The Sun. — London, England, 1820-09-09 00:00:00

PARLIAMENT, HOUSE OF LORDS, FRIDAY, SEPT. 8. • THE QUEEN. - • teoritinuatit of the Proceedings of yesterday.] The LOTiD CHANCLLOR, in all his life, never felt so strongly that an important and painfuL i duty had been imposed on him as in the present instance. But a tint.y was imposed on him, and that duty he wouid fulfil to the best of his judg , mem. lie could not disguise his sentiments, and say that it was no. evil to adjourn in this state of • the pl'OceetlingS Their Lordships Would be guilty a a violation of their' duty, if they were to sup : pose any thing like' established guilt was to be assumed from what had passed. It was their duty to remember, that possibly every syllable of the evidence might be disproved. This he • tact no doubt.-thVyall felt: On the other hand, however, be .c.ould' not but be aware that some impression must.be . made on the public, and even on their Lordships' minds, by the evidence that • had.been given. in estimating what would 'be the fittest course for them to pursue, it was fair fur them - to bear in mind that this must operate against.the accused to a certain extent, and per .. haps to . a Very considerable degree.----But doing . this, they "ought' the same time .to take into . consideration what would be the effect of ad joarning.the proceedings after the Attorney-Ge netta of her Majesty . i.had opened the defence. ' tie was sure that whatever their Lotdships did' would be regulatel - by a sense of duty. .It was difficult to assimilate • *the proceedings in that /louse with thaSe'of the COO-is below, as' there .an adjournment - for two months" had, never been ; • heard of. He would, however, ask, if when a 'Counsel began his statement-in favour of the de fence, it was lint invariably understood that he was ready toproduCe his ivitriesses, and go on to the encl . .. He thought that' he had large l y a nd liberally allowed 'for. the _impression that might ' be made to the . .ptejUdice„bf her Majesty, by ad -;ourning before the case 'lot the defence was -opened ; but he was coixiPello, while doing this, -C), look how the; case stood on the other side.' • Could it be allOwed.' that a prosecutor should open his case, without being prepared to support 'lt by e.,4lence.? :,This could not be thought of. -In , the' present '.case,' - if 'the, evidence had been given for the prosecution, `tll, .accused had had the advantage of Alia otsS-eamination, which tad gone -forth' to 'tte `world with the evidence. The House might-trust . rnisch to 'the honour of the Learned-PCounsel, and, fiThOped they should never see men at that.:bat whb did' riot. bear the same high charadei; but it 'was not for their Lordships in the administrition . of justice, to 'pliCde confidence in any individdals so far, as to .forget those generb.l 'principles by which their conduct ought always to - 'be governed. It was not on the responsibility. of 'particular indivi duals, but on general : principles that the. House wild safely act. Not could the House, in this case; be ~guldisd by any analogies - furnished by the practice'bf the CourtabelOw. There such a tiling as an adjottrnment fo.r two. mouths; . or , for aril: period whatever, was•w,holly unknown. Out of the very nature •of th`e present case, there SIOSe a necessity for submitting to one evil - or other; and upon his .hen-our as a.. Peer, and his cease of duty tis a 'man, - he Could not consent to the-proposition before the HOuSd.'-' He could not agree to the - defence being opened, unless the Coun4el fir 'her." . Majeay*ltted distinctly whe ther- they meant to. proceed iii continuation with the evidence after' opening 'their case. He had tia)ught it right,to state the grounds on which he tame to this conclusion, and to intimate that, in his opinion, the Learned Conw..l Could not open M 4 defence *without haVing it, understood that doing so; hel*lis to continue it without interrup tion to the end: Earl GREY Said, that' in a case of this important nature— itnportant as it •concerned the present and the future—he ltbaiild act an arnanner unworthy of the lank he, held in that tionie, as an hottertt- and independent Peer, if he did nut, itvettin opposition to:the• opinion of the Noble and Learned toll on the, Woolia4,4!lfer his sentiments to the Ifouse. lie Mottle and assent to the assertion of the Mottle and Learned Litt4,t4ist 'this was ai, case 9f great ditli- Cu,ity.' I/e bad. always 'entertained that opinion. He had hesitated—lle hid doubted iii-Ins'cliOice - of evils, and he pre ferred that whiekin• his conscience he believed to be the teast. It had been said, that the difficulty winch now pre sented itself bid ocr reference to any former proceeding of the House in this. case. From this p r de oiltion he entirel y Cisslnstrer. '• It was to be traced to the decision of that Moo., rktir first thbse -proceedings were adapted — au the refusal . by thataiouse to give what had been granted to all others agabist wittstu Ifeavyiaccitsations had bed' laid—to the denial of those ,ad,vostages which' would enable her Majesty's , Counsel to loOk - mitt confidence to a certainty as to the charge, and as • Ulla production of witnesses. The Noble and Learned Valid bad said thit the present difficulty had not arisen from tars ; and that lithe list ofaVit nesses, and the specification of tine; And place,land‘chltrges . ; bad been allowed, it must inevi tabty have occurred. .If was nut so. If th ` e ch ar g es had been specified, if thelii t of Uitnesseli hail not been relused,,no stoeasion could hare Occurred to give a right to ite'r • Majesta's , l.:ottusel to expect aiiispension of the ordinary proceedings. of the blottse. 'But those advaittagei'beingcirposed by the order agtbeir Lordships, it, became necessary that an equivalent ihouiti be grantedio' the accused who was placed 'in so ex- Vraoadinary a - situation, • that the 'tvaseliarged with offences, which' in point of time, exteuded themselves over six veers, and :which were-stated to have occurred 'in %ire qnar7 leis of the globei An equivalent was to be given, and they now, consequently, came to consider what that equiva lent trhould ire :.• Tad Noble Lord out the Woolsack had, he believed, inivalten " the statement of the Que'en's'At /*et-my-General, and . stipposed that it was his wish to address their Cordships opun Oa defence, and after having pro ceeded to a mutant extent with witnesses. - to propose a suspension of tine prtieeedings. This was, he thought, a mis apprehension of thr 'meaning of the Learned Counsel, who, if he (Lord Grey) was' right, wished to address th'eir Lord sbips; and to be influenced by the effect of that' aildres;t as to whether he shiond call witnesses at ail or not. The 'ques tion then , was.'Whlther Cotinser we're to open the defence with the poweC , to tail' witnesie.., ad Li' to suspend the proceed ' ings on the I.lill till those witnesses 'were produced? Disad- - vantages might arisefrom baring the speech of Cotinsel be, fore the Public, unsupported shy evidence, and,perhaits, in capable of being- •strppotted by evidence. As an arguMent against the prolkahle occurrence of such a disadvailbase; it Was said, that thevondact of Counsel might be relie#isviotod that, at the liar of,Aliat HOU:e.• there could be Vattibuse of. the privileges granted to profiesional men. God'Aurbid that, Counsel should ever : appeal' at that Bar - who ' *re disposed' to abuse their—priillege.• Truax his own 1 i.Vledge of the protessional Gentlemen eng#gcd in th is Ca ' ;he, was satis fied that they would nut 'state what therdiii not-stKppose to be material. to their case.. But without Werenee to their, general character,• althoui;h the HouscrAsaight•trust,to,tba' Caansel fur discreet -conduct iu their iiroctediags,, it akba twin considered that filuusistilissuct depend upon the instr -' bons which they retieived,itairthat they mikbt be led to e f stAtetutats which were nut fOuutled in truth. These fe, be' admitted, great ditliCiallei; but &the evils upon the ' her sea Were looked at they siduld . 'be fituud to be cOntpatailyelf ir • 1 41 Of et rmocz magnitude. Tits evidence had gone farth-to,lhc: world. But it was said that the cross-examination had . gone forth also. This however did not remedy the evil."''Fro•its`'" the list of the witnesses hiring withheld, her Nlajesty74 Coun sel up to the day of trial knew little or nothing of the wit nesses that were to be produced, and were therefore preelud;' eti from making, the inquiries respecting them which nould otherwise bare •teen made, aid thus the cross-examinations had nut that importance which might otherwiS'e have he- - lotied to them. -They were .now placed between two evils: his choice should certainly be the least, and that which to bituself appeared most consonant to the spirit of English law and'Euglish justice. If embarrassments there were, he w•ottld throw them rather upon the accuser than Abe accused. It was by the Bill of Pains and Penalties ; by a proceeding So alio.; malous, that their Lordships were brought into their present difficulty —(Hoar, hear !;—.l Noble Lord had quoted the case of Lord Falkland, tried oetore Lord Ellenborough. kie, too,. would refer to that case, and it would be Varnd it was directly contrary to the interetree drawn trims it. The case for the proiecution was ciosetl at six o'clock;. at so late an hour, the Counsel fur the defendant (now Mr. Justice Best) required time for the &rem e ; hot the learned Judge insisted on the Counsel g oin g oil with it immediately; he coninieliced forth with, but did not Proceed to the end of the cause, and au ad journment actually did ',the place before any witnesses were called. His Lordship concluded by declaring that, since he had a seat in that House, he never 'gave a vote with more pleasure or sincerity than he would vote that the Counsel for her Majesty should have the advantage they sought for, and . whichOte contended, on the principles of justice, could not be denied them. . The Earl of LIVERPOOL -admitted .the principle stated by the lholde Earl who had just sat that if either party was to possess an advantage in this case, it ought to be the accused; but their Lordships ought to consider the compara tive; inconveniences. Whatever disadvantages her Majesty might ;offer by the charges bring suffered to go forth fur two months uncohtradicted, these were oot . be compared to that of adopting the other course proposed by the Noble Lord op polite; and he would never hear the - charge that these dith• eeltieeleut been brought by their Lordships upon themselves without endeavouring to repel it. As to the proceediog by a Bill of Pains and Penalties, he would contend, that so far as related to her Majesty, it was decidedly preferable to a trial by Impeaihnient. In the case of the latter, theheial wools) have besm nt fhe Commons, net on oath—on ex-parte state- Mem s—no cross-examination—no evidence to- cowl-edict ite 11,y, the evidence would have beets much stronger, hecouse it would siot'have been on oath. There would then have been no list of witnesses, no specification of time and place, - of whicirso touch had been said; and the evidence would have gone forth for weeks or mouths nneontradicteth His Lordship proceededeo vindicate the course that had been adopted, and to defend the refusal of a list of witnesses. When an option sees granted to the Counsel for her Majesty to have a delay for the iletrnce, he believed there was not a Noble Lord in that House who understood that the delay wastto• he in the middle Of the defence; but that when the case for the prose cution was concloded, thee the delay would he granted. But what was now asked ? Why, a delay in the course of the de fence, at a moment when the (helmet for the Queen desired it. A Noble and Learned Land, for whose opinions and ex• perience he had the greatest lespect, had askhd What .right the Solicitor-General had to sum up. ' The moment the Learned Counsel for the Queen said he had no further cross ( xamioation, the Solicitor-General was bound to sum up The House had heard a deal about eross•examination of wit nesses. His. Lordship was desirous of saying, a few words on that subject. On a former stay the Learned Counsel had the {sower of adjourning the cross-examination, and it was not too hard to suppose they bad made au option beneficial to - the illustrious person for whoni they were concerted. It was nut unfair to presume they had waived the cross-exami nation, because thejesuppored it was•ho longer necessary.— The Noble Earl did not denyehete in this case there 'might have been witnesses introduced to the Bar'esinesel had never heard of; 'but it was impossible•to - read the preamble of the Bill without drawing an inference that such witnesses would be called. His Lordship then came to the main part of the question, nanielv e -whisther there'was any compariou at all, between the inconvenience arising to her Majesty by de lay; and the inconvenience to the course of public justice which must arise by allowing the proceeding to be interrupt ed •in the meddled the defence ? The Noble kart did not wish to throw any imputation on the Learned Counsel. He believed they would be actuated by a sense of duty only, but they isert.theinterest of an illustrious.person inhheir,hands, and they would look at every object as.it bad that bearing. The Noble Earl added, that he bad a right to argue not on the honourable character of any individual, but whet might happen.. The evidence iu support of the accusation lied been called... Witnesses hail been' examined, cross-examined, re exemieed, stud examined by their Lordships. The ex-parte evidence basthseen received and summed up, so that the, House hah.before tlietrethe complete case of accusa.ion, and the reie dethe in support of it. lie did not mean •to saY•the case by remaining unanswered two or three' months, might net fur nish obshrsettions 'fairly arising out of that delay, hut the true view of the subject was thish Their Lordships knew the whole accusation, and the evidence by which it was support ed. Ile might ask what would be the consequence if they agreed to the application ? The Learned Counsel might open-the case on false information, which they bad no means to peace. • They might have an imaginary case, totally without foundation. What would then 'be the situa tion of. the parties, and what comparison was there between the two cases ? A statement conveying a false description, would go out without any proof whatever in one case, and a statement supported by-evidence in the other.' He could not see any com parison'betvicen the two cases. The Noble Earl was not called. on to say what was the iuconvenieuce on one side inure than smother, but what seas the course of justice and injustice. He could not conceive any course more un just and dangerous, than that of stopping in the - middle of a defence. f 1 Noble Lord had said, he did not know whether rhitectlsot not,that the Learned Counsel ought to be allowed, as a matter of right, to adjourn at the end of his statement, anal the Noble Lord had also said he shhuld not object to ad journ at the end of such statement. The Noble Lord bad supposed these who conducted the accusation, had received similar .i»dulgence; belt independent of the inconvenience which most arise from dividing the defences—was there no difference in the two-cases ? One went out supported by evi dence; the other was to go forth • without fitly evidence. It was not proper that the statement for the defence shsitild re main without -the evidence being -produced, because the evideuce alight not support the statement. 'The truth was, the more they grappled with the question, the more were they embarrassed. •He knew nothine of the 'case without the evidence, but the Noble Eatl said it ought to be taken toge ther. The House might find it inconvenient to stop, but under the peculiar circumstances of the case a division of it could not be admitted. If they once consented to a separation of a defence where were they to stop ? What boundary crenld they find ? It was impossible to divide it. He did not conceal there was not hardship and inconvenience, but the incon venience would have been greater if impeachment had been adopted. 'they could not divide the defence; They could not divide the accusation. The House must - take the whole together. The Learned Counsel at the bar was entitled to hit option whether he would then adjourn or •conclude his defence. If he should ask for a few a days to ar range his evidence he ought to have it ; then he should go hu, and complete his s!.fence. If on the other hand telonger adjoyrement was desiard, he was entitled to the indulgence, but be (Lord Liverpool) was satisfied, from strict cousidera riots of the subject, that no course could' be so inconsistent and dangerous to all the ptinciples of justice as a division of the case. • The Marquess of LANSDOWN wished, before he offered any opinion oo the subject, to know the question before th e House. As far as he understood, there was no proposition bhhtle them. either for adjournment or proceeding. • The LORD CHANCELLOR said, he understood there was a motion before the House for calling in CousiSel. That not being the case, his Lordship proposed the following tnetion, which was put immediately from the Woolsack :—" That. Counsel Silotlid be called its, and informed, that if they pro.: ceeded to state the case for her Majesty, they most at the . close of tine statement produce the whole of the evidence for the defence; but thet the House would on the other hand agree to adjourn for any reasonable time which might be ne cessary, its order to enable them .to proceed With their evi dence, if they postponed their defence to a fetare day." The Marquis of. LANSDOWN said, hhonderstood, fur the first time, the proposition before the House, a proposition which did not arise oust of any application from Counsel, for 'no such application had been made, but amounting to a rectien to the Counsel, originating with the House. He was . pot so Well acquainted with the "practice of the Omits helots/4e the Noble Lords in whose presence be.was speak , log s tspt "use must: be allowed to state, that, as far as he ' washisforessede a fuore unusual proceeding had never been reehenmeuded in a Court of Judicature. He would go fur- A k re and say, that if her Majesty's" Counsel were to state t w h ih, a i he .would enter into t) engagehtent—that lite would reserve 'hisneelf open• for his client to make any fitiiter‘he circumstances, he might think necessary, he would- do-tnitnore-thau he was bouud to do in common jostieeho his client, and he believed that there was no Counsel Whf had ever appeared at that bar who wield not feel it iiis duty to reject on the moment Such a proposal as the PregeM- WO it not a most exttaordiaary thing fur any • Court to obstruct their 'Ovid proceeding, fOr the purpose of opening a treaty, and conci tiding a bargain with the Counsel? sVhat was it they purposed to do? To enter into an engage- Mein that the Counsel at their Bar should be ready to fol low,arp, their statements by evidoice immediately, arid that, in no case, and under no - cietninstances, he should make any itipPlication to' the 'loose which the interests of his client might require. In addition to this It was proposed that the House should hind itself, es a return for the' concession; to .say that they would listen to no applica• tioni that thali would shot themselves_ up. froth. all ap proach, and shut Mir,. ears agiNt justice. Shill was the ext rirordi,astry-triaty•bet eir en the,JutlONan ktv taeplisttnd.the Counsel at the bar. He could not concur io ntalying• any pledge that would .amouut.to an abandonment of his own duty. Agreeing as he did with his Noble Friend, that while they were navigating a sea without chart or compass, it was impossible they could feel themselves fsee from danger, he felt all these dangers would be increased byadopting the course now proposed'. 'lf arty such interposition was contemplated on the 'part of the Honse,.it was incumbent on those who . Meditated the proposal, to have made it before the Soli eituir-General had summed no on the other side. What was the object of summing up? His Noble Friend (Earl' Laoderdale) the Noble Earl at' the head of the Treasury, and the Noble Lord on the Woolsack, had all expressed a wish' that the evidence already giver% at the Bar should be allowed to make no impression on their Lordships' minds.— Bor, though they ad witted that any interruption oft he evidence was an evil, fl as in common candour they could, not deny, they were not only willing that the ev i d ence should stand in its present shape against her Majesty, but had permitted the SolicitOr-General to wale his comments, lifter having pre determined to adjourn, when the case for the Bill was closed. What then, he would ask, was the object of summing up? to give a bias to t heir minds, to point out the strong parts of Ilse evidence, and collect the whole into a focus against her Majesty. Feeling.and foreseeing the necessity of an adjourn ment, they had done this, though they knew that the Solidi tor-General could have summed up afterwards as well as now, and that .his cause could receive no injury from delay, the 'evideOce being now before their Lordships. After the evi dence, and after the comments -upon that evidence, were they to told that the present was the fit moment to adjourn, even without the couuterhalance of a singlecomment tot the other aide ? He admired tbe candour of his Noble Friend in many' instances,„ hut it struck, him as rather extraordinary that he shoold say the present situation of the case afforded the best opportunity for adjournment, as it left matters irl the most , era! balance. In ,what did that equality consist ? Was it equiality to allow the whole evidence to be sworn upon one side, - .and comments to be made on that evidence, in order to work, it, up to the highest effect ? —Was that a moment to be fixed upon for suspending the proceeding on the ground of a favourable equality? Was that the best and safest tuouaent to select, when one party had all the advantage ? Al ,Noble .Earl haul cautioned• them against the injustice of permitting part of the evidence to be brought forward ; but there was no intention, as he understood, to make such a proposal.. All that the Counsel wanted was the advantage of a speech, to counteract the prejudice created by a speech accompanied with evidence: The Niible Lord had said, that no case would lyearsuch a proceeding.— What an opinion the Noble Lords must have of the case! The Solicitor-General had produced his evidence and made his speech, but if, after all that, some comment was tacked to the case, in the opinion of the Noble Lord there' was an end of all: He would ittlansit; aehrther• it was most fair to the public, or most.fair to themselves, to allow the evi dence and comments to go forth without even an obseiva tion on the other side,. to shoe. in 'what respects it., was valuable, for that was all they desired. He ridiculed' the idea, that the Counsel for the .Quee n would venture u p on statements which they could not prove in evidence. What e,ver temporary advantage they might derive would be more than counterbalanced by the subsequent haw, of the evidence, and they would forget their duty to their client. On the contrary, he thought it more reasonable to conclude, that the Counsel would make a statement . More lithited than their evidence wool d justify, in the apprehension that the difficulties with which they were surrounded, 'might interfere with their case. He would himself object to a pitr tial proving of the evidence,but none of the inconveniences to be apprehended from such a privilege were applicable to the mere permission to make an opening statement. If there was to be any leaning on one side - or another, that leaning ought to be to the accused party. ' 1f there was any doubt in their Lordships' minds on the subject, they ought to find the detesmination,cif that doubt in the recollection of what the accdsed'pariy had before suffered by the proceeding of their Lordships.' Ile gave his negative to the motion. Earrof dARNARVON attributed the difficulties under which the Noble Lords were placed, to the refusal to, grant a specification'! the charges. 'Ellafiefusal was, in his Lordship's opinion, a departure from the principles of justice. The House hadaocansider what wouldbe a remedy. The proposatof the Queen's Counsel would net be acceded to. It would not he a It Was possible, that from the ignorance in whichthey represented 1 bcrnselves to he, the Counsel for her Majesty might in their defence advance assertions which could not afterwards be supported by evidence. Had it not already been said, that a great and foul conspiracy had been entered into, and that all the evidence lAid before the House was the produce of it. Would their Lordships allow suet) a defence to lae made, add then aoKer two or three months to elapsetefore any evidence wass-produced - in itaisupport ? •Would they depart from that great principle of law and justice, that when a charge was made, the evidence should he produced with the least possible delay? In the present 'case, it was important that the Counsel for her Majesty, if they made their statement, should immediately go on with their evidence, or if all was not ready, with that part of it which was, that no unfounded libel might he circulated for months, uncontradicted and ins !timely, and that no individual should be able,' ambiguas .spar:; ere .roces. The LORD CHANCELLOR explained that ,it was gene rally understood whets a Counsel proposed to sake a state,- went, that be was eerfectly ready to go on wills his proofs. This was the ordinary mode of proceeding; but he did not mean to shut out those exceptions, which it might be necessa ry to allow, and for whichio many cases application bad been made. -Lord CALTHORPE believes) that nothing commanded more confidence and admiratiOn 'than the mode in which justice was administered in the Courts below. Yet, if he understood the ground• on which applications had been made fur the opinion of the Judges, it was that although entitled to the highest respect, they were only to be received subject to the discre tion of the House. This had been exemplified by the un bOunded extent of cross-examination which the House had thought fit to grant to her Majesty's Counsel, as equivalent for the refusal of a list of witnesses. Now considering how moderately the Queen's Counsel bad used the privilege al- Itiwed them, he thought the House could not with propriety reftsse them the present indulgence. In order, however, that it should not he turned. into a precedent, it should be re corded on their Journals that it Was'granted under the special circumstances of the case. Amongst other special circum stances in this case, he must, undoubtedly, place the refusal of' a list of witnesses. Her Majesty's Counsel would not hay, been' deprived of that advantage, if impeachment had .been the mode adopted; the loss which they had incurred through the determination'of the House gave them a claim di ,* it; and it would be hardly fair to refuse them the in (talgence which they now ruCilleSted. As to the use which Osiflit be made of that indulgence by the Counsel, be did nu mis i ink that was a fit consideration for their Lordships.— (war, hear, hear!)—He would say this much, however, thathe" could never bring himself to believe that the Attorney- General for her Majesty would so far compromise his charac ter as to sink, in the -attributes of an Advocate for the Quern, the higher claims which pliblic justice had on his loMour and discretion. He was sure that the Learned Gen tkman would receive such an indulgence as an important trust committed to him by the House, for which he would he responsible, not-merely to her Majesty, but to the House and •to•the Public, for whom the House acted. • Lr,r(l REDF.SDA LE was thoroughly persuaded that it was • essential some proceeding should have been instituted. It woad have been impossible otherwise that the minds of this country and of all Europe should have been satisfied. With this impression upon his mind, he had considered with much anxiety and care what course of proceedings ought to be adopted. The House were upon this subject to act upon the law, and not to make any new law. The'course its which the Queen's Counsel wished to proceed, was in violation of such authority as the house was hound to follow. The defence of the Queen could be made in the shape of evidence alone by the la 0•: a'nd was it in this case to rest. upon the mere assertions of.shose.whu were in no way responsible? He concluded with declaring it to be,his, opinion, that the Counsel fur her Ma jesty could oot, with propriety, go on with the defence before the Adjournment. Lord- DARNLEY could not but attach very great import ance to-the statement of inconveniences made by Nohle Lords whnwt!re adverse to the prOpOsitions of the Queen's Coun sel; but, after balancing the inconveniences with the con veniences, he had made up his mind that it would be the pre ferable course to permit Counsel to proceed as they seemed disposed, as this was not an-ordinary judicial case. He did not know upon what principle the House could refuse the Queen's Counsel the power of dividing the evidence for the • , defence, when they bad granted them the power of dividing tbetross-examination, Lie could not brlp expressing his re- Bret that those difficulties had not all been avoided, by gro i l' 4 ' , lug the list of witnesses. A s The LORD CHANCELLOR then pol the question, division took place, when there appeared— contents Not Contents Mi.josity —lO • Counsel were then called in and informed by. the 6'elv, CHANCSI.V.tt of the Resolution which the House bad co " 111:0 ' ;HAM this,Q demand that their - fisirds It _would ke'kea alto him to ent on t*atide which* Itainleetrt Iri ft ha of he ther 9t4e; Uitttltt -himself to confine his observation; to e tirse of comment, and not to say one word in any way descriptive of the state ment or evidence which he might hereafter be , advised by be Majesty to bring forward. He requested that he might be heard at their Lordships' bar fur this purpose at any hotr-Io' morrow morning.. The LORD . CHANCELLOR conceived that the propositio e of the Learned Counsel to be allowed to comment, was, its Strictest sense, a part of the statement. It was, in tot opinion, impossible to divide the one from the other; ass after after the resolution their Lordships bad come to, it therefore altogether inadmissible. • I • After a short pause, Lord ERSKINE rose to support the claim put in by tbe Learned Counsel. What was then asked was no more theo bad been granted to the SOcitor Gvneral for the Crowil Their Lordships hid given hint leave to sum up the e vidioce% and he 'could not possibly conceive what difficulty there toLO in the way of granting the present m o d erate request of Queen's Counsel. If it were contended that such a cours e! was unusual, he should reply that the who l e proceeding v.° of an unusual nature---there was no precedent whatever tote found for it. His opinion was that it ought to be conceded, and he moved accordingly. The LORD. CHANCELLOR then asked if it was .th,e . fe, Lordships! pleasure that Counsel be called in, and infOrmo. ) . that they bad permission to commence to-morrow, to tione Went on the evidence which had been adduced by the C e owitt without being called on to voter into any other part of_ tbct r statement, nor to produce their proofs in support of it.' The House again divided on this motion, when the nt bers ,were— Contents ... 49 Noti-Cotitents lajorii y.... —l5ll. • Counsel were again called to the Bar, and Infos mcrl by 00 LOUD CHANCELLOR of the determination their Lordship* had come to. Mr. BROUGHAM then said,as this was a question of consi derahle importance to her Majesty, be trust ed t heir Lordship, would allow bins till to-morrow, before lie should be calld on, finally, ti decide what course her Majesty's Counsel tended to adopt. The LORD CHANCELLOR. —Till what time to-morrow ' l t' you demand ? • Mr. BROUGHAM.—Any hour which may suit your . ships.---(.A general ere of Ten o'el”eli. 3 ) The LORD CHirCELLOR then put the question, atK r .; was decided, nem. tors. to adjourn till Ten u'Cluek to-tuOrridi'l THE QUEEN. HOUSE OF LORDS—('PM DAY.) Prayers were read by the Bishop of Bass-rot at ten minutes before ten ; after which the Ca, ,) of the House commenced. The attendance Peers was not near so numerous as on the ceding . days. About five minutes past ten ill Learned Judges entered the House, and_ tool their stations on the Woolsack. Some excuse°, Are offered for the absence of different Peer!! and the Call ended at 20 minutes past ten. TV 'three Royal Dukes were early in the House,: Counsel were then introduced, as usual, at iv, minutes after ten. The LORD CHANCELLOR said, " Mr.Brougbale' l . I am desired by their Lordships to ask WOr Course-you mean to pursue in her Majesty's cafe! in consequence of the proposal of this House." Mr. BROUGHAM stated that the Counsel for-1. 138 Queen, with the exception of Mr. Williams, si ° was gone on the circuit, had waited on her °.:l jesty yesterday evening, when they informed that their • Lordships would hot permit he Counsel to be heard at present,•by way of cote; ment on the evidence which had been adduce at. their Lordships' bar. They then received he Majesty's commands to inform their Lordships t her direction. to proceed as soon as possible agaiol l the Bill. But as her Majesty's Counsel st,," required a very few days to prepare for ti7 f .' defence he Queen, they n ow entreated tile r Lordship grant them that short period. til e r Majesty's anxiety had not abated on this portant subject, but was rather increased 1 1 certain considerations, and it was her first svi, that the delay should be as short as possibie.'"o Her-Majesty's Counsel were exceeding the l io° 7 thus,assigned - to them when they asked of Lordships, till somewhere at or about Alonae' fortnight. The Earl of LIVERPOOL said, that whenell,er her Majesty's Defence was begun, it ought to ro continued; but the time for entering on it °ag e , unquestionably to be left entirely to the dis c t tion of her Majesty's Counsel. There was no c i ees o l tion of personal convenience, which he was t t be ready to forego, and he believed the same of t, House, in order to meet the wishes of her gat ty in the present stage of this painful and portant case. He therefore should concal . the request made on her behalf by the Lear ° Counsel at the Bar. s c 3 The Earl of D.trINLEY hoped, that the Lea r " ii i , Counsel for her Majesty would, for the conc e d e ence of the House, state the precise day, an d he t lastest day, as far as it was advantageous to Majesty, on which they intended to proceed', to The Earl GREY considered he was boon s, attend to the application of her Majesty's C O l,O sel as to the time required by them. But, as p s? Learned Counsel had stated at or about tisi day fortnight, he hoped it was not cla ii- fs ( too much for Noble Lords who lived s ° s t distant from the Metropolis, p ar ticulal t ig this season of the year, to be informed I ms , time mentioned was indispensable to her os S jesty's cause. What he wished to a scertair i ta ts. whether on Monday fortnight it was likelYs t sso e ' longer period would be proposed to th e el lie hoped in short that if the Learned etr i t iAC could not certainly he prepared by that floe , a longer period might be mentioned. that If t " The Earl of LIVERPOOL observed ' s personal convenience of Noble Lords *satil. be consulted, he perhaps might claim some lesvet gence, after so much fatigue as he had, G eV rienced in common with their Lordships/ I ° s se' junction with official duties. He trusted, , Yet., he was the very last man to askf or 1/ I° J present case ; but there was one perse i t ie only one, who from his long attendance sit s , l l o o House, from the business that must of nee° whp.gt upon his mind,and from his increased llg e t '„ o øø j convenience he was certain their Lord shw wish to consult. He meant the N°lsitteustl6:, e 11 ° Learned Lord on the Woolsack, whose reels was not optional with him,, and. who ,„" c og Ong discharge of his duty.was iLI E l'mnv e c P o k at to izitta T 1 wool o e st [( •wp,,, t iler Let 41),,11 ti what 44(111 tic ht tel Wit Pro fo;