The British Press; or, Morning Literary Advertiser.
London, England, 1810-05-12 00:00:00

Ality were all agrees as fo the propriety ototlopting
Ih, advice of the Committee.
Pottsohnv egplaiaed. • • •
• Mr. W. IVy tin contended, 60. they shoald
foPon the• mode sdiTteet by their ancestors, and
eriment the Solicitor with.' had screed the notice.
-He 4greed also to the• propriety of the Speaker's
putting iu his plea.
Sir S. Rooti.vi was desirous to state his opi.
ohm upon some doctrines that had been advanced.
• He agreed that the Speaker and Serjeant should
rtiat ilk plea., but there were some opinious stated
ht his Right Ilunoorahle Friend near hien, mod by
hi. Learned Friend, which he was de.imue of offer.
iota few remarks metre. (krild not think it was the
duty ohs Member t•t plead against the House, in the
pre.ent stage of the business ; he, therefore, should
not enter fully into the case. He would confe‘s,
however, that he di I not agree with those who
thought that the privileges of that House could hot
be tried in Courts of Law. He thought that their
print. gea censtituted part of the law of the land,
11111 I hat they would be recognized as such by
co rt.' of Justice. But supposiog that the Speaker's
pie oa. to have the effect of interrupting the
can e, the same reason would not apply to
that of the Serjeant. If their privileges could
not be questioned. surely the mode in which
they were executed contd. He thought that a
dangerous doctrine which denied that afro• of their
privileges colol be tried in the Courts below. He
gooiert several authorities, Lord Kenyon among
bilveri, in support of his priiitiple, and maintained
that this doctrine, was neither justified by practice
nor by reason. tie knew that the privileges of the
House were connected with the privileges of the
people, soul regretted as most unfortunate that any
opinion of the people should incline them to thick
otherwise.

Mr. Willi:mot said, be was of opinion that the
doctrine of the Hon. and Learned Gentleman
(Sir Samuel Hominy) went to subvert all the prin.
ciples of privilege. tie was aware that the Hon.
Baronet, Sir Francis Burdett, then is confinement.
bed set forth such doctrines, find they were well
leteived.by these whom he was iii the habit of ad-
dressing: Bid he did not expect the same argu-
ments Coin a men, whose sentiments, if he did not
revere, sit least he was iu the habit of coinciding in
opiai .n with. There must be an end to all power
it there were not some tupreiumey to guide it. After
the !rimed and convincing speech of his Right
Min. Friend (Mr. l'insitimov.) it would ill become
'him to defend the law; hut this he would say, toot
in Courts their privileges were open to be discussed
by other tribunal., and are liable to contruul ; but
that tribulisl, which he had the honour to sit in,
was mot answerable to any law. If there was an ape
peal to be made from the Courts below, it must
be made somewhere, and to what place could it'lte
made but to the Legislature? Then, be would
ask, from whet part of the Legitimate would they
try to seek redrew? It must be from the House
of Commons. A discretionary power most be
lodged somewhere. and the House of Commons
was the only L•gitiluste pace Tor it. Ile 111.8111,
thongiit f,eb,re too oight, that Coons of Law hurl
wide pew ri in ..ie. • of Conn, and
that other Courts cook' not have eontroul over
them. The privilege• of the House must cease fur
seer, if they were allowed to he disclissed in Courts
• Law. 10 the case of the Se.jealit, it might
tw tktie,cot ; for, in executing his warrant, he
night he guilty of dolt or larceny ; hut as long
us he was the Officer of that Witte, they onght not
to allow his eousiuct to 1.. e so closely investigated,
as it might give an opportanite io examine into the
.11/1117.10i. but being of
.opts,ion that the plea
might he entered without infringin{ on the privi-
leges Of Pasrliameitt, he agreed to the motion.
The Arroaftte-GxeCRAL said, he was surprised
at soy wppotition, after the authorities which had
beta stated by the Right lion. OnalCITlllll. (Mr.
Ponsoill.q), whose arguments, and the whole tenor
of whose speech, did honour to himself, and must
always produce grautu4e from his coentry. He
then entered largely into the cane of Sir Francis
Pemberton. and Sir Thomas Jones, Judges, who
were called before the House. They did not dis-
pute the privileges oldie House. but it was iucisin.
bent en then. to act as Judges—they refused the
plea put is by th • Speaker, because it set forth
that the Court of king's Bench had not cog.
nirooce of it; but if they had pleaded that all
Courts had not a jurisdiction, it would have been
received; which showed that they did not thick
they had any power over the privileges of the
Huns. Ina that the plea uses not entered proforma.
This kind of precedent had been made much use
of, but when it came to be .wined, it was found
that some irregularity was the cause. He fill nut
a doubt, but when Mr. speaker's plea was put in,
the Judges would not listen to the suction ; but he
mild not give them the same assurance as to the
Serjeant; for, in the execution of the warrant, lie
had mitstepped his instructions. The privileges of
that Houee could not be iiiured, and were not cog.
nimble in a court of law. 1 here were many Learned
Gentlemen more able to give an opinion than he
was, and if they wished to put any question to him,
he was ready to answer.
Mr. WILLIAM SMITH could not consent that
there was any power in the country that ought to
be put above the law of the land. However. he
gare•hill assent to the present motion.

Lo.d Aftwrow said, he entered the Howse with
many difficulties upon his mind. as it related to the
question then before them, but they were totally
removed by the arguments iu the impressive speech
of the Right Mon. Gentleman. (Mr. Ponsimby.) At
the same time he was of opinion that a difference
should be made between the Hon. Speaker and the
Serjeant.—(Loads calls of 44 Question, rustics.")
The SrsAksit then put the question. which was
carried without a dissenting voice.
Mr. Davis GIDOV then moved his second
R•eola!ioa. which was carried with the same uu-
•..imity.

Mr. W. W. We ett asked if the persons or
agents carrying on the prosecution, were to go
- un-
end adduced- several instance*. both in
Flame and that, where they had been
appear at the Bar, and were afterwards
itted.
rratcavat. asid, that. from the COWS? the
'on'ne hod taken, he thoucht it unneceuutry.
INDIUMS thought if they dtil not proceed

against those persons, they were encouraging in•
suit.

Mr. BILOUGHAM postponed 111. notice relative to
the instruction* of Ciro/eminent to Mr. Hat horst. •
Sir JuNtl NP.wrowr postponed his motion rela-
tive to Sir G. Sher.

The considerat of.the Pones Settlement Bill
was pustpoued to Wednesday next.
Mr. G. Rose asked whether it was the intention
of the Noble Lord (Cochrane) to move respecting
the prisons of the couutly, of which hr had before
given notice ?
Lord COCHt*ttE said, that he had been prevented
from bringing forward the motion by indisposition,
but *mild take an early day for the purpose of
doing so.

COMMITTEE OF SUPPLY.
The sum of 1,511,7 tat. were voted for the OM'.
tomes of the Navy, and au addition of 15,000 Men
for the service.

After some discussion between Sir C. Pole, Mr.
R. Ward, Lord Cochrane, Mr. W. Pole, Captain
Parker, Mr. Whitbread, Mr. Croker, the Chan-
cellor of the Exchequer, Admiral Markham, and
Mr. Ludniigton, the Resolutions were agreed to.
and the Report ordered to be received on Monday.
The }louse adjourned at HALF-PAST TRIM
oVi.ocir, to Monday.

NEW TUE.! TRE-ROY A 1., COVE NT-GARDEN.
This present SATURDAY, May It, no, will be revived,
KING JOHN.
John, King of Enylaud, Mr. Ramble; Falcorsbrirlye,
Mr. C. Kemble ; Philip, King of France, Mr. Murray.
Queen Elinor, Mrs. Weston the lady Csmstance, Mrs.
Sirlduns ; Blanch, of Castile, MISS Bristow.
To which will be added, first Ouse this season,
THE BIRTH DAY. •
Capt. Bertram, Mr. Menden ; Mr. Bertram, Mr. Manny;
Jack Junk, Mr. Fawcett. Emma, Miss Bristow.
Os Moaday, Macbeth, sad Harlequin Pedlar.
A New Musical Afterpiece is is rehearsal, and will very
seen be produced.

LYCEUM THEATRE,
[Coder the Special License of the Lord Chamberlain.]
This prerent SATURDAY, May it, lam, Their Majesties•
Servants will perform a Now Sethi Comic Opera, rallied
THE MANIAC; OR, THE SWISS BANDITTI.
The Characters by Mr. Philipps, Mr. Holland, Mr.
Wroughton, Mr. Raymond, Mr. J. Smith, Mr. Smith, Mr.
Duwtoa, Mr. Mathews, ]lr. Marshal; Mrs. Monatain,
Bishop, Mrs. Bland, .he. &R.
After which a '.cw Magian Farce, called
HIT OR MISS.

r • t vi.hed
th p ['v'Der
Obliged to I
committed.
Mr. I.r,n
Pmftler:dNlNfi