The Sun.
London, England, 1840-02-18 00:00:00

CIIINA.

Mr. HUME begged to ask the Secretary of the Ad-
miralty, whether any despatches had been received from
the Commander of the Vohge, or the other ship of war
on that station, with respect to the recent affray which
had taken place.

Mr. MORE O'FERRAL was not prepa-ed to
say that any despatches had been received at the Ad-
miralty.

PENSIONS.

Sir R. PEEL gave notice that to-morrow ho should
move for returns of the pensions granted from the year
1834 up to the present time.
THE WAR IN SPAIN.

The RIGHT HoN. BARONET gave notice that he
sLould also move for a return of the number of marines
ashore and afloat on the coast of Spain, and upon what
service they were employed. Also a return of the
amount and description of stores advanced to Spain
under the provisions of the Quadrup!e Treaty, and the
money received from Spain on account thereof, and also
for a return of the arrangements made with Spain for
the settlement of the claims of British subjects.

CORN-LAWS.
In answer to a question from an Hort. MosßErt,
Mr. VILLIERS said that he should bring in his mo-
tion respecting the Corn•laws on the first day he could
do so after the 20th of March.
Sir E KNATCHBULL moved to refer the Tithes
Commutation Acts Amendment Bill to the following
Members :—Mr. Fox Maule, Sir Edward Sugden, Mr.
Hayter, Mr. Darby, Mr. Hodgson llinde. Sir Robert
Harry Inglis, Mr. Freshfi,2l,l, Mr. Miles, Mr. Greene,
Sir Charles Broke Vere, Colonel Wood (Middlesex),
Lord Viscount Mahon.
Mr. FOX MAU LE said that he should wish to
add some names to the Committee, and also to take the
opportunity of correcting an error he had made on Wed-
nesday evening, in stating that all the Tithe Commis-
sioners approved of the Bill. It had been submitted to
three, and only two out of them assented to it.
Messengzrs from the Lords brought down a Natu-
ralization Bill.
PRIVILEGES OF THE lIOUSa

Lord JOHN RUSSELL sad he bad another pe•
Ction to present to the House from Messrs. Hansard,
s;hich he moved should be read by the Clerk.
F Th petition was then read by the clerk and laid on

the table, it stated that a further proceeding, being a
fifth action, had been brought against the petitioners in
the Court of Queen's Bench by John Joseph Stockdale,
for the publication of certain papers, in obedience to the
orders of that House ; that a writ of summons
bad been servel on them on the 14th of February, and
Thomas Burton Howard was the attorney of Stock-
dale in that action.
Sir EDWARD SUGDEN asked the Noble Lord
if it were true that Mr. Ilowerd, the attorney of Stock-
dale, had brought an action against the son of the Ser-
jaant-at-Arms.
Lord JOHN RUSSELL had received no official
information on the subject.
MESSRS. HANSARD'S PETITION.
On the Order of the De!. for the further considera-
tion of the petition of Messrs. Hansard being read,
Lord JOHN RUSSELL said the motion which he
was about to make to the House was the consequence
of the resolutions to which the House had come
two days ago, respecting the present action. It
had been deterniire d that Messrs. Hansard should
be directed not to appear or plead to that action, there-
fore there wes no course to be pursued previous to the
entering a judgment, and be would now make the House
a statement of what course he thought they ought to pur-
sue in vindication of that privilege of publication which
they had so frequently asserted. On the present occasion
it would be unnecessary for him to enter into the ques-
tion of the possession of the privilege of publication by
that House, or into the question of plear-Ting in
Courts of Law. The only question to be
considered now, was what course the House would
take to vindicate those privileges they had so often
asserted, and in order to p: event the consequences of
that action being that Stockdale should receive from
Messrs. Hansard any sum of money as damages, for
any publication made under the authority of that House.
It appeared to hire. the most proper course. to follow in
the present case, was to resolve that the action was a
contempt of the House, and a breach of its privileges ;
and that any person who would act in pursuance
of the said action, would incur the displeasure of
the House. He proposed to move that resolution,
having special reference to those who would have to
act in prosecution of the judgment in the case, namely,
the Sheriffs of London and Middlesex, the Under-She-
riffs, and the officers, bailiffs, clerks, and others of the
Court. He would move that those parties would be
guilty of a breach of the privileges of the House, by
aiding in the said action, and that care should be taken
to inform the Sheriffs Under-Sheriffs, and others of that
resolution. In a former case the information given to the
Sheriffs did not come directly front the House. It had
been given by a servant of the House ; but it had not
come directly from the House on that particular occa-
sion. In the present case they had an opportunity of
giving a more formal notice to the Sheriffs. He there-
fore thought that the proper course would be to give
the Sheriffs the advantage of that information, and
that they should be told of the consequences of any
course they should take in violation of the privileges
of the House. lie thought it necessary to say nothing
more than to propose that course. as if they were deter-
mined on maintaining the privilege of publication ; and
if they had resolved with respect to this action that
they would not endeavour to maintain that privilege
by pleading before the Court of Queen's Bench,
it would be necessary fcr them to interfere in
order to prevent the consequences which might follow
from the action against Mr. Hansard for the publica-
tion he had issued. He would, therefore, move, that as
Stockdale bad commenced an action e.g. inst Mr. Han-
sard, and as he had given notice of executing a writ of
inquiry on the 30th of Februery instant, such action
being brought against the defendant far proceeding
in pursuance of an order and resolution of the House,
he had been guilty of a contempt to the House,
and of a violation of its privileges ; and that the
Sheriffs, Under Sheriffs, and others, who would act in
prosecution of the said action, would be guilty of a con-
tempt to the House, and of a violation of its privileges,
and would thereby subject themselves to the severe
censure and punishment of the House. If that reso-
lution were carried, he would then move that a copy of
the sail resolution be given to the said Sheriffs, Under-
Sheriffs, and others.
Sir E. SUGDEN said he emuld fellow the Noble
Lord's example of being as brief as possible, after the
lengthened discussions which had taken place on the
subject. He wished to call the attention of the House
to the extent of the present motion. It included
the Judges and Counsel—it included the Under-She-
riff, before whom the ease would be tried, and
the Counsel who appeared before him. Now,
hitherto the House had avoided coming into collision
either with the Bench or the Bar, because they knew
such a contest would ultimately compel them to grapple
at once with the Lord Chief Justice, by whom they
must eventually be defeated. Now the minority on this
question, though certainly to a great degree respectable
and talented, had been treated by tho Noble Lord with
as little concern or regard as had ever been displayed.
In fact all the courtesies of life had been disregarded.—.
(Oh, oh.) Why, the Noble Lord had refused to ex-
plain on Friday the course he proposed now to take—
not that he was unprepared—but that be feared some
cavil might be raised about it. The Noble Lord had
no right to imagine that the minority bad conducted
themselves with great forbearance.—(No, no.) Well,
he thought he had a right to say that certainly it had been
his (Sir Edward's) wish so to conduct himself,
He should certainly divide the House upon the impo-
fiey, not to say injustice, of this motion.
Sir C. GREY rose (amid cries of Oh, oh, and laugh-
ter) and said he had witnessed from the first with great
anxiety the conduct pursued by the members of the legal
profession on the other side, who acknowledged they
thought the House possessed the privilege contended for,
but thwarted the only method by which it could be yin-
dicated.—( Hear, hear.) That anxiety bad been
deepened into pain when he saw the Hon. Member for
Exeter and the Right Hon. Member for Ripon, who
were Members of the Committee.

Sir E. SUG DEN—I beg the Hon. Member's par-
don—l was not a member of the Committee.
Sir C. GREY—The papers within the two last
days have stated the Right lion. Gentleman bad asked
leave to he removed from the Committee.
Sir E. SUGDEN—The Hon. Gentleman is con-
founding two Committees.—(Laughter.)
Sir C. GREY—The mistake was of little import-
ance. The Honourable Member for Exeter was
a member of the Committees from the first, and
the opinions uttered by the Right Honourable Mem-
ber for Ripon, after he knew the resolution of the
Committee, were sufficient for his purporo ; and ho
thought if the Right Hon. Member had studied a course
opposed to reason, he could not have adopted one more
so than that he had pursued during the last fortnight.
He asked the Hon. Member, who admitted the House
had the privilege of publishing, how it could be
maintained if they submitted it to the Courts of
Law, and they decided against them.—(Hear.)
He might have had no objection to taking his chance
of a decision in the Exchequer Chamber, or in the
House of Lords revers:og the decision of the Queen's
Bench, provided they could be considered as not pre-
cluded from taking any further. steps in vindica-
tion of the privileges, should such a decision be adverse
to them. But by the steps which had been subsequently
taken such a course had been rendered impossible ; and
he would ask those Hon. and Learned Members who
acknowledged they possessed those privileges, and yet
wished them to pleacl, what would they do supposing the
decision was against them? If they would take no steps
to vindicate them, would it not be a base abandonment
of them? He thought those Hon. Members who acted in
this way, did not acknowledge that the proceedings
against the servants ()FUR! House were similar to a pro-
ceeding against the House itself, for he thought that if,
before any tribunal, an attempt was made
.
to attack the House its collective capacity, i
they would at once repudiate t.---( Hear, hear, hear.)
Ho beseeched them before they went further to con-
sider
adtd ot
ou se,
the
mthirseciwil e theirt proceedings t
ei ndt.o (TI ohuebrte,
sider how much they lowered the dignity and authority
ed
f
oanf
was no difference, in his opinion, between an action in
the Courts of Westminster against an authorized ser-
vant of the House and proceedings against the House
itself.

Strangers were then ordered to withdraw, and the
House divided, when the numbers were—
For the motion ...
Against it
Majority —7l
Sir E. SUG DEN begged to ask the Noble Lord whe-
ther tha words of his motion were also to include the Jury.
Lord J. RUSSELL said they were not, as we under-
stood him. The Noar.s Loan then moved that a copy
of the resolutions be served by the Sergeant-at-Arms on
the Slieriffs of Middlesex, the ur.dcr Sheriffs, and their
officers.
Lord H OWI C K said that it appeared to him that they
ought not to step where they were, considering that a con-
tempt of the House had been again committed by Mr.
Howard and Mr. Stockdale in the present prosecution,
after a declaration by the House of its privileges, and
after their already being punished for that breach. It ap-
peared to him that they ought not to allow them to go on
without visiting more severely than they had yet done—.
(" Hear," from the Opposition Benches)--the conduct of
Messrs. Stockdale and Howard. He tho,:ght that those
parties should not be allowed to proceed in a course which
was bringing contempt on the privileges of the House.
Sir E. KNATCHBULL wished the Noble Lord
should state the extreme punishment he will cd to inflict.
Lord
110 WICK said that it was his wish that th