The Statesman.
London, England, 1820-10-20 00:00:00

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Ile could see no objection whatever to his motion. Mr.
Pow•el had said that his sole motive in midis" the wit-
ness away was, to make comfortable the relatives of the
persons now in this eonntry. If that was his sole uso-
tire, and he should be sorry to think that Mr. Powel
had sworn to that which was not true, then there could
be nothing else in this letter; and what could appear in
it but a simple confirmation of his statement? And, if
the sole cause ofßastelli's not being returned was illness,
as he had also stated, them the letters of Colonel Browse
would confirm that fact also. Upon thesegroundsheconhl
not anticipate any objection to leis motion. He therefore ,
moved " that Mr. Powel be called to the bar of that
House, and ordered to produce that part of his corres-
pondence with Colonel Browne which related to the
sending away the witness Rastelli from this country.'
If there should be any objection to bringing the pa-
pers publicly before the House, they might be re-
ferred to a Secret Committee.

Lord Ltrearoot. said, that in the case of an indl-
vidualprosecutor and an individual defendant, no tri-
bunal whatever could call upon the agent for the pro-
duction of confidential papers. Rut he was ready to
admit that the house had considered itself as partaking
of a mixed character, and therefore as a matter of strict
right the objection did not apply.
Ile believed in his conscience, that Hastelli had been
sent out of the kingdom without any improper motive,
though he admitted there could he but one opinion as to
the indiscretion of the proceeding. But it was the
first time he hail ever heard that a correspondencepoirely
confidential, and written under the full impression that
it would be held sacred, should be railed fur, and ex-
posed to examination. This was his objection to the
production of the correspondence; hut it the House,
should think it ought to he produced, he trusted it would
be examilied before a Secret Committee.
Lord Klrftl said that at the commencement of these
proceedings, the Noble Earl opposite had, with great
appearance of candour, declared his wish that the whole
proreedings from beginning to end should he sifted to
the bottom. He (Lord king) could not reconcile :hat
declaration with the Noble Earl's opposition to the pre. I
sent motion. The Qiiren's Counsel had opeuly made a
charge of conspiracy. Rastelli was proved to bare
been one of the most active agents of the Milan Coin-
mission; he was charged by the Queen's Counsel as being'
a leading member of the conspiracy, and lie had in a
most improper manner been removed out of the country I
by the agent of their prosecution. He (Lord Kith') I
thought this conduct so flagrant, that in his opinion, if
a simile, act were done in a cause pending in the Courts
below, the Court would nut sutler the agent to continue
in his office. Ile could not see what reasonable objec-
tion the Noble Earl could have to the production of the
correspondence. The object of the motion was to
discover whether Kasten' had been sent out of the
country from a mistaken though not improper mo
tire; or whether he had been withdrawn to pre-
vent the exposure of the conspiracy charged by the
Queen's Counsel. If this case differed from other cases
in some instances, it differed also very materially in
other; for there was no ascertaning with certainty
who was the prosecutor. The other flay something like
an admission had been made by the Noble Earl on this
subject ; which admission he now appeared &ripen.' to
retract. Ile should consider the rejection of the pre-
sent motion an attempt to screen the getter up of this
prosecution from an inquiry, the justice of which won't"
he confirmed by that very rejection. The Noble Earl
had said,-that neither hr nor his friends had any per.
good wishes respecting the result of the present I rise.
cution. He (Lord K.) could only say, that if they had
not, they possessed nerveL of a firmer texture than were
ever possessed by any serif Ministers since the time of
the l Abel ; for they hail engaged in measures in which no
man had ventured to engs,se since then; and which haul
left them exposed to a very serious responsibility. These
prorredings had been made a mystery Ivy the subordinate
agents, and the Ministers hail ailopied the mystery.
Some of these agents were known and some unknown;
but it was known that the Hanoverian Minister had been
very busy in the business, for lie had examined, engaged
and sent over Barbara Krantz. There appeared to be a
mystery, a kind of donble machinery, throughout the ,
whole business; and unless the House accepted the in-
vitation of the Noble Earl " to probe the business to the
bottom,''their Lordshi tea igh-sminding professions shout
justice and impartiality, would he ridiculed and held by
the public in perfect contempt; and it would he insinn.
ated. that they had some improper inducement for shut-
ting out the inquiry.
Lord ELLEN 30R1:40( said, that he had heard nothing
to alter a former opinion lie had expressed upon the
desire for the production of this evidence. The case
less an extraordinary prosecution, and Hod forbid that
there should he any concealment at all iii the case.
It vas his with, not only that there should be uu con-
cealment, but that there should be no appearance of
concealment. If there a ere any ob,'ection to the poi
duction of this correspondence, the objection should
have been taken earlier, and the same objection of-
fereil, if at all, as well to the examination of the
agent himself as to the production of his correspondence.
(Hear.) The object of the motion was to see whether Mr.
Puwel had spoken the truth ; because he (Lord Ellenbo-
rough) was anxious that the truth should be discovered
and concealment avoided, he should vote for the mo-
tion I but he thought it would be adviseable that the
papers should be referred to a Secret Committee.
'The Earl of Romero was clearly of opinion that
there was so ground for the legal objection to the pro-
ductloe of this correspondence. He should, on this
head., refer their Lordships to some authorities, for as
to the moral justice of the production, lie should not
think of arguing a topic which did not admit of the
smallest doubt. After referring to several legal
authorities in support of his opinion, the Noble Earl
instanced the case of divorce, to which proceeding.
the iitssent case was anarogonsi In that case the
House would examine not wily the Attorney, but
the hatband himself ; and Low 'thee could it be pre-
tended, that It Was just' to e:ctend that protection to
the Agent; Which was withheld from the principei
himself.
The'Clt flrcmLLno loped, that no • animadversions
should be made on the cherasorr ut Mr. Pots-el. He
apprehended, that is conunonisense, and tombola jus-
tice. thilioutso should, in the first inetacce, have or-
steeled thit thee* letters should hare been prodsteed,
before Oily had put any questions open them. They
Sow (failed on Mr. Puwef ro put his hood ip his pocket,
and rheum evidence to convict himself of perjury.
Po' Alt Ott id' the aioninistration of, joaticeL he
*kiwi hien he' noderstood, that in his opinion, that
ereteeding mold •not be sanctioned by .any general
principle of justice. . "
• The Manprialif loutanowst said, that the Abbe and
Lualutota Litedeolso bed jeer sat dowis, exptitesed.li. Irish
that ma aniumndeareispessbasid be odds on the character
et' Mr. Point • Mir spoke, sabjiat ilettSe correction of
dm %Wet hatlotritiatear, thasibefietabh4eitios which
'be Baal ae mak abalaised Beim my sub temaarba.

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And if the Illusion, of the *Ali and learned Lord
were directed to him, he begatml to say, that they were
most misplaced. •
.
The Lord Ciateranensi otabl; that if he had Ann' sett
intention, he would have done it in terms that could not
be mistaken. let be coedit say, that the opinion he
load always entertained of that Kohle and Learned lewd
(the Marquis of lattelowne) was, that no Mari was less
capable of such conduet. .
The Marquis of La venowet said, that having no ob-
ject in view bnt to elicit the troth i and, as it appeared
more couvenient to appoint a Secret CoMmitteon he
would alter the motion he had already made, and move
that these papers, namely, the correspondence between
Col. Browne and Mr. Kwell, should be referred to a
Secret C 'tree, sealed up.
The LOAD 4:14.44trELL00 Wisheil to make one Motet.
vetion. New, if Mr. Powell had been attorney to a
private indiviJiwl, hr would he glad to know horn that
intik-Huai womb! approve of such a proceeding
Tier Marquis of BUCtitmunabt thought that •
that sentiment was quite decisive on that point.
The object of this notion was to elicit truth, and that
object wroth! not he cal-coed by laying extracts of that
eorreepondence before the Committee. lie would net
flake upon himseif to direct the Mote, as to the prb- •
priety of appointing that Committee at all.
The Marquis of LANAI/OWN* certainly intended by
his motion, that not only extracts, Mitt the entire of
that correspondence should be laid before the Coto. •
'Wiley, as far as related to these proceedings.
After a pause of several minutes duration,
Lord LaUllitalla LS: rose, and submitted to their •
Lordships, that there never was a more extravagant
proposition than that now before them. It was
contrary to all preeroiret, and calculated to destroy
all connexion and confidence between the agent
and his principal.--(Hear, conjarud
their Lordship to weight well the consequences of esta-
blishing nosh a precedent, striking at the very root of
confi.lential agency. Ile slid not object to the corres-
pninlcnce between Mr. Powell and Colonel Bmsrne, rela-
ting to the mission of Hameln being produced, and ',p-
reened to a Secret Cott 111 l i tea; but he must beg to be Par-
ticularly understood as confining his admission to the •
correspondence relating to this mission of Itastelb, and '
to that only. For this purpose he should prefer, that Mr.
Powell be ordered by that House to lay before a secret •
committee, extracts of the correspondence between him
and Colonel Browne, rela•ing to the object of hi, sem'.
ing R.tatelli out of the reentry. He could not foresee
any objection to this tootle of proceeding. if their
Lordships thought tit to inquire into this matter in this
particular cause, they ought to do it in such a manner
that the whole country should not he the sufferers.
Lord LaNsnowste thought that what his Noble Friend
had stated, was an argument in favour of his first mo-
tion. His Noble Friend, hrwever, was in error, when
he stated that there was no precedent for the motion then
hefore the House. Within the last two years, even
within the lut year, a preseileot 024 affords
ed in another branch of the legislature. The
other house of Parliament in Cie case of a breach of
privilege ordered that the correspondence between
Orady and Mr. Carew Smith should be produced.
Ile saw no objection that his Learned Friend cottld have
to the 'matte proposed ; for the general way when eon-
Ildential correspondence was produced before a secret
eontonittee, was that one of the parties in the cu. ae- .
peered before that Committee and doubled down sorb
parts of the precise matter of the investigation. its
Ai- matinee might Mr. Powell act with reference to the
Secret Cammittee, so that they might be satisfied that
the original documetes relative to the subject wern
.proolue• d. He entreved their Lordships nut to die•
miss this 'abject lightly—it was one of the highest
impor:ance A mystery there was with respect to
titis matter ; that myste y might be dispellerj by the
!production of the curresi on lence, and he hoprd their
Lardships %coedit decide n favour of the :notion be-
' fore th em for that pup se.
The Bar of Larraeoot. at tted, that the un lerstand-
ing whit h he hail on the subject of the production of
the correspondenre was, that It was the tormelosoest wish
of the House that the e.orrespondence relating to the
mission of Itaatelli. bettrem Mr. Novell and Colonel
Browne should be laid before a Smut Conemittsse of
that House. But he distinctly understood ;hot it was
those parts of ally correspondence between those two
gentlemen relating to that precise matter, that the House .
Desired to have laid before them. And if theComesittett
were appointed with that understanding, lie cavil not
see that there ecedd he any ntemaitY for any thing be
yond retracts. made from tie curresamsdenee by Mr.
I Powell, being produced.
Lord Leen a Au ! e lied their Lordships' attet Coo to
, the motion beture tbs m, which was worded in soo;to
manner as to 'lenity the production of the whole cor-
!.respondenee Iwtweett Mr. Powell and Col. Browne. stn .
!again repeated his protest-against making aprecedentrtf
so dangerous a nature to the interests of society in
general.
Lord LIIIrRICIC said a few words which were taloa-
ble below the Par.
Lord RZDESD‘t c solid that their Lordships did not
mean to abide by the oath of Mr. Powell they ought nor
, to have called 'him.

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Earl Garr said, that if he thought tbe effect of hie
Noble Friend's motion likeiy to prove an act of ggosg
injustice, be should not give it his ripped. Set in
his opinion, justice could not be obtained without it.
In contempt of the order of that House, and in direct
defiance of the pledge and assurance of the Noble Esti
at the head of his Majesty's Government, Mr. Powell
had removed a witness fruit' this country. 2'he Jest
of that removal eta neither more nor lee, warding to
the words of the Noble and Learned Lord on the id o°l-
- an injury hi the cause of the fates, "bitty
never could be repaired.—(Hear, bear ((f the Wang
meant to maintain their character with file public, et Gm
highest tribunal in this country for the administration '4
j emits, be won Id ask, was this not a case which 'eight to ht
sifted to the hotwat ? Mr. Powell had been eislred, and •
ltiseasidaat.ol had been, iv m. so unsatiefacter=
be thought it absolutely' necessary that slit
should be produced. That they ante "Sabi*
and moire was now indispensibls; cud that examl,
salsa amid only he made satisfaeteriiy, b sobomjnalle
the papers to some delegated asithosity of 'tbat nom.
the Noble Lord on the cams beech(lAg.
Rei) would are the impropriety of theiedtee
had reskintmensled to the Mouse; fee II lb. P. •
ware nillernd to snake whit esterantt *lwo iv
,frons. -Igo Letters, it .adds" otos be eopolOmi
dos boillinald ip rod see ono moot tn linnesnlintino
Antigua,. Such a *arms *De* be It elms • •
,loty.• nail aboard. He leas .try S‘s OA Area ea.
leo Oar to he any oppositinn r eke 10.110111.' 4,
#lO4l/16 IS hops. %het it. would I:8=M *kb-
eruption. TneSobie girl •
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ms aboadnwot W the original andlnetrAbetigia.
41whiste papers timid be Wassokti airtime
Maim if Nastelll si 'Adam

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