The Statesman.
London, England, 1820-10-17 00:00:00

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Tha L,0r.1 CHAYCZLIAR said that those declarations
'Quid not, in thr preent state of the procee,lings, be ad-

n:itted. If any Noble Lord should consider that the

practice of the courts below was different, they might
Image the ativontage of the opinion of the Judges. He
thought the Noble Earl who put this question should
1141111 I/W44 with what passed a Jay or two he-
fore. Supposing, hypothetically, and it was mere hypo-
Hirai 6. that the tioyereinieut was a part of what had here
;ailed the other day, a joint stock company; taking it as
proved that ;lie Go.erninent, or the Milan Commission,
was the prosecutor in this case, still, nothing bad proved
K owed to have been the agent of either. Before the
sets refit agent could be given in eiislenre. a party
tv,suld beststitied in demanding that the
agency Should be established. The Noble
toil Learned Lord then adverted to different ways
establishing an agency. Could it be said that be-
conse the Milan Commission tell one man to go and tell
iviisther to come to them, that agency on the part of that
man had been est:ol44rd ? If so, his experience had
Leen to him as nothing. If he was in the situation of an
a tvocate, and hail been asked where Itigardi was, as
her Majesty's Coonsel had asked on Saturday, and he
hati known u here he was, he would, at once, hare in-
tonate.' him. Their Lordships should be cerefui how ,
ti.ey asliniited 'itch proof of agency as this, fur
would not know where to stop ; they may afterwards
1 ace similar proof offered of conspiracy on the other
',de: he did tort mean the slightest iniputation, the cool
duet of his whole life would exempt min from a sespi-
eion of that nature; but there might br conspiracy
against conspiracy. It was obsoletely necessary. that if,
a party meant to prove its agency, tiev must prave it
to a greater extent. Hume Nuble L'ord might think
tram wrong in his opinion, he should feel it as the
greatest obligation conferred upon him, if that Wile
Lord would frame a question to he submitted
to the „lusters, in order that he might be putright.—
Earl limey said, that when he proposed the sues-
fun, it was in rensideration of what had passed on
Sstnrday. Eelieving that the question was one that
(right to be pat, he had again brought it under their
Lordships's consideration. The Attorney-General,
he would admit, hail done no more than Isis duty in
iiteetiirx it with an objection, and he had no reason
t • complain of the manner in which he had performed
tat ditty. The Learned Lord having agreed with
the Attorney-General in his objection, he feared that
I .t might he clmoged with pertinal ity in contending
still that the question was woe which ought to be put.
1 be opinion of the Noble and Learned Lord was satis-
factory as ter as it referred to the proceedings in the
Courts beliw, he therefore had no wish to refer the
suestiset to the Jiolges, as he was satisfied that their
i4erkivn would he against the question, in conformity
r.:th the rules of those Courts. The qvie.tion, now
I O.sre their Lordships was, whether they would ad-
I, re to the nice told technical rules observed in the
Courts below, or whether the present was not a subject
whiele wraeld aothcrise them to depart from those rules.
fells admitted the propriety of an adherence
t) the rules of law, but he contended that that House
rirtiefled the right of departing front those rules
obenever a cast came before them, attensle.l by cie-
s I:stationers of a nature so peculiar as to call for that
Opartore. The question then would be, whether the
',resent was such an extreme ease a. he had mentioned.
:fe co terie's! that it was. Ile fully admitted that the
fan of general agency as to Melina had not been
:mirky poised, fur if it bad, the present question would
oat be before their Lordships at all. But when it was
recollected that the present trial, arose out of a Hill
s•I Pains and Penalties, proposed by the
Governnient, supported by ei idence of their
i.•odmtio co.:fleeted with the Nlilati Commission.
u Cominlation sanctioned by their authority I
whets it was recollerted too that the object of that Bill
was ism degrade the Queen Cement of these Realms frogs
her Eights, her 'objects obedience, and all her other
privileges and to consign her forever to infamy, lie would
R.:: it hillier in such a case their Lordships were not bound
see that the evidence was not satisfactory according
to legal rides and technical forms not that it was 111111111.
'4111% hot their Lordships should be satisfied that It
was suisliapectesl.—(Cheers)—lt was proses! that eels
steme load been colleeted lot Rastelli for the Milan Coeur
, slut a person had been told by one of its agents
he was to go, and that in consequence lie wen, to
Milo and was examined. It was proved that applies-
tom had been made to another person and that lie was
t.dil if lie wrothd give eyidesice ogainst the queen he
reerive a great present. With these suspicions
irelllll,ltAllrfi overhanging the prosecutor's evidence
he would ask o heftier this was nut a part of the case
o!i;e11 st have a very material infinence upon their
n.ttiiis in cumin gto a decision. lie again and again
s% admit diet the proof of Agent.y was not that kind
GI woof which would fix the principle in a court of law,
but be submitted most coolish sly that if proof were of-
fered at their Lordships' bar that Corrnption had bees
eseciited, perhaps too snccessfally exerted against the
toe illbstriesis object of these proceedings, nu matter
whence that corruption had originated, or who was its
a ohm% iu such a case he submitted their Lordships
would receive the evidence ; for of hew little coast.
guence was it to the accused from what quarter the cor-
roption hail originated if the effect of it. npon her case
should be :he saute. This was the genre' view he had
taken of the present question, material iu itself,
material to the illustrious object of thess proceedings,
lost material above all to the impartial administration of
justice. lie entreated their Lordships nut to pass a de-
s ision upon this question without giviug it their hest
rosisideration. He felt almost ashamed at pressing this
point, after theopinion of the Noble and Learned Lord on
Woolsack, an opinion which must alwayscarry weight
and authority with it. This lie felt, and this had caused
him to feel more anxiety un the subject. Once more
he would admit that according to the rules of the
Courts of LAW, the evidence was not admissible; hut
for the reasons he had given, he thought it was to Its
irceived its that House on the present occasion. he
the tunas of Law such a question never could occur,
to, he thanked that the Courts of Law were
strangers to Bills of Pains and Penalties.—(Cheers.)
Wr iiiiderstood his Lordship to conclude with moving
that the question should be put.
The Earl of Litgaro.o. was glad to to! that the
advocates fur the admissibility of the proposed evi-
dence had admitted, that if there were a doubt upon
the subject, that doubt should be set at rest by Ilse
opinion of the Learned Judge. Bat the Noble Lord
who bad last spoken, had admitted that which indeed
denied, that by the rules of the ordi-
the evidence could not be admit-
Noble Earl therefore pressed fur
of this evidence upon the ground of the
/awes of the ease. He (Earl L.) would
ibility of such a case or-coring as avoid
Mow in opening a wider dour for tbe ad-
itleace than that which existed at present.
that the powers of that Hoene which en-

auaW e•ot be tie
nary Uvula,
tett; and the
the atlmisslou of
special ei•rettatlnl
oJinit the possib
justify the 11011
tuisstuu of nisi,.
• He aluittotl, th 4
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