Imatges de pÓgina

suffer, in the opinion of the world, by other servants probably thought thementering into society with a person selves equally capable of filling. But whom any royal individual honoured when their lordships considered the with notice and distinction. Besides, circumstances under which this perit had been proved that it was thought son had been promoted, and the mannecessary that her Majesty should ner in which he had discharged the have a guard; and their lordships duties of his station, he would ask would recollect what had been pro- whether there was any chance that ved respecting the placing of Berga- her Royal Highness could have made mi near her Royal Highness. M. Si- a better selection ? It appeared that card had stated that the cabinet to Bergami had filled the office of chamwhich Bergami was removed, at Na- berlain with fidelity and propriety; ples, opened into the garden ; that and when he was promoted, her Royhe thought it necessary to have Ber- al Highness could bave no hope that gami there; and, without the smallest any individual of rank would take it, notice being given to her Royal High- or that she could have the opportuness, and without any communica- nity of offering it to any other person tion, or any knowledge whatever on equally fit for the office. Io making her part, Bergami was removed from that appointment, therefore, she had the room in which he slept, and pla- acted with propriety as well as geneced in that cabinet. It was most im- rosity. But it appeared that the virportant that her Majesty should have tuous feelings of this exalted lady were near her a person whose fidelity could all to be made a foundation for drawbe relied on; for no man who read ing unjust and injurious conclusions. the evidence could for a moment In conclusion, Mr Denman made doubt, that her Majesty was at this some pointed remarks on the calumtime surrounded by spies, and that ies circulated by persons even of the there was reason to apprehend that most exalted rank, and the dreadful her personal safety was in danger. ordeal through which her Majesty's But, if there should be any difference conduct had passed. of opinion on that point, at least this Mr Denman was followed by Dr was clear-that her Royal Highness Lushington, whose speech was chiefly was impressed with a belief to this ef- remarkable by his treading so closely fect. Now, when Bergami had ho- on a subject, on which the Queen's nestly discharged the service in which Counsel had boasted of their silence. he had been employed, could any It was his duty, in the first instance, thing be more natural than that he to make one or two observations on should have been promoted from the the charge as a case between husband honourable office of page, to the still and wife; and here he must observe, more confidential one of chamber- that though, through the whole of his lain? Bergamihad qualifications which professional life, he had been conver. particularly fitted him for the office. sant with cases of adultery, he had Among others, he had been in the to declare that this was the most ex, habit of keeping accounts. It appear. traordinary he had ever read or heard ed that the servants liad constant dis- of. He was bold to say, without the putes with Bergami or his brother; fear of contradiction, that no preceand, to all the other motives of irri- dent could be found in modern times tation, was to be added that of jea- where a husband sought a divorce by lousy at the sudden promotion of Ber- accusing of adultery a wife of titty gami to an office, which each of the years of age. Were his Majesty a

simple subject, was there a man in ceivable that a wife, thus deserted, the world who would say, that he was thus persecuted, should now be told, entitled to any consideration what- that she had been unmindful of her ever in an application for divorce duty, whilst the husband, who was that it was possible he could have pledged to protect her, had allowed any injury founded on such a com- her to pass through the world withplaint, for which he could claim re- out a friend to guard her honour. He dress ? As a husband, then, the King regretted the discussion of these tohad no right to seek redress. But pics. He knew well, that, when the then it was said, that this application acts of kings were brought before the was not in the name of the King, and public, there were individuals who that the law in the case of a subject dwelt with triumphant satisfaction on was not applicable to the Sovereign. the exposure. No man could feel the Let, however, no one presume to say difficulty of bis situation more than that he is emancipated from obedience he did, when called upon, in the perto the laws of God; for thai assertion, formance of a solemn duty, to dwell of whomsoever it be made, was found. upon such painful considerations; but ed in untruth and falsehood. It was he owed it to himself and to his client also said that rank and station in the to speak out boldly. Their lordships wife required a more rigid observance could not, unless fully prepared to of duties than in the husband; but violate the laws of God and man, dewas there any duty which was not re- clare against his client. That veneciprocal ? Was it not so with respect rable bench of Bishops, wlio formed to matrimonial rights? And was it to part of the judges, could not, without be said that there was one law for violating the tenets of that gospel woman and another for man? or did which they preached and inculcated, superiority of rank make the engage- pronounce against the wife of their ment taken at the altar of God less Sovereign. The laws of God and of binding? Was the private individual the country were upon her side, and to be told that there was one divine he was sure that it was not there that law for him, and another for the scep- they would be violated. tered monarch? What was the pliglit- Dr Lushington then went into a ed troth of the husband-what the detailed examioation of the evidence, promise made at the altar ? To love and concluded with leaving his illusand to comfort. But how was that trious client, her honour and characpromise observed? Where was the ter, in the hands of the House with love?-where the comfort? Where the most perfect confidence; he left should he look for the one or the her, not to the mercy, but to the jusother ? The comfort! what traces tice, of their lordships. He then prowere there of it? If he went back to ceeded to an elaborate summing up 1806, was it to be found there? or of the evidence. must he look for it in 1813, at that In reply to these observations of period of cruel interference, when the the Queen's Counsel, replies at great intercourse between the mother and length, and continued for several days, the daughter was prohibited ? Was it were made by the Attorney and So. to be sought for at the period when licitor-General. Our limits, of course, the mother was exiled to a foreign can admit only a few of the most leadland? No; there it did not exist ; for, ing features. In regard to one of the wherever she went, the spirit of per- most critical circunstances of the evisecution followed her. It was incon- dence, the Attorney-General obser

ved,- Did not her Royal Highness person called, who had also been with and Bergami sleep under the same her Royal Highness as dame-d’hontent on the deck of the polacre from neur from the period of her English Jaffa to Capodanza, and for the space suite's quitting her at Milan up to her of nearly two months ? The reason arrival in this country? Was it meant assigned for this was, forsooth, that to be said that that lady of honour some horses were below ; that their

was not to accompany her? Was her noise, and the heat of the weather, Royal Highness to be left without compelled her Royal Highness to re- one? She travelled up, then, to St pose under a tent on the deck. But Omers, without one female attendant his learned friend (Mr Denman) said in the capacity of lady of honour. that this did not deserve the name of The Countess Oldi, of all persons, a tent; that it was only the ship’s was the one whom their Lördships awning—a sort of covering, loosely might have expected to be produced let down over her Royal Highnesson the other side. Of the Countess and easily opened by any body on Oldi there could be no suspicion. She deck. What said their own witness, was of a family against whom there Lieutenant Flynn ?-that it was fast- could be no suspicion of her Royal ened down to the ship’s ring-bolt on Highness. She was of the family of the deck. Majocci, at page 90, and Bergami, of which there could be no Gargiulo and Paturzo, at pages 121 suspicion ! She it was who Mr Wiland 131, both prove how the tent liams had said should be called to stood; they prove all the particulars, contradict the facts charged to have not one of which stands contradicted occurred in the journey

from Rome by a tittle of evidence. Both the cap- to Senegaglia. But were these all who tain and mate proved, that, while Ber- might have been placed at that bar? gami was reposing under the tent, and Why was not Austin produced ? her Majesty hanging over him, Schia. Where was he? He was now nine. vini ordered the tent to be let down: teen; his name was among those of this was done in broad day, and by the witnesses in attendance. He could the order of Schiavini. Where was have contradicted many parts of the Schiavini to contradict this. He was testimony on the other side. Where now living at Brandenburgh-house was Hieronymus?--At Brandenburgh. with her Majesty–he had been sent house, but by no means forthcoming. over to collect witnesses. Was he Where was Schiavini ?-He was also too without nerves for cross-examin- in the country. But though he peration, as Captain Flynn and the La- formed many important acts about dies Oldi and Marietta wersaid to the tent, he was yet not produced

. be? Was not Schiavini to be found Where was Ludovico Bergami, who with nerve enough to contradict the waited at table, his brother being, a fact, that, by his order, the tent had courier at Genoa ? Why was not he been let down under the circumstan- produced ? Where was Cameron? ces he had named ?

Where was Lini, the Jew harper? He In regard to the non-production of had now named about eight persons ; witnesses, the learned Counsel after- but there was Carlini too, who was wards urged still more forcibly: Lady on board the polacre; why was not Charlotte Lindsay was produced. he produced, and the whole family Why, if she was produced as the dame- indeed of the Bergamis-Faustina, d'honneur who was in that capacity the mother; Rappi, Bernardo, Franfor so short a time, why was not that cesco ? Not one of these had been produced, although his learned friends for the first time at their lordships had undertaken to contradict every bar, to launch into invectives against part of the case for the prosecution. the constituted authorities of the They called, indeed, Lieutenants realm. Modern precedents were to Flynn and Hownam, and then Vas- be sought for, to justify the course sali; but either they have such weak which they had been allowed to adopt; nerves, or such treacherous memories, and the annals of corrupt Rome were that his learned friends thought their to be ransacked for examples odious other witnesses must not be produc enough to serve the purposes of their ced at their lordships' bar, and there- denunciation. The cruellest of tyfore they had been withheld. In re- rants, the most detested of all antigard to Bergami, it was observed, quity, was to be brought forward as their lordships had been kept in hap- a supposed parallel to the King. The py ignorance as to the nature of his throne itself was not spared ; nor was services. What was there at Genoa, this all—their lordships were not at Milan, at Naples, to call for all that spared. No one was to be exempted further favour which was shewn him, from the extraordinary observations to allow of his introducing into her which had fallen from his learned Royal Highness's house and service friends. Their lordships wouldall his relations-Faustina, who, at he would not say pardon them ; but Genoa, was not known to be his sister? perhaps some excuse was to be allethe Countess Oldi, who, at Genoa, was ged for them in their trying situation. not known by Dr Holland to be his If the Queen, however, was innocent, sister? Why was all this secrecy kept her innocence was to be established up? Why, then, was Louis Bergami in some other way. If she was innoto be admitted into her Royal High- cent, it was not invective and viruness's service? What ! her Majesty, lence which would prove her so. Inwho never before let any servant dine nocence stood secure always in its with her, at her Majesty's table, sud- own strength: it wanted no aid from denly permitting, not only Bergami, vindictive aspersions. Whatever had but so many members of his family, been the eloquence of those invecto dine there. The learned Counsel tives, during the time that the quesconcluded : Mr Brougham had ar- tion of that innocence was to be exagued, that an advocate for an accu mined, he could not help thinking sed was to defend his client at all that the path of duty was to be preevents; and, separating the duty of ferred by his learned friend. But it an advocate from that of an honest seemed, by the conclusion of Mr and independent citizen, was to go Brougham's address to their lordon, regardless of the dangers he in- ships, that the public had already curred, and reckless of the conse- passed their verdict upon this case. quences, even to his country. But The public had passed no verdict. what was the duty imposed upon his There was, indeed, a part of the comlearned friends ? To protect the in- munity who had attempted to do so terests of their client, to guard the who had, by the most base, the innocence of the Queen, and to esta- most insidious means, endeavoured blish it against the charges by which to deceive the best and most deserit was impugned. This they had at- ving part of the nation—who had entempted to do. But had they confi- deavoured to wrong and to betray ned themselves to that duty? No; them. These, while they had the for the Counsel had been permitted, cause of the Queen in their mouths, had another cause in their hearts. am sure your lordships will proHe would not say that he believed it, nounce it with confidence ; that it but it must pain every one to believe, will be satisfactory to your own conthat any countenance could be given sciences, and, sooner or later, that it to such a party by the illustrious per- will be satisfactory to the whole counson accused. Now, not only had all try.” this been done out of doors, but, their The Solicitor-General wished to lordships had been told, in magnifi- confine himself chiefly to those facts cent language, and in a manner he which had been established by unhad rarely seen surpassed, and which, doubted witnesses, and concerning at the time, had no doubt produced which no question had been raised. a very considerable effect that their He dwelt particularly on the elevajudgment, if it went to degrade and tion of Bergami. Bergami was hired dethrone the Queen, would be the as a courier, as a courier only, on the last and only one they could pass, journey from Rome to Naples. In a which would fail in its object, and be few months afterwards their lordproductive of endless ill consequen- ships would find him elevated to the ces; and their lordships were told,

rank of chamberlain or equerryand attempted to be persuaded, that, made a Knight of Malta, (a very high as the only means of preserving the and great distinction); a Sicilian bahonour of the crown, and securing ron; a Knight of the Holy Sepulchre; the tranquillity of the country, they and in possession of a very considerwere called upon, at all hazards, and able estate in the neighbourhood of whatever might be the contrary bias Milan. These were facis not dispuof their own opinions, to pronounce ted; it became, then, very material a verdict of acquittal; because, for- to consider how they had been resooth, such a verdict the state of the plied to–how met on the other side. whole country demanded, in the opi. His learned friends bad felt the weight nion of his learned friends. God for- of them, and in the discharge of their bid that such a topic should ever pre- duty had endeavoured, of course, to serve any weight with their lord- give some explanation of them. Let ships ; that any consideration should their lordships now inquire a little sway them from their duty; that they into that explanation ; let them exshould desert the persons of high bo- amine it, and see how completely, how nour and character, who were inte- entirely, it had failed. Mr Brougham, rested in this case, or the exercise of in the course of his address to their that discretion which had hitherto lordships, had stated that this was commanded the respect and concur- all very natural—that Bergami was rence of the country. “The throne,” born a gentleman, but was reduced concluded the learned gentleman, in his circumstances, merely by the “ will be best protected, and the altar events of the French revolution that best defended, by a judgment passed he had sold his estate to pay off his by your lordships according to evi- father's debts. What, however, was dence, the evidence which has now the evidence which the other side had been offered to you. If that conclu. laid before their lordships with resion, my Lords, be what I have en spect to this important fact? They deavoured to show, that the nature called Colonel Tuille, who gave this and amount of the evidence go to account of Bergami :-He said that establish, and which, I think, it ine- he was a sergeant, or held a situation vitably will be, a verdict of Guilty, I equivalent to that of a sergeant, in

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