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

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ih.......e.. ..* ; _ i____ -•-- - second readings if Divorce Mt WO 140E1114k We
how the Learned Counsethad gone beyond the lino, with referent* to a 'case of etis 'peculiar kind, ler
• prescribedv -*gm . . till:slight no unnecessary delay
next he
should be given, and
Mr. BROUGHAM then resumed, and pressed the ge- he had distinctly stated, that on ,Menday
steral line of argument he was engaged in, repeat. shouldpropose the day which he should deem pro.
jag, that it was the principal wish of her Majesty, per for the second reading of the Bill; that course,
in thus recurring to their Lordships, to deprecate all he still meant should be pursued, .and he trusted*
further delay, and to conjure them to decide upon full attendance would take place. 'He repeated, that
the Bill as expeditiously as the forms of their Lord- on Monday next he should proposes. day for the se-
ships' House would admit; her chief object being coad reading of tbe Bill in.question, ild moved that
so secure to herself that which the humblest of the for that day the Lords shOuld be summoned.
King's subjects were entitled to, namely, a full, fair, Lord HOLLAND sari. the Noble Earl opposite
and impartial trial. had proposed to postpone the further consideration
Mr. DEN
then addressed the House. He said, of this. subject. Queens by her Counsel, had
that, having been commanded by his Illustrious prayed at their Bar, that the trial might proceed with
Client that morning to enforce her demand at their all possible speed ;
.and he now, under such circum-
Lordships' Bar for an immediate prolecution of the 'characteres, yelled on Ministers, for the sake of their own
Proceedings that had been instituted against her, he , for the sake of her Majesty, and for the
could, slot be said to be wholly unprepared on heir sake of the country, to suffer no unnecessary delay to
Lordships instructions, that her Majesty's Counsel interpose in opposition to the wishes of her Majesty.
should confine themselves to certain points. He then When the Noble .Earl talked of Bills of this deserip-
urged the absolute necessity under which her Majesty tion, he wished to know what was his meaning ? He
was placed to relieve her character at the earliest wished to know tO what description of Bills tonel
• moment from the severe, imputations that had been held to belong? Was it a Bill of Divorce, or of
alleged against her.. However-imperfect her means Pains and Penalties? If the Noble Earl wished to
of defence—howevet.deprived of the instruments,to regulate his conduct by precedent, he must look to
repel the deadly attacks upon her honour, her Ma- former Bills, and to the manner in which they had
jesty was anxious to meet her accusers face to face—if been brought in. If he did this, he would find that
possible at this very instant—but, at furthest, after all delay after a Bill had been brought in, was un-
the lapse of 24 hours. Her Majesty required nothing usual. There appeared to be some foundation for one
at their Lordships hands but justice. It was his duty of the reasons urged by the Noble Earl for the delay
to separate the question of time from that of charge; intended to be proposed. if proceeded_with irnme-
it was a Bill of Divorce and Degradation, without a diately, they could not have the benefit of the assist-
verdict of a Jury, and without sentence pronounced ante of the Judges of the land, which was most
in the Ecclesiastical Court, and at the same time they anxiously io.be wished for on this awfully important
were. told that the charge had been known for sit occasion. This was the only good reason that he had
years. He was aware, in a case where the Sovereign heard suggested for the course intended to be pur-
was a party, that the proceedings he had alluded to sued. It however appeared to him, that when
were not necessary ; but if that was not the case, her they were about to. institute a punament not sane-
Majesty would have had an opportunity of defending turned by any existing law, they ought at least to give
herself in both Courts, and it would be then a question the accused every advantage that could consistently
whether, where a wife was abandoned by her husband, be afforded.• He called upon the Noble Lord to say
would not be a mitigation, where a divorce was asked what he. meant by ~necessary arrangements ?" - Did
for? He begged not to be understood as confessing guilt he mean. to say that time was wanted to enable Mi-
on the part of the Illustrious Lady accused, but as nisters to bring forward further witnesses ? Was it
her Counsel he used the argument. She called for to be understood) that the evidence which had been
no delay ; she was only anxious to see at their Lord- laid before the Select Committee wasnot now thought
ships' Bar the witnesses that dared to accuse her.— sufficient to bear out the case—that it was not suf.
He, as one of her Majesty's advisers, wished to have ficient to carry them through the inquiry ? If it trati
a list of the witnesses that were to support the accusa- intended to bi ing forward additional evidence, this
tion, and he could not conceive how it could be de- ought to be so stated by Ministers. Unless this were
the case, he could not sec why they should wish for
nied. The charge was thought by some to amount
further delay. Ministers had been in the possession
to High Treason ; if it
by a Grand Jury, who share obliged to was such, a Bill must be
be of the evidence laid before the Secret Committee for
found
open Court, and on that oath to inquire more than a year, and if this were deemed sufficient,
sworn in lie could not see why they should not be able to pro-
whether there was ground for finding a Bill, and if
the Bill was found, a•list of witnesses was handed to ceed, when such was the wish of the accused, to try
the accused party, for the purpose of inquiring into the merits of the question without delay, instead of
their characters ; but in the present proceeding that asking, as they now did, for time to make further
advantage was denied, and he did not know but it Preparations.
might be considered, 'by his Learned Friend and The Earl of LIVERPOOL said, the Bill now be-
himself, to be their duty to abandon her Majesty's fore their Lordships was a Bill of Pains and Penalties,
and who
defence 14 that reason, and leave it in the hands of wholly different from a common Divorce Bill.
corn-
those who had brought forward the accusation.— The same deliberation was not necessary in a
From the reign of Henry VIII. there was no piece- mon Divorce Bill, where an individual prayed for
relief, as in a case like
dent for such a proceeding ; as from that time every ,was to be decided, and the present, where the fate of
individual had been dealt with alike, and made the Queen of England where
to the law of the land in the same way. the course of proceedings so deeply affected the ho-
amenablene had heard of Bills of Attainder ; but the only ex- nour of the Crown, and the moral interests of the.
case he had ever heard for them was dire necessity, country. This was not the case of an individual, but
which did not arise in this case. When he considered a state measure, brought forward for the relief of a
the Commission which had been sitting in a foreign' nation. To him it did not appear that it ought to
it was when
surprise
country, and what passed in it regularly reported to excite proposed to deter till
the Ministers of the Crown, there Monday the fixing the second reading of the Bill. It
could be no excuse
for delay. There was another circumstanceit had was to be remembered that her Majesty's Counsel,
trial might pro-
come to her Majesty's knowledge who the witnesses who had that night prayed that the
were, and if they were one hundred times as many, , ceed with all possible expedition, had the last time
all she wished for was, that she and the Public shonld they appeared,at their Lordships' bar, desired that a
be informed of the contents of the green bag, as delay of ten weeks might be allowed to enable her,
Majesty to prepare for her defence. He begged that
she had no fear of what it contained, for she knew
he might -not be understood to speak in any way dis-
the infamous soar ct: it sprung from. She not only
respectful of the Learned Counsel who had advised I
wished for a list of the witnesses, but she considered
this course. They might be justified in calling for
the contents of the green bag to be her's and the
delay on the former occasion, and yet have very good
Public's property. He had no guide to go by in
reasons for praying now that the trial might be pro-
arguing this case but that of the common law) and
seeded with immediately. But after the request
he considered the Secret Committee to be a Grand
Jury, and their Lordships the higher tiibunal.—" All which they had urged on the former occasion, it
I entreat now (observed the Learned Counsel) is, that ought not to be a matter of surprise if things were
we may be granted a full hearing, and not denied
not in such a state of preparation as might other-
an opportunity of entering into the proof that "the wise have been expected. On Monday it would be
conjugal relation has been violated towards her Ma-
for their Lordships to consider whether they would
jesty in every particular. If you proceed without Prosecute the inquiry forthwith, 'or whether some
a further delay should take place. The importance of
:arty inquiry into those allegations, I cannot help it.
f
I have done my duty in stating them to your Lord-
securing a full attendance on this occasion, and oascertaining when the Judges could be present, must
ships, and if justice is to be done at all, my con-
be
viction is, that it cannot be done without entering felt by every one, and these considerations, after
into the investigation which they suggest. —lf
hearing her Majesty's Counsel at their bar that night,
•
anything that I have stated should appear to bear would, he thought, make the House feel that it would
be
bard upon the stronger party, let it be remembered right to take till Monday to determine on the way
that it is the stronger party has advantages which in which it 'would be most desirable to proceed.
the weaker does not possess. It has been said that The Marquis of LANSDOWN,• though not pre-
this Bill, though it proceeds to degrade or divorce, pared to say that the trial ought not to go on imme
ciiately, vk as of opinion that twenty-four hours ought
is not a Bill.of Pains and Penalties. Is it no pain, is
not to pass before Ministers came to a decision whe-
it no -penalty to her Majesty to be accusell on the
tiler they would proceed to the trial forthwith, or
Report of a Secret Committee, without having any
not. He wished them to consider whether the ends
opportunity of hearing the charges against her, or of
knowing who were her accusers? I say, my Lords, of justice would be promoted by the course now sug-
that if ever there was a Bill of Pains and Penalties in gested? and,
if not promoted, whether it would not
the strictest sense and meaning of the word, the Bill
be detrimental to them to interpose four days of un-
necessary delay? Having hitherto had the good for
which I now hold in my hand is one. But this is
not all. Not only will this Bill, if carried, have the tune to prevail on their Lordships to agree with
effect of punishing her Majesty, by degrading her them in all they had proposed, be thought the Noble
from the rank and character which she holds as Earl, who now stood in the situation of a public ac,
Queen, but she may be liable to impeachment also, curer, and his colleagues, ought not to require four-
inand-twenty hours to determine whether ;hey would
which case your Lordships would be her Judges.
Is it then, I ask your Lordships, too much that her proceed with the inquiry immediately, or whether a
Majesty should request, or that your Lordships should more tardy course would be preferable. They ought
grant, a speedy inquiry into the charges pending not to hesitate, in deciding how this great and- =-
against her? I feel, my Lords, that I have not done P°rtant business should be proceeded with, one day
my illustrious Client, but I longer thrat was necessary; and he therefore prayed
justice to the case of
adopt every sentiment uttered by my Honourable the Noble Earl to consider if he could not_be pre-
and Learned Friend, and I trust those sentiments Pared to-morrow to state what his view of the subject
might be. Their Lordships not being in possession
bare strongly impressed themselves on your Lord-
ships. Let me then, my Lords, in conclusion, im- of all the circumstancesof the case, could not decide;
plore you to do that justice to her Majesty, and that but the Noble Earl, befog in possession of them,
could, whether it would be right to comply with the
too as speedily as possible, which she had too much
wishes of the Illustrious, though accused Personage.
reason to fear would not be shown to her in the
course of these proceedings." who was the subject of these proceedings, or whether
After the Learned Counsel had withdrawn, a contrary course Was to be preferred. A delay of
The Earl of LIVERPOOL rose and observed, four das might materially interfere with the attend-
By Monday, many or all Of'
the question as arising Qut of what was advanced by *nee of the Judges.
the Counsel was, whether they should go on in the them would be depudng to perform those duties
course decided upon, or hurry on the next import.; , which usually devolved upon them at this period of,
ant stage, of the Bill in twenty-four hours I For the r.v. Under these .circumstances, he called upon.
the haler he thought no adequate ground whatever . the Noble Lard to say whether he would defer com-
weateid. Ilbe !nein, &weal between the fest end ; bqg to a dedelea tie the Out is question till noulay ?

The TA of CAXNARVON put it to thew
ships, :what Inuit be the feelings of the country, if,
after the steps, which had been already taken, it
should be considered n for them to separgte
before they, could detine w at further should be
done? Ministers ought to be prepared to static
codrse it was their intention to take, and they ought
to have no private motives for postponing their deci-
sion on the part they were now to act. But there
was one business now in preparation which he thought
might not be improperly postponed. He hoped it
would not be supposed that the Public were to be
amused by a Coronation, and led from the consi-
deration of this question, to run like bels to a puppet
shew. He thought, at a time when a question of such
importance, and one that had excited such general
interest, was pending, that an attempt on the part of
Ministers to captivate by
.gaudy pageantry would
provoke resentment, and bring down upon them ge-
neral execration. It would not be well, that they
should place the King in a situation of pomp and
parade, while his Consort, the subject of an awful
inquiry, awaited-the judgment to be pronounced on
her case. He hoped that a different course would be
pursued, and that he should not have the necessity
of bringing this subject again before the Home; and
that the King, if still advised to urge his Coronation
at this time, would consult the wishes of the. People,
by 'departing from such fatal counsels.
Earl GREY hoped, that what had first fallen from
his Noble Friend would be attended to by Ministers.
He was persuaded, that expressing the painful feel-
ings he had en the subject, his Noble Friend but ex-
pressed the opinion of every feeling man in that
House and the country. He thought the Noble Earl
ought to have been prepared to state the course that
was meant to be pursued, and he did not think that
it would be too much to urge the Noble Earl to state
distinctly what were his views even that night, when
he called for delay ; at all events, by the next day
he ought to be ready to enter into an explanation.
The dispositions and arrangements to which he had
alluded, could only depend on one of three things—
the time required for producing witnesses to support
the Bill:—the steps necessary to ensure so full an at-
tendance in that House as the importance of the case
demanded at this period of the year—and the ar-
rangements necessary to securing the presence of the
Judges to assist with their judicial advice, without
which it would not be safe for them to proceed.
Now, be would ask, which of these circumstances'
could be pointed out, which had not been ltng, or
which might not have been long under the considera-
tion of the Government, and on which they ought
not to have been prepared to come to a decision at
once? With respect to the witnesses, as their testi-
mony had been in the hands of his Majesty's Mini-
sters for the last twelve months, he must suppose
that they were all ready to come forward whenever
tEey were waited. With respect to the attendance
in that House, it was certainly of importance that a
full attendance, throughout the long and important
inquiry about to be instituted, should be secured;
and this might be a matter of some difficulty at this
advanced period of the year. But the difficulty and
inconvenience of attending the House, their Lord-
ships, he was satisfied, would feel as nothing. when
put in comparison with the discharge of their im-
portant duty ; and on this point the Noble Earl and
his colleagues ought before now to hive decided—
As to the Judges, the arrangements for the Circuits
'having already been made, it seemed almost impos-
sible that the House could have their assistance if the
inquire were brought on immediately. He then
named the periods at which the Judges were to be
at various parts of the country, and shewed, that
without interfering with the whole course of the ad-
ministration of justice, it. was impossible to procure
the attendance of the Judges at this period of the
year. This he thought an additional reason why the
Noble Earl should be called on to-morrow, to state
what were ;he circumstances under which it was in-
tended to prosecute the inquiry, and the time and
mode of proceeding. He hoped the Noble Earl
would be piepared to state his reasons on the follows
ing day. Ile could not think it possible for him to
be unprepared to do so, though it might be incon-
venient, and he therefore called upon him to make
his statement to-morrow instead of on Monday, that
the House and the accused party might without
delay be put in possession of the manner in which k
was determined to proceed. Feeling that it was of
importance that this information should be given
without loss of time, he should move, as an Amend-
ment, .1 That their Lordships be summoned for to-
morrow."
The Earl of LIVERPOOL had no particular ob-
jection to to-morrow being named, but being per-
suaded that whether the business were brought on as
rapidly as the 'Queen's Counsel had desired that it
should come on, or was put off till the Judges should
return from the Circuits, whatever decision might be
come to, the period at which the inquiry might com-
mence would not be at.all affected by the question,
whether the decision should be taken to-morrow or
on Monday. He therefore could see no reason why
the House should not have till Monday to determine
on the course, which, under all the circumstances, it
might be most advisable to pursue.
Earl GREY said it might as well be decided to-
morrow as Monday.
Lord DARNLEY wished the House to proceed
to morrow to determine when the second reading of
the Bill should take place. He thought the Corona-
tion ought to be postponed, and was sorry the Noble
Lord on the Woolsack had not listened to what had
fallen from his Noble Friend on the subject.
The LORD CHANCELLOR begged the Noble
Earl's pardon, but assured him that he had heard
every word that had been uttered on that point—
(A laugh)
The Earl of DARNLEY proceeded to state, that
the general impression out of doors was, that the
Queen would come out of the inquiry innocent. With
this impression, he put it to Ministers, what would
be the feelings of the People when they saw their So-
vereign crowned alone, entertaining the opinion that.
his Royal Consort ought to be crowned with him ?
He hoped his Noble Friend would not find it neces-
sary to make a specific motion on this subject ; but
he earnestly implored the Government to consider of
it, and to advise their Sovereign not to persevere in
what were understood to be his present intentions, as
doing so might possibly lead to results to which he
would not more distinctly allude.
After a few weds from Lord BILHAVEN and Earl