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IMPISRIAL PARLIAMENT.

HOUSE OF LORDS, TUESCAY, Jung 27.

PAPERS.

Mr. Rubins, from the C-9;totai- Thautme, permuted an strand
of all experts to ladle in the last six years.
Mr. Finlaytion, from the Admiralty, presenleil asietionents
containing a statement of the number of lime-of-bsttle ships
sad large frigates it fur sea, building, and under repair.
Sir Nicholas Coltherst, Mr. S. Wortley, and tuber Mem-
bers of the House of Commons, brought up the Cork Har-
bour Bill, and several Private Bills, which were read a Ant
time.

The Earl of Domouonvoir par notice, that he would
move the peened reading of the Tenement, Samivery Ball
(Ireland) 10-morrow.

THE QUEEN.

Earl GREY moved, that the Order of the Day
be read, which being read, the Noble Earl said
that he was extremely desirous to relieve their Lord-
ships from the pain of an unnecessary and distress-
ing discussion—he should with that view ask the
Noble Earl whether any thing had, since their last
meeting, occurred, to prevent the meeting of the
Secret Committee appointed for to-morrow ?

The Earl of Liiitteout. said he had uo diffi-
molly in answering the Noble Earl', question. He
had conceived it a matter of respectful attention
both to the House and to the illustrious individual
whose case was more immediately before them, to
propose yesterday, after the arguments of Counsel
at the bar, that in hours should intervene before
they would determine the propriety of acceding to
her Petition. Ile hail no difficulty in saying, that
after the fullest consideration of all the subject,
after examining the proceedings now instituted
in every possible view, the course originally pro-
posed was the most fitting that could be adopted,
with reference not only to the intetest of the illus.
trious individual concerned, but to the demands of
justice. As long as any hopes rsonaiord that this
investigation could he avoided, it was his desire that
the Committee should not meet ; but when those
hopes were disappointed, he felt it necessary to .rd.
here to the original course of proceeding. IVhers
this question Caine properly before the. House, he
should then state his reasons for entertaining this
opinion.
Earl GREY then rose and said, under the pain-
ful' necessity that resulted from the answer which
the Noble Earl had just given to his question, lie
felt himself bound to submit a time to the
House, fur the purpose of relieving their Lordships
from the embarrassments iii which they were in-
volved from the course of proceeding hitherto
pursued. He ought perhaps to apologise to the
House for presuming to set up his opinion in con-
tradiation to their Lordships' vote, cud fur suggest-
ing to them the propriety of reversing their solemn
derision. It may indeed seem to savour of no slight
degree of presumption were he to conceive that un-
der such circumstances he could think of persists&
ing them to adopt any other proceeding than that
which they had already sanctioned, mid *hick in his
mind would be more consistent with propriety and
the dignity of their own character. He entertained
no such presumptuous notions, and however strong
his feeling* may be of the impropriety and its-
justice of the original course of inutile/ling, yet,
after it had received their Lordships' deliberate
sanction, he should propose nu alteration in
that proceeding. if his proposition were not jus-
tified by on alteration in the circumstances of
the. whole case us it stood at present, from what
they appeared %hen their Lordships same to that
decision. When first this subject wits submitted
to the House, when it was proposed to refer the
contents of the green bag to a Secret Committee, va-
rious objections were urged to such a mode of pro-
ceeding, but chiefly upon the grounds of injus-
tice to the party peewee', and that no puce.
dent existed to warrant such a mode of conduct.—
The Noble Earl (Lord Liverpool) admitted that

setts-
.. . .
tied was most analogous to the general proceedings
of Parliament. It was admitted, however, that
there was no absolute precedent for the present
proceedings. He (Lord Grey) not being learned
in the law of precedent, 1%41 not aware that any
precedent emoted ; but if any could be found—if
one or too could be brought from doubtful distant
times in support of the proposition, hr Armlet re.
quest their Lordships to reject them, rather that)
commit themselves with ouch uncertain guides in
the intricacies of a proceeding subversive of the
principle, of *goal justice. The House were going
to examine a care which directly affected the charge.
ter and honour (tithe Queen, it) which, however, her
Majesty was um to he ischnittid as a party—
enabled to oruns-esinitie such aviteiesews as may be
brought to support the charges, or to adduce such
testimony as she might think encevatery for repel-
ling them. From so partial an inquiry a Report
was to be framed, determining whether any further
proceedings ought to be instituted. Her Majesty
must of necessity he placed in a situation of coo-
siderable disedvanrage if she be compelled to
labour under the weight of an unfavourable Hellion
of the Committee. Such would be the aspect of
the case as it affected her Majesty, but it would well
become their Lordships to reflect how such• mode
of proceeding must affect the character of the
House, emanating from the exercise of their judicial
functions.—(Heue.)—The charge preferred against
the Queen was of a nature that if she were guilty
of it, she must he held utterly unworthy of her high
rank, her dignity, her life wire at stake, nay more
than life, her honour at her character. Upon
this grave charge their Lordships might be 1101111•
mooed to give judgment, and lie asked them ear.
neatly whether it would be right that they should
proceed in such ■ matter with the bias which they
must receive from the Report of the Committee, or
if their own minds were free front such improper in-
fluence, whether they ',mold suffer reeve the sus•
pieion of a bias, and endanger their character
by such sit impression 'you public opinion ?
It had indeed been said, mid upon high legal au-
thority in th‘t House, that this matter could not
be made the subject of judicial procedure before
their Lordship.. But however ,highly he may
esteem the legal knowledge or the Noble Lord ou
the Woolsack, he ehoold not, as a Peer of Pauli'.
maul, standing in his place in that House, surreo.
der his judgment to the Learned Lord's opinion.—
He should not enter into the legal argument with
the Noble and Learned Lord. " God knower,"
said the Noble Earl, " there is enough to exercise
our judgments without entering into that ques-
tion." But he had collected legal opinions upon
this point, to which he was bound also to pay
great respect, and indeed he could not think
that, if the " violation of the Queen's person,"
as mentioned in the Act of Edward the Thi,d,
implied a consent upon the part of the Queen, as
the best writers upon the subject contended, end if
the act, when committed in England, be high trea-
son—he could not think that the subtle dielinc.
lion drawn from the circumstance of the crime's
having been committed with a foreigner in a
foreign country, would protect the Queen from
the punishment that should follow so great an
offence. This point, however, was not neces-
sarily connected with his argument, for all
that he now wished to maintain was, that if the
crime were not absolutely high treason, it could
not be pretended that the House of Common', sit-
ting as the grand inquest of the nation, with powers
undefined by law for protecting the public inter.
eats, could not proceed against the Queen fur such
an offence as • crime committed against the head of
the state, and impeach her Majesty at the tribunal
of their Lordships' bar. %Vitt) all his respect for the
Learned Lord on the Woolsack, lie must say that this
respect must in the present instance be weakened,
when he saw his great mind occupied about quib-
bles of law, and unable to perceive the means
which belonged to Parliament to punish so great
an oft-rime. This ought not to be considered
merely as to family dispute, as a cliarge made upon
the our hand, to be opposed by recrimination upon
the other—/Lord cries of Hear, hear, front the
UppoNitiots Benekesl--but must be treated as a
great offence against the head of the state, and to
be prosecuted like any other offence against the
same authority. Let them then hear veto more of
threats, of recrimination. As well might Thistle.
wood justify his treason, by sheering that it was di.
reeled against an oppressor and a tyrant, as that •
perm) charged with such crimes us are now alleged
against the Queen, should defend herself by proving
misconduct in any other person.—(Hear, hear.)—
But, however the House of Commons might pro.
teed, their Lordships ought to guard carefully
against appearing to prejudge the cause which they
might be subsequently required to decide upon its
their judicial capacity. This point had, as hr un-
derstood, been warmly and strongly urged by
Isis Noble Friend near him (the Marquis of Lens.
down) on the first night; but circumstances had
altered materially since that period, and what was
then urged merely as theoretical and probable,
had since become positive and certain. The Noble
Earl then oberved upon the proceedings had in
this case in the other House of Parliament, and
remarked, that a spirit of opposition appeared in
that House to the measures of Ministers, which
they tumid it impossible to overcome. Doubts
arose there, pauses ensued, negociatimis were com-
menced, entjueirustientii took place, and when even
at length all hope of amicable adjustment failed, •
further postponement of the matter was resolved,
upon the express principle, as he was given to under-
stand, of waiting to learn their Lordship" proceed.
lugs, lie lied understood that it was there argued
by a certain Noble Lord (we presume Lord Castle-
reagh), emitieut for his knowledge of the Constitu•
lion, and for the peculiar clearness sod distinctness
with which he usually expressed himself upon any

"veil topic, that this adjournment should take oilst!
for the purpose of ascertaining whether the House
of Lords would neigiicate any judicial 0 meetlisir.
It was for that Noble Lord to chew how it would
he toresible for the Howie of Lords to orientate jail,-
vial proceedings before their own body—(hear)—but
such was the expectation ti•ron which tina *Arnim.
meet took place, aid if such an expectation were
diwippoisoral. that Moister of the Crow!, so II
House of Commons declared that to such on era. t
he would, of his own responribility, iiroitcte soh e
proceeding, which oas, indeed, the course that
ought to have been pursued in the firs; inersnee.—
I Hear, hear.)—Ulan the contingency ef their
Landslips declining to institute judicial proceed.
inv., that Noble Lord declared that he would atilt
forth as the Queen's public accuser. Did not this
intentions upon the part of a Member of the flnmie
of COrnmons spew the probability of their Lard.
ships being required to ezercire their judicial (*voice
Polio upon this subject-- ( ;fear, &ark-111111
prove how cautiously they ',mold slows, from all
preliminary investigation ?, The case di erect in
no respect, whether the Report of the Com-
mittee were in favour of, or prejudicial to. her
Majesty. If it advised that further ;mice's!.
imp, acre necessary, it would be prejudicial
to the Queen ; if the contrary, it would be
prejudicial to her accusers. In either case their
Lordships ought to keep their minds perfectly free
from all knowledge of the circumstance'sf the ease,
for by such means alone could they honestly and
conscientiously discharge th.ir judicial tunenons.
The altered circumstances of the ease alone ought
to demand from their Lordships to rescind • deci-
sion, which, if upheld, must be inconsistent with
the principles of justice, and prejudicial to the pub-
lic interests ; but if to these altered circumstances
were added the general suspicion entertained of
Secret Committees by the country at large, their
Lordships would see the necessity of revising their
opinion. Secret Committees were of late yews
too common. and their proceedings were of a
stamp so odious as to excite a general prejudice
against any case which might originate in such
a measure.—(Hear, hear. hear.)--lie should be
one of the last men in the House to advise
their Lordships to yield to factious clamour, but
he trusted it would not be considered a proof
of any disposition towards a base and unworthy
compliance, if he said, that although the perform.
mice of strict justice was their first duty, they
were likewise hound to administer that justice in a
mode lint calculated to excite a suspicion of their
motive.. or a jealousy or distrust in their judicial
proceedings.— (Hear, hear.)—The Queen of gag.
land had lately appeared before theta in a situatiou
'to which no other Qeeen of England had ever been
reduced—as a petitioner at their bar for justice.
Her Majesty entreated them that tbey might foot
her case in a train of immediate adjudication; but
that they should not institute a mode of proceed.
ing which must of necessity weigh hoary upon her,
by putting into circulation for some months a Re-
port, probably injurious to her character, not upon
the responsibility ()flier personal accusers, but with
all the influence that belonged to a Committee of
that House. He did not appear as the Queen's
advocate ; he knew nothing whatever of the merits
of the case. nothing of her guilt or innocence. He
stood there as a Member of Parliameut, argairig
upon a case which was not a party question—(Laid
cheers from both sides)—and contending (or the
pure and unsuspected administration of public jure
lice. Ile repeated. that he should never yield to
factious feelings, but he must look with respect to
the feelings manifested strongly by the public at
large, especially when he found those feelings ori-
ginated in the best and purest principles of our
nature. in compassion, in generosity of mind, in
hatred of oppression, io a love of justice. If these
feelings were strong now, their strength was likely
to be much increased in the present State of
the question. He would not say any thing of the
offence charged, but their Lordships were bound to
reflect that they stood there in the highest station
in the empire, that they boasted a long and gig.
rious line of ancestry. were endowed with wealth
and honours. and all those particulars which gener-
ally procured respect. and were calculated, lie
hoped, to maintain integrity; they ought, there.
fore, to be cautious how they brought those high
qualities in question, and endangered their cha-
racter in public opininn.—(Hear, hear, hear.)—
He trusted he should not be deemed guilty of :any
wish to say any thing offensive to their Lordship.,
but he must tell them in perfect candour, that
they did not stand high io public estimation as
entertaining any desire to oppose themselves its
any particular to the Ministers of the Crown.
In the House of C.:minims's an opposition was
raised to the proposed measures too polecats(
let be overcome, and there the proceedings are still
suspended; but when the same proposition was
submitted to their Lordships. they paused not, they
hesitated not, but instantly complied with the
Ministers' request. How will such an event appear
in the eye of the public ? Will it not be imme-
diately said, that the House of Commons have
some sealer of public justice, which obliged Minis-
ters to abandon their object ; but the seine propo-
sition being made to the House of Lords, their
Lordships were so entirely under the control of the
Ministers, that they were content to forget their
characters as judges, and to assume that of public
accusers?—(Load cries of Hear, hear, front the
Opposition beaebes.)—W ere their Lordships pre.
pared to meet the effects of this contrast, and to
encounter the suopicions lie had almost said the
execrations, of their fellow-subjects, the contempt
of posterity, and of all parts of the world *here a
knowledge of the present proceedings could ever
arrive ? And ell—for what ?—(Hear, hear )
What advantages or cotiveniencts were to he derived
from such a course of procedure ? He would al.
most consent to surrender all the points of coast..
national principle for which lie had been contend-
lag, if it could be 'hewn that any solid or eves
specious edvsotagi tould be derived from the pro.

posed mode of procre,Frg ; hut net"iing hat in-
snide owner could result from it. 110 couldl mit
prete-r1 to say how rove. Member, might art itpan
had lie been Om rut no it. he
111n/:III II (11• r en read a .truitle wrt.lere
.1 keel. I e. knees not . lay -telaat isestbstait.v.:l,4lmlorsl
Ile
from what collie? : lie Arndd require to
see this witness, that be might examine
atubsift the molter to the bottom. But should the
Commuter form their extrajudicial opinion. and
give r to the world. and should it even in the se.
vieres• miviner hear against her Majesty's reputation,
the irrd still cold(' not proceed; they should still
ih•lat stir public examination notll the act:rived had
rtilimrr owe), of defence. The Noble P.ar! then
r1•1111ne,,,,e,1 upon the compiwition of the Com-
mittee, no which were four Cabinet
and with two or three exceptions. such Lords
as, seitiiaut imputing any thing improper to
them, nerr yet remarkahle for agreeing upon
every poli'iral subject with his Majesty's Mi.
timers. Under such circumstances, must not
the lights. and Parliament itself, !et! that
tin Itenort of inch a Committee was the Re
p...; ”I. lli,ii.ters themselves I—(l.lear,hear.)—Why
I shmild they have recourse at till to the
mot kery of .1 Secret Committee, when every thing
r. irht Ise manainnl as etreetually without its mown-
?—(!fear, bear.)—Wis there any peculiar
any holy idopiration in their Lordships
oarlitinee.tionin, which would inspire a Weirton( of ,
.ber it had fled from the Cabinet? The
of the Cron n had, however, by their
LT."- I,li-conduct. placed the case in such a state. ,
that it was impossible to proceed in it with safety, ,
or nlidndon it with honour; and he sincerely be-
t:raed that nothing now could satisfy the public
',rid a foil, hones!, open, sad public adjudication
of the case. There were manly means of insti-
lls' ing ms inquiry which were free from the objec-
tiddis felt in the mode now proposed ; and in sub.
mi.tini„; the present propositimi to the Ildmse. lie
vele desired that .time one might be selected snore
•• iisdta tit with the principles of law and justice.—
foi lfiai-ters of the Crown were in many instances
I. lih• to censure, but in twilling more than for
sir, .1 vat dieing idol uneeciiiit conduct. They
.Yd >Orr mely culpable for 114ving brought the
lioW,Ur of the Crown into ()rid by their indeci-
it c !wide of acting. It was how at least twelve
iiindiths since the commission of inquiry was is-
silt ri —twelve mouths even stave the Alinisters re.
rivrti the Report. Ode receiviiig the lteport, it
tlioir duty to determine immediately upon
t;c:i pinceeihtegs as they might have deemed
t beidnally expedient. It tin examining th- evi-
ilr 11,1, cr,ll• ettil for their intormAion, they room! ,
cause for accusation, they should leave like oleo
•• iti!orritril their Sorereign;, but if there were a
I: Ilse fir charge, they should with as little delay as
i->jile base submitted it to Parliament upon
ti,; :1 van responsibility. The Noble Earl cedi-
se•td s,r.ingly the line of conduct now adopted by
id-!irs, for having thrown the case to Podia-
that they might be relit veil themselves from
::•t performance of their duty. But so they uni-
iitited iti every case of great public interest,
-y 'hewed on all emergencies the same destitution,
4rlll' to repose on Parliament for
• e,;(-,• nod ..ripport, and in a time of peculiar and
si t.•*l of difficulty, when wisdom and energy were
ticedeil. the Nliiiisters of the Crown looked
t all stupid astonishment at the evi:S which they
► .• es created,—( Loud cheers.)—The waives
eT• the winds increaiwil, the caeca Income mu- •
1.: • :1., the vy....1 of the Stmt. Laboured under every
d!•iliciitiy and dagger, but the pilot looked on in
~,, and astonishment. ignorant of the extent of
al and of the means to avoid them :-
A,t.rra erescit hyrax umnique parte reruees
guilt)! venti; freiaqur inell,iinno.tin nascent.
Iys. pavig; tire sc .it -laths ipae fatetur
Wig reeler; ore fluid jubeat ye vetel re
Taut* stall moles, torture putetllittr Orte val.
Nolde Elil then remarked. that there was one
irrii.lier of the Administration (Mr. Canniag), and
t coerce one of those who recommended tilt
urti-
rurnnl of ihis proceeding, who declared, " so help
!" that lie would never appear us the
Queen's aticiwer. This same Minister had repre-
st 1 It (1 the Queen as " the grace, and life, sod
~ascot of society," Bed why cot thertrire
l• ti-e grace, land life, acid ornament" of the
l'ahtvili throne ? Ile further declared •!iit
r, alio must have knovin the whole con.
ti .s of the green bag, declared—that fur the
Q .n he OM felt the warmest esteem and affec-
t.cu.. %Vliy then did not this Minister so represent
I.in•sc! f to Ill! Sovereign, or why did he vomite-
r. •c,i and advise a public prosecution against
I Miijisty ? was it surprising that such
sr ti.tcusation, so blasted in its commencement,
have excited %nu warm And indignant feel.
id 0;c throughout the country ? The Noble Earl
U•• ‘. alluded to the recent resolution of the House
t i Commons voting an Address to the Queen, mid
artnented upon those Mittistery, who, having dr-
' oi.i:cet! the Queen, and field out threats of the
rust utirtlentnig prosecutions against her in the
eser:t of her setting her foot upeu tlritish ground,
run a (I.d efoed themselves to lit r in a bondsman'.
Ite!," and Minion-el her Majesty to consent to stit•ll
I &Aka' concessions as vomid relieve them frOni
pc •otticig an inquiry, the necessary result of
nide') must be " IlitypCinting to the hopes
r. Pathainent, derogatoly from the dignity of
the Crown, and injurious to the best interests
el die empire." t7poti tli:s he should stand as
c.r a rock, to slim how the circuinstaiiees of this
rase were altered; and vii:ll respect to the condi-
ton. of the Ministers, they were
.placed by it, ac-
coding to an etpression, somewhat fanciful in-
deed, of one of their body, " in a state of con-
trast with tiwniselves."—(Hap, hear, hear, mid a
• tay;h,)--filaving concurred in this Address, he
did not perceive how it was possible fur the Alia
to.ters, of the Crown to proceed ally further in
Vie business. It might indeed be said, that the
exposition of the Qoteeu's conduct would prove de.
• rae'atory from the dignity of the Crown, but if the
• queen had pooled the licentious life iMputeil to
• ter. thiie trim sloe tirade of saving the dignity of
the Crowe by irepanting bee from' it; awl another
Mude by proving her lenbeent. But.oloru they
• *rev tied diet it tYart • InkVidery conagierice of the
kneading thee jt I)o4kt/sided with the worst
reirlialtrinids the Isitsiiir of tie Crinwiiliid to
imileVt" .4 JO. ti;Atilathfir Lintel s. Tiro.
• Altbt 4itilbirk.
tittles sant

rir. el,ffillieNialliterolleneleeled prof% that
ti' tr2l;; 1-klitti of die Steve! Cidelan-
n. I i." • ..swi•
ti
1 a -Llienlgnor. Wei reenbieent that
their Loriletops muivhave heard the Noreen of the
. Nolabs.Eisal crotairiesistale atisritie.r.. The toe.
gip 11l ;;g ~t that speech rinosiifeil of a keel or cosisti-
weevil argument against the mod- of marvelling
adopted by the House.. said the Nettle Lord
limber stated. that it wee no party emotion. but
Lorddiipa should regardc4se in which their
solely to the principles of justice. lime much then
must they have been surprised, to hear the &mein-
lien of the Noble Lora's speech, come* g true of
the most violent and lull &minatory tark* oleo?' the
Aliiii.iers of the Crown which be had ever heard.
Ile had accused the Ministers of vacillating and is-
certain conduct, 110 t in the present case alone, but
during the whole course of their political measures.
This was not the proper time for entering into a dee
fence of his Majesty's present Ministers. hut should
a tit time arrive he should not shrink from it, and he
should be contented to rest the character of himself
and his colleagues. and depend their claims to the
good opinion of present times, and to the gratitude
of posterity, upon their conduct during the last
eight years.—(l-nod cheers from the Ministerial
side of the llouse.)—! le Mendel gladly oppose the
conduct of the present Ministry to that of Om
Ministry of which the. Noble Lord constituted a
part—(Loyd tries of Near)--whose counsels would
have united the country, and reduced it to the
lowest point of infinity and degradation. IVids
respect to the proceethug now before the Howie. lie
no difficul,y in explaining the whole conduct
of liiinstlf and his coilleagues. but he would
not rest it upon a quibble on a word. The
kliiiisters of the Crown felt that the institu-
tion of any proceedings agatust the Queen must
be attended with rent inconvenience, and if
there were any means for avoiding it, it was felt to
be their duty to take advantage of them. The
nritives they adopted to prevent the Queen front
landing its England were just. expedient, and ap-
proved, he doubted out, by nine-tenths of the
public of this cuuntry.-4 Hear, hear, hear.)—
Nlinist.rs having laid the accusation against the
Queen before Parliament, would be well pleased
if. by any moons short or retracting it. they could
relieve themselves and Parliament .fropn•so pateihil
a duty. Nothing could more strongly express the
inconvenience arising from the irregularity COITI
milted by the Noble Earl. iii reporting the words
sunken elsewhere, than the circumstance that the
exorestions attributed in the public itewsimpers to
a Noble Lord in the Wore of Commons, were
very incorrectly stated, mid that the Noble Lord was
tint now present to correct the misre;irrsentattosi.—
The Address to which the Noble F.irl had
al-
luded, wee not ;proposed in the House of Com-
mons by the Ministers of the Crown, although they
had supported it, and if it were supposed dist they
had framed it, or had even any time. prev;ros to
the moment of its toeing proposed, to examine or eon-
side, it, the supposition was untrue. 11 the Quern
were placed at the bar of the Hotter, the ciicum-
stance of eliminating her in the eyes of the notion
must in some degree be. 0, derogatory from the
dignity of the Crown, and injurious to the public
interests:' but still there was a great evil to be
avoided, and he should not shrink from his duty.
He hoped with the Noble Lord that the House
would indeed be cautious in the conduct it would
adopt. for if ever there existed a tribunal choir'.
'zonated shove all others for its integrity, it was the
House of Lords of Great Britain. The enigma!
proceeding must. if wrong. be too, tat, with to.
Terence its die proceedings that might be instituted
in the Mouse of Commons; or 2d. wills ie-
ference to the mole of proceeding by Secret
Committee. But if the original proceeiting were
tight, no subsequent events could alter its
character of rectitude and propriety. It had
been said that their Lordships should pause berme
they originated soy measure upon this subject,
lest they should encounter the difficulty here-
after of having to discuss a question which might
come before them in the shape of an impeachment.
Ile was not prepared to ray that iii this case there
was walling likely to fall under the consideration
of the Committee which might not furnish 'stayer
groomd for impeachment. but what lie did merit
to ray was, that if the main charge were fur an
teruus intercourse, it wits a charge which could not,
according to the °minim of the first legal authori-
ties of the country (seal many of them had been
courtilted), be mode the subject here. under the
en commences of taw cuee, of a criminal proceeding.
lip the Aet of &koll 111. to commit adultery
If nab the King's wile, or his eldest son's wife. or the
Leiress to the throne, was high treasons and the par-
ties consenting were alike guilty. But the duffi-
culty here was, that if the adviterer should provi to
be a futeiguer, who was neither permanently nor
temporarily matchable to Brio h law, theft was no
possibility of reaching him by the Statute of Ed-
raid nu a charge of high treason, and es in this
case sill accessories were principals, it followed of
course, that as you could not touch the adulterer,
neither could you the adulteress. This was the de-
liberate interpretation of the Statute. as it was de-
clared with relation to emit a case as he had sup-
posed. But the Noble Earl says. that thought the
crime may out be high treason, it may yet be a
high misdemeanor, a great State offence. subject.
Mg the party to pains and penalties'. So it may,
but yet it obviously must be a crime known to the
common law of the land, and that common law did
not recognise the crime of adultery. It was mere-
ly a civil injury. The House of Commons had re•
suited the attempts of the Noble and Learned Lord
opposite (Lord Erskine) to make that (Thor amen-
able in common law. Such was the stele of the
law. and he was persuaded that if the law did tint
meet the case. they would not create a crime for the
occasion, and with it view to the puoishment of en
individual. From the fullest vita which he war a-
vatar of taktiag of the present most painful Mes he
was firmly convinced that a legislative procesling was
the ouly one open to them. It may be by Bill of
Divorce—it may be by Bill of Paine asid.Peurities;
nab respect. to the branch of the Legiodature
giudliug it. their Journals *beeped thus it was eons •
pcleut to either to originate it ; but mujt )rernmily
he theught it could be better conducted before their
Lordship. from Weir more capstans jealici.l habits,
ased went particsilmly frees their power of (searing
evidence *pow oitth. tie would sow ewes (is
Ihs mitre immediate coasideratton, siliether, bay.

ing tleeimeg Ilhori 6 leilletii4o tweeivedleg, 4.1
was nol7 Iktitife net it about' be pro)
Ceded ht ad s peirsiolt ioloiry or itootiftli
kind had keen the 111111r0IT case sipon pendinK tele'
later itroceedings.soil the only petition bethought
was ass the sort ot inquiry which they Jowls/ peeve.-
nusly reqnire. The usual course bad been.vrevioes
to Bills of Paige mod PenalsieS. tb Fifer the metier
either to a Committer of the whole Horse. or to a
Secret Committee. New with reference to the in.
wresti of the itecasedt he thought the latter the
make moiler course to take on the ;wield occasirm.
From its secrecy it would he less itrejudicird to the
similar-11. tie had no difficulty in saying, that if
the issiiform racier of Pertimetut did not beer oat
theoremic of proceeding, the particular me impera-
tively called for at.—(lleor.j—This was an smote-
lion against the first subject of the realm, one
wiorlo ought tint to be commenced m the ipse
disie of Nlitsisters, hot which ought before it was
seitetioned receive the consideraf a Parliarnee.
tory Committee. Tibet Committee may decide
there wait tin ground for further proceeding, or it
may decide that there was. It was no bar to their
Lordships' procredisi in the first Pewee to say,
that possibly some of 'lie accmatious in the
bag might furnish master of future inspeachnietat.
If that objeetiois were admitted, there was au roil
to the originating of any Bills of Pains and Pe-
nalties, fur alinnit in them all, an far as lii. retro-
spective •iiirpiiry had gone, there were charges
which might have furnished grounds u. impeach.
urent. Ile had, however, stated reasons why
peachment upon one, the main charge. (vol.! slot
fellow in the case he had supposed. Allusion had
been made to the speech of a Learned Comet!
(Mr. Brougham) last night. Ably as he hail
argued upon some points, he (the Eel of L.) did
not hear from him one word which bore directly
m the present question. The Usenet! Geode-
man bad indeed forcibly urged that it would he
unfair to proceed wish the ease for the prosecution
until that for the defence was prepairti to rebut the
charge. Now on that point he fully agreed with
the Learned Counsel, and thought that in this
case her Majesty's Counsel ought oilier the choice
of the time of delay, and he would be disposed
to acquiesce in the time they should think con-
venieist for entering directly into the merits of
the case. There were no charges yet made iii a
Parliamentary form ; they had as yet no authority
assuiniog that charges would be made by the
previous C mince. When they were once made
in the shape of a charge or a Bill, then, and not
till then, the proper time would arrive to make the
arrangement for suitable delay.—(Hear, hear.)—
The real question was now, ought this inquiry to
be ',locoed ; and whether that should not, us in all
previous cases. be submitted to the intervening
jodgioseist of a Committee ?—(lftew.) —The Noble
Earl shushed to the necessity of their weighing well
the effect their course of proceeding would have
upon the minds of the people 1041 tof doors; now,
though he would be always most anxious to con-
cult the feelings of the respectable both of the
community, still he wuuld never be deterred from
pursuing is measure which, in his conscience, he
deemed necessary, by any factions discontent which
may tie sounded within or without the walls°, Par-
liament, against the particular measure in agitation.
Vt'ult respect to the imputation endeavoured to be
cast on the Committee, lie must say it less entirely
groundless. Could guy insinuation be with propri-
ety levelled at the honest consciousness of justice,
which would influence the deliberations of such per-
sonages as the first Eccleainetical Peer of the realm,
as the Duke of Northumberland. the Marquis of
Buckingham. and Noblemen of their intik in the
State I—(Hear, hear.)—There could be no shadow
of doubt that such characters would scent in their
inquiry any influence, save that which was die.
tided by their own isopariel judgment. A Noh!e
Berms opposite had insinuated that a Right Rev.
Prelate was the adviser of the omission of her
Mujes'y's name in the Liturgy, and that he must
he privy to some of the charges in the green bag.—
Now, lie would assure the Noble Baron, dent he
himself knew just as much of the contents of that
bag as the Rev. Prelate, and that so far from that
personage being the adviser of the omission of the
Queen's name in the Liturgy, he (the Earl of Li-
verpool) could on the contrary tell him, that the
*Advice in question came directly from his Majesty's
Executive Servants. The Noble Earl then repented
some of his former arguments, and concluded by
statiug, that, upon the most mature consideration,
lie saw 110 other course open for their Lordships
than that which lie had already proposed, namely.
re refer those papers to a Secret Committee--uot as
had beets mistated, for the purpose of trying the
case. but of deciding whether, and in what manner,
it should be tried at all, moil then giving the
party accused every fair and legal advantage of
defence, and acting in the strictest coufortuity to
the estaltlished rules of justice.—(Hear.)
Lord Easitixs said, that the question was not
now. whether they should proceed in this inquiry,
but whether they should proceed in it by a Secret
Committee ? He thought it right. however. to
state, that in his opinion the question had uuder-
anise some alteration since it was first brought be-
fore their Lordships. He concurred in the inter.
pretatiou of the law. as laid down its its oppltei.
bility to a charge of high treason, in such a case
as was supposed, where a foreigner out of the
jurisdiction of British law wes a party. But the
difficulty he felt in the mode of ptocreding stow
suggested was, their liability to come to a deci.
siou its one way upon this question in their own
discussions, when theusight hereafter be judi-
cially called upon to decide it in iitiother form.
upon it requisition from the Howse of Commons.
Little did he expect when this subject came first
before thrill, that it would have taken the turn
which had since marked its progress. It was im-
possible to have foreseen the steps lately taken
by the House of Commons; tad it was now
clear that that Flavor held itself resetve to
iiistitute such a proceeding as it should deem-
advisable on a future occasion. Them was.
therefore. every chance of the cue tombsg ulti.
snuffy before their Lordship* in a joaciil tom;
. and surely. so situ•tivl4.they were culled upon is
paha and refrain from passoustriog soy promo-
. lurk visions. With respect tritthe conduct., Mi.,
he terkainly illsesights *hat Wore Ow
.drstik the Causeeser seamy sot o( ilea Lilo'''. shay
.olsoold have jugs prepasprikum ihiltill toooswltt.
lity, to Iwo Woo& &go to Wilt Hoene of Per.

r
I.