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the French army. He told their lord- priety of conduct. It might, perhaps, ships that Bergami was the private, be said that some impropriety had in but familiar, servant of General Pino; a particular instance attached to some and they had it uncontradicted in evi- subordinate agent; be that as it might, dence, that, while in the service of he was justified in asserting, that the General Pino, he received wages at commissioners neither countenanced the rate of three livres a-day, waiting such conduct, if it had occurred, nor regularly at table. This was the evi- were in the smallest degree privy to dence relative to the previous situa- it. The learned Counsel, like his pretion of Bergami—a previous situation decessor, expressed his surprise at the which was granted on the other side, language used on the other side, and but accounted for by its being said particularly at the appeals made to that he was born and destined to be what passed out of doors. Their lorda gentleman, but was reduced to ne- ships, he trusted, would decide solecessities. Of this man's family, it ly upon the evidence, without any would be seen that no less than twelve regard to such considerations. or thirteen had been taken into the When the pleadings had concluPrincess's service: by his relatives and ded, Mr Brougham came forward connexions her Royal Highness was with letters of Baron Ompteda, which beset on all sides, with one most re- he requested to be allowed to read, markable exception, which their Jord- as throwing light upon the conduct ships could not fail to notice, and of the Milan commission. The Duke which had been already emphatically of Hamilton moved, that these letters alluded to by his learned friend, the should be received. Even Earl Grey Attorney-General ; it was, that Ber. and Lord Holland, however, were of gami's wife never roade her appear- opinion, that this was inconsistent ance where the Princess took up her with the rules of law, and that an inresidence. All the rest of the family, quiry into the conduct of the Milan and Bergami's child, were with the commission would now be premature. Princess; but the wife was kept at a The motion was therefore negatived distance; she never could partake of by 145 to 16. the hospitality of her Royal High- This long and anxious proceeding ness's establishment ; she was the being now brought to its legal termionly one of the family who was called nation, the House had to proceed to submit to every sacrifice without to the legislative part of the question. a murmur. How was it possible to The debate on the second reading was reconcile all these facts with the state of extraordinary length, being contiment of his learned friends opposite, nued through five successive nights. As that Bergami's fidelity as a servant a full report of it would be sufficient was the sole cause of his advance to fill a great part of our volume, we ment? It was impossible to put all must, of course, confine ourselves to these facts together, without arriving a few leading features. at the conclusion, that the degrading The Lord Chancellor spoke first. intercourse had been carried on which He began with recapitulating the was stated in the preamble of the grounds on which the mode of probill. In regard to the Milan commis- ceeding adopted appeared to him the sion, it was observed : Not a single most eligible, as well as with defend. fact could be brought forward to prove ing the decisions, both positive and that the Milan commissioners bad negative, which had been passed upbeen guilty of the smallest impro. on various points. Considering, then,
the general result of the evidence, if of this evidence, let their lordships they looked at a few facts which had travel with him to the polacre. Now, been proved by witnesses quite above who went on board the polacre with all suspicion, and on whom no suspi- her Royal Highness? There was cion had been attempted to be cast
- Schiavani, Hieronymus, Bronn, the they would then be able to pronounce Countess Oldi, Carlino, Camera, and an opinion on the charge of adultery. William Austin. He thought their Looking at the case in this point of lordships would feel with him, that if view, it did appear to him, and it they were trying the mere question, was with the utmost pain he said it, whether Bergami and the Princess that he could draw no other conclu. slept under the same tent or awning, sion than that there had been an adul- whichever they pleased to call it, terous intercourse. With respect to there could be no doubt on the subcontradictions, and the contradictions ject. His lordship then went over which it might be said had been given other details of the evidence, to shew to the evidence, it had been his duty that they led to the same conclusion. very frequently to consider the effect In conclusion, he observed, “ One which contradictions might have in word more as to what is passing out of summing up the judgment, if he might doors, and then I have done. I take use the expression, in cases which bad no notice of it, because I am suppocome under his observation. It might sed constitutionally not to be acoften happen, in the course of a trial, quainted with it. But this I will say, that circumstances were proved which let what may or will happen, that I might have no effect upon the real shall here perform my duty. But your question at issue ; and it might also lordships have heard from the barhappen that facts were alleged which what I was sorry indeed to hear from it was impossible for any party to con- such a quarter, and what I never tradict. But, in cases where persons heard from it before-your lordships, were called who spoke to a particu. I say, have heard an intimation, that, lar fact, other persons being present, if yoų pass judgment against the and no contradiction was given with Queen, you will most likely never respect to that fact, (those persons have the power to pass another judg. being within the reach of the party ment. You have heard something like whose interest it was to disprove the a threat held out to you. I declare fact), then it appeared to him that the that such a mode of addressing a ciscumstance of these persons not be- judge was never before conceived to ing called amounted to a tacit admis- be consistent with the duty of an advosion, that the fact so charged was in- cate; but whether an advocate be right capable of contradiction. Now, suffer in using such language or not, you him for a moment to lay out of the will allow me to observe, my Lords, case all the evidence which has been that it ought to have no effect upon called in support of this bill to lay you. You stand here as the great and out of the case the evidence of Ma- acknowledged protectors of the lives, jocci, and Demont, and Ratelli- the liberties, the honours, and the cha(and when he desired that these racters, of your fellow-subjects. That might be left out, he was not pre- trust ought not to be imposed upon suming nor meaning to admit that you for a minute, if you can be actuthese persons might not, in many cir. ated by any improper bias or feeling. cumstances, have spoken the truth), For myself, if I had not a minute --but laying out of the case the whole longer to live, I would say to your lordships, Be just and fear not.' I When it was recollected that soveknow the people of this country. If reigns were, in situation, as much above you do your duty to them as you the rest of mankind as a person on a ought, whilst you preserve their li- lofty mountain was above the pasberties and the constitution, which senger on the plain beneath him, it has been handed down to you by would not create surprise if it someyour ancestors, the time is not far times happened that they acted as if distant when they will do their duty they had lost sight of the proportion to you—when they will acknowledge which existed between themselves that it is the duty of those to whom and those below them. Besides, they a judicial task is imposed to meet re- claimed the right, as well as possessproach, and not to court popularity. ed the power, to exalt individuals You will do your duty, and leave the from the lowest stage in society to rest to the wisdom and justice of God, the most distinguished rank and the who guides the feelings and senti- highest honour. He agreed with his ments of mankind, and directs the noble and learned friend on the woolend and tendency of all human affairs. sack, that the advancement of BerHaving thus discharged my own in- gami differed very much from that of dividual duty, I leave it to your lord- individuals who, after long years of ships to decide what is to be the fate exertion, worked their way to disof the bill now upon your lordships' tinction either in the bar or the table."
church, the army or the navy. He Among the speeches made in de- likewise thought with him, that it fence of the Queen, that of Earl was one of the noblest points of the Grey was peculiarly distinguished for British constitution, that it placed the copious, profound, and candid no bar in the road to promotion bemanner in which he considered the fore any individual. Still he could subject. He could not but express not forget, that all history, both anastonishment that the pompous array cient and modern, and especially our of charges preferred should have own history, was pregnant with exbeen reduced to the sudden elevation amples of persons elevated from the of Bergami, and the scene on board lowest to the most exalted stations, the polacre. On the first subject he from no other motive than caprice and agreed that the great favour shewn favour; and, as was said by a noble to Bergami, and the intimacy con- friend of his, it was seldom found tracted with him, were deviations that those who obtained that good forfrom her Royal Highness's rank, and tune did not let in some part of their he could not help wishing that she family to partake of it. The rapid had acted more carefully. But impro- elevation of Bergami—and he did not priety, although a natural cause of mean to assert that it was not a cirsuspicion, was no proof of guilt; and, cumstance of suspicion-ought then in his apprehension, there were cir- to be considered with some qualificacumstances and habits which ought tion, especially when it was recollectto qualify and mitigate that suspiced where her Majesty was at the time cion. Although it might appear pa- residing. She was in a country surradoxical, he considered that there rounded by war, of which the conwas something in Bagami's situation vulsions, however they might herewhich furnished less ground for sus- after terminate, had shaken society picion than would have existed had from its very basis-she was in a he been a person of superior rank. country where she every day saw, on
the one hand, individuals who had on the cross-bench would have imbeen reduced from affluence to po- mediately detected it, and they should verty, and, on the other, individuals have been told that neither of them who had been exalted from obscurity was entitled to credit. Because they to distinction, by the appalling events were absent, no one surely could say of the French revolution—she was in that their lordships ought to join in a country whose very sovereign had a verdict of guilty against her Marisen from a situation in life as hum- jesty, as if that indeed were the only ble and as obscure as that of Berga. question which they were called upmi-nay, more, she knew that, at that on to decide. As to another leading very time, the government of Eng- point, Earl Grey would now admit, land was in amity and alliance with that, by the evidence of five witnesses, another monarch whose origin was and the admission of Lieutenant Howequally low and contemptible. He nam, the fact of the tent scene on again repeated, that the elevation of board the polacre was placed before Bergami was suspicious; but their them. His noble friend had stated, lordships wanted something more that the admission of Lieutenant definite than those suspicions, on Hownam
came on her Majesty's which so much stress had been laid. Counsel by surprise, and that, from The Lord Chancellor had said, with the moment it was made, the whole respect to Majocci and Demont, that course of the defence was altered, though he thought that there were and an endeavour was made to prove many contradictions and inconsisten- a conspiracy. This certainly was not cies in their evidence, he could not the fact. He had listened with the go so far as to say that they might utmost pleasure and attention to the not have spoken a great deal of truth. strain of eloquence, correct reasoning, He (Earl Grey) would allow that it and legal argument in wbich her Mawas possible that upon some occa- jesty's case was opened by her Attorsions they might have spoken truth; ney-General, and he certainly did not but their lordships could not depend recollect him to have stated, as a part upon their evidence in any single of his case, an admission that Bergami point, unless they were upon that slept under the tent; but he was point confirmed by that of some un- equally certain that his learned friend impeachable witness. Earl Grey did not state that he meant to set up thought that the Counsel for the a denial of that fact as any part of the Queen might have good reasons for defence, which he assuredly would not calling the reserved witnesses, have done if he had intended to ivparticularly Mariette and the Count troduce such a denial. Besides, if his ess Oldi. If the Counsel had called memory did not fail
him, Mr Wila them to depose to a single fact, they liams, in his admirable comment on would have laid them open to a cross- the evidence that had been called, examination as to her Majesty's con- and his eloquent and perspicuous duct during the whole of that time, statement of that which was to be and also to the declarations--for that brought forward, distinctly admitted
was a point not to be neglected that the fact would not be disproved. :, which they might have made in the No attempt was made to alter the course of it ; and should they have course of the defence, in consequence been caught tripping upon a single of any thing that had been stated by point in the whole of that long pe- Flynn or Hownam. It was, it appearriod, the lynx eye of his noble friend ed, intended originally that the de
fence of the Queen should not be sup- circumstance of his reposing there, ported by any effort to cast a doubt that a criminal familiarity existed beon the fact that Bergami had slept tween the parties. If even a case was under the tent. The principal circum. made out, which left no doubt on his stance that took place on board the mind that a connexion subsisted bepolacre, was, as he had just observed, tween Bergami and the Queen, he proved by five witnesses, and sup- would still never admit that it had ported by the admission of Lieute- taken place on board ship. Was it not nant Hownam; and it amounted to ridiculous to suppose, because they this, that during five weeks Bergami went on board together, that they did sleep under the tent of the Queen. must have an intrigue ? Every man The question was, were their Lord- must feel, looking to the situation in ships to infer from this that the cri- which the Queen was placed, fatigued minality of the Queen was so decisive- and exhausted with constant exertion, ly proved as to justify a verdict of that such a period was not suited to guilty? The conduct imputed to the the indulgence of passion. At such a Queen did not appear to him to come time motives of such a nature could before their lordships surrounded by not exist, while, on the other hand, all that mystery and concealment reasons more consistent with inno. which commonly attended the tra- cence could be found for the conduct cing of a man, in the night, to the she was said to have pursued towards apartment of a woman, and his stay- Bergami. When this was the case, it ing there, under those peculiar cir- was for his noble friend to throw the cumstances which would only lead to doubt into the scale of the accused one inference and conclusion. It was party, instead of laying it aside ena circumstance of a suspicious nature, tirely. He would ask of their lordwhich he regretted to have occurred, ships who had been on board ship, and for which the reason and excuses and were used to the miseries of sea that had been assigned did not ap- voyages, whether those sufferings did pear to him to be altogether satisfac- not for a time put an end to delicacy tory. That circumstance might, how- of feeling even in the most modest ever, have existed under the peculiar women, who were compelled by cirnature of the case ; and considering cumstances to act in a manner to how her Royal Highness was situa- which they had been previously unted on board the polacre, it might accustomed. He admitted that a sushave appeared consistent with perfect picion existed, but could they, from innocence. The statements of Gar- a suspicion alone, draw any fair infergiulo, leading to an opposite belief, ence of criminality that could authoappeared to him on many grounds rise a verdict of guilty? Well, then, liable to suspicion. Looking to the was the case to be made out by adddanger to which her Royal Highness ing to it other facts, which did not might be exposed ; considering that stand on sufficient proof to be receiBergami, who was raised to the rank ved by themselves ? He alluded parof her chamberlain, (whether impro- ticularly to the sudden elevation of perly or not he did not mean to in- Bergami. They were, he admitted, quire), though he slept under the tent, matters of great suspicion, but taken did so when the hatches were open, together they were no more than suswhich was always the case,
he could picior, and could not amount to the not bring his mind to infer, from the fair conclusion of guilt, which alone
VOL. XIII. PART I.