The Sun.
London, England, 1840-01-20 00:00:00

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LONDON :
MONDAY, JANUARY 20, 1840.

The House of Commons met on Saturday, and
examined, in the Privileges case, the Bailiff to the
Sheriffs, the Sheriffs, and Under-Sheriff, all of
whom gave frank and candid answers, and expressed
regret, should they have done any thing to offend
the House, but all declared that they had done
only their customary daty, and had postponed to
the latest day possible acting in the matter. The
Sheriffs and Under-Sheriff are to attend again this
day, and Lord JoHN RUSSELL is to state what
course he means to pursue.

On Wednesday Lord JoHN RUSSELL is to
mention the intention of Ministers as to the provi-
ion for Prince ALBERT.
Some conversation ensued about the covers for
letters which have been issued to Members of Parlia-
ment for their convenience, provided the letters be
posted at the House of Commons, on which Hon.
Gentlemen professed great alarm, lest the penny
franks should be forged. A low estimate of human
nature—an estimate full of suspicions—is sure to
breed the vice it suspects ; and we therefore would
recommend Members of the Legislature to judge
more favourably of mankind. The House sat till
nearly half-past four o'clock.

In writing about the privileges of the House of
Commons, which so much interest our representa-
tives, though they appear to have little charm for
the people, we wish carefully to distinguish be-

tween the particular case and the general privileges
claimed by the House. In the mode of proceeding
as to the former, we think the House wrong ; the
latter should, we think, be possessed.
The immediate question before the House con-
cerns the violation of its privileges by Mr. STOCK-
DALE. Now those privileges are so ill-defined,
that of about ten lawyers who have spoken on the
question, half have taken different sides. So un-
certain was the House itself, that it did not know
how to act, and appeared to defend one action,
while.in another it allowed judgment to go by default.
To settle its privileges—and Mr. STOCKDALE
might suppose to create new ones, till the question
was brought before the Courts—the House passed
additional resolutions in 1837 and 1839. The
Judges, without one dissentient voice, decided, in
the case of the defended action, against the House ;
and Mr. STOCKDALE had the law with him.
We do not say he was right in braving the
House, but we assert that in a case
admitting of so much doubt, on which a large
minority of the House, half the lawyers in it, and
all the Judges, were against the majority of the
House, a man is not to be severely blamed, and
severely punished for entertaining the same opinion
as the Judges, and acting on it. Yet, because
Mr. STOCKDALE has formed an erroneous opinion
on this very doubtful question, the House pur-
sues him individually, we must say, with much
vindictiveness, and without the smallest chance of
thereby settling or confirming the important pri-
vilege it claims. It ought, therefore, in our humble
judgment, to persecute Mr. STOCKDALE no fur-
ther. It may be contented with having made him
feel its power ; let it now dismiss him,
and let it set about securing, in a wise and
rational manner, the privilege in future.
How much of the vindictiveness we have mentioned
proceeds from a consciousness that it has committed
errors in the conduct of this business, we cannot
undertake to say ; but if it would have the public
judge that it has acted from patriotic motives, and
not under the influence of the petty malice of disap-
pointed professional men, it must give up the per-
secution of Mr. STOCKDALE, and vindicate its
privilege in a more honourable and noble manner.

We will explain how. The privilege claimed by
the House, and we say justly claimed—a privilege
without which it would be inefficient, and incapable
of performing its duty, but a privilege which has
not yet been properly secured to it—is the privilege
of printing and publishing whatever it may think
necessary to print and publish for the use of the
people and the benefit of the nation, let uho
will thereby be injured. It of course has that
privilege now—so have the newspapers. They, and
it, can print and publish what they like, but both
are responsible to the law; and Mr. STOCKDA LE'S
Action has demonstrated that the servants of the
House Commons can be amerced fora libe
as well
the proprietor of a newspaper. While
the Legislature will by no means release the news-
paper proprietor from his responsibility, though
he has a duty to perform to the public as
well as the Legislature, the House of