« PreviousContinue »
House, in considering the real facts of the stage of an opportunity to state his case, question, would dismiss such conduct from and to explain bis conduct. But to this its recollection. Indeed, he had no doubt assertion he, (MIr. P.) co id not subscribe, that such would be the case--for he never and he hoped that he should not je charged witnessed so much candour, moderation, with any disrespect to ihe Court, in deand tenderness, as the House bad through- claring that he was quite unable to comout manifested towards the Noble Lord. pretend the rule which had been pressed That Ilouse would, therefore, he was a ainst Lord Cochrane's motion for a new satisfied, be ready to separate the conduct trial. Indeed, he could not conceive such to which lie had alludcd, from the facts of a rule to have any foundation in law, justhe case. Some one had appeared to hold tice, or reason.
He did not presume to that to impeach the charge was tantamount say that this rule was unjust, but that he to an impeachment of the rectitude of the did not comprehend the grounds upon Judge by whom that charge was made, which it could be justified. For instance, and that, therefore, such impeachment was it meant by this rule, that if a verslict should be decidedly discountenanced; but of guilty should be pronouaced against six he was persuaded that no one could suppose persons, five of whom were really guilty, him inclined to cast an imputation upon while one was really innocent, the innocent any Judge, and sure he was that to ques- should be refused a new trial, although tion the rectitude of a Judge's charge, im- perfectly able to establish bis innoceace, plied no impatation whatever. Indeeil, because the others over whom the innocent no such conception prevailed, for nothing might have no controul or influence should was more common than an application for decline to join in the motion? If so, how a new trial upon the special ground of a conld such a refusal be sustained upon any Judge's misdirection to the Jury, either as principle of equity, or law, or reason? to case or fact. Yet it was never under- What, was an innocent person to suffer stood that any Judge felt himself offeaded through any mistake or deficiency of eviby such a motion, or that it implied any dence, because the guilty, with whom he imputation upon bis general rectitude or might be connected by a prosecution, should character. For himself he could say, that not think proper, or could not be conno one was more likely to feel a higher trouled, to join in an application for a new respect for the judicial, but yet he could trial? 'He declared that to his mind such never feel that respect so far as to believe a rule was totally incomprehensible, and if in the infallibility of a Judge, and there it were to be maintained, what was to fore he could not subscribe to any such become of the highest authority, by whom doctrine as that upon which he had ani- it was said, that it was better 99 unjust madverted. The law itself, indeed, sup- persons should escape, than that one person posed the infallibility of a Judge by pro- should suffer? The Right Hon. Gentleman viding the remedy which he had stated. here took notice of Lord Cochrane's exThe Noble Lord (Cochrane) had stated planation respecting the bank-notes found one fact, which, if true, certainly illus- in the possession of De Berenger, and trated that infallibility. For the Noble traced into his hands, observing, that this Lord had stated, that the Judge before explanation was calculated to make a whom he was tried had, in his charge to material impression in the Noble Lord's the Jury, said, that De Berenger had pre- favour, as it serred to shew that these scated himself to the Noble Lord, “ bla- notes might have found their way into the zoned in the costume of his crimne," although possession of De Berenger, without the not a tittle of evidence was adduced to Noble Lord's privity. This explanation, sustain such an allegation. This he could indeed, appeared to make a great difference not help thinking a very extraordinary in the merits of the Noble Lord's case, allegation, if the statement of the Noble and therefore must, with other circumLord was true and that the Judge did stances, indispose the House to agree to a mis-state a very material point to the Jury, motion of expulsion, at least withört some which was particularly calculated to mis. further enquiry. I'rom such an enquiry, lead their judgment. It was said by a he could not conceive that any danger Learned Gentleman, whom he did not could arise of an improper interference then see in his place (the Attorney-Gene with the due administration of justice.-ral), that although a new trial was refused For it was not proposed to interfere with to the Noble Lord, he had still the advan- | the sentence of the Court-but that House
Because a per
being called upon to superadd to that sen Mr. WHITBREAD expressed himself tence the expulsion of the Noble Lord, it much satisfied with that part of the Hon. became its duty, for the sake of justice and Gentleman's speech wbich preceded the its own character, fully and candidly to conclusion of it, and with no other. Hor. consider the grounds of such an extraordi- ever much that Hon. Member might be nary proceeding. He protested, therefore, accustomed to consult the Journals of the against the idea that such consideration House, yat he thought he could never be would involve any interference with the so entirely blinded by precedents, or buried Jurisdiction of the Court of King's Bench, under the records of Parliament, as because and with a view to that consideration, he in former instances members had been exshould recommend the appointment of a pelled the House who were placed in the select, and perhaps a secret Conmittee, to situation of the Noble Lord, that therefore investigate the allegations of the Noble Parliament were to lay aside their own Lord, and to report the evidence to the discretion, and not to judge of every ca House. That such a Committec was likely which should be brought before them as a to involve in its proceedings any reproach foundation for a parliamentary proceeding upon an interference with the due admi- on its individual merits. nistration of justice he did not at all ap- son was convicted of a criminal charge, prehend, and such an apprehension could were they, the members of that House, to not therefore influence his judgment. As affect so much purity, so much delicacy of to the declaration of the Attorney-General, character, as immediately to proceed to the that the Noble Lord was afforded all the expulsion of that person from the House, advantage of a new trial, although his not stopping to enquire into the justice of motion was refused, he could not admit the the sentence, and even refusing to hear fact-for the Noble Lord was notoriously any proofs which might be brought forwithout the assistance of Counsel; and ward afterwards to establish its injustice. unless it was maintained that a man un- -It had been said, that the expulsion learned in the law was likely to make as which was to follow the record of the much impression as a Learned Counsel, conviction, was no additional punishment: the position of the Learned Gentleman but he would put it to the House, whether was not tenable. On all these grounds the bitterest of all the bitter moments the Right Honourable Gentleman thought which a person in the situation of the the House should agree to the appointment Noble Lord must endure, would not proof a Committee of Inquiry, or at least ad- bably be that in which he learned the senjourn the discussion with a view more tence of expulsion from bis seat in that wolly to consider the merits of the case House. It was a question involving great before it came to any decision. At all difficulty. He thought, that, in a quesevents, he declared that, as the case at tion of privilege, a Committee of the whole present appeared, he could not sleep upon House would be the most eligible mode. his pillow, if he voted for the expulsion of He had always entertained doubts as to Lord Cochrane.-(Hear, hear!) the guilt of the Noble Lord, there were
Mr. BANKES observed, that there was certainly circumstances attending the transDo instance whatever to be found in the action, for which he could by no means Journals of the House, or the practice of satisfactorily account. The speech of the Parliament, in which expulsion had not Noble Lord had strengthened those doubts followed the producing the record of con as to his guilt. If such had been the effect viction, as a matter of course. This con- of that speech on his mind, and on the sequence followed not only in criminal minds of many other gentlemen, what must cases, but in all cases Parliament reserved be the innate value of the facts contained to itself a discretionary power of expulsion. in it, when it was evident that in the He did not mean, however, to say, that course of his speech the Noble Lord had a case could not be made out, in which it gone out of his way to excite the feelings would be improper to expel a Member on of the House against him, and to prejudge account of the verdict of a Jury. And if instead of advocating his own cause?there was any one who, in the present in- Such was the force of those facts, that stance, thought there was a rational doubt even an Honourable Member whó bad of the Noble Lord's guilt, he ought un risen to call the Noble Lord to order, in doubtedly to suppose him innocent, and one part of his defence, bad candidly de! muat necessarily vote against his expulsion.clared, that after hearing the whole state
medt, be could not conscientiously vote for Honourable Gentleman. Not only; inbis expulsion. It appeared that there were deed, had that Right Honourable Gentle several parts of the charge by the Judge man been deficient in candour, but he had which were incorrect in point of fact. grossly mis-stated the facts of the Noble Lord Cochrane had also given an explana- Lord's defence. The Noble Lord had said tion, which he professed himself ready to that the Judge, in his charge to the Jury, confirm by evidence, of some of the most stated circumstances which had not been mysterious circumstances in the transac- given in evidence. Now there were mattion, and which he (Mr. Whitbread), had ters which seemed to prove that the case ofien declared in conversation, he thought was so. Lord Ellenborough bad supplied most required explanation, such as the evidence to the Jury, and had he (Sir F. particular dress of De Berenger, and the Burdett) been upon that Jury, and heard bank potes found in his possession. After from the Judge presiding that Berenger the statement made by the Noble Lord, he bad gone to Lord Cochrane's with the did not firmly believe the possibility of his medallion, stars, &c. he must confess, potinnocence, and if the question were pressed withstanding what might have been his to a division, he should vote against the high opinion of that Noble Lord, he should original motion. If the House were not have concluded that he could not have to exercise their discretion in a case of been of his giard, could not have been this kind, but merely to look at the record without suspicion, and that such in fact of the conviction, it would be better to was conclusive aşainst him: at all events, pronounce the sentence of expulsion at it was a fact which he thought well wortha once, without the mockery of a defence. ascertaming by that House, whether Lord He thought it possible that the Noble Lord Elienborough had so charged the Jury, might have been entrapped into an appa- because upon that charge he believed the rent participation in a crime of which he conviction of Lord Cochrane had mainly was innocent, and circumstances which the depended ; and if what the Noble Lord Noble Lord bad, in an agony of feeling had stated respecting it was true, then he which overpowered him, mentioned with had been unjustly convicted. Another respect to the conduct of a near relation of gross mis-statement of the Right Hon. his who had absconded (Mr. C.Johnstone), Gentleman was with regard to the Rule in secmed to warrant such a supposition. Nir. Court. It had been asked by the Right Whitbread here alluded to itr. Cochrane Hon. Gentleman why Lord Cochrane bad Johnstone's advice to Lord Cochrane not abandoned his legal advisers ? He did to come down to the House with any state- not abandon them, he consulted with them; ment on the subject previous to the trial. but they were of opinion they could not in
Mr. BRAGGE Bithurst contended, terfere with so good a grace as the Noble that if the House went into the enquiry at Lord, who was not bound by the same at all, they must go into the whole evi- technicalities. Another part of the Right dence on the trial. He commented se- Honourable Gentleman's speech related to Ferely on the allusions made by the Noble the conduct of Mr. Cochrane Johnstone, Lord to the conduct and motives of the who, he said, had also protested his innoLearned Judge. Mr. C. Johrstone bad cence in that House, and was therefore made the same protestations of bis inno- entitled to claim the same re-hearing as cence as Lord Cochrane had done to night, the Noble Lord, as he stood on the same nor did be see any difference in the two fonting. But here again the fact was
The Noble' Lord had not, he con- otherwise. Mr. C. Johnstone had not ceived, brought forward any evidence to appeared in that House since his convicnight which it was not in his power, and tion; while, on the other hand, Lord Cochwhich he was not bound to have brought rane bad not filed from the penalties of the forward on his trial. On these grounds law, which indeed he laughed at, anxious be was for the original motion.
only to redeem his character. This conSir F. BURDETT condemned the tone of duct on the part of the Noble Lord had asperity with which the Right Honourable made a powerful impression upon his mind, Gentleman bad expressed himself, and the which it would require a strong concatenaabsence of all that generous feeling in tion of evidence, and a very different Jury, commenting upon the defence of the Noble to remove. He did not mean to impute Lord, which had been observed during the any blame to the Jury, because, under all discussion, till the speech of the Right | the circumstances, and with that charge
which was delivered to them, they acted | No one would say that in reference to the an honourable, impartial, and just part.-- individual who had petitioned the House He should be surprised, however, if that on that day (AI'Rae), and whose petition Jury, now that new things had transpired, seemed to contain matter important to the and new lights were thrown upon the ques- present question, and Lord Cochrane, that tion, did not feel anxious to amend their the punishment of the pillory would be own verdiet and re-consider the case. The equal upon both of them. The pillory was only difficulty he felt in considering the never intended in this country as a punishpresent question was, because Lord Coch- ment for persons in Lord Cochrane's starane appeared to be so slightly connected tion. Yet, in addition to all this, the with tlie transaction. It was not as if Noble Lord opposite (Lord Castlercagb) Lord Cochrane had been found in the com- had told them, that to expel Lord Cochrane pany of notorious sharpers and swindlers. from that House was to be considered as If, indeed, he was at all involved in it, no punishment. It was merely a proceed. he had been so through a near relation, ing of course, following upon the record of upon whose guilt or innocence he did not conviction, no matter what circumstances mean to pronounce, but from whose in- might attach to that conviction. There fluence it certainly appeared Lord Coch- might be corruption in a Judge—there rane had acted. In expressing his re- might be perjury in a Juryman—but still, probation of the conduct of the Judge, he according to the doctrine hield that evening, might, perhaps, incur the same censure as they were to allow an innocent man to his Noble Friend (for so in his conscience perish, provided be had once been conhe held him to be), but he should be the victed, under whatever circumstances. It basest, the meanest, the vilest of beings, it was thus an Honourable Member on the he remained silent upon a sentence, from floor (Mr. Bankes) had argued; but then which the gallant and eminent services of he soon forgot himself, and admitted that it that Noble Lord ought to have protected might be proper to go into inquiry, when 2 him, even if he had been guilty. (Hear, proper case could be made out. Now, if hear, hear!) And the House would de-Jever there was a case which called upon ceive themselves, if they thought that no the feelings, the character, and the justice feeling of disgust was excited in the public of that House, the present surely was one mind by that sentence. There was not a of them. A
great deal had been very elosingle person with whom he had conversed quently said by Mr. A'torney General, in (except the Noble Lord himself) who did behalf of Special Juries. 'He (Sir F. not consider it as cruel and unjust, beyond Burdett) happened to know something of all former precedent. Lord Cochrane was the mode in which those Juries were got the only one indifferent to it as a punislı- together. He had been present at what ment. In a conversation which he had was called the striking of a Special Jury, held with him in the King's Bench, he when I happened, said the Hon. Baronet, (Lord C.) said he did not complain of the to be engassed in a great law question with scutence; if he were guilty, he deserved it you, Sir. ( A Larg).) The Hon. Baronet all and more ; but what he most felt was then went into an examination of some the stain upon his character, and he had parts of the evidence, and contended, that almost lost his power of existing under such it was preposterous to oppose to the dea dreadfal load. Such were the feelings of claration of Lord Cochrane the evidence the Noble Lord upon the occasion. It of such men as Crane, the hackney coachwas the first time, indeed, that the offence man, and the postillion, with regard to the had been considered as a crime. In the colour of the coat worn by De Berenger, eye of the law it was considered as a mis- I and concluded by observing upon the
prodemeanor only; and in former and better i bability of a man like Lord Cochrane, times six months' imprisonment were con- whose whole life had been devoted to the sidered as a very heavy punishment for a pursuit of glory, and whose conduct had misdemeanor. But here we had a large been hitherto free from reproach or stain, fine, a long imprisonment, and a punish- becoming all at once a swindler and a ment which, he contended, was unfit to be cheat. He therefore hoped the House applied to a Naval Officer of eminent ser- would at least consent to pause before it vices, holding that high rank in the country decided, though for his part he sat no which Lord Cochrane did. There was no reason for refusing to appoint a Select equality of punishment in such a sentence. I Committee.
Printed and Published by J. MORTON, No. 94, Strand.
Vol. XXVI. No. 4.] LONDON, SATURDAY, JULY 23, 1814. [Price ls.
[98 SUMMARY OF POLITICS. complish this, it was not possible for
any man to contend successfully.- But The EMPEROR NAPOLEON. what has been the result of Napoleon's overAlthough the course of events has, for throw? for if there has been no change in yone time, belied the assertions made re- our situation for the better ; if the peopk, specting Napoleon by his enemies, at and who were the most active in hostility previous to his abdication, these vile ca- against him, have gained nothing by his lumniators have not been induced, by his fall, and all the advantages that followed it overthrow, to relax in their vindictiveness. are enjoyed by France alone, it was surely Formerly they told us that he was the worse than madness in us to make so many cause, the sole cause, of all the misfortunes sacrifices to bring about an event, which, it, which afflicted Europe; but more particu- so far as regards ourselves, has been atlarly, that to him, and to him only, was to tended with no beneficial results. Now, be attributed the existence, and the con- without going at all into the question about stant accumulation, of those enormous the continuance of our war taxes, of our taxes and that immense load of debt with war, naval and military, establishments, and which the supporters of corruption have of the loan system ; without adverting to loaded the country. To Napoleon, it was the obstacles which exist, and, I am afraid, said, we owed the stagnation of commerce, will always exist, to a restoration of our the ruin of our manufactories, the high commerce, to the encouragement which our price of provisions, the interraption of our manufactures were in use to receive, and national improvenients, and the consequent to the revival of national improvements; and rapid increase of pauperism, which, each of which afford a melancholy and like I mighty torrent, threatens to over-striking proof, that the fall of Napoleon whelm the land. All this, and much more, has not brought with it any of those blessWe were seriously and unceasingly told, ings which the nation were promised, originated in the inordinate ambition, and Without, I say, referring at present to any unrestrained power, of this " sanguinary of these topics, it appears very clear to me oppressor;" and as long as he was per- from the manner in which the supporters mitted to wield the sceptre of France, so of corruption still speak of Napoleon, lopg, we were confidently assured, would that even they themselves are convinced he continue to torment and afflict suffering they were formerly deceiving the public: humanity. It was by such representations that they were using the name of Bonaparte 28 these ; it was by a constant recurrence as a stalking-horse, to support the corrupt to them; it was by the sacrifice of truth, system by which they profit; and that they and the universal prostitution of the news well knew, whoeller governed France, that paper press, that nearly a general abhor. that nation would be great and powerful, rence was created of the character of Na- and able to maintain a preponderance on the poleon. Even a great proportion of his ad. Continent, which would always serve as a Airers, deceived by these imposing means, check to any meditated designs of aggrapwere gradually entangled in the vortex, and dizement there, on the part of this country. joined in the cry against him with as much I They also knew, that France, by herexçlagood will as his most inveterate foes. Thus sion from the rest of Europe for twenty it was that corruption was able to strengthen years, must have rendered herself indepenitself, and that the means were abtained dent, by her internal means, of those which effected the destruction of this sup- articles which formerly constituted the posed enemy to the human race. It was sources of our commercial wealth, and natural for those who viewed Napoleon in national greatness. Whether, therefore, that light, to contribute to his downfall
, it was a Bonaparte or a Bourbon who and against so formidable an accumulation reigned in Fravce, those men, who com of instruments as those employed to ac- stantly and audaciously decried the for