The Sun.
London, England, 1824-03-02 00:00:00

PARLIAMENT.

HOUSE OF LORDS, NtAritii 1.
QUEENSBERRY CASE.
The LORD CHANCELLOR affirmed in part in this case,
the interlocutories complained of, and said that he should ex-
plain his affirmation in the written Judgment which he should
deliver in a few days to the House.
Judgment was moved in the Scots Appeals, " Ailken or
Mudie v. Ailken or Moir :" and in " Greenhill and Rattray v.
Ailken or Moir." Interlocutors of the Court of Session to be
affirmed.
Viscount GenT took the oaths and his, seat:
Mr. S,wArti4, from the Commissioners of the Royal _Military
Canal, presented an account of all Rates and Tolls- received on
the Royal Military Canal, to the 31st of Dec. 11323.--,:Laid on
the table.
Mr. ADRIAN, from the Treasury, presented various Re-
turns, pursuant to the Orders of the House and Act of Par-
liamen t.
Lord CHARLES SOMERSET and others brought up a Road
Bill from the Commons, which was read a first time.

COMMITTEES.
The Transfer in Aids Bill, the 15,000,0001. Exchequer
Bill, the Irish ha* Courts Amendment Bill, and the Recipro-
city of Duties Bill, went respectively through Committees,
and were reported. Adjourned.

HOUSE OF COMMONS.
The SPEAKER took' the Chair at Four o'Clock, and in-
formed the House that he had, pursuant to the Order of the
House, given notice in the Gazette of the Resolution to which
the Committee on the Four per Cents. Act had come, for pay-.
ing off the holders of such Stock in October next, unless they
should consent to receive Three and a Half per Cent. Stock in
lieu thereof, Within six. weeks from the present time.
A Person from the Treasury presented Accounts of the Ba-
lances in the Exchequer.
MISCELLANEOUS.
Sir J. ASTLEY presented a. petition from the manufac-
turers of wool in the county of Wilts, praying that the house
would relieve them from.the Tax on the Importation of Wool,
—Laid on the Table.
Sir J. ASTLEY presented a petition from Robert Gourley,
complaining of the, condition of the English labourer, and
stating.it to he worse than that of the Negro Slaves.—Laid on
the Table.
Mr. GROSSET presented a petition from Lynn,. praying
for the amelioration of the condition of SlaVes.—Laid on.the
Table.
Sir W. ROWLEY presented a petition from Framlingham,
against the Duty on Coals.—Ordered to he printed.
Sir W. INGELBY presented a petition from Reef ham, in
favour of a Court for the more effectual recovery of Small
Debts.—Laid on the Table.
Also petitions,fkom the Innholders of Louth and Horncastle,
against the Duty on Licenses.—Laid on the. Table.
Mr. CRAWLEY presented a Petition from Honiton against
the Duty on Coals.—Laid on the table.
Mr. LEGGE presented a Petition from Banbury against'the
Slave Trade.—Ordered to be printed.
Mr. FLEMING presented Petitions from the Licensed Vic-
tuallers-of Southampton and Gosport, praying for a Redaction
of the Duty on Licences.
Also a.Petition from Enisworth against the Duty on Coals.—
Laid
on the table.
GUlSE.presentxe o
n
presented Petition
Inhabited
; efromCheltenham,Houses.—Ordered
odo rperda
ingSiar !rd. u ctio of the Ta
;be printed.
• Air...W. WILLIAMS moved for a series of Returns rela-
tive to the Tonnage of British and. Foreign Chipping, anti the.
'value of Exports and Imports. entered in, and cleared Otit aft
the Ports in this Country and Ireland for the last seven years.—
. Ordered;
• Mr. S. WORTLEYpresented a. Petition front Skepton and
York against the Duty, on Licences,—Laid on the table.
Mr..CURWEN presented a Petition from certain Proprie•
tors of Sheep Farms in the County of Cumberland against the
Duty on Do a.—Laid on the table.
Mr. SYKES presented. a Petition from Hull against the
Duty. on Licenses.—Laid on the table.
Sir J. NEWPORT complained that certain. Returns. for.
:which he moved. oil the 9th of last month were not yet made,
and moved that they he returned forthwith.—Ordered.
sir J. NEWPORT.moved for certain Returns relative to
the First Fruits of Ireland, together with others reliqva to
those of England. Ordered.
Captain PERCY presented a Petition froth Stamford'against
the Duty on Licences. Laid on the table.
Mr. AVAREE presented a Petition from the Parish of Mary-
lebone, against the Practice of Bear Baiting. Laid on the
table.
Lord ALTHORPE.presented a Petition from certain Boot
and Shoe Makers from a place which we could not hear, pray-
ing the Repeal of the Leather Tax. Also a similar Petition
froth Perth.
Mr. CALCRAFT postponed his notice. of. a motion for the
total repeal of this tax until after Easter.
The Petitions were laid.on the table.
Lord AtTHORPE moved for an account of all Sums of
Money advanced by the Commissioners for issuing Money out
of the Consolidated Fund for the Public Wants in Ireland,
and for the purpose of employing the Poor in.that country, by
way of Loan, since the year 1816, together with the dates of
the Grants, and the special application of each.—Ordered.
Mr. BANKES presented a Petition from the Trustees. of
the British -Museum, praying for the Annual Grant to that
Institution.—Ordered to be printed.
The Hon. MEMBER also moved for Returns of the Expen-
diture and Income of the Establishment last year, together
with the other usual Accotints.—Ordered.
Mr. Alderman WOOD presented a Petition from the Li-
censed Victuallers of the Ward of Bishopsgate, against the
Duty on Licenses.—Laid on the table.
Sir T. LETHBRIDGE presented a Petition from the town
of Wellington, praying for an amelioration of the condition
of;Negro Slaves.—Ordered to he printed.
Lord J. RUSSELL.presented a Petition from certain inha-
bitants of the County of Devon, the creditors of William
Sneedham, complaining of losses suffered by the delay to
which a Chancery suit subjected the parties concerned. The
suit was stated to have commenced in 1814 and it was not
until 1819 .that they were able to sell a freehold property. The
Petitioners begged to inform the House, that up to that mo-
ment they had not received one single farthing of the proceeds,
which amounted to 20,0001. Upon applying to their solicitors,
they were told that the delay was owing to the practice of the
Court of Chancery. They therefore prayed the House would
order an inquiry into the same.—The Petition was ordered to
be printed.
THE LORD HIGH. CHANCELLOR.
BREACH OF PRIVILEGE.

Mr. ABERCROMBY rose and said, that the duty which
he owed to himself, the duty which he owed to that House and
to the Profession to which he belonged, obliged him to com-
plain of ai most gross and unwarrantable attack made upon the
freedom of debate in. that House by the Lord High Chancellor
of England. When he had detailed the means by which he
became informed of the statement made by the Lord Chancel-
lor,—when he had stated the evidence by which he meant to
prove the words spoken,—when he had. stated what the Lord
High Chancellor said, and what he himself said upon the occa-
sion which gave rise to it, it would then be for the House to con-
sider how far he was justified in the conclusion which he should
draw from the whole. He should therefore proceed with those
details, only entreating the attention of the House, because it
was no less interesting to him in his personal character, than
it was to them as an offence against their privileges. On
Saturday morning he was in the Court of Exchequer, where
he met a person of whose accuracy and character and honour
he had no gtoupd for entertaining the slightest doubt, W-
I dressed him and expressed himself to this effect:—"
Abercromby, nave just heard the reply of the Lord Chan-
cellor to what you said upon Mr.. 'Williams' motion the
other night." " I asked him," said the Honourable Mem-
ber, " what it was that the Lord Chancellor had said. He
replied, ," the. Lord Chancellor imputed to you that you
'had sent forth an utter falSehood to the public. 1 asked
him if he was sure he had made no mistake ? He answer-
:ed, " Certainly not, for the Lord Chancellor referred: to
Gentlemen with gowns, on their backs." I accordingly pro-
• .ceeded forthwith to Lincoln's Inn Hall, with the object- of as-
certaining how far this information was correct. I there ad-
dressed the first Counsel I met, but from him I could gain little
information.. But most accidentally, the short-hand writer,
who teports-the proceedings of the" Court for the public, vo-
..lumarily addressed me, and said, Have you• heard what the

Lord Chancellor has said of you ?" But here I will atop, 170
ram not certain that he used the word you. I asked him if he
would give•me- a Copy of his short-hand notes ? which he de:,
dined, but he showed me the words " utter falsehood," andel.-
lined in italics, and the allusion to Gentlemen with gowns oft
their backs: I asked hint if he had any objection to show ano-
ther shortaband writer, whom 1 saw in the Co" the report he
had made ?- Upon which they compared their notes, and only
one word was objected to. This, Sir, is strong proof of accu-
racy, but I do not fest here. Subsequently I saw a Gentle-
man of thesame profession at myself, anti I del- nut know a Gen:
tleman in whose accuracy, integrity, and honour, I would
more readily repose my confidences I questioned him upon
the subject,. and his reply was that he child' not answer far •
particular•expressionss and that he was not certain whether the
words used were " an utter falsehood," or" another falsehood."
Which of the two were used, is of little difference, only that
" another falsehood" is more offensive, becalm it implies that
I have been in the habit-of telling them• before. A short time
after I saw the same Gentleman whom I first met in the Court
of Exchequer, and I said to him, " Are you sure that Lord
Eldon imputed to me having spoken an utter falsehood.":— •
He answered that he had not the slightest doubt of it. I then said
"have you any doubt that Lord Eldou was addressing himself
to the, humble individual who now Speaks to you." His an.:
steer was quite cleat. " It could be to no one else." The
fact is, that there were only two Gentlemen with gowns on their
backs besides myself who spoke upon the question, my Hon.
and Learned Friend the Member for Wiliehelsea, and my
Hon. and. Learned Friend who brotight fin-Ward the motion;
and they did -not follow the line of argument which called
forth these remarks. I then asked this Gentleman, " Did you
believe that to be the opinion and understanding of others
who were present ?" He replied, " It must be the opinion of
every one who was acquainted with the details of what had
passed." The Hon. and Learned Member then proceeded to
state, that although he did not consider Lord Eldon entitled to
any courtesy at his hands, yet he had communicated his inten-
tion of bringing the subject before the House to an Hon. Mem.
ber who was in the habit of communicating with his Lordship.
He had now shewu the impression made upon the minds of in-
dividuals as to the statements made by the Lord High Chan-
cellor of England, and delivered from the seat of Justice ; and
he should next state what course he should wish as an in-
dividual for the House to take. He would read to them the
statement of the Lord Chancellor from the Newspaper, for,
as he had before stated, the short-hand writer refused him . a
copy of his own report. The one he was about to read cora
responded with the other as far as lie could judge from having
read it twice. He then read the following report :
" The Low) CRAlicz [AMR took that opportunity of stating,
that it had been said by some one out of doors, that the sigmas
ture of Counsel should be required to motions made in this
Court, and before the Master of the Rolls. He was desirous
that it should be known what the uniform practice had been on
this subject. Whenever motions had been made before him-
self, or the Master of the Rolls, if there had been any mistake
committed, Counsel were at liberty to move again. He had
now sat in this Court for a. great number of years, and that
practice had obtained ever since he had presided; he felt, there-
fore, that he had no right to. tax the King's subje...s in this
manner. His Lordship then proceeded:—` It has been sup-
posed that I have heard rehearingsand.appeals on new evidence.
It is an utter falsehood. On re-hearings it has been always the
practice to read the evidence on the case produced in the Court
below, whether read or not by the Judge or Counsel. Upon
appeals nothing is read but what was actually read in the
Court below ; that practice has obtained ever since I knew this
Court, and I never have departed front it in any one instance.
Gentlemen with•gowns on their backs should take care at least
that they are accdrate in their statements, and it is their
business, if it is any one's, to be just.'
" Mr. AGAR made some remarks in approVal of his Lords
ship's observations respecting the signature of Counsel.
" The Loeb CHANCELLOR-=And yet the public are in;
termed that the signature of Counsel is absolutely necessary by
Act of Parliament."'
Ile should postpone his observations upon the details of the
paper, until he had taken an opportunity of putting the House
in posseesion of what he did say. It was true, that no mention
had been made of that Honourable House, or of himself by
name, but he knew that if Lord Eldon were present, he would
not, because he could not say with truth, or with any regard
for his character, that in the statement he had made, he did not
allude to the debate in that House. Ile knew that no Member
of.that House would take advantage of those facts, because
what would be said by the public it' any One should resort to
that mean and pettyfogeing way of defending the, language of
the Lord.high Chancellor of England, delivered from the seat
of justice. It was true, he had satisfied the }louse that it • was
of the House that individual. was speaking, and that to him had
been imputed an utter falsehood. If this imputation were
true, the Speaker OW not too soon shirt the doors of. the
House against.hirti i he could not be too won aft* of the
gown which he wore, and degraded for ever by being excluded'
from the society of Gentlemen. If, on the contrary, theseat of
justice had been debased by false assertions against his character
and fame, and they would not give redress, of what use was
their privileges, and what would be the condition now, or here-
after, of these members of his profession who had the honour
of seats in that House. He trusted it was not necessary, but
yet he gave his assurance, and upon his honour, that in stating
what he did say upon the former debate, he would not willingly
pervert or alter a single word ; no, not if would obtain for him-
self the triumph, and give to Lord Eldon the satisfaction of cone
signing him to infamy. He could notspcak to exact expressions,
because no individual spoke with less premeditation than he did,
as to the choice of words. He would, however, give the substance
of what he said with as much truth and accuracy as were in his'
power. Ile stated that his first object would be to inquire into the
practice of the Court on hearing appeals from the ViCesChans
cellor. He stated also that it- appeared to be the practice
since the passing of the Vices Chancellor's Bill in 1813, to allow,
of hearings without the signature of Counsel ; and that that
practice had recently been altered. He said too, that one of
the chief objections to the Vice-Chancellor's Court' was, that
it gave encouragement to appeals ; and he added that the best
security against vexatious appeals, in his judgment, was the
necessity of having Counsel's signature. But he then ob-
served most distinctly, that this did not apply to cases of mo-'
tion, in which a disappointed suitor or advocate might go
from one Court to the other, might adduce fresh argument and
evidence ; and in eases a weak part of his case haul been dis-
covered on the Motion in one Court, might strengthen the
case when presenting it to the other. And then in conclu-
sion he observed, that this practice led to the protivancing.
of different judgments between the same parties in the two
Courts. This wat the substance of what.. he had said in' that
House ; and he now proceeded to notice what had been said by
the Lord Chancellor. His Lordship said that ever since he had
been in that Court, motions were brought before him without
Counsel's signature. But here his Lordship alluded 'to a
period anterior to the establishment of the Vice-Chancellor's
Court. He (Mr. Abercromby) asked his lion. and Learned
Friend, the Solicitor-General, whether the Vice-Chancellor did
not hear a large portion of special motions ? (The Solicitors
General assented.) It was a part of his (Mr. A's.) argument.
And then ; as to the hearing of fresh evidence on motions, he
begged also to ask his Hon. and Learned Friend, whether
motions on one state of facts before the Vice-Chancellor,
had not frequently been brought before the Lord Chancellor,
on another state of facts ?—(The Solicitor-General assented.)—
This, he (Mr. Abercromby) contended, produced a collision of
opinion derogatory to the Vice-Chancellor's Court. It was
said that he (Mr. A.) had declared Counsel's signature to have
been rendered necessary by an Act of Parliament. He denied
this. As to Appeals, his Lordship said that he (Mr. A.) had said
new evidence was heard upon them. He denied this : for
the fact was, that lie had expressly. contrasted the practice
on appeals with that on motions. When, tbereferc, Lord Eldon
stated these things of him, his Lordship put words into his
mouth which he had not uttered, and in effect charged hint with
disgracing his seat in Parliament, by making. it the means of
putting forth a falsehood. And where had his Lordship said
this? In his Court—before all the profession—before those
with whom it was most important that lie (Mr. A.) should stand
well, and upon whose support (if he depended on his profes-
sion) his very existence also depended. It was made in the
presence of the Reporters of the Court, who were to take
down every word, and carry it to the printing press, with a
view to extended circulation, before the ink was dry. What
would have been the issue of this, had he by accident been in.
Court, anti heard this attack upon him ? He could not say de-
cidedly how he should have behaved on such an occasion ; but
he hoped he should not have remained silent. What would
have been the consequence ? Had he got. up and defended
himself, the Lord Chancellor might have stopped him ; and-
had he persisted in. going on, might have committed him to the
Fleet. —(Hkar, hear !)—And to what a state then would he
have reduced the Court of 'which he was the head ! To have

xalotaniated hien' -and not allowed him to make any answer.—
(Cheers from the-Opposition.)—But, if his Lordship had al-
lowed him to defend himself, what a spectacle would then have
been presented to the professional, to the whole world !
Inear !)—The Lord Chancellor contending in Court with one of
.his own bar, on a statement allowed to have been made by the
:latter in his placein the House of Commons !—(Cheers from the
• Opposition.)—The Lord Chancellor, it would seem, had charg-
ea him wilt want of caution ; but in whom was caution most
necessary ? He (Mr. A.) had spoken in the presence of Its pro-
fessional superiors, his Lordship's defenders, who might and
would have contradicted him if he were wrong.—( Hear, hear,
frem the Opposition.)—But where was h is• Lordship ? In his
own Court, where he. (Mr. A.) could not answer him. Much
had they heard in that House of the amiable weakness of the
Lurd Chancellor • of his great care and anxiety to pause well
before he decided; and of the great sensitiveness of his dispo-
miCon. In the ease of private individuals, upon questions
affecting their pryerty, their peace of mind, and every
thing that was dear to them, no doubt there wren delay, con-
sideration, and difficulty enough ; but when it was the Lord
Chancellor of England who was ofrended, there was no de-
lay, no consideration, no diffionity.—(Lotul cheers from the
Opposition.)--And from whom had Lord Eldon received
the information ? Was it front the Attorney or Solicitor
tieneral that he had received that on which he had dared to at-1
taek his (Mr. A.'s) reputation ? But, putting all this aside, by
what right, he asked, slid the Lord Chancellor, or any other
Judge, take upon himself to animadvert on the debates of that
Ilouse—( Loud cheers.)—Were they to deliver their sentiments
under fear of censure front a Lord Chancellor or a Lord Chief
Justice ?—(llear, hear !)—This applied to all the Member
of the !louse generally; but what was the situation of such of
its Members as belonged to the legal profession? Denounced
by the Lord Chancellor or Lord Chief Justice in, cases which '
taected his.own personal feelings, what, he asked, must be the
situation of - a Barrister, whose professional support rested on
the most precarious-tenure? His hopes blasted by false state-
ments from the Bench, and the consequent loss of all professional
isusiness.—(Hear,heardlear !)—lf the House would not pro-
tect its Members; if a Lord Chancellor could be allowed to
extinguish-a man by saying what wzts said of him, of what
avail were the Peivileges of the house at all ?—( Cheers !)—The
subject ought to be seriously and deliberately examined. If it
should be proved to the satisfaction of the Moose that the
Lord Chancellor had made use of the expres,ions attributed to
some decided and vigorous-seep ought to be taken to pre-
serve the freedom of debate, and support the independence of
the English Bar.—( f4oud cheers.)-If not, that Ba.r would he
laid prostrate at the feet of Lord Eldon--( Loud cheers from the
Opposition.)—That hard Chancellor had been guilty of a gross
and unwarrantable breach of the freedom of debate, and he
(Mr. A.) called upon the House to notice it. Even had he
Littered falsehoods in his place in that [louse, he denied that the
Lord Chancellor would have a right to notice them in his place
oa 3.-he Beach..(Cheers.)—lle should now leave the case with
House, satisfied that it was his duty to bring it forward,
.and that he should have disgraced himself and deserted the Bar
ha d he not done so.—(Loud cheering.)—lle should conclude
.1:y just observing, that it was his intention to move for the
...ittendance of the Short-hand Writer, in order to prove the
Altering of the words by the Lord Chancellor ; and that, the
Wards being established, he should follow the matter up by
'4nOthcr motion. . The Hon. and Learned Gentleman then
" That Mr. Farquharson be ordered to attend at the
31sr of this Ilouse to-morrow."

of the House; but what was the case here? The statement
alleged to have been made in the llouse was, he could not
say, called in question in a Court—he could not say inquired
into, but it was noticed for the purpose of punishment.—
(Cheers.)—He contended that his language was not too strong
for the occasion. lie had nothing to do with the intentions of
Lord Chancellor. Ile tbrmed his opinions not on alleged in-
tentions, but on tlp tendency :of what had been said. lie
asked the House one plain question- -how could a Barrister
stand up in the honest, conscientious, and fearless discharge
of his professional duty before the .Judge of a Court, if
that Judge were allowed to- pass- a- sentence upon .hurt--un-
heard ; a sentence which would deprive him of the fruits of
his well, his hard-earned reputation, and close his professional
life for ever.—(Loud cheers.)—He (11Ir. B.) did not say that
the Lord Chancellor meant to do all this to his Honourable
and Learned Friend,• but the conduct now complained of might
produce, was likely to produce such in effect ; and-unletz no-
ticed by the House.would render it necessary to make per-
petual appeals to it fbr protection. There could be no doubt
that the Chancellor had committed a gross violation of the
privileges of the House. Indeed this was not denied. But
then it was said it was done suddenly, in haste, and under the
influence of that most judicious feeling, rashness—(a laugh)—
and therefore that they ought to pass it over. were
often called upon to crush humble individuals, (rout whose
attacks nothing was to be feared ; but if this motion were to
be rejected, and any person connected with the Press were
hereafter to find it necessary to write a placard, or any other
matter in comment on the debates of the House, it would
scarcely he credible that any one Member should make a com-
plaint of it ; but it would be still more incredible that he should
be called to account for it —( Loud cheering.)
The SOLICITOR-GENERAL said, it was admitted on
all hands that the Speech of his Honourable and Learned
Friend had not been correctly reported ; and reported as it
was to the Lord Chancellor, what must have been his feel-
ings ; what would have been the feelings of his Honourable
and Learned Friend had he been charged with a violation
of the law, as his Lordship was in this report of the speech of
his Illnourable and Learned Friend, in the paper in qiies-
tion, Tice Moraine, //eraid.—( The Honourable and 'Learned
Gentleman here referred to the report, which stated in sub-
stance that cases' by way of Appeal were heard before the
Lord Chancellor upon new afridavits.)—Could any Jude be
otherwise than irritated at this ? Not a syllable of what was
here stated was true, though it imputed to the Lord Chan-
cellor the breach of an Act of Parliament. When he (the
Solicitor-General) first saw the report of the speech of his
lion. and Learned Friend, he immediately observed that he
doubted whether his Hon. and Learned Friend ever said what
was there attributed to him.—(Cheers from the Opposition.)—
Ile perfectly understood the meaning of those cheers, and
would notice them presently. The complaint of his Hon. and
Learned Friend, on the former occasion, was that the Lord
Chancellor heard, with too great facility, cases which had been
previously heard by the Vice-Chancellor. It was known that
the Vice-Chaecellor had himself made a representation to the
Lord Chancellor on the subject ; and had suggested to him
the, propriety of not hearing motions, unless the Counsel making
them assured his Lordship that they had not been previously
made before him (the Vice-Chancellor). The Lord Chancellor,
in answer, said, he had no power to prevent any such motions,
or to exact such an assurance from any Counsel on the making
of a motion. With regard to the expressions used by the Lord
Chancellor respecting his Honourable and Learned Friend,

. .
Mr. Secretary CANNING said, that evert allowance was I they amounted to this, that his Honourable and Learned
due to the feelings of a Gentleman in a situation like that of I Friend had appropriated to himself what, in fact, had never
the Han. and Learned Member, who had, in his opinion, taken I been meant for him. He, therefore, concurred in the cheers
a very proper course in subMitting the :subject to the House. given by the Honourable Gentlemen opposite, when he ex-
ithout lying a professional than, and,hherefore, without un- pressed his doubt of his Hon. and Learned Friend ever dtav-
derstanding the aiStinctions in proressional Practice drawn by ing stated what he was reported to hive stated. Ile (the Soli-
the Hon. and Learned Member, refer-wipe to his speech ,he the citor General) had therefore exculpated the Lord Chancellor.—
former occasion, he (Mr. C.) must fully edinit that he did not (Cries of " No, no!" from the Opposition.)—Undoubtedly lion.
understand the Hon. and Learned Gentleman to speak per- Gentlemen would come to their own conclusions on the subject,
&tonally of the Lord Chancellor in any one respect; and that though he entirely concurred in the general remarks, that no
if he had been called opoo elsewhere to give his (minion upon I .Judge ought to be allowed to attack the Bar.—( Hear, hear!)—
that speech, he should do tht..H ,n. and Learned Gentlemen lie would never assist in such an attack ; he would not turn
•no more than justice in saying that there was nothing in it to the right or the left for any man, however high might be
-beyond the fair license of discussion.---(Hear !)—But-liaving i his station. His Lordship, however, had not spoken against
admitted ems much for the Hon. • and 'Learned Gentleman, it his lion. and Learned Friend; but against the paper he held
was but justice on the other hand to' remind him that he, had jin his hand. Ile (the Solicitor-General) was therefore justifi-
dropped one main link of the transaction of which he corn- ed in saying, that it was not a personal censure on his Hon.
plained.- Ile had assumed that the speeeh, as made by himself, and Learned Friend - and was also' justified, as a consequence,
was correctly reported to the Lord Chancellor. Ile (Mr. C.) in obsolving the. LortiChancellor-from all charge of intentional.
being an unprofessional man, _ man UV' unable, to (rtitrilltVrab Offillte.' . lint 'a. man 'must, be a pathetic indeed who did not tee-
the eirect of what was re,ported to ]lave been said by the Hon, press himself strongly a.7ain-st,refal.seimputation, as had been
aid Learned Gentleman, from what le; acturdly•dia say ; but done by the Lord chtmeellor, whose arodWer was ptirelv hvootne-
if appeared to be deer that in the reprirt of the speech of the tied. 'His Lordship would not have shown himself possessed of
lion• and Learned Gentleman conveyed to the Lord Chancel- j becoming firmness if he had. not repelled the attack upon hint ;
}or, there was that Colour given 'to the itatehnent which must . though, in his resistance of that attack, he alluded to the misre-
heve excited those feelings of indignation in his Lordship presentation made of the speech of the lion. and Learned Mem-
which-had been raised:in the Hon. and Learned Gentleman i her for Caine, and not to the Honourable and Learned Member
it:mself, and for which so full and -generous an allowance ought I himself'.
to be. made. But did the Hon. aria Learned 'gentleman meant . Mr. SCARLETT said, the speech of his lloneand Learned
to conweed that every thiPg.titte'red; in 'that- HOu`se war- t' lc i Fyieniv.,hii had last sat down, had d6ne hiha.,honour. He,had
put up with, riietety'be'eauk. it was said in that House.? The I manfully stated the doubt he felt, on readingthe report, whether
fitielt of all these misrepresentations was in themselves, through i his Hon. and Learned Friend had made use of the words attri-
their own permission, or at least their connivance, though he, ! hilted to him. But he (Mr. S.) had yet to learn, whether the So.
for one, worth! :ant correct it. The smallest error in the report i licitor-General doubted more than the Lord Chancellor—(A
of their debadht might wound the feelings cf .. themest Worthy 1 lanolw)e- His Lordship might, if he pleased, have obtained bet-
and opright.iddivideal in the kingdom. ' Tile Honourable and Ito innwmation. He might have sent for his Hon. and Learned
Isearned.Gentleinan had said that a dodge had no right whats Friend, and ascertained from him the accuracy or inaccuracy
ever to animadvert on the proceedings,' in that House. This, of the report. And if it had been his Lordship's intention to
It, doubt, was very true; but was o not natural tin. a Judge allude only to the report, why had he not said so in terms ?
when he found 'himself attacked in the nublisheduncontra- (Hcar„hear,' from the Opposition.)—lt was well known that a
dieted report of those proceedings, -to feel a desire. todelend persow,might easily avoid interfering with the privileges of the
himself ?—(Hear, hear t)e-Ile(Mr. C.) by so means said that House by alluding to the report of a speech, and denying the
tlen defence should he put forth in intemperate language; but truth •of the statement contained in that report. Had his
Petal the wish fbr defence most be natural. This report of their Honourable and Learned Friend been present at the uttering
proceedings had besn referred to by an eminent individual, of these expressions, - and a debate had followed between
fee/ing perhaps too sorely the attacks which were made upon his Honourable and Learned Friend and the Lord Chancellor,
him ; and of whom, though a public man, he could not say which ended in the former being committed, would the House
that he was content to carry his virtwe "on his sleeve for have hesitated to interfere and protect its privileges ?—(llear !)
dates-to peck at." lie was sorry for this, but it arose from an ' And where could be the difference between such a case and the
excess of right feeling; and was therefore not to be visited too present ? If the present motion were refused, they would surd
severely. • The Hon. and Learned Gentleman called for the render their charters to the pleasure of the Lord Chancellor.—
vindication of his character,- and he justly called for it ; but (Cheers from the Opposition.)—For his own part, he had no '
.aome allowance should be.matie for the characters of others, 1 hesitation in saying he would rather that the Lord Chancellor
who had,the same desire to maintain character which was so should send him to prison, strip hint of his fortune and of
properly shewn by the Honourable and Learned Gentleman. his gown, rather than call him a liar from the seat of justice !
—He wished, most sincerely, that in the interval which had —(Cheers from the Opposition.)—What would be said if a pri-
passed bet Ween the oublication of the speech and the end of vate individual only had said to a Member of that House, a
the week, that some other• and more authehtic sources of in- barrister, speaking of his conduct in that House,-...." You have
formation had been coneplted, -before the uttering, by the uttered what is false, and deserve to have the gown stripped off
Noble Lord, of the expres.;ions now complained of.—(flear, your back ?"—(Cheers.)_And was not the attack on the privi-
hear, bear ! frorri the Opposition.)_[ H ere some communica- leges of the House much more rude and violent when it came
don took place between the Bight Hon. Geetierna.n and Air. from a Lord Chancellor of England? It had been said (he
Coartenay.l He was now given to undu.stand by his Hon. shoul(l not inquire with what truth) that the English Bar had
and Learned Friend, that the paper containing the inaccurate become degraded. It was not for an humble individual
re:tort had been putt into the hands of the Nphle Lord only on him to take upon himself the defence of the English
the morniog of Saturday last.—(Hear, hear !)—lndeed from Bar against such an observation; but he would say, that
the many occupations of that Noble and Ideartil Person, it if it were intended to degrade that Bar, no more effectual
was not likely that he had time to peruse the doily jnornals.--- mode could be taken titan that which was the subject of
In this state of things neither of the pasties ought to staffer.— 1 the present discussion. What could he more degrading than
The error, causing cite whole of the complaint on each side., the expression, "It is an utter falsehood ;" and the addi-
lay inter nediately in the misapprehension, and consequent mis- tion, with a sneer, about " Gentlemen with gowns upon
representation, of the words of the Hon. and Learned Gentleman. their baci;s?" And would the House submit to this ?. Would
The. Hon. and Learned olentleman had most ably and satisfac- 1 they visit an humble individual, a printer, with censure, with
wily cleared himself ie the eves of the Hene'e and the coun- 1 punishment, and say nothing to a Lord Chancellor, ?—(ilear,
try te but he would be in error, in his opinion, if he were now ( hear, hear !)—From all that he understood of the privileges of
to press his motion, and thus preclude himself from the sub- 1 the House, and all that he bad read of the Constitution, he col-
stwitial satisfaction 'of knowing, that what he did say would lected that the privileges of the House were intended for pro-
net have excited thceefeelingS in the Lord:Chancellor I,
which tection against the powerful, as the common sense of the cause
were excited inerely by a statement of what he had not said. 1 shewed that they must be. And yet, such being the object of
—On these grounds he should think it his duty to oppose the 1 these privileges; would they endure such an attack as had been
• Motion. i complained of from a person whom ire (Mr. S.) admitted to
• Mr. BBOUGHA3I said, that whatever mien,. be the objects I be a person of the deepest learning and the most incorruptible
which the Noble Lord had in view, he (Mr. B.) conld not but I integrity; but who was high ia power ? Would. they allow
think that one. of' them had failed in the defence which had I him, andhim alone, to visit his mighty wrath upon a Member
been mittle for his Lordship by the Right lion. Secretary.— !of that House? What would have been said if this had been
'nap defence consisted of an admission of the whole charge.— I spoken by any other Judge having no power or patronage? He
(Hear, hear ! from the Opposition.)—Aml all that had then I confidently asked whether they would not be free with their
ben otfered was the humble, submissive, but not injurious ar- I indignation in such a case? If, then,untler these circumstances,
wornent, in extenuation. But besides his lion. and Learned they passed over the present complaint, it would he inferred
Friend and the Lord Chancellor, there was a third party to be that they did so from either interest or tear. It could be but
considered; a party which appeared to have been fereotten from one or the other that they passed by a Lord Chancellor
iil, the Right lion. Secretary—he meant the House.—(Loud and condemned a printer. It was the attack in another place
cheers from the Opposition.)—Resides the high character of his which constituted the breach of privilege. He by no means
Hen, and Learned Friend, which had never before been in I said that the Lord Chancellor did not believe that his Hon. and
jeopardy, and whiels never could be otherwise than sale in nil ! Learned Friend did not say the words attributed to him ; no
who knew him, there were the privileges or the House ; pri- i one even supposed that his Lordship did not believe the words
vileges to be laughed at by those who hated them. and ito have been uttered. But that did not alter the question
trampled upon by those who- would subvert them, if this 1 which was perfectly distinct and independent of that fact alto-
matter were to be passed over ; which would then become ,;ether. He (Mr. S.) felt a personal respect for the Lord Chan-
poWerful only against the weak and feeble against the strong. i cellor : he was under no obligation to him, but he had, upon
—(Cheers:)—lf the Editor of a Newspaper after this were to all occasions, received courtesy and kindness of behaviour from
makes comment, or a Reporter inaccurately to give the de- him, and he therefore spoke on this subject with reluctance.
bate of the proceedings, he should like to hear what answer But he could not sit clown without declaring that he never knew
could be made to a defence, if it were similar to what they had or heard (We case which called more loudly for the interference
jut heard. It must be said'" 0, dear, thin Editor was hasty. of the House to protect its own privileges than the present, and
" Ile conceived the character of his newspaper to he attacked ; , he should therefore support the motion--(Cheers.)
" let us therefore indulge his feelings. The man, undoubtedly, I The ATTOFtNEY.GENERA L said, it must, be obvious
" was tan hasty, and had he waited a few hours—(flear, hear!) i that the sole object of the Lord Chancellor was to defend him-
'• or taken the. least pains to ascertain the fact—(Cheers from I self and not to attack the Hon. and Learned Gentleman. lin-
g the opposition)—this would not have occurred."—lf the thunded charge; against his Lordship, attributed to the Hon.
m Wiea now before the House were rejected, he really must Alemberehaec been disseminated all over the country; charges
say, that nothing short of insanity could induce any complaint of malversation in office, of violation of'law, and of time most
or Breach of Privelege.—(Hear, hear, hear ! from the 3lini. unworthy conduct, in causing obloquy to attach to the Judge
sternal side.)—lf Honourable Gentlemen thought otherwise, of another Court. This charge had been extensively circulated
they would probably be good enough to state in what a breich for several days, and had the Hon. and Learned Gentleman
or privilege consisted. f )t) a fernier occasion they had sent a ever denied that he was the author of it ?—(Hear, bear !)—Had
printer to Newgate for (he believed) about six months; and in: :he come down to the House anti said, "a charge against the :
Mr. Gale Jones's case (which he always thought a hard one) Lord Chancellor has been attributed to me in a public Journal,
they had punished him for publishing the placard of a debate and .I think it proper to deny that I ever made such a charge."
at a spouting club. • The Bill of Rights, which declared that —(Cheers from the Ministerial Benches.)—When his Lordship
nothing stated in Parliament should be called in question out made the observations he held the paper in his hand, and must
sse it, had often been refereed to in support of the privileges therefore have alluded to it ; and all who heard him must have