The National Register.
London, England, 1820-07-31 00:00:00

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3tigtrial Varliament.

HOUSE OF OF LORDS.
MONDAY. MN 24.
Cost msstow.—The Royal Assent was given by Commission
to the Alin Bill, the Irish Ins°lvel:t Debtors' Bill, the Royal
Family Bill, tile King's Savants, the Assessed Taxes Compen-
sation Bill, the Irish, English, and East India Militia Bills, the
Navy and Army I'rizc Money Bills, East India Volunteers,
Post Horse Duties, Irish Spirits Intercourse, and several others.
The Commissioners were, the Lord Chancellor, the Earl of
Shaftesbury., and the Duke of Montrose.
At four o'clock, after the House had be: cleared of strangers,
the Committee appointed to investigate the beet nioie arm hung
tiir a full attendance of Peers on toe 17th of August proceeded.
with the assistance of a distinguished mehitect, to measure
the House, and obtain information respecting the dimensions,

tee. &c.
Soon after five o'clock the doors were opened.
Pt.: name FROM THE Ql; EEN. —Lord ERSKINfi said he
rose to present a Petition in behalf of her Majesty, which he
considered well calculated to make a strong impression on the
reason and justice of that House. The Noble Lord adverted to
a former Petition from the Queen requesting a list of the witnes-
ses to be examined against her, and expressed regret that it had
not been complied with. The Petition lie had then to present
was addressed to the Lords Spiritual and Temporal in
merit asset ussetubletl.—" The Queen being informed that the Home
of Lords had refused her a list of witnesses to be examined
reqaested that a specification of the dates and place, or places, in
which the criminal acts were said to be committed, might foitli•
with be furnished her Majesty's Adorney•General, tire if that
information were denied, it would be impossible for her Majesty
to meet the metes: Mom or take preliminary steps for her defence.
lier Majesty was further desirous to be heard by Counsel al their
Lordships' liar."—Lord Erskine proposed, that the last part of
the Petition be complied with first, and that the House should
hear Counsel at the liar in support of her Majesty's application.
lie did not presume to say there was an appearance of injustice
in the proceedings of the House, but, if there should be any
statement abroad derogatory to die honour and character of their
proceedings, their Lordships should take care they did not
afford the slightest ground for such allegations. It was itni‘er•
sully known that the Queen was in various parts of the South of
Europe, and the charges being limited to six years residence
abroad, without naming place or date, it was impossible tor her
Majesty to prepare for her defence. if the specification was not
furnished the prosecution could not go on. After the evidence in
support of the lidl closed, the House must adjourn to enable the
Queen to procure the means: of cross•examination. She had not
the means of seeing the witnesses face to face, and if they went on
without giving her hair means of defence, they would do an
injury to the laws of the land. He had heard of the public mind
being inflamed, but it could not be it' their proceedings were free
from suspicion. It was impossible he could have any other
interest in this question. His only desire was to see their Lord-
ships give satisfaction to all mankind. If the specification was
delivered, the proceeding against her Majesty would be more
analogous to the common law. The Noble Lord concluded, by
moving that the Illustrious Petitioner be heard by Counsel tattle
Bar.
The 1.0111) CHANCELLOR observed, that the Noble and
Learned Lord had urged the House to a fair and honourable
administration of Justice ; but it would have given him great
satisfaction to hear on what principle of the common law the
Noble and Learned Lord supported an application of this kind.
If he knew any thing of the law of Parliament, the usages of
Parliament constituted the law and it would be hound that the
House had recently refused to grant a similar application. The
analogies drawn from the Common law of the country were not
made out by the Noble Lord. It appeared to him that a com-
pliance with the Petition would be unsanctioned by any practice
known to the law. It was his duty to state, that no motives
should deter him from doing his duty according to the established
principles of justice, and the law of Parliament.
Lord HOLLAND expressed a wish, that the Noble and
Learned Lord on the Woolsack would point out to the House in
what instance a person accused by the forms of common law had
so little information given them before trial, as tins Bill of Pains
and Penalties gave the Queen. The question was not to be con •
eidered with regard to the convenience of Parliament, but the
justice and consistthey of Parliament. It certainly Was open too
those who felt it was necessary to have a clearer speedie•ttion
the charges, to contend that Counsel ought to be heard in sup-
port of the Petition. It was said the Bill against the Illustrious
Person had been consigned to the Attorney-General) but that
House knew nothing of the transaction. The Lords ought to
know it in the regular way. The Noble Lord was of opinion the
specification of charges aught to be granted. It was clear,
unless the Queen knew where the charges were laid, that she
must put the country to cxpence, by sending to every place
where she had been for the last six years, and bringing to
England a body of witnesses, whose evidence might or might not
be required.
The Earl of LIVERPOOL admitted that strict analogy ought
to give way to the principle of justice; but it was his wish to
state shortly in what situation the Houee was placed. In conse-
quence of a Report of the Secret Cortina:et, a Bill was brought
in by his Majesty's confidential advisers. The Queen c.aine to
the Bar, and required the House to proceed forthwith. The
Lords took the question into consideration, and decided that they
would answer the call of her Majesty so far as was consistent with
justice; but in a case of' this kind it was held proper that they
should have the assistance of the Judges, and that an interval
must intervene. The second reading of the Bill was fixed tor die
171.11 of August, the earliest day that could be fixed consistent
with justice. In case die wish of the Queen to proceed forthwith
had been complied with, could the request before the House have
been niade. His Majesty's Attorney General would have opened
the prosecution, and her liijeny would have been called 011 for
her defetice It was said the accusation did nut go into partieu-
lanty, but it ought to be recollected that the actual charge in the
preamble of the Bill was not a charge of one act of adultery, but
a continued adulierous intercourse. Teen it was urged that this
was a charge of that generality that it requited peculiar indul-
gence; but how was indulgence to be granted ? The Noble
Lord who brought up the Petition stated, that die request was
analogous with the proceedings of the Courts below, but did not
appear analogous. God forbid he should tlea.y :any fair or rea-
sonable advantage to the illustrious person, but coi.sidering the
nature of the proceeding, and the wish of the Queen to proceed
forthwith, he saw no ground for die application.
Lurd KING retnieded the noble Earl who had just sat down,
that prejudice might be excited against the Queen, and it was but
just to give her some compensation for that prejudice. Site only
asked to have the places specified where the crime was charnel to
have been committed. in the proceeding as it stood tiler% was
an appearance of injustice. The noble Lord supported the mo-
tion.
Earl BAT CRsT objected to the application, on the ground
that the House was bound to discharge their duty within the
limits prescribed by the Bill. If they were to give ki specification
of psrucular places where die act of adultery was charged, they
would be confined to those places, and shut out from proof of
general misconduct. The Queen was to make her defence on the
17th of August, yet it was said she must have a list of witnesses
and places specified. Suppose Milan was named, and the date
1618 and 1819, what advantage could she obtain ? If she really
meant to defied herzelf on the 17th of Ati;m:s, slit would not
Lave time to procure evidence upon this Mien nation.
Lord ERSKINE, in reply, said, as it was not the intention of
the House to grant his motion, he witted to say nu mere on the

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question, but lie held it to be his duty to address ti few words
upon the analogy adverted to by the noble and learned Lord. In
ises of high treason, nothing could be more clear than that a
man indicted was entitled to know the nature of of his indict-
ment, but it was not the intention of the noble Lord to draw
analogy in cases of local jurisdiction, he only said the House
should bring the proceeding before them as near as possible to
the common law. Tim noble Earl who last addressed the House
had asked what advantage could the Queen draw from the
nformation tequireil ? Her Majesty was to draw the inference,
not that House. Such a question in a Court of Justice would
be heard with disgust.—(Hear, hear.)—He would never hear it
said, with tut protesting against the assertion, that the Queen
could enter into her defence without the means of eros:•examin-
ing the witnesses. Tne Queen had no opportunity of defending
herself if she wanted the materials to cross-examine witnesses.
The question was then put, and the House divided—
Contents, il—Not Conteut-s, 57.
The Queen's Petition was consequently refused by a majorip
of 25 Peers.—The House adjourned.
TUESD Y, JULY 23.
The Royal Assent was given by Commission to the Capital
Felonies Commutation Bill, the Privately stealing in Shops
Bill, the Irish Malt Ditties Bill, and several others. The Com.
missioners were, the Lord Chancellor, Earl Bathurst, and the
Earl of Shaftesbury.
The Insolvent Debtors' Bill was brought up front the Com-
mons, with the Amendments agreed to.
ItEroun OF THE COMMITTEE OF PRECEDENTS.—The
Earl of SHAFTESBURY, as Chairman, presented the Report
of the Committee appointed to search for precedents for: nforcing
the attendance of Lords on proceedings by Bill of Pains and
Penalties. The Report being read, suited, 'that Peers absenting
themselves after summons, were liable tbr the first three days of
absence to a line of ts l. per day, and for every subsequent day
501. unless good cause could be shown for non-attentlanc.:. The
Committee further reported, that no Peer could be excused from
attendance, except front age and sickness, of which he is to give
notice by letter to the Lord Chancellor, stating the same tribe the
cause of non.attendance on honour. The Committee ricam-
mended that a gallery be erected for the accommodation of Peers,
and that a platform be raised below :he Bar for the accommodation
of Counsel, Agents, and Solicitors of the Queen, and others
connected with the proccedim.s.
The Earl of S&LS FTESBURY then moved, that an humble
Address be presented to his Majesty, praying he would be
graciously pleased to give direction for such accommodation as
the Report recommended being made.
The Motion was agreed t0...--The House then adjourned till
to-morrow.
WEDNESDAY, JIII.Y 26.
The Royal Assent was given by Commission to the Insolvent
Debtors' Bill. The Commissioners were the Lord Chancellor,
Earl Bathurst, and the Earl of Shaftesbury.
Mr. Mason, from the Directors of the East India Company,
presented an account of the quantity of teas sold, at the East
India Commany's Sales during the last three years.
Laid on the table.
On the motion of the Earl of SIIAFTESBURY, the House
adjourned to Tuesday, the 15th of August.

HOUSE OP• COMMONS.
MONDAY JULY 21.
The House was summoned to the House of Peers, to
hear the Royal Assent given by Commission toseveral
Public and Private Bills.
ADJOURN:NEXT OF THE HOUSE.—Lord CASTLE-
REACH gave notice, that lie should to-morrow move the
adjournment of the House to the 21st of August.
'Fire QUEEN.—Mr. WLTHERALL rose to call the at-
tention of the House to the substance of a paragraph in
a country newspaper, reflecting, in the most insulting
manner upon the character of the Is twee. The paper
in question was, he believed, called Flyndull's Western
Luminary The paragraph to which he alluded insinuated
that her Majesty was devoted to llaechus and Venus. No-
thing could exceed his horror at reading statements of so
atrocious a description. It was generally known that the
proceedings were going forward against her Majesty in
the House of Lords, and to what extent the measures
were intended to be carried. If insinuations of this kind
were vented against the meanest individual in the coun-
try, charged with a criminal ollince, nothing could tie
more calculated to operate to the injury of justice. It
could not then be denied, that the attempt to prejudice
the case of the first subject in the realm, was an valence
that should he overlooked.—(Hear, bear !). The publi-
cation of the paragraph was a gross breach of the privi-
leges of Parliament, and an endeavour to pervert the
course of justice. Under these circumstances, lie gave
notice that he should, on the first day of the meeting of
the House after the adjournment, move that the Attor-
ney-General be instructed to proceed against the Printer
and Publisher of Flyndall's Western Luminary.—(Hear,
hear!)
Mr. TIERNEY wished to know why the Honourable
and Learned Gentleman could not give notice for to-

morrow.
Mr. WETHERALL then said he was not prepared,
as lie had not yet procured a copy of the paper.
Dr. LUSHINGYON said a copy of the paper might
be procured to-day or to-morrow.
Mr. WETHERALL then said lie should bring the sub-
ject under the consideration of the House tomorrow.
A new writ was issued fur Maidstone, in the room of
Colonel A'Court, who has accepted the Chiltern Hun-
dreds.
The House went into a Committee upon the Irish Stills
Regulation Bill. The Report was received, and ordered
to he taken into consideration thin day three months.
The Licensed Still Bill was committed, and the Report
ordered to be taken into consideration this day Rime
months.
Dt.: ects ELECTION.—Lord DUNEANNON presented
a Petition 1.10111 several Freemen of the City of Dublin,
complaining of the conduct of the Shoat and Magis-
trates and police of that city at the late election. It
stated, that at the election of a Member of Parliament fur
Dublin, the horse police attacked the electors
wit° attended to vote for Mr. Grattan without the
slightest provocation, at the Sessions Muse, and
wounded two men in a dangeiolis manlier ; that the
military and police dragged a man named %t uh outs, who
WAS not acting in breach of the peace, to prison, and that
several oilier electors were also abused and insulted by
Sheriff and MaAistiates, and that those of the of-
fending prisons were in the interest of Master Ellice, mid
had acted in violation of the pi ineiples of liberty. fhr
Petition concluded %%jilt expressing a hope that the House
would be pleased to enquire into those proceedings.
Lord DUN CANNON unused, that the Petition should
he upon the table.
Alf. BENNETT wished the Petition to be printe.?
that the House might look into its merits to-morrow.
The Petition was ordered to lie on the table.
The other Orders of the Day being disposed of, the
Hyatt adjourned.

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TUMMY, JULY 2S.

'PUP QL:EEN.—Mr. WE'FHERALL rose to bring for-
w his intentleil:Motiontiponthe subject of the scandeluns
libel upon her Majesty. A person against whom pro-
ceedings in Parliament, in the shape of Paine and Penal.
saes were pending, should be secured from all libellous
attacks, and it was a eliminal offence to violate this prin-
ciple. 'Fluere was no case ill the records of Parliament in
which pending proceedings of a judicial nature equal and
similar protection was not afforded by Parliament to the
individeel co:teemed, to the protection afforded by the
Civil Law. It was natural for him to view with disgust
Ike paragraph in Vendee's I Vestern Lmnilary, and after
mach reflection lie deemed it a breach of the privileges
of the House. The House would remember that they
addressed the Queen in the most uespcetful manlier; in
fact, in such a manner as to render it impossible to sup-
pose that they conceived her Majesty capable of conduct
of a culpable nature. The Hun. Gentleman then entered
into a history of the proceeding* with respect to the Queen
in both Houses of Parliament, and stated, that oil the
table of she Lords there was an inquiry which would
probably be by and by before the public. It was the
duly of this Hoene, then, to extend its protection to the
individual who was the unfortunate subject of that lii.
(wiry. Would they permit the Queen, who was thus be-
fore Parliament, to be run down? No ; it would lie a
repudiation of the proceedings of the House and a gross
act of injustice. Indeed the case of the Marquis of Staf-
ford was in point, mid skewed the necessity lit preserving
the dignity of the House; for public clamour at that period
inflnenced Members to vote against their feelings. The
Hon. Gentleman then stated, that it was not necessary to
prove the tact of mischief from pubtications of this kind;
it was the speculation, the intention, and the potentiality
that constituted the evil in cases of this kind. The House
should hold before that individual the shield of the Con-
stitution. If it were stated that it would be improper for
this Heine to interfere—if the attack were not treated as
a breach of privileges, he would say that it was a violation
of the common law of England. Lord Elletiburougli had
held in ofie case, that to call a person criminal before trial
was a most gross offence.—But Flyndall said more, and in
langimee which anticipated guilt without the possibility
of doubt. The course of law was not left to decide upon
guilt but the writer convicted. This case more loudly
called fur reprobation than any other, for it involved a
breach of evety feeling of Christianity. Cr' • ality and
punishment were settled by the writer, and in terms of the
most repulsive description ; and that writer must be dealt
with according to law.—He (Mr. IVetherall) should throw
it upon the House to act for itself in a case where the
Queen was recommended to be whipped; and the House
could not refuse to the highest subject in the State wihat,
from every principle of justice, lied been granted to one
of the lowest. He then moved that the AttoilierGeneral
lie instructed to proceed against the printer of Flyndall's
Western Luminary for a breach of privilege.
After an observation from the Speaker, Mr. Weatherall
then seed the words, stating that the Queen was devoted
to Venus and Bacchus, and said that the sentence was the
breach of privilege of which he complained.
The Clerk having read the whole article, which was
stupid as well as malignant, Mr. Wetherell altered the
terms of his mutton, cud unused a llCSOhltioll that the
Paper, under such gtreutusenices, was a breach of the
privileges of the House.
Lord CASTLEREAGH agreed in lamenting the ex.
cesses of the press, which operated in raising the vilest
and most angry passions. Nobody more strongly con-
demned than he did such practices.—He felt no hesitation
in saying, that lie acquiesced in the sentiments delivered
by the Hon. Gentlemen who had spoken. The only ques-
(loll WAS, as to the manure of proceeding. Nuw lie be-
tiered that the article iu question had come under the
notice of (lie Attorney-General before it was mentioned
in the House.--(Hear.)—There were means of punishing
publications of this kind in another manner than by call-
ing the attention of Parliament to them, and those should,
be resorted to. But it would have been at least just in
the Hon. Gentleman to consider those libels on the other
side, which were olthe most disgusting nature, and which
would nut have been tolerated in any other civilized
country. There were, in fact, libels of a worse and inure
dangerous nature. His Lordship then said, lie held in
hiS timid the last number of the Examiner, mid read seve-
ral sentences; in one of which the writer taxed the greater
number of Members in that House with teeing ' • Is.
He (Lord Castlereagh) should have no objection to the
prosecution of the publication alluded to, but he should
certainly order a prosecution of those papers he had read,
and sweeping proceedings should be instituted.
Doctor LUSHINGTON said, lie had not thought it in-
cumbent upon kiln to submit any motion with respect to
the paper, upon considering that it had but a slight and
obscure circulation, and the notice of it would probably
be unworthy the dignity of the Queen. On a former
occasion the Morning Post and the Courier were antlered,
under the mite of Government, to libel the Queen in the
most vile manner, and very little attention was paid to
the complaint. Those papers were permitted to pass,
and lie thought it best to let this obscure publication die
in its own übseinny. How was her Majesty treated
Ministers hail already, without investigation, without
calling the accused forward, fixed u stain upon her. They
had already informed the politic that her Majesty was
guilty, by removing her name front the Liturgy. 'The
Learned Gentleman then declared that lie looked upon
any restriction upon the piddle press as most mischievous.
He dein ecated the excesses of the press, at the same time
that lie ti Oa it better to leave flue choice of cases to
his Majesty's Attorney-General. 'flue Qtieen had indeed
much to complain of trout the efforts of those writers eha
were, iii the interests of Government. He assured the
House that the Queen would not read one publication
pending the proceedings.—Cases of this kind ought not
to be entered upon without being very strong indeed,
and then the Government would be sure of' not being
exposed to a verdict opposite to their expectations.—
(litter, hear.)
The ArIORNEY-GENERAL said, that no informa-
tion watt be tiled against publishers of libels until oext
Term. He Hlibeellitdbicgiiivheanillbsieseantpternetsieonntetdotothe innumerableitisvievill::!
..
course of the present Session, and should upon (lie proper
occasion prove that he was sincere in what he stated.. 111
every itietatice in which he had instituted prteleetOwns:
vet diets were pined, and lie should be guided lay Olt-
rule, never to prosecute except tiputi the eutivii:i ion flint
he should obtain a verdict, at least that he should desist
it. The Leal tied Gentleman (Dr. Luslsington) :wird no!,
fairly, for he was raising pre-indict in the )louse)