The Sun.
London, England, 1820-07-15 00:00:00

he was about to propose. If it could be shown
frofn.any. quartet' of the House that it was incon- '
sistent with those principles of liberality and
justice, the application of which were in their
Ladship's power, to grant that indulgence which
he called for, and which the peculiar nature of
the case, in common fairness, demanded, then he
should willingly withdraw his motion: He wish-
ed now, however, that the-Sca'les of justice should
be held with art even hand ; and that no indul-
gencel incompatiOe with the principles of real
justice, should lie imparted. In all cases of
High Treason,
,copies of the Indictments, and
Lists of -the 'Witnesses were given ; and .far,
ther, a desc.ription 6f all the Jurors -that may
he impannelled, that- it-may be known who
and what they are, with a view to an
ample scope of challenge on the part of the
Accused. A List, of all the Witnesses was
peculiarly necessary in all cases of the kind,
with a view to the ascertainment of situation
and character. It was with a reference to
all these considerations. and circumstances that
they would have. to try the validity of the im-
. portant charge-against her Majesty. There were
numberless considerations referable to the charge,
a-n(1 arising out of the situation of the Illustrious
Accused, and the societies in which she felt into in
Various .countries, which called for the utmost
caution and nicest discrimination in deciding up-

on. Undoubtedly there were many cases of di-
vorce from time to time before their Lordships,
but not one instance in the least comparable, in
point of importance or difficulty of decision, with
that in question. Here were none of those ad-
vantages which were possessed by the crowds of
cases, the gradations and different forms of trial
and investigation which they underwent in vari-
ous Courts below, before they came to their
Lordships • Bar for the final adjudication.. Let
the long lapse of time, in the space of six years,
be considered, the nurnber of witnesses, and the
length of time which their examination must un-
avoidably take up; all which considerations com-
bined to evince the necessity, in point of justice,

of furnishing the accused with a list of Witnesses
Was it fair, he would ask, that theevidenee,:par•
tially given (as must be the case, in the event ol
those circumstances which the .rejection of his
motion must induce) should go forth to the pub;
lic, whose anxiety to see -justice impartially ad-
ministered must naturally be great, and who must
be 'dis,gusted.at seeing the protraction of the Trial
which must otherwise ensue. It should always
be remembered (and in saying this, he no
charge against Ministers-of any thing that in their
mind's was not fair and honourable),. that they
were all subject to the laws---laws which were
the boast and glory of England. If they had no
means of averting those alternatives which he ap-
prehended, then the case would be different ;
but every thing required was constitutionally.
.Within their power, and they were bound to act
commensurately with the great principles of ho-
nour and of justice. What was now asked for he
felt to be highly material to the justice of her
Majesty's Ca-se. The enormous, the nlmost death-
dealing penalties of the Bill, should be seriously
considered in/ the minds and bosoms of their
Lordships : they had to consider all those diffi-
culties the Illustrious Accused had to contend
with, the peculiar obstacles which the nature of
the case presented,' and the close and combined
investigation Which the rules of strict justice
wouledemand. Let them cast their eyes to the
ancient times, and at the period when the statute
of William was deethed adequate to the counter-
action of the highest offences against the State ;
by this and' the co=operating laws on those great
subjects, a" list of the witnesses was required by
all to be supplied to the accused, and which he
urged in the present instance should be commu-
nicated to her Majesty's Law Advisers, with a
reference to the 'due and impartial administration
of justice in the serious and important case of the
illustrious accused. The Noble and Learned
Lord concluded by moving---
1. That a List of the Witnesses to-be examined in the Case
of her Majesty, be communicated to her Majesty's Legal
Advisers.
2. That the cOmmankation of such Witnesses shall not
exclude the examitration of any other- Witnesses that may be
judged necessa, y. •
a. That a Copy of these Resolutions he transmitted tq bar
Majesty's Law Advisers forthwith.
The Lon]) CHANCELLOR rose and stated, that
on all occasions, but More especially one like the
present, he felt himself called upon faithfully to
discharge those duties which his situation, and
being a Member of their Lordships' House, had
imposed upon him. The House were emphati-
cally called upon to consider this important ques-,
tion in itS different bearings and relationS. In
deciding upon sitch a case, it was becoming to
look to the principles and practice of those times,
when caSesMore or less similar in their-Hatt/1-es,
were considered of and decitiod upon and they
were not all Owed -to determine for -thetnselves in
matters of fact or of law where precedents
strictly apposite, were. to be
.found clear and ap-
plicable. The great principles, of known law
and of impartial justice were solely to regulate
their conduct, and those
.priociples equally ap-
plied to all the subjects of thertahn. -.No- man
living could doubt that, a list of •witnesses com-
municated. to the accused would be of great ad-
vantage to a person whose duty it was to cross-
examine those witnesses. On. the other hand, it
was to-be considered what the great principles..of
law and justice prescribed, and upon a fair pre-
suming, what mischiefs may „result from such a
disclosure. When they were 'called upon to "a,
strict examination of witnesses in general cases,
and also with respect to the statute upon which
his Noble and Learned .Friend laid so touch
stress, he would. say to him, in the spirit and lan-
guage of as great a Lawyer as ever this country
produced (Mr. Justice Foster) ; that no man of
common sense could deny that that statuteworked
great injustice. His Noble Friend had admitted
that an improvementupon an excellent thing was
still more excellent; but how. was this possible
to be done in this case ? They should consider the
necessity that results from this catfe. When he,
had officially to prosecute for High Treason, he
was emphatically told that he could not examine
a single witness that was not in the list ; that he