The National Register.
London, England, 1820-08-21 00:00:00

NATIONAL REGISTER.

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propriation of seats. Three 311.1g0s of the King's Bench
(the Chief... Justice, and 'c es Best and Holroyd) took
*heir setts-11r the Woolsack. Baron Richards Intl liaAa
siww egAre4lllnon after • seat% beside Agin. to
Age afterwards jadta ge
the House was tilled, and the attendance ‘t Peva cum-

plete.
Mr. Cooper, Clerk of the House, read the order for
eallint over the House. The names were immediately
called over.
The Lord Chancellor deVered apologies which he bad
received from several Peer..
The LORD CHANCELLOR read a letter from the
Duke of Sussex, praying the House to excuse I • , on ac-
count of consanguinity.
The Dottie 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 names 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 obeimince. Her Majesty took her
seat in a chair prepared fur her, beside the steps of the
throne. Iler Majesty was dressed in mourning, with a
albite veil thrown over her head, which coveted her hoist.
1. ird A. Hamilton attended her Majesty, on coining in,
and took his stand behind her chair. The noise of the
shoats which first annooneed her approach continued with
rather increased force for some time after her Majesty's
entrance.
Lord ERSKINE presented the Petition of the Common
Canneil of the City of London against the Bill of Pains
and Penalties against the Queen.
The Doke of LEINSTEI( presented a similar Petition
from the Freeholders of Middlesex, but as it was signed
by She; itt Parkins on behalf of the meeting, it was lead
only as Isis Petition.
The Mai gins of LA NSDOWN was of opinion, that the
names of the Peers sl td be called through before the
House onJertook to consider Petitions or any other bu-
siness.
Lord Glerawley not answering to his name, he was
stated by Lord Liverpool to be above age.
A short discussion took place upon the necessity acorn-
plying aids the rules of the House, by sending notice of
the excuses to the Lord Chancellor. it was determined
that the fact of indisposition or supetior age being known
to any other Peer, might be cowl grounds for a motion.—
Lord Glerawley was accordingly excused on the Mt/LIMA
of the EMI of Liverpool.
The Duke of HAMILTON moved that the Doke of Sus-
sex should be excused, for the reasons given in ilia Royal
H ightiess'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 P 11NS AND PENALTIES.
The Earl of LIVERPOOL moved the Order of the Day
for the second reading.
The Duke of LEINSTER moved an amendment, that
the Order should be rescinded.
The House divided—
Contents . .
Nou-contents

. . . 41
. . .206

Majority against the Amendment . 165
When strangers were re-admitted, the House was in debate
on the motion for collier!. in Counsel.
The Earl of CARNARVON was of opinion that it
would be isicowistent with public interest, and incompatible
with the huotpur of their Lordships` House, to proceed fur-
ther by callin4 in Counsel. The objections to the Bill were
so general and so strung, that he could scarcely make up his
mind to voting upon it at all e but if compelled so to do, he
would certainly vote against it. Was it possible to believe
Brat such a measure was necessary for the interests of the
country? Was it to be supposed that the country was
threatened with any danger by their Lordships decl. : g to
pursue it ? He objected to Bills of Palos and Penalties on
more general grounds. They were a mode of legislating, es
post fait. (it was and) in cases where the parties could not
be made amenable to the ordinary administrati tttt of justice
—as in cases where there was obviously ground for a I ri-
initial charge, but such a defect of evidence as would prevent
conviction before the common tribunals. lie protested
against such a principle of justice, on the most public
grounds. He adverted to the case of Sir John Feowick,
w herein the mode of trial was clianged from impeachment
to a Bill of Pains and Penalties, tor want of suarcient es i-
deuce. He thought that case no ground for their Lordships'
precut proceedings. For although there was at first a
majority of 90 for introducing the Bill against Sir John
Fenwick into that House, after healing the evidence and
debating upon it, the Bill was carried by a majority of only
thirty-three in the House of Commons, while in their Lard-
ships' House it passed by the very treble majority of seven.
As to the matter of chars of the 'present Bill, what had their
Lordships seen, or what heard, to induce theist to believe that
it was a proper subject Or inquiry for that House? Their
Eiovhips could nut be istiorant of the proceedings which had
taken place in the House of Count tttttt s, nor of the vote
which that House had come to upon the Bill before them.
If, indeed, the Noble Earl who moved the Order of the Day
would stale to thelliouse the matter of public danger iovolved
in the ehargeo-mr if that Noble Earl really apprehended
danger from abandoning the Bill, after what had taken place,
and would state the circumstances of his fears so as to satisfy
his maid—he sai,:lit be induced to support the einituissinice
of the proceeilm,•s. But there was before their Lordships
not even the shadow of such an opinion. If the case were
well founded it ought not to be proceeded against by that
mode of trial. if it were said 111..1 time charge of adultery
could not be proved. but that conduct little short of con-
victed adultery could be proved, he would then put it to the
Msoieters of the Chureh, and those tit the I. to, who hoard
lion, to say, if thi y kites* any other grounds to' which u
divorce had urea aboard than that of adultery loosed in
the very fact ? if lint were the clutige, it should irive been
stated w till such piamiless that the thustrious accused mitt
'lave been enabled to in-et it, The old clouts to the lora-
-tire %vie genesal, having been expressed iti every part of the
coantry. For their Lordships to proceed swot Have the
ettect of irritating the teelitio of the public to a dangerous
degree of heat, but vs ithout probabiiity of effecting any de-
gree of public a I. II • objected to ca,lia; in Counsel.
Erni (AMY Said, tiro oaten his Noble Friend stated his
Ilet)C'I'C'Cl1111.0t115 galresii"Clihi)Ohljtiellelit tit I'
P'l.llinu.st"Wdliell'seiltitiwti:ts.s'iolriTopTiseu-111
' by another Nook Freud of ills, without any reason having;
been gisess to rescind all order ss Inch had been deliberately
i eotered oil them Lori!s!iips' Journal., and to give up the
dibcuabiva of *bullied, which, however poislul, had bee.

undertaken offer grave mid deep deliberation and debate
upon it, he could not readily assent. The difficulty of voting
on the questio ould 4 painful to him as to others. Tne
*able Earl the hi an ex; LLLL i t nation of the law of
sthaaion, ankieg be is questions should be put to
the Judges, the u je t b was to ascei lain, if the
crime of adultery committed b e Queen with a foreigner
were not high treason in the arc y, though the principal
were answerable to the laws of Eos,land ; he founded his

argument on the rule that necessaries in treason were prix.
pals, and liable to punishment in cases where the principals
in the first degree could not be visited.
The LORD CHANCELLOR held the contrary opinion,
though he admitted Mount all the writers were with the
opinion of Earl Grey.
The Farl of LIVERPOOL hod no objectioo to the ques-
tions being put to the Judges. It had keen alleged that the
present mode of proceeding against her .Majesty was without
precedent, but such was by no means the fact. It had a
pr ceilciit in many bills of divorce passed through the
House. Unfortunately there were cases in which the wives
of Peers were brought there to be divorced from their hus-
bands. and degraded from their rights, privileges, and im-
munities. Now he contended, Hist the same was dome trs
such Peers silts ns was now proposed to be done in the case of
le•r Majesty. The degradation wars exactly as great as such
a case as that which it was the object of the present Bill tuv
ell'ect, with what justice, then, could the 801 l be called as

es post facto 1-iw ?
The Marquis of LA NSDOW N recommended the adoption
of the course proposed by his Noble Friend ( Earl Grey.)
Earl Grey's motion was then put and carried, and the
Judges i 111 l nediately retired to deliberate.
After an absence of about twenty minutes, the Judges
returned to it. House, mid the Lord Chief Justice of the
King's Bench delivered the op and brothers.,
which was, that the Queen could not, on the present eh ca-
sino, be considered as Navin,; been guilty of the mime of
High Treason, under the provisions of the rt.glute of Ed-
ward 111.
The LORI) CHANCELLOR then put the motion for
ralliug Counsel upon the Bill and bearing them at the

Bar.
The Counsel for and against the. Bill were then called
in. Upon the part of the Queen appeared Mr. thongbaits,
Mr. Denman, Dr. Lushington, and Mr. WiMalin. In sup-
port of the 8.11 were the Attorney and Solicitor General,
Mr. Park, ate.
The Duke of HAMILTON said, he wished to ask the
Attorney-General by whose dif eetion and upon whose
behalf he seuw appeared at the Bar of that House.
The ATTORN EV-GENERAL replied, that be attend-
ed at the Bar in consequence of having received an order
of the House served 141011 hens by the Usher of the Black
Rod directing his attendance.
The Duke of HAMILTON exp 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 hiaopinion,
as satisfactory as could be expected. The Learned At-
torney-General had obeyed the order of the House.
The ATTORNEY-GENERAL said. lie was [wand to
attend upon the House upon receiving their order, either
in person or by deputy. He considered the former mode
more respectful to their Lordships, mud waited upon the
House accordingly.
Mr. BROUGHAM then addressed their Lordships.
He appeared, lie said. again before them in behalf of the
Queen, and lie had again to protest against the principle
and the proceedings against her Majesty, as harsh and
unjust. He had, on a former occasion been told that lie
was not to be heard against the second reading of the
Bill. This would have been against precedent, for in
the case of the Duke and Duchess of Norfolk, in IOW,
the Duchess was heard by her Counsel against the Bill
bring brought in, against the first reacting of the Bill, and
twice against the second reading. This was also Pie ease
in Knight's case, in the year Id9B, and in that of Loud
and Lady Anglesea, in 1700. Upon these precedents be
craved to lie beard against the principle of die Bill.
Lord LIVERPOOL said, the time for arguing against
the principle of the Bill had passed by.
Lord FOLEY moved, that COltintel should be beard
Nam the principle of the Bill.
The question was then put, and it was decided, that if
Counsel were now to be heard against the principle of the
Bill, they should be confined in then observations in the
progress to the facts that should come out in evidence.
Mr. BROUGHAM then was ordered to proceed in his
observations upon the Bill. His first objection was, that
the Bill was a private one, intended to punish an indivi-
dual. Laws of such a description were es post facto laws,
which first permitted the deed to be performed, and then
decided the performance of it was a crime ; and further,
the very law which declared this act done without notice
to be a crime, indicted punislinielit upon an individual
who thus ignorantly offended. Laws of this nature always
passed in the worst of times. He would pass over the
reign of lieuryVlll. for obvious lessons, and call the at-
tention of their Lordships to Lord ,statford'a case. Here
was a ease of impeachment, and hail the present a similar
proceeding, it would have 'seen a proceeding of justice,
attaindcrs of die wives of Henry the Vlll.were legal
Compared with these. He now contended dial there was
nothing illegal on the part of her Majesty, who had in-
deed a right to complain of the mole of proceeding.--
Why did nut her accusers proceed by impeachanent, on-
gloating in the Continuos ? The charges would then have
been I educed to a 'Twit's( shape, and she would bare
lied the benefit of the proceeding, which was not the
Case" in the present instance, except the impartiality ut
their Los dships could give it that character. All the cir-
cumstances with Which the Queen was concerned in the
inquiry were done by her when Princess of Wales, is hen not
at all connected unit the Crow is. awl ss lien, thou4li the in lie
of the most exulted subject, 11111• eettniAs aginint bar most
leave been by Bill of U.vuure preferred 111 111.1 l loose, upuii
petition of her husnaild, who must have come to aiA it
unlr
clean bands; but they had waited till mat character bad
pared away, and Ilie rights of husbaod and wife hind bees
switilowed up in those of King and Queen. but lie
now avoid Me quest' of reelllllllcialion, as he had been
emu sanded to do by Ins illustrious cheat, except under elf.
CUIPstiIIICCS of tilimlute necessity. He should defend
that
e.ient without regard to the conseipietices. It was t" 4"1/
of all advocate to attend only to tile soicty of his client.—.
How was it he would oak, that io a C 11.,.. of
radaticrn
course, a hid) occur. red 181$), no such Bill for deg:
as thepresent was brought in ? Wars it because that lode
men nearly allied to the throne were passed by unpunishe,,
it was sutheieut Hint the tougue of slander shout,' tio
against a deserted and wprotecied woman, that he should;

he degraded and disgraced by a Bill of Pains and Penalties.
the Learned Counsel then remarked on the manner in which
This Bill had been introduced, which had for its object
to dissolve the mist solemn contract, to separate man and
wife; hut to which the Attorney Genteel had now declared
the King was not a party, but that he attended on the part
of the public. Ile blamed the enemies of her Majesty for
continually imputing to her that she had degraded the honour
of the Crown, by her conduct whilst abroad. The very awn
who now charged her with misconduct, were those who had
driven her out unprotected. These men had also offered her
rank and affluence to the fullest elicits, if she would conti-
nue abroad, nod it was nut until she presumed to return to
this country to assert her innocence, that this Bill of Pains
and Penalties was promulgated against her. He concluded
by calling on their Lordships to retrace their steps, and
thereby prove themselves the saviours of the country.
The LORD CHANCELLOR said ►heir Lordships
would hear the oilier Counsel of her Majesty.
Mr. DENMAN then stood at the Bar and stated, that
he at that time felt unable to perform the ditties he owed
to his Illustrious Client. in conseqiienee of the fatigue be
bad undergone and the ill state of his health.
The House adjourned
eaIDAY, AUG. IS.
The military assembled round the House this morning at
nine o do, k, to the same force as on Thursday, and were
agadi stationed in Palace-yard in the different Lvemies
leading to the House. The Peers began to assemble slam
after nine o'clock, and at ten minutes before ten the Chan-
sellor entered the House. Prayers were then read by the
Bishop of Llandidt.
Earl DER BY said he held in hand a petition, signed by
between S and 4000 Merchants and others, tohnbitants of
Liverpml, against the present Bill of Pains and Penalties,
and the course of proceedings adopted as regarded her
Majesty.
The Petition was read, and ordered to lie on the table.
Lord DARLINGTON wished to know if there were any
defaulters yesterday.
The Cleik stated that Lord Montford was absent.
Lord DARLINGTON theta suggested the propriety of
calling over the !louse 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 Peers were then called over, Lord Howe' el, of Wal-
den, was excused, on account of the death of a near relation.
The Bishop of Lincoln could not attend the House, the
Reverend Prelate being this day translated to the See of
Winchester, and, until his temporalities shalt be restored, his
Lordship cannot sit as a Peer. The Marquis of Salisbury
was excused on account of illaesss. •
The Duke of LEI NsTER presented a Petition signed by
au individual describing himself as J. Mills a British Free-
holder, against the Bill of Pains and Penalties now before
the House.
Lord HARROWBY said, the Petition which had just
been read, went to deny the power of their Lordships, both
as a House of Parliament and a Court of Justicature; and
be su►mitted that, consistent with their own dignity, they
could not receive it.
The Duke of LEINSTER concurred in this opinion; he

had but recently received the Petition, and bud not an
opportunity of reading it. The Petition wits then rejected.
'l•he Order of the Day for hearing Counsel further against
the Bill of Pains and Penalties, was then read and agreed
to, and the Counsel being called in accordingly,
Mr. DENMAN proceeded to address their Lordships;
end commenced by contending, that he must be now con-
sidered as arguing against the principle of the Bill, not as
standing for a second reading, but es if now about to be
brought. No step, he contended, had yet been taken, and
therefore there was at present nothing to retract; no steps
to retrace ; but their Lordships might now slop as having
done nothing, laud the measure he considered as never having
had existence.—On this occasion he was at a loss how 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 which it
contained against her Majesty. He was at a loss to know
whether, in the course which her Majesty's legal advisers
bad adopted, they had pursued that likely to be most bene-
ficial to the interests of their Royal Client; for on this
occasion it appeared that only one common lawyer, and one
civilian, or two common lawyers, were to be allowed to
address their Lordships; and lie doubted much whether the
selecting himself us the second Counsel in this great question,
which embraced equally common and civil law, vs as wise;
having been selected, lino ever, he must discharge his duty
to the best of abilities. As to these proceedings, the
Secret Committee had been compared to a Grand Jury,
f which the present Bill came ; but that was not so, the
Bill slid not come fount that Committee ; all tne Secret
Committee had douse was to recommend a solemn enquiry,
and not a Bill of Degradation That Bill did not come
from the Secret C 1111111 l wee, but from au individual Peer.—
Who drew the Bid he could not tell; but he could not sup-
pose the Noble Peer in question was the draftsman.—
W higher it was drawn by the Attorney General or not he
could not tell, but it would he his duty to examine it as
freely its he would a Bull of Indictineist coining from the
lowest quarter. The Learned Counsel then proceeded to
read and continent on the Preamble of the Bill, which he
*Aid described as scandalous, vicious, and wicked, conduct
imputed to her Majesty, which tio one had a right to describe
uncles those wino. Another objection to this Bill of indict-
ment, as it was called, was contrary to all other Bills of
Jodi( mem, not only the offence charged, hot the evidence in
support oldie charge, has been put sel the fare of the Bill.
Was it ever known that in a litli of indictment for murder
preferred against John Thomas, that as well as setliny 101111
the time mid place of the murder, it also estimated on the
Bill that Julio "fhonmas and the deceased had lived on bait
terms tor mammy years; that J. Thminiss had beets seen to
watch and way-lay the deceased at different inn secs et
places and in the stalk. The Bill also set forth other vague
charges, founded only on inferences, not stating where the
alleged acts took place, sir the evict. lace to support the
charges, but leaving it to chance to discover vs bettor the
bribes which had linen offered in every quarter which her
Royal Highness had visited so largely, iiiihht nut induce
some ba►e mud sordid %stele to present himself to give evi•
deuce in salient tof these infi fences. Lastly came the most
unfortunate part to this measure.—the climax—the Post-
script to the lettes—the only senperiant pair of it, namely,
the clause for divorcing her Majesty, and giving to his
Ziliijesty the power SO coat ract marl time a nth another.
(At this peeing of the proceedings her blajesty entered
the House, pi eceded by the Usher of the Black Rod, and
accompanied as y esirsilay by Lady Assume Hamilton, and
took her seat as formerly al her Counsel; the Preis all
rising and bowing to lire on her enttance, het Majesty
churning the complimem.l