Imatges de pàgina
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suffer, in the opinion of the world, by entering into society with a person whom any royal individual honoured with notice and distinction. Besides, it had been proved that it was thought necessary that her Majesty should have a guard; and their lordships would recollect what had been proved respecting the placing of Bergami near her Royal Highness. M. Sicard had stated that the cabinet to which Bergami was removed, at Naples, opened into the garden; that he thought it necessary to have Bergami there; and, without the smallest notice being given to her Royal Highness, and without any communication, or any knowledge whatever on her part, Bergami was removed from the room in which he slept, and placed in that cabinet. It was most important that her Majesty should have near her a person whose fidelity could be relied on; for no man who read the evidence could for a moment doubt, that her Majesty was at this time surrounded by spies, and that there was reason to apprehend that her personal safety was in danger. But, if there should be any difference of opinion on that point, at least this was clear that her Royal Highness was impressed with a belief to this effect. Now, when Bergami had honestly discharged the service in which he had been employed, could any thing be more natural than that he should have been promoted from the honourable office of page, to the still more confidential one of chamberlain? Bergami had qualifications which particularly fitted him for the office. Among others, he had been in the habit of keeping accounts. It appeared that the servants had constant disputes with Bergami or his brother; and, to all the other motives of irritation, was to be added that of jealousy at the sudden promotion of Bergami to an office, which each of the

other servants probably thought themselves equally capable of filling. But when their lordships considered the circumstances under which this person had been promoted, and the manner in which he had discharged the duties of his station, he would ask whether there was any chance that her Royal Highness could have made a better selection? It appeared that Bergami had filled the office of chamberlain with fidelity and propriety; and when he was promoted, her Royal Highness could have no hope that any individual of rank would take it, or that she could have the opportunity of offering it to any other person equally fit for the office. In making that appointment, therefore, she had acted with propriety as well as generosity. But it appeared that the virtuous feelings of this exalted lady were all to be made a foundation for drawing unjust and injurious conclusions.

In conclusion, Mr Denman made some pointed remarks on the calumnies circulated by persons even of the most exalted rank, and the dreadful ordeal through which her Majesty's conduct had passed.

Mr Denman was followed by Dr Lushington, whose speech was chiefly remarkable by his treading so closely on a subject, on which the Queen's Counsel had boasted of their silence. It was his duty, in the first instance, to make one or two observations on the charge as a case between husband and wife; and here he must observe, that though, through the whole of his professional life, he had been conversant with cases of adultery, he had to declare that this was the most extraordinary he had ever read or heard of. He was bold to say, without the fear of contradiction, that no precedent could be found in modern times where a husband sought a divorce by accusing of adultery a wife of fifty years of age. Were his Majesty a

simple subject, was there a man in the world who would say, that he was entitled to any consideration what ever in an application for divorce that it was possible he could have any injury founded on such a complaint, for which he could claim redress? As a husband, then, the King had no right to seek redress. But then it was said, that this application was not in the name of the King, and that the law in the case of a subject was not applicable to the Sovereign. Let, however, no one presume to say that he is emancipated from obedience to the laws of God; for that assertion, of whomsoever it be made, was found. ed in untruth and falsehood. It was also said that rank and station in the wife required a more rigid observance of duties than in the husband; but was there any duty which was not reciprocal? Was it not so with respect to matrimonial rights? And was it to be said that there was one law for woman and another for man? or did superiority of rank make the engagement taken at the altar of God less binding? Was the private individual to be told that there was one divine law for him, and another for the sceptered monarch? What was the plighted troth of the husband-what the promise made at the altar? To love and to comfort. But how was that promise observed? Where was the love?-where the comfort? Where should he look for the one or the other? The comfort! what traces were there of it? If he went back to 1806, was it to be found there? or must he look for it in 1813, at that period of cruel interference, when the intercourse between the mother and the daughter was prohibited? Was it to be sought for at the period when the mother was exiled to a foreign land? No; there it did not exist; for, wherever she went, the spirit of persecution followed her. It was incon

ceivable that a wife, thus deserted, thus persecuted, should now be told, that she had been unmindful of her duty, whilst the husband, who was pledged to protect her, had allowed her to pass through the world without a friend to guard her honour. He regretted the discussion of these topics. He knew well, that, when the acts of kings were brought before the public, there were individuals who dwelt with triumphant satisfaction on the exposure. No man could feel the difficulty of his situation more than he did, when called upon, in the performance of a solemn duty, to dwell upon such painful considerations; but he owed it to himself and to his client to speak out boldly. Their lordships could not, unless fully prepared to violate the laws of God and man, declare against his client. That venerable bench of Bishops, who formed part of the judges, could not, without violating the tenets of that gospel which they preached and inculcated, pronounce against the wife of their Sovereign. The laws of God and of the country were upon her side, and he was sure that it was not there that they would be violated.

Dr Lushington then, went into a detailed examination of the evidence, and concluded with leaving his illustrious client, her honour and character, in the hands of the House with the most perfect confidence; he left her, not to the mercy, but to the justice, of their lordships. He then proceeded to an elaborate summing up of the evidence.

In reply to these observations of the Queen's Counsel, replies at great length, and continued for several days, were made by the Attorney and Solicitor-General. Our limits, of course, can admit only a few of the most leading features. In regard to one of the most critical circumstances of the evidence, the Attorney-General obser

ved,-Did not her Royal Highness and Bergami sleep under the same tent on the deck of the polacre from Jaffa to Capodanza, and for the space of nearly two months? The reason assigned for this was, forsooth, that some horses were below; that their noise, and the heat of the weather, compelled her Royal Highness to repose under a tent on the deck. But his learned friend (Mr Denman) said that this did not deserve the name of a tent; that it was only the ship's awning-a sort of covering, loosely let down over her Royal Highness, and easily opened by any body on deck. What said their own witness, Lieutenant Flynn ?-that it was fastened down to the ship's ring-bolt on the deck. Majocci, at page 90, and Gargiulo and Paturzo, at pages 121 and 131, both prove how the tent stood; they prove all the particulars, not one of which stands contradicted by a tittle of evidence. Both the captain and mate proved, that, while Bergami was reposing under the tent, and her Majesty hanging over him, Schiavini ordered the tent to be let down: this was done in broad day, and by the order of Schiavini. Where was Schiavini to contradict this. He was now living at Brandenburgh-house with her Majesty-he had been sent over to collect witnesses. Was he too without nerves for cross-examination, as Captain Flynn and the Ladies Oldi and Marietta were said to be? Was not Schiavini to be found with nerve enough to contradict the fact, that, by his order, the tent had been let down under the circumstances he had named?

In regard to the non-production of witnesses, the learned Counsel afterwards urged still more forcibly: Lady Charlotte Lindsay was produced. Why, if she was produced as the damed'honneur who was in that capacity for so short a time, why was not that

person called, who had also been with her Royal Highness as dame-d'honneur from the period of her English suite's quitting her at Milan up to her arrival in this country? Was it meant to be said that that lady of honour was not to accompany her? Was her Royal Highness to be left without one? She travelled up, then, to St Omers, without one female attendant in the capacity of lady of honour. The Countess Oldi, of all persons, was the one whom their Lordships might have expected to be produced on the other side. Of the Countess Oldi there could be no suspicion. She was of a family against whom there could be no suspicion of her Royal Highness. She was of the family of Bergami, of which there could be no suspicion! She it was who Mr Williams had said should be called to contradict the facts charged to have occurred in the journey from Rome to Senegaglia. But were these all who might have been placed at that bar? Why was not Austin produced? Where was he? He was now nineteen; his name was among those of the witnesses in attendance. He could have contradicted many parts of the testimony on the other side. Where was Hieronymus?--At Brandenburghhouse, but by no means forthcoming. Where was Schiavini ?-He was also in the country. But though he performed many important acts about the tent, he was yet not produced. Where was Ludovico Bergami, who waited at table, his brother being a courier at Genoa? Why was not he produced? Where was Cameron? Where was Lini, the Jew harper? He had now named about eight persons; but there was Carlini too, who was on board the polacre; why was not he produced, and the whole family indeed of the Bergamis-Faustina, the mother; Rappi, Bernardo, Francesco? Not one of these had been

produced, although his learned friends had undertaken to contradict every part of the case for the prosecution. They called, indeed, Lieutenants Flynn and Hownam, and then Vassali; but either they have such weak nerves, or such treacherous memories, that his learned friends thought their other witnesses must not be produced at their lordships' bar, and therefore they had been withheld. In regard to Bergami, it was observed, their lordships had been kept in happy ignorance as to the nature of his services. What was there at Genoa, at Milan, at Naples, to call for all that further favour which was shewn him, to allow of his introducing into her Royal Highness's house and service all his relations-Faustina, who, at Genoa, was not known to be his sister? the Countess Oldi, who, at Genoa, was not known by Dr Holland to be his sister? Why was all this secrecy kept up? Why, then, was Louis Bergami to be admitted into her Royal Highness's service? What! her Majesty, who never before let any servant dine with her, at her Majesty's table, suddenly permitting, not only Bergami, but so many members of his family, to dine there. The learned Counsel concluded: Mr Brougham had argued, that an advocate for an accused was to defend his client at all events; and, separating the duty of an advocate from that of an honest and independent citizen, was to go on, regardless of the dangers he incurred, and reckless of the consequences, even to his country. But what was the duty imposed upon his learned friends? To protect the interests of their client, to guard the innocence of the Queen, and to establish it against the charges by which it was impugned. This they had attempted to do. But had they confined themselves to that duty? No; for the Counsel had been permitted,

for the first time at their lordships'
bar, to launch into invectives against
the constituted authorities of the
realm. Modern precedents were to
be sought for, to justify the course
which they had been allowed to adopt;
and the annals of corrupt Rome were
to be ransacked for examples odious
enough to serve the purposes of their
denunciation. The cruellest of ty-
rants, the most detested of all anti-
quity, was to be brought forward as
a supposed parallel to the King. The
throne itself was not spared; nor was
this all-their lordships were not
spared. No one was to be exempted
from the extraordinary observations
which had fallen from his learned
friends. Their lordships would-
he would not say pardon them; but
perhaps some excuse was to be alle-
ged for them in their trying situation.
If the Queen, however, was innocent,
her innocence was to be established
in some other way. If she was inno-
cent, it was not invective and viru-
lence which would prove her so. In-
nocence stood secure always in its
own strength: it wanted no aid from
vindictive aspersions. Whatever had
been the eloquence of those invec-
tives, during the time that the ques-
tion of that innocence was to be exa-
mined, he could not help thinking
that the path of duty was to be pre-
ferred by his learned friend. But it
seemed, by the conclusion of Mr
Brougham's address to their lord-
ships, that the public had already
passed their verdict upon this case.
The public had passed no verdict.
There was, indeed, a part of the com-
munity who had attempted to do so

who had, by the most base, the most insidious means, endeavoured to deceive the best and most deserving part of the nation-who had endeavoured to wrong and to betray them. These, while they had the cause of the Queen in their mouths,

had another cause in their hearts. He would not say that he believed it, but it must pain every one to believe, that any countenance could be given to such a party by the illustrious person accused. Now, not only had all this been done out of doors, but, their lordships had been told, in magnificent language, and in a manner he had rarely seen surpassed, and which, at the time, had no doubt produced a very considerable effect-that their judgment, if it went to degrade and dethrone the Queen, would be the last and only one they could pass, which would fail in its object, and be productive of endless ill consequences; and their lordships were told, and attempted to be persuaded, that, as the only means of preserving the honour of the crown, and securing the tranquillity of the country, they were called upon, at all hazards, and whatever might be the contrary bias of their own opinions, to pronounce a verdict of acquittal; because, forsooth, such a verdict the state of the whole country demanded, in the opinion of his learned friends. God forbid that such a topic should ever preserve any weight with their lordships; that any consideration should sway them from their duty; that they should desert the persons of high honour and character, who were interested in this case, or the exercise of that discretion which had hitherto commanded the respect and concurrence of the country. "The throne," concluded the learned gentleman, "will be best protected, and the altar best defended, by a judgment passed by your lordships according to evidence, the evidence which has now been offered to you. If that conclusion, my Lords, be what I have endeavoured to show, that the nature and amount of the evidence go to establish, and which, I think, it inevitably will be, a verdict of Guilty, I

am sure your lordships will pronounce it with confidence; that it will be satisfactory to your own consciences, and, sooner or later, that it will be satisfactory to the whole country."

The Solicitor-General wished to confine himself chiefly to those facts which had been established by undoubted witnesses, and concerning which no question had been raised. He dwelt particularly on the elevation of Bergami. Bergami was hired as a courier, as a courier only, on the journey from Rome to Naples. In a few months afterwards their lordships would find him elevated to the rank of chamberlain or equerrymade a Knight of Malta, (a very high and great distinction); a Sicilian baron; a Knight of the Holy Sepulchre ; and in possession of a very considerable estate in the neighbourhood of Milan. These were facts not disputed; it became, then, very material to consider how they had been replied to-how met on the other side. His learned friends bad felt the weight of them, and in the discharge of their duty had endeavoured, of course, to give some explanation of them. Let their lordships now inquire a little into that explanation; let them examine it, and see how completely, how entirely, it had failed. Mr Brougham, in the course of his address to their lordships, had stated that this was all very natural-that Bergami was born a gentleman, but was reduced in his circumstances, merely by the events of the French revolution-that he had sold his estate to pay off his father's debts. What, however, was the evidence which the other side had laid before their lordships with respect to this important fact? They called Colonel Tuille, who gave this account of Bergami :-He said that he was a sergeant, or held a situation equivalent to that of a sergeant, in

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