Imatges de pàgina

here with every expectation, with sent, by any thing but their own asevery reasonable hope, of sharing it sertion. They had been reasoned --and who, it was now attempted to upon, however, as if certain and inbe argued, had forfeited—not forfeit- disputable; and the passions and feeled, indeed, but had lost-her just ings of their lordships had been workclaim to it. The learned Counsel ed upon accordingly by speeches of then urged the religious, as well as the most extraordinary eloquence, the civil character of marriage, on which impressions of which he implored them he was particularly anxious that Dr to efface from their minds. The simLushington should be heard; he re- ple dry question before them was, presented the hardship which his il- whether the bill was sustainable upon lustrious client suffered, in the sub- principle. The learned Counsel then stitution of a bill of pains and penal- stated the grounds on which an ima ties, for a judicial proceeding; he pro- peachment could not lie, and consetested in her name against the former quently a legislative proceeding was measure, and he concluded, " I beg necessary. If he had not known it to to say, my Lords, that whatever may be the opinion of others, in whose lebe enacted—whatever may be done gal judgment he could confide, that by the exertions of any individual, the charge contained in the preamble by the perversion of truth, or through of this bill did not amount to high the perjury of witnesses--whatever treason-an opinion which fortunatebetheconsequences which may follow, ly was now formally sanctioned by and whatever she may suffer- I will, the highest authorities that could be for one, never withdraw from her those referred to, he would not have presentiments of dutiful homage which sumed to stand at their lordships' bar I owe to her rank, to her situation, to as the advocate of the present course her superior mind, to her great and of proceeding. That uncertainty was royal heart; nor, my Lords, will I ever now removed, and he boldly challenpay to any one who may usurp her ged his learned friends to the arguMajesty's station, that respect which ment, and defied them to produce a belongs alone to her whom the laws single case in support of their asserof God and man have made the Con- tion, that the facts alleged in the presort of the King, and the Queen of amble of this bill would bear out an these kingdoms.

impeachment, and that, consequently, The Attorney-General could not an impeachment was the course that help remarking the extraordinary li- ought to have been adopted. The cence taken by the learned Counsel. learned Counsel reprobated the manInstead of arguing strictly on the prin- ner in which the witnesses had been ciple of the bill, theyhad gone into state treated, as suborned, perjured spies, ments of facts, which, although they calumniators, and traducers. This were all introduced into this part of was tampering with their lordships' the case as facts, he must contend were feelings, and treating the subject quite not yet founded on the evidence be- unfairly at a time when they had not fore their lordships; by assumptions, heard a single deposition. His learngratuitously made ; and by calumnies ed friends had much abused the liber-(an expression by which he meant ty they had obtained, of arguing now not the slightest disrespect to his against the principle of the bill. How learned friends, but he must repeat it) should he be arraigned if he so far -by calumnies, unsupported, at pre- forgot himself as to expatiate on the enormities of the charge contained in on, they would see the necessity and the preamble of this bill against a per- the propriety of the course that had son of the high rank of Queen, then been resorted to. The question was indeed a Princess, but niece to the late a momentous one, affecting not only King of Prussia, and next in rank to the parties immediately concerned, the Queen of England? How should he but the dignity and honour of the be arraigned by his learned friends, if country itself. "If innocent, however," he in the present stage were to enlarge continued the learned gentleman,“the on the evidence about to be produced ? party accused need not fear your lordThe pain of the task would be great ships' judgment. If guilty, I am sure enough, God knew, when the neces- that nothing can be stated which will sity arrived. The present bill was no induce you to swerve from the path more an ex post facto law, than every of duty ; but that, fearless of popular divorce bill was. Her Majesty would clamour, you will put your hands to be deprived of no means of defence as your hearts, and decide conscientiousQueen, which she would have enjoy- ly and justly. By your lordships' ed as Princess of Wales. She courted decision you will satisfy the public, inquiry; and the present bill afforded that while the meanest subject in the the means of as complete and fair in- realm is protected by innocence, the quiry, as either impeachment or any highest subject cannot offend with other measure would have done. His impunity.” mind was in no degree affected by

The Solicitor-General equally conthe declamatory topics in which the demned the course followed by the other side had indulged. He felt that gentlemen on the other side. Instead he was addressing a grave assembly, of temperately discussing a grave, composed of persons of the highest dry, constitutional question, they had rank, attainments, and honour, in the indulged in personal invective, and country; and he knew that on such the most unfounded aspersions. The an occasion appeals to the passions, question appeared to him very simhowever they might excite admira- ple. By a technical distinction of tion for the advocate at the bar, would law, the Queen Consort, committing ultimately be of no effect. Their lord- adultery with a foreigner abroad, ships were not to be made, either by could not be brought in as guilty of entreaty, by hints, or by menaces, to high treason. Yet, if the Queen Conswerve from the straight-forward sort was guilty of a crime but one path of duty. He was aware that shade removed from the highest crime this, as it had been called by his known to the law-of the deepest dye learned friend Mr Denman, was a either in a religious, a moral, or a citremendous inquiry : he knew that vil point of view-was a person so the peace of the country might be regardless of what she owed to the affected by it; but he knew also that country, to the crown, and to her clamour would have no effect on their rank, to sit on the throne by the side lordships' minds. He was not ap- of the monarch of these realms? Could palled ; he did not fear for the fu- he address an assembly of men of hoture: he had such confidence in the nour, stating that such scandalous good sense of the country, that he conduct had taken place, and at the felt assured, when the facts were be- same time affirm that the person who fore them which had hitherto been had been guilty of it was worthy to concealed, and in ignorance of which remain upon the throne of England? their minds had artfully been wrought The pains and penalties attached to

an unwarr

this bill, were no greater than in any sional and unprofessional advisers of common case of divorce; and was the Queen. In touching on recrimi. the King to have less means of re- nation, his learned friends had introdress than the humblest individual ? duced a topic, from which their minds It appeared to him that there could must have revolted, and which they be no necessity so great as that which could not but know to be inapplicacalled for the present inquiry ; the ble. They had even advanced the necessity of not allowing such a se- extraordinary proposition, that there ries of conduct as was here charged was no difference between adultery to pass with impunity, and the indi- committed by a man and a woman. vidual so demeaning herself to sit on But why was this topic introduced ? the throne of these realms. He agreed, For a most strange and unjustifiable indeed, that silence upon this subject purpose. He should have thought could hardly be purchased at so dear that the common feeling of delicacy a price: but the moment the Queen and humanity, which he knew perchallenged inquiry, the moment she vaded the bosoms of his learned asserted her innocence, the moment friends, would have compelled abstishe set her foot in the country, and nence at least on this point. It was claimed her rank and privileges as

rrantable, because an unneQueen Consort, it became impossible cessary, attack upon an illustrious to shun this dreadful proceeding. personage, whose conduct had been Bills of pains and penalties had been twice dragged before the House. His as old as the constitution, and were great talents and popularity through- . essential to it. The case of Strafford out the country might at all times, was wholly inapplicable ; the injustice but more particularly at the present of it consisted in the Houses having moment, have shielded him from so been overawed by violence and cla- cruel and so wanton

an assault. mour out of doors. It had been said, Knowing from what quarter it prowho was the complaining party? True ceeded, it filled him with surprise and it was, that the King was not here the amazement. It had been insinuated complaining party; it did not suit his that her Majesty had been encourahigh character and station to come ged to go abroad, that she might fall before this court as the complaining a victim to a foul conspiracy. Was party; but, knowing the facts of the this meant as a charge against mini

he pursued the course befitting sters? Was it possible to suppose that his dignified and princely capacity; such detestable wickedness could enhe ordered the papers to be laid be- ter into the minds of the basest in sofore the parliament, that it might deal ciety, much less into the minds of men with the case as to its wisdom might refined by education, polished by in. Thus he became a con

tercourse with the highest classes, and senting, though not a complaining, raised by their talents to the highest party. It had been the misfortune of functions of the state? He would no these proceedings, from the com- longer follow the wandering course mencement, and through every stage, of his learned friends, but would only that collateral topics, calculated to remind the House, that the question excite prejudice, and to inflame the before them simply related to the mode passions of the multitude to create of proceeding, and he trusted they distraction in the country, and to shake would find no reason for altering that the very foundations of the monarchy, which they had deliberately adopted. had been introduced by the profes- Mr Brougham replied at some


seem meet.

length, after which Lord King an almost entirely of a detail of the facts, nounced a motion, That it appears to which counsel were prepared to prove the House that it is not necessary for against her Majesty. It composed, the public safety, that the bill enti- therefore, an abstract of the evidence tled “ An act to deprive her Majes- afterwards produced, which evidence ty,” &c. should pass into a law. having been given at great length in

On the following day this motion the first article of the Appendix, it was fully debated, being supported would neither be necessary nor conby Lord King himself, and at great sistent with our limits, to introduce length by Earl Grey ; while the Earl it here in a different shape. of Liverpool spoke in opposition. The The Attorney-General having condebate was long and animated ; but cluded, immediately introduced his as no topic could now be introduced, witnesses. The appearance of the which had not already been urged first of them, Theodore Majocchi, was over and over, an analysis of it would followed by a loud scream from the have little interest. There was some Queen, who, calling out “Theodore !" novelty, however, in the statement immediately ran out. This action caumade by Lord Liverpool, relative to sed an extraordinary sensation in the the allegation, that the whole object House, and when reported; throughof this bill was, that the illustrious out the country, her enemies propersonage filling the throne might be claiming it as the symptom of consciable to get rid of his wife, and marry ous guilt, and of dreaded detection at again. He (Lord Liverpool) declared the view of one well able to witness most solemnly before their Lordships, it; while her friends described it as that he believed that no such feeling a natural agitation at the view of an had entered into the mind of his Ma- old and long favourite servant, coming jesty. For himself, and for those who forward to betray her. acted with him, he could assure the The period from the 21st of August House, that that provision was a part to the 7th of September, was now unof the bill to which the least value interruptedly occupied in the hearing was attached. Undoubtedly it fol- of evidence against the Queen. For lowed as a corollary to the rest of the this, as already hinted, our readers measure it was a fair and ordinary are referred to the first article of the conclusion ; but it was the least im Appendix, where it is given at very portant part of it, and was very far full length. We have preserved, in from being its chief object and in all the important parts, both the iptention.

sissima verba, and the form of quesThe motion was negatived by a tion and answer, without which the majority of 181 to 65.

spirit and character of testimony can Lord Liverpool having moved that never be fully exhibited. Having decounsel be called in, Earl Grey and voted to this purpose so large a proLord Calthorpe made a last attempt portion of our pages

, it could servto stop proceedings, by negativing no purpose to give here a comparae this proposition. It was carried, how- tively uninteresting abstract. ever, by a majority of 176 to 64. The evidence being closed, the So

The Attorney-General now enter- licitor-General proceeded to sum up. ed, and, at the desire of the Lord Before beginning this task, however, Chancellor, proceeded to open the he begged their Lordships would alThis opening speech consisted low him a few moments to justify

himself, and his other friends who act- was always to be inferred from aced with him, as to the course pursued companying circumstances, which by them, and the principles by which left no doubt of the fact upon the they were actuated, in conducting mind of a rational and intelligent man. this most painful and anxious inqui- On this point of proof he would beg ry. The moment the Attorney-Ge- leave to quote the opinion of one of neral had received his instructions to the most enlightened judges that ever support this bill, he, together with sat in this country. He had received his learned friends who were appoint. this opinion from one of his learned ed to assist him, directed their most friends, who had taken notes of it at minute and anxious attention to col- the time it was pronounced by the lect all the evidence that it would be learned judge. It was in the case of their duty to adduce before their Lord- Loveden v. Loveden, before Sir Wilships upon such an occasion. They liam Scott, in the Consistory Court, lost not a moment in weighing well in the year 1809. The learned judge and considering all the materials, and then stated, that there was no necessity every other evidence which could bear in a case of that nature to prove the acupon this great question. They col- tual fact of the adultery, for that could lected together and digested every not be proved in 99 cases out of 100, thing which they thought material to where there was still no doubt of its this paramount inquiry, without re- having taken place. The uniform rule gard to either the influence or the was, that where facts were proved impression which any parts of that which directly led to the conclusion evidence were calculated to create that the act of adultery had been when it came before their lordships. committed, such proof must be taken In so doing, they felt that they were as sufficient. Now let the House for performing their duty fully, fairly, a moment look at the case in this and candidly to their lordships. Now light :-Suppose an adulterous interthat the evidence had been gone course really to have existed, how through, they trusted their lordships would that intercourse have manifestthought they had fully discharged ed itself? How, but from the habitual the duty imposed upon them. They conduct of the parties ? After going felt that in the progress of this cause, over the facts of the case, he remarkthey were not to make themselves a ed, it was impossible for him to sit party to the inquiry ; but to pursue down without alluding to what had it, according to their lordships' in- before been said to every cross-exastructions, fairly, candidly, and ho- mination, and had been rung in their nestly. The learned Counsel then pro- ears already, from the beginning to ceeded to sum up the various facts the end of this case ; indeed, from the detailed in the evidence, through first moment any mention was made of which, for reasons now repeatedly the subject, and for the purpose of inmentioned, we decline to follow him. volving in reproach every individual We may quote, however, his obser- who took any part in the proceedvation as to the absence of any direct ings. It was quite impossible for the proof of the criminal act. He should persons at the head of his Majesty's merely observe, that he did not re- government not to have established collect a single instance, in cases of some mode of inquiry; it was quite adultery, where the actual fact was impossible that they should not have fully proved in evidence. The crime inquired into reports in the highest

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