this moment before me, or I should have been glad to have stated it to
your lordship; but their lordships have unanimously said ‘Not guilty.’”
The Earl of Cardigan having retired, proclamation was made for
dissolving the commission; and the white staff being delivered to the
Lord High Steward by the Gentleman Usher of the Black Rod, his Grace
stood up uncovered, and, holding the staff in both hands, broke it in
two, and declared the commission to be dissolved.
HOUSE OF LORDS,
February 19, 1841.
In the House of Lords, on the motion that the trial of the Earl of
Cardigan be printed,
The Earl of ELDON said, there were some matters connected with the
subject, that ought not to pass without notice. It would be recollected
that the right reverend prelates, towards the latter part of the trial,
requested permission to withdraw, and did so. In a portion of the
address of the Attorney-General to their Lordships, the learned
gentleman made use of a certain expression,—no doubt out of his kind
regard towards the noble Earl at the bar,—in which his feelings seemed
to have carried him a little beyond what he originally intended. The
expression to which he alluded was this:—“That he was glad that nothing
of moral turpitude had occurred in this case.” Now, he was perfectly
prepared to say, that, in the present state of society in this country,
it was difficult to suppose that it could go on as it now did, unless
certain allowances were made for the feelings of respectable individuals
placed in situations of great difficulty, where, perhaps, their
sentiments differed materially from the line of conduct they were
pursuing. No man was more ready to make that allowance than he himself
was; but, even admitting that, it appeared to him that the
Attorney-General, in making the observation to which he had alluded, had
gone a little beyond what he ought to have done. Now, as the trial had
gone off on matter totally irrelevant to that point,—as no opinion had
been given by their Lordships on the subject,—he thought it right to
notice it, lest it might be supposed that their Lordships concurred in
the sentiment to which he had referred. He believed their Lordships
would agree with him in saying, that, in whatever situation a gentleman
might be placed when driven to have recourse to duelling, it was not a
custom that was sanctioned either by the law or by the moral principle
of the country. Each specific case must stand between the individual,
his conscience, and his God; but he could not conceive it possible how
any man could pursue such a course without some delinquency being
attached to the act, however the circumstances, in each particular case,
might diminish the amount of it.