The Sun. — London, England, 1814-07-06 00:00:00

./. I'l o a •id 'Ol4 of few • ile course a I.ot unaersfanit l l° he brought me vrever, in t 'lays, to my very great surpr . ise, ona speculation . the snru of 4 80/. as the which he said he had mad p e ro fo h r t • the money, I desired him tosPt and the 19th 0 me. Nut tv N .it o h t i ‘ t va t i l l i t l ii irk badi, lost it. Between that period • e d for me, I e had gained d, "hrilary, the stun which -' , ~ot ` lee or revear ' 4 ' l pl4ced to . . my account, i•viti,i 4,20?1-, . MI acts of Mi . 411:I Withollt my:controul, stet' disintete . of a dishonour- • 1 !Jaye witnessed many a 111( . ted to hi tt ' ah il 1 think hint incapab.lcoaoimadverte, a -e ttOti." His Lordship then ,1 examining .° l l the -conduct of t he • ju'lrgt.eatullioloservi'Lg)tet" the adjourning the C°k virulence %%nc: , To_ 'tie evidence With a degree of . , [lle then pi,-, 4sioliell fresh calls to order. 1:,,,,,ii,,ii.m,r0ug seems. t t Neil to comment on Lord iteport lt '-'i't"ge, on which subject, it ourwould not repe bricunuteted, it is because we 4, to proseciit . m i i 111'4 which would jilsilY expotm;„irous of P"°,,,ltsde -41.41Ponishinent, and yet ar- ,, c p ur g e d in I'' - i _._ , 11 t g 41 , 1 that the accused pe,,lisii, •borotigir, in his l'i.lee.J " Why did Lord 6"i.), of m y Affidavit ea'l" ti; th e J ury, take one p ; 11 He lirofesse:. t t r o tei%tit." a lltl 11110111er as false the facls o f my . 1 ' i its,e fro:witty Affid a vit .s to tare to wea,. ins,trelsad.. ‘)F tkiii"4l),' Bereiter •t irk it the AirY to ci ,roi d„„ 'lliii;,:riii, 4,111 P ais I so . disguised, and ,:Z•ans hig fo,:,'titillei ti. man disguise-conilll in a bum' e r , „ ~..,i .., tlut utt .' 4 .Kain.with his ail this Lo itiv"ii.'- )e.hhotoddionest errant' lote, and d raw co ati C..y iiOns i.ligli prOieSSV,I t° tit 1 stated, that uponpmee reii, 441 :1 thy affidavit'. corps, called to iii ii"eki.::ll"theer '" a irtil the Judge submits the j-,'"--..40,„,f0r in ; ant, this,a proof of his coalingL orCi it i i•Y''is a disguise ', and contint y lc " But," it , 'he he . Fl `t !shortest errand • _ are ___ -41ttib, . • . ot her witnesses ,s house ti )1011,E, it. Lord cochratte iP e l, tb. rl3„-,i, • • nt to news, deco -ettiii ri- -.-- °I " e zoned the false ..• a scar rittt„i Y. titer having Ina_ )a aot , eres eo ii.i, . tate -1,,,t' ‘vitti a star, a inecialln , are tu s .o, f 015.4 _ Nei t() : t. : In this short sentence ~witness w h o . re . 11- i fur there. was only I one to my house in a 1 4 4, 4 sek i .;„, ''' 'smel t Visitor con"11,---of the star or me iltifi`` Coat, a n d nut i Ql L 'e ► W l o l l •' (. l l lenborough submit_ to t'it'll• ‘1 7 1.1v did not _ort J . tobanle that De Be ten le Jury, ,•vhether it was.p• - erem by any pre Itr caitie the re , and hi tha.tmly dress, he not sraiyie, tliat i'',.l.l'4ll,•;eiiient of mine ? W whetbe coo.. enonire, tai fie `, 'Vas for the Jury t 0... or. 1 • 01. ; his own 0_,,. cute.letliti`tl'e,as lily instrtnnen!' down the gaie a . . tal iti - ' 'Having hunted ,, the prosecut or s a t 143 t iiiik‘4this cinet Justice, his skin. And it iser Vel'illie‘l'ed wliat becalli"l tlefeadant liereu i g it • ktri„_eaterial fu et, that s tare firane's'" Wby which tk i r e P, it nself at Lord cue ~,,,,. facts . k "lal? -1; : ,it i s one of those t anxious . gitilt,, ecausc ~... been mos never ' ‘o ,(111-- laiiin , would' hal ve la. ~,,,,jai fact ... %111(1 i et4 l i and since this " `I.,1 -t not voltra . i . dY i tt4 t11,,, 14 , ve peen known it I liaL . t . 1 as furnish t tit ik 1 . it • • chiefly hop 01.-,- . innocence ; , 1.; 5tr„,,,,,,,' 't is - riti.t of my IP ; the ' li e -: Presunipti% ep• - :oat-there, ant . tVie tIIPPed his scarlet, 40111("1" did not excite 1 iiiiiiti_ , . . ~(len. green - or , L I El -4-4141 eo ie of its not 0 Did not .. be _ Ariaii,, earahe's suspicion. was no evidene . e . fiat 11,2'14 know that 'e tiler_ .:. . oft iris toarieti` J ory .4 De Beret:gel ,s pullingit it had bee,.. tltAr 1111`1,-) 4 , y 'hothe ? 1q , e1 , 1 , -. t uniform, lib ti t i Idr to- honse ." -h ". . of th e J ell 1,, It. thtered illY • , which \tithe,. "AY' r elieve he did Jim,. d• at my It, 'be oti • saw liini pun it " . 'e N I,le trial I, o f •h e :witnesses pray ..in N tit '-t ti,,,4e, • rt•...d,c. • . .s ditfei.e,it from lit ' i t in . 1 1 4 ' ‘t•'elit away in " (11 es lne,..__That he I)4lfed 55,01c1i h e - entered ?—Not ' presence, there i " tl auy cunt at a ll in layßit And was it ~' 'ttlii4,,it . but my Affidavit- b ene fi t of hi, ti.. I, . y _lion the ~ oil_ ) t:ia rove the proseen Berengei s P ~I. iii... e"ee to . tact of De n ti l t ac . . till deprive me "•.' II d to 1 e 4(l, °4l iii rite house, an • t o the co l 'ant. as sa y : iiiir ` t 4e ot the like e vi den ce ~ „et!. on to r ot i t 1. 1 44 • Lord calennorougu b :innit, tel ti . titeS Iv" stiet, as ought to Cochrane;have ' for 11,,,,' "tette(' f i „„ d Lord supposed to di i • Cu tt4.l tle stisines•- '- „ e be coat ' , Av e al a man in NliC:i a filsgui' ti, 1 holiest - .- )If the colour of the star , -ripen , i , , . Pin I' ° 'e • aril he think iiii t i iiie i.4iv4iion, what - discovering ' th"%e, . 141 ? It bccanie him, "ilml! tu to coma Ili,. " 3 an 0 . • i a Gentleina", es. Did Il i' -in, hi, ince' and . 41 ,.e 1( t ii StIVICIOIIS of liiese circumstanc es. d been in ti's (It. •Ue ileretig r where he had } whether ' 4 1)111 t: .4 . ,'' it Wil3 for the JnrY to . sa l l ' a d been." 11ii tiothratie d:1110i knOw where i ire e iv attentive, 11'414 ttit Jury, 61,, been suilie-en--/ box, and tltsirt,f t'le/ ""t have started up. in :•,/hin'tites, and Poitit tiitie•Juilge to refer to his '' b--1 evidence, ti • het e ' idt bt lit. , . it INI . bean give tt n the `star and etli i i iti ienger was seen to wei-- • v .have ou•ti tagp,e,l!iy pre, ~,, ? This, perhaps,' in ire, whe tiler 1 , di rnio, Eitid hav e led him mitt" el- ' II . - . I been, E'ut to as ant know where De Berenger i . 'le was no,l'aere he himself was whethergoiag,a,l,3,L,:lhis," tontilluestotrarelliug out of the record= dress of B hat h 1, lel'eatned4titige '' was tint the • me leforeTuuter) hut of a: Al'otintebauk• He Faos- ttiii,e of p hi s euebrilue fully blazoned in the qlotild av"is,,ti'll'!. And such ; a alasl•"Ldittv to the bi,,,ht;_-•-e'ted Lord Cochrane, from his h e criild a;e4t":2l,trvice, to ehilhire into, a,ll . errand , (4f -be 13 •- - tt ' t° ex ironiptiY 'tilt .t eteliger , ``;'x }post 1 did the Judge omit •ii remind 1 . De t_ tle ,j,,,,,, ~ y , :sir, ...yhone ‘ebeit ' •t ( .was ii old eren,„ .0.. J. ' l' „. 1 - re liihitted at ' 11%ed---tht De Bercnn- be_ hir e , nay hous e , for near:3, _ two hours , 1- 1),,14: 'etttrot;(l--that he bud wjth biro a illo " 11,11 a.ti big enotivh t su wri p) a coat in . '()iji t l iitt he tiut sari that it Pwa;ifor the Jury to I.littel'i'tl. e,p l'hethei: it was at pll likely that De, qess (;):1' 511°41(1 have travelled to Dover in t':e: or ' a Nlotinteb‘atik, bedecked with stars and } Paent- ) D. litve gong ' • 1(1 nut the Judge know that: he must ti,a,p, to Dover in another dress ? The port- li,,' eo.could , ' e h. CI • • • out be for the, purpose of clean ttp„vr Clean linen wonld not 11,,,,e tarOured the• tli,T _ii a nce of a sudden arrival front abroad. Why tf,ltilt.",..t Lord Pi] . --neiloorot,rh submit to the Ju rY' i o 1 the ritaio e,_lio_rtna.nteau which serv e d to convey othlve !nt.al dress .to Dover, would also serve to 1 44 1 , / 11's Pkain dress back ? 41.11 d, instead of as- b lig thatl,z,,,,_ the imPoitor appeared befo re me fully iiie a i t . t 1 In til ' 1 e costu9 e of his crime, why did not trot ~•Ltigt submit to the Jory, 'whether he had Ili_ t"!ineas and stithei snt • lilt'''. I ca bra his i b e ‘ °Pliort unity of c • :. ss before I saw liiin ? ''' Why. did he I,‘'4'°• tninoti 1 • ititii.,_,, , c,,,.. the circumstance respecting my 11,1,-, `'.(,s illhess, which was in evidence, and Nihi e 1 4 1 1 . 1 he not ask whether it was not ki h rp 'dt 1 Illigin il'ive been, deceived ? Had he , . -„ c " :or ito •• . ' ' -treh , t Lininclitig the Jury, that De Das her admitting him to Lave been Du Bourg, liCes ; e st, trr, )rict "igv U' 4 01 ;;?, 1, c s . Y `~ ; s et~ ;I. k rC i ti le ; ti,rl ctid 'CertainiY talie the best . anti easiest Means -- to get out of the way, by 'applying to go o❑ board of my ship, where he had also a prospect of hi-' tare ad.•antage ? Was there any thing so %trange in my payinng► Money to Mr. .I.3ntt, with whom 1 had .constant pecuniziry transact ions ? The Judge, in his charge, made ine answerable for 314.1111m' application of his own Money., and for the pos session of notes by De Berenger which were ek changed for notes that had before ceased' to be mine. He asserted, that my duty to the publiC to have made me expose the fraud as soon as possible, as if it, loci been in evidence that I dsd not ; when the fact was,- that the knowledge Of the imposition inning been practised by a per son coming to my house, never reached me on board my ship till the 9th March, and I instantly applied for leave of absence, which I obtained, even before I heard from LOrd Melville upon the subject. I did think, that as the witnesses who could 'mate rially have Contributed to prove my innocence 'of the charge had not been examined, and as 1 could chew that their not being examined Originated - in error, and that such error was not my own, that-I had a, just claiM to a new trial. • 1 thought, too, that the circumstance of my defence hiving been conducted jointly with that of another person, con trary top)? express injunction ; and of the Counsel for that person having been, compelled to enter upon the defence when e4,l:austed and unequal to the task of doing justice to his clients, and -of my Council not having had an opportunity, of speaking in my behalf, were additional . reasons for a revision of my case. It is notorious that I made two applications for a new trial, and • that both were reinsed.—{klere his Lordship stated the grounds on which he rested these ap 7 plications and the causes assigned for their being refused.)—Something has beer; said, Sir, in this House, as I - have read, about an application for a mitigation of my sentence, in a certain quarter, where, it is observed, that- mercy never tailed to flow. No, Sir, I will -seek for, and -1 look for, pardon no where ; for I have committed no crime. I have sought for, 1 still seek for, and I confi tlently expect, justice, at the hands of my en fightended and virtuous Constituents.". His Lordship having concluded his defence, the SPEAKER intimated to him that it would by proper he should retire, and submitted to the •House that it would be necessary for some Member to move thar*Lord Cochrane be recommitted to the cats- . tody from which Ite, had been taken. -- Lord CASTLEREAG H then m ove d, th a t t h e Speaker should'isstie his warrant to recommit the Noble Lord to-the custody Of the Marshal of- the- King's Bench, which' having been clone, his Lordship retired, Lord CASTLEREAGH rose. He stated that only one feeling had prevailed throughout the Hou'se during the speech of the Noble Lord, and that was an anxious desire of patiently hearing every sentiment which he had expressed, and every statement statement which he might give. It conic( not be concealed, however - , [tow much of his Lordship's address had been 'directed, not to his own de fence, but to cast imputations on other and most respectable quarters.--L.(tiear, hear !) It was trite that there was no authority in the land, whatever its elevation might be, that was not amenable to answer for its . conduct ; but it was also evident, at the same time:, how much that laculty of iaculpating Superior Powers had been abused. He had thought it right not to interpose between the arguments of the Noble Lord and the imputations which he had cast on other indivi duals, because he was conscious chat Parkiameat Would separate them. But if those heavy charges should,he allowed to appear in public, he would think it a monstrous abuse of the indulgence which had been displayed towards the Noble Lord ; should it prove necessary, therefore, in future, to proceed in Courts of Law against par ties so offending, they woull not,`at least, have to urge in mitigation, that they had not received a fair warning of their danger. Mr. BROADHURST thougut that it was impossi ble for any liberal mind to witness the situation of the individual. who had just left the House, without sentiments of the deepest commiseration. He lamented with unfeigned sincerity the down fal of such. a character, and would not. voluntarily yield his aid, to sink him deeper into distress : but public grounds required a sacrifice of private 'feel ings. He should, however, in, his address abstain from all retnatks on the statements and sentiments of the Noble Lord, but, leaving him in possession of all the advantages which they afforded, would confine himself' to what his judgment dictated, and would leave it to the House to decide ac cording to its pleasure. He thought it his duty to, call the attention of the House to the mo tion he should make, 'with a view to the main tenance of its character and its honour. He should allude to Mr. Walsh's case, not that it was . entirely similar, but that it was sufficient to prove the right which the House exer cised over its own Members; for although in the debates on that question, it was contended, that - taking the opinion of the Judges, and other circumstances into consideration, the conviction. was done away; yet sufficient bad• been proved, to render Mr. Walsh unworthy of sitting in that House. in consuqueuee of this he had been ex pelled. Now, he submitted - to the House, whe ther sufficient had not been proved 'against two Metnbers, whether they had not been too much stigmatised . in Courts of Justice, not to have' be come unworthy of the scat which thy occupied in that House. • He was unwilling to wound per sonal feelings, by using the language of reproach . ; but there was no duty more sacred, than that of averting such a stain frool the popular branch of our Constitution. He did not conceive it neces sary to press the question much longer; - but rest. ins; it on its own ground and the Record 'before the House, which he was confident would act con sistently with its own respectability and honour, he would therefore move the following ReSolu tion " That it appeared to the House, that the. Right Honour able Sir Ti - mat Cochrane, commonly called Lord Cochrane, had been convicted on ad indictment of a conspiracy with a wicked and malignant intention of cheating and defrauding his Majesty's subjects of divers sums of money." Mr. BRowNE was of opinion, that this case was equiliy hard as peculiar. The Noble Lord, it ap peared to him, had been (I , .mied a fair opportu nity or b r i ng i ng hi s case before the Court : he ( \11..13) ‘vould not adopt as a precedent for the conduct, the rule of the Court be. low; But if he were anxiciiis as to the vote Lie give, before he had heard the Noble Lord's statement, thatAnxietv had been increas-: ct . in a tenfold degtee byw . hat hail transpired. The course which had been taken rendered it absolutely necessary, in his opinion, for the House to haVe' the whole of the case before theni The question was whether any matter had pre sented itselt which could shake the contidvnee entertained of the verdict. Now; tioni his know ledge of human nature, and from his own con ceptiOn of the education; habits ; mind ; and cha racter of the Noble Lad; lie thought it perfectly impossible that if he had been depressed by the sentence of guilt that hung upon him, he could have had the hardihood to face that House. It was utterly impossible that he could have made the appearance which he had done there that day, unless he were impressed with a consciousness of innocence. lie would be sorry to say a word which might be deemed a reflection on the admi nistration of justice. The ability and perfect in dependence with which the Noble Lord at the head of the Court in question administered the. duties Obis high and important station were in disputable, and the high respect which he perso nally entertained. for that Noble Lord would deter him from uttering a sentence that could be. Ml strued !tit° an insinuation respecting the charge or the verdict. But the Noble Lord %vho had jtist been before the House hail arraigoed that verdict, and in such a way as was sufficient to shake his confidence in the guilt of the Noble Lord. He should, therefore, propose as an amendment, "'That the statewent wade by Lord Cochrane be r.:ferred to a Select Committee, with rower to examine witnesses, and send for , papers, and th a t th e y re p o rt their opinion t o th e .ilouse. . On'the question being put, Tile ATTORNEY-GENERAL rose, and entered upon a definition of the difference between the present case and those on which the House had decided on former occasions. On these it had been prOposed that the House itself should send for papers.; but ,the fonndation of the present motion ,was totally difleeent ; as it rested on a supposition that the Noble Lord at the head of the Cuort below had exceeded the forms of jus tice, by referring to a rule which rendered a new trial irregular. Respecting the justice and wis don' of this rule he should not stop to argue; that it wits a rule long is the usage of the Court, had just been admitted. But be that as it may,. that rule did not•stand in the way of the Noble Lord ; fin. whatever he had-thought necessary to state to the Court had been heard to time fullest extent ; and it was 1116 unanimous opinion of the .3 (rages, that there was no occasi . ou for further proceed- ' ings. As to-the point , which went to impugn the character of the Court, it was perfectly unneces sary for him to set ahout.making a defence. But there had been two questions proposed, on which he desired to deliver a distinct opinion. Respects ing thu first question, concerning the Record, he would answer, in the most perfect and absolute mariner, that the Noble Lord (Ellenborongh) never saw the . indictthent, or any copy or abstract of it, except when it was handed up to him to make his observations on it ; and he would say, in honour of the profession, that there was no mats in Weitminster Hall who would suffer himself to be 'eniiiloyed, or even Approached, by a person who sthAllti dare to arraign the impartiality or integrity , of the tench. He would speak of this as a uuiversal proposition, which never had been nor ever would be broken. But even the verdict had been ar raigned, and he was sorry that this bold accusa- tion had not met with an earlier answer ; fin he could not sit and bear • such a charge as had been made that day on the tribunals of the country, without thinking it - his duty, if there were the least foundation for it, to declare, that the trial .by Jury ought instantly. to be abolished, - as a curse and scourge on the nation. After explain ing the form by which special juries were elected,. entirely independent of the judges—" Thank God (added the Learned Gentleman) so admirable is our institution of Trial 1) Jury, that not on any one occasion of my whole life have I had reason to know, or even to suspect, that a corrupt verdict has been given on any occasion." And he would ask, where could a jury be found More highly distinguished for ability; honour, and indepen dence, than twelve Merchants of the .City of Lon don ? What place could any man point to where . he could expect to find so much intelligence as amongst such a Jury; and who but must feelin dignant at such unfounded, infainous calumny as . had just been heard in that House against such individuals ? BRAND said; tlitt whatever might have been his opinion at a former period, he must con-' fess, that - what he had heard that night had irr (limed hint to entertain some doubts as to the pri 7 . vity of Noble Lord in the transaction for _which he hail been convicted. lie, no doubt, should have concurred in the sentiments of the J nry, if he had been one amongst them . ; but there were some points in the Noble Lord's ease which were most peculiar. He had stated, respecting the Bank notes in the. possession of Berenger, that it was only within these two or three days that he had been able to account for their coining into his hands, as he had discovered that that per son had received them from his own lvine-ruer chant ; and he has also added, that be is now en abled to account for all the other circumstances that appeared inexplicable at the . timeo( the trial ; and, therefore, unless some.mode or other were adopted . to give the case the most deliberate con sideration, be (Mr. Brand) thought the House would rest under a degree-of implication. He hoped,•therefore, that those grounds would cause very.wide distinetion,to be made in the .mind of the House between the Noble Lord and the other persons with whom he hail been unfortunately connected. - Mr. CHOKER rose to. say. a few wordS on.one particular point, which had called,forth the sur prise Of the House, as welt as some observations from .am Hon, Gentleman. The Noble Lord bad asked, whether the Lord Chief -Justice had. not been in communication.with the First Lord of the .Admiralty—whether he (lid not t yen wait upon that Nobleman; to advise hini to suspend him from his ship, in order to have him for prosecu tion, and that his Lordship had advised the pro secutors how to frame their case, according to, a, particular precedent ? litow . being in the coati- derive of the Noble Lord, as well as frOtt Nation he held, he must say, that to his cut belief, no Mich interview ever tool: place_; th. f siiCh Steps • hid ileeu that the resol tititt for SUsperding the Noble Lord horn his had been discuSed ot an open l3oai.d ; and the Noble Lord fit the'head that Boilid hail Stated. the factS to him Which he liad just declared, assuring !dui thai nu edininunickitioli whatever; either directly or indirectly, kid taken place be tween him and the Lori! Chief Justiee on the Sub ject lil question. The Noble Lord who had just been before the House; intik therefore 'fate been totally misinfornied" when be was itiditted td,snake the nssertiOn. .111r..BARHADI bad very conSiderahle titer the Noble Lord was not as innocent as any Gentleman present in that Moose. And in whet • situation did he now staed ? Degraded in his ranlidegraded in hit proftn3Sioo—and sentenced to imprisonment and disgrace !. Under all the eireilinstances . before him, he could not make his mind to vote for the motion. PoNsONEy declared, that. with respect tri the Noble Lord himself, he deserved much ere. dit for his nnoderation and candour ; but he could not ..but censure his ill-judged conduct in his Defence. ScimenperSons, however, seemed to think it an imputation on the - Judge that the Noble Lord, had, asked for a- new trial. Now this Was no imputation on any'Judge and nothirg' Was more conimon than such spplicat t idos in all the Cowls ofjustice with which he was acquainted. lie bad listened to many such applications, and never met with any .Tudge who supposed himself offended by them. He never knew'a person who carried his opinion of Judges so high as to sup pose them infallible ; and if the law bad so - consi dered them, it would not have provided the nu merous remedies that existed. •"The Noble Lord had stated; that the Lord. Chief Justice, in his Charge to the Jury, had said that Berengen: cane to his Lordship's lioase in the costume of his tribe; and Loid Cochrane had stated ten times over, that there was no such evidence. Now, if this statement of Lord Cochrane were a matter of fact ; if - it were title that the Lord Chief Jus tice did ,make such a mistake in' his charge, and which must have tended in a material way to•in fluence the Jury in their verdict,. it was sufficient to remier a new trial necessary ; and for the re • filial of which, under all the circumstances, he was unable to find any point of law, of reason, or of justice. But let us look at the effect of the rule which prevented - this new trial. If we sup pose six persons to be tried for a conspiracy, ti ••e of whom are guilty, and one innocent, when the innocent man apples for a new trial, the Court refuses it : 'upon' what grounds ? - That he cannot get the other persons found guilty to join him. For his own part, he did • not know where a pre cedent for this rule was to he' found ; but he be. lieved it was very lately introduced in:o the Eaglish system of jurisprudence; At all events it was pot .justice to punish one man for the crimes oti an other, and he was unable to discover on what grounds .snch a rule could be supported.---s Lord Cochrane had also stated another matter, Which) appeared to be very. material %: this was respecting the notes, which, it appeared, he could prove had got into De Berenger's hands without his privity. If this were so, he could certainly not vote for his expulsion, because this. fact alone wOuld - Make a very material aiteratien in the case. The Hon, Gentleman proceeded hi • contend, that, by the sentence of expulsioc, the House was called on to superadd au additional punishment on the Noble. Lord ; and for this.ex pulsion, after what had appeared, he could not posiibly give his vote. He hoped the House .would at least pause, if it were merely to adjoura the debate, to - give time for mature deliberation. Lord CASTLEREAGH said, he really had a sort of mistrust of his own judgment on. this occasion but he must think highly of the character of-Par liament for 'justice ; and Gentlemen should en deavour to make up their minds what the func tions of Parliament were, and not deal in this par ticular case in any other mariner than that which Would carry them their whole Parliamentry ca reer. The House ought to consider the motion of this night as one which was to lead to the ex pulsion and the infliction of a Parliamentary pu nishment on the NOble Lord. • Nobody entertain ed a deeper impression than himself on this sub ject ; but if be thought that Parliament had cte parted from its duty by not giving the NobleMern. her art ()ppm:olll4y of purging himself of the charge, add of 'proving his innocence, were it in their pity& so tolls), he should be the last man to vote in - favour of the motion. But unless Parliament .were.prepared to open their doors to an extent ,unprecedented, they ought well to weigh the question before them.. In his Niew of the casee... the expulsion did not add any thing to the ignomi ny of the individual, or extend that sentence which the law had passed upon 'din. He had always understood that the merit of such a cast: could not be properly investigated in Parliament ; anti that, as Parliament were incompetent to .review the sentence, they had only to decide that the in. dividual was not a fit person to remain amongst 'They s h ou ld the consider Councillorso was t Country the . n ti l ( o l s e t rs co ii l i e scsitt be exposedhamp of c.el. t site ll s e hatredin t cis ot. ofp Persons r i s( )Countrys ti or whether Parliament should expose itself hyet de cision, not merely of its own degradation; .hut •: that e whatever host;.was most exalted, ohost;. r a ' i ( l l ( i l ng most valuable,i n the i ns ti tut i ons o e sl)c ' ot e : i f - tedeg (l' country. la As to sending the subject to a . Committee above stairs, was the Hon. Gentle man prepared t o l et suc h a C omm i ttee sit in se crecy to hear evidence, and then for Parliament to have again to judge of the case iii blind igno. ranee of the particulars ? What criminal annoogst them, however rare the cases might be, but would thenceforward, when convicted, desire 'the House to judge ,him over again ? He trusted that Par. liarnent would not adopt this principle, unless they thought that, with respect to their own Members, they can retry all 'the cases that may happen. He did not think that Parliament were the tribunal to impeach the judgment .of th Courts below. The only question on which Par liament ever proceeded was not a question of • punishment, because it could not try ; the only question that Parliament could consider was, whether a pelsowlabouring under such a sentence