The Statesman.
London, England, 1820-07-25 00:00:00

PRICE SEVEN PIPICR.

nature, be limited to any particular time or place. It
should also be recollected. and particularly when ana•
login of law are referred to, that the Queen in this
ease will have advantages which are not granted to any
I individual in a Court of Law, in the interval which
most be allowed, if her Majesty requires it, between
the doer of the case for the intuition and the defence,
there being no instance in any Court of Law of such
an interval being granted between the case for the ;mi-
-1 seention and the defence, nor is it at all consistent a UR
the principles of justice. The Noble and Learned
Lord says, that we shall separate after heating the case
for the accusation, and be liable to ipshibe prejudices
in the interval between the close of that case, and the
commencenient of the case for the defence. Ail I
can say in answer to this is, that it is of the very
%stun of the proceedings of this House, that it should
in all eases separate Enna day to day t and illitatiC. I
am not wanting of nese of imposabsesit, where the
ch f:nce has been heard a eunsideralde perlatither the
cas • for the prosecution, one inmate where the Wow
heard the charge in one Session, and the defence it
another. This is of the very necessity of the case,
and how is the modern practice with regard to Juries f
The necessity of the case healed to the allowing Juries
to separate from day to day pending the case under
trial. With regard to the course of proceeding. th •
opening of the Attorney-General will furnish to the
Queen's Counsel all the points of the case for the pro
*tendon, and with the interval which must be allowed
for preparing the defence, it must be allowed by every
one that the ends of justice will be fully attained,
whatever may be the result. Under all these (intim
stances, therefore, with the desire of the Queen, ex-
pressed to this House, that we should proceed forth-
w.th, and with the assertion of one of her Majes'y'l
Advocates (it might, perhaps, be a figure of speech)
that he knew all the contents of the Oren Bag and
from whmee the! were derived, I can see no gruuud
fir agreeing to this application. As to Divorce Bill.,
it is well known that this House is not precluded fruits
'remising witnesses as to sets of adultery which wit:
never given in evidence, either in the Ecclesiastical
Court or in the action in a Court of Law ; the anelou ,
therefore, on this gronnd wholly fails.
Lord Kiss urged the House to comply with the re-
quest of the Petition, for though it might be necessary,
in some eases, to proceed by Bill, still they ought ts.it
xi*
to reftise so grant to the accused every feeillt pf de
fence. Impartial justice would, no/ionbt,
be done, hat they ought nevertheless to avoid.
pearance of injustice. Such an appearance of ininx-
tice in public opinion, must be the result of refutin;
this application., and timeline, he contended that it

prayer of tise

'I he Earl BATHURST maintained, that it would Lc
utterly useless to the Queen to grant the prayer of as,
Petition, as it would be impossible for her, between
this and the 17th of August to make any inquiry re-
o.rding the witnesses that could be of the least ser-
vice to her cause. It would, therefore, be useless :-e
to any purpose of justice to comply with the prayer 4.1
the Petition, whilst every facility would be afforded to
the Queen, for the purpose of making her defence.
Lord Easettes.---Ir Lords, as I bare no motion
now to make, but that her Majesty's Counsel be called
in, I should net have troubled you with any further
observations, except that I feel myself bound to .r-
-ewer the questions of my Noble and Learned
on the W..olsjeck, which I answer thus every in-
dictment the place most be mentioned, and the pro-
cise nature and quality of the offence, and as the of
fence is not only within the realm but in some v. ry
limited local joy isoliction, no doubt can remain as to
where committed, or how to be proved. wh here
it is a series of conduct for six years, instead of a sio-
gle act, and in countries widely distant. The ?ios.le
Lord opposite truly says, that it is not as osery fact
of of adultery, bat indecent and suspicions demeanor in
various places; but does not that render it more ne-
cessary to collect witnesses to prove what her general
conduct has been, for how else can a behaviour of six
years be supported, if unknown witnesses sae pounce
upon her in the absence of those who might contra-
dict them ? The Noble Earl, who always speaks with
great ability and skill, also says, that even Ire (fie ro:- •
elesiastiral Courts, in suits for a divorce, Merritt evi-
dence may be given at the Bar here, than bad appeared
either iu Doctors' Commons, or against the adelteret
in the Courts. A new rase, be says, might be made
here. To that I can only reply, by asking if the No-
ble Lord can instance any such case ? lam sure he
cannot. If the evidence against the adulterer were
not sufficient, nor that in the Commons, did any one
ever here of a Bill to divorce upon evidence never
given before? lam confident that so such ease ever
happened, or ever will. A Noble Earl who spoke.
last, for whom I am sure I entertain great pm,*
respect, has endeavoured to shew, that gram
request of her hiajesty would be of no use to her ; Vat
are we to judge of that and refine her the option of
judging for herself? The Noble Earl ought to have
skews that the granting her request would disaap
point the justice of the case, she is called upon to so-
wer. Shew toe this; my Lords, and lam sikot. Has
this been attempted either to-night, 'et when the list
of the witnesses was refused? or has it been shear.
that the evidence for the Bill ought to prevail, if she
is denied the opportunity of their croes-ezasnination ?
the. the evideare for the Bill is finished, and the
Queen, after an adjournment, has collected her wit-
nesses, can their original examination be resumed ?
Suck a thing was never beard lAL: In short. my Lords,
oar proceedings have created a great eessation through-
out the whole cluster, which your Lordships *Whew.
hereafter so lamest i Main sow only to sae*, that
her Majesty's Conueel be sallied to die Sat in typoet
, .
of her Petition.
The Home here divided, nit be nunibers were—

For the wooden, If; Aphid It, 87--Majority. Ito.
Adjourned.