The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-18 00:00:00

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.. must het the principle °tithe here of treason was, that se..
...ord Or") been comories in felony beam principels in treesnn. He
mesons might ' was speaking its moues* of dime before whom he
the propriety felt almost ashamed to chew the little scope of his
when Ministers legal kiinwl.dge. hut he must express his doubts
so far, with the as to any other than the general coestruction of llo!
Yaw beesight against re ijcaty , _ law. In hie ot 0000 oo n, therefore. if the Queen had
-are her • splendid establishments with stit intreeltice I
II beenaccessarycommcommittingeg adultery. she had be.
Lion to foreign Courts. if she would only Terrier' f come a principal in the Orem... The difference
from coming bick to England—whet. all this had established between criminals by the haw of Irma.,,,
been openly admitted, be must say that he could 111114 that of being Principal, in the first and in the
sot see what there was in the letter circumstance seemed degree. Accessines io Wool stood in the
which ought to have the effect of making that, I predicament of treasonable 00000 opals of the snood
which was before thought so easy to allow, now he. degree, with this difiereuce, that the latter could
-tome intolerable to any fair sense of justice. He be provided 'meanie without the arreignesent, erre
observed symptoms of dissent in the Noble Lords 'Moly without the conviction of the chief Micheletti.
-epposoite. If they were excited by the inferesices Wham the principal of the diet degree in a crime
' which he had drawn from their couduct, he would of "'roma was not to be found, three of the
salute them that he heal not the *lnches/ inclination second degree were made answerable. He rensitherd
to make easy conclusions but such as he thought it as a klarawn principle of the law of treason, that
would be readily admitted, eve,, by these Noble all parties aiding and abetting were pruicipal, hit
Lords themselves at hose conduct he was exam. • g. the second degree, and liable quite as south as
He hail observed before, that he saw nothing nn those of the lien degree. Ile would put a case:
the simple circumstance of the Queeta's arrival in Suppose a paity to lead the Queett into • partici..
this country which could have converted that which bar sittillion, where • refer was to be committed on
was bearable before into an salience which could her person ;he would be an accessory before do!
not be passerlover. But in as much as the Howie fact ; anal could it be supposed diet he was hot
were now concerned. it wins their duly to consider pulii•liaille, even 'linnet. the acteshisuld be Is, acct.
with firmness the situation in which they then stood, drat frustrated ? But then otippese the forcible
and deliberate and decide according'''. What was violation tit else Queiria's ;wren., abroad. the act
that situation ? Grave Marl seriouo charges were committed by a foreigner, and (however improbable
brought before them against the Queen of Eng- the an faring by and as.
land. whether true or not he would not under- eistisig such forcible violation, or neglecting to bine
take to express even an opinion; he had come there der it; *Amid not lie be at principal in the second
to do his duty as a Peer of Parliament, and to degree, anti refire the punishment doe to the reef
pronounce in his judicial capacity °is the ease es aggressor ? I(' the plea of the act bring in that crae
it should be brought and substantiated or not, be. committed in 'nether country by • party not uwieg
fore him. He was there neither as the partisan of allegiance to Me laws of England would not melt
the King nor of the Queen. Here there were such an accessory as he lied puinted out, he thought
charges of crime before biro which. if true. ren- it would be difficult to ',hew dust the Queen (cup-
sein thellecove7teli:i::ime:
dared her unfit for holding the rank of Queen
oplosisisdig.ith..erryr
clialdt));:tetti.otimieescwinogh.
of Englaa.d. This was their situate)... By what
-means they had been brought into it, or to the statute. God forbid that he should wish to
whom any blame which might belong fir having prosecute to the extreme tannishment of the law, the
brought them into it, was to salsal. ha did tout infliction of which the humane seirit of the age
pretend to say. If the charges were true, the de. rendered tineweible ! But he wished to have
gradetion of the Queen was a necevsary measure, the doubts which he had cepressed cleared up. For
otherwise she must be allowed to easume the title this purpose lie washed that the Judges should he
and privileges of Queen, and ascend the throne of called on to &clay. their opinions spin too quer-
these realties with the most foul and dishonouring duns to Ir framed for that purpose, and if the hey
suspicious hanging about her. Their Lordship, wanted further interpretation he would advise net
wit. as
otereidieeccirdarataiodluislteasry,waonutarldiutlii,
could not then without displaying a cowardly and the Bill should be withdrawn, aid the law 61. toes-
pusillaiiimiaus spirit, shrink from the cutnederatiOn
gbythesttueLi
of those heavy charges. The next quertiost then P
would be, ought that deliberation to be proceeded fetters charged in the Bill decidedly within the
is under& Bill of Pains and Penalties ? Comistehtly limits of the statute, and app uiteing at the sue.:
with what he bad before advanced, that isa cases not time a modified mad leisient punishment for this
clearly within the jurisdiction of the lower Courts, character of treason, by enacting divorce and de-
-and yet requiting the interposition of justice, where gradation as the means thereof. l'itrir Lordships
there was no other course known to the law, he was would then be able to greet a fine and regular trial.
bound to admit that a Bill of Penalties was °efts_ allowing the list of witimeses to the Delesidaut, aid
airy. But first of all he required to be convinced all other advuntage., of a trial for high treason.
that in this case there was uo other course of pro. would therefore propose that two questions should
reeding, before he rive his entire assent to the he put to the Judges, their 111144W1-111 PO he sample
measure. They hail been told by a Noble and affirmative ur negative. First, othether the charge
very Learned Lord that there was no other poser continued in theßill was or was not trauma by law
warble of reaching the specific offence charged, If the shower should be that the Crime was not
*an the law of Parliament, because though adui,. punishable by any known law, their Lordships
lery committed with the wife of the Heir Apparent would then be so far convinced that all the written
was treason in other subjects, the Noble and authorities laid been hitherto in error, and however
Learned Lord doubted whether it could be so in objectionable the anode of proceeding might be
the case of the Queen, she being. wily an accts.- he must consent to the progress of the Ball, being
wiry. He felt much diffidence in offering even determined to fulfil his judicial duty ow the ques-
a doubt in opposition to the opinions of the that brought before pine, because be would not lay
Noble and Learned Lord on the Weekecke but soy means countenance the charges which had been
his duty required him to examine evely part of made ageism the !loose of Lords. Fle believed
this momentous subject with firranera• if he under- alter all that substantial j.•"irr "meld be done. If
stood the Noble cud Learned Lord tightly, his oh- those doubts which he had eifirreed were not Wis.
jections to ordinary judicial prodeedeigs were fie& he Mart agree iu all the objectuous urged by
founded upon two doutits. The first doubt ex-
his Noble Freese!.
pressed by the Learned Lord was upon the received The Loan CHA NCELI ON felt some degree of
and general canstruction of the statute of anxiety to explain his opinions and notions of the
Edward 111. The secnnd way not offered by the
calawoithelug severally
ns estionrsapiltystpbuytitohfestblaecL:aird...occTultre.
Learned Lord as a doubt about the construction se, llied bel
of the statute with respect to treasonable adultery ring its England and being committed 41111
committed by a fereiguer in another country, the man, sod abroad. being committed by a foreigner.
Noble and Learned Lord being convinced in lass On the first lie had belme expres, -d has opinion. As
own mind that such an adultery could not be to the seemed, he thought that if there were uo tree-
charged as treason. In reply to this fie begged leave ron io the act of the principal, there could be noir
to say, that supposing the received construe. in the accessory. He could not help thinking that
lion of the statute to be correct respecting the the objections to constructive treasons. wet. net
violation of the Queen'seperron, that it war equally powerful ho cases like that before them. The test
ctiminal its the Queen as in the principal ; lie main- writers disagreed with him. it was true. The words
tamed that it must be equally treasonable in the of the statute were. "if any snail violates the wife
Queen, whether the act were committed at home or of our eldest son," &c. This text only declared
abroad—even though in the latter cure the deed that it was treas.') to violate the wile. He doubt-
should be committed with a foreigner, who would ed whether the opinions of the text writers. that the
not be responsible to the laws of this country fur his Quern partook of the mall's 'resew]. could be allsio-
actiesis. Time in ins of the Noble and Learned tained. He would say, that if this subject was
Lord were entitled to much respect—his severe halm, painful to the Noble Lord, it was no less so to him.
of study—his legal acuteness—his caution in deter- But being called on for 1111 0111041111, it behoved him
mining, must give hie opinions their fullest weight to offer tied to their Lordships which, he thought the
with the House; but as yet they had heard the Noble most correct. Where there was nu crime therecould
and Learned Lord advance nothing hut doubts upon be uo accessary. As to est Koglishmati standing
this point. Fur hie part he must be allowed to any, by while a foteigner committed any act whites wee
that he could not conceive the doubis of calm re- not treason by the law of this ceuiery, such can..
flection in the closet could be weighed sgainst the • duct might be highly immoral and reprehenstble;
concurrence of authority frequeutly 01141 practi- but if the fact were out treason, no consist er aid
cally expressed. When the Noble Loral stated rendered in the committing of it could be treations
therefore that he
.doubted. he still thought their He intended simply to discharge his duly, of
Lordships at liberty to adopt the general con- which, however painful, lie was determined not to
structure) of the Imr of treason upon the par- shrink from- the execulion.
'Wider case which was now brfure them.— The Earl of Ltvearooe had no objection to
Every writer whims he had been able to consult, the questions being put to the Judge..—lt had
concurred in the ordinary interpretation of the been alleged that the present mode of proceed-
statute: Lord Coke, Chief Justice Hale, Serjeant ittg spinet her Majesty was without precefleut, but
Hawkins, mid Justice Blackstone. all concurred.— such was by no means the feet. It had a prere-
The Noble Lord on the Woolsack only stated dent in many bills of divorce passed through the
doobts--all these authorities determined the case. House. Unfortunately there were cases in which the
Or course he should, in adopting the general comae I wives of Pettis were brought there to be divorced
struction of the statute, require. as lie did then, j from their husbands,and degraded from their rigid*
that Me crime ghouls! not only be definitely charge I privileges, aid immunities. Now he coeteoded.
ed, but substantiated also by the most simmer, t that the same was done to such Peeresses as wt-s
clear, and overtake-lining evidence. No grounds of ! now proposed to be done in the case of her Ma-
light conduct or of jectionable demeanour, however i jesty. Whatever hardship might belong to the
much to be regretted, were good grounds for itn- proceeding in the last case was attaches to die
',eschewed. The Let of adultery ought to be j former; for certainly a Peerase would, uompara.
clearly proved by unquestionable evidence. In ‘I lively speaking, feel the bitterneos of steseratioo
meeting the second point included in the doubts of from her husband, and degradation from pier rook,
the Noble and Levelled Lord, he would teeter to the so acutely as her Majesty. The de grinettion wait
principle of law which regulated the puniohment of exactly as great in such a case ars that whit+ it was
accessories,. It war, as he understood. -ou the I the object of the present Bill to dli t 3. With whet
groued of the Queen being only an accessory, - justice, then, couldthe Bill be called as ez posifeete
upd no principal in the treason. that she was dew? Bills of the former nature were passetd on ac-
eed net to incur the penalties of the statute. r count of the feelings of one individual. Thai alleged
general principle of taw required that ecces. crime in the present ismtance dtd not save-one iu-
llMka
111 guilt should not be proceeded agates' ex- ditidual only, but the whole state ; and if ibe House
ler rftetber with, or after, the coovictoti of the would inflict degradation in ibe femme use, how
dccasorios segailur prieripdas." lurch more powerful was the motive, in tbe:eue mu-
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t arise from going on.: nod he
teen a Minister.of Govennoknt, the,*
have weighed with Itim in considering
or instituting such a inerrore I and
ere admitted that they had gone
he knowledge of the charges of guilt
'pima her Majesty the Qaeen. as to