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

mighty power, which. is wisely vested by the law,
but which demands a balance, and he is therefore
covered' all over with the armour of the law. Now
was there ever a case more clearly of-this descrip-
tion ? I do not mean to speak invidiously, or to
make any chargts; but only to point out the situa-
tion of the Illustrious Accused. She has to contend
against tbeCtown.and its Ministers, and against all
the powers: and influences they possess. :IQ such a
case, my Lords, putting all :right or precedent out
of the question, I would most earnestly advise your
Lordships* to give the list of the witnesses, unless.yon
can shew me who offered you this advice. that by
doing so you would disturb the balance of justice,
and confer a power to weaken and disappoint the ac-.
cusation however just. Shew me this and I am silent,
but you'cannot shew this without bring prepared to
repeal the Statute of King William, because I ask even
less than by that Statute is compblsory on the Crown.
After the list of witnesses in a case of High Treason
has been delivered, though a fatal omission is after-
wards discovered, it cannot be repaired ; and the
witnesses, though by accident omitted, cannot be
examined ; but in a case so anomalous, and where
there is no law to demand such proceeding, it ought
not to be required ; but what objection then remains
to a list of those that hare at present been determined
on' The Noble Earl has.said that he should prefer
a pioce4ll47 without interruption, but that if thell-
lustriotii Accused, after the witnesses for the Bill had
beeuesaained, should desire time to contradict them,
Gonlothid that it should be refused, but that indul-
gence might come too late. The list of the witnesses
lsgiven, not kierely that those for the Crown may be
contra.lic ed,. but that, L. der cross-examination, if
they are false witnesses, tl ey may be made to con-,
tradict themselves. My Lords, I pray you to con-
sider this—the Noble Earl has said that the question
is not closed, and that it may be re-considered. It
appeals to me to deserve re-consideration. We are
phtced in the view of the Public, and I know we shall
fulfil our duty. The judicial character of the House
of Lords supports all the other tribunals of justice,
and the attendance of the Judges.would be of no va-
lue here, unless our superior character were held sa-
cred by the people, which „I hope and trust it ever
will be: My Lords, I have not made these obierva-
tions from any desire to disappoint or obstruct the
course we are engaged in. When the Court assem•
hies I will do my duty, as if all the angels in HEA-
VEN were taking notes of whatever passed through
my mind on the subject ; but I wish to be placed in
a situation in which I can d.) this duty with safety."

The LORD CHANCELLOR was satisfied that
their Lordihips, would come to the consideration of
this important question divested of every bias that
was calculated to injure justice—he s:ished to GOD
that the same sate of feeling prevailed out of the
House. It was quite shocking to reflect upon the
sta:e of feeling out of doors upon the subject. One
of their Lordships could find no analogy between
tl:is and any other case, except that of a charge for
high Treason, and even in this instance the Noble
Lord had been found to yli)reee!nup the analogy. He
(the Lord Chncellor) bad in a situation where
it became his duty to furnish lists of witnesses to de-
fendants, and he remembered, in four or five cases
of charges for High Treason, he had to furnish a
list of 4.50 persons, who were to be called in to give
evidence. He begged their Lordships to recollect,
that as the law now stood, a party was not at liberty
to call any witness whose name did not appear in the
list ; and such was the extraordinary effect of this
rule, that if a witness were to swear that all their
Lordships were present at a certain meeting, unless
their names were in the list, not one of
.their Lord-
ships could be called to disprove the allegation. In
the proceeding before their Lordships, however, an
opportunity was furnished of calling such witnesses
as-it might be judged necessary to adduce; therefore
the analogy between the vases completely failed.
Unless, then, the House could strip themselves of
the functions they possessed; unless they were pre-
pared to say, that no Select or General Committee
could recede such a Bill as the pri:,..mt, without in-
capackating the Committee or t! House from le-
gislating on the Bill, there was . . weight in the ob-
jection.* urged on the other side. If the inquiry was
to he public, and GOD For' that it should not, he
would ask for the prods: of a single instance in
which a list of witnesses given to the defendant.
It might be proper to postpone the hearing of the
defence, not merely because it was requested, but
because it might be necessary; and he was confident
every man would say, as he should, that the evidence
must not go on until an opportunity was given to
ascertain the Liviracters of those • who were exa-
mined. This was a case to be decided by general
principles alone, and he would ask their Lordships
whether, if they were to establish such a precedent
now, they could proceed in future in the same
manner, which their ancestors had air: up to the
present day ?
'fhe third Resolution was then agreed to, as were
also five others, in substance a: follows :
4. That Counsel should be heard on the second reading In
support of the Bill.
5. That the King's Attorney-General should be informed of
Iteoalution.
6. That the !louse should be called over at ten o'clock in the
morning, un the 17th of August.
The LORD CHANCELLOR said, on the passing
of this Resolution, that it was scarcely necessary for
him to observe, that the Order would be enforced.
7. That no Lord should absent himself from the House, with-
out leave, during the progress of these proceedings.
8. That the Lord Chancellor should be directed to send letters
to all absent Lords, to acquaint them that the House was to be
called over on the 17th of August.
Lord ERSKINE afterwards moved to take the
question for affording a list of the witnesses to her
Majesty into tonsideration on Friday, which was
agreed to.—Adjourned.