The Statesman.
London, England, 1820-07-18 00:00:00

,r.vriL.

(Continued front yesterday's STATtslivm).
`!r. 01.1,11.1%1 thouglitthe question of great importance,
a•ef ommentlesl both sides of the House fur the temper
whit h thee had evinced upon it. Ile could not enneur
won the Mover of the Amendment. There were other
reotroire, more eonstitettional in their nature, open for
hine• suppose the Queen to be guilty. He had been
1.4.1 by n LearneiCivilian, that the Ecclesiastical Court
ea% opendo the Monarch's appeal; and supposing him
to .Wde 1.1• the common forms of justice, and establish
'leaf rave ati•tinit 1{01•:l rt, a divorce would
be the issue. Ile did not like Bill, of Pains and Penal-
tic., because they had ararcely ever been used except for
the apparent purpose of etretehing the penalties of the
la's to cases which could not be punished, and were not
gloaters according to the urslinary principles of justice.
LC Pointed out several instances of these Billa—that by
which the Queen deposed Edward 11. and put herself at
It 0 head oldie army: those of theory VIII., particularly
that against Atom Boleyn, between whose unfortunate
s.a.se and that of the present tltteen then' was a striking
similarity; vet no historian had spteetioned her parity,
or the injustice of her sufferings. '[be case of Fetiwick,
tor endearoariag to restore James 11., who was charged
treasonably; but two witnesses being necessary, and only
one being available, he was sas rificcel by a Bill of At-
tainder. The ease of Bernardi, nho was, during a space
of It/ years, between the Mgt; of It'lllialts 111. and George
I. kept in prison by successive Bills of Penalties. Ile
else) nientioated the case of laird Stratford; and front the
a bole of these cases he drew the tuference that Bills of
this hilts! were hardly ever reitortral to, except in cases
where there was an improbability of s•onvicting and
• ntielehiste by the fair ordinary course of law. Another
Mack feature in them was, that although many attainder'
tinder them had been subsequently reversed, they had
invariably led to the ruin and execution of the accused,
and esrisially during the wars of the Houses of York
..ral Lancaster, when two Parliausents were sitting, in
Ns hi. in Bills of Pains and Penalties %sere passed against
the adhereuts of either party by the other.
Mr..431V3 thought, that proceeding by Bill of Paine
an I J'enalties was more favourable to the Queen, as it
unto. pass the Commons as well as the Lord., than the
mode of psoceriling by impeachment, which would he
peseed by the lards «illy. ale thought there could be
b.. doubt 1,1 the sneabieg of the surds adulterous inter-
course; that it was a charge of adultery I and an set of
re would, be liail no doubt, lot esteblislic•;. before
tl.e Bat *mad pas.. If it were possible to entertain
ally suspicion of the jiistice of the tribunal before whirls
her Majesty was about to appear, there would, he had
no doitUt, be an unanimous vote of that Court carried up
A,,list it ileum-die:Ply.
Mr. WAITIOIAN said, that the allotment of reliance
ill the wisdom aul justice of Parliament was not worth
a straw ; what they ought to look to was the law of the
lend. But this prus:eestine was not law, it was a viola.
toot of law. The Worthy Geetleman (Mr. Brown) had
te.d them that this was what her Majesty repaired. Iler
lii tjerty had revealed a fair and open trial, seri he told
C cm that was the only elude of proceeding, and it was
e••ettary that lie (Mr. W.) would ask where was the
`'ate necessity ? Her Majesty was not bring with the
King; she was not hearing chilihea—where then was
She necessity of trying her Majesty at all, mud' less
mull any necessity be shown for a trial violating the
I. ws of the land. her Majesty asked for a fair and open
; time the Lords, her Jtolges, under the sanction
I All Oalli ; anti the evideuce looking to that, of what
eest•tirtion was it ? Hired, most likely, to traduce her
Ma,esty's character. brought forward after a lapse of
twelvemonths. and never would hate been brought rise-
n ard at ail if her Majesty wmilsl have listened to the
rs which had been made to her. How were they to
sat pose that tie trial would he a fair one, when the
h tahe IWO/Weir Peers introduced levity of behaviour Into
as a means of traducing the queen's thaws
I--; and at the saute time refused a.liss of the witnesses??
It that was charged or irainnated were true. yet such
;,....easarture from the sacred principle of j•tstice ought
Ca tto Ise sanctioned by that (mitre The Moose of is
been compared to a Jury; bet they were neither hil-
t* . selected nor sworn. They had none of the
• , aacteristics of a Jury ; but they were accusers as well
is .lnry, anti were also to •sif in judgment. Ilia Majest v's
Ministers hail seats in that Helve% and it could not be (or-
• gotten that his Majesty was the fountain eflsonunr, and
Nut some of the individuals who sat there hold Nein-
eee stlilist:OlLS at the pleasure of the Crown: and i•oulil
pry' huasait being doubt, that in at ueation between her
liAirsty and the Bing of England, substantiai justice
*wild be done by such a tribunal ? It certainly was in-
tended that the House of Commons should have Truceed-
ell in this way; but the reaolittiona which they It.al
reseed had irevented the, and now the House of
herds were to do what the other could not. like object-
esi to the House of Lords, his objections were still
- eras:ger to tire Cosumons, who could net administer an
ca•b. What wuuld the House do Take the evidence
*as given before the Lords. Ile would say No. Yet
-what chance would her Majesty have against testimenr
.ao. miler the sanction of an oath Much had been said
.ei the power of the two lloo.es. It wits said they could
sio anything but make a man a woman, or a wowau a
mast; and perhaps they would even attempt that. The
It anal Assent would he necessary before the Bill of Pains
alai Penalties could become a law, leaking good what
had Lein said on a suture hat similar occasion by a great
Is" authority. that it was converting the throne of merry
into a judgment Brat, not only compelling his Majesty
to pass sentence of condemnation, but that upon the
greatest subject in the kingdom, his own wife and near
r.. • a inn. War there a matt, who for the sake of his wife,
sit children, and posterity, but would stand forward
so ..:q.sse that mode of rut:ceding ? It should never
It forgotten that the of jet of that proreeiling was a
fareip tis r. a Queen, and a relation to his Majesty ; that
Ministers w..re leagued against her, working in the
dark, anal therefore the people ought to feel for her; they
°sight to commisserate her situation, and oppose the
oppression with which she was threatened to be over-
witelused. Ile never would consent to go back for pre-
cedent to the time of Richard 11. or Henry VIII.; they
were knuen—they were infamous.
Mr. JAMEA explained.
Mr. thornily; said, that on a Grand Jury there
should at least be twelve noanimolis in finding the bill,
and that the evidence in support of it should be on the
back of the Bill.—Now he would ask, did any one con-
tend that the thirteen Lords were equivalent to a Grand
J..ry, who, without any vie. core evidence found- the
BHP or aas nut the Queen to he supported under such
eiremnstances? He tlsonglit the question was too much
quibbled' with, end that in fact there were too many Lop
y era ill that Court.—(Laughing.)—Tbese tieptlemen
were too much given to controversy, and inclined to
peri.dilabe intention of the law, which was to pnnish
the guilty, and shield the innotent.—(theers.)—The
es itienoe of the Lords, lie pronounced to he that of a set
of ragamuffin foreigners, who would swear black was
w: ite.—(Laughing.)—lle supported the motion.
Mr. dyer spoke on the save side.
Mr.l'.NrYlutleata asked, who was it that should try
the Queen, if the Peers did not? Would they have her
tried before the worthy Recorder. —(.l laugh.)--It was
insinuated, that there .was no virtue in theLor.ia; he de-
catel the feeling, for it teas the begitiniegut a cortempt fur
the eteistituted authorities, which perhaps would reach
the Throve is the end, and way be .the person of the