The British Press; or, Morning Literary Advertiser. — London, England, 1820-07-15 00:00:00

Ac her conviction with 'haute and sorrow to the grave. Painful as were these considerations, let Ilse case he clearly made out—let the guilt be proved fly substantial testimony, by witnesses whore credi bility would bear the seven-4 examination without bsioithaken, and he would not •shrink from the tisk . (Iroing :the strictest justice . Boit the [louse lied oo,right triersil nn him for that exercise of his jwionsetat,wijNentt first doing every thing which it Ras p.oosible to remove difficulties from the defence. `"Pelt rivist or tt4 liotioitr arid justice of -the , vili '7The''Othmandin7 gleistos:sa of so tniot -^ rttieflitt hire*, er 0 111112ffiteytbefh',.as id tiiT distilty.or ltidivirbod 2114 tartellritaiittleirel'hifra6tA. were ittiitoitahle to t h e '1 ar/hri'd tiOufeei . ' or t heir in* * "-.1.75t [ i011( were derlieif.* • VFllteriiilioq, bark ever. so Orioofrartvottli4l, v47lii.hts only,but tqllierights Arta l!rivilegra'af . I. 4 iir the pica • si. e iro ti- anif s eriministration lust to they st , • 4lt O'r's. all litinpie ;.; none could approach them. . t Wootd their Lortfracipm to st t iiirl df the constitsitiosi, of the Ite(mlutioi..-t ahem trtipi;ortrthe ilatiite of William, am( give /her ?fit . lifficlit risi as k ed. 'teillship. • .. ... • i;thAt Mist orrice „ ahitifiratar to br*siiiineri, toorlikte alit. atillaseneasainat the ChM? hicossid be fovoishert furibiiih to • *e treat sitvisersot. Iwo Alajesty ; 24, That the fereiltteg shelf nos exsltide th k easasinstain .if other wit- Ile' cs, 'whom if rosy,ce thought arfirisalate tq call• . • added isfrii.eViiic lentarks, spd. sat ac nidst'eonvidershle cherry, .1" iicl Lp i tp COr,tekt„Loe joist, thist his duty was ;Mostilia . panful he „bad eicr hero called on to 14. b rtionit; but was Loynd by . that (July faithfully . I`rit:tl . si:liirgelt towards the Itouse, the constitution, T 'and the justice uf ,the rountry, the. ,preservation of which war. Ili • considerable degree,. intrusted to • - • fits . iteepino. ll,e.was.yery.unwilling to advert to •i; t 11a beady palmed, or to . yuktice the Report w chi hill peen roade . ofprecealents. applicable td • km to any precedents derived from times "back ;heti the accused were riot allowed Coo asel . I;i* p lead for them either. tiPoli questionst of fact or •••ol'lsv„ . they might logo for nothing. ()it the other ;)livid. they were. to look at who the parties were; em? is what Situation thry. stood. That they were • jr . eff; oildte greatest dad. parties who could he in= • *ieitcfllird i lcisht be matter of deep and earnest regret, it, to be; 1;•t theorem. principles of law were opplicoble. He was sorry to are attempt. Ovate to set ,op ats' tinctions respecting the first 'Otifiji:et of the realm, between whom and the lowest flare could properly be none. In the eye of jus; 'lll4 we were all equal ; and here it might be said, . the poorest object " felt a pang as great as bets a giant died.' Turning to the question before their Lordships. no man could doubt hut that the • fu#4isfeiiig die list of witnesses did give great ad ' 'vintage to those who have to cross-examine the ac casing evidence, and for a reason obvious enough. • that the credit of *a sound witness might he shaken to pireesmight he • crushed to stoma—might he irattered into dust and 'ashes, by. ctn.'s-examination. His Noble and Learned Friend did not deny that; ' but when the list principles of justice were con cerned, they were to consider if justice was to be trawitened with it partial mischief in a particular • it atetier, rather than that a general mischief should be spread throughout its ad 'ioration. Let their Lordships look snore closely at the case, H e wa s re grumbler at the statute of ICittiam ; and if the Noble and Leartied Lord thoitglit so, because of the opinion which he had to otter, lie would lwg the NiArle and Learned ,Lord to read the continent of es great is lawyer and nit excellent a Whig (a- meant no disrespect) as any that had ever sat its that House. Justice Foster had said of that stlitiste, that which he thought would not denied by any mail of COIIIIIIOII sense, that it wrought • great injustice at limes." The Noble and Learned LOrd would admit so much. If the statute were in excellent thing in itself, it was possible to make it 'still better ; and en improvement of an excellent thiVig most, of Course, be much more excellent. If Vie principle of that statute were good, their Lord. al•ins ought to do much more than they had yet dune. He had in one part of his life been called sr , to prosecute persons accused of high treasou ; tits consideration io such.cases hail always been • boar far he could discharge his duty iii relation to the cettime, and at the tome time observe that sta tute. Now that statute r.rwired of hint first of all be should not examine a single witness, how ever good or iieeilfril his testimony might be • foisod, chose name had not previously heti' given ii• the list of witti to the prisoner. But were than that, a misifike in stir one of the • raines, the insertion of an o, instead of an a, the spelling of any our name. wade the evi • deuce of that witness inadmissihlr. In the next place, he had to calculate and consider every pos sible mode of defeat, and the effect of every def. ct In' any one of die charges, and provide a remedy before hand. Then, if the delence were to be toillided on the grossest amid most false testimony, Vie, fallacy of *nicht might be known to fifty persons in the Critirt, their knowledge would • tie of no avail, unless they were among the list witnesses; not one of these could be called. - Soil he did not complain of the statute.— Ttie - Noble and Learned Lord said, • that it Linked a little like it. But the Noble and Learu eil Lord, no great as had been his experieotce of jurisprudence. had never in the course of 1.1, ▪ deities hero called onto prosecute under this vestote. The Noble and Learned Lord possessed • g reat good nature, hut had he been called on fur • r neitormance of each duties at had been re ,r,l of bun (the L a ird Chancellor). he would • to say the Noble and Learned Lord would grumbled more 'limn lie had ever done. Ne ./e,thyletiN such ass the law; dud as public ion, will rowdy in favour of it, let it LOrdship then reasoned upon the rearm. Insure alleged brtwerii the proceedings of Par. Isilient 011 a Bull of Palgull 61. d Prllultlrti, and al:' i gtaCtke 111 the Lower Courts on entitling' pro. crest tugs, lid "'tell winch lie maintained that there were no analogies. If so, and if the wittlum of ages had done riothing in settle the question tinder deliberation, lie coati! riot see bow they were to make up their wilds to the priiiciplr propos.d t oe ih ei i guidance. Be would go batik to the Revnlntiou.• otierreasorring boot the experience of that period downwards, fie would say, that so far from that be-•I fog the right principle for them to adopt, the less the proceedings of that House were esiiiiiiilated to thy practice of the Courts below, the beta • ter he a b.uta like them. it welt for Pailisitent to Oct)har function, which srcure • keep perfect the act in exact conformity with Legislation a rule which prekeribed:the prin. ' Ind practice of 'lllka andlPeasilties. •, hear 4 —I t wits clear, thdrefore; that they with such Bills upon their *Pacific and merits as they arose. The only principle most ever keep in view was the attain. the rods et isuhatootial• justice. Upon • least, he was sure they were all agreed ; and ground be called upon their Lordships to se the motion of pus Nulele and Leaman' Friend. place they were bound to cosisider whet course was calculated the most to contribute to the attainineist Of lbw rude of sulisisiitnl justice ; In the second, what course would lead, with the • greatest speed, to that anal ttttt ent ; and thirdly, by what particular ennuis that course could he con ducted. As to the first pond. lie had not heard a single word *loch weed to shear that the old- Wale attainment of substantial justice would be eudaugered by adopting the course pointed out in the Motion; on the contrary, he thought it quite clear . that the ends of justice would be speedily forwarded by the adoption of it, for it would altogether ob elate the great incutivrnience and real evil of an adjournment the midst of their proceedings. which it was is all 'muds admitted they insist allow .to the Muni-toga accused, to enable her to prepare fur . her defence. That great isicooveitience they would obviate, as well also as the oilier serious 1111. ,pediment to impartial justice, namely, the public coition of the evidence for the prosecution going forth unaccompanied by that for the defroce, and creating thereby iii ex-p arte feeling. prejudicial to the attainnwilt of substimusil justice ; that publica , two would be a great evil, and Oleo, us' the 'other band, it would be an evil equally objectionable, to .put it in the power of arty of her Majesty's Cohost!! ~tooiay, that had he had the whole of the evidence before liim, and been fully apprised of the impression it created elsewhere, lie should have been timely prepared with the menus of rebutting the unfavourable impression thereby occasioned. It was, in every view of the ease, essentially impor tant that the evidenceou the our side and on the other should go forth hand-in-hand, and that the most effectual larallll shookd be taken at the outset to conned the our branch of the proceedings with the other in the nearest possible space of time. Re ference had been very forcibly made by liniLeartird Friend to the list of witnesses endorsed on the buck of ordinary bills of indictment. It may be said that this was not prescribed by law, but yet was it nut the practice by sufferance ?—(Herr.f—The accus. ed had practically, if not legally. the list or the accuser's witnesses on the back of the instrument containing the specification of the charge ; why then not by stiffrance give the puny herr the same advssitage Let there he; if it was deemed essrn . hal. a reservation to call fresh wituesses tin the part of the. prosecution, but let the list of the witnesses at present contemplated be delivered to the accursed. —(Hear.)—The prosecutors must be prepared with such a list, and ought to feel no difficulty is making it out. The charges had been long in pros oration ; time enough had elapsed tor digesting its materials, and providing all the proof deemed necessary. Let then that information be giVeo Cu far as the list of witnesses went, and let it he considered al given , to avoid the inconvenience of an adjoutmoritt alter the proceedings were ac tually commenved. lie would confidently ask whether the grunting tint list how to save delay, of the yielding to an adjournment during the proceed. logs of one mouth, two months, or perhaps throe months, which he could easily conceive her Ma jesty might br iu a situation to ask, which course would lir more calculated to interfere with the anal tttt tem of the ends of justice ? Let them Otto look tit the time whets the delay, which be wished by the motion to see if possible avoided, was likely to occur—at a moment of great public (ta ntrum'''. of great inflammation arising out of the nature of the accusation, and the means taken to support it—the foul and impure cha racter of the accusation (without meaning in any wily to pass an 011101011 IVO!, its meriti) must at that time be generally knows', so p productive of abundant feeling. Lordships would dint have during the delay to witness the operations of such an inflammation out of doors, without having it in their power to ;accelerate dist to which all good persons would then - so sostiously look—he meant the termination of Il se p a i si t ii i end tttttt °riotous proceedings in which they were 'swaged. To obviate such evils, and to leave no cause exist any where to question the fair equality of their Lordships' course, he shosild'inost certainly 'support his Noble and Learned Friend's *Bottom— ( Hear.) The Earl of Livrwroor. said, that in avowing his intention to oppose this motion, lir was prepared to meet the subject on the broad claim of stibstantial justice—the ground on which it had been so liffollgly put. lie agreed with the Noble Lords opposite, that litlls of Pains sod Penalties. so far from being in accordance with the ordinary course of juatice, were in their endure exceptimis to the regular law of the land. lie agreed with them also, that in this tniniteptops case, they were not called upon to abide by the rigid rules of prece dent, hot rather to be governed by the substantial justice of the case.—(Heur, lieur.)-11; therefore, tin the fornor slight he had expressed a desite nn the point of precedents—if lir had wished that such precedents were sought for and examined, it was not with atty anxiety thut their I,,orihrhips should fix their attention altogether upon any. inflexibility of precedent ; for if the precedent% lied been as clear on the one side as they prayed to be 011 the other. he should still think that the only safe course wits to consider what, mode was hen calcu lated to secure the attainment of substantial justice. When lie alluded therefore to precedent, his prin. cipalobject was that they should come to the dm cussi upon this point %nth all the lights that could be thrown upon lb...with no other view wee lie 4011100$ to have a search made into precedents. is ass now clear that there no precedents to justify this mown,. But lir repealed his readiness to put out of Ilia consideration the plea of precedent, and In admit that the !orient application ought to be granted, if it were not found to fie inconsistent with the anal iiii tent sit substantial jastice. (Jo that pond then he was prepared to join issuer with die ,Noble Lards opposite. A past of the Noble and Leitrim! Lord's there,' (Lord Er skine's) eras taken up with sliewing a sort of analogy between their Lordships' proceeding sit this can auJ a trial for high ttesion, and 111 tbe e • mule : Of hi. argument, he. portly fonOtleaSvrea vetoing upon the Act o f King William, an d upon the prettier of endorsing lists of witnesses noon in dictineuts. The Noble and Learned Lard had even insinuated that lie knew there were proton. who had vetoed snme'griemblino about Ilast statute. •He would candidly give the Noble and Learned Lord Iris opinion ti that Act. Ile would at once avow to him , that though lie Paw great intone 'entente', and many objecti to the statute in notation, though hie. doubted muck that its 114111 all• owes were greater than its Aieadvantages, yet still he was equally ready to confess he had no tamer, on that account, to see it expunged from the sta tute hook. It had lasted long, and he had Nees, Wait justiet had worked Os even way with it ',vetty fairly between the accuser and the Wersowd.— '(Hear.l—ile teas not a permits who in the diaeliarge of Ins duty weight he controlled or infleetietel by popular clartmir. If that Act bad worked badly, . tf it had let oil the guilty 111;114 and been ineffec tual to tlw just nectieer, lie should not hesitate to propose, in defiance of any chamois'', the repeal of such a law. But if it were generally admitted that .this law had Idabel long, and worked its may as • fairly as other laws generally did, without tieing Worked by any &grant ineflicery. then lie should say, that it would be inexpedient to repeal such a View, orto touch that which hail an long remained - a part of the law of the land. The prupnety of that admits. the Noole and Learned Lord well knew had here strongly doubted, not by high-flyers of pre. roe:love. or Jscobitets, but by the greatest Whio Lawyer whore opinions were ou record. The Noble and Learned Lord was aware of the statute of Anne, c. 111, which regulated the preceding Act. What was the history of the Act ? The provieitowo -of the statute were not, as had heen said, intended altogether for the benefit of the accused. it was mit-titled to give its benefit only in the event of tile death of the Pretender—from and after that event accused was to be entitled to a list of the wit nesses against him within ten days idler his arraign meet. Tii skew the spirit of the Gainers of that statute, and !sow far it was from being an unqualified *Omission of the printiple, thst the accused should have this indulgence, need he state any at ger proof than thia, that for 70sears dint statute remained a dyad letter, tinrwas it until Lord Geo. Gordoott's case, in 1780, it was ever acted upon ; that was the first tune it was brought from the Statute Book. His Noble and Learned Friend (the Lord Chan cellor) had upproprietely qnoted the opinion of a very eminent mate (Judge Foster,) a man who w a s the greatest conalitutional lawyer, and the moat fa vourable one to public liberty whose name stood on record. That lawyer had said that furnishieig the list of the witnesses for the prosecution may be productive of many bad porpoise', while it could only serve one good one. namely, that of giving the prisoner an opport yof inquiring into their characters. It was of use. lie said, merely in this arose to the indi vidual, while in its general effect it had little of pas time- or sound policy. If equal justice were to be done, said Judge Foster, the Crown ought to have a list of the privoner's witnesses, to he enabled to sift their cheracters, as well as the ((((( titer had the power to sift Omer for the Crown. By this law it w a s mani fest that the accused had all the advantage. and the licenser none. Whatever degree of perjury might he disclosed by a defroilant, under this law the Crown had no 'lower to rebut it by future witnesses, he they ever so credible, unless their names were in the original list furnished to the prisoner, though, when that hot was made out, there was no posaibi lily of gatiMag at the ntistatements which after wards followed, and though they could not be known to the Crown, or the advocate of the Oriole —(/terra. hear.)—The Noble and Learned Lord who had introduced this motion seemed disposed to overlook the distinction between the statute of trea son and the present proceeding. The same privi leges might, lie thought, he given in the one as in the other, and he then asked what difference was there in the intenment, that in the nor care it was degradation, on the oilier death—and then. exclaim ed the Noble cud Learned Lord, " who is there th a t would not prefer death to degradation ?" He (the Earl of Liverpool) was most ready to agree with him, that to the feeling and sensitive mind, alive to its own reinititioti, death would at any lime be preferable to degradation. But it was not on this principle of refined feelings that the Legislature could act ; suds feelings were above the control of the legtalator, and out of his calculation in the practical consideration of legislation ; they could not. in fact, be recognized in the Way in which their influence was operative. was indeed per fectly ready to admit that the statute of William and Anne gave a material advantage to the stymied, in the way of preparing a defence, much as they militated against the rejoinder of the accuser. The disadvantage of conferring that indulgence in a care not warranted by law, must also be con lettered in smother view ; it must he considered in its effect, or the likelihood of its effect, upon stop. ping by intimidation, by three', or even by vio lence, the approach of the evidence for the prose ! , cution ; it waylays justice in its course ; it prevents its coining purely and fully before you—/Hew./ ll' what was said be true of popular clamour, it was evidently material that the witnesen for the prosecution should be preserved fro. any direct liability to its influence. He thought, therefore. on the fullest consideration of tiro whole case, that so fur from its being like', the tools of justice would be best attained bt granting this list, the very rever se would he the courequence of compliance. The Noble Earl then pronounced au eloquriot rulogium upon the sacred character of the law of England. and the manifold advantages it conferred upon the subject beyond any seemed for the people of any other mu . This great superiority could he easily traced, with lout melting any invidious comparison,' with the new modelled lawn of other Stales. To that law, moire which they had so !wig prospered, cud whick, firmly secured to them the steady administration of equal justice, he entteated them now firmly to sa l here. He preferred !o slut. by its general Oise ciple, rather than by the specific proviWou of ao r single statute. Allusions had been made to 48 list of wittiessiess which sometitnes appeared on thli back of indictments. But was it nut known that 5001 a hie merely contained the names of wilnessite who were trego before the Grand Jury and Wallit not equally known, that in toasty instituters not on were few 14 those witnesses actually remitted fore the Greed Jury, but did it mit also happen' I N)a 1. that other and different witness', weir brolight to tiupport the accusation when it came to be lieml full trial ? Whir rheireil that the practice era. . _ . so general as the Noble Lord., opposite . reolt . 4 l atomise to place it .—(/fear.) - fie should tine come to apply both the feeler-al law mid the ono. eiples which governed it to the particular cAlle, very mode required by the law in gleieg a list t.i' witnesses puts . a ciewstive moose motion. a 110 were to he given as till. it must be a and cemplete list. huh how .11110 11 in turn power to give such a list ? The Noble Lerila is tlwir argument% repeatedly and forcibly tiro. , that en impeachtneut wools) lie tow more snita:d.. course to have taken on this occasion. Sup t ...-. then, fur argument woke, eri isrpeachment WA. 1., slit died—would a list or a iturasea . he st w „ , spook! their Lon/whips hive the power to give 0 , their inclitiatien what it may, that IN to Kite 11 .) as to nervier the object of Ow party weltin g it , an impeachment Alien Lordship. entelil Is" , .2,r 4 „t a list of witnesses without the 'lowan...tic, ..1 House of Commons, soul suppose they laid that co eiciirrence, of what would it' avail for th e Ni. cased, edamr the - Coinmosis had still the !Neer not only of !stinging forward fresh svitnessea as ultra as they pleased, bet also new charges without limita tion ? II the trial then came we by impeachinette the recuseil could not have iii any way received tie benefit now sought by this must. 4.--(ifeve) Their Lordships loud not lure to try a simple its u p betWeell two 1111filet ; 111141 no regulation as to wit. ~eases at tlw outset could conclude the pr e c t i o . Humber to be Balled. .Their Lordships had milt %futurity an undeitiable tight to-call witnesses to the ease—witnesses too who could not he anticipated in the early stage of the proceeduip, lie need out refer them to a case heard a few years ago at their b ir, when some of the Most important evideuce given was not from the witnesses celled : by the parties at ether side, but by individual Members of that house.—(Hear.)—Rut it was said that if this list of witsiessrs were n e w gi•anted, it wool) obviate the more than probable isicutivenieitee of an ad ojournment to the midst of their procreditigs. fi e tinned that it would obviate this inconvenience, it would not get rid of it, so that there was ail end to the argument so far as convenience was • urged ; fur if the list was still easily foresee a variety of occurrenices clueing the investigation, which would justify her 31113 i c esly . . Counsel in ciellirg fur this delay; and leave their Lordships 110 alieroative but submit. „ling to it. Ile was of opinion, therefore, that neither the principle nor rearms of • the ea , .• went with the applications—that no iiiconvemence would be obviated—that a complete list was im possible. from the very nature of the proceedino24— awl that a partial one, which wits all that could now be made out, so far froni bring of use to the accus ed, might rather prove the reverse, and look here after like *prep intended fora disingenuous purpose. lie had now stated alt he meant to urge in reply to the arguments in favour of this motion, and how he thought conceding the claim would affect, sin fairly affect, the witnesses for the proarcittion. Ile would now leave their Lordships to decide which was more to be dreaded—the !tower of the Crown 011 the one side oventretching its authority, or popular clamour on the other exciting undue inflamma tion.— ( Hear, hear, hear. 1— Let the uccusation be fairly and unequivocally set forth ; let the witnesses be then heard in its support, and af terwards let their characters or testimony be oar ed to whatever extent may be required; let a fair, he would say a liberal advantage be given the illustrious accused to make every preps. ration fur her defence, but let them take care, while securing the full 'possession of those just op portunities, their Lordships might not go a step further, and adopt a course which; instead of facili tatilig, was inure calculated to impede the strain mein of that great object which they had all lit view—(ups and substantial justice. Lord Hot.L•rin remained on the strong eon fusion which pervaded, the speech of the Noble Earl who had just sat down, and which was, in the view he (Lord H.) took of it, utterly inconsistent with the atta 11111 l rut of speedy and substantial joss lice. The Noble Earl, in his argument, was very ready to acknowledge that, in in this core. they ought not to be inflexibly bound by precedent— he had failed to skew that there was in GCS any precedent which bore in such a case as and yet still he talked of rule and practice. as if there was the light of either to guide Own) in this lonian! and - momentous inquiry. Hr seemed to argue as if rule and precedent applied iu this case with the seine Flailosuphy and reason es they applied in others, and that their Lordships had only one path to tread in pursuing this inquiry. The Noble Earl had justly and eloquently eulo gised the laws of this country, but his eulogy was misplaced at the very moment when he twined a deaf ear to a claim so just and so fair as that ;im posed in this motion. Let it not he imagined b y those who rejected this motion, that they were tak ing the course best calculated to amens ektesues of substantial justice—let them " not place that flittering unction to their souls"—let them not believe that the course of proceeding they were now about to adopt had • reference to the fair administration of impartial justice. It was. un the contrary, an exception to she principles and practice of law, as well as to the ordinary course of parliamentary proceedings. The Roble and Learned Lord, in allusion to the necessity of adhering to form and prartic,, as au indispe,... sable ingredient in the procerilings of Cour!. of Justice, has very justly said, that it is . 1 1.-r to suffer a particular mischief to occur. than r.• avoid it by the sanction of a general measure, windy court be carried forward as is precedent hereafter. All that was very well, but what application had it to this case? Was this the orderly course of proceeding, or was it not an anomalous one, ut terly at **hence with all the prescribed rules of law, and opposed to all the ordinary unities of con ducting the administration of justice ? Their course was, iu fact, to say to the illustrious penwiage wit(' was the object of this inquiry, ,* Your rank and con dition in the country is such. that no iMpeachrnent under the circumstances of the case will reach you ; the ordinary forms and common In:mints of law cannot also touch you ; we ate therefore obliged to resort to a course *hich it not jellified by law, by reason, or by necessity, and we camel control that Comte by any principles or tales drawn from the practiee of other tribunals." net might add. n. He ilia the Levis to dives; iit Ciple and pi eh were —akar. A the ttetstifistioaii;liad must deal with► the Courts b*w. peculiar ins Lir statute which losdeis which they he would say, that Irgis. 'smut of all proper to apply the prinei- ,that. at lea' uhamentary proceedings. nor that grin te.Legishiture Awed tabor- cede to the I motile Mtn. consideration, In the first of it ware I course was But *htt tof tliNt putticithar ou held up? At oily rote lotion hail not I bought it proiwr Or of thist statute to imfl . - ,For it wthithl.be Newt the. (pseuds , taktn the? very sot and try the 120111 Geo. 11. the pronpuons of it were itrictly.entifitied to the object*. expreised in it. ' Here : MO; was shelves the utmost limits to which tinter' provisions wnold.go in care* lake the present. Couneel midst be *flowed the occulted. to aonsi she e xeminutinteebewit as to law aod fact ; hut when the statute or William passed, was it a general priogiplet of the criminal law, to furnish a iipt of wit. nesirs or not ? The high treinson law throw** sit eZrzePtion fiOnt the getters' rule of law. H e had acknowledged the seem experience of the ;Noble 'and .I,errited 1..0i5l to criminal lap.. Ile would , put suite qusitiou to : lon, upon his answer to olkielt • lie wou)d e trust. the dectsioti of the Ergo., instet,li %V bet would become of tlueadministrstion of lusiiie iin civil end criminal law if the prow color *ere coniprllerl before hand to loutish a but or wit ! Atesses to, the ((Irrigation ? Nu one knew better that the Noble arid Learned Lord ~ what snorer' tits_ give to suele a .question ; yet if 'an pr . ilicii,te write applicable, why uut extend jib all accusatiops whatever ? Why, simply, betrause it was felt not to be of .safe application. tsesides, their Loid.f.iits had the opportunity of , eying time, if the defence should be found to re quire it, and in the mean time preserve the general interests of justice with respect to general ac- Orsatilsits.' It had been raid that there .were particular circumstances in the case which re .. quired 'manipulate indulgence. But what were 'they ? How could they make an exception here with sefety to the general interests of justice ? Tlie Milan Cammissiusi had been 'Wrested to, but lie did not 'weep to say any thing about it: his Noble and Learned Friend would not deity that an ex pUrte examination might be useful in parti- Cuter cases. Theo as to constitutional principles, did it not belong to them to adhere as closely as possible to their finictions, and abide by the usual proctice of Parli.unent ? But the case was said to contain allegations with respect to one iiiili tricloal. without distinguithing time or place. Now the 13tH set out a series of acts committed at such and such particular time., and one of its 'id- Hoaxes, in point of clearness was, that it had reference to acts committed by that one individual, *hose name and description were specifically given. Thee question theta fur their Lordships would be, would they sacrifice that principle which pervaded the general ademitistration of justice, sod introduce on anomalous practice into the proceedings of Par liament ? or would they maintain those great coven. foil principles of law which had directed the coun try from remote time ? Ile was compelled by duty and conscience, and by the teeth% interests of jus tice, to negative the motion. The Marquis of Lastsoostete wished to Motion the House to be more scrupulous as to the preserva tion of the substantial part of justice than its mere form and colouring. Ile complimented the elo quent and able speech of his Noble and Learned Friend in bringing forward the motion ; he felt pride in considering that the motion itself had been brought forward from an inducement furnished by him in a discussion on a previous night. Ile felt and hoped. that the giving the list of witnesses would be considered as an met of justice to both the illustrious parties. H e b e li eve d there was no party in the State which could feel a desire to encumber the defence of the Queen by any difficulties which could he avoided. Ile was sorry that any attempt should have been made at so late a period to settle the merits of the question by precedent, especially after Minister, had required them to abstain from searching for them. But after putting to sea without any such reference, it was more than he could have expected, tow these saute Nliiiisters preparing to guide them by those very landmarks they had before taught the House to consider as wholly insignificant and unworthy of notice. Their Lordships should recollect the great importance of the functions they were now about to be called noon to exercise. It' there were, indeed, a course of precedents to Klink them—if there was any fountain or stream of precedent working itself clear in its course. enriching Itself as it flowed on. then, undoubtedly, he should recommend it to their Lordships to proceed as they had hitherto proceeded, and fortify themselves with the low of precedent* they had set. But when they looked back upon past times, and could find no such clear stream of justice—when their retrospect ouly led them to die contemplation of mingled acts, some of which were unjust, and others only justifiable un der their peculiar and extraordinary situation at the time, how could it be said they had the fight of Kecedeut to guide them, when in fact they had Ito such ilium as precedent in the cart ? Were they to be told to adhere to rule where no rule could be collected ? Writ they to hr told so, too, where their proceeding was an except to all rule, and odor tified by any precedent ? The way in which all the writers on legislation treated the subject uf Bills of Patios and Penalties, was certainly very different from that in which it had been treated by the No. ble and Learned Lord MI the Woolsack. They slid nut justify them upon aity precedent of law, but, on the con ~ as extreme cases, in which no law existed its applicable to remelt the point. Mr. Jus tice 1111.1CkliOJW, that eminent expounder 0 1 l aw and reducer of it to rule, wherever it w.s capable of being Ms reduced, when speaking of Bills of Pains and Pentritiee, truly observes, that they are referable to no law whatever, that they are subject to no taw, that they are pro re thaw flow therm, was any principle of law applicable to them ? Where in all the ponderous voidance under which the shelves of their law students groaned, was the vo lume of a siticle commentator to be found who laid clown a consista;it role fur the guidance of Bill* of Prins and Penalties ? Was there an attempt to re duce that system to rule. even iii this age of book mokiii. ? And for int obvious reason — because it was fe lt that no rule could be laid down fur cases so rare and peculiar in their 'Wargo. It would Ire Ijust as reagoneble to expect the astronomer to des scribe by siontipation the path in their system which a comet Would elite year tress, es to expect from