the circumstances, he did not think it neces-case without being influenced by the desary 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 to the parties, and to its own character. He moved therefore a declaratory Resolution founded upon the record of conviction, stating merely, that Lord Cochrane had been found guilty of a Conspiracy to defraud the public.

the facts before them. It was admitted on a former occasion, that when there was any proceeding instituted in that House to affect the decision of a Court below, that it was necessary for the House to enter into a discussion of the evidence. Such an admission was, however, not necessary, as such discussion was inseparable from the

The question having been put, Mr. A. BROWN said he 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 left 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 on him, and the grounds on which the Hon. into all its circumstances. (Hear, hear!) Member 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 Noble Lord had said himself, with table did in itself compel the House to whom it might be proper to state, he (Mr. come to the vote of expulsion? or, whether Brown) 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. (Hear!) Although it would be most improper for the The Noble Lord had 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 statematerially 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 exsent 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!) Gentleman (Mr. Broadhead) who had pro-any man could say aye," yet would it posed the motion, in 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 albut 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 was due to this defence of the Noble Lord. And if the House wished to decide on the

partial, and that the verdict was brought about by improper means, was enough to make the House hesitate before they de

He

cided on the motion before them. When I trial, was delivered with an exactness asthe conviction was impugned in so material tonishing to all those who had been prea 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 turn back the evil on the Noble Lord. The House should rather suspend their judgment, and either refer to a Select Committee, which would be the proper mode of proceeding, the statement of the Noble Lord and his affidavits; or if they would not go that length, by postponing the discussion until they had time to consider the proposition which had been made. If, after a full investigation of the circumstances, the guilt of Lord Cochrane was made evident, the sentence of expulsion would follow with additional weight, not only on the individual, but on the minds of the country. The Honourable Member concluded by moving, as an amendment, that the statement made by Lord Cochrane to the House, and the papers relating thereto, be referred to a Committee, with power to examine witnesses, and to report thereon to the House.

The question having been put that the words of the amendment stand as the original question,

The ATTORNEY-GENERAL said, that the question before the House, had, in point of fact, been already decided on a former occasion, when it had been proposed to send for the documents from the Court below, in order that the House might form on them their own judgment. The ground of the motion in the present instance was, that the Noble Lord was excluded by a rule, which that night had been said to have been unjust, from a new trial. As to this rule it was only necessary to say, that it was usual in the Court in question, over which had always presided men, to whom even their enemies did not deny the praise of eminent knowledge and strict integrity. That rule also did not stand in the way of any thing which the Noble Lord thought fit to plead to the Court, as a ground for them to consider the verdict, and to grant a new Jury; and after all the evidence of the Noble Lord had been heard, the Court had unanimously been of opinion that there was no ground for a new trial. Before judgment was given in any case, tried before the Chief Justice, before whom the trial at Guildhall had taken place, every word (to speak without any exaggeration) that passed on each side at the

the Court of King's Bench, it would be in-
decorous for him to offer any defence, al-
though he felt himself quite independent of
influence from that Noble Lord in the
Court, in which he practised. There was
one remark from which he could free that
Noble Lord (Lord Ellenborough).
could positively affirm that that Noble
Lord had never revised the pleadings for
the prosecution, nor ever seen them until
they had been handed to him in the Court.
This assertion he (Mr. Garrow) did not
make from any knowledge of what had
been done in this particular case, but from
the conviction he entertained that no man
at the bar would have dared to apply to
the Noble Lord on such a subject, or to
hint in the most distant manner of any sub-
ject on which they had to give judgment.
He did not intend to be drawn into any
observations on the guilt of the
person who
had just retired (Lord Cochrane), but he
could not remain silent after such imputa-
tions on the trial, for which, if applicable,
this institution, which was the blessing of
Englishmen, would be their curse. It had
been stated as distinctly as falsely, that the
Judge was partial, political, and wicked,
and that the verdict could not have been
returned as it had been returned, but for a
jury packed and picked for political pur-
poses, by an officer under political in-
fluence, and removeable by the Chief Jus-
tice. Now it was not possible that any
such thing could have taken place. The
Master of the Crown Office was a Barris-
ter of Law, generally chosen from those
who were eminent in their profession;
this office had always been filled by per
sons of the highest respectability. Sir W,
Burrows had held the office during the life
of Lord Mansfield, and afterwards by Mr.
Templar, a gentleman of the utmost respec-
tability, though not of the same eminent
talents, who was succeeded by the ho-
nourable gentleman who held it at present,
and who had formerly held an office, next
to the judicial station in one of the colo-
nies. So far from being removeable by
the Chief Justice, the Master of the
Crown Office held his office by the
same tenure as the Chief Justice held
his own-during good behaviour.
manner in which the Special Juries

The

had been so active-indecently active (hear, hear!) in influencing the country, He hoped, therefore, that the Committee would be appointed, and he thought a Committee of the whole House would be the most proper for the examination.

were chosen by him, were the same doubts as to the privity of Lord Cochrane in which Grand Juries were chosen, to the conspiracy of which he had been conand Grand Juries 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 names, of which 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 had deby the Clerk of the House on the ballot for scribed in his affidavit. The House, he an Election Committee. Of the remaining trusted, would not think it advisable in twenty-four, the first in order who happen- these circumstances, to come to a hasty The country had ed to be present formed the Jury. The ac-decision in the case. cusation of packing Special Juries, had been carried away by a variety of publicaoften been brought and as often refuted-tions on the subject, and by that self-constiwitness the time of Wilkes. It has been tuted Committee of the Stock Exchange said that special jurors make a pretty (hear, hear, hear!); and on the other trade of juries. It must have been a very hand the Noble Lord had been inattentive extensive conspiracy under which any cor- to a culpable degree, while his prosecutors rupt practice could exist, for when could a Sheriff be found so devoted as to make out such a list as would afford the master an opportunity of packing? And, how was the watchfulness of the attornies of the parties to be got rid of? In the case before the House, the agents respectable as they were, had not been charged with the business, for the Honourable Member who had not been present that evening (Mr. C. Johnstone), had attended himself to reduce the list. It had been said that if a special juror resisted the direction of the judge, he would not be suffered to attend again. Now, if it was possible for the judge to know who had resisted his charge, he could not by any possibility prevent them from attending in every cause. As to the twelve persons who tried the case in question, there was only 1 among them who had ever served before, because perhaps it Had been thought proper to choose persons totally uninfluenced (hear!) He had made these observations lest it should be supposed that the great foundation of our liberty and property was shaken. If it happened that the same persons served often on special juries, it was because the agents, convinced of the general integrity of these persons, took the lists which happened to have been reduced by the agents for other causes. The general imputations on special juries was unfounded; and there was no place where the juries were more honest and able than in the city of London; or where they less called for the severe and unfounded remarks which had been made on them.

[The great length of the Debate renders it necessary to continue it in next Number. Meanwhile, I have given below, the division which took place on the different questions, submitted to the consideration of the House; and a List of the Minority, who voted against. the expulsion of Lord Cochrane, taken from the Morning Chronicle of Wednesday last.]

Mr. Brown withdrew his motion for a Com mittee, and on the question of adjournment the numbers were-For the Adjournment 74 Against it, 142-Majority, 68.

The first or declaratory Resolution was agreed to without a division.

The House again divided on the Resolution for expelling Lord Cochrane-For the Expulsion, 140-Against it, 44—Majority. 96. LIST OF THE MINORITY

Atherley, A.
Allan, G.
Brand, Hon. T.
Bennet, Hon. H,
Brydres, Sir E.

Barham, S.
Burdett, Sir F.

Burrel, Hon. P.
Butterworth, Jos.

Challoner, R.
Ebrington, Visc..

Flood, Sir F.
Grant, Ch. sen.
Gaskell, B.
Hughes, W.

Grant, J. P.

Lambton, J.
Lloyd, H.

Montgomery, Sir H.
Mills, Rt.
Maddox, Wm.
Macginnis,

Mr. BRAND observed that he always had Milmay, Sir H.

Moore, P.
Martin, J.
Nugent, Ld.
Newman, Rt.

Ossnlston, Ld.
Power, R.

Ponsonby, Rt. Hon. G.
Russell, Lord Wm.
Richards, Rt.
Rancliff, Lord
Rashleigh, Wm.
Ridley, Sir M.
Smith, Wm.
Simpson, G.

Tavistock, Marq. of
Whitbread, Sam.

Williams, Sir R.

Western, C.
Wordley, S.

TELLERS.

Lord A. Hamilton
A. Brown.

Printed and Published by J. MORTON, No. 94, Strand.

VOL. XXVI. No. 3.] LONDON, SATURDAY, JULY 16, 1814. [Price 1s.

to further invasions upon their rights, and which knowledge can now be communicated in no other way than through the lips of a Member of Parliament. In this most effectual mode of serving the country I know of no man who has done so much as my Lord Cochrane, Sir Francis Burdett only excepted. We have seen many better speech-makers, now and then producing salutary effects by their speeches and their motions; now and then giving corruption a blow; but, in the greater part, if not in the whole, of these gentlemen, we discover more or less of party spirit; more or less of reserve in their attacks, more or less of desire not totally to destroy radically the evil of which they appear to wish to snap off the branches; more or less of anxiety to conciliate, at the same time that they assail, that system which you have so long deprecated. In my Lord Cochrane we have never seen, in any instance, the smallest inclination to temporise. He has been at open and honest war With every species of corruption. We have never found him back upon his haunches, when he ought to have continued at full speed. His manner of doing what he has done has not been that of a man drilled to the use of words, and the marshalling of thoughts; but that of a man having the love of his country at heart, and fearlessly making use of truth, told without varnish in the pursuit of his object.I am by no means disposed to under-rate the value of the exertions of Mr. Whitbread, for instance; who to very great talents joins, I hope, as great political integrity. But though I acknowledge that the country 18 much indebted to Mr. Whitbread, notwithstanding the deductions to be made on account of his blandishments, with all that is hateful; yet, I scruple not, with all my respect for that gentle gratitude towards

duct on many occasio

that my Lord Cochrane's motions, relative to Pensions, Prize-Courts, and the situation of the Navy, have, in my opinion, produced more real good to the country than all the motions and speeches ever made even by Mr. Whitbread.-There are times when the powers of rhetoric ought to be held in high estimation, when employed in the service of the Public. Those powers, when joined with an inflexible hostility to corrup tion and oppression in all their various forms, are still of use; but in the times in which we live the whole mass of those powers are not, for a single moment, to be put in competition with the uttering, and the consequent promulgation of one good, home, useful truth.My Lord Cochrane has, indeed, never carried any motion that he has made. But has Sir Francis Burdett ever carried any motion? No; but he has carried into the houses, the cottages, the hovels, of the people of England, and has implanted in their memories and their hearts, principles which it is impossible that they should ever unlearn. And the imbibing of which principles, while it tends to keep evil in check at the present time, are the sure and certain seed of complete reformation, and of the triumph of freedom, at some period more or less distant. This is the only way in which even Sir Francis Burdett can serve his country, though supported by a princely estate, and by all the characteristics of an ancient descent, and of an English Gentleman; this is the only way in which even he can serve his country; and in this way my Lord Cochrane has done more than any other man, except his colleague.-But, the other motive for his re-election, if you deem him innocent of the crime laid to his charge, and for the alledged commission of which crime, though most of us did not before know that it was a crime in the eye of the law, he has been public con- sentenced to the most infamous of all pusay,nishments; a sentence allotted, according

and my sincere