The Statesman.
London, England, 1820-08-28 00:00:00

THE QUEEN.

--.0.--
sarISMAN-OFFICS, THIS DAY, Two *Taws.
HOWIE OF LORDS, Aye. el
shindy before ten o'clock the Lord Chancellor arrived,
led sok his seat on the Woolsack.
prayers were thee read by the Bishop of Winchester,
sod the soles of the Peers were called over,
The Earl of LAUDS aaaaa immediately rose, and ad-
dressed their Lordships on the point of legal precedent
len Unilecided on Saturday last. He contended with
gest force sad earnestness agaiost the propriety or re-
sistive of calling in Counsel, to be heard at the Bar of
EsHonse ets this subject. His decided opinion was,
one and all of their Lordships must, on reflection,
some to the conclusion that the adoption of that line of
meet which they were about to take os Saturday would
be mot prejudicial, as well as being utterly nnprece- I
wed by the usages of the House, and derogatory from 1
its dolts.. No doubt it was more prudent that the Hoene
*ow comet° some fixed resolution as to the course to be
used is the examination of witnesses ; but to lean it to
contiselto argueopon,and suggest what thatcourse should
be, was a thing withont precedent in the House of Peers. 1
To pot it to five members of the House of Commons (for
Fuel the Counsel at the Bar were) to point ont to the ,
Hose of Wers what mode they should panne in a judi-
eisi enquiry, was opposed to all Constitntional usage,
highly insulting to the dignity of their Lordships.
a retrospect•ve view of the proceedings which
tam place, his Lordships thought that the whole
,c, ily is which they really were, or *opposed to be
highly
placed, area, not from the event of a fixed and perfectly
cJasisterit rale on the subject, but from a misunderstand.
iriT of chat that rule actually was.. The general prac-
tice in Courts of Law he apprehended was, that after a
witness had undergone his examination in chief, he
should be insutetliotely croimexantined : and if at a future
Feria I either of the parties could substantiate a case to
the satisfaction of the Judge for calling up a witness a
second time, the Courts were in the habit of ;allowing it,
subject however to this condition—that the second exa-
mination should be made through the medium and
receiring the approval of the Court,and indeed the
very practice of the House had been followed up to
Saturday last. In the important case pending before
them, Majocci, after his examination in chief, had been
cross-examined by the counsel for her Majesty at con-
siderable length; even till they acknowledged they had
no further questions to ask. Vet after this an application
wasmatie by her Majesty's Counsel to the House to have
this w i tness called up a second time; anti having convinced
the House that there was sufficient cause for the demand,
their Lordships had been pleased to grant it. Wu is not
perfectly evident front this, that the Counsel on both
sides were well aware that the Howie was following in
t4'at case the very line of proceeding that have
been followed in a Court of Law : Where then the dif-
ficulty in which the House was supposed to be involved ?
For himself he could see no difficulty, further then that
which bad arisen from a misunderstanding of the ex-
isting rule, and imprudent, indiscreet attempt to do
date from it. The credulity of witnesses brought to
this bar :uiglit be affected in two different ways ; either
hr cirenmstances `arising and of their examination
in chief, or by witnesses to be afterwards proclaim*.
This he thought was a clear line of distinction whi
there would be no difficulty in observing. The Counsel
of her Majesty should proceed instant)) with all that
arose oat if the esaminauen in chief I its( the Boss had
resolved that when the ease for the preeoeutios was
dosed, they would allow her Majesty ample oppertesity
M produciag• whatever evidence. witnesses es her own
pan, which she might think proper. He agile repeated
that the Howse was in no difficulty but what might arise
fun the mironderstanding of their own ride.—(Hear.
bar.)--Let them adhere to that rule, there would be no
necessity for compromising their own dignity by calling
in Counsel to advise them what should be done.—(Hear.)
Lord 31axxces contended, that their Lordship were
perfectly consistent, and had fallen into no departure
from the roles of other Courts. He founded his argu-
ment on this proposition: in ordinary cases there was
an examination and a cross-examination, and after the
closing of the cross-examination, any further question
was to be put through the medium o( the Judge. This
he proposed should fie done in the present case. Any
extraordinary question should be put through the Noble
Lord on the -Woolsack, and their 'Lordships would then
be perfectly consistent with the roles of other Courts.
He would here slightly advert to the motion of the No-
ble and Learned Lord (Erskine), which he had made 1
on a former °erasion for a list of the witnesses. It was
known that the existence of such a List was erased em
elusively to the cases of High Treason, and. he bellowed
there was no Judge upon the Beech that had any dealt
about it. It hail been said that their Lordships might,
to be governed by the peculiar gifelleiliaille 4 Mg
case. This would be a bad primal& ad woibl la
productive of intolerable mischief. Ile dlosigbe tbo
Noble and Learned Lord was not seniler! whoa be
said. their Lordships ought_ to guide thiamine by the
roles of other Courts. How would he tonmeile this?
What was it possible her Majesty's Ceased Mil wish
beyond an opportunity to examine to esiestlihng which
was not previously within their knowledge ? The Noble
Lord concluded by moving, "that the Noble and
Learned Lord on the Woolsack *WM state to the Bar
that they were at liberty to otandoe."
Lord Eas ma. after referring to the irreralarity of the
interruption which bad been oared to Counsel on Satur-
day, conceived that the Home had brought Wolf into
its present dilemma by the rejection of his former mo-
tion. If the House should refuse to ;Mears the cross.
examination, the whole of the evidence Is itepretent
shape would be berme the public for the space of two
mouths, and it mold sot but have the most powerful et
feet on she public mind. His Noble Friend (Lord
Lauderdale) had said be wished these proceedings to be
regulated like them of a Court of Law. HolLord IL)
wished so-too, bat could be to a come which ap-
peared to him as opposite toattraiteof a Court of Justice as
light was from diatoms? Hi cooceind that bee !k-
J ,ti's Counsel had a redoebted right to examine as fir
as dui pleased estistsp WWII they pleased. The emotion
then would be, what was tots dose afterwards. He would
sot at present adroit° that. "Sufficient for the day was
the evil thereof" The Noble Lord (Manners) had
talked of difficulties. He taw of se dilicalty bat
one, and to remove that dial:Pity he shield move to call
in the Grassi with the view be as ail* t of the
esomiontem, It was impossible, he mod, dor the
Noble and tommed Lent ea the llnheek i•
oefft
the presooleinne Iris the essihriary awe el
son ; aid pell, debut a seat bow sever MI
the presort, when Ana had beer o then.
mad *Ns tau sash ether. aid were osesegoosikt,tbei
ism ii so amass pot is tido calm hot* 11114
*Dunn has
refired Ills Lordship Naomi Se the
Jan Law of liketiami;emlor Int& e wiener was ow.
titlid to a list of the whaesses wain! kiss 1 Mot Meet
that their lordships were I. he hewed by the ilif
Scotland, het Mshow the analogy of the saes.
Lordships were Sot beard by AU a dist Lew, 1*
that which was Moot Shyly to *Man the
rods of jostler. • • -
Lek Lavattemm. eltesnod, tholitee Sill
iwi.* mods by ilto Noble Leal to die Oa
ftwal of the Hresoleellisesdalili • NI Ot
she eitoteowti he (Lded Livieposlyessii mil eve