The Sun. — London, England, 1820-07-25 00:00:00

,ioirits of the case for the ,Ibrosecution, and with -the interval which must be allowed for preparing the defence ; it must te ,Allowed by every one that the ends of justice will he fully attained, - whatever may be theresailt. Under all these cir •eurnstanees, therefore, with the desire of the Queen, expreszzed to this riouse, that we should proceed forthwith, and with the assertion of one of her Majesty's Advocates, (it might, perhaps, be. a figure of. speech) that he knew. all the contents of the Green Bag and from whence they were d-rived. I can see me ground fur agreeing to this application.—As to Divorce Bills, it is well known -that this House is not . precluded. froin examining witnesses as to acts of adultery which were never given in evidence, either in the Ecclesiastical Court or in the action in a Court of .Law ; the analogy ; then-fore, on this ground wholly fails.. Lord KING urged the House to comply with •the request of the Petition, fur though it might be necessary in some cases, to proceed by Bill, still they nright not to refuse to grant to the ac cused every facility of fdefence. Impartial jus tice would. no doubt, ultimately be done, but they ought nevertheless to avoid all appearance of injustice. Such an appearance of injustice in public opinion, must be the result of refusing this epplication, and therefore he contended that it wolld be wise •and expedient to grant the prayer of the Petition. The Earl BATHURST maintained that it would I,e utterly useless to the Queen to grant the prayer of the Petition, as it would be impossible for - her, bet we.en this and the 17th of August to mane any inquiry regarding the witnesses that could 'be of the least service to her cause. It would, therefore, be useless as to any purpose of justice to comply with the prayer of the Petition, whilst every facility would be afforded to the Queen, for the purpose of making her do-knee. Lord ERSKINE—My Lords, as I have no mo tion now to make, but that her Majesty's Coun sel be-called in, I should not have troubled you with any further observations, except that I feel myself bound to answer the questions of my Noble and Learned Friend on the Woolsack, which I answer thus every indictment the place must be mentioned, and the precise nature tend quality of the offence, and as the offence is not only within the realm but in some very H T mited.local jurisdiction, no doubt can remain as to where committed, or how to be proved. — Whereas here it is a series of conduct for six - years, instead of a single act, and in countries - widely distant. The Noble Earl opposite truly. says that it is not the mere fact of adultery, but indecent and suspicious demeanour in various places ; but does not that render it more neces sary to collect witnesses to prove what her gene ral conduct has been, for how else can a beha viour of six years be supported, if unknown Wit nesses can pounce upon her in the ab sence -of those who might contradict them ? The Noble Earl, who always speaks with great ability and skill, also says, that even in the Ecclesiastical Courts, in suits for aC vorc,,, diffe:ent evidence may be given at the Bar here, than had appeared either in Doctors' Corn mons, or against the adulterer in the Courts. .A new case, he says, might be made here. To that 1 Can only reply, by asking if the Noble Lord can instance any such a case ? I am sure he can- . not. If the evidence against the adulterer were not sufficient, nor that in the Commons, did any -one ever hear of a Bill to divorce upon evidence never givtb., before ? I am confident that no such ckse.,..ever happened, or ever will. A Noble Earl -who spoke last, for whom I am sure I -entertain a. great personal respect, has endeavoured to chew, that granting the request of her Majesty would be of-no use to her ; but are we to judge -of that and refuse her the option of judging for herself ? The Noble Earl ought to have shewn that the granting her requeSt would disappoint the justice of the case she is called upon to an swer. Shew me this, my Lords, and lam silent. Has this been attempted either to-night, or when the list of the witnesses was refused ? or has it teenshewn that the evidence for the Bill ough to prevail, if she is denied the opportunity of their cross-examination ? When the evidence for the Bill is finished, and the Queen, after an ad journment, has collected her witnesses, can their original examination be resumed ? Such a thing - was never heard of ; in short, my Lords, our pro ceedings have created a great sensation through out the whole country, which your Lordships will have hereafter to lament. I have now only to move, that her Majesty's Counsel be called to the Bar in support of her Petition. The House here divided ; and the numbers were— For the Motion Against it . 37 Majority - —2s Adjourned till to-morrow. [For tire 'Proceedings in the House of Commons, set the Fourth Page.] THE COURT OF CLAIMS.—The Court was yesterday occupied in hearing arguments for and against the Claims of the Rev. Mr. Dymoke to perform the office of Champion by deputy at the King's Coronation. Precedents were adduced to show that this claim had been allowed in former i ns t a nces, and particularly that of a Lady, pos sessed of the Manor of Scrivelsby, who was per milled to appoint ono of her sons as her deputy at the Coronation of Richard 11. It was also shown that, in cases where the office had been performed- • by deputy, the King had never inter fered in his app ointment. The Attorney -Gene ral, however, contended against the right of the Rev. •Mr. Dymoke to appoint his deputy. A claim was then put in Olt behalf of Lord John Townshend to serve the office of Champion, on the plea that the Manor. of Scrivelsby appertain ed to the Manor of Marmion, of which he was Lord, and that he was capable of performing the service in person. The Court, after consultation, considered. Lord John Townshend to have failed in establishing his., claim, and deferred the con sideration of the Rev. Mr. Dvmoke's claim to serge by deputy till the 31st instant. LONLON JOURNALS. [IMI1,1" EX fl FROM Mk MORNING PAPF.RS 'I HIS-DAY. [Morning Post.] We yesterday noticed, and expressed our in dignation at a Paragraph 'respecting:. the queen which had appeared in an Exeter Paper. t was last night brought before Parliament by Mr. We therall, «ho characterized it as a gross perver sion of justice pending the trial of her Majesty by the highest Court of Judicature in the Coun try—for such virtually is the effect of the Bill now before the II ou se of Lards. The expressions, we repeat, are highly improper and offensive, and do not appear to us to be excusable upon any ground, even of political or party argument. And we are the more ready to state this opinion unreservedly because we have seen how desi rous the Liberals are to mis-state and misrepre sents entiments' of an opposite nature, so as to force them to bear this construction. We will yield them their triumph, which we do not be lieve to have imposed upon the most stupid fol lowers of Radicalism. But with regard to the Exeter Paper, we must add, that we condemn it not merely because it is a libel upon the Queen — one of the parties in the vitally important ques tion—but on principle, because even in any other case, as applied to any Lady of birth and educa tion, it would be no less a brutal and abominable attack. We cannot, however, help remarking upon the conduct of those persons who, while they affect to complain of unfairness on one side, endeavour to instigate every species of outrage, and to apologize for every act ini mical to the due administration of the laws, on the other. Our notions of propriety and rectitude teach us to abominate both ; and we are well convinced that when the cloud of passions stirred by malignant faction shall be dispelled, the good sense and honesty of England will, as in former instances, resume their influence, and that the course of patient inquiry and fair trial now pursuing will be as unanimously approved as it , has been weakly and vilely slandered. The licentiousness of the Press unquestionably needs some check ; but it is curious to observe, that the most daring insults to the Throne, and to every branch of the Constitution, are daily offered with impunity. No one ever thinks it worth while to call the libellers to account, though there is no measure to the language which vilifies the head of the Government, and tends incessantly not only to impede Justice, but to bring the entire Laws and Constitution of the Country into con tempt. It is a pity that the balance is not held a little more even, while the attribute of blindness is so closely maintained. [Morning Chronicle.] It is expected that the Committee appointed to arrange the preparations for the proceedings on the Bill of Pains and Penalties, and for en forcing the attendance of Peers, will make their report this day. Rumour says, they have settled to recommend that an Absentee shall pay 1001. fine for each of the first three days of absence, and 401. for every succeeding day. It has be come a question, whether Peers, who have not taken the oaths, ought ndt to be summoned and ordered to attend. It is thought that the seat of Sir Thomas Tyrwhitt will be assigned to her Majesty, together with a retiring room. A tem porary gallery will be elevated, and if there shall be 'room, each Peer is to have one ticket for the admission of a stranger. It was reported on Sunday, in the Ministerial circles, that Bergarni was arrived in Holland.— (Ibid.) [British Press.] Mr. Soane, the Architect, was in attendance at the House of Lords yesterday, to take di rections for making the necessary alterations in the House, preparatory to the approaching investigation. According to the present ar rangement of the seats there would not be accommodation for above one half of the Peers who may be expected to attend on this so lemn and interesting occasion. There were various modes suggested for remedying this defect, but we believe the Earl of Liverpool's suggestion, of running a sort of gallery along the sides of the House at a sufficient height from the floor to clear the heads of the Peers sitting on the back form, will be adopted. The backs of the centre seats are also, we understand, to be taken off, which will allow their Lordships to turn and face the witnesses, who of course will be placed at the bar; but it would be a material improvement if the platfOrm on which they are to stand were elevated, so as to permit them to be seen by the whole of the House. These al terations are to be completed, we understand, by the 14th August. [New Timesl Her Majesty presented a Petition yesterday to the House of Lords, to be heard by Counsel in support of her demand to be furnished with a specification of those placeS at whiCh any criminal facts are alleged to have been committed by her. —Their Lordships, adhering to the principles which guide the practice of their House in ana logous cases, rejected the application by a great majority. We have often avowed our wish, that her Majesty, throughout the whole of the pro ceedings against her, may meet with every in dulgence that is consistent with the attainment of substantial justice, and we are perfectly confi dent.that those wishes will not be disappointed ; for we place our reliance on the integrity and honour of the Two Houses of Parliament : and, apart from all political considerations, the per sonal characters of the Members of those two august bodies afford the surest possible guarantee of rectitude in their proceedings. Whether, therefore, the Queen's Petition had boo granted or refused, we should have felt equally assured that the decision of their Lordships was con scientiously dictated by a desire to do justice ; and it is obvious, that where established principle or precedent exists, it furnishes the best and surest 'guide to the attainment of that end. The forms ' of proceeding in the two Houses may in some respects vary, but, generally speaking, they are dictated by the same spirit, and are alike the re sult of experience and wisdom. All the clamours of faction come to this, that the two Houses of Parliament are both partial, both unjust, both oppressive. A monstrous suppositiaK, acid which, 16 it.Avere true, th - e're v wpul4.,no longee any safeguard to the life or liberty of man, under the freest or fairest Constitution ever framed. Let it be observed, that there is a double security to innocence in the separate proceedings of the two Houses. People commonly talk of the proceeding against the Queen as confined solely to the House of Lords, whereas, on the contrary, the whole matter must necessarily undergo a separate in vestigation in the Commons, if the Bill should pass the Upper House. If, therefore, any body could be so weak as to suppose, or so wicked as to assert, that her Majesty would not meet with justice from the Lords, she would still have sure resource in the integrity of the National Representatives.—A circumstance which occurred last night strongly illustrates the watchfulness of the Commons to protect her Majesty against all violation of her rights as a Queen, and as a per son under accusation. A paragraph was said to have appeared in a Provincial Paper applying very coarse expressions to her Majesty ; and upon this ground an Hon. and Learned Member on the Ministerial side of the House gave notice of a motion that the Attorney-General should be instructed to prosecute the Editor. How the fact may be we know not, for we have not seen the Paper alluded to (The Western Luminary) and the passage has only met our eye in another Journal which is very likely to have quoted it unfairly. If, however, it has been more accurate in this instance than it usually is, we must say that the language of the Provincial Editor was extremely reprehensible. On the other hand, however, we trust that the lion. and Learned Gentleman will take some notice of the very gross and infamous attacks which have been made on the witnesses for the prosecution. Let the scale of justice, in this great and important trial, be held with a firm and steady hand. Let her Majesty enjoy every protection that presumed innocence can claim ? but let the same protection be ex tended to those persons who come forward under the sacred obligation of an oath to speak the truth. If it should hereafter turn out that they are perjured, let the heaviest punishment fall upon them ; but do not suffer an unprincipled Journalist to stigmatize them with perjury be fore they have given their evidence, for that conduct may operate prejudicially in two ways : it may intimidate the witnesses by the fear of bodily violence from declaring what they know ; or it may exasperate, and make them say more than the truth, out of revenge for their ill-treatment. THEATRICAL REGISTER. Performed Last Night. TIIEATRU ROYAL, HAYMARKET.—A Day After the Wedding. After which, The Beggar's Opera. To which was added, A Roland for an Oliver. THEATRE ROYAL, ENGLISH OPERA HOUSE.—Woman ' s Will— A Riddle. After which, Don Giovanni. TO CORRESPONDENTS. We thank "A YORKSH I RE;NAN, but not of the City of York,', for his Letter; but the Article from " The Birming am Chronicle" was in THE SUN of last Friday. "AN OLD TIMBER MERCHANT," " IGNOTUS," and THE CO LONIES, To-morrow. ERRATUM.—In Yesterday's Weekly Retrospect, Line 44, for " Increase" read " income ' of. —rep— ST. JAMES.—Holiday at the Bank, Exchequer, East India, and South Sea Houses. MAILS. • Aserven—l Dublin, I Waterford, 1 Guernsey and Jersey, 1 Lisbon, 1 France. Dut-1 Holland, 1 Gottenburgh, 1 Hamburgh. HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning, 51 minutts after 2.—Erening, 13 minutes after 3 THE SUN. SOLEM QUIS DICERE FALSUJI AUDE.IT LONDON, TUESDAY, JULY 25, 1820. We received last night and this morning the Paris Papers of Friday and Saturday last. The illoniteur of Friday contains the following de tails respecting the affairs of Naples : " NAPLES, JULY 10. (EXTRACT OF A PRIVATE LETTER.) The delay of eight days, which the King had assigned in his first Proclamation of the morning of the 6th, to propose and publish the Fundamental Articles of the Constitution, appeared too long for the impatience of the army, or rather of those who direct it. Hence the Insurgents of Avellino hastened to send Deputations, while here even their friends, their associates, formed Committees, and supported their demands. They wished to have adopted without delay the Constitution of the Cortes of 1612, and to have it signed by the King in 24 hours. Negociations took piaci with them on the morning of the 7th, and about mid-day appeared a Re script from the King, addressed to the Duke of Calabria, in which his Majesty alleged that the state of his health did not permit him to undergo the fatigue the duties of royalty ex acted, and named his Royal Highness his Vicar-General in the Kingdom of the Two Sicilies, with all the rights attached to what is called hers the Alter ego. " Soon afterwards there was published a Proclamation from the Prince Vicar-General, promising the Spanish Con stitution such as it was demanded. But this did not appear sufficient to the Insurgents. They demanded that the King should promise it, and sign it himself. Towards evening these appeared a new Proclamation, by which the king con firmed the promise of the Prince, his son; and bound him self upon his faith Of a King, to swear to the Constitution before the Provisional Junta which was about to be formed, till he could sweat' to it before the General Parliament law fully assembled. To this Proclamation was affixed a Decree of the Prince Vicar General, which promulgated the estt► blisbrnent of the Constitution,' reserving such modificatio es the National Representation might introduce into it. " The same evening several regiments returned to ls'aP ies in very good order. Al he inhabitants exerted 6011101e1 to maintain tranquillitwas only threatenid by the ef fervescence of a crowd of young peoVe, who denianded arms l k, with loud cries, and who in part were g ' ilifiro. r . " e d r people t 64 no part in the different mov . t ts?; i t owed themselves so passive that one loigt wILt belef them di e ell e with what had takeh4ace. " Yesterday the 9th, General Pepe entered Naples with • part of his army, which is called the Constitutional Army These forces, composed of troops of the line, of National MO' tia, and armed peasantry, filed off before the Prince Vic it General, and all his family, who were in the balcony of the Palace. The General afterwardi ascended to offer his holu 3o to the Prince, who received him'very well, and conducted On to the King. For three days his Majesty has not quitted his apartments. He suffers, it is said, from rheumatic pain . ' " Since the Gth a tricoloured flag (red, black and blue, has waved from the guard house of the Civic Guard. I hs troops of the line still preserved the rcd cockade; but tb` arrival of the Constitutional Army decided the adop tion °f three colours. The Prince himself . assumed them yesterM' and caused all the military to wear them . . General Peps his been named Commander-in-Chief of the Neapolitan Al lol ' He announced that he would keep that post as long a* it ' s public safety exacted it. " The Provisional Junta announced in the last Proelstu r tion of the King, was formed yesterday, at least partially u . was to be composed of 15 persons, and five have only I t ' been named. These will present to the Vicar-General *0 of 40 other names, from' which he will choose to to coroPie t° , the Junta. There has thus been formed a Committee ° Public Safety for the City of Naples. However, no ~ dreads troubles, and particularly no danger is appreliePa° to the Royal Family. " For some days no vessel has left the Port, which lea& t° the supposition that there has been a general embargo. " The Ministry has not remained composed such as Itol Sou it was on the 6th. The Interior has been given to (70114 Zarlo, who held this post under Murat ; and there ha s he t(l placed provisionally at the head of the Finances, M. W r donio, who under Murat was Intendant of the Royal 11 0 5 5.‘ hold." PROCLAMATION OF THE KING, OF JULY 6 . , " The general wish of the Kingdom of the Two Sici lies a Constitutional . Gui"ernment having manifested itself , consent to this, of our full and entire will, and promise publish the basis in the space of eight days. " Till the publication of the Constitution the existing i sli° shall continue to be in vigour. tis " Having thus satisfied the public wish, we order troops to return to their corps, and every individual to b' ordinary occupation. (Signed) " FERDINAND' " The Secretary of State, Minister, Chancellor, IA 51; (Signed) "Mat guess TOMN "Naples, July 6, 1820. DECREE OF THE NOMINATION OF THE NgSlf MINISTERS. " FERDINAND, &C. &C. " WC have resolved to Decree, and do Decree as follow.' " Art. 1. We name Secretary of State, Minister of Cor gi° Affairs, the Duke di Campo Chiaro. A rol " 4. We name Secretary of State, Minister of Gras' -. Justice, and of Ecclesiastical Affairs, the C oun t di CarrO d°.ll o , Don Francisco Ricciardi, and during his temporary ab ser : o 4 , the Counsellor of Chancery, Baron Don Francisco Mag li2l shall be charged with the Portfolio. th e " 3. We name Secretary of State, Minister of Financth Marquess Don Felice Amati. el ° " 4. We name Secretary of State, Minister Cbancal o ' . Marquess Don Guacchino Ferreri; and, in his absence/ I:, functions will be discharged by the oldest Regent of the S pr'e Council of the Chancery. , e „ecO r t 5. We name in place of the Captain-Ccneral u Lie " t.-General Baron Doti Michal Carrascosa. 6. Till the Secretary of State, e Minister of the 10 41.' 0 shall be named, the Duke di Campo Chiaro shall discharge functions. " 7. All the Ministers, Secretary of State, are charge d °ltil the execution of the present Decree. gned) " FERDIN ASI7' ( Si. "The Secretary of State, Minister Chancellor, 1 . , (Signed) " Marquess T0Mh 1 . 4 %0. ACT of CESSION of the KING to the Duke of CALAIS'. " FERDINAND, &C. &C. -8 9( " My very dear and well-beloved son, FaaNcts, Du CALABRIA, 00 11 " In consequence of indisposition, and the ade'cie tic? Ministers, being obliged to abstain from all serione a P P l otf tion, I should think myself wanting in my duty , and.g;fet before Goo, if under these circumstances I did no t pre % slio the Government of the Kingdom in such a manner th% jai most important affairs may take their course, and thatnia disposition may not be injurious to the public cause. f 00' determined from these motives to transfer the burden ( vernment until the moment when it shall please O°P l ° o l° ' store me to a state of health necessary to support it, 3 wel l " not do better than confide it to you, my very dear an beloved Son, as well, because yeti are my t C 9 f f oo t sor, as on account of the knowledge I have acqu ired mind and capacity. of °: " I make you in consequence, and I constitute Y° - to) full and entire will •in my kingdom of the Tw o Sicil e e-t' Lieutenant-General, as you have heretofore been in th 1:030 tot y of Naples, and in that beyond the Pharos, an d I tr:ot the and grant to you with the unlimited clause of d i/ter *7 0 111' d f i exercise of every right, prerogative, pre-eminence, an eelf in the same manner as they would be exercised by n ' l ; p of ifl person. And in order that my will may be universalo:ol, and executed, I order that this Paver, signed with d hand, and sealed with my Royal Seal, shall he k e r i t i i‘ r ii i 4° gistered by our Secretary of State, Minister, Chance l ' that you cause to be transmitted a copy of it to an t- o etP ° cillors and Secretaries of State, in older that tbei it 3 S 9i it known to whom it concerns." cc F,Elno; 4 ,-- (Signed) " Naples, 6th July, 1620." NEW PROCLAMATION OF THE. KI NG ' Or TIIE 7TH JULY. tie' FERDINAND, &C. &C. it °l DI "We having given to our well beloved son a the o dor° • necessary to provide for the Government of our ° A l te r Sg,:t: declaring him our Lieutenant-General with the ution he has already arranged the bases of the Coas tit the yiog a . „. we promised, taking ( or a model that adopted 1 4 otbo ile 7 05 of Spain in 1812, which was sanctioned by hi s 4 ' ; d iva n b . jesty in the month of March last, saving the co l c ott which the National Representatives, constitution : ort i l t ~ ed way think it expedient o propos e in order to tlit 44t CI :0 in Li (.4;