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the circumstances, he did not think itneces- case without being influenced by the de. sary to trouble the House further, under clarations of Lord Cochrane, it would be the full persuasion that in deciding, it quite necessary that they should have all would be guided by a due regard to justice the facts before them. It was admitted to the parties, and to its own character. on a former occasion, that when there was He moved therefore a declaratory Resolu- any proceeding instituted in that House to tion founded upon the record of conviction, affect the decision of a Court below, that it stating merely, that Lord Cochrane had was necessary for the House to enter into been found guilty of a Conspiracy to defraud a discussion of the evidence. Such an adthe public.
mission was, however, not necessary, as The question having been put,
such discussion was inseparable from the Mr. A. Browy said hic rose under con- exercise of their judicial functions.siderable embarrassment to propose an Nothing had been said to shake this deteramendment. The House had heard the mination, and if there was any man in the grounds on which the Noble Lord, who House who had a doubt on the evidence had lef¢ the House had defended himself on which the conviction was founded, it from the imputation which had been cast would be his duty to examine most fully op him, and the grounds on which the Hon. into all its circumstances. (Hear, hear') Díember proposed the vote of expulsion, To strengthen the idea of the propriety of and the question before them was, whether investigation, there was something in what the record of conviction already on the the Noblc Lord had said himself, with table did in itself compel the House to whom it inight be proper to state, he (Mr. come to the votc of expulsión? or, whether Prown) had had no communication. The they thought it expedient to revise the Noble Lord, in the face of God, and of the evidence which led to that conviction, to House, declared his own entire innocence. satisfy their own understandings that the Although it was well known that few pervote proposed was one which they in jus- sons were complaisant enough to acknowtice thought advisable? In the discussion ledge their guilt when convicted by a Court which had lately taken place, besides the of Law, though ignorant of the power of circumstances of conviction, it was stated the human mind; he did not think that a as a notorious fact, that the Noble Lord man of Lord Cochrane's education, habits, had been prevented, by a rule of court, and character-depressed by a verdict of from bringing his case before a second a Jury, and by an ignominious sentence, Jury, and was refused that, which in an could stand in the face of the House withordinary case, would have been granted. out a full sense of his innocence. (Herr!) Although it would be most improper for the The Noble Lord bad also entered into a House to come to any vote respecting the distinct analysis of the evidence on which decision of the Court below, yet it would alone the idea of his guilt has been founded. concern them to do justice in a' case which could the House say, after that long state, materially affected their own body.— ment, that they could bear in mind all the (Hear!)—The course taken on the pre- facts so as to say that they could be ex; sent night would satisfy the House that plained, so as to satisfy their minds to that, they should have all the circumstances of degree that they could have no doubt on the trial before them. The Honourable the subject ? (Hear, hear, hear!) If Gentleman (Mr. Broadhead) who had pro- any man could say aye,
:," yet would it posed the motion, ia a speech which had be just for him, in behalf of the rest of the done credit to his mind and feelings, had House, to consent to a postponement of the abstained from all observations respecting discussion. Another part of the defence the guilt or innocence of Lord Cochrane, of Lord Cochrane, to which he should al. but had rested his case on the fact of the lude with delicacy, was the charge of the conviction in the Court below, while the Chief Justice. In derogation of the chaNoble Lord himself, in defence of his in- racter of that Judge, whose abilities and nocence, had travelled into all the circum- integrity had been long known to the stances of the case, and the evidence on House, (Hear, hear!) and for whom he which the conviction was founded. Now (Mr. B.) entertained the highest respect, it was not possible, without examination yet, the imputation that the Judge was into the evidence, to know what weight partial, and that the verdict was brought was due to this defence of the Noble Lord: about by improper means, was enough to And if the House wished to decide on the make the House hesitate before they de
cided on the motion before them. When | trial, was delivered with an exactness asthe conviction was impugned in so material tonishing to all those who had been pre4 part of the proceedings as the charge of sent, to those Judges who had to form the the Judge, it would be a perversion of judgment. As to the character and conreason that they should say that this accu duct of the Noble Lord who presided in sation was an aggravation of guilt, and the Court of King's Bench, it would be inturn back the evil on the Noble Lord.- decorous for bim to offer any defence, alThe House should rather suspend their though he felt himself quite independent of judgment, and either refer to a Select influence from that Noble Lord in the Committee, which would be the proper Court, in which he practised. There was mode of proceeding, the statement of the one remark from which he could free that Noble Lord and his affidavits; or if they Noble Lord (Lord Ellenborough). He would not go that length, by postponing could positively affirm that that Noble the discussion until they had time to con- Lord had never revised the pleadings fot sỉder the proposition which had been made. the prosecution, nor çver seen them until If, after a full investigation of the circum- they had been banded to him in the Court. stances, the guilt of Lord Cochrane was This assertion he (Mr. Garrow) did not made evident, the sentence of expulsion make from any knowledge of what bad would follow with additional weight, not been done in this particular case, but from only on the individual, but on the minds of the conviction he entertained that no man the country. The Honourable Member at the bar would have dared to apply ta concluded by moving, as an amendment, the Noble Lord on such a subject, or to that the statement made by Lord Cochrane hint in the most distant manver of any subto the House, and the papers relating ject on which they had to give judgment. thereto, be referred to a Committee, with He did not intend to be drawn into any power to examine witnesses, and to report observations on the guilt of the person who thereon to the House.
had just retired (Lord Cochrane), but he The question having been put that the could not remain silent after such imputawords of the amendment stand as the ori- tions on the trial, for which, if applicable, ginal question,
this institution, which was the blessing of The ATTORNEY-GENERAL said, that the Englishmen, wouldl-be their curse. It had question before the House, had, in point been stated as distinctly as falscły, tbat the of fact, been already decided on a former Judge was partial, political, and wicked, occasion, when it had been proposed to and that the verdict could not have been send for the docaments from the Court returned as it had been returned, but for a below, in order that the House might form jury packed and picked for political puron them their own judgment. The ground poses, by an oflicer under political inof the motion in the present instance was, fluence, and removeable by the Chief Justhat the Noble Lord was excluded by a tice. Now it was not possible that any rule, which that nìght had been said to such thing could have taken place. The have been unjust, from a new trial. As Master of the Crown Office was a Barristo this rule it was only necessary to say, ter of Law, generally chosen from those that it was usual in the Court in question, who were eminent in their profession ; over which had always presided men, to this office had always been filled by pers wbom even their enemies did not deny the sons of the highest respectability. Sir W', praise of eminent knowledge and strict in- Burrows had held the office during the life tegrity. That rule also did not stand in of Lord Mansfield, and afterwards by Mr. the way of any thing which the Noble Templar, a gentleman of the utmost respecLord thonght fit to plead to the Court, as tability, though not of the same eminent a ground for them to consider the verdict, talents, who was succeeded by the hoand to grant a new Jury; and after all the nourable gentleman who held it at present, evidence of the Noble Lord had been heard, and who bad formerly held an office, next the Court had unanimously been of opinion to the jadicial station in one of the colothat there was no ground for a new trial. nies. So far from being removeable hy Before judgment was given in any case, the Chief Justice, the Master of the tried before the Chief Justice, before whom Crown Office held his cffice by the the trial at Guildhall had taken place, same tenure as the Chief Justice hela every word (to speak without any exag- his own-during good behaviour. The geration) that passed on each sidé at the manner in which the Special Juries
were chosen by him, were the same doubts as to the privity of Lord Cochrane in which Grand Jaries were chosen, to the conspiracy of which he had been conam Grand Jaries might just as truly victed (hear!) The Noble Lord had stated, be said to be packed. The Sheriff
' waited that he should be able to prove the means on the Master with the freeholder's book, by which the bank notes passed through his and in presence of the plaintiff's and de- wine-merchant to De Berenger, and that fendant's attornies, the Master chose 48 five persons would prove that De Berenger fames, of wbich each agent strikes off 12 ; had appeared at Lord Cochrane's house in in the same manner as the list was reduced the dress which the Noble Lord bad. deby the Clerk of the House on the ballot for scribed in his aflidarit. The House, he: an Election Committee. Of the remaining trusted, would not think it advisable in twentv-four, the first in order who happen- these circumstances, to conie to a hasty ed to be present formed the Jury. The ac- decision in the case. The coantry had cusation of packing Special Jurirs, had been carried away by a variety of publica. often been brought and as often refuted—tions on the subject, and by that self-constiwitn'ss the time of Walkes. It has been tuted Committee of the Stock Exchange said that special jurors make a pretty (hear, hear, hear!); and on the other travle of juries. It must have been a very hand the Noble Lord had been inattentive extensive couspiracy under which any cor- to a culpable degree, while his prosecutors rupt practice could exist, for when could a had been so active-indecently active Sherill be found so devoted as to make out (hear, hear') in infuencing the country, such a list as would afford the master an He hoped, therefore, that the Committee opportunity of packing? And, how was would be appointed, and lie thought a Comthe watchfulness of the attornies of the mittee of the whole House would be the parties to be got rid of? In the case most proper for the examination. before the Ilouse, the agents respectable as [The great length of the Debate renders it they were, had not been charged with the necessary to continue it in next Number. business, for the Honourable Member who Meanwhile, I have given below, the division had not been present that evening (Nr. C. which took place on the different questions, Johnstone), had attended himself to reduce submitted to the consideration of the House; thie list. It had been said that if a special the expulsion of Lord Cischrase, taken from
and a List of the Minorily, who voted against juror resisted the direction of the judge, lie the Morning Chronicle of Wednesday last.] would not be suffered to attend again. Mr. Brown withdrew his motion for a Coins Now, if it was possihle for the judge to inilice, and on the question of adjournient know who had resisted his charge, he could the numbers were-For the Adjourument 14 not by any possibility prevent them from Against it, 142–Vajority, 68. attending in every cause. As to the
The first or declaratory Resolution was
agreed to without a division. twcive persons who tried the case in
The House again divided on the Resolution question, there was only l among them who for expelling Lord Chehrano-For the Exhad ever served before, because perhaps it pulsioli, 140— Against i', 44-Majority. 96. Had heen thought proper to choose persons LIST OF THE MINORITY totally uninfluenced (hear.!) He had made Atherley, A.
Moore, P. these observations lest it should be supposed Alan, G.
Brand, Hon. T. Nigeni, L. that the great foundation of our liberty Bennet, Hen. il. Newman, Ri. and property was shaken. If it happened Brydres, Sir E. (soulston, Ld.
Power, R. that the same persons served often on
Burilett, Sir F.
Ponsonby, Rt. Ton. G. special juries, it was because the agents, Burrel, 'Hon. P. Russell; Lord Wm. convinced of the general integrity of these Rucserworth, Jos. Richards, Rt.
Rancliff, Lord persons, took the lists which happened to
Ebrington, Visc.. Rishleigh, Won. have been reduced by the agents for other Flood, Sir F. Ridley, Sir M.
The general imputations on Grant, Ch. sen. Smith, Wm. special jories, was unfounded; and there Gaskell, B.
Tavistock, Marq. of was no place where the juries were more lughes, w.
Lambton, J. honest and able than in the city of London;
Williams, Sir R.
Western, c. or where they less called for the severe Montgomery, Sir H. Woriley, S. and unfounded remarks which had been Mills, Rt.
Lord A. Hamilton made on them.
A. Brown. Mr. Brand observed that he always had' Millinay, Sir H.
Printed and Published by J. MORTON, No. 94, Strand.
Vol. XXVI. No. 3.] LONDON, SATURDAY, JULY 16, 1814. [Price ls.
[66. LORD COCHRANE. your hands that which will not only be a
consolation to him, but an honour to yourTO THE INDEPENDENT ELECTORS OF
selves, and to the minds as well as the WESTMINSTER.
hearts of the people of England, that I trust GENTLEMEN. Often as the eyes of you will excuse the few observations, which, the nation have been fixed upon your upon this monientous occasion, I feel myself actions, they are now fixed upon you with impelled to address to you.— The House of more anxiety than ever at any former pe- Commons have turned out the Member, or, riod. The case of my Lord Cochrane has rather, one of the Members, whom you excited a degree of attention and of feeling, chose to represent you. It rests with you, which nothing, of late days, ever equalled; now, to determine, whether he shall still be and every honest man in the country now one of your Members. There are two dislooks to your decision with hopes as anxious tinct grounds, on which all those who as those of a mother, who sees life, still believe him to be innocent of the crime, lingering upon the lips of a despaired-of laid to his charge, onght to be zealous for child. The country having scen, during his re-election. The first is, his fitness, inthe last ten years, so many instances of dependent of any thing that has now taken your wisdom, your discrimination, and your place, to be a representative of the people. justice; having seen you, on the one hand, And, though I am willing to confess, that the bold and persevering assertors of your if my Lord Cochrane were likely to be emrights ; having seen you take the lead in ployed in the sea-service, and to be absent opposition to every thing having a tendency from the country, for any considerable to injure and enslave your country; and, length of time, he would not be a fit
person on the other hand, having never seen you to represent you, whose powerful voice fall into the clamours of popular prejudice ought never for a moment to be stifled; and ignorance, though strongly tempted yet, if I look back, through the bistory of thereto by too large a portion of the nation; his conduct in Parliament, where, except such having been, for so many years, the in the conduct of your other Member, shall conduct which has distinguished you from I find a man, who has done so much good alınost all other bodies of Electors, and that in the House of Commons ? My Lord bas given you the just pre-eminence amongst Cochrane is not gifted as a maker of even the most patriotic of Englishmen, I speeches, but you are not at this day to be am aware that it may be justly thought told, that that talent alone is not for one great presumption in me to offer any thing moment to be put i n co petition with that to you upon the present occasion, the object integrity, that political courage, which, setof which is to have an influence on your de- ting inferior motives at defiance, brings forth cision.-But, so great is the respect which and causes to be promulgated to the world I feel for my Lord Cochrane; so great is those truths, the knowledge of which my anxiety that he should now receive at amongst the people is the greatest check
to further invasions upon their rights, and that my Lord Cochrane's motions, relative to which knowledge can now be communi-, Pensions, Prize-Courts, and the situation cated in no other way than through the lips of the Navy, have, in my opinion, produced of a Member of Parliament. In this more real good to the country than all the most effectual mode of serving ihe country motions and speeches ever made even by I know of no man who has done so much Mr. Whitbread. -There are times when as my Lord Cochrane, Sir Francis Bur- the powers of rhetoric ought to be held in dett only excepted. We have seen many high estimation, when employed in the serbetter speech-makers, now and then pro- vice of the Public. Those powers, when ducing salutary effects by their speeches joined with an inflexible hostility to corrupand their motions ; now and then giving tion and oppression in all their various corruption a blow; but, in the greater part, forms, are still of use ; but in the times in if not in the whole, of these gentlemen, which we live the whole mass of those "We discover more or less of party spirit ; powers are not, for a single moment, to be more or less of reserve in their attacks, put in competition with the uttering, and more or less of desire not totally to destroy the consequent promulgation of one good, radically the evil of which they appear to home, useful truth.-My Lord Cochrane wish to snap off the branches; more or less has, indeed, never carried any motion that of anxiety to conciliate, at the same time he has made. But has Sir Francis Burthat they assail, that system which you dett ever carried any motion ? No ; but have so long deprecated. In my Lord he has carried into the houses, the cottages, Cochrane we have never seen, in any in the hovels, of the people of England, and stance, the smallest inclination to tempo- has implanted in their memories and their rise. He has been at open and honest war hearts, principles which it is impossible *ith every species of corruption. We that they should ever unlearn. And the have never found him back upon his imbibing of which principles, while it tends haunches, when he ought to have continued to keep evil in check at the present time, at full speed. His manner of doing what are the sure and certain seed of complete he has done has not been that of a man reformation, and of the triumph of freedom, drilled to the use of words, and the mar- at some period more or less distant. This shalling of thoughts ; but that of a man is the only way in which even Sir Francis having the love of his country at heart, and Burdett can serve his country, though supfearlessly making use of truth, told without ported by a princely estate, and by all the varnish in the pursuit of his object.--characteristics of an ancient descent, and em by no means disposed to under-rate the of an English Gentleman; this is the only value of the exertions of Mr. Whitbread, way in which even he can serve his country; for instance; who to very great talents and in this way my Lord Cochrane bas joins, I hope, as great political integrity.--done more than any other man, except his But though I acknowledge that the country calleague.-But, the other motive for his is much indebted to Mr. Witbread, not re-election, if you deem him innocent of the withstanding the deductions to be made on crime laid to his charge, and for the al. account of his blandishments, with all that ledged commission of which crime, though is hateful; yet, I scruple not, with all my most of us did not before know that it was respect for that gentig left and any sincere a crime in the eye of the law, he has been gratitude towards
lour public con- sentenced to the most infamous of all puduct of many occasic
leto say, 'nishments; a sentence allotted, according