Star.
London, England, 1830-08-27 00:00:00

CHAMBER OF PEERS, Atm. 23.

The President took the chair at two o'clock. The Duke of Orleans
attended in his place. The President communicated to the Chamber
several letters from Noble Peers, announcing their speedy arrival to
take the oath and their seats. A letter from the Marquis de Perignon,
stating that be coincided in a part of the principles avowed by the
Viscount de Chateaubriand, and that he gave in his resignation upon
the same grounds as Viscount d'Ambray, was read.

The Duke FITZ.JAMES rose to address the Chamber in reference to
the letter of the Marquis de Rouge. The Noble Peer said, " Since
the sitting at which 1 took the oath, I have not seen the Marquis de
&pup, the Peer said to have signed a letter published in the Quoti-
Menne, which gave rise to a discussion at the last sitting. I think
it my duty to make this declaration before I enter upon the matter
in question, because I feel that I have to deal with a Ministry that
is somewhat captious." The Noble Peer repeated that, when he
took the oath, he thought he was following the wishes of him
whose misfortunes he respected ; but, at the same time, he had
no reservation, and pronounced the oath as a man of honour.
The Duke then took leave to tell Ministers that it was but a pitiful
opening of their career, to criticise letters and give a forced construc-
tion to words which may have slipped from the pen. lie thought it
would be better for them to occupy themselves with more important
cares, and think of the public good, and prepare against the storms that
were gathering over their heads (strong sensation). They should, above
all things, endeavour to satisfy the country that the revolution accom-
plished by the public would promote the public interests and the laws,
and not merely serve the interests of a party who abused the victory, by
using it for the indulgence of their private resentment. He concluded
by expressing a hope that ministers would not believe that any Peers re-
tained opinions or sentiments different from those they had avowed.—
The Duke s's• Broglie, Minister of Public Instruction, replied that it
was not his disposition to search too deeply into men's consciences, but
that when motives for taking an oath were publicly assigned, the very
act made them liable to discussion. The President then read a letter
front the Marquis de Rouge, avowing himself to be the writer of the
letter published in the Quolidienne, but at the same time declaring that
he took the oath purely and simply. The Chamber declared itself sa-
tisfied with the explanations given. Count Simeon, Reporter of the
Committee appointed to take into consideration the letter addressed to
the President by the Prince de Polignac, rose and addressed the Cham-
ber to the following effect :
Gentlemen,—The grand and terrible event which has just changed
the entire face of France, has given rise to the arrest of several of the
ministers of the late government, members of the Chamber of Peers or
..1 tlie Chamber of Deputies, who are protected by articles 29 and 44 of
the ( harter. the former article declares that no Peer can be arrested
without the authority of the Chamber; the latter, that no member of
the Chamber of Deputies can be arrested or prosecuted in criminal
matters during a session, unless taken in fkiranti deficit), until after
the (*handier has granted its permission. The penal code awards a severe
punishment to an infraction of this constitutional decree, unless in the
ease of fitlyraati deficit), or public clamour. This guarantee, which, no
doubt, prevented the local authorities proceeding beyond the mere arrest
and detention warrantee! by the public clamour which existed, is that
a hich Prince de Polignac claims by his letter of 12th inst. from Sta.°, ad.
dressed to the President of this Chamber. The Minister of Justice has also
considered it his duty to acquaint the Chamber with the arrest and de-
tention of the Prince de Polignac at St Do, and the Count de Peg-
ronnet at Tot:re, in order that in consequence of the impeachment
against them proposed by the Chamber of Deputies, the Chamber of
Peers in its wisdom may take such measures as to them may seem meet.
The letter of the Minister of Justice to the President of this Chamber,
dated the 21st inst. together with that of the Prince de Polignac, were
referred to the committee, as whose organ 1 have the honour to make a
report to you upon the subject. The committee conceived that there were
two queztions for their consideration : I. Whether the guarantee could
be claimed ? '2. If it could, what measures the Chamber ought to
adopt ? Upon the first question we do not think that the responsibility
Attached to the office of Minister, deprives Ministers who are Peers or
Deputies of the guarantee granted to them by thecharter. Every Minister
who is a Peer or Deputy is liable to be called upon to take part in the
deliberations of the Chamber of which he is a Member. They
must not therefore be prevented by any arrest which the officers of
Justice may allow themselves to execute, sometimes through an excess
.a zeal and at others with a culpable view, in order to prevent a
Feet or Deputy, whether Minister or not, from biking a part in a
discussion in which their influence is feared. This guarantee is given
less to the person than to the public good, to the freedom of de-
bate, and the regular march of the Government. It is sufficient
tar the purposes of justice, which are the power of apprehending'
:my person accused of a crime or offence, that Peers or Deputies'
may be arrested without any express warrant from their respec-
tive Chambers, if found in flayranti defied°, or where a public
clamour exists ; in such cases the arrest is urgent, necessary,
and just. subject to explanations which may cause it either to
cease or to be maintained, according to the decision of the Chamber

to which the person arrested may belong. There is, in our opinion, the
less doubt that the quality of Minister does not deprive a Peer or a De-
puty of the protection which belongs to him as such, as, accorchsg to
Art. 21 of the Penal Code, this protection is guaranteed to Ministers
who are not either Peers or Deputies. This being admitted, the next
question is. what steps ought the Chamber to take in this eau ? If a
Peer or a Deputy were arrested and detained for a slight offence, or upon
weak or doubtful evidence, we should unquestionably insist upon the
protection granted to him. But the Prince de Polignac has been ar-
rested in consequence of a public clamour which has pursued hint by
reason of acts which may bring upon him a vast responsibility. We
have been officially informed that the Chamber of Deputies is pre•
paring an act of impeachment against him ; and who, under
such circumstances, could entertain a thought of sheltering
him front so high an accuser ? It appears that the Prince de Polignuc
considers himself as not guilty, since he asks permission to retire
abroad. It is not by a hasty liberation, which would amount to an
escape, that he ought to obtain the power of doing so. Ile has the
right, as it will be his duty, to defend his innocence; he will be al.
lowed every means, and will be tried by upright and impartial
Judges ; but to set him at liberty would be the greatest, and at the
same time the most incredible, denial of justice that can be conceived.
Since he is under arrest, it is impossible not to suffer the law to
take its course, and pronounce upon his guilt or innocence. We have
no need, as some Noble Peers think, to be formed into a Court of Jus-
tice to come to a decision upon the application of the Prince de Po-
lignac. We shall not be executing a judicial act ; we shall be
merely refraining front demanding in his favour the Constitutional
guarantee. We are not about to issue any warrant against him ; we
shall he merely authorising a detention, which, in fact, has not been
made by any order of ours; we allow it to be available, because it has
been called for by public clamour imputing to him grave and recent se-
rious offences. We grant this authority not as Judges, because there is
not as yet before us any form of process, but as Members of one of the
two Chambers, each of which has the right of putting an end to a de-
tention made without its consent. I have not made any mention of M.
de Peyronnet, because he has lost, by Article 78 of the Charter, his
right arising out of the character and quality of a Peer. The impeach-
ment with which he is threatened will, nevertheless, he judged
by this Chamber, for the two-fold reason that the misdemeanours
imputed to him were committed when he was a Peer, and because
all impeachments brought by the Chamber of Deputies against a
Minister must be tried before the Chamber of Peers. But it toes not
belong to us to authorise his detention, since he is no longer a Peer.
Ile himself tacitly acknowledges this by not making any appeal to us, as
the Prince de Polignac has done, wi:it whose arrest alone we have to
occupy ourselves. With regard to him, I have the honour to pro.
pose the following resolution :—llaving considered a letter signed
Prince de Polignae, written from St. Lo, dated the 17th of August,
and addres,ed to the Piesidcnt of the Chamber of Peers, by witich,
after announcing that he was kept in detention, he claims the bene.
tit of article 29 of the Constitutional Charter, promulgated the 14th
instant. Ilaving considered the letter of the Minister of Justice
dated the 21st instant, by which he informs the Chamber that the Prince
d: Polignac had been arrested at St. Lo, and the Count de Peyronnet at
Tours, in consequence of public clamour, ns authors of acts which form
the matter of an impeachment at this moment proposed to the Chamber
of Deputies, and by which he invites this Chamber to take such mea.
sures as it may think fit, this Chamber has come to the following de-
cision :_ln conformity with Art. 29 of the Constitutional Charter, the
Chamber of Peers authorizes the arrest of the Prince de Polignac
made at St. Lo. As to the arrest of the Count de Peyronnet, made
at Tours, after considering Art. 78 of the Charter, the Chamber
declares that there are no grounds for taking it into consideration. The
Chamber of Peers charges its President to transmit this decision to the
Minister of Justice." The proposition TM adopted. The President
announced a message front the Deputies, accompanied by two law pr.,-
jects—one relating to pensions to be granted to the wounded, and the
widows and orphans of those who fell in the late contest, and the other
relating to the new oath. A report was then brought up from the Pe-
tition Committee ; after which the Chamber adjourned.