The British Press; or, Morning Literary Advertiser.
London, England, 1820-10-17 00:00:00

' •

fore we ludithiemele 7 the ,411.1111 bi&
titiomlikeseeti to call
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ogre711 'lipoid be ebsaiheraieg 110 shill they
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~111‘9"4""""111111111h-rilaititatised Shot beweesell. oVIIP11111"Ilie person bre•-•416111161a1; pent: *ed .11:
go with a message to another, that then all Ilse ado of that
person Isael.beme therefore adopted. by. the Peader, and that
tie made himself rospooMble fur all Bre mailed of the other !'
The Lord, taiiisiodlur said, that unit 'primed to he she
purpumWf the quettium to let in evillest., a 'beacon of an
agent, before the ageary was proved, his dilly relished bins
tee declare this, itowieding he the umbras*, rules sod prunes-
ples of evidence, sack proof could out in that mime of she
proem din be admitted. If any Bidet, Lewd differed from
him as to his outlets* of the practice of the Courts, .torli
Noble Lords were perfectly competent to prepares question,
and submit it to On Judge., tv older Si, amertaiu what
would be their conduct ill smiler cases in their Coterie, and
be (the Lord Chencellor) would fed extremely obliged to
troy Noble Lord who woo d put such a question. As lo whlt
had occurred wish respect 101141 very quessiun us Saltattlq,
though his o•u opiniou was fixed Lebow that, be had felt
that perhaps the subject required more deliberation. On
that account he could wit but feel much more paitafaction
that art opportunity had been offered by a Noble Peer fur
• arguing Ow point at grater length. lie would now emit
the recollection of their Lordships to what appeared in the
evideuce with respect to Itastelli. A *Blum hail been call.
eat, isuswitlostanding Hastened absence, mud very properly
std justly called (as the Counsel &Ramat the Bill were nut to
blame fur Rastelles absence., ill order to chew that Rastelli
had ina le utTers to induce people to give lestienuuy agaiust
the %wen. Let their Lordships take it iu soy view that
they might choose); but first of all, he derised then that their
Lurdships meld out be told on that, uc any occasion, that
lore were Noble Lord* sits sag is that Mouse, who euent have
ally anxiety to hare that Bill passed. He protested agssast
any such remarks or assertions as unusually unjust. If
tyro those übseivations, or any such should time from diem,
soy of their Lordships, he protested against them. He did
nut iuteud to apply Isis reniask• to aist• particular instance;
lie was then speakiag purely hypothetically. Ile would
asenene all that might be said fur fact—he would suppose
that the Guveroment had willingly placed itself is dirt
odious condrtiun whirls had tweu attributed to it, of being
at once Judges and Proercuturs—he would take for granted
what had been said of the Milan Curnmesmoue.s, rod that
they and the Government were, as they had situ &berthed
the either day, a a jowl stuck company" tie the prosecution
—lie uuuld take Art granted that the agency was proved,
and that the acts of the agents were adiutssibie, as in that
sr.i.e they would be, still there was uu erodeirce mud Itigawti
was the agent of airy body. Before the act of the agent
could be given in evidruce against the act of the principal,
tUr agency roust he established. There were si r. ssi ws)s
eif sluing this. First, She principal weight be Lereouglii to
make the J JJJ un ; secondly, the agent might give proof
f the fact ; mid lastly, any usher persuu might be called to
prude it, by chewing the acts of the representative. Let
their Lordships consider the suhjett iii these different points
of viers. The principal had in this case mode so mita:scion
of the agency. The agent was capable sal ruling it, arid a
+limas had been iota 1111 l led till that very ',mut. Hut was
Isere ally adnu.siun of agency 111 his tvid,.wee fiuppase
Kiganll really to have acted MI an ri,ccitil; hail he bee a called
to prove the agency? It would be said that they nese put-
ting a party ',side,' great difficult:re wino toy called on
Bain to establish the agency, sit a case where the pi sucipal
refused to come furwind, and the agent bad the givaiebt In-
terest iu delaying lilt IrIMIIVX lOU with the principal, and that
tiro in a ease where eels ruabl be pruv.d lb, alleged
agency. Be it so, hut were the rules oaf law therefore. to he
broken duwu .!* But what ma, the real case ill evidence ? 1.. t
their Lordships purr to Rastullre evideuee, and they would
bud that 'Lament was persuaded by Name to go be.
fore the Mullin Commissium Would it be argued that
it was proof of agency that one our had desired another to
come before the Milan Cosponsors' ? The Counsel against
the Bill acre bound to have called Riganti; sad though they
might not have bees allowed lie inquire from any of the wit-
timers, yet had he been Cuutisel fur the Bell, and had known
where Itigauit was be found, Ise would Out have imitable'
that kinualedge from the ether side woe atypical after the in-
quiry was made; he would, imam stionably, hare informed
them. But theu it was said, Bud it was not merely the
agency Whiell it was attempted to prove 111 ibis Mee, but It
was a culiiipirary against the accused. But where was this to
cud if wire they let in such evidence? There might be con-
spiracy uss our side as well as on the other. By this he in.
It tided no 10.011410 u ; he never could furalee him-
self if lie threw any imputatiois oil either party. But
still be must say, that cuaspiracy might as well exist
on uue side as ton the other. But lour were their Lord.
ships to ascertain nu which side it oddly existed r Cer-
tainly, a great deal snore must be proved thus was yet be.
Pure their lordships. The Counsel against the Bill must
call some of the agents, at whoever hazard, to their case;
they most contrive to lay a better froundation tur admitliug
tire evidence of a cunspiracy Blau at present existed. He
repeater!, that he should feel happy if any Noble Lord, who
differed from his opinion of the principles of evidence,
*meld put a questimi to the Judges. Throughout the whole
of the proceeding, h. had acted in da retrace to the lemming
and experience watch surrunirded him. And though bin
eiwu uptown wall filed, lie 611.11111/ take it as a great trvomr,
if any Pete WIMP 41111eled from it would erode to am the
question at rest, by vellum fur the opinion of the Judges, as
to what would be the practice la the Curestair beluw is similar
eases.

Earl Grey said, that sheet he proposed tier question upon
which the objection had been taken, be had dune it after ma-
ture reconsiderstiou of what had passed us Saturday had
convinced him that the evidence bail bees improperly •x.
chided. He felt that his question was open to the objertiou
of the Attorney-Geurial, who did no more than his duly in
urging that objection. Of the manner is which that uuty
had been discbargol, he (Earl Grey) had uo reason to com-
plain. That objection had, after ample and very able
argument, been completely confirmed by the opinion
of the Noble and Learned Lord on the Woolsack.—
lle feared that hr might nicer the imputation of undue
pertinacity, if, after all that be had heard, he should state
that iu his own opinion the question ought to be pail. The
staieenent of the Noble and Learned Lord, as to she anti-
oaiy rule and practice, was certainly right. There cured be
no question that such as the Nobler and Learned Lord had
represented it would be the practice of those Courts. He
had nu wish to try the worth of the opinion of the Noble
and Learned Lard oil rules of evidence by referring a ques.
titan to the Judges. He •as perfectly ready to admit that
the question, according to the strict and technical rules of
e cadence, remold not be put in the Courts below. But the
question tut their Lordships was, whether they were to be
bound by lb& practice of ordinary occasions in those Cowls,
wheel particular circumstances not only authorised, but de-
mauded a deviation from their rules He bad given it as
his opinion in the beginning ut the proceeding that the
House ought to confine itself as strictly as possible to the
admitted rules of cvideoce in the Lower Courts. But their
Luedships reserved the right of departing fruits those vulva
if particular circumstances should arise to justify that 4e.
parture. The question was, if they were au situated at w-
aled as to he uuthorised to else that diacrelsou which hail
bees' so reserved It was admitted on all hands that general
agency had nut been peuvedose Riganti, but these Lurslships
were 10 look at the naliere of the meanly before awns. A
Bill of Nilsson., Penalties was (nought, as it must be sup.
pond, by liar Government—it was supported by evidence
collected under their authority, and by this severe and
anomalous proceeding it was proposed not only 0 de-
wier the Queen of all bee rights and 1014/1101111,11, but
besides tint to inflict infamy on her family. He
would ask R their Lordships carte mot peculiarly hatind
to see that the evidence bronchi was not only nueuspi.
clout, but unsuspected? And whew they had it in proof
that perking bad actually been engaged in 'Jerboa witnevere
rewards to indite* them its appear is support at the Bill,
could it be assented that because there was su pouf of the
cusuiesioa between the mahatma principal is thee inearmare
and the agent, that the evidence would maim eases
petted ? They bad it ia prod that Miami retailed
Itaatalli to go before Hie Mika Coatailailes, sad la eds.