The Sun. — London, England, 1801-05-21 00:00:00

IMPERIAL PARLIAM EN7'. IJOtISE OF PEERS. WEDNESDAY, nAy 20. Tut Dills before the House.were forwarded in their respective stages, and some routine business was disposed of. A number of tilts were brought up from th!. Commons, and read a first time, among which was the Clerical Exclusion Bill. MESS i t rizzloN..-s DIVORCE BILL. The Order of the Day for going into a Committee upon this Bill being read, the Hone accordingly re solved itself into the same. Lord WALsivoitAm in the Chair. The Preamble of the Bill having been disposed of, their I.„prciships came to the consideration of the main and leading Clause in the Bill, namely, that which goes to dissolve the Marriage between Mrs. Addison and her now Husband, and'to enable her to marry again. The DUKE of CZARLYCE with considerable ability and clearness delivered his sentiments at some length against the provision. The line of argiiment adopted by His Royal Highness was that which on former occasions, when a regular unity speaking•of the Bill,.occurred in his pre_ Bence, he advanced against, the Measure-o-namcly, on • the,general ground of religion and morality :—the apprehensions which he entertained, were such a Dill suffered to pass into a Law, of its creating abundant opportunities for collusioiL dough the agency of the husband, and the consequent ,very. great danger of establishing such a precedent. His Royal Highness in the course of his observations, referred to a Case where a similar application had , formerly been made td the House, and which was rejeded by their Lordships. Lord TJfURLOW, in answer to what had fallen from the RoYAt. DUKE, displayed uncommon abili ty and legal knowledge of the subjed. After treat. ing the case generally with respef . to the existing Law as applying to it, he adverted to the peculiar circumstances of the case itself, which he considered as one of a very aggravated and extraordinary na ture. .On such occasions his opinion was, that the rule which should guide the decisions of their Lord ships, was the particular and intrinsic merits and circumstances of each particular case ; and this rule, he strongly contended; shoulebe applied in the pre sent instance. With respell to the degrees of af finity between the parties in question, he considered the point as referring to the Statute of HEN. VIII.' and to other Ads, from which we understood the Noble and Learned Lord to say, that the Law pro_ hibited the subsequent inter-marriage of a man with a woman related within the given degrees of affinity, with whom it was proved he had a carnal intercourse. Recurring more pzirticularly to the case before their Lord3hips, he requested them to consider the effet of a Divorce, a meNsa et ta9ro, aS already obtained by the Petitioner : no intercourse could take place, and in such a case as the present, he considered, as it was well expressed in the Bill, a reconciliation to be itnpossible. Their Lordships would also recoiled, that fortunately in such cases they were bound by no rule, they were to decide solely from their own feelings and cotiviftions. He referred to the case of the infamous Lord Ali DL Er, who suffered for the most odious and abominable crienes, and the ac. counts of whose shocking and atrocious conduft to_ wards his own wife must be known to all their Lordships. He woulyi put the case to. their Lord. ships, whether they Could possiblY teftiSt a Bill of Divorce, did that much injured woman apply for 'one against her husband t He would put it to the heart and feelings of the -Illustrious Prince ' who stood forward the decided opposer of the Bill before the Committee, whether he could for a moment .hesitate to grant a Bill of Divorce to 'a woman suing under such terrible circumstances as the 'Lady he alluded to ? In the present instance, the aggravated and atrocious circumstances of the ca s e were before their Lordships. On' these the Ecclesiastical Courts had thought proper to grant a Divorce • a ',masa rt tboro. Under the circumstances of such a cast, and considering it in the way he had described, the remaining mode o f Divorce, a re,lifrocuio matlintonii, may be considered, after what had taken place, as a kind of form, be would therefore generally recomntend its being granted. The House, he repeated, were tied down by. no positive rule ; let the Bill be accorded to merely on the special grounds and peculiar circum stances of the ?articular ease, which his Lordship argued would entirely do .away all apprehensions entertained•on the score of precedent. Tht LORD CHANCELLOR quitted, the Wool sack, and seemingly expressed his concurrence with what had fallen from the Nobk and Learned Lord respaling the Law upon such case ; anti made — Some additional observations, respecting the difference tliat obtains between a Husband and a Wife-apply ing for a Divorce,,on 4eount.of the, important. can. sideration of the charge of the. Children. With . . respea to the particularcase before their 'Lordships ; he confessed, that much: of his apprehension on the score of. granting such 'a Bill, forming a dangerous Brecedent, and taking it on the ground that the ill was granted on account only of the peculiar cir. ' cumstance of the incestuous Adultery in the case, and therefore forming no kind of precedent, with respea to cases of coidinon Adultery on the , part of the Husband, the case ViaS materiallj , altered, and he was happy in finding a principle on which he could safely. rest in ,deciding upon the present Case, namely, that the charaaer of incest was held to be such as to justify a proceeding of this kind, still keeping in view the consideration that it was to form• no precedent for ordinary Cases, he should not feel much difficulty in voting for the Clause. Tke Earl of ROSLINseeMed to express himself nearly to die smile effea,. and adverted to some peculiar circumstances in the present Case, which - should facilitate their Lordships' decision with re. epea to the Bill, as the very laudable condua of the Lady, in so arduous and delicate a conjunawre, eon, trasted with the profligacy of the husband, whose circumstances formed another peculiar feature in the Case, as his-affairs were entirely deranged, he was in a state of Bankruptcy, and had quitted the King dom. The masterly manner in which the Noble amid Learlied Lord who first spoke, had treated die Case, eonsidOrallly helped to rmove h s obletc.tions to go ing the Wit tengthof Divotte a vineuie ma/rim:nit\ especially when added to the co'risideration that the present proceeding should form no precedent with respett to ordinary Cases. Lord AUCKLAND enpressed himself happy in having his embarrassments with respeCt to the case in question in a great degree relieved, by what had fallen from the learned Lords who had spoken before him. His Lordship dreW a eery animated and feeling picture of the heigus crime of Adultery, and more especially Nvilen hetglitened by the still more heinous offence of incest ; a man guilty of •which, our favourite National Poet, his Lordship said, had called an incestuous and adulterous beast ! The DUKE of CLARENCE spoke in explana tion, and assured the Committee that he had come forward under strong impressions'of duty. He con fesed that what had been so ably advanced by the Noble and Learned Lords had considerably altered his sentiments with respett to the danger on the score of.precedent. He felt himself relieved in that point of view from what had been said by three Lords eminent for legal knowledge ; he however suggested the propriety, or wished to know whether it could regularly be done., 'natnelly, to introduce a specific clauSe into the Bill, setting forth that the Aft should not be held as a precedent. The Question upon the Clause was then put,. which was agreed to by their Lordships. RespeCting the Clause which related to the Chil-. dren of Mrs. Addison, by her present. Husband, The LoRD CH:orc ELLOR expressed a considera ble degree of anxiety : by the ordinary course, they would be removed from the care and proteClion of their Mother—anti the circumstances of their situ ation being these of peculiar grievance and hardship,• he expressed his intention of forming some expe. client, to secure them, at least, the advantage of a virtuous education ; therefore, -in order to enable him to digest a proposition to that died, he would move, That the Committee should close their deli-. berations for the present, and that the Chairmando , report progress ; this proposal being assented to by . their Lordships, the Chairman quitted the Chair; and the House resumed. IgESSAGE FROM THE KING, The Order of the Day being read for taking His Majesty's late most gracious Message 'into con sideration, Lord HOB ART rose to move an Address to His MAJESTY on the occasion, which was couched in the usual way, thanking His MAJESTY for his most gracious Communication, and assuring him that their Lordships world most cordially concur with the other House of Parliament in enabling His MA J ES TY to aa in tie manner therein mentioned. His Lordship prefaced it with a short but neat and appro priate Speech, in which he expatiated on the great importance of the Portuguese Alliance to this Coun try, in a Political as well as a Commercial point of view ; and with respell to the required pecuniary aid, he observed, that it was the duty of this Coun try to do as much as it could towards preserving the Alliance, and saving that Country from the power of France. The mode now proposed was, upon the whole, judged as the most expedient and efFedual under the circumstances of the case ; and he repeated , that though we were trout Acse considerations un able to do as much as we could wish, yet we cer tainly should do as much as we could. His Lord. ship they► moved the Address. Lord HOLL AND expressed his_ disapprobation of the Motion, not,because he differed as to the im portance of the Portuguese ‘connettion to • Britain, or the policy of preventing that Country .i frorm fall ing under the power of France, but because the con dud of our Government had' reduced Portugal to its present situation—becaUse pecuniary' aid was not the most efficacious. Assistance --in troops, &c. would now-be the only dreamtl means, but if pe cuniary aid was .detetmined on, he thought the paltry sum 300,0001.• which he understood was that proposed ; was most miserably insufficient. • The Marp;r of SLIGO rose; for the purpose of impressing the House with the consideration, that ,it was the Juty, as well as the interest of Great Britain, .to make every exertion for the preserva don of Portugal. A long residence in that, Coun try, had given him an opportunity of witnessing the sentiments of the Portuguese towards- the Bri tish Nation, which were hniversally those' of the warmest and most grateful attachment. The Earl of MOIRA, in answer to what had fallen from the Noble Marquis, observed, that his Noble , Friend had not uttered a • word in depreciatiOn of Portugal, or against its connec tion with Britain. ; on the contrary, he adnaitted these, and principally. obje r Eted, than the means proposed were inadequate to their .objest—His Lordship, then with much animation. enlarged upon the several topics adverted to by his Noble Friend, censured the condua of Lite 'Ministers, for not re taining a great part :of these troops which he said were sacrificed in the West ladies, and unnecessarily placed in situations 'of peril among the sands of Egypt ; and;with respea to the proposed pecuniary assistance, he asserted that it would comparatively be of no more. avail than three halfpence ! • The MaryuisTOWNSIIEND spoke shortly upon the importance of the Portuguese- connOtion, and the loss this Country' would sustain were she de prived of it. The. Earl of SUFFOLK spoke shortly in sup port of what fell from Lords Mot IIA and Ho 1. Atm, particularly with respea 'to the smallness of the sum proposed, which he conSidered as thrown away, or in filet, made a present,of to 'Bonaparte. The . Earl of WESTMORLAND spoke with much ability, and in some detail, ih reply to what had fallen from Noble Lords at the opposite side of the House. Earl briIGV.LEY shortly delivered his send ments, after which Lsrd HOBA kT entered into 'a general reply, and principally observed, that The sum proposed ;wal just, what was • required by Portugal herself as an efficient aid, and on which point, he must say, the Government of that Country was most probably the best Judge. :With respea ,to the idea of the rnimey eventually. going into the coffers of l3ona parte, he observed, that most likely every farthing of it . Would be . laid out - in this Connsiy, in the necessary articles of which Portugal stood in need. The Question or: the Address was then put And ca Tied without a division, • THE L.Vi'E SIR RALPH ABERCROM! • Lord HOR,IRT presented a Message from :His MA J EsTY, which being read from the Woolsack, appeared to run to the following etre& That His 'MAJESTY acquainted the House of Peers, that hav ing taken into his consideration the .eminent and ,signal services .of the late General, the Right Hon. Sir RAI:PH A E ERC ROMBY, K. B. during ,a long life spent in the service of his Country, and:ter minated by • a glorious death,.. he thought proper in testimony of his regard for the memory -ot that distinguished Off i ccr, to confer on his Lady the dignity of a Baroness of . the United Kingdom. of Great Britain a:id Ireland, hr the name, - stile, and title of Baroness Aatiteßomey of Aboukir, to descend to the Heirs Male of the said Si- RALPH AB ERCRONIET ; and that Ills MAJF.STY has been further pleased to grant an Annuity of 20001. dur ing the life of the said Baroness Atli:RC ROM B Y, and the life of the two next Male Heirs to the said title and dignity, &c. This most Gracious Message • was ordered to he :taken into consideration on .Friday next. Some routine business was then disposed of, and their Lordships adjoutned till to-morrow, 110 USE OF pOMMONS, WEDNESDAY, MAY 20. The Resolutions of the Committee of. Supply, re speding the Irish Duties, were brought up. . M. O'HARA was of opinion that the Irish Duties ought not to be made permanent, but should he voted annually, as was the custom in Ireland. Mr. CORRY said, that it was only intended to renew these Duties for one year. The Resolutions were :hen agreed to, and a Bill, or Bills, ordered to be brought in thereon. Sir I .V. YOUNG moved the Order qi die Day for going into a Committee on the Bill requiring Re turns or the, Assessments for the toor„&c. The Motion was opposed by Mr. - SHAW LE FEVRE, Mr. ELL ISON, and Mr. WM. DUNIIAS, on account of the late period of the Session, at which it was brought in. S;r JP. PULTENEY thought the House ought to have thelteturns of the Assessments, in order to form a ground-werk for some other regulations recpeaing the Poor Laws. Mr. irliV1)11.411I opposed the Motion : he thought these Returns ought not to be required until the House had determined to adopt some regulat ions. Mr. ROSE concurred in opinion with Mr. WINDHAM, and objefted to the passing this Bill in the present Session of Parliament. After a short reply horn Sir Wm. YouNc, the House divided, For going into the Committee - .27 Against it _ 6$ Majority - MESSAGE FROM, THE lUNG: The CHANCM,LOR of the EXCHEQUER brought down n Message from 1-Its MAJESTY, stat ing, that His MAJtrry having taken into consi deration the eminent and signal merits of the late Lieutenant-General Sir RALPH . . As ERC ROMI3 during a long life, spent in the Service of his Country, which was terminated by a glorious death, had 'thought proper to confer on Lady AB E C ROM -13 Y ) -.llle relict of the late Sir R. AB ERCROM. BY, a Barony, by the tide . of Baroness ABBR. CRAMBY of Aboukir, with remainder to the two next Heirs Male of the, said Sir It\ LPH, and being further desirous of granting to the said Lady AB Eit- CROMBY, and the two next Heirs Male, to whom the title shall descend, a net Annuity of zoool. per annum, relied upon hiS faithful Commons to enable him . to make good the said Annuity, and that they would take the 'necessary measures for securing and settling the • The • CH..-INCELLOR. of the EXCHEQUER moved, that the,said Message be taken into, consi deration to.morrow, in a Committee of the whole House.—Ordered. • . . Mr. TIE I?,‘VEY.' begged to recall to the recacc don of the House that they had vo'red.their Thanks to Admiral Sir HYDE PARKER, qui juntaion with the - other Admirals of the North Sea Fleet ; but he believed that the, .very Ship that .carried out those, Thanks, Carried o.lit rtie r3' . to Admiral PARKER to return home: The Gazette of last night contained an account' of'- the HOnotirs conferred upon the other Admirals;but'not 4/o_, - -,Sir E,E Pi. R K E :':tough he had received the Thanks of the it 2p 7 pcared to him that e Dinity of the House was concerned iii this business. It was the opinion.of many people.•that the Tiranks of this House were Voted,; in geney; in too great a hurry, by which `mans they were rindcred.:of lesS value, ,ile thought, however, upon this occasion, Nlinihters were bound to explain what appeared to him to be a great inconsistency in their condud. The CHANCELLOR 6i . 11:e EXCHEQUER said he conceived the points to which. the Hon. Geiitleman had alluded, were such as rendered it impossible for hiM to give the infOrmation re-. quired. He should be sorry indeed, if the Thanks of the House were diminished in their value, be cause he conceived them to be the greatest Honours, that an Officer could receive. He conceived that the Thanks of the House were properly voted to Admiral PARKER fot his able' disposition of the Fleet under his Command in the attack Made upon Copenhagen. What the circumstances 'were that , prevented other distinhions from being conferred upon him, he would certainly, without any •diste speet to the Hon. Gentleman, decline entering into. Certainly no impeachment was intended to he -made against the zeal of Admiral PARKER ; he thought himself bound to say thus much in justice to the charaEler.of that Officer. But circumstances may have occurred; independent of those for which he obtained. the• Thanks of the • House, which might render it expedient that Adm i ral PARKER should be recalled, and that the Command of the Fleet should be bestowed upon another Officer. It, appeared to him, under these circumstances, that the House would be satisfied, that the merit, great as it was, of making a judicious disposition of the Fleet, was not st4ficidtit to justify Mit;:sters in recommending that the same marks of distinaion should be con... fcrred upon him., as upon the other Admirals by whom the,plan was carried into. execution. 7IERNEY , rose io reply, 'when he was called to Order, having spoken before; but he said ; he should conclude with a Motion. .He said he was tiot by any means satisfied with the answer he had received from the Right Hon. Gentleman. When the Thanks of the House were vote(), he thought' all the Admirals *ere included in that vote : he did not deny. that circumstances might have since arisen to render it proper to recall him, but When . the House made no distinaion in the Vote of Thanks, he thought Ministers. ought to - explain td the House, why they advised Hts MAJESTY, id the distribution of Honors, entirely to pass over thi Commander in Chief. He defied the Right Hon: .Gentleman to produce a tingle instance in. which Honours had been conferred upon the Second id. Command, while the Commander in Chief, afer having been thanked - for his conduit, receiv e d no mark of distinaion whatever. He thought it right to st a te, that he never in his life spoke to Ad miral PARKER, nnr was it in .consequence of any communication with him, that he noticed this sub jea: He concluded with moving, 1 ( That the Vote of Thanks .to Allllip.ls PARKER, NELSON, and GRAVES, be read." Me - SPEAKER said, it was not usual to put the question, nor to make Motions for reading Extraets from the Journals, unless something was to he done upon it ; therefore, he feared he had not been regu lar - in suffering the Honourable Gentleman to make a second Spee6. Mr: GREY said, he conceived' it to be . the con stant praffice to, move for the reading of Extrafts from the Journals, and if that was opposed, of course the question must be put upon it. He thought that in ccmvlrsations Gentlemen oug ht not to be confined to the same strk rules of Debate, that they were upon a regular Debate. The CHANCEZiO It air the EXCHEO UER said, that strialv steaki6g the Hon. Gentleman u'as.cor. red ; if a question was moved and seconded, it must he put ; but when the SPEAKER had-given-his ,oPi. nion upon a ynint of Order,sit was always entitled to great weight. H did nor mean to allude to any thing personal to himself, bur the opinion of the SPEAKER upon points of Order, had always great weight with the House.' rr was true, that Gentle. men frequently moved to have Extra 1s from the Journals read, but then it was incidentally i n t h e course of Debate, in order to prove a fad or sup.. port an argument ; it was always for some p art i cu . objed. Upon this . occasion, he was inclined in the. present instance, if the House would permit him, to wave the point of form, for the purpose of obviating what might, perliap•;, otherwise make an improper_ impressions 'I he:. Gentleman had stated, that the merits : of Admirals PARKER, -N EL . sox, and GRAY ES, upon this occasion, were equal, because they ,were equally thanked for tbeir Ser vices ; .but he would find tiptin looking at the _lo ur _ rills, that the inerits of these Officers were ditrer ently described, and th:q , cliTerent descriptinns o f these merits w ere s p ec ified in rite - Vote of Thanks.. The Thanks to Ad m i ra l P Attitglt were in these words, • • " That the Thanks of this House be given to Admiral Sir HYDE'PARKER, for his.able and judicious disposition of the Force under his Command, .by which the Danish Fleet and Batterie,S, composing the Defence of the Harbour of Copn tl _ lugen, were taken or destroyed on the ?l of April, anti to AdMiNIS NE1:5611 and GRAVES, and Ca, -STEWART, in these words : . . ." Thar the Thanks ofthis House be given to vi've,Admi ral Lord NEi.soNi, to Rear-AdMiral cic vEs, and to Lieu tenant-Colonel Sr r.w.%R'r, commandiug s the 49th Regiment of Font ; and to all the Oflicer- under the Command of Ad. inir. d Sir.H,VnE .P.ARKElt.'for theirbravery and gallant con duct on the,gloridus'occas,on, of the triumph of the Rritiih Force off the. Harbour of Copenhagen, on. the :d of April, .180 t." . . Nobody would suppose that it was the intention of those who proposed the Thanks to impute a want of bravery to Admiral .P.AR KE R, but the Resohitions were applied to the fail Admiral PARER was not engaged; he made ihe.dispositiou for the attack, but Admirals NELSON and GitAvr,s'Orried them into effed. It appeared, therefore, the HOn. G, N7 . tleman was not 'correct in stating 'that they were thanked for the sank services; and the circumstances to which he had. before . alluded,• were not known at the time the Vote of Thanks ‘s?s proposed. -The Hon. Gentlenian : had stated that' he Shad had n 3 communication with Airniral PARKER upon this subjea -; 'he was sure he had-not, liar should he have supposed he. had, c ,. ..en if the Hon. Gentleman' had made . no 'such ciclitration, because if he had consult. cd the intet , ::::t of Admiral 'PARK ; k he would not 'have taken the' cotirse- he had in that House. He had before stated, that no imptration was intended upOn gle 7,04 of Admiral R, who had, during alimg lice, displied the most ardent zeal for the service of his Country. What the circuinstanc.es were which governed the conduft of His.letjesty's MiNistcrs, he li-tut:now forbear : to. state, and he should conclnde with repeating his former ohserva. tion, that for disposition which Admiral PAR. RE R had made of this'feet, he thought at the time, that that Admiral Was entitled to the Thanks of the House, and heremined the same opinion still.' 1/1,17071V he trad never heard a Mo. timr for reading an , Extra 4 from the Journali re fusekip or eve)) doubteklbefore. The SPEAKER . exptained the Orders of tho House. He',considered the 'Hon. Gentlemakirre gulai-. in haAng rn.1(1•: a second Speech—it was true that ExtraCts were fregtpntly rad from the journals, but sdipething Was always foumied upon it. Mr. GREY said; he did not suppose the Right Hon. Gentleman (the' CHANCELLOK of the Ex. cytrgunt) meant to ,allude to his own condad while in the Chair,_ though no such reference could be made without doing him the highest honour,' from the uniform dignity and impattiality he dis: played in that situatkon. He felt'also the greatest respect for the Right Hon. Gentleman, by whom: the Chair was now tilled; but humanity was liable to error; and he could not carry his 'deft rence to any man, however respeetable, so far as t) : 1 • u p the use of his own. judgment. He think:---(Herz the Hon. Gentleman was called to Order by M t . WILL,W4 DZINDAS.]