The Sun. — London, England, 1820-10-17 00:00:00

HOUSE OF LORDS-MIS DAY THE QUEEN. This' morning Counsel were called in at twenty `minutes past ten. . The Loan CHANCELLOR then observed, with reference to the yesterda'y's proceedings, that the Learned Counsel wi-N about to put a question re specting some papers whiCh related to the con duct of Vimicarti, who was alleged to have in tluced_evidence by undue means to come forward. The case thus alleged was different to all' others, As through the whole of the evidence respecting that person, he appeared only as an Advocate, and he should be very sorri to come to a decision on his acts, upon the narrow ground yesterday laid ,A question had occurred to him respect ing this business, on which he wished the assist ance of the Learned Judges, not only for his own guidance, but for that of their Lordships. The -question had relation to what kind of proceed iugs wOuld be adopted in the. Courts below, if -- Vimicarti were assumed to he an agent, ,though te had not been proved to be so ;. and also assum ing that the testimony now offered was relevant. The Noble and Learned Lord then proposed the .question.he had in view. Earl - GREY objected to putting the question to the Judges at all, as whatever might be their opinion,, be was disposed to reject it. It ,ap peared that Vimicarti had been most active in the business, though he had no ,authority to pro cure one witness. There was indeed no strict proof of his agency, and accordingly he must take an exception to the role of law, which was not 'applicable in this .case, where their Lordships . tvere noW sitting as Judges in a criminal pro e4ding of the highest nature Ile wished to put the matter to the Judges as connected with a criminal proceeding, whether, if it should appear that there had been attempts to cor rupt the, witnesses, no matter by whom, it did not become their Lordships to relieve the case from all suspicion, by receiving evidence to the alleged fact. lie thought their Lordships bound to receive the evidence, and place no confidence in the ,argument of the Noble .Earl'opposite as to their not introducing a new rule. Ile wished, if possible, to adhere to the rules of law ; but if there was a suspicion of an attempt to corrupt the evidence, whether by the prosecution or defence, they were bound to explode the Nhole of the Conspiracy in justice to so High and Illustrious an Individual, who had interests at stake infi nitely more valuable than life. With respect to _ _ _ Philips' law of evidence, the authority of which had so much been insisted on, it went only to civil actions, whereas this was a criminal pro ceeding; and, therefore, be hoped their Lord ships would not turn their backs on investigation. The Earl of LIVERPOOL was satisfied that his Noble and Learned Friend would have no ob jection to insert the word " criminal" for " in the question he proposed to put to the Learned Judges, with file consent of the House. lie thought, however, the Noble Earl had taken a mistaken view of the subject, as the investigation he wished had no relation to the issue of the case now depending. The Noble Earl wished it to be considered as a criminal prosecution, and he could only say, that be would not shrink from that consideration, as all the proceedings of Criminal Law must be decided on the same , principle. It was not proposed to bring evidence to the corruption of witnesses who had appeared at the bar, but of wit nesses who had liot appeared there. He also thought, that if an inquiry was intended to be brought forward, some notice of it should have been given to Virnicarti and Colonel Brown. lie had MY objection that the Milan Commis sioners should be called to their Lordships' bar, but he trusted they would hear evidence to the conduct of that Commission first, before they ad mitted evidence againA it. Lord. ERMINE thought the evidence should be rejected, if it was proper to reject it, but if pro per to be received at all, it should be received row. The question in his opinion ought not to Le put to the Judges, and he cohicided in opinion with his :Noble Friend. He deprecated the whole course of proceeding against the Queen, who never had the advantages she ought to have had. He contended that her Majesty's Counsel had a right to prove that a Conspiracy existed, and for that pvrpose to call witnesses who had never been seen in it. This had actually been done at the Old Bailey some years ago i a came in which lit- himself was engaged, where he. Proved the Conspiracy to exist first, and then traced it to the &gen ts, and through them to the original source. Ile asserted the right to prove the fact of corruption against her Majesty, then to bring it home either to Vimicarti or to Colonel Brown, and if pos sible to any one else. lie trusted tho fairness of•the Noble Earl opposite would not resist the evidence, which was offered to prove the acts of the agent, and through their acts, the corruption of the principal. ltastelli's conduct, for instance, in offering to pay Gariolini's bill, and wishing him to depose against the Queen, was unexampled in the history of J usisprudenee: I was offered to be .proVed that agents had gone about, and offered money to corrupt the .witnesses against the Queen. If this could be proved by persons pot at all con nected with the Milan Commission, he believed there Was no man, unless Within the wails. of Bed lam, who would-declare it-was no prof. if their Lordships could not collect the probable froth the improbable, he could only say, they were not fitted for the situations they held.. He could not express what he had suffered in his mind on ac count of this business, from an anxiety - that full justice should be done. lie would even ask the Noble Earl. opposite, now, whether. if lie bad known .before what he at present knew, he would have proceeded to the length he had,? —Talking of:Courts of Justice was irrelevant to the point. These tribunals. never had to decide such a cause,, and therefore their Lordships were,not bound by the ordinary rules of these Courts. All he asked ryas, to be allowed to skew the existence of a Conspiracy first, and then he would try and bring it home. The Earl of LAUDERDALE still hoped their Lordships would not abandon all the rules of evidence laid down, which had been found so sa r lutary by every Court of Justice for ages past. — , He had heard even his Noble and Learned Friend describe these very rules as the great bul warks of the liberty of the subject, and if so, he should like to know why they were unfit for the present case. He, therefore, thought it better that their Lordships should have the opinion of the Judges at the present stage . ; for thotigh they were not bound by that opinion, he conceived it was proper to have it. The Earl of ROSSLYN felt great reluctance in differing from his Noble Friend. He conceived their Lordships were not bound by the rules of evidence as adopted by the Courts below, which applied to parties of opposite interests, but he admitted the general principle ,of applying these rules. In all cases the administration of justice must be regulated by circumstances,and he wished the balance of power in this case to prepon derate in favour of the accused side, as here there was one party that might materially suffer. Besides, their Lordships were not trying a cause; they were investigating a State measure of great necessity. They were to affix a new crime, and to provide a new punishment. They were sitting in their Legislative capacity on a ques tion of expediency, while one party appear ed at the bar to shew it was incompatible with the interests of an individual that the present bill should pass into the law. It was important for that individual to shew that the alleged facts were false and deceitful, in order to preserve her rights, and what ought to be in finitely dearer to her, her character through life ; and if she could establish this by evidence to the falsehood or corruption of those who deposed against her, their Lordships, he was certain, would at once declare that it was inexpedient, the Bill should pass. Without this considera tion borne in mind, however, it was inex pedient that their Lordships should appear for one moment in the character of oppres sors. It was perfectly true, indeed, that the Noble Earl opposite had taken on himself the re sponsibility of the bill, and he was responsible to their Lordships now . ; but when they should have proceeded to a second reading, that Noble Earl ,could cease to be responsible to them, whereas their Lordships would have become 'responsible to the Country while taking all responsibility from the Noble Earl. The question in reality was no: whether the Queen should be wronged, but whether their Lordships should be wronged too. Certainly he would not charge a conspiracy on the Milan Commission, rior on any other party, nor on any one ; but the question was, whether their Lordships would persist in passing the Bill, because it was desired to shew that it had been supported by a conspiracy to procure false evidence., He contended that the party had a right to prove the corruption of evidence, if corrupt it had been, which went to affect all that was valuable in life; or desirable in future times. his Lordship con cluded a long and argumentative speech, which seemed to xnake some impression on the House, by repeating his wish that the evidence * now ten d ered on behalf of . her Majesty should be receiv ed at the Bar. There was every prospect of a long debate when we left the House. • The Debate continued till a little after one o'clock, when it was agreed to put a question to the Judges upon a supposed case, in order to have their opinion in effect as to the admissibility of evidence respecting the conduct of Vilma c.titTi. The Judges, after some pause, required time to answer the question, and time was given them till to-morrow morning at ten o'clock, to which hour the House immediately adjourned. MILITARY PROMOTIONS. !Far-Office, (Jet. 13. 1820. .• • • 3,1 Regiment of Light Dragoons, Gentleman Cadet Thomas Baker May, from the Royal Military College, to be Cornet, by purchase, vice John May, who retires. ith Ditto, Lieutenant Edward Augustus Day Maxwell, from' half-pay Rith Light Dragoons, to be Lieutenant, vice Walter Clarke, who exchanges, receiving the difference. fad Ditto, Lieutenant I'i Ingle Taylor, to be Captain, by purchase, vice Vernon, who retires ; Cornet William D. Kie aalt Lieutenant, purchase, rice Taylor. toldsti•earn Regiment of Foot Guards, Lieutenant Francis Matihy NitaWe tube Lieutenant and Cliptain, by purchase, vice Da) nes, alio retires. Ensign and Lieutenant William Homy Cornwall, from half-pay of the Regiment, to be Ensign and Lieutenant, by purchase, vice Shawe. . cilltegimetit ;If F:ot,Ensign IlenTy Waring to be Liente nant,•tvithout purchase, vice Glasson, deceased; Oliver Ro binson, Cent. to he Ensign, vice Waring. 10th Ditto, Ensign Richard Walter Shitikwin to be Adjutant (with the rank of Lieut. nattt), vice Allen promoted. ead Ditto, Lieutenant Peter Jan Douglas. from the half pay of the 66th Foot, to be Lieutenant, rice Alexander Adair Brice, who exchanges, receiving the difference. 36th Ditto, Ensign John Oniony, front halt-pay of the 11th Foot, to be Ensign, vice Charles Lennox tretcb, who ex changes. 46th Ditto, Ensign Edward Sutherland, from 67th Foot, to be Ensignovithout purchase,,viee Carroll, whose appointment has not taken place ; Lieutenant Tobias Purcell to be Adju tant, vice Madigan, mho resigns the Adjutancy only. 47th Ditto, Brevet Major John William Hutchison to be Major, without Purchase, vice Moleswoith, killed in action ; Lieutenant Thomas W. French to be Captain, vice Hutchi son ; John Dillon Brown, Gent. to b e Ensign, without pur chase ; Ensign Eugenius M‘Carthy to he Adjutant, vice French, promoted. _ . s:id Ditto, Brevet Major John Giles to be Major, without purchase, vice Fehrszen, deceased; Ensign Robert Taggart r . et to lie Lieutenant, without purchase, vice tzgeraltfoleceascd Krefting, Gent. to be Ensign, vice Taggart. 54th Ditto, Lieutenant Colonel William Macbean, front halt Pa, 59th Foot, to be Lieutenant-Colonel, vice Felix Cal vert, a hose appointment has not taken place; Ensign Richard Tyrrell Robert Patton!), from halt pay Royal African Corps, to be Ensign, vice Alexander Miothewson, who exchanges. 55th Ditto, Lieutenant Thomas 'Froward, from half pay 5114 Foot, to be Lieutenant, vice William Henry Arinsttong, who exchanges, rt cciving the difference. 57th Qitto, Lieutenant Henry Oniton to be Captain, with' mit purchase, vice Dix, deceased.; Ensign James Brown to he bentenaut, vice °Out!. tNd bitto, Brevet Lieutenant-Colonel Richard Roberts to be Major, without purchase, vice Goodrige, deceased; Lieutenant sackville H. Eaton to be Captain, vice Roberts ; Ensign John Mansell -to he Lieutenant, vice Eaton;, George Dameratut ' ( hlat• to be Ensign, vice Mansell. both Ditto, Ensign Henry Dontlitlintne to be Lieutenant, without purchase, vice Place, promoted ; Charles Estridge. Gent. by Purchase, vice Coleman, who retires; Gentleman Cadet John A. Walker, from the Royal Military College, with out purchase, vice Donnithorne, to be Ensigns ; Ensign Thos. Coleman, vice .Johnstone, deceased, to be Quarttruaster. TWO ,CecOOO,—TWO,CI,OOO,—AND VARIOUS OTHER CAPITALS;—ALL STERLING MONEY,—ALL IN SIX HOURS,—ALL TO•MOLUtOW. PRICE OF STOCKS TILTS DAY AT ONE 0 CLOCK. Bank Rock 2l9 ?i 417 I Bailll,Lting Anti... 17 7-IGths 3 per Cent, fled. WWII I India Bonds ....Vbs. 2Gs. pr. 3 pew Cent. Cons. 6713 I FA. 2d. 4s. G. pr. 3i per Cent. 7si ()wnium 4 per Cents per Ct. Nary Ann.— .103 ii HIGH WATER AT LONDON BRIDGE To-MORROW. Nerving, 6 tainutts after 11. I Evening, 39 Imitates atter 11 THE SUN. SOLER QUIS DICERE FALSUM LONDON, TUESDAY, OCTOBER 17, 18. W. If we may judge from the language of ,the Opposition Writers, with all their pretended zeal Tor HER MAJESTY, they betray a conviction of the guilt imputed to her, and deem it neces sary to divert the public mind from the main question to considerations op subjects that are of little importance compared with it., For this pur pose they are filling their columns with an Inquiry as to who is the Prosecutor of THE QUEEN, and who were the Founders of the Milan Commission. The main and essential question relates to the guilt or innocence of THE QUEEN. The high tribunal be►`ore whom the trial proceeds will strictly weigh and impartially balance the evi dence on both sides, arid decide accordingly. Whatever our own opinions may be on the nature of the conflicting evidence, we shall cautiously forbear to express-them, and it is incumbent on all honest men to do the same. Will any body ven ture to say, that after the rumours afloat on every part of the Continent, imputing the most dishonour able conduct to a Princess likely to become THE QUEEN of this Country, the Government of this Country should' have suffered them to pass with out inquiry into their truth or falsehood ? Minis ters would have shewn little respect to His MAJESTY and to' the Country by such careless, neutrality. It was an imperative duty on them towards their KING and their Country to set an inquiry on foot, and to probe the rumours to the bottom. The precarious state of his late MA JESTY rendered his demise highly probable, and, when the melancholy event o9curred, were they not bound to ascertain whether the future QUEEN was worthy of sharing the rights of Sovereignty ? Mr. TIERNEY' put this question in a proper light in the House of Commons, and justly asserted that his MAJESTY was entitled to that right which his meanest subjects enjoyed, namely, to rid himself of an unworthy Consort,if she was proved to be so. Hence the Milan Commission was properly insti tuted, and a Gentleman was selected of high ta lents and experience, and whom the Lorin CHAN CELLOR declared, after au intimacy of nearly fifty years, to be one ,of the most honourable men he had ever known during tire whole of that pe riod. This Gentleman was selected for the in quiry, and sent abroad for that purpose.—Such was the ORIGIN of the Milan Commission—a Commission founded in justice and a due regard to the honour of the Sovereign and the Country, but which the seditious Writers, who pretend to be actuated by a regard for THE QUEEN, have most audaciously characterized as A CONSPIRACY against her !—Now as to the question who is the Prosecutor ?—The fair answer is, the BRITISH LEGISLATURE. Ministers, as their duty impe riously demanded, collected the Charges, and haying first submitted them to the head of the State, received his sanction to lay them before the other two branches of the Constitution, by whose concurrence they became the object of Legislative inquiry. The KING would have shewn little regard to his own honour and to that of his Country, if lie had acted otherwise, and forbidden all investigation of Charges vitally in volving the character of the Empire. The LE GISLATURE then, THE STATE ITSELF, is the PROSECUTOP. ; and whatever her pretended friends, but real enemies, the enemies of the Country also, may say, 'TIE QUEEN herself must know that she is sure of the most just arid ho nourable decision. That the decision may fully vindicate her character, and enable her to possess all those rights to which her innocence will be entitled, must be the anxious wish of a wise, a generous, a inoral, and a religious People. No Paris Papers have arrived this morning. Two days' Journals are due. JOHN HA Ts trz , ESQ.-It would be an injustice to very distinguished merit not to mention the death of this Gentleman with..sincere regret. From the moment of his introduction to the House of Commons, in an official capacity, be conceived it to be his duty to obtain all possible know ledge of that duty, and he fulfilled it with the utmost diligence, rectitude, and ability. His Tracts on the nature and extent of Parlia mentary Powers and Privileges, as well as all its rules and forms, are highly valuable and int, portant. His private life was marked by all that correctness which characterized his public duty, and with every quality that could excite and re tain respect, confidence, and friendship. His Majesty's ship Tyne arrived yesterday at Portsmouth from Lima and the Brazils ; when she left the former place she had on board up wards of three millions of dollars. By this arrival we leart► that the 'Hyperion frigate, Captain SEA LE, arrived at Valparaiso on the 22d of June, from a cruise a Juan Fernandez. BARON OMPTEDA. The following vindication of this injured go' bleman, which appeared in the _Hanover Gaga r e ; The Times of this day, with its characteristicil verseness and party ranconr,styles a " burle sqe panegyric" : at 10 Hallorztt, OCT. 7.—The Gazette of this City co ots the following article relative to Baron Oropteda ,6 ' " It is well-known that the ambassador, Von Ompta u hit drawn upon himself the distrust of his Government bl o i; conduct during the Westphalian usurpation of this , ;0 0 but which was removedby the circumstantial el:00%bl' given, and which were conlrmed by foreign most resp ect 0 . public authorities. The consequeuce of which were the y storatiun of the key (I Chamberlain, which had been fI fir ly given hint ; his mission to Italy, in reference to the P ia tical situation of that country; and his subsequent' NV latent as ambassador to the Court of R eom. hbodr; " His abode is Italy had irrought him into the ne , g hood of the then Princess of %Vales, and it was verY sur that he should consider himself as bound to give to ins Sovereign the information it was his duty to give, resP e ",i t cl her conduct, which was universally remarked and e 54 great surprise. " But that, to procure himself this knowledge of th e c' l; duct of the Princess, which was but too public, he ever use of unlawful or even of unbecoming means, is 3 5 ,,,5• 'falsehood resting on no proof, and is. one of the nurnert lumnies which the attendants of the Pr incess, as well "'„ o t , neral, as particularly on the following occasion,allowed tm" " cselvs against ccasion him. The owe mean was this--when Bergalui 01 ceived from the Princess a Chamberlain's key, like that was given to the Chamberlitin Von Omptcda, by bit Sovereign, the latter was induced to make some re' itb strances, and thus laid the foundation foi that hostility which he vtas front that ie constanly pursued. kaoo l " One of the many cou t se m gnences of t this was the challenge sent him by an English Oflicer." P 0 E r It Y. LINKS o r ON K. TURNERELLI'S 'WATS OF THEIR LATE. IHA.IF,STI. -1 0 0 THE LATE FRINCESS CHARLOTTE, AiiD OF TIIL LAfii OF KENT. BY JOHN TAYLOR, ESQ. WEDLOCK, our happiest state below, If wisely understood, Too oft, alas ! poor mortals know, Brings evil more than good. Yet GEORGE and CUARLOTTE, all =gown, Were here a happy pair, • And now, upon a heavenly throne, • In joys eternal share. The Busts their worth and bliss below With truth and spirit prove,- And, gazing on each other, spew Benignity and love. Lo ! our lost Hope, with equal truth, Our PRINCESS, still so dear, Where all the gentle charms of youth In native grace appear. And last, to close the Royal Train,, Whose menery all admire, , We manly KENT behold again, With martial force and fire. Ah ! DEATH: withhold thy fatal dart, And long our Nlonarch spare, To wake his Throne a People's heart, Their safety still his care. SPORTING INTELLIGENCE. NEWMARKET SECOND OCTOBER MEETING, l ea r each, Ou 16. The Bi!Bugbear Stakes ummy of 200 gs each, h. ft. D. 11f. 4 011 N Bst. 71b. fillies, Sst.3lb. r etv Mr. Udny's b. c. Abjar, by Truffle, out of Briseis ..•• Ye D. of Grafton's Wia,dfall Seven pd. The Garden States of 100 gs each. T.M.M. Sir J. Shelly's Antar, 9.st. 101 b. IA Suffield's Glow-worm, 9st. Mr. Charlton's Phoenix, ust. Blik Gen. Grosvenor's Blne Bell, 7st. 12th Mr. Udny's c. by Election, 75t....................... ••• to 1 agst Antar-5 to 2 agst Glow-worm. of ( (First Year,)—One-third of a subscription of 25gs each' three-yr-old colts, Bst. 91b. and fillies, ast. elb. Xl' 1 Ld Egremont's b. f. by Soothsayer, out of Thalestris. • • • 14 Sutlield's h. C. by Vandyke Junior, out of Rosetta. ••' D. of Grafton's ch. t. Rowena ....................... • ' 44 4to 1 agst Soothsayer-3 to 1 agst Vandyke Junior -4* agst Rowena. PUBLIC-OFFICE, BOW-STREET• THE AFFAIR OF THE SEDITIOUS PUBLICATI O N Yesterday Mr. Haydon, of Welbeck-street, waited o u b a Mr. Brame, and'requested to be informed if any, and o , lo' communication bad been receivedat this office from 00000 had gone in pursuit of William Franklin, alias Fletchcrr P ' off Forbes ? Mr. Br RNIE said, that the Magistrates were in possess i.p je some information upon the subject, but he should wish i s ply cline communicating the nature of it, at least for the Pr e 'lo4 Mr. Havniur skewed the Magistrate a letter which b e r 'ol l he had received from Mr. Pearson, in which that Geat le A V c stated that he and Vickery had clearly ascertained that T r- t e lin had embarked a few hours before for Boulogne, aP a iet rer they were just about to sail in pursuit of him. This D O was received on Saturday morning, and was written at . ° 3o r: hour on Friday evening from Dover, evidently in great 1 ' Mr. Pearson expressed the most confident opinion that should succeed in capturing the fugitive. ndl Mr. BRIN I: then said, that a letter exactly correaP° with the one produced by Mr. Haydon, had also been req i ele on Saturday at the Office, and he (Mr. Birnie) had of of doubt that Franklin would ere long be in the grasp ° I Officer. 11$ 3 Mr. HAYDON begged to know if any later informatio n been received from the pursuers, or from any other O ar fit upon the subject,' and was answered in the negative• d rq then produced a gold mounted eye-glass, which he shov e Mr. Birnie, observing that it belonied to Franklin. Mr. Br eNre inquired how it came into Nlr.flaydon's sion, and if any thing important hinged upon it? 1 ' Mr. HavnoN said, it was obtained in rather a sineala r ' t ,e 0 leer ; it hail been left by Franklin at a house in which he t ,- € lO in the habit of calling. The discovery of this little would form by no means au unimportant feature i 5 vestigation. Along private couversation then took piace betwe e- iip' ) Magistrate and Mr. Haydon respecting some of FPI' connexions, after which Mr. 11. left the f-ftlice. 01111111111111111=Mall 1N1M1110085.7123111111 jd His MAJESTY is not expected to return 3 g df to the Cottage in Windsor Great Park this the situation being too damp for a winter 11 deuce. #e et Yesterday several of the Cabinet and a large.party of the Peers, 'dined Duke of WELLINGTON, at Apsley 110USe• 1. it e el; Mrs. SIDDONS has been on a visit to Sana,`)tile Park, near Don - caster, the beautiful seat in Earl of SCARBOROUGH. O l ' On Tuesday last a block of silver, wort - J o. was smelted at Wheal Rose Mine, in B ,l o r This Mine is the sole property of Sir C. Km, Bart. BIRTH. o f C 3! ' On Sunday morning, tstli inst. at Dover, the 1 . 3, tails Ho4ges, of a son. DIED. , c O f On Sunday last, at ',garden Park, Surrey, in th e 57t 1 : 0 , 1 1 , ' of his age, John Hatsell, Esq. Clerk of the House of Co l LONDON: Printed hy IL IR '39 CARSTAS, nf %;.° Ormond -street, Queen-square; and puhlishe,l SCRIPPS, of No. 7, South lgolton-street, at 11 ;,dcf" Office, No. 114, Strand ; where Adrestisements, Letters, &c. (post-paid) must be addressed. I ~,I , r r i R!.,), A ; 1.();v: `)gr Th e tt,,t thZ titl p , it o f e jrdi t t i htutt t oor tt 11,k 4; Pktrtic a eqr L)d Itst, uth