The British Press; or, Morning Literary Advertiser.
London, England, 1810-04-06 00:00:00

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laid down, he had the authority of Judge Mack.
stone, Lord Ole, and Chief Justice Hale, whose
opinion on this subject was more particularly ex-
I in a ovinusetipt, now in the posseit• o.t of
the learn,d Mr. Idergotee. In his and Butler's
notes upon the Commentaries of Cole upon Little.
ton, there would b.• found a reference to th'l.
wa-
nust•ript. He had there of.. applied to Mr. I lar-
gesse, and he had futon t the opiaion of Judge
Hale espressed to this purports as that to commit
for breach of privilege hehinga, by long and
eterustothe.l I:sdee, to the House of Commous."-...
In to ether authorities on thisiiiiestion,
there wn, that of the thostrious Mr. Foy, whose an-
swer to au isigitiry respectio,i the power of the
1.1..u,e,wa,, that coutempt alone would justify LOW.'
ailment. Every ease would supply the aegutateot,
that if the House could libelled collectively,
it could he libelled also individually, and then there
could he no doubt as to the kgAlity of commit-
ment is the case of Mr. Ode Jove'. The lion. atel
Lerrnecl Gentleman here relerred to epitomic, iu the
Riper (maintained of. a here it is reprinielitedithat the
pract ice of the House tends to makes man criminate
himself, which mode of argument was m the teeth
of a Resolution of that Iltiosi. in 177-1. awl wr
thercre a libel against, the Houk. The remarks
• wade upon the warrant by that Hon. Baronets
Errproceeded to cut up the Constitution by the roots.
ol contemptuously denominated it " this
thing, mi generis. this piece of unsealed napes:—
But was it not this unsealed paper for which that
House loud nobly struggled. and torn it Irian the
Crown. and from the power of the. Lord Chancel.
lor of England (Shaftesburj) ? Should the House
of Conancon-. that House which set the Crown

uppu the head of Janes Aece,)—and
establiAted the Bill of Bights he suspected of the
right disehare‘t of its duty, itlilltItl?11 it might hove
gone a little too far in the cure of Mr. Gale Jones?
The writer of the paper before them was contume-
lious, in both the subetauce and Cie mode of his ar-
guments. In this case he wonld recommend the
mime pursued in that of Major Scott; where the
House having pronounced the publication libellous,
yet thought proper to pass only a reprimand. Mr.
Pitt, on the trek he aliudral to, took a particu-
lar part in the discussine, and desired the House
to take it up with Gaut moderation. Ile con-
tended, that Sir Francis Burdett had tint correctly
represented Sir Robert Walpole, when he imputed
to him sentiments favourable to the arguments he
bad urged. It was for them to bear in mind that
was the Commons' House of Parliament, and it was
net in be lowered iu the constitution, as a breach of
the Legislature.
Sir S. Rosin. re rose to expinin. Ile never
doubted nt the power of the House of COMMON{ to
commit kr breech of privilege, but hr entertained
a doubt how far they pusetesed that power iu the
case of a libel.
Mr. Will rDRE 4D expre.sed his warm attachment
to the. privilege, of time House, bat still he eon-
iii4t red the a:g.ulueiit. of his Learned Friend (Sir
S. Itaimiry) rem need unatfertcti by thou of his
ilonourable Friend. who had ju.t it down. He
sun. t also coon nil, that in the breath of the nee-
the Speaker* of that ilosise, whether good or
t..a. depend .d the liberties of the country.
'Lee ware it of a t liainuan of Committees
least be rd, but that are, ex rarcmitate; and
s Aot tit., staid in regard to the ease of Mr.
Gale Jones? fie firmly orhe%•-(1 there .as no
httai er endowed .meth inure coustitutional 'mow-
le.lge than Mr 114rgare; but he had alweys torn
kJ to un.lerstand he had ever expresod a zealous
opiwuti upon the power of commitment claimed
by the !loose of Cues this. He did nut think lie
Lone al Mr. Foe i.yF lied in the present instance-.
La the case of Iteevio, it was neier agitated that
soy commitment should take place, amid yet that
was a care of lihel ; end elt•ma.; h it was coutended,
ou one st.ie, Cie book ought to Le burut by the
e‘IIIIIIIO.I I. t,:ginati, and on the other, that His
Majesty's Attnrney-General should ht, directed to
prosecute, which wee the opinion of Mr. Pitt—yet
what was the consequence ? Why, he was acquitted
by &Joey. Meer such an 'leopard, how would the
contentment of that Illus.. have opileored ? Mr. Fox
in didrcriiis; to tonne:its unoet till. leanest, say.,
all Courts, Lords mut Cetniii-neo hive all usurped
power is the exercise of these rights. Being Dow
called spot., lie could not pronoutice the publica-
tion of Sir Fronts'. Burdett a libelions attack upon
the privilege. of that II .u,e. When the que,tion of
Mr. Gale Joi.es.wits first brought forward, the Bill
of Itii;hts had tests. referred to ; end there was one
clause ineutiotwd, was certainly made, to
protect them egaind the Crown, instead of be-
ing exercised is any other wanner. In the
conduct of the charge big oust Mr. Gale Joe's,
there were ruany iipportuuttim of avoiding the
difficulties to which tory were placed, mid from
which, at present, it seemed very rtidicult to extri-
cate themselves. He deurecate.l that spirit which
busied itself in puithig the worst construction upon
Cie voids of Sir Francs Bunk tt. From no ne.-
Lies of alarm, hut from a ,ense of propri.ty, he
was. not dispesed to puini this calm to the utmost
commits- ; our did he think it right to out-
bawd Herod, in ca.es of this destitution.—
He thanked his L-arned Friend, the Mater of
the Rolls, and the Noble Viscount Milton, for their
eodeavours that the mouse
should be well (:011.i,
dried, beforethe Howse came to a vote. Ile
could not help also returning hie thaiiks to his
Learned Frien.l, Sir Samuel Ilatedly, for hos speech, •
which wail net ouly replete with argument, but did
bloomy t• the breast dictated iL Under 'ten
iremeideratioe. he would recommend that the quote
We should Ise postponed to a period out et the
fieusipo, awl that Mr. Gale Jones should be forte-
witb liberited. He woe not in the Whit of always
regreeriag with the Hon. Baronet, Ur hod wily ems
fault, he exaggerated ; he (Ir. W.) inenat the
grievances of the coeutry. Tee Has. Coronet was
in the habit of speaking in the superlative mood,
but he could say. not wish an nitration to do any toe.
I'. e Mu Bill was Vie destruction of the
LA It 'UM' and be would ask the
Nettie Lied 4.2aiitteetreghj if it wee not the case?—
Bat the preeinat lostaocc was robs eery ; they lesgan
soh ete:re, fiv impnsoising Gale Jour*, and wavelet
cud tit tleat•otieg oiie of their uwu body. He
w.Cd tip 61.,114 them advice to himerste
Oak J t.nr, anti put Lie present ul.tauas bryoad
to stratus...
qtr 'puke In repienetieli.
Cdatitao. ro 01 ..r some length, as-

gored the Mole. dot be came iota ik mei doubt.
fui bow he abated give Viewing; but.tater,bearing
tie stemmas of the Han. end Learned lignite-
man, Ntr. Adam, the original resolutMuS olsould
huve his ("support.
ilJr. Sir, as far ai Lam concerned.
I have nothing to accuse• myself with. if I bed
barbinthe house, 1 have opposed the
committal- al Mr. Gale Jones ; .but that is not
the question now before us. It is the narrative
'of Sir Vramis Burdett, Which state% that this
House has out a right-to 'commit soy individual to
pawn, except one of its own Members, and he
giouodg his orpiment* up"n Magna ('harta; that
is. he must be fried by his Peers before his pu-
nishment. I differ frogs the Honourable 8..
Court 1U 1111 political vii WI iu private I.fe
have not the homier of knowing him ; but fur his
ability and integrity, I would give hint full credit.
hear.)-1 shell repeat my words, and per-
haps more forcibly; that, fn-im the conduct of the
Honourable Baronet in this House, he merit. my
highest encomiums--/hear, hear) however in
some things I may differ from him. Will not
the freedom of the press be allowed io some
measure?—(Hear, heir).)—l mean the lila rty
of it—the constitutional liberty of it, which fairly
animadverts on all public measures and men, but
the individuals ex.tretaitig which, if they go be-
yond a certain latitUde, are amwerahle, and, per.
haps. too often brought into a Court of Justice. A
discretionary power ought never to be orerstraieed.
I assert that the prii 'lieges of this House are part of
the law of the land ; and I would defy any Lawyer,
in a Court ofJustice, to argue that it could take
under its jurisdiction the privileges of this House.
The laws of Parliament arc alone the fouhdation
of our privileges. As to the question whether the
letter of Sir Franvis Burdett is or is not libellous,
I hare bad many revolutions in my mind, and
still it is not settled. Pnt I would ask, whether
it was not lawful for the Hots. Bart. to discuss the
conduct ofthis House ? and I will soy, it is impos-
sible for any man to measure words. I do not say
I tvotild have gone the same Irogihs.—(Near.)
Can it be denied that the people have u right to de-
bate the necessity of a reform in Parliament? which
might be considered by sonic, inside the Honor,
and other. out, that it was too great a privilege;
yet they had that right, and would maintain it.—
(Hear, hear, hear.)—lt is the first time, I
• must acknowledge, that resolutions stood in
the face of the llonse„ staring at them. without
giving a knowledge of how they intended to pro-
ceed. I would wish it to be understood. if you
intend to move for the committal of the lion. Bart.
you shall have my decide-I opposition. The letter
in question did not call for your interference; it is
below the dignity of a Bosse of Commons to
spy. seek, and look after causer, to call tlvir
privileges in ganglion. Wh it are you doing ? only
making the man, a horn on would wish to pot down,
more popular. The case of Mr. Wilkes cannot
be out of your reeolleetion; the present is nearly si-
milar ; by as ill.tineed policy you would frustrate
the object you aim at. I cannot be thought, or
considered for ri ointment, as the pupil of the Hots.
Baronet. He has to vest eared me, or those I hose
had the honour of co-oiwratieg with ; the eommin-
son is bad ; hot he loss often pot us on *inequality;
still I think he is entitled to every tiling from ht.
Mgennonsnelis--( Pear.) 1 agsin rep.- it, that stork a
role as that of ordering th. lido. ilau.. Into custisay,
shall have my decided upp,ssttion. It is hot r. quo-
ed ; the arra of the couutry does n.it cull fir it ;
and if it is carried into execution. the sere 111.111je of
the liberty of the press is done sway with."—(Lued
cries of Mar./secs%)
The CUANC4I.I.OII of the EXCHEQUEIL spoke in
favour of the ortiocil r 1.311010 UL
Mr. GHATrAV, in w speech replete with elo-
quence, iss.itessited ill favour of the aniendinem.
Mr. Wisitman, in • speech of some length,
spoke in favour of the former Resolution-.
• Lord JUeeLyV stated, that if the pamphlet had
come out in 11% land. it would have been said the
country was in rehellio. He therefore called upon
the HOPS! to support 1(4 privileges.
Lord PUIVIrEaTER made an rvatiort which
brought up Mr. W. Pole to complain of being ob-
structed by the mob out of doors.

A long -di.cuspion ensued, in which Genersl
Montilgoe. Mr. Sheridan, Mr. Brand, ■ud others,
spoke in favour of Sir F. liurdrt•. Mr. W.
the Attorney Geoeroll, Mr. Boyle, Mr. Willieriuree,
Ice.sgaisist hirn.—Mr. Herlwrt. Lord G. Grenville,
Sir .1. Newport, I,,rit W. Russel, aad Lord Mel.
too, &e. in (*war of a middle course.

The G•llery W 44 then cleared for a dirinnn on
Lord Ffll it*,JllC.• JNClllllui ut. when there appeared
For it Go
Against it sic
Majority -191

Simmers were not re•admnierl. bin we under-
steedoliat Sir K. Sainsbury. eftrr Mr. Lethhridge's
two Resolutions were agrtrd to. MN ov.d That Sir
F. Burdett eirbuld be eunianttrJ to the Tower."
•

Upon this • discussion of abooiaiTiou;eusuecl,
and • division utak place—
Far tie Cuemustial l9ll
A Kunst it lll4
ty 14r studio% Sir Fi %soli IMI6 reirsr se
Adjourned at EIGI I.r O'CLOCK.

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