The Statesman.
London, England, 1820-06-28 00:00:00

been properly or improperly constituted-- how far it
had been properly or improperly contineted ; but of
this he was sure, that the Illustrious Person for whose
benefit the whole proceedings srf Parliament were pre-
sumed to be conducted, was entitled at least to say,
" Let me have no more Secret Commiasions—let use
have no more ex parte inquiries." Where were the
rules defined and laid down whirls made it nere+sary
to institute a Secret Committee hi-fore the introduc-
tion of a Bill of Pain. and Penalties i• If such a pro-
ceeding were intended for the benefit of tier Majesty,
she should at least be permitted to make her election ;
and he would venture to pronounce that her Majesty
would disclaim the benefit which was proffered by
this House. Such a proceeding was not necessary to
any one act of justice; on the contrary, it was calcu-
lated to prejudice her cause in the public rye, and to
interpose another delay in a case which he believed to
have been much injured by the delay which had
already taken place. As long as there existed a hope
of averting the public eyes from this inquiry altoge-
Cier, and preventing disclosures so painful to the Il-
lustrious Personages concerned, all delay was com-
mendable and necessary; but from the moment that a
solemn accusation bad been made, all subsequent de-
lay in bringing it to a positive determination was at-
tended with the effect of unnecessarily agitating
the public mind, and prejudicing the emir of the
Illustrious Personage who was accuser!. As far
as he was individually concerned, if by atteutlirg
that Committee he thought he could I ontrii•ute in
the remotest degree either to close these painful pro-
ceedings, or to facilitate any measure which wield lead
to an amicable arrangement. without that publicity
which every man must he so anxious b • avoid, therein'
no concession, no sacrifice, which he would not cheer-
fully make to accomplish so desirable an object. He
confessed, that he entertained a fault live that such
would he the case, until circumstances occurred in the
other !louse of Parliament which rendered such a re
suit extremely improbable. If this proceeding unfor--
1 titnately did gar on, lie should endeavour to discharge
1 Isis individual duty as strictly and is CollbeielltiOUSly
I as he trusted every sine of their Lordships would do:
'and he prayed to Hod that the proceedings of that
House might be conducted with that attention to
former precedents, and that apprehresion as to fume
consequences, which might nut only secure the strictest
justice to the Illustrious Individual in rised, hut wield
contribute to raise their character individually Anil cul-
' teeth ely in the estimation of the public.
1 The Loan CIIANcELLIOR obaerved, in eaplanatian, that
I in the year 17113 her Majesty, Queen Anne, sent dun it a
Message to that House, and to the House of Commons,
stating that certain Papers hail been communicated to
her relative to a conspiracy in Scotland in favour of the
Stuart Family, and that this House had examined the
Papers with the view of determining whether they should,
lace upon them in their legislative capacity. In the year
1720, a Bill of Pains and Penalties against the South
Sea Directors had originated in that House. It was ex-
tremely important to take a distinction between the ju-
dicial and the legislative capacities of the House of
' Lords.
laird Mixon:names Raid, that he certainly 'amid not
agree with his Noble Friend as to the propriety of with-
trawl ng himself from the I asassnittee. He t bone ht nu
reasonable man could object to the conduct of his Ma-
jesty's Ministers upon this occasion. They had not lost
1...
a moment in bringing the stilt t before the considera-
tion of Parliament, and tire louse had lost no time in
taking up the Royal charge. and appointing a Secret
Committee for its investigation. lie could not consider
the examinations of the Secret Committee as a trial, ur
even as the c meat of a trial, hut merely as
a preliminary proceeding, for the purpose of determin-
ing whether any trial should rake place at all.
Lord Launcitoaut said, that it was with rreat regret
that he felt himself compelled to differ with his dulls
Friends upon this most important question. lie could as-
sure their Lordships that he frit most anxious that the
I illustrious person accused should receive a fair trial ; but
he was anxious also that this House should do it+ duty to
another Illustrious Person, who had felt it the to Isis
idignity an4l honour to bring forward this arcusation.
Tbe Queen had, he observed, sent counsel to the Bar
to ask that opportunity ph .old be afforded to allow her
to send for witnesses before any inquiry was instituted.
But he would ask, how it was possible for her alajesty
or her Counsel to determine what witnesses it might hr
necessary for them to addere, until it was known that
charges were to be preferred ? It appeared to I' , in-
deed, that it would have been wiser on the part of the
Queen to require that the Its-port of the Co, 1111 l ittee
should he brought up before she was called upon to col-
: lent evidence for the defence against any diarges which
, that Report might recommend. With respect to the
motion of his Noble Friend, he felt himself called upon
to vote against it. Ile had now, for about fusty years,
had the honour of a seat in that House, during which
be had frequently liven a Member of Secret Cosianiitters
upon the atihjeti of finance, and of the Batik for in-
stance, and he was willing to confide in the conduct of
. the Ministers who sat iu that House, from what Ise hail
witnessed upon such occasions ; for althoss, these Mi•
1 misters had often expressed very strong opinions in the
; Nouse in opposition to his own, upon pre:lions referred
j to these Committees, he had always found them in 'such
Committees ready to give every due contirleratitm to any
brought forward. Looking, then, to experience,
e caleulated upon similar coolness and impartiality of
investigation upon the present occasion ; hr should vote
in favour of the propoution, for the sittings of the el/lll-
luitlet, in which he was appointed he should certainly
attend, because he was determined to do his duty.
I.ollls LANSDOWN and LAVIDtRUA LI: explained.
Lord HELII.I-ax declared that he could nut abstain
from expressing his intention to vote for the motion,
while he was not at all inclined to oppose inquiry 'sr"
' this subject. On the contrary, !lidera, he was au at co-
' cats for inquiry, but it was for such a public and open
inquiry as was agreeable to those principles of British
justice which be hail always been taught to te,
and not for any mode of inquiry which was inconsistent
with those principles, and especially when the party 'r-
eused so strongly obected to it. The Queen, he could
readily suppose. aught see reasons for this objection, of
which the Howse was not competent to decide, and par-
thislarly from iser knowledge of the machinations ens-
ykyed against her ; and, therefore, feeling it Isis duty to
ield to leer appeal, he would vote for the motion.
Lord Butatairs regretted, that on this occasion he
was called upon to differ from those with *bout he
usually concurred; but from a reverence for those priu-
ciples of British jurisprudence which, since he was a
bow at school, he had been taught to hold sacred. be
fortis his duty to vote fur the motion. lie could never.
indeed. alkaWhimself to assent to the violation of those
principles. whatever might be the rank of the party sw-
eated. and therefore he should be equally tenacious, in
this incase,. whether the accused were merely Mrs.
Branswiek—(A laugh)—or the Queen of Ragland.—
(Hear, bear!--The Noble Lord again declared. that
he differed wills pain from those Noble Loth with whom