the noble lord, together with the affidavits accompanying that statement, be referred to a select committe, with power to examine witnesses, and send for papers, and that they do make a report there upon to the House."

The Attorney General said that this motion rested on the supposition that the learned lord at the head of the Court had exceeded the forms of justice by referring to a rule which rendered a new trial in this case irregular. But in fact, whatever the noble lord had thought necessary to state to the Court had been heard to the fullest extent, and it was the unanimous opinions of the Judges that there was no occasion for farther proceedings. He entered into a detail of the manner in which special juries (so much decried by the Noble Lord) were selected, and contended that there could be nothing like packing them for a political purpose. In the present case, Mr. Cochrane Johnstone himself had struck off 24 names from the 48, and those who had tried the defendants were nearly all new men, whose dispositions it was impossible that the Judge should know.

Mr. Brand said he had always entertained doubts of the privity of Lord Cochrane to the conspiracy of which he was convicted, and he trusted the House would not think it adviseable to come to a hasty decision at a time when an offer was made by him to explain all that was mysterious in the affair.

M. Barham spoke in favour of a further investigation.

Mr. Ponsonby began by observing, that if the bitterest enemy of the Noble Lord had been employed to injure his cause he could not

have done it more effectually than the Noble Lord had endeavoured to do it that night; but he trusted the House, in considering the real merits of the case, would dismiss such conduct from its recollection. Some had appeared to hold that to impeach a Judge's charge was to call in question his integrity; but nothing was more common than application for a new trial on account of a judge's misdirection to a jury, either as to case or fact; which was only supposing him not infallible. As an instance of fallibility Mr. P. alluded to what the noble lord had asserted in his speech, that the judge in his charge had said that De Berenger. had presented himself to him "blazoned in the costume of his crime," though there was not a tittle of evidence adduced to support such an allegation. The hou. member then made various remarks on the rule of court which had been opposed to Lord C.'s motion for a new trial, and contended that it was a novelty without any principle of equity to support it. these and other grounds he thought the House should agree to a committee of inquiry; and said, as the case at present appeared, he could not sleep on his pillow if he were to vote for the expulsion.

On

Lord Castlereagh was anxious to enter his protest against any departure from the fundamental principle of parliamentary practice by any assumption of, or interference with the judicial functions. The motion before the House, he said, did not involve the expulsion of the noble lord, but the main question for consideration was, whether the verdict of a jury should be deemed a sufficient ground on which to

rest a motion for expulsion. If it were not, great injustice had been done to individuals on former occasions. Expulsion could not be correctly regarded as an additional punishment upon any member, since the general principle upon which the house had always proceeded was, that the member expelled had not delivered himself from the charge legally made against him, and therefore was not a fit person to remain in that house. The House must be sensible of its incompetency to a trial of this case, from its inability to examine evidence upon oath; and he could not but wonder to hear the proposition of submitting to a secret committee above stairs an inquiry into the conduct of the established tribunals of the country.

Mr. Stuart Wortley acknowledged that he had from the first entertained some doubts as to the guilt of Lord Cochrane, which were much increased from his statement that night, and he had no hesitation in saying that the house ought to take time coolly to consider the case before a final decision. If the jury's verdict were to deter mine the judgment of the house, why call upon the noble lord to make his defence?

After several other members had spoken on each side, chiefly in a repetition of the arguments before employed, Mr. Wrottesley said that one or two particulars stated by the noble lord had made an impression on his mind, yet he was aware that the appointment of a committee would be an inconvenient mode of proceeding. But as he understood the whole trial was to be published by authority, he thought the decision ought to

be postponed, in order to ascertain whether the learned judge, in summing up the evidence to the jury, might not have omitted some material circumstance. He would therefore move, as an amendment, that the debate be adjourned until that day se'nnight.

Lord Castlereagh pressed the immediate decision; and Mr. Browne having withdrawn his motion for a committee, the House divided on the motion for adjournment, Yeas 74, Noes 142. The Declaratory resolution being then agreed to without a division, the House divided on the expulsion of Lord Cochrane; For it 140, Against it 44.

The expulsion of Mr. Cochrane Johnstone was agreed to nem, con.

The sentence pronounced upon the conspirators, which, besides fine and imprisonment, comprised the most infamous punishment inflicted by the law of England, public exposure on the pillory, was considered by the public in general as extremely severe; and when applied to Lord Cochrane, a man who, besides hereditary rank, had acquired honour and distinction by his naval services, it seemed to shock the feelings even of those who were most convinced of his participation in the crime. An hon. member of the House of Commons, Lord Ebrington, therefore rose on July 11, and observing that a day was said in the newspapers to have been appointed for putting Lord Cochrane in the pillory, he wished to be informed whether it was the intention of the Crown to remit that part of the sentence of the Court of King's Bench. Lord Castlereagh replying, that it was usual for the Court to fix a day for

carrying its sentence into execu tion; but as to what the Crown might be advised to do, he really was not prepared to give an answer; the former noble lord then said, that he would submit a motion to the House on the subject, which would be for an address to the Crown, praying that the part of the sentence relating to the pillory might be remitted, on the ground of Lord Cochrane's professional services: and he named a day for the purpose.

On July 19th, Lord Ebrington rose, pursuant to notice, and said, that before he proceeded, he would beg leave to read a letter which he had received from Lord Cochrane. Its tenor was, that, from a recent vote of his Lordship, he had flattered himself, that he stood wholly acquitted in his Lordship's mind: that he could not consent, that any past services of his should be prostituted to the purpose of protecting him from any part of the vengeance of those laws which he was judged to have offended." If (said he) I am guilty, I richly merit the whole of the sentence which has been passed upon me; if innocent, one penalty cannot be inflicted with more justice than another."

Lord Ebrington, in continuance, said that notwithstanding the letter of the noble Lord, he felt himself compelled, by a sense of public duty, to bring the subject before the House. He then began with considering the nature of the punishment of the pillory, which made the populace at once judges and executioners, and which, from a sense of its barbarism, was now rarely inflicted except with regard to wretches with whom it could

not be borne that Lord C. should be associated. He then adverted to the signal services of the noble lord; and stated two instances of addresses from that House to the Crown, praying the exercise of its prerogative of mercy with regard to sentences pronounced by the courts of law. His lordship con cluded with moving the address to the Prince Regent, of which he had given notice.

The motion being seconded by Lord Nugent, a debate of considerable length ensued, in which a great deal of the former ground relative to the trial was gone over, the crown lawyers urging the proofs of Lord Cochrane's guilt, and several speakers on the other side professing doubts of it, or declaring their belief of his in

nocence.

Mr. Barham, who was one of the latter, proposed the amendment to the motion of leaving out "in consideration of his past services," because gentlemen might vote for it on different grounds.

At length Lord Castlereagh, after deprecating the interference of the House on this occasion, said that he had no difficulty in stating, that the Crown had taken steps to interpose its mercy with respect to the infamous part of the punishment, not only as far as it related to Lord Cochrane, but to all the other parties. Lord Ebrington said, that after the communication of the noble lord, which, however, he regretted had not been made sooner, he did not feel justified in taking up the time of the House longer; and should therefore propose to withdraw his motion. After some farther conversation, Lord Ebrington's mo

tion, and Mr. Barham's amendment were withdrawn; and thus terminated the parliamentary proceedings in this business.

It is to be added, that a new writ for Westminster being issued, Lord Cochrane was re-chosen representative for that city, not only without opposition, but triumphantly. It is therefore to be sup

posed, that the Westminster electors were persuaded of his entire innocence; since mere party considerations could scarcely have induced them to connect themselves, in such an important relation, with a man who lay under a just suspicion of being in any manner a sharer in sharer in a scheme of public fraud.

ON N June 13th, the House having resolved itself into a Committee of Ways and Means,

The Chancellor of the Exchequer said, that he rose for the purpose of submitting, for the consideration and approbation of the House, the terms of the loan which had been that day contracted for. From the unavoidable absence of many members of that House, it was his intention to postpone, to a future opportunity, a great part of what he intended to say on the subject of the supplies and the ways and means, generally known by the appellation of the Budget. He would, therefore, confine himself to a brief statement of the supplies already granted, what remained to be voted, the ways and means to defray those charges, and the terms on which the loan had been contracted for. The house would

recollect that many items still remained to be provided for, among which were the army estimates, and also the sums necessary to defray the ordnance service, which would absorb a considerable portion of the ways and means of the year. The war taxes, amounting to 21,000,0007. might be considered as applicable to these two purposes-and he would state, in detail, the ways and means by which the remaining charges were to be met. By adopting this course of proceeding, he would bring under the consideration of the committee the supplies which had been granted, together with those that still might be wanting; and next, 'the ways and means, before they came to the consideration of the loan. The right hon. gentleman then proceeded to state the different heads of supply as follow:

18,786,509

18,121,173