The Sun.
London, England, 1820-08-18 00:00:00

• Irlatever.--7--(lYear, hear flte address of
House of Commons, it ,was stated that, it waS' a
proceeding " injurious toAlt.e.besti„ interests of ette.
country." So 'it WAS: felf,tot ottli thae llouse, ,
but gentally by ttie 4.lilic;4o:6that too from
utOtives;, for J hardly-b4eved,-o'lo, any
private motive inthienced any party. Ile object-
, ed, she re fore Dte....,lllll,...,gsatualy,and to _the
motion immediately before theiF, Lordships,
Earl GREY began, by stating the reluctance-
with which he entered upon
_such a sohje,c(as
that.now before their Lordships, and expressed
the pain which he felt in voting with the majority
against the 'motion - of iliSoble Friend near
him-L-(t11.0 Duke of Leiniter). He -was glad,
however, that:an opportunity was now presented
to him of aplaining the vote ,which he had given
with. so much painful feeling.. When: Kis Noble
Friend. Ole Earl of Concannon) stated ob-
jections to:BillS of this kind- generally, he (Lord,
Grey) acceded-to all those objections. But the
motion of his .-Ncible Friend for rescinding the
order of the day,,.had- taken him by surprise'. I t
was amotion for neither- morel nor less than re-
scinding all the
,proceedings which their Lord-
,ships had hitherto adopted, and that, too, with-
out the 'assignment of an y -reason. Under these
cireumstances,- it was impossible for him to ac-
quiesce in a 'motion •so contradictory to .all their
former proceedings.; and it was for this reason
that he-had voted-in a majority on that occasion.
'Mien his Noble Friend- who spoke:last hadsaid,
that all :Bills of Pains and Penalties, as cx post
jack) laws,-. were - inconsistent with the general
rules of British justice, to that declaration he
fully subscribed. But -still he would. maintain
that principle of Parliamentary law, that on all
extraordinary occasions where a great State tie::
cessity 'existed, Parliament • was_ vested with ex-
traordinary powers, and it was the duty of Par-
liament to apply those PoWerS when thatneeessity
existed. But unleSS that necessity. was. shown,
the objections to the exercise of :.such powers were
well founded, and here he couresSed, he found
considerable difficulty. ilis Noble Friend had
asked, what advantage could be expected from
the present ,proceeding, and urged, that instead
of advantage, nothing but mischief could How
from it. If their Lordships": were •now arguing
before any proCeedings were adopted, such ob-
jections ought to have all their. force. If 14
(Earl Grey) were an adviser.of- the Crown, un-_
doubtedly lie would—(Somme:-of the -Ministers,
here expressed dissent.)-L-The .Noble Earl pro=
Ceeded: He did not wish to infer any thingfrom.
the propositions of the Noble-Lord, which they
did. not warrant. But he 'Understood, that they'
had offered her Majesty 50,0001. a-year, provided
she remained•abroad, • and that they would have
her legal character as Queen recognised in sonic
Foreign Court -which she • might select. This
statement he believed to be substantially correct..
bidoubtedly,. therefore, a plori, it must be
granted,, that where so much was admitted, it
was strange,. that the single circumstance of -her
Majesty's• return to EnTland, produced the neces-
,slty of the present Bill. Still this was an argu-
ment pirsOnal to time Ministers. But their 11,9r.d.:,
ships had furthOi to, cooidvr tl,mc siwation in.
which they stood. lyhat was that situation ?
A was made against the Queen of Eng-
. land, which, • if proved,. undoubtedly ~should. be
:followed by every degradation which this Bill
.proposed. 'lle said, if it could be proved,. for,
as yet, he knew not whether it could or not.
Uptin that 'question it , was, that he attended
hereto do. his duty.. No earthly interest-Lno
bias whatever would Preventh im from performing
that duty .—(Cheers from theTreasury' Beneh.)—
lle .was determined neither to support the cause
of the peoples nor the cause of the Queen, as
such, but he would deal *partial justice.to all
parties.-7-(Cheers !)--L-The Parliament then stood
In this situation. Charges were, laid, against the
Queen, which, if proved, rendered, her unworthy
of the high station that 110 W belonged to her.—
:(Ilear,,- hear !)—They had this •alternatire, by
whose .misconduct, .he knew not,—but they had
this alternative before them, either to proceed
with -inquiries,,into, the charges that had been
:made,..-whichif substantiated, :necessarily would
bring- degradation, on her character, -or. else, with
these charges so made,_ to abandon all inquiry—
to raise her to the, eminent rank of
,9ueen of these
realms, with those important 4arges unheard.4and
undecided.. When Such an,alternative was plaCed
befOre them,, he 'thought, :that his Noble Friend
would have brought very grave matter indeed,
' under" heir Lordships'. notice, before he, propoSed
. to stop all further iavestigation: , Without time
prodUction of such.,matters•he 'could, not abandon
what he deethed th be his duty,- nor would he.
shrink from itearing the whole of the charge.-7-
The'Only question' then,before ,Lordships
wan, this whether that charge should -be proceed-
ed upon ~by a Bill of. Pains and Penalties. On.
this point'he must say, he felt very great doubt.,
if e felt strongly the general objections to the Bill,
and he thought it must be admitted if there were
no other course of proceeding known to time law,
that the course now proposed was a lit and ne-
cessary course.. But. before he admitted, that he
must be satisfied, in his own mind, that there is in
truth no other course. In the firsts place it was
saidi that her Majesty could not be prosecuted,
because the charge against her did not amount to
High Treason.. 'lie certainly felt greatdiffidenco
in expressing an opinion contrarY„ or rather.
doubt of an opinion delivered 'by so high ap, au-
thority as the Noble and. Learned Lord on the
Woolsack, particularly as that opinion had been
pronounced so decidedly. If lie (Earl Grey)
understood the Noble and Learned Lord rightly,
he first expressed a doubt of the correctness.- of
the generally received construction of the Statute
of Edward 111. but he had no doubt—that even
if, time received.construction were true,.by which
construction the two parties, the PrinCipal and
the Queen, were -considered equally criminal—
that :if that construction were true, still, .as the
crime charged was said to be committed abroad,
and with a foreigner owing no allegiance to this
country,. he, was'exempted from the penalty, and
by consequence 'she could not be charged as an
accessary. When he heard the Noble and

j Learned Lord state that lie had VOA h long life,
tl.r~ early part -of it in the study and the latter
part-TA it in the 4titriinistraticmoiAlnr-law--when
.he heard the NOble and Learned- Ldrd asith ill
"his . acuteness ;and intelligence,: with a mind not
disposed todii kit rawidlyotate .that lio.,:hati ac-t
•quiehN.:aq • ' Opinion V All t, •.zriters'UPqn
tk
:tEe",:stibject rani IN fttre*co.-04& . qktsittiat, 44:
he,mpst be alloveed
,to, place the • previous calm
'opinions .of the Noble and Learned Lord in op-
psi tion. la Aoubt : which- WaS-- SO -Slitl4l4y-
-4nd so retentlysuggested.- Besides, the .Noble
,end and Learned Lord expressed no 'more than a
doubt, as
,to ;the construction of the -Statuto, -and
111 this state of the case it became their Lord-
phips in .the first- place, to satisfy themselves ,Whe'-:
her.his Lerdship'sieciiStruction , of the: law.was
sound or not. He was sure it was-unnecessary to
I •
state •to their Lordships that every-writer On"thiS"
question, Lerd,Coke, Sir, M. 'Tale, Serjeant Haw-
kins, anti' Blackstone, all Concurred in the opinion,
that both the parties in such'an adultery,- where,
the Queen-was, consenting, were equally guilty.
the Noble Earl 'proceeded Upon this 'basis to
argue, that: if, both were equally- guiltY., it was
not necessary,-in order to. support , the prosecu-
tion of one; that bothShould.be proceeded against.
lie tgreed with his Noble Friend that the charge
against-'ter" Majesty "should' be -dearly pointed
out ; and that in ;the way •of evidence nbthing.
should satisfy their Lordships short of the clear-
est, the most overwhelming, the most irresistible
Protilef adulter)%—(Cheerg..)—No general charie
could -justify 'thetri in finding her guilty: It
should be -sustained by the most positive evidence,
and by witnesses superior to all suspicion. •' But
before -they 'proceeded to hear evidence, he wish;
ed, as they had properly required the attendance
Of the Learned Judges, that the'question should
be :pet .to theni, Witethe'y, supposing such a case
ef adtiltery to have occurred, iccame within the
t Statute of Edward .111. The Not& Lord:then
proceeded to contemi,:that if the Learned Judges
Should answer•in thetiflirtnative, then it was com-
petent. 'to the Government to prOceed against her
Majesty alone. The Noble Earl- adduced-sere.;
ral arguments in- favOur of ' his proposition.—His
object: was;( that . the present proceedings should
lie quashed, and proCeedings taken, de itovo, un-
del':thOpitatate of Edward the Third. Not that
ile'AVished.to,. subject her' Majesty to thettlanger
of suffering' the penalties of that Statuteovhich
were-al•varianee with•the humane-spirit of --the
`times. These penalties,.he would•prdpose tore:
.peal, as to the present case;, and he would give
her Majestyitll the benefits of .a Bill under the
Statute, one,,of which would be, that she should
have a list of the witnesses. But if, after all, no
proceeding, was found pOgsible but that by Bill
of Pains alnkl'enalties,. he would then feel it his
duty, however painful, to act judicially, being
firmly persuaded that
.substantial justice . would
lie done to all parties by their tOrdships. Of
this he felt persuaded, for' he would not counte-
nance those chargos which had been made ap-,ainst
their Lordships" administrattota, of justice,--,-
(Hear !)---.Though he' believecl;fliat tikek :Lord-
ships were 6opietinies wistaken in poiititgi yOt he
did not believe that thq-Aiotild ever',-rdule!to do
justice. He.saidithus,,ronni4,as- he' did'ziot wish
to give any encottrageinetit to-such chargdaS
were made-, believing.that In every case pure sub-
stantial-Justice would be administered.nt "their
Lordships' , hands.4—(hlear !)—But if they, pro-
ceeded;withOut satisfying the doubts which he
felt, he would , Support the motion of his Noble
Friend. • .
The, Loan Cna.:;cELi-on.explained his opinion
on the law of Ahe question. The point was this
;supposing the, crime to 'have bevA:coinmitted
by,lter Majesty abroad with . a, foreigner,' owing
no allegiance to this country, did that amount to
high treason in her Majesty ? lie 'all;iwel'ed No.
:She • could only 'be guilty- 'of tonSenting 'tii- a
crime. But no crime wasicommitted, because a
foreigner could not commit such a crime against,
this country ; and' it followed,, that her Majesty,
even supposing she consented, could -not be said.
fie law to have 'conmaitted an act which,. by the
statute of tiWard,,could be construed high trea-
son. It •was -not. a violation of the Queen. or: of
:the wife'Of the eldest son: of King within the
meaning of that statute. i: ;. , .

The tad of. LEVER.POOL admitted thatmothing
could be more fair- or
,Candid than the whole
statement of the Noble Earl who had spoken
last but one. He concurred perfectly in the
sentiment which he had introduced -at the doge
of his speech. If the question was tried at the
bar, as he iioned it would bsilie was sure
drat e Lord would .lesl 414. he,
was sitytteit'ity g i :Nuala)lejUdicial capacity and on .a
with which no political bias hatsoever
e 'Pei-Milted to interfere. For his
own Part fie should feel that no one how-
ever closely connected with him, should
shouldea -b
be bound to consider any other interest in the
question than that which he,owe-d. to his own
,
conscience, as a Per and; as a
characterthe Noble Lord (Caspar-
mde .4tieli objections as he- had
stated that day, was beforeAhe second readii*. of
tin. Bill had' been fixed. "TrAtad'sited„.that the
Bill ought to be got rid of altoetber. The pre-
sent was not' the time to review the conduct of
w
his Majt sty's C overnnnt,. hnt hen the time
arrived he should feel no ditli.sgkty iii %indicating
the course pursued by himsp-iiiid his colleagues.
The question now Iras,"jvi'hat-was bet to be done
with a view to the public tranquillity,. to their
duty towards the Illustrious Individual, and to-
wards the country at large ? lle assMned, for
the sake of argument, that the charges were true,
and that they could be proved ; but 1u had never
attempted to conceal that, even with that assump-
tion, it would be better to have avoided any pro-
ceeding, if that could be done. In his opinion it
might have been avoided had her Majesty remain-
ed abroad, but he felt no shame in acknowledging,
that from the moment she came to this ,Country,
hegave up that opinion. On, the arrival of her
Majesty in England, Government must ha\ e
done one of two things-7-either they must have
acknowledged her,as Queeu, with all the 'rights
and privileges of her situation, or they must have