The Sun. — London, England, 1820-11-02 00:00:00

HOUSE. OF LORDS=THp DAY.' - The usual formalities were gone through by - _ twenty minutes past ten o'clock, soon after 'hich' the standing Order of the House re specting the manner of voting on the Pains and Penalties' Bill was read at the Table by the Junior Clerk, on- the motion , of some Noble Lord. It appeared that the LORD CHANCELLOR ITollid be called on to =vote first ; and that every Peer must standing uncovered say Content or Non-content to the Bill. Lord4loLL.Awo here observed . , that the ancient incide of taking the - sense of their Lordships had been departed from; while another more compen dious . was substituted for it. It was at present the practice, on questions being put, for the Lord Chancellor .to =declare his opinion of the tense of the 'reuse ; but any. Peer might demand a diVision, if he thought proper to call for oue. THE BILL. The.Larat CH AN CELL() n now 'rose, liaving left the Woolsack, andobserved that the only.::ques tion now to be considered by their - Lordships teas, whether. the present Bill, denominated a Bill of Pains and Penalties, should or. should s not be read a second tirne. In the - ordinary course Of pro ceeding in cases of this kind, Sounded on di vorce, it was customary for, their 'Lordships to hear proofs adduced in support of . the allegations of the Bill ; after which he retired from the Table to the Woolsack, and intimated his opinion of the evidence to the House, when it was competent for Noble Lords, if they chose, to differ from him, but not till the question had . heen . put 'respecting the second reading f the Bill. Though the preamble of such a_ Bill was usually postponak, yet when .the question for postponing the preamble was put, it was corn potent for the House either to amend or alter it. If indeed - the House should deern'it expedient so to do, they might introduce a now Bill in the pre sent stage; but this was never done• except for the purpose of mitigating the penalties Of the "original Bill. On this occasion he could assure the House, with the utmost sincerity, that he was distressed far be yond what he could express, and that he never would have addressed their Lordships on this painful subject, if he could have retired from the discussion of the Bill consistently with the sense of that duty which he owed to the House. There were many considerations : which would have induced him not to come near the pre sent Bill, diStressed as he felt, beyond all past occasions ; but,, whatever might be the conse quences, he was compelled' to make up his mind to the discharge of a duty from which in conscience it was impossible for him to shrink' In stating this he would admit that no man Ought to support the second reading of the Bill unless the Preamble of it were substantiated to the sa tisfaction of his own mind ; and if he was not Convinced that an' adulterous intercourse had taken place, no Noble Lord could fairly vote for the second reading. Some mistake had gone abroad as to the part allotted to him in this pain- Stu case ;. it was not his duty to sum up, but to state his opinion to the House, and the reasons on which that opinion had been founded. They were all assembled there as Jurors to discuss the ,subject, and assist each other in. forming a judg ment of it. -Much had also been stated with re - sp_ect to the proceeding by a "Bill of Pains and Penalties, and it was said that such a mea sure should not pass, unless the state of the Country called for it. Their Lordshipi had now to look hiCk no farther than 'the Resolution of 1688, when they would find, that such an enact- . !bent had then taken place without any neces— sity "being made out. In regard to the pre-, sent unfortunate case, he had stated before, and would now repeat it, that a Bill of Pains 4MI r'enalties,Was a more favourable course towards: the. party , accused, than proceeding by impeach.: Merit, as proceedings .by impeachment Were` . . id.the first instance ex,parie:; and in this instance a single vote - in. the Lowerllouse, where the Ina peachment must go, was sufficient to decide at once whether., there should be an Impeachment or not. In this House; their Lordships were guided by the rules . of evidence, and liable to be corrected, while in. the Lower House there, .was only one opportunity of deciding the case, and, if it should err in their opinior4 there was no remedy for the mistake they had committed. But in this case the circumstance must go through both Houses of the Legislature, and be discussed in each, so that the error of to-day might be discussed by the wis- . dorn of tomorrow, and the mistake of to-morrow be.remedied by the-wisdom of the following day. Another of the objections to the present -Bill, was, that their Lordships would be submitting their judgment to that of the. House of commons. He would certainly own that this was partly the fact, but did not this happen in a number of Bills, particularly in those that were applicable to . , . Divorce ?" la regard: to Impeachment, one of the mischiefs of this proceeding was, that it might involve the Lower-House in a contradiction with . the 'Upper. Passing by these points, it was complained that no specific charge had. ori ginally heed made., out, and that a List of Wit nesses had not been furnished. In what way could charges be so well specified as by the -in quiry that had been gone into ; and how cotrid a List of Evidencesbave been furnished so well, as by producing them at their Lordship? Bar, especi ally whefi'lime was granted lo go on with the de fence? Yet if their Lordship's had preserved that most valuable part of their Constitution in mind, without which justice was of no value, if they were bound by4hatgreaffinciple of British Jus tice, that accusation was-119s proof of guilt, and whether 'they were proceeding by a Bill of Pains and Penalties,-or -by impeachment, that it was their bounden 'duty, to hold the accused innocent till they came at their decision, then her Majesty had nothing to fear from those 'sill ficulties which: she 'might have appeared to have struggled with. Their Lordships, he trusted, would also lookat the difficulties 'of procuring the evidences in this unfortunate case ; and if-:they found there was much More facility in getting the witnesses for the Bill than againSt it, this con sideration would operate in favour of the Ac cased, who ought to reap the advantage of it. Taking, too, the account of the corrupt means alleged to have been used in regard to Itastelli, or any other witness, or if this circumstance led to suspicion in any other way, of this also the accused would have the advantage in the judgment of theifLordships'Honse. All these circumstances should be taken in favour of the accused side. But laying 'aside all that part whith could be sus- . petted, and taking the unsuspicious testimony in support of the Bill, did the evidence in answer to the Bill deny the evidence on which it was founded ? Did, in fact, the unimpeached testi mony, taken all together, fairly support the alle gation of an adulterOus intercourse, or did it not ? The course to be taken, 'he imagined to be this, , if their Lordships discovered that one or two cases were well proved, and if they looked at circumstances that had also been proved by those whose testimony wasabove all suspicion,and if they coupled those cases and circumstances so proved With the relative situation of the 'parties, his opinion was, and he was distressed, and sorry to pronounce ft,—that from the evidences on the Table of the Ilcease, he could not draw any other conclusion than that there had been au adulterous intercourse. (Deep cries of " Hear, hear! ")-7-Contradictions were mentioned too triumphantly in the ordinary mode of summing up ; more weight had , been given, in his . opinion, 'by Judges to the cir cumstance that no contradiction was offered to the evidence .than- in reason ought. Many cir cumstances there certainly were - in which it must not be inferred that certain things never had been done,-because they could not be proved to have - taken- place. Contradiction was often most difficult where no others than the parties were present at the time who were implicated ; who could contradict what took place between them ? but on the other 'hand, in cases Where there were many persons present at the scene, and it was possible to get at,contradiction to al leged facts, it then became of very great iinport ance to remark, that no contradiction was found ; and an evidence was entitled to credit, by the tacit admission of the Accused, who thereby was sup ,. posed.to ackuow.Wfge the charge. The Noble and Learned Lord applied the foregoing remark to . what passed on board the Polacca by ob srving, that when there were So many persons on board, not oaly dill .not one passenger swear to the absence of 'Bergturrifrom. the deck during the night, hut thatesen the witnesses who had been called in behalf of her Majesty, had with great reluctance been l ob liged to admit that Bergarni bad slept under I,he tent for the period of five weeks. Majocciand Dumont were stated to be perjured; though there 'Were some /ontradictions in their evidence, it did not follc4 that there was no truth in it:; but without these witnesses,, the case was sufficiently made out.--L(Here we left his Lordship speaking.) THE WITNESS RASTELLI.—We are assured that this person, in'company with two other Ita lians, arrived at the Foreign Office about nine o'clock in the evening of yesterday se'nnight ; that he came over in care of Mr. DYKES, the King's Messenger; and that he is in such a bad s lat e of health' as to be under" the necessity of travelling the whole idiitance on a carriage bed. — (Morning Herald.) HER MAJESTY, we are assured, has signified her intention to withdraw wholly from this coun try, whatever may be the final issue of the pend ing Trial.. .It is confidently rumoured that many of the Peers have expressed an intention to enter this day into the merits of the question as to the im tilted gUilt of THE QUEEN, and to comment freely, not only on the evidence of the Witnesses, but on the arguments and conduct of her Coun sel. It must, indeed: be acknowledged that the Conduct of the Counsel' for TuE QUEEN, according to the opinion of the Noble Writer who favoure d us with the REMARKS ON HER MAJ ESTY'S DEFENCE, the conclusion of which we yesterday inserted, has been grossly exceptionable. To use the words of that Noblct Writer, 44 the dignity of the House of Lords, every rule observed on like occasions, and' the Court itself, have been sacrificed to the unprecedented and unreasonable clainis of HER MAJ ESTY'S Counsel. It (the House) has submitted to most insulting dictation and interruptions, and has borne with a conduct, on the part of her Coun sel, that never was before, and never should have been, suffered by the House." The People, in general, who are, thank Heaven, to be discrimi nated from the mass of senseless, credulous, and interested Addressers, who have insulted common sense, trampled upon decency, scoffed at inquiry, and held in contempt the proceedings of Law and Justice, doubtless read the presumptuous and arrogant conduct of her MAJESTY'S AdVO cates with proper indignation, and will, we are persuaded, feel gratified in finding that any of the Members of the august Tribunal come for ward to repel such daring outrages on one of the essential branches of our unrivalled Constitution. PRICK OF STOCKS THIS DAY AT ONE O'CLOCK. qank Stock per CCM-. 1ted...67/ 66g 67' 3,per Crnt.Cons. 67/ 63 67ig 31 per Cent. .1 per Cents 5 per Ct:Nayy Ann. 1041 lO4 HIGH WATER AT LOND( Morning, 0 inintitts after 0. Bank Long Ann. 17 7-18tlis India BnnOs . ..... 263. pr. South - Sea 5t0ck........ 74i F. Bills, 2d...... .4s. ris. pr. Cons. for Account 671 GS 67i g )N BRIDGE TO-MOR W. Ereniny. 15 nunutes after 12 THE SUN. SOLEM• QUIS DICERS F.4LSUIFI AUDEAT? LONDON, THURSDAY, NOVEMBER 2, 1820. LATE FROM INDIA. We have received Papers and Letters from India (Calcutta), dated June 22: The Christian Missionaries have obtained permission to establish themselves in the Dominions of his Majesty the King of AvA, provided they do not divulge their opinion of spiri- that waiters. There had been a complete failure of all the Cotton Crops in India last season ; only 30,000 bales was the utmost of the year's production. News from Manilla, 30th May, state, that a strong rein forcement from Europe was daily expected, as the Governor had received a communication front the Patriots in South America, threatening that place, and one of Lord ComanNE's frigates had been dispatched for that purpose; but soon af ter she sailed she captured a vessel with half a million of dollars on board, and had taken her, into Valpairaso, but had she continued her passage she must*have fell in with the two ships which arrived there in May from Acapulco, with two millions of dollars on .board.. As there was no military force at Manilla, it was the resolved determination Of the Governor, if he received no assistance from his King, to sur render it -to the English Government, and bad dispatched a Message- to Bombay to that effect. Advices from Batavia, the 28th of June, state that a Dutch Commissioner had sailed for Europe to represent the present distressed state of that Island, and the expence and inuti lity of their settlement on the coast of Coromandel, and it was expected would be withdrawn in June or July. We received this morning the Paris Papers of Monday last.—The following are extracts :-- "Paths, OCT. 30.-resterday the King held a Court, which was attended by the Princes, the Ministers, several Marshals, and Members of the two Chambers. Letters from Petersburgh the uth inst. say, • the Count de Nesse!rode, Secretary of State for Foreign Affairs, sets out in a few days for Warsaw and Troppau.'. "" From Berlin, the 21st ittst4.it is stated, the Prince de Harelenherg set out yesterday foraTroppau.' " The trial respecting the exPlosion of a petard some time since under the windows of the Duchess de Berri finished, yesterday, with the exception of some part of the Defence. The Ve'rdict• of the Jury will be given this day. " ViexNA, Oc•r. 19.—The Marquess de Caraman; the French'Minister, set' out the 15th for Troppau ; the English 'Ambassador, Lord Stewart, proceeded yesterday for the same destination. a According to Letters from Trieste, Ali Pacha was, up to the 22d of September, still defending himself in the Citadel of Janina." DISCOVERY SHIPS. Our Readers may confidently rely on the fol lowing account of the Discovery Ships, the-fate of which has naturally excited so great an inte rest :—The Ellison whaler, of Hull, is arrived at Stromness, from which place she writes, on the 26th ult., that she spoke the Ilecla and Griper in lat. 68. coming down Davis's Straits, all well. Captain PARRY reached as far west as 115. long., . • j which is five degrees beyond ilearn's River, Sfl thei:e they wintered - in lat. 75. Theyinay hou ri l be expected. re' ANOTHER ACCOUNT.--A Letter has been ceived from Aberdeen (dated the 29th Oct.), this morning, with the following account- : • Accoun‘g from the Elizabeth, of this 1 044 from Davis' Straits, dated Stromness, 26th ins 4 with advices of her arrival there with the ton; the former with 14 fish, and the latter 'li lt 15. The Elliston spake the Hecla and Grir ef Discovery Ships, on their return, in lat long; 69. all well, and was informed that did had wintered in lat. 7.5. long. 115." Tnt WHIM—We have continued our e-xtrac t this d'ay from Mr. Nrcnor.t.Vs Work, and have inserted observations "on the state of Parties in England." 114 display much good sense, and genuine patriotism, and Wd an interesting comment on the conduct of the Opposi ll°11 : In addition to our observations of yesterday, respecting C'( duplicity of that Party on the two greet question, ° Popery, and Parliamentary Reform, and the selfish tires which regulate their conduct upon them, we c A 'll only say further; that we have ever beets at s to know upon what foundation the Opposition rest their eli 4 : 4 to public confidence and esteem. " They eomplaiii;" 61' Mr. Nicitot.t.s, " but unjustly; for they Bare no right to el.' t pect that the people should exert themselves to plsc e l: " set Of individuals in office in the room of another: / . _ 4 4- merely because they assume Mr. Fox's name that expect to be elevated to power, or because the/ di : vain enough to pretend that, when in (Alice in Iftel 6 7: their merits were great, and their measures henofici' energetic, and constitutional ? If we turn to their f :, duct at that period, we shall find it displaye4 - ries of violations of every principle of propriety and. _VI whilst there scarcely ever was an Administration sr s c upon the same basis, and with so little regard to old ester: j ed regulations in the apportionment of offices-. "What co e be more unconstitutional and dangerous than to lisk4 the Chief Justice of England a Cabinet Minister, and an Asa lt° of . the Exchequer First Lord of the Treasury; thus, - ro ll' : one instance, placing the individual in asituation which: o4l' impose upon hms the character of an Accuser, in a case which he would have to sit in his Judicial rapacity; an ( ',,,; the other, uniting in the same person two offices, 'C I " - should'form a check upon each other. Luring the prl°4i'' s , which we hare alluded, the taxes were increased; amd fiP s sures of regulation were adopted, which were as oppreerie[ as they were obnoxious, whilst nothing was done for th e _ of the People, or the reform of the Constitution. To men, actuated by such motives of interest cad alibili7; as, it is clear from their own conduct, as welt as fret° (3 . 4 evidence of Mr. Nionom.s, influence the Oppositior, confidence can never be yielded. The People misteverili itr " - their promises, and look with a jealous eye upon their sures, seeing that hitherto, out of office, their patriotisn t • of only been evinced by empty professions, and that In te flee their conduct has been unconstitutional, and as li ttle-O ducive as needs be to the general prosperity and welfare 00. Empire. ESTIMATE OF PROPERTY.—In our Extin ct : 4 , from the Morning Papers of yesterday, a Pnj graph was inadvertently taken from The ger"; o relative to the property of Sir WILLIAM Se° and the late Mr. CAVENDISH, in which thers obviously a most extravagant estimate of the tr,". perty of both. Such paragraphs are often wriS, without any illiberal intention, but they are gePT t , rally very indiscreet, and arg calculated to cite unpleasant feelings in the parties conce o .o Yet it is too commonly found in private to excite surprise, that assertions are made 4 , specting property by those who can have D 0 4) ,„' portunity of forming any probable judgrnen t '.e For ourselves, we do not presume to have P - tit slightest knowledge on the present subjert 1 ", 0 we are assured, and indeed are desired I, good authority to say, that the estimate of CAVENDISH'S property is grossly exagger as there are many individuals in this C f , lent Country whose wealth is much more /jeer tensive than what he possessed. •As to the et, o , Gentleman, whose name has been improperV /for troduced on the occasion, such is our respec t his high talents, attainments, and reverea fr - , 0 racter, that we sincerely wish his possessw - e were indeed fully eqUal to what has been 6 0 g nerously, but so ridiculously, assigned to hilm of COURT ClRCULAR.—Yesterday the D-a"- - It o YORK and CLARENCE visited the KING , 0 1 _ 1 5 Palace in Pall-Mall.---The Bishop of St.'Dasle had an audience of his Majesty yesterday.-- ;t terday the Duke of York had a select partf l o dinner.—The Princess Augusta arrived ill t ° , t , yesterday about one , o'clock from Fro:3 lo '7d, Her Royal Highness alighted front her try ri p ling carriage at Gloucester Rouse, and afmll rode out with her Royal Sister the Duche, s l : oo , Yesterday, at two o'clock, the Duke of foit cester left town in his travelling chariot Ly l e for Blackheath, on a visit to his sisti4l, 4 o Princess Sophia Matilda. . His Royal Itzeitie returned to Gloucester House to no r dinner, Princess Augusta dined with the Duke and .of chess of Clarence yesterday.—The DUche s 'o , Gloucester had an audience of his Majesty terday. Oc t Thirty of the Q,UIE EN'S witnesses who haveioti been examined were sent off on Saturday ' I • on their return to Milan. V° Yesterday the CHANCELLOR of the ExclO Q .,w gave a Cabinet Dinner, at his house in Dow' street, Co all the Cabinet Ministers in town. . 410 1 Mr. B. BATIIURST arrived in town on T ue' evening from his seat in Gloucestershire. that We learn from unquestionable authority, oft there is no foundation whatever for the r e P oio ; recently circulated, of Lord HuTcurrrsoN' i; m g , to India as Governor-General.—(Cork the Chronicle.) iti sh Mr. - STRATFORD CANNING, the new r 4e° Minister to Washington, accompanied cretary, Mr. CILAS. F O LEY WILMOT, a rrlCe Hampton, n Roads, bound to Anapolis, 0 11 11° the Spartan frigate, on the 29th Sept. PItIVi th oughi , "tend t, 4 tilon g ti It IS the cussed, a thail Ilia Cures litt dejibetal the the pe „ p 11 "td th e cun kn ewil th e sere c °Min g iv e du n cline(l; 1114 t oft b ' worth `'"let in re st of ti Akiie suc I liar t duvrti r tiv„, tills i s t: ( '°xs rA- ,Tuid ed Iltp, W t N e ., nt u t he s] tkra PA R 'r tote i ft k C o , Pat 1.4,, 1 4 Iti Poi til, C a kr 41'