The British Press; or, Morning Literary Advertiser. — London, England, 1822-07-18 00:00:00

I isisiration of the laws, sari est:il-paid police, he could not ilea in .bat inseam they Mould he better employed, than in augprossiag these periodical Mstatices of ur national free.--(Hear, liear Sir J. IIACKiNTOSiII sail, that, although not personally sienieded with lretasd k he could sot bet regret that the Kati- Cenee Government of that country did not see the aecessity of farming the example of that most e‘criirnt and Mussel. .ors Viodroy, the Disko of Bedford, in 1808, who did at that period interfere, and successfully, to prevent so scandalous • practice. lie deprecated those commemorations; first, be. mese they were dangerous to the public peace, bat more especially betas," they were an insult to the people of Ire. laid, and as annual libel on the memory of King Within' (Cbserii)..-for, if there was any one act whirl, more portico. ta t ty distinguished the character of that 'Dualities man, it •esa that hr WWI the hero and the champion of religiose bear.)--It was hurtful lima to the feelings of may our who veammed his name. to see his sensory re. sited b y th.t obscure tsci,on, who were a disgrace to the am " of.-1 )1 a•ge. COULBURIf laid, that although be difered from t►ose who had preceded him on the great question which OINS OD intimately connected wit► these processions. yet he eqselly disapproved with them any attempt to keep alwe Arse feelings which they must all wis► to be buried to obli vicie....(ll,emd elveres.)--He bail received no otber informs tins regretting these °emirate's than that to which all stud menne. the public journals, snit coo the fidelity of their re presentations it was not at aH times sale to depend; sod he wee metier loslined to believe that the statements were a good deal artaggrrated. fIIrGEORt3E HILL said, that no man deprecated these eoceasions more than he did, •ad in his own neigh. bourbood he bad for many roam taken particular pains to prevent the manifestation of such a spirit; but it was some what surprising that it war only when protorsioos took place ea one side that say degree of notice wan taken ; and be rad lake the liberty to state, without meaning to provoke a debate, that provocation came largely and extensively (foto the other party to whom allusion had been made. The Hon. C. H. HUTCHINSON said, it. reply to the Right Hon. Seeritmry for Ireland, that if it was uelther wMo are sdeisableto continue these practices why did nut he lake sone iltpa top them ? 'shy should be allow the eon. grimmer of this outrage sad Insult which eadaugered the tranquillity and security of Ireland I—(Cheers.)—lf he saw the Attorney-General for Ireland io his place be would ask hisy in his official capacity, whether or not the existing laws owe rafficiest to enable the Lord Lieutenant to put an end to these disgraceful processions. If the laws were not suf ficiently erosg, then he would say that Parliament should sot separate until the Lord Lieu' was armed with fall powara •' but he was certain that these powers did already exist, a nd he deprecated the conduct of his Excellency in sat exereisiog them.—(Hear, bear, bear.)—Tbe House mast bear is mind that these Insults were levelled at the peace and feelings of Sea millions of people.—(Cheers.)— He would tell the Secretary for Ireland, that If he was dis posed to andervalne the recent occurrences is the city of Dahlia, he took a most erroneous and delusive view of the subject, for be firmly believed that no circumstance had taken place sieve the appointment of Marquis Wellesley 'Web has produced a stronger sensation in Ireland. Orange promasioes bad taken place in Banjos and ; bet in Dublin it was more particularly offensive, because :be police, acting as such, bad been principally active in siding wills one party to insult the other. The dressing of the statue in College Green could never hero taken place without the knowledge of the Castle; and if the Lord Lieu tenet did know it, he should have eacetieed his existence before be would have tolerated 11.--(Hesr, hear.) , -.-He called epos the Secretary for !reload, if he was not prepared gas tight, to •ussrer tomorrow whether the laws were sit ei. eatty strong to p t the recurrence of &boos practices; sad he called spot. the Lord Lienteoast, if is could trace the. proceedings to any Police Magistrate, instantly to die aim him. lie knew he was correct when he stated, that tha Dublin police did positively join in the riot upon the os mium to which he had alludtd..--(Hear, hear.) TIN Petition was then laid on the table. Mr. SPRING RICE expressed a hops, after lb. general . detlaraties which bad been made on all sids of the Mouse. that Is foists these disgraceful proceeding* would biburied is oblivion. MR. SAURIN'S LETTER TO LORD NORBURY. Mr. BROUGHAM perfectly concocted in the wish ex pensed by his 14pu. Friend (Mr. Rice), and be wished to lake that opportotlify of making some inquiry from the Se cretary for Ireland relative to a letter from Mr. Seen° to Lord Norbnry, to whirls he (Mr. Brougham) had called the attention of the House en a former oceasius. He uuder t stood that it was out d. sled that it was so sathealic letter., aed sot alingeihrr of • recent date, according to some ise. counts bearing date six years ago, sad others so tieback as 1813. If that lever was really genuine, he considered it highly melpoble, and without reference le the mesas by which it .been obtained, he would say that ii was a case which Tiered some proceeding from the Houee e for the lapse of Hiee.linco the writing of Hist letter did smut in his' estintatiet mike wiry difference is the ease. 111r.00kiteRN stated, the, he bad seen nothing is the letteCillpelli-or. in the means whereby it bad been obtained, to ladies him to institute auy inquiry. The Hon. Gentle man whose aline was subscribed to that letter, was now shell, unconarcled wish the Adinieistration • and whatever vaspeet he might fe e l for hi s c h aracter , h e did not conceive it la be his duty to make any communicatios to him, nor did be receive any. He could not therefore speak from any authority. From the letter itself, it appeared that it was of a very ancient date, fur it referred to as individual who had bees for some years back a Judge, and who was then a practitioner at the bar. iirG HILL said, that considering the strange means by nekh that letter was said to be obtained, he wished to give theHao,asd Learned Gentlemau (Mr. Brougham) who bad takes such extraordinary notice of this transaction, an op. pothook, of explaining • report which had obtained vet, petrel circulation, namely, whether or not he brought for ward the gyration of a well-known Homan Catholic Gentle niaii is Ireland ? Ur. BROUGHAM said be could recognize so right why any Hon. Member should demand of him whether he bad rommuoicated with an s Gettoflggssan out of doors, distiuguished or obscure, Roman CatbareAt Protestant. However, is order to gratify the carivailfolltelkohilrsa not Mandible cu. riosity..(A laugh)—of Ole Hoe.' Baronet, be would slime Mat he had ant directly or indirectly any communication sub any Individual tin the subject, and knit of all with the iseividual to whom be presumed the Hou. Baronet alluded. Use asom•nl he sew the letter published, it did appear to bins to be a subject well worthy of the Consideration of the House. Ur. R. MARTIN begged to contradict the statement of the Hon. B.rooci (Ste O. Hill), namely, that the Ceiba. iors celebrated awy offensive ceremonies. To that statemeot, "oh all respect, be had soo hesitation to give the must on. AIM& d dental—(A laugh, and hear)—for he was satisfied that all those prwersitows were conlued to what might be tailed the Orange party.—(Hear, bear.) BEER RETAIL BILL. Mr. FTSIIF. PALMER presested • Petition from the 1°14 " 4 " 1 " i.f It'adine in favour or this Bill, and expremrd above that if his Unit. and Unused Friend should fail on 114's cecasinn, he would persevere .otwirbeundior. Mr. BROUGHAM said they might give themselves no trouble oe that head. The Pr/Ilion was laid on the table. Mt. MONO( presented another Petition from the va►ious Trades is Rest/nig to the lame elect. The Clerk read the Petition as coming from the tailors, shoemakers, bricklayers, printer., and afar parsons.—(Loud 1 1orhier4 11r. BUXTON rectified the mistake; It was a Petition *l'd by Hkpls Parsons. Br. SCAR LETT presented a Petition from the lnhabi toots of Pet, rtrnrothrlo spinet the Bill. Mr. BROUGHAM looked over the Petition, and mid he 'Cited kayo to set hie Hun. and Learned Friend right, fee the Petitiria proceeded from the pebhe•sy which altered (he tale iistrriatly. TM Petition was then laid en the reek. BREACH OF PRIVILEGE. Mr. COURTENAY reeved the Order of the Day for the atteedamee of Mteass. Hope teed Netlike at t►e her of the HAsse.—iohn itope was then called in tad look his place at threw. The ttpe,uctrt then slated that on the 9th July last a complaint hid been mode or a printed leeles. sia•ed John ' Huy, directed to the Mon. James Aberrromby, Esq. ■ Mr 111. brr or lbat noise, wonting a (speech made by hint In his place in Parliament, and he called upon him to Stale whe ther he were the author of that teller. Mr. Hope acknowledged that he was the author of the letter. The SPEAKER then owed, that the House had come to • resolution that the said leiter was a breach of their piles lege% and hPd ordered his attendance. If therefore he had any explanation to offer, now was the time fur bins to be heard. Mr. Hope the. addressed the House. He cossmoced by staling, that it was neither his wish nor purpose to stile any thing which was at ?wiener with the resolution to which the House had come, declaring his letter to be a breach sir their privileges. He was fully sensible that that letter might hear the constitution of tieing a breach of their privileges, bat be hoped there were sufficient reasons to induce the House to think that it was a violation rather technical and venial, than of • more serious nature. Entertaining.. he did the must profound respect for that Hon. House, and regarding their privilege* se no less valuable to the peuplethan to the Re presentatives of the people, and consideriag that t►e dawn. *tensor the Representative breach of the Comilla ution should be conducted with the moat perfect freeduna-epossessing those principles and these feelings, in the peculiar and pain ful skulks* in which recent eircunistauces bare placed him, he could not but lament exceedingly that the only direct and effectual course which was left upeu to him to vindicate his character and honour should have led to an apparent con tempt for their Hon. House. He hoped that in ili.posing of this ease the House would regard the feelings and situa tion of the parties arbo were toned upset to answer at their bar. He trusted they would allow hint to state, that that letter was nut orifice wit► any view to invade the privileges (Attu House, but to viudieste his private ■nd professional character from the most grave and serious, and, as appeared to him, the most unaccountable imputations. in the publi cation which had gun. forth to the public, containing an account of the proceedings of that House, he had sees him. self accused of conducting a malicious prosecution of a most "'auto. sod intolerable newt', with the inhuman and re volting purpose of prejudicing the cased an individealerbe was about to stand his trial is a matter of life and death. It imputed to him the employment and abuse of his proles. siooal exertions as an Advocate for the gratification of private stattgnity, and the fostering of thou animosities which might lead to the effusion of blood; it imputed to hint conduct which devoted the absence of all those qualities, without which so Coastal could ever hope to obtain either public or private confidence, and no man could ever claim the recognition of a geatlemao In society. Need he say that theme were imputations injurious to his owa feelings need be say that these Were iniputatiusa injurious to his cha ✓acter !—ueed he say that there were imputations calculated to do him prejudice in his profession, sod to blast the hopes of • young man aspiring to Ouse honours sad emoluments to whieb it was a aaaaa I to look forward as the reward of his professional exertions ? And what wu the ground of those imputations ? That he ►ad signed certain papers in a par ticular cause. He was not eugaged as Counsel in that cause t be knew less of the hidividuals who were parties to that cause, than the Hun. Member who made the statement. He was ignorant of the contents of the papers alluded to. He signed them at the request of a brother Advo cate, the signature of a Counsel, according to the prat lice of the Scotch Courts, being necessary to enable the cause to proceed. Under those eirenmstaucee, he asked the House, and he did it with perfect confidence, whether it was possible fur him to see those imputations disseminated throughout the country without some endeavour on his part to refute them ? Feeling that all those imputations were founded on a total mistatensent of facts, he asked how it was possible for hint, as the subject of them, out to meet them by as public a refutation as possible? He had felt him• self called upon, even at the risk ut infringing upon the privi leges of the House. to adopt the readiest and most effectual means of righting himself in the 'pinkies of those among whom be lived. If in the manner in which he bad done so be been betrajed Into too great a warmth of expression, be bad -owned that was a part of theater which he had not moat considered. He felt as a British COlll6llll ought to feel when his character and viaduct bad been unjustly attacked, soil 'in defending himself he allowed that his language bad bees warm and impassioned, but it was honest, and he trusted such as ao perms in similar circumstances ought to be ashamed of. He could not but regret that by so doing he had placed himself is t►e situation of being called to the bar of that House charged with a breach of its piiellegro ; and he looked wish perfect confidence for as {Dieu a consideration of his case, as was consistent with sittostantiel justice, and the dignity and character of the pro cashew of that House—(Loud cheering from the Minis oriel beaches, auswered with cries of Hear, hear, from the Opposition.) Mr. Hope was then ordered to withdraw. Sir K. WILSON rose amidst a considerable noise la the House, and said he really never was more ashamed than to bear those expressions.—(Hear, hear, order, order')—He never was more .shamed of soy thing in his life than of the expressions of approbation that had proceeded from the op posite part of the House on su °mimic)a like the present. They were assembled to hear and to judge, and they mods themselves parties. How was It to be expected that any great reverence should be paid in the privileges of that House, *lies its Members displayed so little regard to the consider •titill of what was due from them in respect to their own proceedings!—(Hear, hear.) Mr. W. COURTENAY moved—" That M►. John Hope, having acknowledged himself to be the author of she palmate in question, le guilty of a breach of the privileges of the House." Sir F. BURDETT said, tbat in rising to deliver his testi meats on this ore ision, he was actuated by that feeling which he bad always entertained of great danger to the liberties of the country from any assumption of power by that Horst. He did not hear what had &Ilea from the Gestkman who had joist retired from the bar, nor did be consider that at all material; because, let his explanation be stoat it while they permitted the publication of their proceeding., so that soy maw in the country might have publicly re. ported of him whatever accusation any Member of that House might feel himself called upon, is the discharge of his ditty, to bring forward against him, and should be prohibited from publicly defeadiug himself from such accusations, on pain of drawing down opus himself the weight of those powers which were exercised by the House under the name, and not the true name, of privilege of Perimeters!, did nut appear to him to be reconcileable with any principle of kw ur jpstice known to the British coosti• sailor. Here was the case of • person accused of certain conduct is. a speech of au Hun. Member of that House, de. eying the facts charged against him, and In oeltdefeoce im pugning the statement on which the charge was founded. II was impossible to regard that as a breach of privilege while they permitted the publication of the daily reports of _their proceediogs, which they bad declared to be also a breach of privilege, nod from which nu part of the public press was exempt. Their privileges were not intended to give them power over the liberties of the subject, hut to protect them in the discharge of those duties which they had to perform ; they were given to protect them against the arbitrary iatriference of the Executive, and the assumption of any power by the Crown to control the Members of the House in the discharge of their drily, and not to be timed agaio.t the subject as a wafts of arbitrary punishment, or to constitute • species of e. nowt facto law. It was the most absurd thing is the world that the House, bring itself a piety, should declare Its own law sod proceed to act as the judge in its uw■ ease. The party in arch a case bad no means a defence. They asked him whether be had dose so and so; and he replied at once that he had, Mishits' t►at what he had done was perfectly free fount berm. They then declared him guilty of • breach of privilege, sad proceeded to ;Amish him, and that too in a wagoner completely at varksoce with the maxims of Britishjos tice and the practice of oar law, which regarded the slightest imprisonment as a heavier pnnishment than the largest Aim. For while they did not presume to inflict the slightest pu nishment kaolin to the low—for they were presumed to impose the oussiket fire—they indicted that whirls the law regarded u *meet the heaviest of all punishments, impri toilattist. This appeared to him to be perfectly ihdefensi -hie; wod the House had *Clim e ill hit joiimmeem, got stet of these aitsations to • mousse either satisfactory to ilia feeling% or bouourshle to it/ joidgmese Theee were • vast number of the privileges of the House that were lOW Noterioitsly violated without any notice beteg taken. If any of their privileges were more important than others, they were those cossetted with the right of auffrar, which *ere intended fur the suppressiOn and punishment of bribery either In or oat of the House. Now they all remem bered that the Noble Lord (Londonderry) opposite had been charged with being concerned in transaetioss of that kind a few years ago. Bet iii that ease the Howse did sot deem It necessary to tuned any proceedings upon the trans. action, because, u it was said, oothiug had b e e n _ a dult, dune, although it bad bees proposed. There indeed was as Object tiles properly called fur the exercise of ilie powers of the House to punish • breach edits privileges. But in such eases as the presest he could not conceive that the House bad say right to exert such a power, and he should always feel it his ditty to protest against it. It was a power sot to be tolerated if it were assumed even by a Rime, aid there. fore least of all did it become that branch of the Ledisloture. It was considered • gross breach of their privileges for a Lord of Parliament to isterfere is any manner is the election of Members of that House; nod yet it *as constantly done, and as constantly overlooked. But to a case like that now before them they were all alive, and eager to punish. There were pri vileges to which be greatly objected, wad to roue more ao has that of freedom from arrest. When Pal immesh sat (Italy for forty days, sock a privilege might be necessary to p t the obstruction of • Member in his passage to end from the House, and to secure him tfit mesas of attendsace in the discharge of bis duty. It was also Necessary at the period what the Crown was in the habirof exerciriag as arbitrary powerof intprisonmeet, to protect Members from the hostility which they might provoke by • spirited aud etioscienttoos dis charge of their duty in opposition to the wishes of the Crows. But when Parliament sat for seven yeses, and when there was uo longer soy fear of such an assumption of power oo the pail of the Crown, freedom from arrest resolved itself into a pro. tection fur dishonest debtors.—(Hear, (rear, hear.)—Every Member of that House was obliged to swear that he was free from debt.—(Hear! sod laughter.)—Freedom from arrest fur debt, therefore, could not be necessary, because no Mem ber could be under any apprehension on that head —(Hear! and laughter.)—Their proper privileges, therefore, were com pressed into a very small compass, which did not appear to him to have been isfrioged in this case. He felt it, there fore, to be his duty to oppose the infliction of any punish. meat; and if any were proposed, he should divide the House on the question.—( Hear, hear, bear.) Mr. S. WORTLEY said, if a breach of the privileges had bees committed in the present instauce, it had arisen from their own fault. The House bad declared the publication of its proceedings a breach of privilege, and If it winked at the violation of its own orders, it could nut expect that they would remain free from violation by others. Were they to connive at the publication of their proceedings, and when an individual found that be had bees wrongfully ac. cased, was he te suffer bis character to lie for months uuder the operation of the aspersions by that means circulated against hint, before be could have the means of justifying him self? When motions were made in that House, grounded on charges against individuals, who could have so opportunity of answering them, it was their duty to p t such charges from being made public. The House hod within its power the means of preventing it, and It ought to do so. He hoped what had now uecorrail would operate as a warming to the House against alloirl4 matters of an accusatory nature to creep into its discussions, or when they were introduced, against allowing them to be made public— They should look at the proceedings In Courts of Jus tice. If a criminal charge were preferred by the Attor. ory-General or by any other pontos, it was by informa tion filed on affidavits, so that the party had always • person to look to on whose responsibility the charge was founded. There, however, they bad no swell check. The informatiou furnished to Members of that House on which • charge there brought forward was founded, was not sworn ; the party making the statement was unknown; the Member himself was necessarily protected by the privilege ofthe House. It behoved them, therefute, to proceed with extreme caution in stating matters of charge molest individuals and to prevent such statements from getting Into pubfic circulation. If they allowed the publication, they could not is justice refuse the party the right of publicly making his defence. Therefore, if any ulterior proceeding were proposed in this case, be should feel it his duty to support the Honourable Baronet is his determination to divide the House on this quest ion. —(Hear, bear.) A general call being sow made for Mi. CANNING, ant Gentleness rose sad said, he ap. pretended that it was already a decided question that She publication of the passage on the fable was a breach a the privileges of the House. At that decision be was prevented by accident from being pretend, and it was sow too late to say what were the views which he individually might have taken of that question. The House had already decided that a breach of its privileges bad been committed by the pith cation referred to, and the gentleman who had been ex amined at the bar having acknowledged that he was the author of that publication, must necessarily be taken to be guilty of a breach of privilege. On that ground, and on that ground only, did he concur in voting fur the Resolution, which bad been moved by his Honourable Friend. He particularly elated ibis. because in any after motion for visiting it with any the slightest punishment be could not concur; and, nut being aware of the nature of the particular measure with which his Hon. Friend pro. posed to follow up his present motion, he wished to guard against being implicated by agreeing to this, in assenting to the futu►e mution.—(Hear, hear.) Mr. W. COURTENAY said, the present motion arising naturally out of the former decision of the House, he had prefaced it with no observations, but had reserved to himself the opportunity of similes his own opinion of the matter when be proceeded to the further proceeding which he should have to move. Rut in consequence of the discussion which had so inconveniently arises on the present motion, be felt himself called on now to state what it was his intention to propose as a sequel to the revolution which be had already moved —(Hese, hear ) [Here the How. Member paused for several seconds and then sat down.] Strangers were then ordered to withdraw, but before the gallery was cleared, the SPEAKER put the question on the resolution, which was carried without a division. Mr. W. COURTENAY then rose, sod said, it now be came his duty to address • few observations to the House before he proposed the Resolution with which it was his in• tension to conclude. He had taken no part in those ex pressions of spprobatioa which bad been manifested of What fell from the Gentleman who had spoke■ at the bar.— (Hear.)—He did not approve of them, and be must say, that in his opinion they ought not to have been made. Since he had brought this subject before the House, it bad been his duty to consider what would be the 'wiper mode of following it up ; and it had appeared to him that his one terlor motion must mainly rest un the MM. which should be pursued by the individual at the bar of the House. He bad sow to consider that conduct, and he most certainly give to the behaviour sad Isuguage of the Gentleman whom they had heard, that consideration to which he thought it entitled. The Howie had decided that the publicalio• was a breach of its privilege; sad the House would now judge whether under the circumstance, he had dose rightly in bringing it forward. He was not ashamed to slats that he did it principally with a view to prevent those con sequences which it was always desirable should be avoided—a breach of the peace, ■rising from what ►e sincerely believed to have been a mutual misapprehension of the parties. Viewing, therefore, the cuur,e which the matter ►ed taken, if the House should be disposed to follow it up with that sort of notice which would be the least op. rewire to the feelioga of the individual, his (Mr. W. Courteeuly's) object would base bees answered. It appeared that its • statement given to the world as the speech of sa Honourable Member of that House, something was coo. Wind which this individual felt it necessary immedi ately to reply to, in order to prevent the effect which be feared it might have o■ his character, instead of al lowing it to lie over until the acessatiou which formed the mats ground of that speech should be malty dia. posed of by the Rowse. Mr. Hope had now staled, i■ • manner from whic►, Wan at it as a Member of Pasha- NM MIA a jeelletloce. it appeared t o t a i nt un f a ir 1 0 c on• cludwitist he unesobro ersq tit- shirk be had said to gore Lifter* Le the House y that by the publication in questimi he intruded nothing mote thaw to, &fetid himself against a charge which appeared to Wei ha be calculated to pwrje• date bus drawler. He, llereforit, was sot prepared to say that it was dune under such eirmnitaisem, or with such Motives as to call fur punishnseui ; and he should conclude by inoviawg— " That the Speaker do comme•ieste to Mr. John Hope the Rem.lution of the House, and do further inform him, that seder the circumstances of the case, iu conseirence of the explauation given by him at the her, the 11011.0 does net feel itself called upon to p , oceed further is the said matter.' •-•{Hear, sod some laughter on the °pimento° side.) - - - Sir R. WILSON disapproved of the Relateolio* as Not col related to answer the object which the Hon. Mover bedstead himself to have had in view in fr►t bringing this subject wider the consideration of the House. Is the room of a speech tooduding with a demand for inquiry, as H - able Friend of his had felt it to be his duty to state groundi of aecusatios, implicating t►e combat of the gentleman who had been at the Bar, which tbst individual thought prope► to smite in n way which rendered it incumbent stn his Honourable Friend to take those steps which hr ad take in consequence. It appeared to hiss to be absolutely necessary that the House should protect Its Members from such a mode of being called in question, when they fat themselves called upon, in the discharge of their duty, to bring forward. statements of accusation against adivideals, to be followed up by a demand for inquiry. He thought it, moreover, in cumbent on the House, in the present instinct, to follow up its Resolution with measures to prevent the oceurrenee of t►ose ulterior consequences which it was the atention of the Honourable Member to prevent by the steps which be took in the outset. Sir R. FERGUSON said, be had no wish to keep epee? irritation which unfortunately existed; but the respect be bore to au excellent friend 'shows. absent (Mr. Stuart), com pelted him to notice a paragraph in Mr. Hope's pamphlet of a moat libellous nature, reflecting on Mr. S It was th , t which introdneed the expression, describing Mr. S. as " the heartless ruffian who sought revenge by means of his minions, whom he ordered to bind the arms of his victim." This assertion reopening Mr. Stuart, he (Sir R) declared in his place in l'arl,ament to be one of the utast inglorious falae hood,' that hail ever disgraced the press. Mr. Hope, when be introduced this, must have been aware that the fact in question had been denied by Mr. Stuart. He (Si► R.) had thought it necessary to notice this, lest an impression should go abroad unfavourable to a gentleman who was re spected by all who knew his. Mr. BROUGHAM said, that no Member in the House could be more anxious than he wet, to find some way as speedily as possible to terminate the present proceeding, provided it could be dune in such a manner as to reconcile justice and even lenity towards the party, with a due regard to the dignity and character of the Hoare. Front no one of the circumstances attendant upon this case did he feel him. self called upon to deal with it as if it were a mere technical breach of the privileges of the House, consisting merely in a publication of its proceedings, unaccompanied with any comment or personal appeal to one of its Members. The peculiarity of Mr. Hopes situation embraeed a variety of reasons fur the reluctance which he (Mr. Brougham) fell to inquire very closely into his case, and to weigh with scrupulous nicety the force of the exprersions used by him under the feeling of executing an imperative task of defend. jog himself from an unjust charge; but be d d feel called on to give it as his decided opinion that the efface bad been committed by him in no ordinary form, and that It was • most substantial breach of the privileges of the House. It was a mistake to say, as had been said, that the publication contained observations on a statement in • newspaper. The passage on the table was not so; it was • pentium' attack on a Member of the House for statements made by him in his place, with a distinct sod special refer ence to his motives in making such statements.— There were oftentimes words used by one Member in his place towards soother, which were passed over in the beat of debate, that would be treated as • breach of privilege if addressed by one Member to another out of the House. Bat there was this difference is the present case, there were ex pressions used by Mr. Hope which so Member in his place would have been suffered to use without bring instantly called ou to observe the order of the proceedings of the House. His Hon. Friend (Mr. Abereroraby) was distinctly chsrged by him with doing that in his place in Parliament, of the unfairness of which he was himself conscious at the time. He would ask whether any Member in his place would be allowed to speak so of soother without being ire slantly called to order, and receiving a reprimand from the Chair? His Honourable Friend was accused of bringing forward his statement, which had been admired by every oue, and admitted on all hands to be as remarkable fur the temperate firebug which ran through the whole of his speech, as for the ability with which it was made, not from • sense of duty, but in order to gratify the malice if his political asso ciates out of doors. No Member in that House would be tolerated in the use of such language towards soother; sod it was • question, therefore, fur them to consider whether • greater liberty was to be given to persona out of doors in obaeiviag epos the conduct of Members in that House, than they allowed to Members themselves.— He therefore considered that the House would be cansfound jug offences in their nature entirely different, if it proceed. ed as if Mr. Hope, to the publication on the table. bad dune no more then allude to what h■d passed is the House; a species of offence that would have been fully atoned by say explanation in whirl, the slightest trace could be found of se apology, or the smallest expression of regret. The (owlets therefore was how they ought to deal with this case. The Hun. Member (Mr. W. Comically) proposed, in conse quence of the explanation that had been given, to pro. cerd no further. Flow, consistently with the ansailfet regard to the privileges of the House, having voted M►. Hope guilty of ■ breach of their privileges, they could con sent to • resolution that, in consequence of the explanation which they bad beard, they would proceed no further, he was wholly at a loss to conceive. He asked those whe were the most experienced in the proceedings of the Hooey, if any iwt•rice bad ever been known of any person having been voted guilty of a breach of its privileges, and a resolu tion passed to take no further notice of the offence on t►e ground of his explanation?—(Hear, bear )--On the ground of contrition or surruw expressed. or of as ape logy made, he would not deny that it was frequently de termined to drop all further proceedings, but eeeee nit the ground of explanation merely. But what was the 'via- Dation w►ich had been gives He was at a loss to diaeuver coy thing like an explasation io what he had heard. Mr. Hope said be had acted under an irritation of feeling.— (Hear, from the Mioiaterial benches.)—Be it so—no man was more accessible to that plea than Ise (M r. B.) Bustbere were two ways in which that might beeiplained : The ore was, that the irritation of boo feelings bad led biro to the use of it. proper, intemperate, hasty language, which lie was sorry to have used. Such au explanation be could readily admit; but there was also another which might be given. It might have been meant to lead to some ulterior act.—(Hear, hear.) —Now he would say that Mr. Hone, be his advisers who they might, had been must ill-advised, not to desy that be had eutertained say meaning of that nature.—(Hear, hear ) He bad left their bar without one word of that sort; he had gone away without removing that impression; and if lie were suffered to leave them in that manner, without any further question, the House 'mild be reduced to • situation with respect to its privileges. In the reefer of its proceedings, and to its owe Itetuar, is which eves the Honourable Baronet behind his (Sir F. Burdett), little as was the value he placed oa it at present, would feel it to be an object of cumpassion.—(Hear, bear.) He trusted, however, that it never could be brought into a situation so low, so degraded, and an pitiable, as, by voting for this Resolution, fur the sake of the credit of Mr. Hope and his friends, utterly to sacrifice and abandon its owu.— (Cheers ) Lord BINNING said he had ►oped there would have been no us-casino for hint to address the House, bat he felt that if he allowed the speech of the Hes. Member who had just sat down to paw without observation, he should fail not only in his duty to the Horse, but in the duty which he con fessed he was inure militias to perform towards his esteemed and Honourable Fliend and relation, the gentleman who had been under examination at their bed. He differed from the cuaclusio■ of the Hun. and Learned Member's speech, In Mathis: the! the House ambition consoling din dignity fat draper with the person who had bees ratted to their bar with the greaten possible lenient,. He thong ht there was nothing in the erne of Mr. Hope ti earl fusitieshar severity. The Hon. Gentleman laid he had given no anthem ion ; but he (Lad B) tailed upon ell who bad Iseord blocs, ray whether they bed ever beard • more collected, iron -(Hear, hear, hear, from the (opposition)—he amid repeat the... 04 firm, for he honoured him the more for the firineters he bad dieplayed, or a more respectful ad manly state ment, and a fairer explanation. He had dietinetly said, that be watt not actuated by the remotest desire to is fringe upon the privileges of the Hesse; but he had felt himself called upon td put forth that ouldica• lion, to refute chute. which had bees disseminated against hint through the public Mitt of the country, ander which it was intolerable for him to live. He might have added. sad he (Lord B.) would now do it fur him, that if thet *p*, iutu the coulter( of the Lora Advocate, Sad the damson., epos that inquiry, could have been brought en so the pee. sent Session, no publication of that isatare would ever hove proceeded from him. But having been informed that 'hero was ao hope that it could cuthe on, lid had not b.e. tilde to tolerate the delay under such imputations as bail bell cast upon his character. The Hon,* should consider the effect of allowing charges to remain n length of timers. answered. and it ehould altos recollect that the charges is this case had been made on the foundation of a statement that had no existence in fact ; a 'daemon which was notbiag more than as ideal fable imposed upon the Honourable and Leased Gentleman ermine fir the truth. The Noble Lord proceeded with much warmth to defend hit fiend on the ground of the impossibility of a young man in hie situation acting otherwise than be had dune, towards vindicating his character from the effects which the charges preferred against am by the Honourable Member for Caine (Mr. Abercrumby) seemed calculated to produce, if allowed to remain wilanswereil, strengthened as their impression wan by the observations of the Honourable and Learned Member fur Koaresborough (S.r 1. Msckietosh). The House had decided that this wan a breach of prisilege. That decision was hastily formed, but he should not our cornmeal on it any further. la making up their minds on the question of the further neonatal of the matter, he hoped they would remember that they might push their severity too far. They should remember it was • breach of privilege found. eel on • constant breach of the privileges of the House, to the daily publication of their debates. Ile would nut say that they ought not to connive at the publication of their pro , 4:cedilla, but be most say that if they connived at that breach •f their privilege., they ought out to stand as that high ground in puoishing commeota upon their proceeding:4 which they would have held half a century ago, when it would have been an sinew honied intrusion into unpubliebodi aaaaa They should remember the peculiar 'isotonic of the society in which this gentleman mowed, and the peculiar effect upon his character which such diorite/ would bare bad in such a euciety, in which he could no latter have lived if he had nut taken this step in its vindication. if from the circum stances of the ease, and the explanation .hick they had beard at their bar, they thought there was any thing that entitled this palms° to be leniently dealt with, he hoped they would not be led by the speech of the Hos. and Learned Member fur Whichelees (Mr. Brougham) to the adoption off say bush measure towards bins.—(Hear, hear.) The Marquis of LONDONDERRY and Mr. A BER CROMBY rose together. The call of the House gave the preference to the latter Gentleman, and the Marquis acquiesced. Mr. A BERCROM BY declined all participation in the sr. control upon the motion itself. He proposed to make ease allusion to • fete of the facts to which he meant very narrowly to canine his observations. He spologieed for having beets the occasion of occupying, much against his will, au muck eats time sad atteetton of the House. Painful as it bad hero to hint to make the statement be had formerly submit ted, and painful as was the retrospect of all which bad taken place moo it, be felt still as be did before, that his duty compelled him to adopt the course be had taken. Much bad been urged respecting the effect produced us the reputation, humour, nod profeasiosal views of Mr. Hop* by parts of that statement. He had only obeyed his sense a duty, and be did not consider himself respunsible as a Member of that Howse for any thing be said there to sup parties elsewhere. He had, therefore, never authorised any set to offer ao explanation to parties supposing themselves !aggrieved out of the House, though he readily admitted the responsibility witbiu the walls fur any thing he might flay. He might avail himself of toasty facts sod circum stances to justify his conduct beyond those which were already adduced, but he had other remotes besides his anxiety not to protract this discounts for refraining. He would h. sit biraself to sin explanation on the facts already brought forward. He affirmed positively on the most mature recut. leciion, that in his statement he had represented the circum stances eo often alluded to thus :—He bad read • passage of a document, on which he intended to rely—which was no that else than a copy of Mr Stuart's trial. After mentioning that the emirs of two Sheriffs' Depots. were affixed to it, he had said that be did not know what responsibility attached to Mr. Hope and Mr. M'Neil, as public officers iu the coo duct of the case—but it was quite indifferent for hit; organist, it was euough fur hint that they were both Sheriffs' Deputes, and that they were connected with those very traosactiona which had produced that fatal consequence upon which Mr. Stuart was about to be brought to trial. lie would admit that he was not aware of the practice which had been described of one Advocate formally slain for another. The paper had been read to him by • friend before be thought of bringing forward this statement. When he was preparing to make it, be had only the recollection of the circumstances to trust to, sod had, therefore, guarded his observations with. that remark, that he knew sot what responsibility belonged to the Advocate., from their having signed the paper, though it made no difference in his argument. Another fact had been completely misrepresented. 1t b a d been said that it was necessary to his statement to be Mr. Hope as Counsel ice tat trial of Mr. Stuffier, In order to serve the purposes which he was supposed to bare connected with the case of Burthwick. He bad never relied on (hat fact In any way. He had stated the Cast of Bailiwick as one which he still believed to be of great and unjustifiable hardablp. After some further counter expires. lion of the circumstance, he °hatred that if after his state ment any one had complained to him of vaimonntrurtios or misrepresentatioe, or error of any kind in a way which it would have been becoming la him to acknowledge, he would have bowed his head willingly to such correction. He would leave it to the House, if there was any thing is his general conduct or tinderstsniling which would have ever led him to withhold any proper and becoming acknowledgment rut error or misinterpretation into which he might be brought. —(ita, hear )—He had all along been anxious to recon. rile his duty as • Member of the House, with the proper con. 'detention of what was due to his owu honour. He would have considered it perfectly consistent with throe view• to have made any explanatiou or acknowledgment sought frau Isis in a proper maneer. The Hos. and Leased Gentians,' sit down amidst Mud cheers. The Marquis •f LONDONDERRY expressed his hope• that the warmth of the explanation indulged is by his Noble Friend and the Honourable and Learned Member fur Witichelsea, wou4l not interrupt the cordial agree ment to which the House, but fur that, would hae come. He had great confidence in the general gad temper, sense, and moderation observed uu the flues. lion, lie declined any conaiderstiosi of that view of their privileges offered consistently esoingh by the Honourable Baronet, Member for %Testimonies. The Howie was bound to recollect that this was a breach of privilege ormolu out of a breach of privilege—namely, the custom of allowing the debates to he published—a practice which was sew become essential to the progress of the public interests. From this they must expect some •mall de. gree of inconvenience. His Lordship enter e d man au argument in extenuation of the conduct of Mr. Hum, who bad evidently mil tateatios of committing any breach of their privileges. lin considered, that though there voud no direct admonition in the Resolution, yet to a mind Grew, delicacy t►ere was in the eircomitseees of the case • 1101. stsiatial reprimand. Mr. TIERNEY had the Home kellog as the Noble Iced, as is Morehouse(' In going further into the question. The great object they had in view was sow happily *liaised. They bad only to take care that their soh.qmeat proteedioge should ►e saasisteat with their pest usages and &mop;lag 1 li li.