The National Register.
London, England, 1820-08-20 00:00:00

THE NATIONAL REGISTER.

propriation of seats. Three JitileAs I,t. the King's Bench
(the Chief Ntstice, and Jilyiees lie and Plolroyil) took
sjheir seats on,lbe WoolsaeZ. !town Bit:hack am? Cdr.
?ow Videsed soon after tmil trek seats beside them. They
were afterwards joined by „ode Dallas. By ten o'cloek
the House was tilled, and the attendance of Peers COall •
Mr. Cooper, Clerk of the House, read the order for
calling over the House. The 113113 CS were immediately
eall,it over.
The Lord Chancellor di livered apologies which lie had
received from several Peers.
The LORD CHANCELLOR read a letter from the
Duke of Sll/1401, praying the House to excuse him, on de-
c.onit of con•anguinity.
Tim Duke of YORK said, that if such a claim were
admissible he was much better entitled to the benefit of it.
Nevertheless he was determined to do his duty.
While the uAtnes were calling over, the Queen attended
by Lady Ann Hamilton, and followed by her Counsel,
entered the House from the robing.room. Their Lord-
ships rose and made an obeisance. Her Majesty took her
scat in a chair prepared for her, beside the steps of the
throne. Her Majesty was dressed in mourning, with
white veil thrown over her head, which covered her Mist.
Lord A. Hamilton attended her Majesty, ou coining in,
and took his stand behind her chair. The noise of the
shouts which first announced her approach continued with
rather increased force for some time after her Majesty's
entrance.
Lord ERSKINE presented the Petition of the Common
Council of the City of London against the Bill of Pains
and Penalties against the. Queen.
The Coke of LEINSTER presented a similar Petition
from the Freeholders of Middlesex, but as it was signed
by Sheriff Parkino on behalf of the meeting, it was iced
only as his Petition.
'!'lie Marquis of LANSDOWN was of opinion, that the
names of the Peers should be called through before the
!louse ondertook to consider Petitions or any other bu-
siness,

Lord Glerawley not answering to his name, he was
stated by Luid Liverpool to be above age.
A short discussion took plare upon the necessity of coin-
rlyiiig with the rules of the Home, by sending notice of
the excuses to the Lord Ciancellor. It was determined
that the fact of indisposition Or superior age being known
to any other Peer, might he good grounds for a motion.—
Lord Glerawley was accordingly excused on the motion
of the Earl of Liverpool.
The Duke of HAMILTON moved that the:Doke of Sus-
sex should be excused, fur the reasons given in his Royal
Highness's letter.
The Duke of Cambridge was also excused, on the motion
of the Earl of Liverpool, being appointed his Majesty's
Viceroy for the kingdom of Hanover.
BILL OF PUNS AND PENALTIES.

The Earl of LIVERPOOL moved the Order of the Day
for tl.e Freund reading.
!ie Doke of LEINSTER moved an amendment, that
(Mier should be rescinded.
The House divided—
Contents
Non-contents

Majority against the Amendment .
When strangers were ie-admitted, the House was in debate
on the motion for calling in Counsel.
The Earl of CARNARWON was of opinion that it
would be iiiconsistent with public interest, and incompatible
with the honour of their Lordships' House, to proceed fur-
ther by culling in Counsel. The of to the Bill were
so general and so strong, that he could scarcely make up his
mind to voting upon it at all but if compelled SO to to, he
would certainly vote against it. Was it passible to LrGevc
that Such a measure was necessary for the interests of the
country? Was it to be supposed that the country w.is
threatened with any danger by their Lordships cleelintog to
pursue it ? lie objected to Bills of Pains anal Penalties on
more general grounds. They were a mode of legislating, CS
poi? facto (it was said) in cases where the parties could not
be made amenable to the ordinary administration of justice
—as in ca-es where there was obvii usly ground for u cri •
11111131 charge, but such a defect of evidetice as Would prevent
conviction before the coinuuia tribunals. He protested
against such a principle of justice, on the t public
grounds. lie adverted to the case of Sir John Feirwack,
wherein the mode of trial was changed from impeachment
to a Bill of Pains and Penalties, for wont of sthiicient evi-
dence. He thought that case no ground fur their Lordships'
present proceedings. For although there was tat first a
majority of 90 fur introducing the Bill against Sir Johu
Fenwick into that House, alter heal mg the evidence and
debating upon it, the Bill was carried by a majority of only
thirty-three in the House of Commons, while ma their Lord-
ships' /louse it passed by the very feeble majority of seven.
As to the matter of charge of the present Bill, what had their
Lordships sceo, or what he:ud, to induce Orin to believe that
it was a proper subject of inquiry for ill it Ilmise 1 Their
Lor•hips could not be igloo:int of the proceedings %hick had
taken place iu the House of Culliillolls, nor of the vote
vs Inch that tharsr had cone to upon the Bill before them.
If, indeed, the Noble LArl who moved floe Order of the Day
would state to the oust. the matter of public danger involved
in the clitirge--or if that Noble Earl really apprehended
danger fr abandoning the Bill, attur what had taken place,
and would state the cirCiallStant es of his fears so as to 3 dist)
his mind—he might be induced to support the contintiaace
of the proceedings. But there was brittle their Lordships
not even the shadow of such an opinion. If the case were
well founded it ought not to be pita:ceded against by that
mode of trial. if it were said that the charge of adultery
could not be proved, but that conduct little shoot of con-
victed adultery could he proved, he %A Initcl then put it to the
Ministers of the Church, and :hose• of the Law, who heard
liim, to say, it they knew tin) otlo•r gi wands upon a biell u
divorce had been afloat d than that of adultery proved in
the my fact 1 If that were the charge, it should have been
stated with such plainness that the illustrious accused might
have been enabled to meet it. T.ie ohjectiotis to the mea-
sure were general, having been cap' essed in every part of the
country. For their Lordships to proceed might have the
riles t of irritating the feelings of the public to a dangerous
(tepee of beat, but without of ellectiag any de-
gi re of public good. H • objected to calliiig iu Counsel.
Earl (RICE y said, Bast when his Nibble Friend slated his
oi•jections generally to Hills of Pains wad Penalties, lie must
accede to all web objectimis. Brit when it AA:IS proposed
by a.iother Noble Frietid of hi:, without any reition Laving
been given to rescind nit order which bad been di•l,b.•nti•ly
rdered on their Lordships Journals, and to give up the
discussion of a subject, which, buitecer paioarl, bid been

•
undertaken after grave tutu deep deliberation and debate
upon it, lie could not middy lIISAellt. The difficulty of via Mg
on the qwestignswetild be painful to lassos to others. The
N able Earl [lieu went'into an examivation of the law of
treason, and proposed that tun questious should be pia to
the the object of which was to ascertain, if the
ei iinv of adultery committed by the Queen with a foreigner
were not high treason iii the accessary, though the principal
were amwerable to the laws of Englaud ; he founded tilt
:ligament on the rule that accesiaries iii treason were prin.
pal., and liable to punishment in cases where the principals
in the first degree could nut be visited.
The LORD CHANCELLOR held the contrary opinion,
though he ailinitti•il :await all the writer. were with the
opinion of Eat! (bey.
The. Earl of LI V ERPOOL had no objection to the ques-
tions beiti•.7 put to tile Judges. It had been alleged that the
pre,ent mole of proceeding against her Majesty was ts about
precedent, but such was by no means the fact. It had a
peredent in many bills of divorce passed through the
I louse. Unfortunately there were cases in which the wives
of Peers were brought there to be divorced from their hus-
bands, and degraded (ruin their rights, privileges, and ,„,_
munities. Now he contended, that the same was dome to.
such Peeresses as was 1101 V proposed to be done in the case of
her Majesty. The degradation was exactly as great in such
a case us that which it was theobject of the pre.ent Hill to
ellert. With what justice, then. could the 1341 be called an
ex past fret° I.lw ?
The Mai quis of LA NS IM)W N recommended the adoption
of the course propos, d by his Noble Friend ( EarrGrey.)
Earl Grey's motion wits then put and carried, and the
Judgesimmediately iiii tiediately ts tired to delibee ate.
. . .

After all absence of alums twenty minutes, the Judges
returned to tar Ilou,e, and the Lord Chief Justice of the
King's Bench delivered tile opinion of lion elf and brothers,
trhieh was, that the 1.1 Jeer could um, on the ',resell( 0% ea-
sion, be eonsidcred as having heen guilty of the clime of
High Treason, under the provisions of the statute of Ed-
ward 111.

The LORI) CHANCELLOR then put the motion for
calling Counsel open the Bill and hearing them at the
Bar.

The Counsel for and against the Bill Were then called
in. Upon the part of the queen appeared Mr. Brougham,
Mr. DCIIIIIIII4 Dr. Lushingtoe, and Mr. Wlllialtli. lu blip-
-11011 Of the Bill were the Attorney and Solicitor General,
Mr. Park, ,Ste.
The Duke of HAMILTON said, he wished to ask the
A tiorney-General by wiluse dii evtion and upon whose
behalf he how appeared at the Bar of that llonse.
The AITORN EY-GEN ERA L replied, that lie attend-
ed at the liar in consequence ut having teceived au order
of the House served upon him by the Usher of the Black
Rod directing his attendance.
The Duke of HAMILTON expressed himself not at all
satisfied with this explanation. He wished to know by
whose direction the Attorney-General attended.
Lord LIVERPOOL said, the answer was, in 16 opinion,
as satisfactory as could be expected. The Learned At-
torney-General 11:141 obeyed the order of the House.
The ATTOII\GY-GI•:NERIL said, lie was bound to
attend upon the Ilunse upon receiving their order, either
in persoll or by deputy. He considered the former mode
snore respectful to their Lordships, Mad wailed upon the
House accordingly.
Mr. BROUGHAM then addressed their Lordships.
Ile appeared, he said, again before them iii behalf of the
Queen, and he had again to protest against the principle
and the proceedings against her Majesty, its harsh and
1111 i llst. lie had, on a former occasion been told that he
was nut to be heard against the second reading of the
Bill. This would have been against precedent, for in
the case of the Mike and 13iichess of Norfolk, in 169!,
the Duchess was heard by her Counsel against the Bill
bciii brought in, against the tirst reading of the Bill, and
twice against the second reading. This was also the east!
in Knight's case, in the year 1698, and in that of Lund
and Lady Angleaea, in 1790. Upon these precedents be
craved to be heard against the principle of the Bill.
Lord LIVERPOOL said, the time for arguing against
the principle of the Bill had passed by.
Lord FOLLY moved, that Counsel should be heard
upon the principle of the Bill.
The question was then put, and it was decided, that if
Coinisrl were now to he heard against the principle of the
Btu, they should be coatined in their observations in (tie
progress to the facts that should come out w evidence.
Air. ILROUGHAM then was ordered to proceed in his
observations upon the 13111. His first objection was, that
the Bill was a private one, intended to punish an
wdivi-
dual. Laws of such a description were ex pest facia lila s,
which first permitted the deed to be performed, and 'hen
decided the performance of it was a crime ; and further,
the very law which declared this act done without notice
to be a crime, inflicted punishment upon an individual
who thus iguurantly offended. Lawson this nature always
passed in the worst of times. He would pass over the
reign of Henry Vlll. for carrion, reasues, and call the at-
telltioll of their Lordships to Lord tatfurd's case. Here
was a case ut impeachment, and hail the present a similar
proceeding, it would have !seen a proceeding of justice,
The attainder, of the vices of Ileiny the V lll,weie legal
compared with these. lie now contended that there was
nothing illegal on the pail of her Majesty, who had in-
deed a ,right to complain of the mode of proceeding.—
Why did nut her accusers proceed Ly impeachment, ori-
ginating iu the Commons i the charges would then have
been seduced to a regular shape, and she would have
had the benefit of the proceeding, which was nut the.
Cast. in the present instance, except the impartiality of
their Lordships could give it that character. All the cir-
ciincstances with Whlvii the glletll was concerned in the
inquiry were tioliC by her alien Prince:4ot' Wales, vs hen not
at connected with t lie Crown, and when, thouAh tar wile
of It,, most exalted subject, peen ceilings against her must
have hero by Bill of Divorce preferred in that Home, upon
petition of her husband, a in must have come to ask it vs it:l
: but they had waited till that character had
:Wray, out the rights of husband and nit'c had brim
sttalloived up in those of King nod QUeell. But he would
now avoid the q ic Atoll of recrimmatiou, as he had been
eui ttttt ed to do by his illustrious client, except under cir-
cumstances or absolute necessity. Ile should defend that
c,ient without regard to tile Coisacquetices. It was cie duty
of II adirocatt. to attend only to tile siert)• of his chem.
I low was it he would ask, that in 4 case of adulterous inter-
courw, w Melt ore Uri red iu ISM, no ',itch Bill fur dewadat lan
is the present was brimglit in? Wag it because that while
men nearly allied to the (inane wet e passed li) unpunished,
it was sufficient licit the tongue of slander shoulit move
against a debt' lid and uuprotected woman, that she shoal,'

re

be degraded and disisaced ht a 11111 of Pains and Penalties.
the 1-rariical Counsel then remarked on the mammy in which
This Bill had hei ii introduced, which had for its object
to dissolve the most sole contract, to separate man and
wife ; hut to as bleis the Attori.ey General It d now declared
the Kim; was not a rety, but that lie attended on the part
of the public. Ile blamed the enemies of her Majesty for
continually imputing to her I hat she had degraded the honour
of the Crow u, by her coiMuct whilst abroad. The very men
who now charged her with misconduct, were those w lin had
Mires' her out unlit °teeter!. These men bad also offered her
rank and :armoire to the full( st extent, if she would COllll-
- abroad, and it was not until she presumed to return to
this country to assert her innocence, that this Bill of Pains
and Penalties was promulgated against her. Ile concluded
by calling on their Lordships to retrace their steps, and
thereby prose themselves the saviors of the country.
The LORD CHANCELLOR said their Lordships
would hear the other Counsel of her Majesty.
Mr. DENMAN then stood at the Bar and stated, that
he at that time felt unable to perform the ditties lie owed
to his Illustrious Client, in consequence of the fatigue he
had undergone and the ill state of his health.
The House adjourned.
FRIDAY, AUG. 18.
The military assembled round the House this morning
nine o clock, to the same force as on Thursday, mid were
again btationed in Palace-yard in the different hvenues
leading to the House. The Peers began to assemble soon
after nine o'clock, and at ten minutes before ten the Chan-
cellor entered the House. Prayers were then read by the
Bishop of Llandatf.
Earl DERBY said he held in hand a petition, signed by
between 3 and 4000 Merchants and others, inhabitants of
Liverpos.l, against the present Bill of Pains and Penalties,
and the course of proceediugs :adopted as regarded her
Majesty.
The Petition was rend, and ordered to lie on the table.
Lord DARLINGTON wished to know if there were any
defaulters yesterday.
The Clerk stated that Lord Montford was absent.

Lord DARLINGTON then suggested the propriety of
calling over the House daily, to enforce attendance on this
most important occasion. Such a proceeding would super-
sede the necessity of the regulation suggested yesterday, that
every Peer, on entering the House, should write his name.
The Peres were then called over, Lord Howard, of Wal-
den, was excused, on account of the death of n near relation.
The Bishop of Lincoln could nut attend the House, the
Reverend Prelate being this day translated to the See of
Winchester, and, until his temporalities shall be restored, his
Lordship cannot sit us a Peer. The Marquis of Salisbury
was excused on account of ilbeas.

The Duke of LEINSTER presented a Petition signed by
nu individual de,rritring himself as J. Mills a Brit Free-
holds-r, against the Bill of Pains and Penalties now before
the House.

Lord HARROWBY said, the Petition which had just
been read, want to deny the poster of their Lordships, both
as a House of Parliament and a Cuurt of J mar ature; and
he submitted that, consistent with their own dignity, they
could not receive it.

l'he Duke of LEINSTER concurred in this opinion he
had hut recently received the Petition, and had not an
oppia 'unity of reading it. The Petition was then rejected.
The Order of the Day for hearing Counsel further against
the Bill of Pains and Penalties, was then read and agreed
to, mid the Counsel being called in accordingly,
Mr. DEN MAN proceeded to address their Lordships;
and commenced by contending, that lie must be now con-
sidered as arguing against the principle of the Bill, not as
standing fur a second reading, but is if now uhnut 10 lie
brought. No step, he conteuded, had yet been taken, and
therefore there was at present nothing to retract; no steps
to retrace but their Lordships might now stop us having
done nothing, and the measure he considered as never !Java%
had existence.—On this occasion he Oa% at a loss haw to
raise a point on which to argue; for, after having read over
the preamble of the Bill again and again, with the greatest
care and attention, he could discover no charge a hich it
contained against her Majesty. He was at a loss to know
whether, io the course which her i Mai, sty's legal advisers
had adopted, they had pursued that likely to be most bene-
belel to the iiderests of their Royal Client ; fur on this
occasion it appeared that only one common lawyer, and one
civilian, ur two common lawyers, were to he allowed to
address their Lordships; and he doubted much whether the
acketing himself the second Counsel in this great quetitni,
which embraced equally mon sod civil last, was a ise ;
having been selected, however, he must discharge his duty
to the best of Irb U1)111144. As to these proceedings, the
Secret Committee had lwen compared to a Ciand Jun,
from which the present Bill Caine ; hid that si as not MI, the
Bill slid not come flout that Committee; all toe Secret
Committee had dime was to recommend a s:ilemn enquiry,
and ma a Bill of Degradation That Bill did not come
from the Secret Comiuttiee, but (VOW tot individual Peer.
W ha drew the BM lie could hot tell; but lie could not
sup-
ho-e the Noble Peer in question was the draft,man.—
Whellier it Wiib distau by he Attot [icy Comm! or Lot he
could not tell, but it would he his duty to e smith.. it a-
freely iis he would a 13111 of It coining limn the
lowest quarter. The Learned Ciaksel then proceeded to
read and comment uu tbe Preamble of ilie Bill, which he
said described as scandalous, vicious, nod wicked, conduct
imputed to her Majesty, w hiell Mt sine had a right to describe
under those terms. Another objection to this 11.11 of indict- 1
went, as it am called, was contrary to all oilier bilk of
ladih talent, not only the lairelice charged, hut the evidence in
suppoi t of the charge, bas bran put apun the face of the till.
Was it ever known that iii a Bill of earth:fluent for murder
prefer, ed against John Thomas, that as well as setting forth
the time and place of the murilt r, it also appeared on the
Bill that John 'fhowas and the deceased had lived on bad
terms for mussy years; 'bat J. Thomas had beets seen to
watch and a ay-lay the deceased at different times, in sec i et
places and in the dark. l'he Bill also set forth other vague
charges, founded only on hire:cilias, not stating where the
alleged nets Nook place, or the cc oh lice to support the
charges, but leaving it to chance io discover vs holier the
bribes which had lit ei. catered its every ',quarter w hue h her
Ray al Ifigino ss had v,siird AO largely, might not Moore
some base:aid sordid wretch to present himself to give evi-
dence in support of these inferences. Lastly came the most
uufortunate part of this measure—the i'llll,4ll—lle Post-
er' ipt to the lettei-1 he only important part of it, namely.
the clause for di%orcing her alajesty, and giving tio his
Majesty the power to contract wart Mgr with another.
,At this pea toil of the proceedings her Majesty entered
the House, pi eceded by the Usher of the Black Rod, and
accompanied as yesterday by Lady Anne Hamilton, and
took her seat as tormetly neat her Comiscl; the Pews all
rising; and howling La her on her Lutiancc, her Majesty
t !musing thi. Long L int id.;

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