Star.
London, England, 1820-11-07 00:00:00

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PRICE SEVEN-PENCN.

TRIAL..OP THE QUEEN.

true that heovas ordered to hold himself in readiness to return,
• - but that be never,was sent for. . . . _ .
' PROCEEDING'S IN Tling.;l49l7SE OF LORDSE The Earl of LAUDERDALE wished to explain himself nn
two points: the first was, that he had been represented to state
- . '(ln emiiitiontiditfrilim;tiOni Edition eifesterdaYs &A=.) * that Hownam was an unwilling evidence. He was obliged to
• - • - (The e Marquis of Liosnowe in cientinuationi.
, • his Noble Mends ; for they had made his case stnonger thante
. had made it himself—(Goes e No, so!)
!rens bnly'lry being placed in tertaitt states of relationship that Earl GREY said; that although his Noble, Friend had a right
.the virtues were called into action.; andoutof them it was more .to explain, if he had been misrepresented, yet he had no right
titan probahle"they woad never have a being. .It would ihen, :to combat all the arguments that had been brought against him.
have consid'erablevirightleitetheir - Lordships, that the person The Parlor LAUDERDA I.E.—"J do not 'Loose what my
charged with not having acted up to the- dignity of her statism, Noble iFriend Means, but I must ui, where a witness gives
was under- her own siffitary controul, unsupported by any of ,•testireony 'unwillingly; it becomes more important. lam ac- t
thbee authorities *lda regtilite the ctinductof society—(tfear). cused of adding make,weights to the charges against the Queen."
Into such au eocodryog thisathe House s,hould .not go, for the ' Lord SUFFIELO did not think this Wan any explanation
purpose of pronuuncing a judgment at all, much less with the at au. . . . • . .
view of passing a till of -Pains and i'enalties(?fiter, heor).—. The Earl of LAUDERDALE, with some warmth, aid,
He thought that the House were bound to look at the cone- " Then Ido not know what explanation is."
quences of the measure in all its possible bearings—that in the The. LORD CHANCELLOR saildj the A*Feble Lord etc
present stage of it, they not only might, but must, if they. doubt wished to explain, but he bad eertaloly gone beyond ek-
did their duty as men, as patriots,..and as legislators, consider lanation. • .
as well its expediency as its justice. The Noble Earl opposite r •
p
The Duke of NORTHUMBERLAND, - could sot. consent
(Lord Liverpool) had stated that there wits no diffri"Cee liie". o g‘vo a silent vote on so painful and important a sibjed. But,
tweet this and any ordinary Divorce DA ' Suitt, inutia . • Rec. at46nding to the whole e the evidence, to the speechei of
thought came rather strangely from the Noble Earl, who had Coninsek nod •to the arguments of Noble Lords, he felt in his
directed their •Lordships through the whole course 'sof the pro- .conscience convinced that a long course of indecept familiarities
ceedingsa• and who, at the very introduction of it, had pro- and of adulterous intercourse had taken place between the Prin-
posed a Committee to search after precedents—not oi Divorce cats of Wales and her servant Bergami. With this impreseion,
•Billi—but of 'Bills of Pains and Penaltien--(Hear, heir)! he could not consent that her Majesty should remain Qieen
The Report of thet Committee had carefully excluded all men- Consort of England, and at the bead of the females of this chaste
tion of Divorce Bills, as ben::: quite inapplicable to the cese in. and moral country. I feel no heatatiou in saying that I shall
hand ; :int' it was rather too much now, when their Lordshipe give my vote for this Bill as it now stands—(Hear, hear). Un •
came to ft el all the weight of. a Bill of Pains and Penalties less by some minor proceedings it may be effected, that her per-
pressing on the head of thiS tlinstthrus Individual, to turn-round tonal influence shall be removed from us—(Hear, hear). I for
and say, Oh, it is nothing more than an ordinary Divorce !—the one, would recommend a course of that description for the pur-
very thing which it had heen tit:leers:diy agreed, in the out- pose of avoiding all angry feelings; for "cannot but remember
set, that it was not! If ever an intelligible difference ex- her Royal Highness was the dearest daughter-in-law and niece
isted, it. RIC 4 NetWeefl an ordinary Divorce Bill and the pre- of our late venerable Sovereign, that she is descended froth a
sent one of Peies and Penalties. The differencewas•as great race of heroes—Wear, hear)—and, above all, that she com-
as betweni a Bid. dm the relief of the subject, and. a Bili fur menceel her career In this country finder no very auspicioue.cir-
inflictieg pnidebnwet. . Balls of Divorce wedoinvatiahly in- cumstatiCes—(Henr, hear).
tended for the re.ief 'Of the subject; "and when penoltio were Lord HOWARD, would not consent to give a verdict against
at any time 'introduced, they were. inertly 'ateeseary to the her Majesty On the evidence of De Mont, Majocchi, Itastelli,
main object, which was certainly not the infliction of pu- and &weld, all of whom were discarded servants. Kress had
nishmente la. Bills of rains and: Peoditien on- the coatrary, been comptlad to give evidence against the Queen, and the
the-main object was punishment aand if anything affording re. Baron d' Fade who would have been an evidence fur her
lief crept in, it was niefely accessary. • The whole scope of them Majesty; had not been brought over to this country. Taking
was not to do favour to any one, but to inflict punishment not• Into consideration these facts, he could not vote for the Bill.—
provided for by the laws. If, after this explanatioe, their'Lord- This was a legialativetneasure,andawithout yielding to popular
ships could really think to stand justified to their coticiences for clamour, he must say, that no law that was very objectionable
any hardship which might Attend this proceeding, by saying that should be enacted. The house of Commons, he believed, would
it was only a Bill of Divorce, he would only say, that never never pass the llill; and deeming it inexpedient, and that the
had justice bean more partially measured out; If this Bill had charges had not been proved, he would vote against the second
any distinctfon from other Bilk, it was itelts beinemore violent readiae.
in its operation than any other. At all
.tinges. Bills of Pains •••
The6Earl of ENNISKILLEN.—" My Lords, having been
and Penalties had been unpopular measure*, not with that rabble one-of those who voted with the Noble -Earl at the head of the
who were described as entertaining an opinion on this proceeding, Treasury on the first reading of this Bill, and having attended
and who Gould be little aware of the nature and effect of it in a to the whole of the evidence, and endeavoured to understand
constitutional point of view, but with all those thinking ciasses it, I conceive it to be such a mass of contradiction and sus•
of the community which formed the most valuable part of its picion, that I stinild not convict any person on it ! and, there-
moral force. Nor was this surprising, since it was a mode of Tore' I give my vote against the second reading."—(Hear, gear.)
proceeding which every author who had written on it had held Lord CAL'f lIORPE was not surprised that, on a.question
out to the abhorrence and execration of their readers. A which, from its very nature, admitted of every shade of moral
Blackstone had shrunk from the consideration of it, from a and political consideration, Noble Peers should differ in the par-
fear. that to treat of Bills of Pains and Penalties might imply ticular view they took of it. Entertaining, as he did, a convic-
that they formed part of the Constitution ; a Paley had openly tion 'that misconduct of a disgusting and degrading nature had
stigmatized them as a departure from all law ; and could their been proved agninst her Majesty, he still could nut give his
Lordships be surprised that a communitioso instructed and in- vote for the present Bill, when be looked to her peculiar situation.
Penned should entertain the deep-rooted aversion to them which Had the case aipinst her Majesty; been fully proved, and that
they did? Could they be surpriled thet this aversion was in the her conduct. had been as licentious as it was represented, yet,
press tit Instance peculiarly strong, when the Pt of the Bill rem unless it had been proved that she had voluntarily resigned- bet
pending was to depose, to degrade, and to punish the Queen of the connubial rights, which was not the case, he, even then, must
Country? With this knowledge of what public opinion is, and think that the present was not the proper mode 4 proceeding I
looking at the particular, bearing of the measure, their Lordships The Noble. Lord thought the house of Peers had neglected
r were bOund, as legislators, to consider on (•is in any other case of their duty, as patrons and guardians of public morals, In
'et taw) the effect it was likely to have on the People. It could not not remonstrating with the Prireess of %Vales before she quit.
he-sufficiently impressed on their Lordship; that they were tcd th:s country: they should have told.. her, that she was
passes a law, and not a senter.ce—that they were not ad- 'orfelting the' best protection—the protection Of public opinion;
ministering any existing law of the land, but were, on a 54p-
abed (oundatiun of expediency and public utility, passing a that she was quitting a country where morals were rigid, for one
-new, Taw, which like other laws must find It's own way in pob- in which they were more lax ; and that she was subjecting herself
. lie opinion. - With reference then' to the effect which the tura- to increased temptation. Me would ask their Lordships if
sure would have on public opinion, nothing could in his opinion this was the time to expose Kingly power ; or to pass a Bill
that would throw odium on his Majesty as a husband, as a
justify •this most vialeut application of a violent measure,
•
King—or as the Head of the State? Was chi; the time to ask
((need on nothing but a bare presumption—a presumption the Royal Assent to a measure of ouch an important nature
arising nut of a pbssibility—that possibility arising out of the
as the degradation of the Queen Consort of the Throne? Under
feet et her Majesty having five years ago reposed under such circumstances, he could not vote for the Bill, or suffer
an awning, to protrct her from the intolerable heat of the it to go a single step farther towards its conclusion. As voting
sun, where an individual of the name of Bergami happened to for the second reading would be appearing to countenance
be reposing at the same time ; from which possibility of adul- a principle he could not sanction, he must give his vote against
tery being committed, the 'grand conclusion had been inferred, it. He thoughtthe conduct of the Queer, as proved,was of a gross
that great scandal and dishonour had been thrown on the
country ? Scandal and dishonour ! In the eyes of whom ? and degrading ensure; and he felt that such conduct ought not
In the eyes of none but Garguilo and Paturzo. They welt. re- to be railed by soft and tender names. he was sorry that the
presentativeeof Europe on that. occasion--(a laugh).—lt was inBouts, anpresent, had no alternative but that of a virtual ac-
' their eyes that the character of our country was dishonoured; 'quittal of the Queen, or of passing this objectionable Bill,
and it was from their pure and honest retard for the vindication which, In its origin and its nature, was highly objectionable.
of our national honour, that the Milan Commission of enquiry, —lie wished some mode was found, such as was suggested
and the present Bill of Pains and Penalties had proceeded. If I
by a Noble Lord on Saturda last Eilenboroug ,h), of the
I owe expressing its feelings o= the the conduct of her Majesty, as ,
their Lordships looked for any other evidence of the exist-
once of this scandal and dishonour, they would look in vain. proved in evidence before their Lordships. Ile believed, with
a Noble Lord who had spoken, that public opinion would come':
11 they were led to affirm the preamble of the Bill, it must be right at last : but he conceived it one of the evils of this mea-
from very different authority than anything which • had been sore, that it had enlisted generous and compassionate feelings on
proved at their bar. There yet remained one circumstince
more, which required their Lordships' most serious consider- the side of licentiousness. The House owed it to itself and to the
mischiefs of country, which had a large claim on it, for having poured forth
atiun. Public opinion could not appreciate all the
this measure ' regarding it as a precedent for the rut
such• a mass of 'disgusting evidence as had done inure to poison
Some Noble Lord, who had spoken in support of the Bill, had It
public morals than anything that ever had occurred in this country.
It was due to that public, to make every amends in their power,:
quoted cases of Bills 'for altering the Succession. Would those
who did so admit that a ease of presumption was sufficient do and to record, that they are not the patrons of vice, but of vir-
tue! The Noble Lord then proceeded to eulogize the Earl of.
alter the succession to the Crown? Would they shew what Liverpool, who had brought a new power into the discussion—
there was in the case for this Bill, which was not equally applj-
the power of personal character. Ile thought it was due to
cable ton case affecting the Succession? The object of this Bill •
the honour and character Of the British female, whose virtue
was said to be, to save the country from the great evil with was the chief ornament of society, to record, by an address, or
which' it was threatened by the operation of her Majesty's ex- a resolution, their sentiments as to the conduct of her Majesty.
ample- on the morals of thecowatry. - He alluded to nobody—he His Lordship concluded by declaring his determination to vote
looked only to the general hypothesis that Kings and Queens of against the Bill.
various characters must succeed to the Throne of these realms-- The Marquis of STAFFORD did not mean to detain their
and were their Lordships tote told that when any number ot Lordships for any considerable length of time; but still he
individuals chose to see in. the conduct of any individual, either deemed it necessary to express his sentiments on an occasion of
in possession of the regal dignity; or in the immediate line df
succession to it, what in their minds was unbecoming example such paramount importance. Whether he was called on to sup-;
—were they to be told that this was to be made a ground for port the second reading of this *Bill on the ground of justice or
deposing and depriving them?—(Akar, hear) Was that the of expediency, stilt the measure appeared to him objectionable..
The Noble Lord on the Woolsack, in the course of his speech,'
sort of precedent with which the supporters of this Bill wished had said to their Lordships, "Be just and fear not !' Ile
to enrich theconstitutionalhistory of the country? If it was not, echoed the sentiment—
On-what ground 'Could their Lordships advance further in this pro- --.e-- "Be just.and fear not ;
ceeding? Once lay this down as constitutional practice, and let Let all the ends thou aitn'st at be thy country's,
`three or four more such precedeots arrive, and we should come Thy GOD'S, and truth's !"
at once to Elective Monarchy ! Their Lordships might be startled lie wished to proceed according to this principle; and, having
1
at the term, but the fact was undoubted. It was the whole prin-
in view the interests of honour and justice, and the safety and
ciple of Elective Monarchy to look at the effect of the personal I
welfare of the Constitution, he must vote against the second
character.of the individual entrusted with the reins of power.
reading of the Bill-(Hear, sear!)
Hereditary monarchy rested on a notion that the Constitution Lord DE CLIFFORD considered the whole of the evi-
had provided guards which made the personal character of the
• donee for the prosecution tainted With falsehood.—ln looking
Monarch a matter of indifference—(Hear, hear).—Once remove
tbe line—once establish the right of enquiry into the moral fitness !
la at the question, he could not help adverting to the unfortu-
of the Sovereign, and there would never be wanting persons to'' nate differences which had existed for several years between
undertake such enquiries, and by them to a:danger and con- ! the Accused and the Illustrious Personage most nearly allied to ,
vulse the country. Tice Noble Marquis now Made an eloquent . her—and that 'enough Lad been stated to prove that her Majesty I
appeal to those of their Lordships who might be disposed to . could net remairf in this country with advantage and comfort to i
herself. lle could not but feel that this Bill would be rejected
vote for the second reading of the Bill, in the hope that it ! in some stage or other; (Loud •crie,s of Hear!) and, in his °pie.
might afterwards be mitigated; and maintained, that to rely on ! moo, it would be a
any such hope would only lead to irreparable inconsistency. advisable to get rid of it at the present mo..
ment--(Hear, hear). Ills Lordship concluded with declsriag
Up to this moment the House stood clear of imputation; a few I
hourswould decide whether they would send down their names I his resolution to vote against the second reading of theTHAMBiII. I
Lord GRAN said that upon this great question he 1
to posterity with the infamy of having, on a bare presumption,.
passed an Act to degrade- and to punish a Sovereign of their . differed from those with whom he generally voted.. It hada
he said at the beginning of these proceedings that the Ilbuse
_eoutAtrytess(llii Lordship sat down amidst loud cheers), ' should be governed in their decision by unswepected evidence— i
Lord MANNERS explained such parts of his speech as had
been alluded to by the Noble Marquis. (Hear, heor).—lle had attended to the evidence mostlninittely,
I-but could not give. it that character—(hour)—and the lionse.
The Earl of LIVERPOOL admitted .that there was not was now employed in making a law to meet an offence ! lle saw,
proof that Sleard had heat sent away in order to facilitate she many *difficulties in the progress of the Bill through this House,."
adulteroM intercourse ' • as it appeared, from his evidence. that and through the other House. No human foresight could reach ,
,he left ern badness Ice bet Royal Piiituessi and it was also thaw ditficultks, and he was coaviocod that the country would be
. .

• --- -- • • . - - -, -
1 served best, if the measure was at once put an end to I He wsi
aware that the loss of the Bill would be mating of triumph to
some factious character=, Who cued no more her the Queen
than prey did for the Monarchy-*-(cries of Hear, hear, Scar ! )
but he knew it would be but a temporary triumph, and that the
geocrias'e and feeling' Of the country would soon set the quer
tion upon a right founcistion. - If the case were' common one,
upon which &verdict of Guilty or Net -Crudity were to-be peo-
nouncede he would have to consider that there had been a great
deal of contradictory evidence; but he would also have to look
at the grave and heave; suspicions with which the Accused was
overwhelmed. Although he would say not content, he could pot
, ay his hand upcn his heart and say not:ttilty•-(Heervitear). •
. Lord BLESSINOTONT,..fici; her Majesty's guilt rested or ly
;on presumption, supported by bad witnesses. He concluded.
'with expressing his conviction *that the allegations ivere die-
tproved and unfounded, and he !should therefore vote against
khe Bill. I
Lord GOSPORD said, that' he had hard enough of evi-
dence to place him under the painful 'necessity of saying guilty
go the charges; but to pursue the measure would be, in his opi-
nion, extremely inexpedient. Ile was not afraid of popular
"clamour, but he felt ceinvinced, that the feeling of the loyal pert
of the community was decidedly" against the measure—(Hear).
He could hot see how any man could' vote for the Bill without
the divorce clause--(Hatr, heat),'—cud he could not see how
any man coup vote foethe BM with thatelause--(.4krogi;ll4
tries of Mar, hear) He ended by stating that be would vote
against the second- Veading. '
• The Duke of A'fHOL assured their °Lordships In never rose
with so heavy a heart. Ile had !attended to the evidence and
the arguments, and he must say, that he considered the Queen's
guilt proved by her own evideece. If he did not state this to
the House, feeling as he dirl,•he should norrhink bionielf worthy
remain within the walls of Parliament.' '1 heir Lordships were
and to protect- the morals of the country, which Auld not be
rte without particular attention to the authority over the con-
uct of the female pact of society. It became necessary, for the
urpoee of keeping immaculate the Fair of, Great Britain, that
he House should mark its sense rit such conduct as had been in-
eontrovertibly "proved against the Queen. I4e hoped the Bill
i'leuld be read a second time ; and he should do all in his power
to effect that bbject.
; The Duke of SOMERSET ekpressed his dissatisfattion at
the evidence against the Queen, and reprobated rheinserference
of Foreign Powers ; who had not only been employed to obtain
evidence against her Majesty, but to withhold evidence in her
favour—(Heerr,•lrear).—lle called upon the House to consider
that her Royal Highness was a foreign Princess, and had been
educatedabrad ; and that her Mann: i s had been notorious for
their freedom.' Ile admitted that her conduct had bt•enextra-
ordinary, imprudent, and hardly to be accounted ler ; but there
was nothing in the'evidence which could lead to a conclusion of
guilt. Toe Noble Duke concluded by stAtint that he dissented
altogether from the Bill—(Ilear, hear, lu or). • -
Lord G RENVILLE rose amidst loud rriee of Hear! He
had, he said, hoped, that he should not have been called upon to
state his opinion upon this painful subject; but their Lordships
having ordered the attendance of all, he felt bound to mention
the grounds on which he should give his vote. The duty he had to
perform was eft' a judicial nature, and he had no wish and no hope
to influence the opinions of others. lie was bound to say that
after a long examination of all the evidence, that the strongest
judicial proof of guilt had been established, that an adulterous
intercourse had been much too sufficiently proved—(Hear).—
The Noble Lord took a minute ourvey of the evidence, and de-
clared, that dpon weighing the whole, he had no doubt what-
ever en Ms patt, that an adulterous intercourse h 4 subsisted
between her Majesty aod Bergami. It gave him deep pain to
pronounce this opinion, but his conscience dictated no other.
And he would say, that if theft. Lordship's should come to the
conclusion that there had not'been a sufficient legal presump-
tion of guilt established in this case, they must then determiee
that in no future instance would any tribunal in the country be
justified in holding an adulterous intercourse proved, except by
ocular testimony—a specks of •proof impossible to he liad in
ninety-nine out of an hundred of the most undisputed cases of
adultery. The expediency of the measure was undoubtedly
to be Litton into account, and beknew no stage of the pro-
ceeding in which it ought to be more considered than the
present. He had given the subject the greatest consideration,
and the result was, that he saw no other Parliamentary mode
of vhitieg such.gailt as that which bad been proved, excePt_tirst
present !Mid Pains and Penalties. He had heard much Of tie
popular feeling on the subject ;?but, amid all the mischiefs with
which the State was threatened, he saw none greater than what
would result, from a sudden asiA abrupt' termination of the pre,
sent proceeding, instead of going through with it to a just and
satisfactory conatision:
The Earl of ROSSLYN rose amid loud alts for the Quer-
tion. The ciliation of his Noble Friend who- had'jnst spoken
was, undoubtedly, entitled to great weight; and it was next PO
' .mpossible it should not have great weight on the votes of their
Lordships. Ile (the Earl of Roselyn) could hot, for one, how-
ever, assent either to the conclusion to which his Lordship had
come, or to the arguments by which it was supported.—
Ot the alleged familiarities with the courier Bergami, of which
the Queen had teen accused, not a single act was proved on
evidence worthy of credit. When he saw agents employed to
corrupt eviniesse, and rewards held out in prupoition to the In: ce
of the charges made, must he not Kok at sued evidence with
great suspicion ? The greatest pGrtiu:: of the charges had been
abandoned by the advocates for the prosecution, and yet they
clung to evidence which they acknowledged to be suspected.—
The polacca charge, to which so much impoitance had been at-
tached, at the utmost, only amounted to suspicion, and some very
unfair inferencei had been drawn from it. The circumstance of
Dilni-gers permitting the Princess to live three years abroad,
after they had become acquainted with her conduct, aiipeared as
if they connived at it. The Bill,was not thought expedient when
the scandal-was fresh, nor when the Pr iacess lived three years
in Italy ; its expediency only commenced on. her arrival in this
, conntry. Their Lordships had been told that they might alter
the preamble in the Committee, but unless their Lordships be-
lieved every tittle of the preamble proved, they could not vote
' for the second reading. The Noble Lord than animadverted
in strong terms on the conduct of the prosecutors of the Bill and
of the ,!Clan Commission, who, it' truth had been the sole ob-
ject, would have called those respectable witnesses who were best
acquainted with the conduct of the Princess. If this Bill was to
be carried as a measure of state expediency, it was to put down
public opinion. The Public had judged of the evidence, and would
judge of the conduct of their Lordships : they would also look
at the prosecutors; they would see that many of theft Lord-
ships who were acting us Jurors, were the prosecutors. Their
Lord:hipe ought to be anxious to maintain unimpeached the cha-
racter of that Utilise, and not to Weaken the public confluence in
their decision. If the divorce clause was thrown otit,land the
degradation of the Queen persevered in, then might sit. be
loaded with the more odious epithets, and yet she, by such a
declsion, was still declared to bt good enough tn. be the wife of
the Ling. Such a proceeding would be mimic tii the King.
Notwithitaading the public ..pinion, and the probability if the
House of Commons rejecting the Lill, he must ectice the-bare-
ship of the Queen, in being subjected to this troublesome trial,
under such manifest disadvantages, and which were a strong ag-
gravation of the hardthips to which she was subjected; and,
where so general, and eager a sentiment of affection for her per-
vaded throughout the country, was not such a Measure calcu-
lated to give a wrong bias to public feeling, and a dangerous in.
tive to popular disaffection?.--(Hear, hear, hear ! )
[The Noble Lord had scarcely finisheil speaking wkda a load
cry was riejsed of `, Ilitktlrtne, tri:ltdraw"--" Question, /Unhurt:*
which lasteifor several mieuies.l
Lord HOLLAND rose and said, be did not think there etas
any necessity of strangers withdrawing at the present nomotA.
because Npble Lords were pleased to call for. the %%lido; Tar
if he riehtly uedirstood their Lordships regulation peal; gad,
the course would be, first of all, that cacti 10117461 Pee;
would be calk:el on noneby
o ttrcotou ntethnet,r artablteec wtorith the Chao_enounces
t
opinion of" Content," or
I cellor will declare the numbers, and if any Peer then called f r
a division, of course strangers would withdraw.
The Earl of LIVLIWOOL stated, that he apprehended the