every one of whom, with reference to the facts to which they deposed, remains uncontradicted; and there is no impeachment of their general character, or their particular conduct, unless you act upon bare suspicion,uggested in argument and observation. There appears, however, in point of evidence, no ground upon which you can safely act in saying, that they are not to be believed. Why, then these witnesses speak to acts of familiarity, which un on the other. She was therefore perfectly secure from danger; and I will therefore ask, what possible occasion could there be for Bergami being taken into the inner teat? Without him she was sufficiently protected, for here there was no tossing of the seano heaving of the ship, to make his services necessary. Then, my lords, as to the character, the merits, and the qualifications of the person raised to such pre-eminence and consideration, how are we to account for such an ex-doubtedly in many instances may exist, traordinary promotion? There is a without any act of adultery having been great difference between the case of a committed; but which when coupled person promoted after a life spent in with the opportunities afforded for the labour, in fidelity, and in the merito- commission of the act, from the conrious discharge of important services, tiguity of bed-rooms and other circumand the case under consideration. It stances, are such as must lead the mind is one of the great blessings of the con- of every man of plain sense and comstitution under which we live, that the mon understanding to the irresistible highest situations in the country are conclusion, that a criminal intercourse accessible to th se whose merits, and had taken place. This inference must whose talents, render them worthy of always be drawn under such circum. pre-eminence. But that view of the stances as have been proved in evisubject is wholly inapplicable to the dence. But, my lords, I wish to know case of the individual alluded to-who why is not Bergami himself produced? has not only himself been raised to this It is said, be cannot be produced. That high distinction, but every member of I deny. I say he might be produced; whose family, with one exception only, and in the case that has been alluded has shared in the prosperity which has to in the course of this inquiry, Major attended him. Look, my lords, to the Hooke was produced. My lords, you evidence of Mr. Craven, and Sir Wm. have had cases at your lordships' bar Gell, and Sicard. Sicard, who gave his where the adulterers themselves have testimony, in a manner, which I think been called to prove the adultery. Then, did him great c. edit, states to your I ask you, what are you not to infer, lordships the manner in which this not only from the absence of every man entered her majesty's service, and member of this family, and of all other the nature of the advantages he was witnesses, to prove innocence, but taught to expect. He told your lord- from the absence of a man who, if he ships that Bergami was engaged as a were innocent, has imposed upon him courier, to go merely to Naples, with an obligation to which no individual a promise of recommendation, if his was ever before subjected-au obligaconduct was approved, but nothing tion imposed upon him by all the more. Mr. Craven's evidence upou this mighty favours he had received, by all point was, that Bergami was told he the circumstances of benefit he has might hope to be promoted, and Sir enjoyed-au obligation, of a nature the W. Gell's that he might hope to be con- most trauscendant, to come before your siderably advanced. But, my lords, was lordships as a witness on behalf of his this all that happened to this man-illustrious mistress? If, then, he might did he remain in that state of humble come-and if he has this powerful ebexpectation? I ask your lordships whe-ligation pressing upon him to come-l ther in the world there was ever such ask, why he did not come? There are an instance of promotion as this case many circumstances in the case to presents-where the whole family of which I have not alluded, and to which this man, with one exception, aud that I do not mean to allude. But, referhis wife, is raised to distinction and ring to the leading features of the case affluence? The conclusion to be drawn-referring to what occurred at Senifrom such a state of things, I leave gaglia, at the Villa d'Este, at Trieste, your lordships to judge. You find from at Carlsrhue, and in Catania, and atthe proceedings in support of the bill tending to the evidence of all the witthat there are eight or nine witnesses, nesses who have been examined in sup opinion was erroneously grounded; but from subsequent research, he had found that his impression that impeachment would lie, was correct. They could have proceeded by impeachment, and the motive which induced his ma port of these leading features-attending to the acts of familiarity proved, and not attempted to be denied-attending to the extraordinary promotion of this man, and every member of his family, with one exception-and, lastly, attending to the evidence of what oc-jesty's ministers to prefer a bill of curred on board the polacca, I cannot Pains and Penalties, was too palpable withdraw myself from what appears to to be misconceived; they knew, in that ue to be my imperative duty, namely, case, that the proceeding must have to express my firm belief that an adul- originated in the House of Commons. terous intercourse has taken place. I That house had had the papers laid express this opinion, because the con- before it; aud he and their lordships clusion is perfectly consistent with the were aware, that they would not adcase stated and the facts proved, taking vance a step further, and that those of for my guide that principle of law laid his majesty's ministers who had seats down, that the circumstances must be there were parties to a resolution, desuch as that a reasonable and plain man, claring that the proposed investigation addressing himself dispassionately to the would be "derogatory to the dignity consideration of the case, cannot doubt of the crown, and injurious to the best of the guilt imputed. One word more, interests of the empire." And this reand with that I shall close what I have to solution was urged on grounds, that address to your lordships. As to what contamination of public morals would has passed within these door, upon this ensue, that the people were surroundense, I am disposed to say nothing; ing the house, complaining of the in neither will I take any notice of what jurious tendency of the proposed meahas passed out of doors, because I am sure (and they were still complaining,) not supposed here to know it—but I will and the consideration of its universal say this, that whatever has happened, or unpopularity. The resolution passed, whatever may happen, I will do my duty and was conveyed, by deputation to here according to iny sense of duty. I the queen, and her majesty refused to was sorry that your lordships should accept the address of that house on have heard at your bar, from the mouth grounds which could not be questioned. of a learned advocate, something like a She had stated in her reply, that “an threat as to the consequences which entire reconcilement of those, differmight follow the decision of this case in ences, effected by the authority of favor of the bill (hear, hear). Such a parliament, on principles consistent threat I am persuaded will have no efwith the honor and dignity of all the fect upon your lordships in the faithful parties, is still the dearest to my discharge of your duty; and that what-heart;" and further" as an accused ever may be your decision, you will to the last feel it imperative on you "to be just, and fear not." (Ilear, hear). After a short pause, lord ERSKINE rose, in answer to the noble and learned loru. He said, that the exhortation of the noble lord to keep the balance even, in trying this as a question of justice, was completely at variance with the early parts of this proceeding, when her majesty's name was excluded from the prayers of the country, an act which was diametrically opposite to the spirit of justice. The noble earl opposite had strenuously contended that the imputed crime could not be brought under the charge of treason; because it was alleged to have been committed with a foreigner abroad. He confessed that the noble earl had so ably argued in support of that point, that he began to doubt that his own and injured queen, I owe it to the king, their bill of Pains and Penalties, because the other house had shewn their hostility to any investigation; it was now to be read a second and a third time, and of course to be sent down to the commous; but could their lordsbips reasonably expect that the lower house would entertain it, after having been told in the first place, that they should not proceed by impeachment, and had almost unanimously declared, that they would not proceed to the inquiry? a Here the noble lord exhibited symptoms of strong indisposition, and pause of a minute or two took place. His lordship then attempted to resume, but, after a few words, sunk down and fainted away. He was caught in his fall by some of the peers near him; the windows were opened, and a glass of water brought, but his lordship continued so ill, that he was obliged to be borne out by Mr. baron Garrow and earl Grey. Lord LAUDERDALE suggested that the house should adjourn for a quarter of an hour. determined to do his duty conscientiously, as if he had never acted as a party-man through the whole course of his life (hear). The principle by which he felt bound to look at the case, was that laid down in the case quoted at the bar, Loveden against Loveden. He did not ask for a direct evidence of the perpetration of the act of adultery? all he asked, was such evidence as would satisfy any man of plain com mon sense. Was there, then, such evidence? He was as decidedly, as honestly convinced there was. He had never known in any case a combination of circumstances so strongly leading to the conclusion of guilt. In proceeding to comment on the evidence, he would lay entirely out of his consideration the whole mass of evidence for the prosecution, and confine himself to what was established by the evidence for the defence; for even by that evidence he conceived the fact of adultery to be demonstrated beyond the pos sibility of a doubt-at least in the minds of those who chose to look at the case fairly and dispassionately. In The house adjourned accordingly.-doing this, he would be able to get at On the house resuming, the whole history of the hero of the The lord CHANCELLOR said, that tale, Mr. Bergami. The noble lord he could not allow the debate to go here proceeded to recite and comment farther without saying a word in exon the circumstances of Bergami's planation. His noble and learned elevation, as proved by the evidence friend (lord Erskine), whose absence, for the defence. His lordship laid parand the cause of it, no man more sin- ticular weight on the caution which cerely lamented, had argued as if he | Mr. Keppel Craven had presumed to (the Lord Chancellor) had stated that give to her majesty, as to being seen the case on board the polacca formed walking with Bergami, when he was in the whole case for the prosecution. He the situation of a courier. He had had said no such thing. All he had often heard women reproved for walk meant to say was, that that case alone ing abroad without a servant, but this had sufficed to determine his individual was the first time he had ever heard of judgment. a lady being cautioned against being seen walking with one. Could their lordships doubt what the peculiar reason was which operated with Mr Craven? Could they doubt that it was because of a suspicion on his mind of that adulterous intercourse which the Lord LAUDERDALE now proceeded to address their lordships. He felt almost completely overawed by the weight of the subject; and the only consideration which sustained him was, that by the constitution of the house, every man was supposed to be quali-bill imputed to her majesty? fied to judge of a plain question of evidence. He would not follow the example of his noble and learned friend (lord Erskine), in making the whole proceeding a means of attack on his majesty's ministers. lle was as ready as any of his friends to take any party advan age of ministers; but in a question of this sort he discarded every thing like party feeling (bear). He had come to the question as perfectly If he had not had such an impression—if there bad not been some such reason, he would have deserved dismissal for daring to offer counsel so unbecoming in a chamberlain to a lady of her majesty's rank and character. The noble lord next directed the attention of their lordships to the introduction of so many persons of Bergami's family into the service of her majesty. The appointment of the countess Oldi to the situa |