The Sun.
London, England, 1820-11-04 00:00:00

ttf.tOropre'llensive i•evieVir of t e evil ace :which
has been offered at your Lordships' B on both
sides of this momentous question, before he de-
clared to the rllottse—th-e.opinion . which -he had
foA-nedNon it. For my own ,s.-I'tisfa.::tion *nd
informati I:should have been 'happyr to listen.
,t
e&any sue k eview: IN° le .and Learned
rhottl , faN, pt/-- t f Thavt.qq.tt
posed upon hiucl?iTtheAituatiA. W. uckhes4tola;
iii this House; but as no such duty existed, I
cannot agree with my Noble Friend in making
that a subject of complaint,- which was the-cor,
rect exercise of the Noble and Learned Lord
duty as a 'Peer of Parliament. It will be re-

Membered,* that ie the opening of the speed'
which the Learned Lord upon the Woolsack ad-
dressed- to your Lordships, he distinctly stated
that he was not,called upon, by any considera-
tion of duty, to" enter into a regular review' of
the evidence. He stated, that ha, was not sitting
here as a Judge, to instruct th , members of a
Jury, bUt that he was a Peer am )ugst his Peers ;
in short, a Juror amongst his fell >w Jurors; sit-
ting, as
,other Members of the Houg:s, to ,explain
and defend the opinion which he had farmeda
after a careful consideration of the evidence, linen
the justice of the case, and the prop lety of the
verdiCt. None of your Lordships will forget
what has fallen from the venerable Peer upon the
Woolsack, when he said that'he.:sat aosongst us as
a Juror, and not only a .3 uror, but in his legislative
capacity. We were distinctly informe.l,nair Lords,
of the opinion which was held by the ',aril Chan-
cellor uponthis measure. He stated to the House,
that the only question for your consideration was,
whether this Bill, a -State'rneasitre, indicting
heavy pains and penalties upon the first Subject
of the realm, should be' passed into a law by your
Lordships, taking into consideration not only the
ends of justice as it regards the question of the
Queen's guilt or innocence, but also the policy or
impoliey of legislosiog upon such charges. As a
Legislator, the . Noble and Learned Lord upon
the Woolsack said, he was bound to deliver his
opinions upon the Bill ; but he disclaimed all
such duty as is impOsed.upon the Judges in. the
Courts. below, when they sum up- the evidence
for the information of the Jury. The Noble and
Learned Lord.upon the Woolsack was bound to
state hia reasons to the !loose for the opinions
Which he. communicated; but I am -sure your
.Lordships Will agree with me, when I assert, that
heswas not humid to sum up the evidence for or
against the prosecution. Having so far stated
what I felt right, in explanation of the duties
really imposed upon the NOble and Learned
Lord, although I feel that his own clear and
comprehensive speech left little or no room
for misconstruction, I shall proceed without ftir
ther occupation of your Lordships' time upon any
other subject than that great question before us---
the Bill of Pains and Penalties. When I look at
the importance of the diScstision in which we are
eengaged, and the great constitutional points
which may be involved in our decision, I con-
fess, sclay 'Lords, tlmt I am distressed exceeding-
ly ; because I am tut!), sen3;ble of theeTvist
forts required, and the confined means which I
can command to strengthen the cause which it is
ray lot to advocate. Painful, however, as are
some considerations which press upon me, ,and
difficult as the task is which -is imposod by 'a sa-
cred. regard to my public duty, I shall not be
deterred from it by any p?rsonal or private in-
ducements. lam here, my Lords, like the rest
of your Lordships, to do my duty, and I will
fearlessly perform it. - My Lords, I have 'read
the history of my own, and almost every other
Country, and they areefull of accounts of Mo-
narchs and Princes raising persons from the lowest
situation in life -to rank, and to the highest sittia-
tions about their persons, and merely from ca-
price and their own pleasure. The Queen -was
living in a country where society was shaken:to the
foundation by revolution and war, and where in
her situation she was doubtful of every -person
round her, especially after the attackemade upon
ber by Ompted.a. ; aad can there be any won-
der she should raise a'perSon to rank, -on whom
she could confide, so that 'he, by the situation
which he held, was entitled to be constantly in
her presence as a guard and protector. I call
your. Lordships not to allow suspicion, (for that
is the extent which the evidence goes even at the
utmost stretch,) to stand in the place of proof.
His Lordship then adverted to the evidence of
Majocci, who swore that the only way from the
Princess's room to Bergami's was through his
room; that he saw the Princess twice go through
his room, in the middle of the night to Ber-
gami's room ;. and afterwards he admitted that
there was another way by a passag My Lords,
if you believe that the Queen did go through
INlajocci's room on
,these two occasions, her
guilt is clear ; if you believe what is sworn to have
taken place at Gen Pints's, her guilt is clear;
if you believe what is sworn by Sacchi to have
taken place at the Villa Brandi,her guilt is clear,
-but these facts are given up by the person who
introduced the Bill. My Noble Friend, on the
cross-bench (Lauderdale), said that there were
some contradictions in the evidence of Majocci,
Dumont, and Rastelli ;
.yet they
.had sworn a
great deal of truth. My Lords, probably there
may, but who is to decide when the important
facts are proved to be utterly false ? The Noble
Lord says nothing at all about Sacchi's evidence ;
he, does not think it worth while to defend it.—
In no case that ever was or ever could be brought
into a Court of Justice, where the consolidated
'evidence wassproved to be false, would the Court
ever allow the case to go to judgment on a single
fact of suspicion or doubt ; for if the main 'pillars
of the case were gone, espeCially if there was a
suspicion of subornation, bribery, and perjury,
which has been all proved to have existed in this
case, no Judge would suffer such a case to go to a
Jury ; and if our proceedings are to be in some
instances assimilated to the practice of the Courts
below, so we ought equally in the present, when
we find that, although facts have been sworn to
that lead us to suspect guilt, that clear, deci-
sive, and complete proof has not been given. His
Lordship then referred to- an opinion 'of Sir Wm.
Scott, against presuming to draw an inference of