The British Press; or, Morning Literary Advertiser. — London, England, 1820-08-28 00:00:00

weahlipernsit Aim Is salient oltiterwatiO4 of two 04 am rt..' gra' emirate of proceeding. He bad naderstoodi it to lova to Meted by their Lordships, nu • former oceneiioo, that if diem Lea...e.l Friend should mike oat a case totheir Lordships' • satasfset ton, *hewing the amenity of recalling any partleolar w anus., their Lordships would iu that Melange allow of a fsrlltr examination. If he understood aright, what his Least ed Friend now wanted was the option of poolponlog the tbatanfialfqn. Of tuttnake,jeilddailpsbokoll..t.lst .witoroses n i thooglat proper, wttlionf Per"( 'ol# mreile al Thst "Tom of proecoiliog, he imbrait led, snood be prodoetive off "mat injostire. Hie Learned Friend ohjscted, that not 5..14 tarnished wills a DWI of wihmosili .(by mere pissed sa a situation of difficulty, and their Lordships bad *Creed eo ritlie've them from that dAdlitilty ; hat the ease now--. 4 "Coble Lord, where name we coed not team objected n..tfe orgameof of the difitithey.Oineeal 'dui the House had decieJ. ta4.11 treleine said a few worth, whlesh tier, not audible 1,..!ad the bar. of Liverpool wished fd lino. , if the Attorney. Ilfraetal oliFeted lu the ow...dints nod lot. On that point is wag mantled to be beard. 3 frardtreiffe • nevi, resumeil. He gobraltted that he 4 11 , 66 keel( yet heard at all on ilietinestian, as to the roars* inerwilk now adopted,. pm( fir objected to the question usini tasks+ they were tti proreed accordiug to the former ~rd. e, fix the consequettee otherwise would he thst the cross. moittetion of the onuses would proceed, not upon the eiri- X. 4 ets Of that o 'trove., but upon the whole case as laid before Thy rale which he ,anderstood had beeu doper ity the fitione had, in Get. (Deco acted upon h" his genius.) Friend hitherto. as appeared by his eroci.examining Use wil t; saes as. far ss he tilemerl, and if that rule was now to be ilt`lf!'d , be bad a right to ask to defer the examination s i C any other WORM, till their crom.examinat his of the last trot taken place ; (or how Could lw know that the cross ex.. in.ootiop ought not rhea tame .fact which liv the evideoce tbt neat Witness be might explain. Nu difficolty be prired to bit Learned Friel+ by proceeding, as they lad tliCrio doss, os their Pitedsiffirx would allow a forther ..ei..o.gainsiostioa,lf it were demised necessary, in any var. Sicarie itionamee. Their in their anxiety to do 1.. the, ilbsetrimis person who was the object of the Ihr...ea Hill, usiald rut forget that there was also a jostles doe Nether parties, awl would not consent to plate the pi liai who were to support the Bill in is situation in which yartiee Were *ever placed before. , He therefore taut. d, tleit the liele their, Lordships had hitherto acted upon would sell Fe foitnoed„ and that the other ;id; ehuold he obliged to p.peeed, with their emes.mouniustieet, with the I.berty of again calling up the witness, *odd they lays proper case it Induce their Lordship to grant it. Hi he geed their Lnakltillet . piston, if be had been at all irregular in making the othierratirote he had done; bet he felt in common with ki. Learned Frieads. who were engaged with ions, 11tH it • was n questing of ibn "Finical importance to the subject fir. lyre their Lordships.. Fie bigiFil 'sarlicislarly to address himmilf to the Learned Lords' oho were randier with indicts! norritiestions, ait had ever been know. that the whole of ti rose wire gone through Irrfore the eressa.maltioatioa took place. le Carl of Darnley said, he had heard nothing soled the prepriety of pottiog the question. • - Mr. Bronglaam—" I shall certainly *online myself to the sieinie spiestion before ram Lordships, and sh ill not at. tempt to defe n d your Lordships' decieions from the arge nt:ills of my Learnoil Friend. The only question is, nhall 1., or 01.11 I not, pot my question? Your Lordships have laid dorm the ruk; it has been decided in one way, sod I will not argot that rule or answer any olOvetions &anima it, because to du so would hr to morrow t h at your Lordships hail down a rule to ' • Ime in woe way one moment. and the mumeut you bear the prose. came, for he now stales that be is fur a party, the moment yon hear thz tdoeer's prosecutor object to that rule, y o u %book, lay down another role. I cannot, my lairds, antici. rift any thiat so notation. as that. I t is not fee me, my 'Attic to detain your Lordships in answering the argil. meal :of my ha-ariii tl Friend, or to support the previous de. cimioo of your Lordships. The question now is, whether or taut I should to at litorty to ask where the witness now 1 "i.% in England. The only reason for asking—and it is all iM lealtall that is necessary for me to niter—my re: fur -v s , i s , that p o tting the case on the narrow.st limits, .ionite, namely, the giving a list it witnesses Its In the ease v! hieh trrassio--even putting it in that oriel limit, I should bare " Jane tor sad so, wife of so and formerly of Naples, n• it of such a place, in such a parish, in London ;" slid 1 only wish now to ask where she now is?" Th. Lord Chaneellor—" My Lords, I feel a Vest deal of eliffitolty on Ibis occasion, not on account of the iIIIIMMV , Ce 4kt ll* present qaestion, with a view to any avower that may be to it, but if I ma? be at liberty to refer to a former ease orthout out of order, I will so Ise ri fcr to it as to As*. shat refliTtions upon what lisppened WI a former oc. rasion, has led to a great alteration of opinion. My Lords, the torero* question is neither more nor lots than this, wise. Cher. eopposing your Lordship.' to adhere to that tide which yeti have laid down. which I will endeavour to state pre. sr idly, fur a ressno, as it seems to me, of great importalice. The picsetit question is, whether the question iv in due ap plicntion.r the ruk, as it has hitherto been understood, and whetter it can be pot. My Lords, I objected to the last <pestle., and I meld not object to the last, bin 'Ton the s tole irrineiple as the present, because I do say (and I hi litre it is the opinion of Noble Lords who hear me, and if not, ahou'il solicit to be set right), that of the last question had gout on with, from the very terms iu which the Counsel v toted what was los intention, I say he could not i on cross. mornivatioo, loser asked the wittiest , ohm, she now lives, to.lesai ton a cross-examination that was 1111441411 - 41 to go Omagh the while of the cross.examiustion. If I ant wrong iu that, I am .wrong after all my experience. Idu appre. head, if it bad been stated that a witneas lived at suety IWO" (soppoeing that there was a list of witnesers), the 'counsel mold not have asked the witness " where lie lived wriw." molests he was about going through the cross.examiirs• ties. I ,g ive at merely as my opinion. Ther e is soother - Mom wew of Ibis case more important: my Lords. of this Muse gas really adopted the right mode of procet•diug, for God's sake kt it abide by it ; but, my Lords, if you are doing io- jostfce, do not Int ally notuto of inconsistency prevent your • fr. -.wielder:tog slat setracing your steps, and endeavour 1/..a11y to do what is right —(/tear, /war, hear.)—Now, my Lords, bit us are the state we are in. if cross- , xamanstomi is peNnotted at a future period, amid I think &fader the co— . cumstances of this cave it ought to he permitted at a (Mule period, it does appear to me to be extremely clear, that at Presumt Counsel rho are in support of this Bill cannot he talkd on to re-examine at all. My Lords, when we come la twit stage of the business in which the Counsel in sup- port of the Bill are to sum tip the whole of the evidence, I do appeeliend that we titling call on the Counsel fur the Bill to arm ep the care until you know whether witnesses are to he coiled bock to be crosisexamined, and until that cross. essrainatiou has been gone through, and until the Consume! 'Gail 're - -examine un that cross-exasmostion. But, my Lords, 1::d m see i t t a g e u ero s er f l t i l n r c t b re t i l t a ie llh properiat beca use rule oP f i t 'r h t hat when 14 . Ross costal:lotion is deferred, it is to only that the Se.timistation must be defined, but, according to that Ortiess*A do nut know whether one Lord in the House • tan aft a witness who has not been cross-examined a single 4 o 11ii the first place, my Lords, let us consider *° * .t fr r Can In aCeordiag Its justice, forst to cross-examine to pert; and, seiouilly, if they are to he crdsswx.ornined in loss% whelks it is 1114 if of absolute necessity, that you should slow,n the Atinit beyouol which that most-examination so 4), um extend. It had appeared to ome, that it was pro- per r .er r Counsel to logistie as to what ma . Ow situation' iol itirt stitnesi, Ohereelse residi•d, where She came f • , and so or. Dot if•ttais titaieinatioil.is to go the it has beeo reposed:to ig•f 41 the esionie of this day, it does appear in et' to he introdiociugst prPtiee mischievous tit justice in }airy way Acta Ise sidniusistered," Wipers we proiked filither, my Lords, case' or 'seat buttorisuce •Vgbink it absolutely nr- to tube it :;10,41 OUT Web,se i 4 oc consideraihM the • wears Alpo •• •• arkitn: k . Oil *hi moikimportant and . "11fotriu,10 1, should h,6 tre,gooestidu of the trek- s eitisieins4bit c tursecs, fad if nit COO has been soddeidi 411; 6111 consideratiOu we. j • ' ,•'loud HOY MP doWilr, It is dUt y 411111mb:3 fel, at . • "du Iv i!a5e.31) , ,,1 , iiiti iiir•pttstat situ- • -" : .4014i50/te ility Imp 04 , 41IIt6astos are tratcroett, • . • • • ~!:. • P ye*ISOCIL - - - - aerieristif;insi All *0 &Mild them lay d o * u a strict, twlfera. Me, invariable lineof pesteeeding. bat on do so we suet delibNu ate gravely, and having oneeestieblitheil the rule.should adhere to it strictly, talexibly, mad lovariahly. My Lards, mlemerthig to the particular crossontamination of witnesses by illy Counsel for the defence, there was, in my mind. great weigh) (ii what was urged by the Connect who made the objectivall. It would throw iakinte difficulties In the way, if your Leref. ships were to admit the examination of all the witneame. is chief, without allowing ony addition to those wilnesiea is consequestre of what might arise out of the maminum See, my Lords, the length to which this would care; rm. Your Lordships must nut only defer thescrossietanet• time to a future period, but you must reserve s tolfM.,Coop i s se) far the Bill a similar right to call new witnesses in copse. quince of the crosonixaminalion , My lards, atijoierjemesic of this day will gimes note.diy for consideration, whether • we cannot lay down i time Mid distinct rule; lry fre, 'pride our Yrneeedion on t h is imporleitj 'object. Unless this he done now, we shall find that, day liy day, and 'Ter by hour, we shall find ourselves involved in new and inentri, cable &filen/tiro. I would venter.. these to euggeiit 41he pros, priety of turning your Lorifshiper thoughts to ibis point at suer, and to deferring all other hornless until this lw decided. The course followed has nut beets the most expeiliveit. Now`, my Lords, areording to our present course, we most not merely, as the Learned Lord stated, defer all emensination, and also defer the Commers summing up the eVlliellee, hot you must also reserve to the Counsel fur time 1001eC1011110 the op. portuuity of producing new witnesses as he shall flail it ne• centre to do, on any circumstances that may arise upon the eromiexamiliation. But, my Lords, in not having anticipated the present difficalty, you have not provided ~mast it. I am sure sour Lordshipe will recumeider the subject without being emb sett by any former error, from • wish to pre. verve consistency. I should therefore suggest that Coun. set be ordered to withdraw." Lord Rederolale--" My Lords,say proceedings which your lordships may adopt nn the peeseat occasion will not only affect the present proceeding, hot it will be • precedent in future—it will Weenie a pail of the law and usage of Par liament. and will apply to impeachment and every other proceeding of this nature; and, therefore, your Lordships, I think, ought to be particularly cautions before you vesture to depart front that which has been the ordinary rbactice in examination. My Lords, 'dram are to come to a resolution on site subject, it should be specially applied to the pre. sent case, and it should not he suffered to remain on the Journals of the 11111111 e, at that which can be applied to any utlwr ease, except in precisely similar circumstances. My Lords, 1 spprelomil that this mode of proceeding is replete with the utmost danger and diffictilty; it is contrary to any mode of proceeding I have ever witnessed in soy Conrt of Justice. It was 6141 of all desired, sio a particular case, that there should be a departure from the reenter coarse of pro. emoting. awl now that is to he turned into a astern! Mk upon the subject. Now, my Lone, Ido conceive that IM only ground, if you ought at all to depart from she ordinary course of proceeding is phis—that as the *noes** who are produced in this cis , . being promos principally Mooed from abroad; and with oversee' to whom the persons also ore to defend the case, cannot be able to make those iu quiries which they would have been able to make, in a ease where the transaction had happened in Cloolond, and they had known the persons who were to come haw e the House. My Loots, the law of high Irerspron trivet them the oppur. tunny of impeiry, hut diet does not extend to the question now before your Loretthipa But, my lor d s, I consoler that nothing is more important 011 the commextmination and re. examitiatiiin of a witness, than that it should ittsinediately follow the exeniinstion in chief, when all the facts and cir cumstances. hive been produced are in Ike view of those who are to joke on the subject, and when the mind can he said to In fresh. But it is now proposed—not as orimually proposed, wider particular cirri ..... •tances, tad upuu show. ing a special ground—but it is Imo proposed that the ge. ueral cross examitiviou of all the witnesses shall he stop ped lid the Counsel in opposition to tlic Bill shall re quest them to he exammeil, I say it is utterly ini pottible that it can be dune in this way, and it is Ito. possible to form that just judgment nit the case which would be formed if the examination was proceeded in in the common and ordinary way. My Lords, %frillier upon a particular ground down it might or might not be essential to the perposes of justice that the witness should be cross. examined, and called tip again to he re...w00 lied, is another imestiou; hot never yet have I knows,, oar ever yet have 1 heard it suggeated in any Court in soy case whatever, to postpone Ike cross-examen:di .... of a witness to any Mile finite period, or that it should not immediately follow the essimiliation in chief. It hoes seem so me that if you do deport from the ordinary course of proceeding. and I give my opinion that I think pm ought nut; but if you do, it ought to he smiler the greatest guard, and nut then but for special reasons expressed by a Besolittiou of the House, and expressed in inch a matinee that it can never hr brought as a precedent in any future time. II should declare that it was expressly for this purpose. My lords, if it is to be allowed to one side it must he allowed to the other s and then your Lordships will Involve yourselves in difficulties from which my mind is not capable of extricating you." . . Lord Erskine then addressed the House, hut lb so um: tone of voice as to be almost amendable below the bar at the beginning , of his address. He agreed with Lord Redeadabe that enemy dificelties arose is, a case like t i ns where the wit• misses were in different parts of the world ; but he asked. did any case ever conic before Parliament either to the shape of iinpeachureol• ur Bills of Pains ail Penalties, or in any manner whatever, where the accused was called on to answer fur centime; committed 10 parts beyond the seas, while the persur accused was not resident in any part of the world from whence she might calculate who were to he the slit. tosses examined atoms' her , Ile said that he had humbly suegested to their Lordships that they should give a list of a ineemses, and that they tioin,9ll far from bring involved is any dsfficulty, wool I not havr been Misdeed iii this, from the opening of the Attorney General, that he iris not only perfectly possessed of the time end places, but the days and hours of the days, mid that they were ,wt only possessed of the witnesses, but must they were possessed of every our they now propose to call. Ile reminded their Lordships of the situation in shish they WOlll4 lie placed is linifne. He had also to remind their hardships that they had taken no tarp whatever so prevent the daily publication of the evidence. The evidence, untitled as it was, was teemed both every inurniug to the world, and in the course of the day was in the !muds of aIIUOSI rata y toady, sod he would ask whether it axe possible tioi lo feel that some impression had been made which might hum taut to be a false mores. siun. My Lords, said lie, there are some diseases for which there can he no core, and shat is this case—there is no cure for this. Ile allowed that if it could &odour, it would be proper I 0 liste she cm ime.examinatiou follow the emend. nation in chief, tut, in his opinion„ justice could out be done in Ibis CNN to the accused if that were to be the cage. All he desired was to be placed in a situation to decide impartially on this must distiessing case. and that hi de clared to bermes, lie would do to the limn of his abilities and pow. r. Notwithstaintinx the very clear and able manner which his Noble Friend on Ike Woulsock had delivered his opinion on the subject, yet lie hoped that though theme was no motion haute the House, that his Noble Friend below him (Lord Grenville; would make one, in order to prevent their Lordshii s from Leine itivulved in the difficulties with which they were threatened, and from which, if once ea. tangled, it would be impossible to s &twat,. ohmmeters. Lord Liverpool—" Lords, if I onelessinsid the Noble Limon opposite (Lord Grenville) rightly, he desires, as to this question, that the House should take 48 hours to bon soder of a rule that is to be lei.! (limo. T., such a.pro'posi thin I can have nu objection, boll wish, before dila medians is made, or before it is adopted, to soy iikse words ran the stale of the proceedings is they at pretest appear fibtrire your Lord-fops, because Ido nut'coulider, cestaiolj,,itat the diaculty Ni great pie that suggested by other. No Lords. 1 would also elate soothe': view of the questio • it which lam rind, Mailrhit, even lipposioe it 16 bra • tally, Hitt belieie it it • diftcultY which it is. hi . Is /hr kit vitalism ahltis alien le, eta yes proem) is doss. Amoy. vow tor a team of jortice, rod call ow the Citadel tor she Arkone immediately, so erotwesamioi the voltam% rod after/table foe the Commief for the promotion tel, examiui tad son op limeirdiately? CAM you eat' *ph Clime', to aim op the eareottej not bowleg what easplyy, Tel appear rem a snood erovreramistation elf their erllstem? It thereto* my Lords, apprara to me of shr very hat im. potioare th at ' we ehoold cootidet .thie reryieeportoos n pplpy . .• iltrift. Ifteit. Mt le odd 6 say issperichseeil, r ekher pea My Lords, set men ti.. tor gissestiets, . he was at last thew. that it was not teas perfeelly maws tit' the vifilite usiti,;ol Parlisiigent, either IN Bills of Pala and Pantiles, or is Impeachment, bat that it amid mot be as dine consistently with sabstaintial jristice, because yua ormshl net make the banishing of that list of witnesses •asst. The great eliminators between the proceedings in this Home, sod before any other Coat, arises from the mature of the Court, sad Irons the powers that the Court is Considered to awe by the law within itself being so grouch assure An any EAU& Cued whatever. In any other Courts of Law the se. remiler appears as owe party, sod the accused appears es soother party. The &some of proceeding is all different. The instances in which the Court can interfere or cannot in terfere are perfectly welt known. The proceeding in this Bursae Is this—that after Colonel fur the acensation hes made out their case, sad after the Cowrie! for the defence have made out their ease, and after the examination of every witness, and the croamexarniaation by the accused, the ex amination of year Lordships is unlimited; you not only can cremmexamine, but yen may examine in chief, and you may lskewi►e imamate as Counsel, on the other side cruse-exansine, and also re examine; in short, you have within yourselves, nod trove always Is.eis in the habit of exercising 11, the powers of examining according to all the different princ:plei • of examination that may hr defined either in examina tion im chief. o► cruss.examinialius ur raexammation. But, my Lords, this is not all, because it is perfectly well kisurrn to your Lordships, that in any judicial proceeding i n this llonse„it is compare. fur any Member in this House to call hack any witness, at any time, to examine the wituess afresh, as to any fact which might induce him in wish to have him hack. And this is out all, either ; but you like wise have further paler, if any new inform itiun bearing on the case which Counsel on either side had nut prudneed, it is within the jurisdiction and discretion of the [louse to call witnesses themselves toil:wally, and Iti examine them as to the facts of the case. Ido out tiarefore see, my Lords, with this view of the subject, hew it is possible to assimilate time proceeding of tbi House to she isruceedings carried on in the Courts below. My Lords, the diffeulty under which we Are placed, I do not conceive to grow nut of any decision your Lordships have already come 10, but to grow out of the nature of the ease itself. If this crime 1.11/1 been committed, assuming it was high treason if committed in Eai taud, the gre.tcr part of that difficulty would vanish. The delay would only be a very few days, the party accused would re. quire Intl • shunt time to get ready with his case, but the difficulty in this case arises (rum the crime bring alleged to be committed abroad at a tlastauee, therefore delay must arise out of the nature of the cane, and the p..rticular Clllllfitallete of the crime. If I were to put this cal*, if the alleged crime had been e milled in England, and it was to be proceeded on as high Wilson when you came to the question of delay, and supporiiug that after the Counsel in support of the accusation had been heard, the Defendant should ask fur a short time, I am perfectly satisfied, that either in impeachment, or in Bills of Pains and Petialties,or of Attainder, dial your Lordships never would have objected to such delay provided it was reasonable. What length of time could it have been? Why it could nut have been above a few days or a week at moat, to eatable them to pre. pan' their defence. lu this case undoubtedly there must be the disadvantages and iticonvenience of a mach longer delay. 'wrestle' all &risme from the special circumstances of the case. Now, my Lords, I do nut see iu any view of this question, mid I do not know how, if the list of witnesses had been emoted, the difficnlty would have been removed. The Noble Lord may say, that it might be lessened, bat I do not see how it could be removed. I du not *cc how it was pus sib;e under the circumstances of a ease like this, to prevent soy everting delay, and that brings us to the qiirstion which was immediately before •us in for to the cross-exeminatius. My Lords, it gives satisfaction that this is the Best instatace iu which the difficulty has occurred. In every former ease, Colons,' have felt themselves coin. petrol to cross-examine, and a full re...ltemisation has taken place, end an examination bas taken place by your Lordships House. Ido • not mean to say that they are so filially examined that they cannot be brought back again, but what I wish. to suggest to your Lord. ships is, that this is a situation in which we are una voidably placed iu this case. Hifi, my lords, the question we have now to come to, and which has arisen for she fieq lime, is this, whether their shall be a power vested in the Counsel to make his option whether he will cross.examine immediately to the fullest extent to which be is able, or whethe► lie shall have the power of delaying that eruas•ex ainiuetion tun f u ture time. It is fur your lordships to consider whether you will adhere to that rule, if not I should still conceive after what has pease', that it is indisputably necessary that it should be understood in this case that Were o us t be a strict rule whether the witnesses, so cress-examined. refight he again brought Ito, and I do nut know whether that would not answer every purpose that the Counsel fur the illustrious person would have. Then the question is, whir. tber your Liirdsliipe would ur not adhere to the rule of al lowing the croes.exemitiatiou of a particular witness on par ticular grounds to be pot off; and it is nut whether the whole of the exsminatiou should be put off, es your Lord ships observe, that except in this particular ease that ap. Plication has not bern made. Ido say, that if the cross. exeniiunt ion of any *luminrr of witnesses should be put off, on the application of Counsel for the detract, in that re spect, when the evideuce on the part of the accusation is ester, you cannot call on the Counsel for the accusation to suin tip 'mid the cruse-examination bas taken place. This I take to be a clear principle. I have thought it my duty to throw this unt, and I will now more that the cuusidera tion of this 'case be deferred umtil Monday morning next, then to receive your Lordship" decision." Lord Grenville—" I eutircly agree with the Noble Eatl that the difficulty here arises from the peculiar stature of the case itself, but the reason why I venture to call tun your Lordships' attention is, that 1 feel the necessity for your Lordship.' to it sume permanent rule, from which yun shail not hereafter hr called on to depart. I Houk, therefore, that what is 'mitt desirable at the present ~,,,, is, that we should turn our moots ter consider the subject maturely, and not express any opinion, until we have find called iu the Connect to state what 'lepers ore Ili. y wish to be adopted in this case, irom the course of examiusii 111 l usual in other Courts of Justice, to bear their *reams...tit on twill sides, and then in come to a fixed and defiiiiie rule, not to Ire do. parted from afterwards. Nu rule should beadopted wluch could exclude the great principle of justice itself. If a Va riation should ■fterwards be required, it 'must be on a sire. ciai ease. Your Lordships had better adopt as near 21110..- 8011 e, the course of proceedings adopted in our C o urts of law. I filial, vote fur adjouruing the House till Monday, in order that Noble Lords might consider the subject well.' The Marquis of I.ansdown was of opinion the proper rousse to be takes was fur Counsel to 'recalled in, sail fur them to mike some proposition, which would enable their Lordships to stake ■n order that would meet the justice of the ease before their Lordships ertjourised. He would therefore move Hutt the question for calling Counsel in, should be put *fore that of adjournment. lo►d Grenville said, the regular course was, that Counsel should he called in, and he requested to state what depar *me they wished from the general usage of examitiatiun, and that tiny might be nt liberty in the course of their ar gument, io support of their proposition, to suggest what they might think would tend to the justice of the case. Lord Elleriborough sald a few words, which we were titiable'io bear. The Earl of Liverpool agreed with the Noble Lords, that the proper coarse would be fur Counsel to be called in, and for them to he heard, if they were ready. When lie said this, he was aware it was always the ditty of Counsel to he ready. The Lord Chancellor then put the question, " That Ike Counsel be called in, and that the Counsel armlet the Bill be requested to state what departure horn the usual course of eXAlllitlatitlll they considered necessary to meet the jus tice of the else; that her ffii.jesle's Comma' be beard upon tie propriety of such derriere trout that course, sad the Counsel in flavour of the Bill be heard against the arguments ir the opposite Coma& i" which was agreLd to. iesdolo soy tithstster, wiatibei institutes!, of Bab fkaima sad PrillltteS, or soy is dot sup be (peeled M Wert shy Illwooe. or the Noble Lord opposite (11 , hdefts Ids 1 eso now to disclose that' goisliins) that be swede it dm- I or fornishiog the wane, of the wltoesiri. Now, wiy , I ooly feel it oriessarl to say shoo ouch Go that no, dint when the Noble Lamed had made that notion • • • • i t ,. W r itte n 40 all the Merribeti who aim i g n iuhei t e i k te lliy a iga e: , Or. liroulassra Ito ' peel their tortheripe. wool 4 oa/ree Woo ti tall lOWA the very great earharriaidaent ble.lifit fen* the oltuiliort their Lordship. hlI placed bin 104 Ares they called ell hill is s 11"4""ent to 414 ! whlt et+elion Ire had to pro- P pos ar s tin ib i le nhi t ' o re P l a u r g ;t he is t° t t l o tot r i e g Pa ht 4 th i a s t owe* the weal cuourn or otanii•lnd". li e htle* fed ' Court will unsemble curly in next week. his professional reapousibiiity be was bound it all fists to out W :r e n ItA Slt te ur:::• l ,• l e p t l Zo tt yg rv is t t li tl t te ti ja l s l t t le e.W of ll l l l i nc bl enn it e e d be ready to stale that which would he conducive Iti the wel fwe of his client ; hat conld he be beard so do justice to his Royal Cheat without being prepared' to an ordiosey , tratiEselkne 'if tad pecrreieeifi 1)444 or radii stislogoiO, be * N I PurPri' "cr . gtvnilt aid hid ati i'kintwaiwn SeUf: hes it was tool toinal In grant Counsel time fur prep*. ever with th e ipae hi ne ti on i ' , w i t were j u worts" in Paris. The coincidence of the two ream* had It1W•lk ration, hut in a rase of is ten conchalsehinerorre m as b c ihi e s ; m alt to hid Royal Cliesit, it on al once In elate %hut proceeding ought to he adopted ,_• rise to auspicious which were happily withodt funs. althosteb he was the ie.sdilla tottioel alter Majesty, she had 41_ ation,—(flngelle Sr Fran , ..e.) six. Ought he then to be railed on to slate time oil oi 44 ion of the six, without having the tippet utility of Coolloultong lbsn. ? On tit:missy lath NI. de Latil, Bishop of Chirtrn. He did not know hit they might hr of otionuil that he would oa d a m c h , ,,,v i o t to moinieur, (axle t h e eterkto be wrung in momgeollinf nos narration, hot 'mire the epees. .1.1.. - s lion as it now stood fur lb. it lordships lie dries mho , . teiganre, and rite 'tiniest orders tit Mr. a limas Neldi Ilia Learned Friends ',dein say the whole process was t ill F.t4cli4ii Catholic, who last year fftientti fir •. World 1.114 1)i• native country to prepare ivanrilf fir tainted and irregular !ruin twolinniinf to end, in sotAseeptenee of their Lordships refissing a lot of wile. sae*. tad that he might now to propose the proceeding* should he a.tj.ntimeit, l the Itrirolin , 4l.—(Journol des liebats.l /11.1 that their Lordahips Oswald now grout what cps V oriel. lit- fat-Captain Gravier, and a wren , . nameh godly withheld—a hot of witoetori Use Learned Yoil`stoin might he of opium., t h at he sisuald promote worse other Buittott, have by an ordinance of the Chamber 0 mode for their LortlshiPs* ad option, whether there root,' In , the ct c.. ~ been to it E sent before the Court Royal, ar; guy remedy applied to the iiijory her Majiois hail recessed, by the refusal of their Lord.laips do Inn of witnesses, which Curd of an outrage mg4ittet the peewit of tier itoy.,! was an essential requisite to her defence, fitgiiiiesit the Dodoes+ of Berry . , member of ti:r The Earl of Liverpool observes', that the rutty g0...1i0n wa., it Cowrie' were re lily ti g.. nn then, their Lordship' fooyml Gandy. ti,. Uilliret Of which w.+ to Ch ati r, would heir them; it they were not, they would he l"-sect on the order of succeniinii to . Vie thione, a crime }du. M..,.dey. It woulsroot hr proper to iv.sr wort of to arcn- • , mem now, and lon on Monday . 1 part He nou:d, th.. e 4„,,, visled by the 67th and 88th Article of the Crituma, muse that Gourmet should withdraw, and their Lordships to Code. adjourn. lirourthaut said, he wateonly going to tell their. Lord. *hips the d.dirdltin he laboured uorter.---(Lood tries of " Order, order'") Ailj,,nrord at Half l ust One o'Cloelt to Teo o'Cloek, on Monday warring. THE FAMILY OF MiliOCCHi. The following very important:artlele reletifig o_ certain of the principal witneisesag,minit tf►e Queen, extracted by the Journal des Debuts froth the Ga zette Universelk of Angshourg, *ill ptubahly tend to throw some Ilia upon the charact►r of their testimony, loud the motives that are likely no influence it. Annuities for the lives of the wit. nesse: and their futilities ore very convenient (omits of compensating; them fur their lows of labod► during the time of their residence in England, for the purpose of giving their evidence ! AUGS6OUR!I. AtInUBT "The Court Casette of Vienna and the ',notion Observer have published a contradiction on the part of the English Ambassador against the article in the Gazette Ustiverselle of this town, relative to some witnesses against the Queen of England. The fol lowing are pusitire facts. Theodore Majoechi, for merly a groom iii :he stables, Luigi Majocchi, for tnerly a footman, and their father, Motions Ma jocchi, formerly courier or postillion in the service of the Princess of Wales during her residence at Como and Milan, arrived in Vienna during the year 1819. They lodged at first in the faubourg de iVieden, at the Three Crowns Inn. They after. wards took private lodgings in the frubwurg de Leopold-Stadt, on the firer floor of the bowie of the- Sieur-Radel, a master fisriermtm, No. 6, near the baths of Diana, where they continued until their departure for London. According to their own con fessious they have received on the part of the Eog. halt Government eppointnieuts or indemnities. and they have also beets promised pensions for life foe themselves and their families residing at Conte. The facts which Bettista Majocchi (the father). declared that he could prove against the Queen of England a►e very serious, and will cover her with disgrace. As far as I have learned, Battista ;gnocchi *vent en courier to London last spring. Then Lire !gnocchi declared that the pension; to their wives :ire paid at Milan evert• ninwh by the admen's M. rate, an agent of England, residing at La Cot:trade Crucifirsa, in the. Casa Pezlnica. We it its these facts from the declarstiolis of the famity !gnocchi. If'they be false, the Eu•t'!:eh Ministry Kill be able to prove it. The author of this article, vi ho it; (quite disinterested and impartial in this affair, can not give any further ilifJrinutioa." SMALL. LOTTERY—OR rer PRIZF.S--FEW Tic.- KF. NY CAPITA IN--A 1.1. STEAMS. Mu. N EY—•ALL NEXT W EDN FADS?. 'l' II LS ft PP F ‘iS LONDON, MONDAY. Avoure 4e, ISM We have received Paris Papers of Thursday L o t. From one of them we-have eztricted a very cutwus article, relating to THEODORE MAJOCCIIt, principal witness against the QUERN, which will be found in another part of our Paper. Tile cirn•nm stance therein stated, respecting the grant of ar poititmet.ta and indemnities, and even of peticon. for several lives by the British Nlwistry to the family of MaJoccut, and those of his father and brother, would. if true, destroy all cantideoce in their testimony against her NIASERTY. T lir proceedings at law against the conspirators rect.:oly arrested are pushed on with great vigour. If ss, may judge frosu the tank of WOW of the per song engaged in it, the conspiracy seems to L i v e been of a very serail*. nature. A Lieutenant Colonel and a Major of the guards are among the arrested, and the greater part of the prisoners are officers. An attempt, it is said, was made a fey nights since to set fire to the King's stables, but the object of she incendiaries could iletVe been nothing wore thin a desire of gratifying a malicious passion fur ini,chief. FOREIGN INTELLIGENCE. The latest accounts from Napl.M are of the 7ti‘ of August. Their silence respectiog the demeinti4 made by the Sicilian deputation would excite a suspicion that they were not of a iileinzing nature. Sevin days had elapsed since the Jrputi. com municated their wishes to the Prince Vicar-General, but they still continued confined to the residecc-: which had ` been isiaigued to them on their first oieal from icily. The Prince Vicsr-General has. by • decree, grained es a recompense to the troops olio coo tribtoted to t h e establishment of Cite Constitution, an devotion of military rank to certain of the officers. • distribution of Oiders of Knighthood. and of gold and silver medals. The people of prleliris have presented on address to General Pion, in which they state that there are antosig them 20,000 men reedy to take up arm. in case of necessity, to pepped the coostitutiou and defend the honour and iedepeodevrce of their coon. PARIS PAPERS. PARR, avavir '4. THE CONSPIEATOR 4 i. M. °rootlet, Juge d'hennrctive, proceeds ra pidly against the inditridootht arrested on the 19th, and the days following. One of these persona, who had held • aiinatiois in the Treasury, is closely confined in the Cuncierge►ie. try. They further threat,* that it the Calatirepe should be provoked to leave Calabria, Italy itself might promt tee waiver s theatre fur the it sacred fury From this tenific denunciation of the 20,000 Calabrese, it is fit to turn our attention to the state of Austria, and eudeavour to tweet:Ain what nteartires the Cabinet of Vienna is likely to pursue. The reports that reach us from %axiom vans of Ger many upon this interesting subject ore very contra dictory, hut we think it probable that the early re. c , lutions of Austria to interfere in the domestic . concerns of Naples, if indeed any such were ever formed, hare not been comitruatictd by the great Powers of Europe, aid toot the Cab:. net of Vienna will confine itself strictly in Italy ts, the defeusive. To this effect speaks an article lion Frankfort, purporting to give the substance of t confidential note lately addressed by the Austria- Ministry to the several Governments constituto • the Germanic Confederation. This note is coucliet , in somewhat mysterious terms, so far as the inlet . tions of Austria are concerned, but its chief object is to call the attention of the Governments to 11:e danger that threaten the legitimate power of cl Sovereigns, ilhould the examples t Ciyen by Spin and Naples find imitators, amid subjects dare to attack thrones with impunity. The French Five per Ceuta. are, 79 f. 50 c —.Bask Stork, f. 50 c. A Major in the royal guard has also been arrest ed. Pglitern offieets and subolterns, recently @t reated, were conveyed cn the day before yesterday to La Force. Four of them were released ou the same evening, The number of the accused, and of the witnesses examined yeaterdly morning, Watt very considers ble. Alin° t all of them are military men, bearing marks of honour, either of the royal guard or of the legion of the Meurthe. One of the principal seats of the coninirscy was in the legion of the Meurthe. Several of the Offi ce:: of this corps are arrested. Seven Officers of the 2d regiment of the royal guard were also arrested. The conspirators are said to have prepared a list of the victims who were to be sacrificed in the first instance: Owl , amounted to no lees than . S 2 per sons. The principal club of the conspir inns was held in the MO Montmartre. The President was an officer of infantry, who assumed the nom de guerre of Captain Pilot. This officer has escaped. Lieut.-Colonel Denizel was arrested on Monday last, by order of the King's Attorney-General. The Grind firfetvndary of the Chamber of Peers 1,372 The Papers brought by the Dutch Mail whirl: has arrived contain an article from liispruck. stating that the troops iu garrison there have bre , reviewed preparatory to the march of some of it,!as it