The Statesman.
London, England, 1820-10-18 00:00:00

THE QUEEN.

Lord CALTLERIAOII moved that a Select Committee
be appointed to search the Journals. of the House of
Lords for their Lordships. proceedings respecting the
Bill of Pains and Penalties against her Majesty.
Mr. Tteaxxv suggested that the motion should
embrace the proceedings of this day, which was
agreed to.
The SPEAKER then named the Members of the Com-
mittee, consisting of Mr. Broughatn, Alv. Musicisson,
Mr. Lone, and several other Members.
The Sea:Area then moved that the Committee
should proceed forthwith to the performance of the
order of the House. which was agreed to, sad the
Committee retired to the Exchequer Chamber for that
purpose.
Lord Jour RI:SII'LT. note and stated, that he held
in his hand, a Petition from the Inhabitants of Ply-
month, signed by 21)00 persons, being a larger num-
ber than ever before addressed that House on a politi-
cal question. After taking notice of the proceedings
now before the House of Lords against her Majesty,
under the Bill of Pains and Penalties, the petitioners,
cousidering such a mode of proceeding as unconstitu-
tional, and dangerous to the safety of the kingdom,
prayed the Members of the House of Commons would at
once reject the Bill should it be brought before them for
their assent. The Noble. Lord stated that when the
petitioners entrusted this their petition to him for pre-
sentation to that lionse, they added a request that he
world support its prayer ; and although he should not
now enter into an examination of the evidence ad-
duced in support of the Bill, he had no hesitation
is saying that be so entirely disapproved of the prin-
ciple of the Bill, he should most certainlyy?r. onto,.
its admission into that House ; but he hoped it
would never find its way to the threshold of the
House. He must indeed be permitted to say that the
result of the evidence was nut such is in his opinion
to render it necessary for the Qom. to rootless her
defence. With respect to the people of this country
they appeared to be of the same mind with himself;
end in this point of view, looking at expediency
alone, be could net see the utility of pressing a mese
sure which professed to have for its object the pre:
serration of the public morals against the force'
of a bad example. The people were of opinion
that the charge of setting a bad example was not
proved egoistic the Queen. The people disbelieved
it, and therefore the ides of passing the Bill to prevent
a bad example was idle and absurd. The Noble
Lord concluded by moving that the pctitien should be
read.
It was read accordingly ; and ea the Epithet put- I
flotilla ganders that it should hi as the table.
Mr: Locomen? rose, and expressed his perfect"
laisoidemee with the eradiatd, of the NobliLord who
bad jail sat down; He sessiderod the Bali of Pak.
teat Prealtirs not ody. most sueseatitodsual sod
iujodidess, het aumetc.yislout sieossro, sad tales-.
*al to usteeitor the 4* of the mitlsikr-elasseed
Sir tOPI. rre .Th• Ustilowoble elPsderesi ibis es-
ibtad Tito a very learned asamiaselas 1 the molts-
disallow at the emery, sod roosodad to mar out two

propositions, the establishment of chisel. Of which
would, he codtenried, be sufficient to annul the Bill of
Pains and Penalties The rut protioSitido was that
(even supposing adultery in thc Quben Consort, or the
wife of the Heir Apparentl to be an offence punishable
by impeachment, if the offence were not committed
abroad with a foreigner,) the Hill did not disclose
the necessary fart' to take the offence, in this particu•
Car instance, net of the general law, and therefore the
Bill, upon the face of it, was Unconstitutional. 1 be .ed
proposition was, that the offence was not punishable at
lair as a crime of High Treason. To stipport this
brined of his argument the Hon. Gentleman entered
into ad elaborate argument upon the construction of
theStatittir 'or -111srard 111. and supported his argu-
ments b; various authoritirs. The, authority against
him was Lord Coke, and the Hon. Gentleman expressed
his surprise, that that great lawyer should have been
so misinformed of the facts upon which he drew his
conclusion, that the offence in question came within
the law of treason as explained by that Statute. The Eon.
Gentleman observed, that if he 'hewed Lord Coke
to have been mistaken as to the facts, his conclusion
must fall to the ground. To establish this part of
the argument, the Honourable Gentleman quoted
Spelman and s.-veral other eminent fetal and histori-
cal authors, tending to show that the trio unhappy
Queens who were pnt to death in the reign of Henry
the VIII. were not attainted of the crime of High
Treason for ashfltery, as is generally supposed.
Anne Boleyne, the Honourable Gentleman said,
was attainted of other crimes than that of trea-
son, and between her sentence and execution,
her marriage with Hairy was annulled en the ground
of a preeontract with another. This shewed that
adultery was not the offence for which she was put
to death, for es thg marriage with Mary was annuli: J,
Anne Boleyne could nut have committed adultery
to that marriage. With respect to the second unror-
tonate Queen Catherine, (the second of that name who
was married to Henry) the Hen. Oen,. proceeded to
sinew that her offence was entirely of a political nature,
and not connected with the charge of Adulte-y.—
The authority of Lord Coke being shakes, the Hononr-
able Gentleman said, be would proceed to look at rho
principle of the statute io question, and he undertook to
satisfy every Lioyer, the adultery, even if it were earn-
nalued by ihe Queen with a native, was no offence
against the statute in question.
The Honourable Member proceeded at considerable
length to argue that much dada' existed whether the
crimes charged against her Majesty came under the
description of high treason ; and that When the JuLlg•
preseason* it net to bow she fens of Levis should
not have proceeded one step farther. If they coon-
nmancod the Bill, they would be opposiag the founda-
tion of the statute of Edward 111., and destroying the
very existence of Magna Charts. If such a crime as
that charged had been committed, it would hare been
meek' ore consistent- with the honour and dignity
of the crown, and the safety and morals of the people,
to have come to any expedient, rather than have in-
stltated the present proceedings. He trusted they
would be met by such an expression-of -feeling in that
House, as would completely reader them dead and
extinguished.
Another petition was then presented 'by Lord J.
RnssaLs to the samepurport, sad ordered to lie un the
table. .

Mr. Huai presented a petition from the Royal
Bergh of Dander against the Bill of Piing and Pe-
nalties,—Ordered to lie on the table.
• SIR ROBERT BAKEIL.
Mr: Hexe thin rose, and said' he wished to bring
before the attention of the House, a subject.which hail
involved the country in much confusion. His object was
to admit* motion to the House for the purpose of calling
Sir R. Baker to the Bar of that House to answer fur his
conduct on a recent *cession to which be should advert.
Ile had traced for the last three years, a person who had
gone under different names, and who had established a
regular depot of seditiipas and treasonable placards. ile
was prepared to prove the existence of a •ronspirary
ice the
.purpose of exciting disaffection and tumult
among his blijesty.'s sublets. The lions: would rectal.
legit, when those lux bills had beenpassed; which were
intended to destroy the liberties of the ionlltry, how
mach use bad been made of the placards and hautl-hills,
which were distributed at that period.
The House wee already aware that on the first of April
IM a treasmeable rimmed .had•appeared at Glasgow
east Paisley. lie had it In hie hand ; it was not es vio-
lent as sow of the others ; but at hat were the isousto.
quinces dam ?---(Here the Honoureble (Jeetleetan teed
part of the planed).—As :inn as this had made its ap-
pearance, the Maghtrates offered a. reward 01'3000/. fur
the author, sad his Makete'e Government Jailing re-
ceived the information, riNeitki a reward of MN% on the
fith of April, with a 'semi!, of a. pardon to Rh bet the isa-
diehlaal who wrote it. Nor Aid the proceedings reit
there. Ott the Oth of April, the heaJs tit twenty Email.*
were wrested at Ul.sgow end Paisley-414111A into taw
fitment ; and be had a letter in his hunt) from one of
those individuals, N very remittable itei4tat?, wid,th stated
that be was eonveved to prison 6t• a 'Alien- gaud, and
*at wens he was' bronght te. he examined before Mr.
Hope, the elsarge•agalkst Min *as fur having,iseutesi a
treasonable placard. All his papers bad been seized in
the meta time. Tet the poly ground un which the
accusation could be 'mapper* tars. that their bad fuond
oat hem &filet) of rational-Region, awl 'll improved
of the introductiosief the military, eweept in seliedinatioa
to the eitil power mad •in eases of extree.neeeesity.
Thu, id' one aig‘t. Ilte Node of twenty families were
seized; an evil of net maell inagnitade itself to the
unfortunate iadividnala het *lll terse. and more
attkate Mao' that; tit riots -were •prodeemi ,Ift
ceded In Special COMM as. anrkatt eve/WWI, knew,dire
is piddle imeetteleni. Jr. was, therefore, of woe Me-
=dial tkeproeeedi to whiell he allodeal should
te their suave. ' Jodie-Ideal connected with
theta hill been traced b r.• Untie. •Pranoir, who
laarlt *his jousout..bad. -hintlielliwith peat ae.
'tivity,on'tke'likafaion • pfither of the Piste Com-
Mitts,. dirt sari II; • tent tspuf the Mloisten.
that the very I ited to confer a cam*.
meat as the Abel me the woos of detests
inn sod as time who had treated her with so mock
injustice, ifis would say distinctly, that this sonspiracy

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ad been tarried on with the k non !edge awl support.'
nil by the means of his Majesty's Ministers. He would
of have troubled the House with the subject at all if'
that had not been his opinion. It was not easy in such I
cases to prove the fact of agency, but as far as the IA-
davits of individuals could go, he was flourished with
proof. He was not satisfied with the testimony of four
or five individuals, he had traced it to the person em-
ployed by Franklin, he had examiued the compositor
who competed the bills, and the bill-stickers whom
Franklin had accompanied in the middle of the night
when they went to stick them up. The first affidavit he
should pioduce contained the ground work of the whole
—it was that of Arthur Seale, a printer, in Tottenbatn-
coart-road. The House would collect from that affida-
vit that the printer was employed and paid by Franklin,
whom the Magistrate had allowed to escape. He would
also prove to their satisfaction that Franklin was ar-
rested upon the warrant of one Magistrate and discharged
by another, without being seen by that other who had
so discharged him. Franklin was discharged on the
Sonde. ,• and Mr. Vickery, the officer, had informed
him (Mr. Hume) that he was discharged out of his
custody by Sir Robert Baker, without even seeing him,
—Bat there was another feature in the conduct of Sir
Robert Baker worth observing. Franklin was arrested
at seven o'clock in the morning, on Sunday, the Bth of
October; he immediately requested Vickery, who ar-
rested him, to take him to Bow-street, where he was
known. Mr. Pearson very properly determined to write
to Mr. Birnie, stating that the charges against that in-
dividual were of sircfi a nature as to make it necessary!
for him to be cautions as to the bail lie would take. •
The letter added, that be should dement' the security of
two persons in Mk each. It was fit lie should inform
the House, that though the charge was for one hand-
bill, dated the kith of September, there were twenty
others to be brought against him. Mr. liirnie, under
thew eircumstances, refused to accept bail, and on his
refusal Franklin desired to he taken before Sir Robert
Baker, who, be said, would not reqnire hail for him. •
lie did not know whether the letter of Mr. Pearson was
*hewn to Sir R. Baker, and in justice to Sir Robert
Baker he would say so, but the fact was, that the
inii-
vidnal was discharged without bail, and allowed to make
his escape. He was discharged singularly enough on
the Sunday, and on the Monday following, it WAS found I
that a man had obtained a passport at the Foreign
Office, and proceeded to Dover; but whether this was
done as a Wad or not, they had not vet ascertained.
He charged Sir Robert Baker also. nith having told a'
deliberate faishood in his own hearing, is bids was, that •
he had taken bail. When application was Made at the
Home (Mice, and the business was about to proem!, it
was stated that the man had not come. T. that Sir
Robert Baker replied, that he had te'esm bril, and that
the person would appear. It was aftrrwar.is tiald, that
he had discharged him ea the word of Mr. Williams,i
but Mr. Williams bad since denied that he gave his •
word. At the Horne I )ffice they found Mr. Clive, who
told them that they were there acquainted with all the •
facto, and knew the man had escaped. The object of Hsi.,
motion was to know whether Sir R. Baker had receivedi
any communication from his Majreti s government,
and why he had permitted the escape of Frank-
lin. The affidavit stated that Mr. Clive said he was
aware of the whole proceeding, and considered it a
matter of no importance. He added, we know the suh-
ject, and will give you an answer if you c ill to-morrow.
On being told in answer, that if they waited so lon=,
the man would be out of the country, It was agreed that ,
they should retorts when Lord Sidmouth came from the
House of Lords. When Lord Sidmouth came from the
House of Lords, his determination was, that he did not
Clink it worth the interference of government. He
would not trouble the House by goinz through all the
placards, having selected two or three to serve as
specimens. In 1796, while the Duke of Portland was
Secretary for the Home Department, all inflammatory '
hand-bill was issued, which did not amount to half the
rtt'schief which those he had complained of were fraught
with. The parr was found on the door of the Town
Hail of Denbeigh, on the 3d of Fehru try, and on the
lath of the same month government issued a proclaina-
Con, offering a reward of lOU guineas for the principal
offender, accompanied with a pardon to all the otter
parsons concerned who might give information at the
office of the Secretary of State. In a later instance,
. when a treasonable paper, entitled " An Address to the
People of England, Scotland, and Ireland," and pur-
porting to he jostled by a Committee of Organization,
for forming a Provisional government, was affixed to ,
the walls in glaagove and other places, on the Ist of '
April, 1820, a proclamation was issued on the 11th,
offering a reward of 3001. for the author or printer, and
a pardon to the inferior agents, u in the former instance.
The gentlemen who waited on Mr. Clive had requested
that government should offer a reward in the present •
Case. as an inducement to the officers to he on the alert.
Every one knew the effect of inch proclamations in
stimulating the vigilance of those persons, but Lord
SAmouth was of opinion that Government ought not to
i.:rerfere with that public-spirited Magistrate, Sir Robert
Baker, who had done nothing—{Hear, hear!)--But (lo-
Torment, it seemed, was determined to do less---(a 1 augh.)
If such was to be the conduct of goverment in all such
cases, he would ask in what situation must the country
b- placed ? When he called to his recollection the use
that had been made of the placards, and the fact of the
individual being without means of his own, for he would
pray, that he had no visible meansof support, if the House
should think proper to afford him an opportunity, by the
appointment of a Committee, he would Nether prove,
that he had dined with the Ministers of the ( rown,
at treat that be had left the house to do an. Ile would
shew that he had been traced with one of the placards
from Howland-street to Charing-cross, freer ('haring-
crow to St. James's, and from St. James's to the large
house In Downing-street, where the sentry walks; (a
laugh from the Ministerial side); that he entered that
house, earl after some delay, came out and proceeded to
tl.e house of Mr. Denis O'Bryen, in Craven-street, who
now denies ens acquatntance with Franklin, though per-
haps, he would he convinced before long that be knew
him as Fletcher. With those collateral, or as lie would
call them conclusive grounds upon his mind, hr felt
every confidence in proceeding with his case. He had
selected three placards from the mass before bins. In
the first place, he would lay before theta the affidavit of
the printer :
" Arthur £e•le, of No. 160, Tottenham-eanrt-road, In the
county of alideleses. Printer, on his oath sent, thy in the
lat.er end of June, or the beginaing of July. WS, a man of
gentlemanly appearance, who was then a stranger, called at
my elks and asked as If I would print untie bills, saying.
if I would undertake to do Melo It would be very bene@elal,
as there would bee great deal to do In the same war, and he
then'procluced the manuscript ors bill. I read the bill, and
perceiving that It was of as intlammators astute. I hesitated
doing them, whereupon he said be would allow me time to
make up my mind, sad seeordluely he went away end re-
turned in abonttwo hoers, when I still scrupled, and he said
I need sot fear, for that I should be protected In all I did. I
then asked his name sad address; he enswered, that was of
no consequenee, for I might rely, not only on being protected
but gaol, reworded. I then printed MO. and he came end
fetched tient away at might. OntheitthafJuly he again came
mod brought me the manuscript of a bil heisting to the i
Attlee! of Sic Francis Burdett, in the body of which are
these worda—' Have we not ht out glorious Burdett a loader
at to dlitorb the peace of all the world, and Mc it when ll.'
ROOV sal also. Strike not at all, or strike home ; think of,
oar preseht houpportable servitude: and siva) s remember
that the alawaative le teal, or .a if *How grave.' And I

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