The Sun.
London, England, 1820-10-31 00:00:00

Se' L
y. ",e e,Xpetted they were iihOut to call Oldi,
2Lvuti, Hieronymus,
,and others,,,ea to answer the
co'ae; "4'6'4 stopped 'mid ,osek. a different
for a week devoted themselves eu-
to Yto ti.ys.by all means, regillaiand,iiregalar,
ti .out this charge of conspiiracy,' which ul-
withtelY)hoiveyer, thy Were obliged to abandon
the. shame and confusion. Rut then'came atio;•
thi;:euarge, the sending away
= Why,
\Vas. a fact well' knoWn hiS', Learned
W.,flends• As early as the 48th 'of 'September :it
047. Peublicly stated in another, place that he -was•
°ll' the kingdom. Yet on a Subsequent day Mr.
and Shatiril, with the greatest apparent simplicity
cc w!nnoCence, sayB,to the Attorney-General—
Inv LII You now put Hastelli to the bar:"-,--And be-
g told that Hastelli was uot'hiere to be pro-
anti the fire burst out, and all the fury of obser-
kas°t°s all the force of eloqUence, was pouredont on
eon °ll's devoted head, and on the heads of those
Learned Friends
in the prosecution ; and one of his
ut Friends charged on' those:Who sent him
frou With having spirited him away-to save him
of Prosecution andpunishment for the perjuries
Pl,,lieh. it was assumed‘he waS.. guilty. Mr.
11.,:sed Was called and eXaritined; to explain why,
tio--..teni was Sent away. He gave this criPlana
vailic but addition to this, Mr. Powell. was
tir to produce his correspondence with Mr.
cor'''''9 91,1 this subject. It was prodiieedthis
letters was found to consist of several
be:rs writle,, at a time when it could not-have
4 arl Possibly antiCipated that there would' be
Ext,-irsiity to :prodnce them. Yet theSe letters.
ce ,a`wed the transaction beyond a probability
as ;usPhion. 'Colonel Brown had. been charged
Prjheipal in this conspiracy ';'''and' the smi-
to. virtuous innocent Mr. 'Omarti, was called
substantiate this charge. The Learned Cowl--
14'1 than proceeded to comment' on the 'testi-
COull,' of Omarti, and tasked what dependence
he 'Placed on a charge supported by such
Cede"co
i 'lt was said that Colonel 'Brown
• leaded to tare charge by the instructions he had
lea: ' •
-for cross-examining Omarti. He would
yit:eagain say, no such instruction had been
limit'. All the foundation of this cross-exand-
t,q,'°4 Was laid on a letter of Col. Brown's, writ-
-os'irhe time ago, relating the circumstance of
th-tarti's visit to , him, and declaring his opinion
ajul the visit was' a planned Circumstance in con-
',`
et;°ll with Codazzi. Yet, thus 'it was, that
„ charge against the Commission at Milan was
4-111:1Po.rted. He' had now, to the best of his
fairly before
through die evidence, and brought
,`ear'ne'd
before their Lordships' view. His
e4s-arirca Friends, and himself, had perform-
-314 the 'task assigned them by their Lord-
r,,Ps) and had now to take their leave of this
question ; and long and tedious as
Cr laboUrs 'had been, painful AS was the
t
ljn-tY theY had to perform, its pains and its la-
ai-urs had been greatly ameliorated by the courtesy
1,1 kindness of their Lordships, whoSe attention
arl reatly lightened their labours!; and to have
ill'ljred deed,without acknowledging' this' fact, would,
have been ingratitude. Never, he be-
v"ti, had a cause existed in any Court of Jus-
ticeD for which so great an interest had been ex-
ur in which a defendant had possessed
flare able advocates. HerMalesty's Counsel had
4
1114'aled to' every passion on het behalf ; they
'1(1 faithfully and well discharged their' duty to
their illustrious client. He made no, complaint of
4'41) but rather rejoiced thats her Majesty had
1
I,7"essed defenders so powerful—possessing ta-
j
firtts so rare. In the course of their address to
,hear, Lordships, his Learned. Friends had appeal-
ato every passion of human nature—the noblest
4114' the basest ; to the basest of all passions—
,ee•Passion of fear. In that high and august As-
Atil44l.)r—an Assembly composed of the Peers of
zaation, whose character was to despise all
e•tarl- his Learned Friends had attempted to.ex-
One One. his Friends had told their Lord-
"Ps, if they' passed this Bill they would thereby
`al %lit an, act :of -suicide: Another (Mr.
aj°llgliam) had told their LordShips.to pass this
at their peril. The. word peril hung_ long
th ll'the lips of his Learned Friend;• it was visible
'every ont with what feeling he,uttered it, and,
ate for,onefelt surprise
,beyond
.expression that.
Learned Friend should have given utterance:
sentiment only calculated to injure his client.
well. a
e wasware their Lordships dared not do
._
141:stice ; but what jestice required he' knew
Y would do. But it was not at the Bar alone,
lirLordships had heard this langaage,
had threats
4'4 also been held out withoutside • the walls of
lionsei to deter them from doing justice,—
. ~;ive" the name of her Majesty had been enrolled
this cause, though he could. not believe
aiswas with her knoWledge ; if it, was, she
°, mast be arrayed against the Constitution,
th-
Itierarchy, a4ld every order of the State.
.He
• knas vertain this was 'not done with liet.Majesty's
cioalivii(!ge, but by individuals,. who, under this
"oped to conceal their own dark ale.signs;
le .Could believe it 'was with her Majesty s
:,°l'l•edge, he must at the same time believe it
.wish to overturn the Government. Their
a'')tiru•s•hips would look cantiously and impartially
TL:e "id,ence for and against the:Bill. If, on
"al investiaation, they should evenbe convinced
ti()rallY of her Majesty's guilt, yet if they should
rrtk there'was not the. clearest legal proof, their
pl°rdships would.adopt the words of his Learned
tierld, and say to her. Majesty, " Go, and sin
•••° '2','Qre." But if they should be satisfied, after
-a cairn dispassionate 'consideration of . the whole:
case, that guilt was made out so clearly as to
leave riot the possibility of doubt, knowing the
t rlbunal he was addressing, he was certain their
i
fi:Tilships would pronounce that verdict with the
; '4lnOiS consonant 'to the high and exalted station
11
vYni.l •
cathey_were placed.
ai.4fter a pause of a few minutes,
t BaoncaLtat said he on Friday stated that
won letters of the Baron Ompteda had fallen, then
poisjeSslon, and said, he should have con-
, "ed himself as not doing his duty if he did.
to their Lordships to permit their con-
. iltts to be put upon their Journals, and that he
should tender them. The time was now arrived
f
t'r 'taut. to make that tender, and he should, now

state that he Consiaered this eithieke as adniiss
sible on two grounds; first, as to the time of tea:
fiering,il. • In-It•procegding:like; the presents 11-9
time previous to final judgment could be toO late
to tender evidence for the defence, subject to cross-
examination and rebuttal. He must next call
their‘Lordships'.attention .to the way in Which
this evidence was important. It brought home
to Ompteda that _charge of. which his Learned
Friends-observed-so much had been said and so
little proVed. • They would fix him as an agent, one
of the most active—if not one 'of -the most active,
one oldie least scrupulous ; though it was diffi-
cult -to say who was. the. least scrupulous, when so
-little scruple existed on any side. He was like-
wise one of the most anxious to obtain by any
means any thing which he thonght he could
by possibility twist to serve the purpose of
the. cause iu which he was engaged. He
would Prove that the Baron was engaged in con-
junction with a Police Officer; that lie managed
the correspondence between Dathont and her sis-
-.ter, and that too at a time when Duniont was in the
.very toils of the Milan. Commission. Ile vould
,prove that the Baron acted as the agent of Count
Mupster, who was the Hanoverian Minister, and
that he expressed hopes of bringing over Dumont's
sister by Hieronymus, to the party. The Baron
also alludes to her Royal Highness having lately
got several Romaa, servants, and expressed great
anxiety to be informed of. their names'; and asks
all these questions with a bait of 1000 Louis-in
tis.hand by way of-temptation.. These circum-
stances would account for his not calling Hiero-
nymus or Brunette. These proceedings were,
he believed, Hanoverian, and the British Minis-
ters were alien in the business.
The ATTORNEY-GENERAL said, this was a re-
petition on the part of his Learned Friend, of ail
application the most extraordinary and unprece-.
dented he had eve". heard. If he possessed the
talent and the power ot\expression, possessed by
his Learned Friend, he might. indeed exclaim in
his. words, " My Lords, is this a Court of jus-
tiCe'?" -His object was obvious : his Learned
Friend's object was to get an
.opportunity of
making a:speech.; if such had not been his ob-
ject, he would have
.contined his application to
these supposed Letters being received,-and would
not have indulged in the wide field of remark
which lie had indulged in. It did happen that
his Learned Friend's application .was made most
unopportunely. It -was made at, a, time when
their. Lordships had' permitted him to withdraw
for a time in the course of his address. He shoUld
submit, that even if they were admissible .evi,.;
dence, they were tendered at too
.late -a period.
But he must now contend they were not
,admli-
Sible evidence at all ; they were merelYthe. let-
ters -of Baron- Ompteda ; they might state that
he was agent to..the Milan Commission, and de-
tail how lie had conducted himself, yet 'they
could not he received. The declarations of an
individual could not be received, neither could
his letters, which were only his written declara-
tions, reply to his Learned, Friend's, speech,
he would say, allegations proved nothing. Here
was not a -single word as to whom the letters were
addressed, or -When, written.
Mr. BnouquAm.,l,have no objection to give
the dates, and read the letters.—(A: laugh.)
The ATTORNEYZENERAL said, his Learned
Friend's dexterity -might be-good for his client,
but-he-objected that too much of the letters had
been already read ;, and he 'would again repeat,
they could not be received in evidenCe..
• Mr. BROUGHAM did not intend to take -any
Advantage of his Learned Friend by this, appli-
cation.. The letters in question were dated, one,
the 24th of February, 1810,, and the other, the
6th of April, 1810. With respect --to the per-
son. to. whom they- were . addressed,, unless
he. • might be allowed to call ~him as a wit-
ness, he should not, name KM to his. Learn-
ed' Friend. lie was, however, a . person' en-
gaged -in- the .P.olice of Pesaro, and might be
said:to:belong to the home, Department of that
State.--(A laugh.)—He had no wish to beyond
the strict bounds of order and regularity in. his
reply to 'his Learned Friend's objection, as he
was not alarmed either, by the eloquence or fide-
lity with which:ills Learned. Friends had com-
mented on the evidence in their summing up.
His Learned Friend had first accused him of hay-
ing. produced these letters at too late_a period:of
the
,proceedings; but
.afterwards he turned
round, and accused him of coining too early. He
had considered it his duty-to produce the letters
before- their Lordships at the earliestperiod pos-
sible after they cams into his possession, if ,it was
only to justify himself for not having called Ma-
riette, Hieronymus, and the other witness alluded
to by his Learned Friend. had he, in arash mo-
ment, been led to do so, he might probably have
seen them-turn round at the bar ; and whilst they
were •nominally his witnesses, have become,
-in reality, those of . his Learned Friend.
,He
-contended he: had a right to produce these let-
ters, inasmuch as, by the evidence of Ma.;-
jocci, Rastelli, Sacchi, and Hownam, he had
proved Ompteda an agent of the. Milan Commis-
sion, and strewn Maurice Credi on his knees before
the Princess begging forgiveness, and receiving
pardon for the part he had taken iu this busi-
ness, by the direction of the Baron. The
Learned Counsel then proceeded to read several
passages from the evidence of Howriam, Majocci,
and others, to:show how Ompteda was connected
with the case. They might have called Credi to
the charge against the:Baron, had they thought pro-
per. They had .not done so, and Credi was safe
from him, as, whether he was in a Dutch fort, in
the citadel at-Milan, or in the verdant depot at
Cotton-garden, Mr. Credi was equally beyond.
their reach. -He now called on their Lordships
to receive this evidence on grounds that they
could not resist, if they wished to
,administer
sential- justice.. In the Courts below he , was
ready to acknowledge .such evidence _would be
refused, but their Lordships were not sitting as
a Court of Law only ; and he would -ask, would
their Lordships, whilst passing a private Bill, an
ex post facto law, which was utterly to ruin an
-individnal, and
.which .was preferred for party
purposes, and urged on the grounds of state ne-

cessity, suffer thetiiselves to be prevented from
going into full Inquiry by any such argument ?
t The. ATTORNAY;•GEXERAL said, his Learned
Friend had on this 'LIS Mi other Occasions, taken
the opportunity of irregularly making a speech,
and, had .tiot confined himself, as it was his duty
as Counsel to do, to answering an objection to
evidence. His Learned Friend was in the ha=
bit of suiting' his arguments to his purposes
most happily. When it suited him their Lord-
ships were to be bound .by no rules, restrain--
ed by no limits ; at other times their proCeed-
inos were to be confined strictly to, the 'rules
of the Courts below. He contended no. grounds,
had been laid to induce their Lordships to re=
ceive' this evidence ; he should, however, •expe-
rience no alarm if their Lordships were to de-
cide in its favour. Ile denied, however, that
on the evidence there was, any proof that,
the Baron Ompteda was at all connected with the
Milan Commission. It was true Credi was shown
to be on his knees, begging pardon of her Royal
Highness ; but it'did not appear for what. His
Learned Friend had now, for the first time, in-
troduced the name 'of Hieronymus, and many
other topics, which had nothing to do with this
objection ; and he must again complain oftheir-
regularity of his "Learned Friend's conduct in this
respect, who seized every opportunity of making
a speech, whether regularly or irregularly, with
avidity.
The Loan CHANCELLOR said, the rules of the
Courts below certainly were, that the Counsel
should confine themselves. to observations strictly
to cases cited ; but,. after five-and-forty years'
experience, he had generally found them endea-
vouring to deviate from this rule, which was a
rule founded. on sound policy, and the necessity
of adhering to which could not but strike their
Lordships on the present occasion.. Now, with
respect to the admissibility of these letters, he
was at a loss to know how they could be admit..
ted on the' evidence of what Maurice Credi had
said ; for Maurice Credi had not been examined,
nor could they tell what he would have said if lie
had been examined by their Lordships. The
testimony of one man as to what another had said
only proved that man to have said it, but did not
prove that it was true. Upon_ all the circum-
stances of the-case, he was decidedly of opi-
nion these' letters could not be received. by their
Lordships in evidence.
Lord CARNARVON thought the question was
not as to what would be the course of proceeding
in the-Courts below, but what was the character
of these proceedings -before their Lordships ?
Was it to be English or German ? He intended
nothing personal to the Noble Earl opposite, but
these proceedings had been principally-:made up
by agents of the Government of Hanover, whose
sovereign.tras.also sovereign of this country. He
now understood. the measure was to be pressed
forward, and he thought-they could not proceed
a step further in this extraordinary Bill without
thoroughly investigating every step. - He was
decidedly of opinion they, should now, receive the
evidence tendered : without which . they, could
not thoroughly understand the conduct of the
Milan Commission, or do that justice to her Ma-
jesty which, as Peers of Parliament, the country
looked to thein for, • and which her Majesty had
a right to expect at their hands.
-The Duke of -HAMILTON was sorry his Noble
Friend had sat down without making the motion
which he now. -intended to. make. He had heard
the various allusions made to the Milan Commis-
sion, and to Hanoverian agents, and he was sorry
th'e Noble Earl opposite had not in the course of
the several discussions upon them, taken an op-
portunity to disclaim Hanoverian agency and in-
fluence altogether. He could not but consider the
Strict course of justice to he to receive these let-
ters, and he Would propose that the. letters be
received, and should-take the .sense of the House

Upon it.
Earl GREY had originally objected to this
course of proceedings, by a Bill of Pains and.
Penalties, and entered his protest against it. That
course of proceeding had however been adopted
and persevered in for near 60 days ; and, during
that time, they had as closely as possible adher-
ectto the rules of the Courts below. • The, ques-
tion now was, whether in the last 'stage of the pro-
ceeding they should depart from them. lie was
of opinion no case had been made out to call on
them now •to 'do so. The Courts, below certainly
would not 'receive such evidence, and consistently
with their whole course of . proceeding, lie should
Oppose the present motion ; and, if. the House
divided, vote against it.
Lord CARNARVON was ready to admit, that,
sitting as a Court of Law, their Lordships would
be bound by the rules of the Courts below ; but
sitting as a Legislative Body, bound to inquire
into the policy of the measure, and sift it to
the bottom, it was their duty to investigate
every thing connected with it, and to inquire
strictly if this was an English .or a German
measure ; they could not assimilate this procee&
ing to a proceeding in a Court of Law, to which
it had no more resemblance than a parody would
have to a classical performance. If the House
'were to depart from the principles of jus,-
tice, and shelter itselfunder the hand of power,
they might reject inquiry; but •if they were
'to come to a decision as a Court of, Justice, they
could not give an honest vote, as Jurymen, with-
out the fullest investigation of every circum-
stance Connected with this extraordinary Bill:
Before they proceeded further, he would call .on
them to recollect that they were Peers.of Parlia-
ment; that the eyes'of the country .aril of, the
world were-turned towards them ; and that they
would not be doing justice to the people or Eag-
land, or to their Queen, if they refrained ,cruut
going into the fullest inquiry.
Earl GRosvENolr was against receiving the
evidence. They had adhered to the rules of the
Courts below up to this period, and should con-
tinue still to do so.
Lord HOLLAND was already tired of this in-
quiry. His reasons lie had already stated, and
would not-repeat them. lit was, however, against
receiving this evidence for one reason only, which
he would state, and Which. he trusted would prove