noble and Learned Lord supported an application of this kind. If he knew any thing of the law of Parliament, the usages of Parliament constituted the law and it would be hound that the House had recently refused to grant a similar application. The analogies drawn from the Common law of the country were not made out by the Noble Lord. It appeared to him that a com pliance with the Petition would be unsanctioned by any practice known to the law. It was his duty to state, that no motives should deter him from doing his duty according to the established principles of justice, and the law of Parliament. Lord HOLLAND expressed a wish, that the Noble and Learned Lord on the Woolsack would point out to the House in what instance a person accused by the forms of common law had so little information given them before trial, as tins Bill of Pains and Penalties gave the Queen. The question was not to be con • eidered with regard to the convenience of Parliament, but the justice and consistthey of Parliament. It certainly Was open t o o those who felt it was necessary to have a clearer speedie•ttion the charges, to contend that Counsel ought to be heard in sup port of the Petition. It was said the Bill against the Illustrious Person had been consigned to the Attorney-General) but that House knew nothing of the transaction. The Lords ought to know it in the regular way. The Noble Lord was of opinion the specification of charges aught to be granted. It was clear, unless the Queen knew where the charges were laid, that she must put the country to cxpence, by sending to every place where she had been for the last six years, and bringing to England a body of witnesses, whose evidence might or might not be required. The Earl of LIVERPOOL admitted that strict analogy ought to give way to the principle of justic e ; but it was his wish to state shortly in what situation the Houee was placed. In conse quence of a Report of the Secret Cortina:et, a Bill was brought in by his Majesty's confidential advisers. The Queen c.aine to the Bar, and required the House to proceed forthwith. The Lords took the question into consideration, and decided that they would answer the call of her Majesty so far as was consistent with justice; but in a case of' this kind it was held proper that they should have the assistance of the Judges, and that an interval must intervene. The second reading of the Bill was fixed tor die 171.11 of August, the earliest day that could be fixed consistent with justice. In case die wish of the Queen to proceed forthwith had been complied with, could the request before the House have been niade. His Majesty's Attorney General would have opened the prosecution, and her liijeny would have been called 011 for her defetice It was said the accusation did nut go into partieu lanty, but it ought to be recollected that the actual charge in the preamble of the Bill was not a charge of one act of adultery, but a continued adulierous intercourse. Teen it was urged that this was a charge of that generality that it requited peculiar indul gence; but how was indulgence to be granted ? The Noble Lord who brought up the Petition stated, that die request was analogous with the proceedings of the Courts below, but did not appear analogous. God forbid he should tlea.y :any fair or rea sonable advantage to the illustrious person, but coi.sidering the nature of the proceeding, and the wish of the Queen to proceed forthwith, he saw no ground for die application. Lurd KING retnieded the noble Earl who had just sat down, that prejudice might be excited against the Queen, and it was but just to give her some compensation for that prejudice. Site only asked to have the places specified where the crime was charnel to have been committed. in the proceeding as it stood tiler% was an appearance of injustice. The noble Lord supported the mo tion. Earl BAT CRsT objected to the application, on the ground that the House was bound to discharge their duty within the limits prescribed by the Bill. If they were to give ki specification of psrucular places where die act of adultery was charged, they would be confined to those places, and shut out from proof of general misconduct. The Queen was to make her defence on the 17th of August, yet it was said she must have a list of witnesses and places specified. Suppose Milan was named, and the date 1618 and 1819, what advantage could she obtain ? If she really meant to defied herzelf on the 17th of Ati;m:s, slit would not Lave time to procure evidence upon this Mien nation. Lord ERSKINE, in reply, said, as it was not the intention of the House to grant his motion, he witted to say nu mere on the ' 4111 • r . , THE NATIONAL REGISTER. -7:-- question, but lie held it to be his duty to address ti few words upon the analogy adverted to by the noble and learned Lord. In ises of high treason, nothing could be more clear than that a man indicted was entitled to know the nature of of his indict ment, but it was not the intention of the noble Lord to draw analogy in cases of local jurisdiction, he only said the House should bring the proceeding before them as near as possible to the common law. Tim noble Earl who last addressed the House had asked what advantage could the Queen draw from the nformation tequireil ? Her Majesty was to draw the inference, not that House. Such a question in a Court of Justice would be heard with disgust.—(Hear, hear.)—He would never hear it said, with tut protesting against the assertion, that the Queen could enter into her defence without the means of eros:•examin ing the witnesses. Tne Queen had no opportunity of defending herself if she wanted the materials to cross-examine witnesses. The question was then put, and the House divided— Contents, il—Not Conteut-s, 57. The Queen's Petition was consequently refused by a majorip of 25 Peers.—The House adjourned. TUESD Y, JULY 23. The Royal Assent was given by Commission to the Capital Felonies Commutation Bill, the Privately stealing in Shops Bill, the Irish Malt Ditties Bill, and several others. The Com. missioners were, the Lord Chancellor, Earl Bathurst, and the Earl of Shaftesbury. The Insolvent Debtors' Bill was brought up front the Com mons, with the Amendments agreed to. ItEroun OF THE COMMITTEE OF PRECEDENTS.—The Earl of SHAFTESBURY, as Chairman, presented the Report of the Committee appointed to search for precedents for: nforcing the attendance of Lords on proceedings by Bill of Pains and Penalties. The Report being read, suited, 'that Peers absenting themselves after summons, were liable tbr the first three days of absence to a line of ts l. per day, and for every subsequent day 501. unless good cause could be shown for non-attentlanc.:. The Committee further reported, that no Peer could be excused from attendance, except front age and sickness, of which he is to give notice by letter to the Lord Chancellor, stating the same tribe the cause of non.attendance on honour. The Committee ricam mended that a gallery be erected for the accommodation of Peers, and that a platform be raised below :he Bar for the accommodation of Counsel, Agents, and Solicitors of the Queen, and others connected with the proccedim.s. The Earl of S&LS FTESBURY then moved, that an humble Address be presented to his Majesty, praying he would be graciously pleased to give direction for such accommodation as the Report recommended being made. The Motion was agreed t0...--The House then adjourned till to-morrow. WEDNESDAY, JIII.Y 26. The Royal Assent was given by Commission to the Insolvent Debtors' Bill. The Commissioners were the Lord Chancellor, Earl Bathurst, and the Earl of Shaftesbury. Mr. Mason, from the Directors of the East India Company, presented an account of the quantity of teas sold, at the East India Commany's Sales during the last three years. Laid on the table. On the motion of the Earl of SIIAFTESBURY, the House adjourned to Tuesday, the 15th of August. HOUSE OP• COMMONS. MONDAY JULY 21. The House was summoned to the House of Peers, to hear the Royal Assent given by Commission toseveral Public and Private Bills. ADJOURN:NEXT OF THE HOUSE.—Lord CASTLE REACH gave notice, that lie should to-morrow move the adjournment of the House to the 21st of August. 'Fire QUEEN.—Mr. WLTHERALL rose to call the at tention of the House to the substance of a paragraph in a country newspaper, reflecting, in the most insulting manner upon the character of the Is twee. The paper in question was, he believed, called Flyndull's Western Luminary The paragraph to which he alluded insinuated that her Majesty was devoted to llaechus and Venus. No thing could exceed his horror at reading statements of so atrocious a description. It was generally known that the proceedings were going forward against her Majesty in the House of Lords, and to what extent the measures were intended to be carried. If insinuations of this kind were vented against the meanest individual in the coun try, charged with a criminal ollince, nothing could tie more calculated to operate to the injury of justice. It could not then be denied, that the attempt to prejudice the case of the first subject in the realm, was an valence that should he overlooked.—(Hear, bear !). The publi cation of the paragraph was a gross breach of the privi leges of Parliament, and an endeavour to pervert the course of justice. Under these circumstances, lie gave notice that he should, on the first day of the meeting of the House after the adjournment, move that the Attor ney-General be instructed to proceed against the Printer and Publisher of Flyndall's Western Luminary.—(Hear, hear!) Mr. TIERNEY wished to know why the Honourable and Learned Gentleman could not give notice for to- morrow. Mr. WETHERALL then said he was not prepared, as lie had not yet procured a copy of the paper. Dr. LUSHINGYON said a copy of the paper might be procured to-day or to-morrow. Mr. WETHERALL then said lie should bring the sub ject under the consideration of the House tomorrow. A new writ was issued fur Maidstone, in the room of Colonel A'Court, who has accepted the Chiltern Hun dreds. The House went into a Committee upon the Irish Stills Regulation Bill. The Report was received, and ordered to he taken into consideration thin day three months. The Licensed Still Bill was committed, and the Report ordered to be taken into consideration this day Rime months. Dt.: ects ELECTION.—Lord DUNEANNON presented a Petition 1 . 10111 several Freemen of the City of Dublin, complaining of the conduct of the Shoat and Magis trates and police of that city at the late election. It stated, that at the election of a Member of Parliament fur Dublin, the horse police attacked the electors wit° attended to vote for Mr. Grattan without the slightest provocation, at the Sessions Muse, and wounded two men in a dangeiolis manlier ; that the military and police dragged a man named %t uh outs, who WAS not acting in breach of the peace, to prison, and that several oilier electors were also abused and insulted by Sheriff and MaAistiates, and that those of the of fending prisons were in the interest of Master Ellice, mid had acted in violation of the pi ineiples of liberty. fhr Petition concl u ded %%jilt expressing a hope that the House would be pleased to enquire into those proceedings. Lord DUN CANNON unused, that the Petition should he upon the table. Alf. BENNETT wished the Petition to be printe.? that the House might look into its merits to-morrow. The Petition was ordered to lie on the table. The other Orders of the Day being disposed of, the Hyatt adjourned. ), •\" p TUMMY, JULY 2S. 'PUP QL:EEN.—Mr. WE'FHERALL rose to bring for w his intentleil:Motiontiponthe subject of the scandeluns libel upon her Majesty. A person against whom pro ceedings in Parliament, in the shape of Paine and Penal. saes were pending, should be secured from all libellous attacks, and it was a eliminal offence to violate this prin ciple. 'Fluere was no case ill the records of Parliament in which pending proceedings of a judicial nature equal and similar protection was not afforded by Parliament to the individeel co:teemed, to the protection afforded by the Civil Law. It was natural for him to view with disgust Ike paragraph in Vendee's I Vestern Lmnilary, and after mach reflection lie deemed it a breach of the privileges of the House. The House would remember that they addressed the Queen in the most uespcetful manlier; in fact, in such a manner as to render it impossible to sup pose that they conceived her Majesty capable of conduct of a culpable nature. The Hun. Gentleman then entered into a history of the proceeding* with respect to the Queen in both Houses of Parliament, and stated, that oil the table of she Lords there was an inquiry which would probably be by and by before the public. It was the duly of this Hoene, then, to extend its protection to the individual who was the unfortunate subject of that lii. (wiry. Would they permit the Queen, who was thus be fore Parliament, to be run down? No ; it would lie a repudiation of the proceedings of the House and a gross act of injustice. Indeed the case of the Marquis of Staf ford was in point, mid skewed the necessity lit preserving the dignity of the House; for public clamour at that period inflnenced Members to vote against their feelings. The Hon. Gentleman then stated, that it was not necessary to prove the tact of mischief from pubtications of this kind; it was the speculation, the intention, and the potentiality that constituted the evil in cases of this kind. The House should hold before that individual the shield of the Con stitution. If it were stated that it would be improper for this Heine to interfere—if the attack were not treated as a breach of privileges, he would say that it was a violation of the common law of England. Lord Elletiburougli had held in ofie case, that to call a person criminal before trial was a most gross offence.—But Flyndall said more, and in langimee which anticipated guilt without the possibility of doubt. The course of law was not left to decide upon guilt but the writer convicted. This case more loudly called fur reprobation than any other, for it involved a breach of evety feeling of Christianity. Cr' • ality and punishment were settled by the writer, and in terms of the most repulsive description ; and that writer must be dealt with according to law.—He (Mr. IVetherall) should throw it upon the House to act for itself in a case where the Queen was recommended to be whipped; and the House could not refuse to the highest subject in the State wihat, from every principle of justice, lied been granted to one of the lowest. He then moved that the AttoilierGeneral lie instructed to proceed against the printer of Flyndall's Western Luminary for a breach of privilege. After an observation from the Speaker, Mr. Weatherall then seed the words, stating that the Queen was devoted to Venus and Bacchus, and said that the sentence was the breach of privilege of which he complained. The Clerk having read the whole article, which was stupid as well as malignant, Mr. Wetherell altered the terms of his mutton, cud unused a llCSOhltioll that the Paper, under such gtreutusenices, was a breach of the privileges of the House. Lord CASTLEREAGH agreed in lamenting the ex. cesses of the press, which operated in raising the vilest and most angry passions. Nobody more strongly con demned than he did such practices.—He felt no hesitation in saying, that lie acquiesced in the sentiments delivered by the Hon. Gentlemen who had spoken. The only ques (loll WAS, as to the manure of proceeding. Nuw lie be tiered that the article iu question had come under the notice of (lie Attorney-General before it was mentioned in the House.--(Hear.)—There were means of punishing publications of this kind in another manner than by call ing the attention of Parliament to them, and those should , be resorted to. But it would have been at least just in the Hon. Gentleman to consider those libels on the other side, which were olthe most disgusting nature, and which would nut have been tolerated in any other civilized country. There were, in fact, libels of a worse and inure dangerous nature. His Lordship then said, lie held in hiS timid the last number of the Examiner, mid read seve ral sentences; in one of which the writer taxed the greater number of Members in that House with teeing ' • Is. He (Lord Castlereagh) should have no objection to the prosecution of the publication alluded to, but he should certainly order a prosecution of those papers he had read, and sweeping proceedings should be instituted. Doctor LUSHINGTON said, lie had not thought it in cumbent upon kiln to submit any motion with respect to the paper, upon considering that it had but a slight and obscure circulation, and the notice of it would probably be unworthy the dignity of the Queen. On a former occasion the Morning Post and the Courier were antlered, under the mite of Government, to libel the Queen in the most vile manner, and very little attention was paid to the complaint. Those papers were permitted to pass, and lie thought it best to let this obscure publication die in its own übseinny. How was her Majesty treated Ministers hail already, without investigation, without calling the accused forward, fixed u stain upon her. They had already informed the politic that her Majesty was guilty, by removing her name front the Liturgy. 'The Learned Gentleman then declared that lie looked upon any restriction upon the piddle press as most mischievous. He dein ecated the excesses of the press, at the same time that lie ti Oa it better to leave flue choice of cases to his Majesty's Attorney-General. 'flue Qtieen had indeed much to complain of trout the efforts of those writers eha were, iii the interests of Government. He assured the House that the Queen would not read one publication pending the proceedings.—Cases of this kind ought not to be entered upon without being very strong indeed, and then the Government would be sure of' not being exposed to a verdict opposite to their expectations. — (litter, hear.) The ArIORNEY-GENERAL said, that no informa tion watt be tiled against publishers of libels until oext Term. He H lib e el litd bic g i i i v h e a n il l b si e s e a n t p te r n e t s i e o n n te t d o to the innumera b leitisvievill::! .. course of the present Session, and should upon (lie proper occasion prove that he was sincere in what he s tated.. 111 every itietatice in which he had instituted prteleetOw ns : vet diets were pined, and lie should be guided lay Olt rule, never to prosecute except tiputi the eutivii:i ion flint he should obtain a verdict, at least that he should desist it. The Leal tied Gentleman (Dr. Luslsington) :wird no ! , fairly, for he was raising pre-indict in the )louse)