The Statesman. — London, England, 1810-04-06 00:00:00

whole of the paper together, they would, how. tver, hod the word 46 resist" uniformly coupled' with stems words, importing that nothing but a le. gal resistance was contemplated. They would see, 61 to resist the ductriae," 66 to resist with their voice, Ste." It was impossible, he contended, via:tout giving the words a forced construction, that any thing improper could be inferred from thence. If the House was in any doubt on this sub. ject, he held in his hand certain declarations of the great Lord Chatham, which must at once convince them how dangerous and unconstitutional it would be to give such a construction to a • term so inno cent in itself. •In these declarations the Noble Lord expressed a hope, that, old as he was, he might see this House, of which he was then a Member, and the country in general, once more united to oppose a despotic Minister; he hoped to sea measures fairly disputed ; if not, might discord prevail for ever. It was of no come. quenee, the Noble Lord contended, whether the question was stated as applying to a decpolic Mi nister, or to the House of Coininnes. When they saw an authority such as this, he pre. sumed to hope the House would be slow, on a word of so slight a meaning, of passing so severe a jtolg. meat. There was another thing imputed to his Hon. Friend with equal injustice, at if he wished to represent the Bill of Rights as - having been con, vertex[ into a Bill of Wrongs. This was by no means the fact. The reverse indeed, was the case, as any Gentleman might see who chose to read the passage througholit, by which he would. be con.. zinced, that thou i th Mr. Yorke might be entitled' to find fault with the passages in question, the House had no right lo complain. The Hon. Bans: net, so far front reflecting on the Howe, had gong' out of his way to liberate them from any charge on, this head. Another passage had been alluded to,. in which the Worthy Baronet spoke of the House, es decked ont•in the trappings of royalty, lord. , Lag it equally over the King and people. This was . an expression, every word of which, at least, the whole substance of which, the Honourable Ba e ronet had used in his speech, or on other occasions, in that House. lie till not meawto say, that this* atuounted to & justification ; it not being an excuse: for printing and publishing a speech, that had ae. Wally been made. He declared, however, that he agreed with an Honourable and Lelltuud Gentle. man (Sir S. Rontilly), iA thinking that' the Ben tenet: had no meaning', ur if it had any meaning, it amounted to this, that the House of Commons were not entitled to assume the power of punishing, where the law did not authorize them, and where they did assume such power they went beyond the audio. rity of the King and of the Legislature. He had. been told, that Inc publication was more likely to do mischief, because it was not Intelligible. Thee. might be ingenuity in thjs observation ; but be could not believe that the House, sitting on so grave an occasion, would be the more inclined to pass such a seutence on the Worthy Baronet, lie.. cause they did tot nnderetand the meaning of what' he had written. He believed, that to make this publication scandalous and libellous, it was neces sary to shew that it was false, and thit it proceed ed from a bad intention. As to. the falsehood of the charge, he had heard nothing except as to the Speaker's warrant ; and as to the bad inters. lion, lie imagined it would be diffieult to make it pot. Ile could not conceive es, what ground bad attention could be inferred, unless from the use of the word resistance, which had been already ob. Served on, and of which he presumed to think he bad given a satisfactory explanation. The Right lion. and Learned Gentleman, however, had said, that the paper in question retlected on flee just rights and privileges of the House. The House, therefore, was called on to determine nut only on the scandalous and libellous nature of the publiea.' lion in question, bnt also on the justice of its own rights and privileges. The paper in question, it was to be observed, was one in which the Worthy Baronet proposed to explain tit his Con .stituents, more fully than in the usual method, his sentiments on a particular question. The No. ble Lord did not pretend to know how far that was right. the was aware, that it was consideratt: a; a violation of their rides, that any account of their I,roceedings should be made public ; but of this he was also certain, that for many years the violation of this rule had been systematically wink. ed at, till the infringement of the order had become 'nor,: a matter of rjght than the observance of. it.. It was well known, however, even while the right of keeping their procecdtugs secret from the public was rigilly acted up to, it was the constant and uniform practice of Members to send to their. Coustitueuts, daily, weekly, and monthly se:coerce of their. psoccedinge, partied'. larly so far as the individual Member was himself concerned. Gentlemen were, therefore,, to deter. mine, if this wasan allowable practice in Members of that House, whether in a case of this kind, • they Were entitled tie proceed entirely from recol lection, particularly when so marry Members were present notc,, % who had not been present when the speech of the Worthy Baronet, so com municated by him to his Constituents, was made ? In considering this question, too, the House must take into view that they were called on to pro flounce this a- libel in the particular circumstances he had inentioned.—No person, the Noble Lord presumed, would venture to assert, if one were satisfied that the right did not exist, 'that he was not entitled to way so. In the first place, however, the question to be considered was,' what was a Privilege ? The definition of the term seemed to imply, that it was an exemption from the law as applied to ethers. This clearly ant. plied that such privilege must be distinttly fined. The ancient privileges of tare How nets, • freedom of speech and •freedom from arrest for themselves, and even for their servants, except in cases of treason, felony, or breach of the peace. The Noble Lord believed, the retina of these pri. . .Tileges was to prevent the Members from beingim. pedcd in giving their personal attendance in Perlis. silent; what was complained of in the present case, however, did not come under any of them. Thu Right . llonourable and Learned Gentleman (Sir J. Anstruther) said, that 'freedom from libel was necessary fur the Members of the House to enable Wen to give their minds to the conside .., -.-. . • . Y.~++"~- ~..~... . • P TR P. STAtighlAN ration of the sabjed, which might thence to be before them. It would be OA* a wide interpretatiue indeed,- to the privileges of the House, however, to contend that they were to be attended to the length now contended for. As to-hissing and hooting the Members in coming to Or front the Hence that Was *cry slif.. ferent from the present case. ' He was far frosn objecting to the right of the Reuse to remove all obstructions to its proceeilittgs, but the present was not a case of that kind. The Master of the Rolls had stated, that it was necessary the House should have the power of commitment. — He did not state, however,. that it was necessary they should have this. privilege. Chief Justice Do G rey,ten, had said, that it ttas necessary the House should have this power. What was this but say. ins, that it was necessary the House should have the power of removing all obstructions to their proceedings. Here there was nothing of that kiad. In the offence committed by Jones there was nothing that could have obstructed the pro ceedings of that House, had no question been raised on the subject. In former cases they had gone on equally well without any committal. They had dune so in the eases of Stockdale and of Reeves. I( had been said by the Right honour. able and Learned Gentleman (Anstruther) that all Courts had a power to . punish contempt against themselves. Then, ho suellatted s it will necessary to chew what contempt was. It must, he Was sa tisfied, be something calculitletl to obstruct the pro ceedings of the. Court,or to 14a4 it with contumely. Lord Kenyon had laid it down, that contempt might be conint . .:ted out of Court; but he had only ad ' d fleet! one instance to this effect, which was the case of an Under-Sheriff, who had neglected his duty in putting in force the process of the Court.- In the Court of King's Bench,- Mr. Bitigley, a bookseller, had been brought before Lord Mansliel.l, charged with publishing libels against, the Court, and •on lila refusal to answer, in. sisting that he had a right to be tried by his Peers, ', was committed to prison, where he was detained far two years, still refusing,. during the whole of the time, to submit to the . jurisdiction of the Court. Finally, ho was discharged on the mu. lion of the Attorney General, on the ground that his imprisonment had been Of longer duration, probably, than he might.have suffered had he re. ceived judgment fur the offence. this, how ever, instead of being an argument fur, was an aggravation of the offence originally commit ted, and which had been weekly and daily re peated by Mr. Bingley during the whole af, that period. If a contempt, therefore, had iwtbat case been committed in the first instance, •it hid been aggravated, and the Court had been foiled in the attempt to punish it. In the recent case of Hart and IVhite, ['lilac'. and Proprietor of a Newspa. per called The Independent 'nig, for a libel against the Court of King's Bench, that eourt had nut proceeded against them as for eoeteMpt, but they had been tries!, and were convictarby thelrPeere. In the same way, on former °eat- Biotite that House had• net committed Svochrlale and Beeves for contesispl e but had erdertit Prose cutions against them. An honourable Gentleman had said, if the Worthy Bart. denied the right of that House-to commit any person not a Member of the House, why did he nut object to the committal, 1 duriag the last Session, of Huxley Sandon ?.• That, however, had no relation to the present case; there then was an obstruction Iti the proceedings of the House. It was essential that the House should have it in their power to take every step to en- i force the exercise of their own privileges n a Court of Inquiry. If, therefore, they had a power to examine witnesses at the Bee, it was essential to the due exercise of this right diet they should be entitled to enforce, compliance, with i'. Ile contended, however, that the House was entitled to exercise this power only in' the removing of obstructions to their own pro. ceedings. .At one time it had been assumed as the privilege of that House to imprison a man -fur week, a .month, a year, or any other indefinite period. Now, however, •it was admitted, that nn such power existed. It was obvious, therefore, that this could nut be meant for punishment. The Ronso could only commit (luring its own sitting, thereby, clearly shooing that the power was conferred solely to revent the obstruction of their own proceedings. If otherwise, and the power were given them fur the sake of punishment, what would be the infe rence? That for a petty brteich of privilege one .man who was-guilty of it on the first, day of the meeting of Parliament might be at their mercy for seven years, while another perion who hail corn -inkiest a grievous offence on the last day of their sitting-, mast be aiheeateslaso the Inv iiifito .da.Y?„, If the power; therefore, was meant to be eon. furred for the sake of punishing offenders, he sub mitted that this uncertainty yield not have been tolerated. The privileges Or that House were to ha regulated by Magna Charts and the Law Of the Land ; as Mona Charts Itself bore, the subjects of this country were to be impri. wined only per juilicium psriunt, vet leg* Teri.a.." Eye" its the reign of Charles the' ireti there was a direct acknowledgment to this effect, by the three branches of the Legislature, where it sede. clared that no freeman can be confined or detain, ed in'prison. That a writ of Habeas Corpus cats. not he denied to any man. And that if any one should be emninitted without just cause, he ought to be delivered tee or bailed. This, was at a time' when the House wail assuming to itself great powers, and when- it was contending with the Crown as to the power of commitment. The house of Lords too had declared this right on the part of the Commons to be an assumption of power against law. 4autl in the case of A,shhy and White, in the year 170.1 1 it had been resolved that neither House lied any' such power, so fad' as it was not warranted by Act of farliament..— These Itesatotions passed during periods of keat and conteetion, and When the Huaaa'bad ISSIOOIt 4 I , powers which nobody would venture to sleny were illegally assumed. There was no doubt theifouee would aut go to the Journals of the Halite of , Lords to learn what their privileges were; bat 0 *hen they were ealleti.on to tonideiale use. of their , they could . privileges, they could hardlyaettieslmin mein: what , . • Were they opittions of *there en the subject of these privilege,. Each of thg Hires broaches wore at all times enstious enougpt deny such a privilege to aeaeh other ; but therelereall, is their turns, alike eager le assert it tothemselves. There was &wither circumstance whicli might be *orthy of consider- Httion. On what ground did either House claim ,this privilege? The House of Lords might assert it. in their Itepal capacity ; but that House could lay claim to it only ass branch of the Legieleture. - The Right lion. and Learned Gentleman who spoke last, had said, it was necessary that no slur should be cast on that House. Were. Ibex, how ever, to be inure protected than the Ciewn Z . The Crown could do no more that. trrder a,proaccution in due of a libel against hs privileges ; so 'could that House, without resorting to the present ex. traordinary privilege, without which they would be signally protected with the Crown. The Right flonottrablOand Learned Gentleinao went on to say, that this privilege was agreable to law, andAhat there were instaticei *of complaints of the. kind from the earliest period, when there was any necessity for making them. This he denied. Tne first instance of such a complaint was in the case of Hall, in the reign of Queen Elia iheth. The.. Right Honourable and Learned Gentleman also said, that there had been a 'regular and undisputed custom of contusitting OR such charges., This he must alsodenyi In the case of Crosby And Oli ver, lite House bad 'surely proceeded to' cum•nit ment, and the Judge Mail refused them the bent•fit of the Habeas Corpus, althOugh it was declared to be the right of every man; but this they had done our the ground l that these two persons had been commit.' ted for an infringement of the laW of Parliament, which was unknown. This, be presumed trithiek, .was a dangerous doctrine, but he left It to abler hands to discuss it. In thc csse of Mr. Wilkes, ho w - ever, , the House had not venter.d to commit, fur •he had resisted their authority. There Were only two cases of the kind in which resktence hail been made, and iir both of these the commitment had been prevented. In the year 1880, Mr. `towel e•as or. tiered to be committed, bet he • resisted the order, nod the House finding itself in a dileirona, voted that he was sink, and could net be brought Ito till st . dis tag t day. The oilier case was that of Mr. Wilkes, who haring refused to attend in cousequence of the order of the House, the House again fixed the Friday forliis attendance, and - avoid meet. ing the guesrion, adjourned Ott the Thursday. The Noble Lord proceeded to notice the ease of 'the Kentish Petitioners. One of these, a Mr. Cul: pepper, afterwards petitioned against a return of one of the Members, alleging that he had the greatest number of legal votes, and's Committee of that Ilonse • reported on his petition, that he being one of the petitioners in the scandalous . ' Kentish Petition, was not duly elected. Could there, his 'Lordship asked, be a 'stronger speeimeol of the feelings of such a Parliament, and of the danger of such an arbitrary right than this ? He begged the House to recollect that tlic two emits de, rided by Churl Justice De Grey were determined on this ground, that the law of ParManttlat was soknosva. 4.ord Shaftebury too, vracrefused to be rvleased on similar grounds, but froth this additional/ reason alsot, that he had been guilty of a .breach of privilege in facie curia., so that his conduct might have amounted to an obstruction: Were the sub jects of this country,to bo tried by a law which was not known ? Were they even to become %me:tette to a Secret Tribunal ? lithe. House had a right to call before them persons nut Members of the House, to answer for their conduct, would not such persons in 'reality become subject to a secret Tribunal? Would they not be deprived of digit / fair trial by their Peers ?- r becotne subject to a td., bunal not bound down by the solemnity of an nano and where the privilege of counsel would not• be al. : lowed them? The Noble Lord hail stated whit he conceived to be the law on this subject. He had (tulle so to show what would be the grievous oppression to which the .public tungt he exposed, if per. sans, not Members of that Home, were abli, to be so called on. •He hoped tilt House would re , collect that they were called ou to determine a question of the most grave consideration,' and hich was so doubtful in the oploion of a great majority of that Ilousei that they adjourned the consideration of it for a week. The Worthy 84. ronet had not hail the Opportunity of hearing the observations against lthn, or of making any reply to them ; he hoped, therefore, the House would come to the consideration of the question nut with the feelings of advocates buts of Judges. The Gentleman who • brought forward the motion stated it to be his object ,to give a check to such Observations us he had been accustomed .to hear from the. Worthy Baronet. • The lion. Gentleman who seconded time motion stated tt to be his Mike' to reprise penbittkol filed Oerntenrinr, ow o- forams eight Am& slid, that on perms mold doubt as to the opinions of Sir F. ilu`rtlett. -Ile tripled the' House was not prepared to come to decisino on so lespertast4 question with arch Pettily:a as these but that they were prepared diipassionately to say, whether the publication in question was or war not aSeantla- Inn libel, reflecting on the just privileget of that • lloasP. ' For his own part, he thought it was not.. lie felt, h•wever, that the House was in a dilemina nq the• subject, .and there,l fore slmuld muse, that the other Orders of the Day be now read. • Sir J. ANSTRUTIf ER eapiained. Lord BINNING denied that the discussion of the present subject had been postponed from any datiht that existed upon it, but merely itelliale the House was cam. pletely occupied with the consideration of soother must ha rming question. He did not conceive it pobsible to over , state the importance of the present subject. Had the paper under discussion been written at aay'time, an.l by the most insignificant individual, it would Itaye.dentanded the serious attention of ...e House; but these were nos o rdi na ry Mir was the I I on. Baronet any ordinary personage. If the House looked back on the conduct of thatilonourahle Harp : nolo they would find, that la perusing his object of Perlis meobtry Reform, he had lost on opportunity of blackening the chararter of the House of Commons. Had Af not told his Constituents last year at Westminster Hall, that she Howe of. Commons was the only place where the people' etV . treated with disrespect'? lee prevent . queslitin was,rit more nor less than, whether the. Hon , e would tarot sor Maki Saar riebto amid prisiieges, or terntlymaiutaia'Airm. He thought his Fla. ltelstinn had gone too Will fisikim fins* the paper of the Honoitrable Barimet was harmless, because it was written with such but to Ile allowed It was sink tea with hid taste; bet he could not admit that h was harm kw. Nanette, if salted to the appetitei and tilting of the pompon to whoa it was addrytwed. men lig muck Wore dan t erliajl than good sew, The Noble Lord had contended that a strained imerptioation had been given to thesord "retit'" aid titelFol-4111ont a humble petition to the Boar o _ron- . :~ , w , maga hits aoadratliall of thealtioble 1 4 0e4 -- ;.„ 1 ,_, _ most forted mid strained. What was it that th . e l p es/6 -- ...P l'. SAW! upon to resist 1-.[The Han. Gentleman ir - sad ~...""t Mr *lost striking pianos in Site " ..irgnniant"mAki—" el ;iiicattnt e l : rg sz i r th es cei ; : r .ynj i_l te r et i cih n m e : eap n o e t d itch e l.fae re ( " :7lo : hi c e, :al ia l ditchie o : t fe e f i l i i l ighteno; ; :7 r ,:i 4 ::, T i : arlio: i i h rin o m; l :4lstb3n, i r ri i ht f r_e r o : y o i d ia : ::c l . a anibtti:lNtivatee lt eagedi mil wt h ile,edb:anu j nidie,.e ,l e kie.itirikaifittp - it - i ne i ;: itho.:cto ! le tice_:::: sech: iii4zt. lie-t periods the liie,e of Commeas had enjoyed " - ... e ,,„ e : t * idthough they _ had certainly Mieil it with disirer thil a t h , l - p ' deviancy. In the case of Mr. Wilkes, the' Ho l u t j, -- ",,,*(•• serted their power by MAMA hest known to themselves they i;djotirietto-heL7 on which his attendance was required. In them ;; ; v f 'efTlatl)rnagliedmisi.icitiosbealrl2Riesalettved. aliedj t i s s i L t no h i e lL' e ar o l i lle t .a7 y it i h7 f i t 'li b li e ine ' l t e S i cir llP . jeit e tel t lk ni er tt i t u ti rW e r,' „ " : 11 ; :::::, , : , .whieli cuitody he remained tur (oar dors. Mr M a ri e ha in 'sent for to the ynr of the lion.t. 0,1 his appea;%s sr u s T, II. '" Ill an. re sve d red whei tlit e t r it it wVa s a Ctu i l l r 4 g rge e, ;1 1 ; ; I n ( i l d e re 3 n it 'a lu,,fl e t t r t. - u - - i ? " l 7 he r: A Z . the H.dmitoserehfeard theno ni ,u e ,, j a c tf t ol o c t o h i e w ic c t aiw ing id b!in t.4 . li4 l4 .n ' !I n er t. a it vi i. , ,,, t : D. -- ,-„; Justice, Mr. Fos (I:posed such a refe that it would hens egrading to the House of C I '„, - 7 refer the consideration 44' a flagrant libel CM their S i r - ~,,(' `to an itikriol. Court, as it m uultt lie to the Court of hi p: ' Beach to aialm a reference to the Court of Culamni• p '',: s T,its was oil ',pillion which, coming from an inlisidu:',lk-y.; well knew, 0.1 the one band, the privileges of l'adi, ; „l; reon the other, the right; of the schject, ought 10 ~:-. nt 'weight. if the ft ont.urable Baronet had ru n e : . ' himself with a grave dissertation oa the privilege:if I, Howe, he would have been the last man to have relsol him ; out his publication contained the grossest ato;,er's a hicti the pa.sages in which he spoke of the Spe;.ke s .;,'.." Jain as "a thing sui generi3." &c. of the Ingympttoil of I l e tiouse of •‘ the trappings of royaley," &c. and of the ens t yelsiuto of the Hill ut Rights lam a hilt of Wrong, t, ct ,' ‘ i f i: cient proofs. . • 11% SAMUEL. ROMILLT 'Merl, that 'after &et; the so bject all the consideration in his pew, eri. if it were true, as had been said, tint he wiz the only person who iloabtod, he was not aslisewa to say that he still retained those doubts of ' Ai d , he bad before spoken. He was glad the llouteibil not proceed with that degree of heat manifested as the former night of the discussion, as he wilt COL winced, whatever their Oita, decision mi,ilit he, pro. reeding with such calmness would Mound more to their own credit, and give greater satisfactiea to the country. .He thought there were Iwo Tim. titans connected with this subject ; the first, whe. ther the paper before them was libAlous ? the K. runt!, whether or not it was a libel on that Ilue , i., and a breach of their priviloges ? He had doubb oti that head. If (as the flou. Baronet had stit. y:I) it should turn out that the commitment of Mr, G. Jones was illegal, or if it should appear that h really thought so, he thought it most be plaiitoe that the napruu,ions contained in the paper. ere is some measory excused, as his mein peoposir; u4 would appearlit be right, .. lie would not spe.k as to the legality of the commitment of dr. Gale Jones, but as to the possibility of jtiatifyielt it. He was particulerly charged with haring moll rid ott the privileges of thViluisse. Now, lii the bill which was the subject of that charge(whichSit ti, &rainy here read), • three Members of the flouts were certainly held up to the town i but, culler. Lively considered, there was no relleelluii an iha privileges, of the flimsies : it, was merely wivlitet certain Honourable GeliaiMen had done ',kilo of wrung itspiforcii!g the 11431141 °nice for the ‘1: elusion of waivers, (Ilear, Israel) If as cheers which he 'NOW Ityard Were intended to lint. mate .his support (if Debating Sucietites he ltetge4 here . 0; be untlerNtood on. ehis point. 1144tiog Societies were sometinieq highly cetieurable.se•hrth an absent person was tried, and where the populti• side was gutturally the side of injustice, tut, n to tho bill be bad just read, .it.was, lie must sty it, herifully and circumspectly worded. Peer, ar!? The .LeArned Gentleman then ph:xi-tied Itewthiereti t tAlrat .be should not pronounce upon this Ptper that it was lent a libel ; the inolieatiot ;of, his mind was that it was a libel ; for to try it by a test, he would sAY, thistle the author of it were 'indicted fur it is a filial, and the Jury fot(ad hio guilty on that indictment*, situ afterward 4 a me , lion were made In arrest of judgment, a Court a Law woad not hold that jodgmeat aught to be ar rested, because it was impaling to an individitsi that he had done that which was improper, that to ' to sky, a deliberate attack on the liberty of the press ; but if the Howie came to g resolution that this was a libel on its character, he must ray he should think that a conclusion not warranted by OW facts as they appeared its this case. For at- though the paper published by the Hon. Baronet .was stated to lie a libel, and + the paper published , by Mr. Gale Jones; MI which the whole of the I `ease now before the House was founded, was she called a libel on hienthers of that Yin"; that it _Might be, without being a libad refl , ctitig on the eharaetere of thoSe Members, aa Members of that llotisc, for their caotiluaft in that House. tilere me Gentlemen on the Ministerial side incliagedo smile.] Sir Saltine.) said, he was sorry to incurthe contempt of Gentlemen opposite to him, hot he still retained the opinion, that there Bras a dif terenee bet steett'n lite, ore a 41,10.4.1ea.as ;Utillirtrit ..410 dual, and a Ulrel against him' tor hie conduct in the House sh as a Member, of it ;:. ecnnie the one refer! : red to his individual, the ocher 'to his senettaisl !,iharacter. And a. to the warrant Of conoMinks% . of. John Gale Janes, he hail 'no. licSitsfinn 1041 C. daring r that in his jitalg bent it wk.+ ' , defective i n. otruntent ; for it •stsfeal illn initioidttal enn antitted ;brit had been • guilty of a breach et privilege, without statitig•ito what par il l : i t Oar It WI +heels°. godly. It would be Mega/ if a comalit to cul o f -taw, for want of that specificatirsivof the offener, by which instrument the offending p a rty was ou t told what it was he had to Admit) himself against; .and also in the case of Mr. Brass Crosby, it '!" a commitment for contempt, without specifyil ,what that contempt was, yetat difered from WI case, ' which was called a breach of privilege . ; y et . ~ lie apprehended thai if the fact on wittchtliebrea of• privilege. was said to be (untitled, and that caw ._ went before a Court of Justice, it • would be 17 opinion cif that Court that the re t etdidiketikow s I, s c to any breach of privilege wh e ttavoce —. d id out ~. , take upon himself to say, mead • • veer, . 41 a ‘,ofir. • s of Law would slit %silk this case, Aliso qu01..0 'of this kind were so fow in number, the re could be hardly soy precedent quoted nom . 14. hick ° iell. l with regard to' then,. Rot if a per*o o We 5.0 1 . 1.1 niitted for a breach of pcisilege of thai, 011 ii t . mi t7 the-fact of 'that-breach were stated in Ai rmetti, 'ants Crturt•of ',avow. irbe of Itit I that arch as there Stated - was not a batchof r Uri& Coda; Jorge gl ided •01 . 14 r breat IWO hoc IH 'warrill j it, tine Mei inaoku sa id to ihg H 4 11 i)011 telldllli ;deo c Num llettib , be teal feaditti fuvrcr, could 1 n9Was took', no 1 B. rOot tke.val of it, big in dqubt Vst, i . . . . • . • . f. minimmnimPn•lognirec t ...............„ . '1.1016•01.0.110 tibiect of these maim_ This eonstreetimi of . thessoist e . L oo p, ---- ilettg••• let s e wore at . 11 most !arced sod st r a in ed. 1$ hat was it that M a a ,... L ." 1/ i alket Coed; "" _care span to resist 1.--[The Han. Gristle 111 1 r — rr ead Iffier repeatsdtg !noted]. The [fosse wo " al t . " '" e ill'i l l Re v a privilege to tat mad striking passnos fn the " Argo: ,• r— *Pia I' expressions were caltubstrd- IF , ir o d `llO4 ). car hear ! hear ! j—The wh a l e l e r w tu u rn a s sa , alike ther mei , „.1 1 acc 647: prbetivtittil ThAr ri rof consider. shed so the meet ietleminatory haps - PaPer 1.-SI a liteet mouse c l a i m Mile object of which was to throw the llotne l o i r I • 14 t l g r I ke IS might &Siert aiett7 te tre p l t ioe T se h i e d i l (Zu gil iao rtl is s TesTll l e e l ed . 's l::* * *64::°l4• H ouse cou ld fir i -: petiods Ike Iltie,e . of Commeas ha d niioved th at ' IWO tiri o al th y. thei n h t e h d e c c e n r se tais2 f y m es,:sl ys it with A. im wA mill : e l y e ritc n t t il i l eot e e alp m i t : n a n o : ::: or ,i h i e f e , s c.:v: 1. 1 1 70:10:hr: iihtietiehbeijaisort p kihß o ilisesureo w vw e .n r nasedjucii : onh y dltionb o lfue t ua t e l r e .es . j el i iwl n r b ti lli h ttrhonks i:K l :l iv:t t o ut e lii i si d :t i z t f i hp e' reed n c :: - ; ; ; inu 'o ner tr is il i i ! ethwat: ta c b . ' : .e- (4 : :: . : r 444 : ;:^ 1 ! , • fated e i .. i f t vi .ei.. lit i cre h g n ti t r bie cl c 2 wet will h slur reasons hut. 1f W t . ` 4 :?; -b gh y t' d,,. falLwn.s committedto the costr;.l . v of the Serjettnt. a u trra --' 3 del l o:l i gn e l a ,l --- e I ' - . . Lltru l acc u ";•: •whiCh custody he remained ter (oar days A ges ; so 'Could sent ' for to the tiara the Hong.. 0,1 hi, :;Par ; . Ir. ilurr4 ~-,1: And ' it -e x . gaited whether it was u iberge or mswered that it was a charge, he s•4'd ire vi • ii , a a i nill!' . . : i i ‘ : 5. '-' .' 1191.:Ibill1911 se ',resent i t he House had no meanfof ealiv ict lag ' him . :14 --' • jleaPunLY,na....i. h they woeld Crown. The pond to refer the stesjert to the caesidcration o f it '''' 14.. outman went Jounce , Mr. Foe opposed Eeeil It refeteixe on bet . of i ;rvatile to law, trih.nretritthweoctionldsitittecarsodizsriaktdiantvitgoratnhie ii it . o l us t le i f il C r _olu e s d a , ° %! . ata te be, it i w h i j o t s o f th e to an itikrioliCourt, as it st mild 1 e the 110 ; here was apt y t i le : 1:114 a l l: i kc ,i t u t i r g e n fe t rt h n: c ct to the Coa l t o f c uimon Rl:s nell knew, () I A the one haiid e ,7e ng p f ri ° vi l leges of paid,l„...- the Ho e denied. Inc , as i n the case sit on the other, the right; of the schject, mi tre to ;-,'"'"l. oppor sal • weight. if the fluntairable Bitri - t.„„r, e .. ,'s The timself with a grave dissertation oil the inet blui n tin " . the 11., liz theth. o iv..e ar c tea' id ' untleman also Howe, he would have been the last man te r hate - ;e l ' f rt. - 1 r.toLlY Ind undisputed him ; out his publication contained the grossest •Itio u -- s which the pa.sages in whit-1111e spoke of the Samisr.„4:: • k al-0 fu plc This de aw n a; no ( h i ag ~,,i gene th . " s cc. of ..„, it '• - ---., ... ar. ti: cus‘ lit ti sgottiptioa of at osby And 014.-1 House of •, the trappings of royalty," &C. and of 16. ruse refuse', d to.. cum nit- , vrtsiuto of the Hilt ut Rights tab a hill of Wrong, % • e.t oat, Il°astllthlediriti4oritiesTei(llle'rstalatittileo:nlitiinitihthlistil?wfttviz • ill ; it ment proofs. ther) em the benefit' . • time I(" vas declared to a y h a d & menu . gir e.ri iii iis i l t i " i t t h e:s e l : r U i e br t e r r c i j i t e a l . l *err 1 I been commit.' i:i it, I of P ar li ame n t, the only person who iloabtoil, he was Mot WhiOntti tint-mei omed to to say that he still retained those doubts of whi c h clauki' left It to abler he bad before spoken. He was glad the liouseilid sa id to wili cs, I mo ._ not proceed with that degree of heat manifested nii the $, '0 (1)111111k, for the former night of the discussion, as he wilt COL Ilpoil here were only winced, whatever their final decision might he, pro. Willa; lanes had been reeding with such calmness would ,redound si bt , to their own credit, and give greater satisfactim Who c ttbiw eentilia' d n to the country. .Ile thought there were two fem. i i h a ad as been or. Votive tied the order, nuns connected with this subject ; the first, whit. lleinh , lileinnia, voted tiler the Panel' before them was lib: lues ? the u. le teat „night up till tai rend, whither or not it was a libel on that Hume and a breach of their privileges ? lie hail doubt: reedit:, of Mr.Wilkes,fewer . ~,,h ectemee o f on that bead. If (as the Him. throne* had Slat. rotild so ao t t , fi xe d e:l) it should turn out that the commitment of Ms, on Was :o ' avo id m ee t. G. Jones was illegal, or if it should appear that h; Could, h er ,d a y. The really thought so, Ite thought it must he oilitiitoe that the expressions .erintaineil M the paper attain ~o Ili lie ease of 'the rooter e , a /o r . CiaL some measurer excused, as Lis main loopuini,,, Collis rest a return of would appearlo be right. -- lie would not owak as of It s ,t he had the to the legality or the conrinittsient of Mr. Cole ing In Ids Committee Jones, but as to the possibility of jiistifying it. He was particulerly charged with haring rellerted doubt itiiits, that hel isti I h e s c an d a l ous on the privileges of We Unite. Now, in the bill impor t• ctert. Co u ld which was the subject of that charge(whidAr ti, egttsc • Inge r s pe t i ma n .ftomilly hers read), • three Members of the Ileum secOsi I t, amid of th e were certainly hold up to the town i but, culler. ; y. 4111 ha lt this ? li e lively considered, there was no rencellim an the %flat to two emits des Irriltdeget of the Hittite : it , was merely whether defeat ore determined certain Honourable GelißeMen had dune ',kilo et whit 1 3 , a rg at u t ut w as wrung iwenforciitg the ittauilteg Order for the ~v. sachet urre y som t t o h e elusion of sunsets. (near, Aegis') if tit ;!'hat 1 this additional - ehavrs which he 'nom heard Were intended to intl. bite of a .breach of Mate .his se pport of Debating Societies, he itegeo4 ,genie conduct might leave ,to be understood on, this point. i).414t011 theme Were the sub. Societies were sometinies highly reensurableomiten beide, r a law which an absent person was tried, and where the popular raitti• cu to become 'kW was generally the side of injustice, tut, to 4;ty. 'the. Rouse had- to the bill he had just read, itwas, lie Must my il l mai ut Members of carefully and circumspectly worded. peg, bend; net, would not hear 1 .1 The Learned Gentleman then pi . ..6*d siipezl jest t o a se c r e t . Vis observe, that he should not pronounce opt be set' privet! of their this paper that it was not a libel ; the inolisatioi rMI i übjed to a W.., df, his mind was that it was a libel ; for to try it by he ha city af an oath; a test, he would say, thatif the author of it were Defer mild not-be al. indicted fur it Ms a filed, and the Jury foifad hie tletic stated what lie gitilty on that indictment, arid afteritords a me- hind t. Ile had (bole lion were made in arrest of judgment, a Court 4 Court On g oppression Law wuu(d out hold that judgment aught to be af- lake vied, if per. rested,' because it was imputing to an individual be in , we re a we t o that be had done that which was improper, that It tiseti itise would re- to sky,• a deliberate attack no the liberty of the taco o det e rmine a press ; but if the House came to g resolution Owe the P i i i r r o ti on , and this was a libel on its character, he must ley he judg, on of a great should think that a conclusion not wattmeter! by snort adjourned the Ow facts as they appeared in this case. Forst- the e W o rthy lla. though the paper published by the Hun. Barone; rot! o r h ear i ng t h e was stated to lie a libel, and . the paper pubik4( 4 libel Ming any reply by Mr. Gale Tones, on which - the whole of Oi l Wine House would case now before the House was founded, was slot Lean ottion nut with called a libel on Members of that House; that it was lad t s e s. The might be, without being a libsd refl , cling on the gin& I the motion characters urthose Members, as Members of dud for' check to such House, for their conduaft in that flotiSe, tilete rega , otned to hear come Gentlemen on the Ministerial ride indtaged e rule in. Gentleman smile.] Sir Saintly.) said, he was sorry to la w utile object to repress the contempt of Gentlemen oppos ite to him, hot net t orostas at a ht4,,t_ he still retained the opinion, that there was $ dif. b ut phooss o f sir IF. I ferrite° het steetni - titiel or, *A iiiiilese.ea roLiaildis . ail - . - par‘l to come to I dual, and a ltliel against hini for hie conduct in dot wee/ h inch reeling ex ' House as a Member, of Is ;:,,berttelie the one refer. - - the. l'eleeatelYto say,. rod to his individual, the toltee 'so his senateeisi • us ti raw ant a uungla- character. And as to the warrant dif commieler" • dant i of ow .11, ..... of. John Gale Janes, he had no. hesitation lade. for' lie felt, Inswrver,. did e k es, '" l b w , - strunivitt ; for it 'stated the indiVided. committed daring, that in his jilig treat it WA' , ' , defecti ve in. very tee Day be now 1 ....t had h e • •I by `it • .en ploy of a breach of privilege, was without statitig • itt what par* Oar he toad .been ILP tlern guilty. It would be Mega/ if a cosisiitaesit of et, discussion of law, for want of that specifientiose•of the °kiwi ir, i „ a any doubt that by which instillment the offending *party Le i Koine was cam- email ; are told what it was he had to defeuil hi m self s soother must ha- for kaoline to over- anti also in the case of Mr. heats Crosby, it 'r e ' Had the paper 4co 1 snowmen t foe cotileinid, without specifyieg coo Itll.l by the most from this. pt:.l o w e d the serious .what that contempt was, yet . it d: ll:red • , _. , la - s urdiunry times, • case, 'which was 'called a breach of pririleitel_P l ; . ers ""g e ' If slit' lie apprehended tbiai if the fact on solltebtheber" ' Ire . lotrourable pans -seat object of Partin. of: privilege. was said to be fontided, and th a t c alm Fes of blacks-sang went before a Court of Ju • it •would be the Justice Plat Had hr aot told • 2 t ode was net 11 , a tm , hell „ n , e opinion of that Court that the faietdl6 4.4ll " lll , tic did BO i., tie people,. Were to any breach of privilege whattevere --. ~ t this Ilitin ere 4 .9eitber take upon himself to say, pettilivehth whit a "W . mild Masao mar- of y, ‘ „,,i„,4,,,,,,,.„,. of Law would do with this cape s - attics tli es , ti f h s e the faciasa)ba taie 'of this kind were so few in number, there coul d b e Loi r i . rm emt ic, c,• wi t erA u r r ia. hardly our precedent quoted aspers,wilicit tot r 'w the that is was papa. with regard to them. Rot it a person wee 1•111 L; the 4 Wails of the mittesi foe a [peach of privilege of 64 0$04 1.". a touch Wore dae- , A . . in Oil. Celt an a d conten d e d that toesact of thitt - hreach were stated iitirord"r'sw' meat, 'ante Crtuti•of Lair *rite *be or di" eg i , prei ; a l e mele° °die ' that such as there Stated - was not a by:Wk . ° , e''' . . , . . fie in