The National Register. — London, England, 1820-10-22 00:00:00

be submitted, that Mr. Powell could not shelter himself under the character of an agent; but that their Lordships were bound, for their honour, to call for those letters. Who was the principal of Mr. Powell? why, their Lordships. lie was, iu fact, their Lordships' agent, and was bound to give them all the information they required. Would their Lordships set up'an imaginary principal to defeat the ends of justice, turd principal too, whose Mimesis could not he etketed by the communications required; since Mr. Powell had stated on his oath, as he declared, all the reasoas • hich induced hint to send him Itastelli to the Continent, and that the only Cause for his not returniug. 3t far as he, Mr. Powell, was informed, was sickness, If these were the real reasons, nothing more would appear in the letters he required, and no:injury could arise from the production of these letters to any principal of Mr. Powell's, w inserter that pt metpul might be. Hi should now, therefore move that Mr. Powell be called to the bar, mil ordered to produce such part of the correspondence between him and Col. Brown as 'limed to the animism of Rastelli to Milan. and the arose of his present absence; or if their Lordships should think it preferable he would move that suck letters should be referred to a Secret Commille of their Lon/slop s House, fur theta to report "pun. Lord LIVERPOOL saw great objections to this motion* Allowing that Mr. Powell was the agent of the House, still he was protected in this case against being called on to produce these papers. The Noble Marquis has spoken of this correspoodeace, and the power of the House over it, as if it was a public document; but in his case, mod in tbe character in which their Lordships were sitting, it was, to all harms and purposes, a private, confidential correspuad. mice between an agent and his principal, and on all the rules of law and justice, ought to be held sacred. As to the act ofsending Rastelli oat of the country, it was one oa which there could be no difference of opinion; it was a most imprudent act; but it was the act of one of the agents in the cause without consultation with any other agent; and he could not consent that such an act should be made a foundation for committing an outrage on one of the moat sacred rules for law and equity, by forcing an agent to the breach of confidence towards its principal. Lord KING was decidedly of opinion the motion of his Noble Friend ought to be adopted. The Noble Earl had acknowledged the impropriety of the act of sending Kasten' out of the country. Ho would go further, be would say that any common case brought forward in any of the Courts below, in which the agents of the party should thus have conducted themselves, would have been put out of (Curt with iadiguatioo by the presiding Judge. The Noble Earl bad this day admitted much. Indeed be was the only one of of his Majesty's Ministers who was heard on this occasitto.-- He knew not wheat. the Noble Lord's concaves thought to shelter themselves behind their silence, but though they said nothing, he swot& tell them they were equally respon• Bible with the Noble Lord. A Noble and Learned Lord bad said be had uto wishes us to this Bill one way or the other.—Now, thus, to appearance, shriuking from resistors "ability, would at first sight declare the present administra tion as wanting nerve—but this lie would say, in his opinion aster since the day suf the ceiebrated Cabal had there been an Adnainistrat' pusscssiog %slouch nerve, or who nad been engaged luso wicked a proceeding. The Marquis of LANSDOWN E contended that the Rouse was fully authorised on Mr. Powell to produce these letters. He was maims that the truth shaman be got at; mid as saute Noble Leith thought this night be done by a Secret Com mittee, he would withdraw his pretwout 'notion, nnJ submit another, which was " That a Secret Committee be ap pointed, to examine the correspondence of Mr. Powell and Col. Brown. Earl GREY contended, that the confidence between principal and agent would nit be violated by the production of these papers. if their Lordships thought this inquiry ought not lobe prosecuted then the a hole of these proceed ings should terminate instantaneously, and if their Lordships acknowledged an act of injustice had been committed which they could not remedy, and into which they could nut inquire, be would then move the immediate termination of these proceedings. The Noble Earl concluded by moving as an amendment, or rather as addition to the original motion, that the Secret Committee have power to examine Mr. Powell as to the authenticity of the contracts made to him. The LORD CHANCELLOR put the qattatioa, as amended by Earl Grey, when the House divided— Contents ► . . Nun-Contents lifiljerity in favour of appoiatiag a Committee.. 43 The following Peers were them appointed on the Cam Eliette :.. The Lord President of the I Lord Ellenborough, Caramel, Earl ad Lauderdale, Earl Grey, Lord Erskine, Earl of /heady°, I Lord Russ, Lord Manners, Lord Amherst, Lord Arden, Marquis of Lansdowne. On our re-admission hate the House, we found Mr. Bstacuee AII addressing their Lordships. He said, the eaa • mination of Mr. Powell had only hese partially gone into; it might be necessary to call that gentleman 'gale. Be (Mr. Brougham) thought that the truth of the case could not be got at without aecuriag the production of she whole cur. respondence of the puttee, to which, if there was nothing wroug, there could he no objection. Lord CARN ARVON thought that her Majesty's Counsel should nut be eicloded from examining Mr. Puaeil again. He would 110* move, that Mr. Powell he called to the Bar. Lord DARNI.RY did nut know with what appearauce 'erif justice their Lordships could refuse the request of Counsel to eternities Mr. Powell at the Bar. He could out mdiciently express his couiesupt at this 'idioms and contemptible pro ceeding. The LORD CHANCELLOR put the question, that Mr. Powell he now culled to the Bar, which wise negatived without a division. Mr. BII.OUGH 11.—We will now call anesiser witness. Akreader Olinertt seem, and examined by 14r. Tyadale. You have berg ia the service of the Viceroy of —I have, es Colonel. Did you serve in the campus of Russia ?—I did. I was at the halite of Leipsie. When did you return from Russia T-4e thelBth of Fe bruary, 1813. Were you after in the French tervicei—Yes, as Colonel. When was you host introduced to her Royal Highness the Princess of Welt s f —lit the month of November, 18 16, at her villa at Como. Who Introduced you to her Royal Highness e—Baron Cavaletti. 1)o you recollect ever seeing liar Royal Highness at Rome t—l du, in 1817, when she came to Rome mad re- Mined there. When did oho kart f —Mc beginidos of Jose. THE NATIONAL REGISTER Did her Royal Highness give you any invitation to visit at has house l—Many dotes. Sae did me the hopper to invite me to her table. _ Did she ever invite you to her villa at Pesaro P—Site gave me an invitation iu the month of November. Did you pay a visit P—ires, on the I I th of November. Was her Royal Highness living at that time at the Villa Caprivi P—Yes, she was. Was any proposition made to you to join her Royal Highness's suite P—There was. In what situation was you to join her suite t—A s one attached to her Court. How long did you serve in that capacity ?—I continued so till the month of November, in the fullouing year. Did you then receive any other sppointtnent 2—l had the honour of being one of her Chninuerlains. Bergaini was the other. Tuerr was nobody the but Burgling and myself. I remained iu that situation to the beginning of last February. Ido not receive at this lime any pension •r salary from her Alaleity. lam a mat rind Wan, have a wife and daughter, and live at Rome. They were never with me at Pesaro. I recollect her Royal Highness being at Rome in the beginning of August, lel/. She set out for Bologna. Did you sup with her the day she set out ?—Yes, I bad that honour. At what time did she set ont t—At midnight. Did you hand her into her carriage What sort of carriage wu it ?—Ais English chariot. Besides her Royal Highness, who got into the carriage? —Countess Oldt and Bergami. Was Vassali and Mr. ?Autumns on that journey?—Yes. Did you see them in their carriage I—Y ea, I bowed to them. Have you ever since travelled in the carriage in which her Royal Highness travelled that night P—Yes, but not on that occasion. Was it often used afterwards ?—Sometimes. Do you know it very well?—Yes. Who rode as courier on that occasion ?—I saw Carlo Forti set out u a courier. While you were joint Chamberlain with Bergami, what were his manners towards her Royal Highness t—The conduct of a respectful servant. Did you ever are anything improper or indecorous iu his conduct towards her Royal Highness I—Never. Whim her Royal Highness was at Rouse, who were the persons who visited bet I—Persons of the hrst nobility. Can you name any of them ?-.-CaitlinalsGoimalvi,Rutfo, Pidom, Carliagaixi, besides a greet 'sway others. Do you recollect the Baroness Angliai it—She was one who visited her Royal Highness. Did you ever see tier Royal Highness in company with the Pope i—No. 1)4 you know the Prince and Princess of Ciabrielli o sod the Duchess of Angriaril—Yes. Was Beigatui presented to those persons as Chamber lain 7—Yes. Whet company did lierßoyid Highness keep at Pesaro? —The first of the nobility. Du you know tile Governor ?—Yes. Do you know the Archbishop of 2—Yes. Did these persons visit her Royal Highness 2—Yes. Has Bergami ever beets received into the houses of these nubility, When her Royal Highness was nut present? —I have seen it many times. Have yon ever seen her Royal Highness, when walking, take the ann of any gentleman of her suite ?—I have sometimes had that honour. What was the conduct and demeanour of her Royal Highness towards the gentlemen of her suite ?—Affable, but at the mine time dignified. Alter her Royal Highness appeared in the morning, who attended licit—All those belonging to the Court. How did she generally pass her mornings?—After breakfast she went to take an airing in her carriage; then they all went to the library. and they all did write. Did you ever see a carriage at Pesaro, belonging to her Royal Highness, with en aprun to it I—l never saw such • carriage. I remained in France till the end of the year 1815. and I went to Rome in 18141. I was not it the army when I left France. I remained at Milan from the beginning of Lila till November. 1818. All my family was at Rome at the time I was away from them, because I had bad com mand of a regiment, and I had accounts to settle th.ro. When I was with the army, I was in the regiment of Rere. I was in that regiment after the battle of Waterloo. at the retreat of the army ap to the time it was disbanded. I entered the French service after my rebus from pri son, in Russia. Were you in the service of the King before the return of Buonaparte?—Never. Not in February, Iu what mouth, then, did you enter the French service? —ln May. What regiment was it you went to Milan to settle the accounts of?—The Dragoons of A reels. I have been irdemuitied by her Majesty's Advocate for my expences. Here Mr. Brougham asked the Interpreter the exact tranmlation of the word which he had translated " Ade°. cal e"—A vocal°. The Interpreter said the woad meant any body in the law. A Lawyer, or a Couissel.—(A laugh)—or a Judge— (Great laughter.) Who applied to you to come to England?—Nobody. I wrote myself, for I thought it my duty to write to the Queen when I saw by the newspapers a► Lugano that this pi ocess was going on. I saw Ilergami at Rustle, when I was in the service of her ti, yal Highness. I have not seen dim since. Have you received any thing besides your expenses ? None. I have 861. fur my expenses. I was at Como once in November, Int O. In the journey from Rome to Bane galia, Mr. Hownam and Vassali were in separate car riages. Louis Beirgami was on that journey. Bchiavisil set out on the following day. I think two or three car riages accompanied that of her Royal Highness. I know the courier baechi. I did 110 i see him set out on that oc casion. I swear I did not. I saw Carlo Forte set out, but I did not see lbe courier net out. They set out from the Villa Grande. I saw Ueda almost every time at the Villa Grande that I had the honour to dine at her Royal High ness's house. I do not know that he was always a couricr. 6-r I have seen him in the dress of an hussar.— /turbine ~ one of the Prineeia's ladies, continued with her all the time she was nt the Villa Grande. I hsve alwa y s wed her there. On the da)s l treat to dine tlitre, I don't iecull t to have is en any Luitlish ladies, but I have seen some of she Roams Nobility their. Louis Bergami some. thall dined wit J her Royal if ighoess at Pesaro. Faustian ~ --a his sister, did not dine there. Bergami's mother was a Pesaro a little time. She seldom dined wilb her Royal Highness, forst.e was always ill. I duu't know tbk wily of Bergaini. I never yaw her. Tile Earl of LIVERPOOL.—In what situation was Faustianit in the service of her Royal Highness T—l cannot know fur certain, because it was slut iu my depaitment to enquire. Earl GREY.-1 wish to know whether the witness was acquainted with Sacchi before he went min the service of her Royal Iligbue-s.-1 had known him ut Rome before I wean to the'service of her Royal Highness. Had you known him is the ul my of Italy 9—Never. Toe Earl of LAUUERDALE.—I wish to know n here the witness saw tile newspaper containing an account of the ;igitisist the Queen Y—At Rowe I did. The L 0111) CHANCELLOR then suggested that it wns four o'clock, and the House adjourned. SEVENTEEN l'H HAY OF THE DEFENCE. SATURDAY, OCT. 'LI. The House met this day at the usual hour. and prayers were read by the Bishop ut Samos.. At tweuty -five minutes past teu u'clock Counsel were called iu. If,. Bituvostam handed to their Lordships Lieut. How. uam's diploma of the Order of Carohue. Mr. Posegu. appeared at the liar with the extracts from his Curresvuudence with t.oh. Bruwu. He said that it was not from disrespect to their Lordships, or frog any personal feeliug•, that he bad felt any reluctduce its producing the letters, but from the peculiar sittiatiou iu which lie stood, and the arose of ditty which be owed to his client. The Earl of LARNARVON understood that the Secret Committee were to have the meaus of verifying the extracts from the letters, and of satisfying themselves that the were relatiug to the mission ut Rastehi should be gis en. 'I he Earl of LIVERPOOL thought the must regular way would be, not to ask Mr. Pooch any questions at present, sluice, if the Committee were uut satisfied, they could amine hint. Earl DARNLEY contended, that it was the right of any Peer in that Hou.e to examine every person that appeared at their Lordships' Bar. Earl GREY wished the papers to be banded to the Com. ruittee and left with them. Mr. P.Avell was then sworn to give true evidence before the Committee, whenever he might he called upon. Tomes* Loge Nastier! was then called in s and examiued by Mr. Wylde. Where du you live ?—Near Como. What is yuur Octupatiou ? —A fisherman. Were you at any time employed as boatinau to the Prin. eess of Wales ?—Ye., 1 a■s. D.. you know Ginsrppi (Snigger, ?-1 tics What i s b e ?—Auuther tishermau. Were yot. ever in a boat with the Princess of Wales and Bergami ?-1 have. Did you ever see either of those persons kiss the other in the boat i—No. Io what part of the boat did her Royal Highness sitt-- On the left. Did you ever sit so as to see her Royal flightless ?...1 did. Was the boat lighted P—)t was. Are you quite sure you uever saw any kissing take place? The SOLICITOft.GENARAL objected to the questinu. • . Mr. WTLDN said, he called ibis witness to contradict a witness who had been called out the part of Ike Mill, and therefore he wished to know if the witness wa► quite certatu of what he stated. Cross-examined lsy the Solicitor-General. How many times have you conducted her Royal High. tress from Cumo to her Villa?—Precisely I cannot !ay; but I can say positively Leta or twelve times. Wll3 sat in the carriage beside her Royal Highness and Bergansi ?—Fur the most part some womeu ; also, at times,the Pudesta (Magistrate) the Pi elect, the Physician, uul other gentlemen. lu goiug from the theatre to the Villa, did they not some. times go Moue?—Never, the boat was always full of geu. tlemen. Are you a married man, and haveyou children ?w-lhave a wife and children. 14 any thing paid to them s—Yes. What ?-ous livre to my wife, and half a 'lyre to my children. Do you menu a here a day I—Yes. Do yt.o pay all your own expeuces here. or are they paid fur you?—That I Jou% kuuw ; they hare fixed at two Napoleuus a Jay For the expenses. Who do you expect is to 'ay you ?—Coriasii. When you saw Cutlaxsi. did you see, while the business was going tin, a youug luau witu foie eye ? -110. Who was it took down iu writiug your deposition IL-. Cutleni. Was there on Clerk thereat that time ?—tio. Where do yam live now !—We live uut uf tuwo. How malty of you are there !—AI t 430 or `2l. How far is it from the house where the Queeu lives ?awl have nut ?leen to see the House of the Que. l. Do you all live in the same house ?—All. We all dine at the ►ame table, and breakfast and talk tugetker. How often hose you seen Vassals and 14 Satolitio Gurgiaui there ?—He is ir. the House—we are all the e a furtuight. Was it at the request of Gurgiaui that you cams hers Re•rxsntiued by Mr. Wylde. h there a guard a here you are ?—Yes, there is a key itt every door. Can you go nut when you please ?-1u the house there is a key which lucks the house ; but we go to bed ar night. Fur *hove expenses were the two Napticuull to be allowed i—For victuals. Fur how many ?—For each person. What sort uf Napoleons, gold or silver'—Silver, four of which make a gold Napolruu. Count Carlo Vona sworn, and examined by Mr. Drosthaw. —I am a native of Milan, and have the honour of being an Equerry to the Queen of England. I have been a Captain of • Squadron of Dragoons in the Italian army. I first became acquainted with her Majesty at the Villa of Gen. Piro. I dined with her there. I know itergami, who dined there also. She invited me to accompany lier on a journey. I went with her from Milan to Turin, and afterwards on her tour to Germany. I set out from Milan as Vice Equerry, and remained in that caps city till her Royal Highness went to Caprivi. in ISM After wards I entered her se:vice as Equerry, and continue so. Der gami was Chamberlain to her Royal Highness. I have seen her Royal Highness and Iletgami walking together, sometimes coin lag out of the garden. When I saw mem, I myself was at a little distance. I remember that her Royal Highness dined with the King of Bavaria. Ilergami dined at the table of the King, who talked to him with the greatest affability. I was at the Barons with her Royal Highness at the time the balls were given, aced at the Carnival. The Prefect Tomasini, Baron Cavalelte, the Cu