The National Register.
London, England, 1820-07-17 00:00:00

THE NATIONAL REGISTER

Had the Bill been framed to relieve persons who originally
meant to act honestly, but bad mistaken the marriage ceremony,
he should not have opposed it, but the Bill before the House
would do incalculable mischief. No man who had a heart could
avoid feeling for those cases which had been stated; hut they
were to see what this Bill did. It had a retrospective effect, and
would effect rights acquired since 175 t. It would go to establish
marriages in cases where licenses had been obtained by fraud,
and for which persons had stood in the pillory. As to marriage
by beans, he was disposed to say, that all marriages celebrated by
banns, however irregular, ought to be gaol marriages. The Act
of the 23d of Geo. 3d, made such marriages good-, but the Bill
before the House would make them bad, by giving guardians
the power within a few years to set them aside.
The Earl of WESTMORLANI) said, it was due to the Noble
Lord who advocated the Bill, to let it go to a second reading.
In a Committee they might make many ultermions, and by
sibility afford a remedy for the melancholy state of society with
reference to marriage,.
The Earl of LIMERICK supported the Bill, and the House
then dividel on the second reading—

Contents 32
Nut Content

Al aim* —6
The Lotd Chancellor was consequently left in the Minority,
and the Bill was committed for Monday.—Adjourned.
FRIDAY, JULY Is.
Lord HOLLAND presented a Petition from the Pro-
testant Dissenters,against the operation of the Test Aet,
and praying to be relieved from dimbilities imposed by
the same. The Petition was laid on the Table,
THE QUEEN.
PriEektigses.—The Earl of SHA I."I•ESBURY previa-
etli the Report of the Committee appointed to examiae
Precedents fir furnishing Lists of Witnesses to persons
accused in Bids of Attainder, Pains and Penalties, and
Impeachment.
'llse Report contained but two cases. The first was that
of Sir JOllll Bennett, in which, upon Petition, copies of
the charges against him, and a list of witnesses, were
graiitell'—The second was the case of Lord Stratford, in
which a similar request was eomplied with.
The Report was read and laid on the table.
Lord ER7+tilNE rose, on the Order ot the Day, to
move the Queen lie furnished with a list ot the witnesses,
to be heard in support of the Bill of Pains and Penalties.
Flit Noble Lord commenced a most eloquent speeds, by
observing, that the question was one of the greatest im-
portance. unless their Lordships coosented to deliver
to her Majesty a list of the witnesses against her, the pro-
ceedings would be delayed. They would he compelled
to adjourn de die in diens, to afford the lltrceti a fair op-
portunity of meeting the testimony against her. Where
was the Queen to collect the nature and beach g of the
evidence ? The Bill was in the nature of a ermdual in-
dictment, yet it contained no charge that could be clearly
understood. There was no charge °lmbiber,- on a given
day, or at a given place, bat it was said to be committed
during time course of six years she was absent from this
emintry. flow could her Majesty prepare for her de•
fence upon such charges without more information ? It
was impossible to do joistiee in this case without the House
enabled the accused to prepare for her defence. What
lie recommended was to enable the accused to answer
this Bill. If he did not make out the ease that her Ma-
jesty was entitled to all the documents required, he
would withdraw his motion. Lord Erskine contended
that, if indicted for high treason, the Illustrious Person
svmild be enticed to a copy of the indictment. The t, teen
was entitled to a list of witnesses, not only that she might
contradict them, but that they lingua be made to contr.t.
diet themselves. He did not know why the list of wit-
nesses should be withheld in all cases except high treason.
Ile knew that the practice had been the All bject of much
grumbliog. The Ministers were the authors of the Bill,
and every thing like the appearance of injustice would
create abhorrence. The effect of withholding a list of
witnesses would be to compel the Qaeen to call for delay.
The Noble Lords might say this was out a proceeding
which inflicted the penalty of death, but what was the
pain of death after they degraded the illustrious person
front all the hotionrs of her Royal House ; from all the
honours she 11411 acquired in this country, life was of 110
value after such degradation. They ,ought then to be
careful how in such a case they violated the principles of
justice. The Noble Lord concluded by moving, that a
list of witnesses to be examined in support of the Pains
and Penalties Bill be sent to her Majesty's legal advisers,
to enable the Queen to defend

The LORD CHANCELLOIt opposed the motion. lie
was hound by a sense of duty to object to it. 1' he Minn
principles of justice tbe applied to high and low. In
the administration of justice all were equal. Ile felt it
necessary to state, that no man could (twilit that a list of
witnesses delivered to a person before accusation, gave all
unfair advantage to persons appointed to cross examine
witnesses. The wisdom of ages had not adopted the pro-
ceeding recommended. Viva rocs examination was only
to he relied ou ; 11111:1 if so, what would heroine of
jus-
tire it' lists of witnesses were to be given. The ends of
justice requited they should not du thoit which was con-
tuary to law and reason. How could they make nil 1.%.
cep ion in favour of the Illustrious individual, wham
would impugn all the established rules of es 'deuce ?•
Udder all the cirettinstatives the question was, whether
they could sacrifice the general principle of Parliament-
ary Administration, by saying they could not be governed
by the ordinary principles of justice. The Noble and
Learned Lord gave Ilk 11PgaliVe to the motion.
The Marquis of LANSDOWN, feeling the importance
of the debate, declared, in justice to her Nlajesty and
the accusing party, there could be no just oppo•ittou to
the motion made by his Noble Friend. Upoit the prece-
dents stated that day to the House, they were under the
necessity of acceding to the motion. lie tsuuld defy the
House to prove a precedent for the manlier in which an
lifastrions person I.IIOIIIA be treated hi this ease. They
had departed from precedent, yet they were called uti
by those who hail recommended the des iation, to be
guided by the land monks they had disregarded.—
His Noble and Learned Friend had called upon theta to
consider what wont,' most contli hole to lite ends of jlts.
fide. I Hel I I t. 1100011 g to prevent the Honer Irons
acceding to the course recunimesided that day. Os; the
coot ory, he was Coll 1, illet (I I hat a terns:ll of the entails
went,' lead as in ercuption of the rolut.,e of jitsttee.
'rue Earl of LiVELPOOL op p.,seti lie mei
Lord SUPPOIIe,I LI, and after 'ultra iteriate it was
negat vett.— djim net'.

HOUSE OF COMMON :•.
,VINtII%, 10.
4.% r I' T. • Sir 1:. 111,t19). lie, ts !e .te.o4
tiled !It ‘% ::..::net, renot trti gt m >1.3 1 u other

227

persons had ;iteiend;redth;ino.lves,but t•u they were
persons eha hal no will of Coo own, he should moire that
the Order for their attendance be discharged. Respecting
Sir W. Mainter4, lie should make no &notion.

The order with respect to the other two witnesses was
discharged.

•
Mr. C. VI, YN NI moved, that Sir W. Manners, having ab.
seonded to avoid being examined before t lie Or 'wham Elec-
tion Committee, be sent to Newgine for such offence.
Sir J. GRAHAM observed, that Sir W. .Manners had
left town before any order was i,sued ; and he therefore
moved, as an amendment, that the Order be discharged.
Or. Pll ILLIMOR E remarked, that Jervoise had been
sent to NeAgate nailer preceiely ansular rirrunwances, sod
yet nothing was to lie dirle again 4 Slr W. 111iiimen..--
(Hear.)
After several remarks from Mr. Tensrin, &r.
The SPEAKER observed, th it if their orders were to be
cisobey ed, what would become of their authority.
A moaufment negatived.
Mr. W ROT rEsLEY said, there was no evidence of Sir
W. Manners having ab,conded.
Sir J. M'INTOSH reminded the House, th it it had been
resolved, aftcr evidence, that Sir W. Manners had
itboainded.

Original Motion carried. •
Mr. BLS N moved fora return of the numher if
soldiers m %sere Slow receiving pensions tin account of

Mr. ItICI RDO tn,ved fur returns of the quantities
of 1V illel imported, distingutsnin; those from Ftance.—,
Ordered.

- . .
Mr. CANNING moved, that the East India Volunteer
Bill Ripon he received.
Report brouAlit up and agreed to, and the Bill ordered to
he re.ol a third time to- 1111 l mitt.

Mr O.\ LI" moved, lii Mr. D'Esterre, the Iteeorder of
Limerick, w tio had wen co:omitted to Ne.vgate tor preva-
rication on oath, he brouAlit to the Bar, in order a his being
discharged.
Sir J. WIN Tail) thouzlit, after such prevarication on
oath, Mr. IJ'Et.terrc unGht slot to lie allowed to hod Its
judieial lace of It:corder, or to continue his
(Hear I)
Mr. k%VSON, who had been on the election committee
eXpre,sed a similar 1111 •
Mr. DAJ,y Ritid, the °dicer was annually elected, and
that the Election mut li,.ve the approbation of tlst Lard
Lieutenant.

Sit J. MISTOSII said, they ou;ht to have some assu-
rance that the dismission s °nisi take place.
Mr. C. GRANT sled no doubt toot the wish of the flume
would be attended to. If previous oatice could not he taken,
the re-election would be in September neat t and then doubt-
le•s the wi h n Inch had beets expres,ed would 114VC its due
eller t •

Motion agreed to, and Heury D'Esterre was placed at the
B ,r.

- The SPEAKER, in reprimanding the prisoner, observed,
hat he had oat to address an iinlividual half ignoram, half
(located-o,w who had an int iserfect notion of :Lll 0:011 ; he
had not to address one who moved no the hoover ranks of life;
but he was an individual who move) in a superior station,
and was himself clothed with a judicial character. To an
individual u circurmtanced, he would not pursue the cosh-
. nary course of reprimand ; but would leave him to those
reit 'etions which doubtless arose in his own mind, and
world conclude with stating, that be was 'ordered to be dis.
charged out of custody on payment of his fees.
The Speak A speech was ordered to be printed.
ALIEN' BILL—Lord CAS I'LL:REM:iII moved, thst
the hunts.• resolve itself into a C tttttt noire on the Aliens' Bill.
Sir J. Al'IN 1.0111 moved, Ih it it be an instruction to the
Committee to introduce three clauses :—First, to provide
that Aliens, before beim:, compelled to I-ave the country,
should be furnished with an uccouut of the charges against
them, and have time to rebut it by witnesses, before the
Privy Council. —Secondly, to exempt all Aliens who had
been its this country before January I Kl 4, from the opsout•
of this A. t; and thirdly, to exempt limn the provisions of
this Bill, witnesses who might he trouglit to this coantry,
whether for sir ;against the Quern.
Lord CASTLEREAGH opposed all . the clauses. It
would be better, he urged, to st ithlvdd the Bill altogether,
than to hamper it with such exemptions. The two first
clauses had before been proposed, and bud before been ne.
gatived ; and as to the third proposition, it was a reflection
011 the Minister., in which he thou4lit the !louse would not
join. They could not be lisrpetted of contemplating any
proccediog so violent as to reject wilsiesses introduced in
behalf to the Osteett..

After an riiteinled daictisslon, in which Mr. I)einan,
&c. took pait, the several clauses were negatived without a

The Orders of the Day were disposed of, and the Douse
adjourned.

TUESDAY, JULY 11.

GRANTHAM ELECTION. Colonel 'O1)GIIOUSIi pre.
sewed a Report from this Committee, i 4 hick d J., met
!highs, 1:1. to have foKeited his seat, he having been guilty
of tieatieg.
A net% it sit was ord,•ted for Grantham- in the room of the
%Mlle Jant-s thighs, lisq.

Col. 019:11011SV. th,ti present,cl a Special It..port,
declariog ilia: a practice had long ploy:411ml at Grantham,
Of giving. to out-votersi snots of money, under colour of in.
demoity for loss of time and expenses, which was highly
divot, subversive of the frurdolit of election, and ti riding
to produce the most dun:crime corruption. 'rite Itcpoit
to to dechred that James !limits Was incapacitated to serve
in the present Parliainetit.—Report ordered to lie uu the
table.

BREAM or PtuciLEGE.—Nir. MARTIN (of (ialway)
complained of having 11:;:gin been misrepresented in a NI go g.-
ing Paper, " Herald." and Ib.alr too, After he had
•pulveti to the individual %%lc, hvd previnmly nii,repi est Inca
hi in. lie irmiclugled with ma% in that Mr. ligge.mg and
Mr. Gla,vingtoig, tne printer a publislict, be called in the
Bar thi Friday nest.— (lettered.
Mr. BENNET!' mg seined a Petivign from a poison
named Join' Drake. I:ie master or e oavict Ve1,1.1, complain.
lulu of having been sent home by the Gntrrr or, eimet
CIIIIVitIs 111 he tired upon to
suppress udisturlianee.

11.urd CAsTLEILLA ►tated, that he shht:l:l not uppolo
the receipt of tliis I'. lel ion, tittme4ll it wa• falloursog, !mil
et. t. tire that !Lit: gt.sa.t hit .t 1 late, 111.1 th l'elottnimig the
!loam:. lunching Illjti(•.. th.it Here lit 'inject: 01 requit) iu
the Court‘.

l'etintm bs up, read, and mAtird la iie on the
table. _ _

• Ur. P1111.1.1A10/tE presented .1 l'etitinn fr-ns R. Are-
strung Jrt 'u w, pri•tt..rr itt NOM.: .R. rkeri*.n.ati.g tai
For tonivihJton sr? iLt;r

4:~

DILL OF PAINS AND PENALTIES.
As the public mind appears to be exclusively

occupied by it, we shall once more resume the sub-

jcct of the Queen, and having pointed out still
more particularly thae in our last the nature and
tendency of " the Bill of Divorce" proposed by
Ministers, we shall submit to the country at large
our opinion as to that line of conduct which ought
710 W to be pursued, and which, if it be not pur-
sued, the Queen may be made a sacrifice to the
convenience of Ministers and to the perjuries of
foreigners, who may lend themselves to the secret
enemies of the Queen. Although we have not the
least doubt that the charges against her Majesty are
charges at least as untbunded, as history declares
those against Anna Boleyn to have been.
The Bill of Divorce then, or, in other words, the
Bill of Pains and Penalties, whereby the Qoeen,
upon the passing thereof, is to forfeit her rank and
subsistence, as well as lose all her honours, is intro-
duced as a measure recommended by a Committee
nominated, in the House of Lords, by Ministers.
The consequence of this Bill, considered as a process
of a judicial kind, is, to deprive the defendant of
every possible advantage which, by any other mode
of trial, she would have had ; for had she been tried
by impeachment of the Commons, for high treason, or
prosecuted by his Majesty's Attorney-General, then
would she have had lists of the witnesses brought
against her, and full means of obtaining evidence as to
their conduct and character; whereas the present pro-
ceeding, which the amiable and sincere man who
was once her noble and learned advocate, pretends
to be all out of tenderness to the Queen, deprives
her Majesty of those advantages to which the lowest
subject of the realm would, in case of high treason,
be entitled, while that amiable man and his friends
in power all acknowledge that it is not their fault
that she is not tried for high treason, but in
consequence of a defect in the statute with regard
to the law in this case. In an open and con-
stitutional Court, before the Lords in their regular
capacity as judges : in such a Court, as also in
a common civil, or ecclesiastical Court, had the
matter been tried as a case of adultery between man
and wife, all those pleas, which are so powerful, of
destitution and extreme provocation, might have
been alleged in behalf of the defendant, which the
Sender mercies of these kind-hearted gentlemen
now exclude—these tender-hearted creatures, who
could prejudge a woman and a stranger, being ut
once a wife and widow—these good Christians, who
learn from their Bible that true religion, and unde-
filed before God, is to visit the widow and the
fatherless in affiiction—who could prejudge the cause
of the fatherless and the widow by striking her out
of the Liturgy, where, if she were really a sinner,
her name would with so much the more propriety
have been uttered in the prayer to the throne of
mercy—who could then bring out of a jury chamber,
selected by themselves, charges against this same
person, without one of those means of judging, from
peisdnal examination and perception of those inter-
nal evidences arising from the voice and mariner of
evidence on the part of the prosecution—these men,
against whom we raise a voice which, we trust, will
be echoed through the nation and the whole civilized
world, shaking the throne of that Monarch abroad,
if such a base wretch there be, who would pander
to the destruction of a kinswoman and female, to re-
pay the debt ofgratitude he titres to Britain ! These
men, we say, have made the attempt to crush this
Stranger by weight of political power; they have
tried the House of Comaions, as well as the Lords,
if they would institute also a Green Bag Committee
to prejudge the question there, as they have suc-
ceeded elsewhere ; and though the Green Bag in
the Commons has been rejected with contempt, yct
the attempt remains to posterity to prove the inten-
tion ; and with what face the House of Commons
can fur a to:ire:tot entertain the Bill of Divorce,