The Sun.
London, England, 1840-03-06 00:00:00

EV ENING EDITION.

of the Noble Lot d.--(Hear, hear.) He admitted that the
question was one upon which much might be
.said and
meny reasons advanced on either the one side cr the
other. He admitted also the necessity of coming to a de-
eisien on the subject free from all passion and prejudice,
while IT would add that the question was one of all
°tiers, upon which it was most d.fficult to come to an un-
prejudiced and impartial conclusion. The Bill of the
Noble Lord was opposed by the most opposite parties, and
for the most opposed reasons. It was opposed by those
who desired to abolish their privileges—it was opposed by
those who desired to confirm their privileges; and the argu-
ments of the Hon. and Learned Gentlemen opposite
against the Bill, were of a nature totally different trail
these of some other Hon. Gentlemen. It was difficult
from this circumstance to address his arguments, so as to
suit the opposite views of the different Hoe. Gentlemen
who opposed this Bill. He would confess he felt as
strongly as the Hon. and Learned Gentlemen himself, the
importance of upholding the privileges of that House in
their full extent and latitude, and subject only to such re-
straints as the: House itself might think proper to impose
With regard to the privilege of publication, he was pre-
Tiered to co to the fullest extent, and to contend that it
was the right and duty of that House to communicate that
information to the public at large which it had made tk-c
subject of its investigation or the foundation of its legisla-
tion.—( Cheers.) No man would contend more strongly
than he would for the privilege of publication Ley that
House, and if he thought that the adoption of the measure
proposed by the Noble Lord would tend in the least to
destroy that privilege, he should most decidedly object to it.
He could not concur with the Right Hon. and Learned
Member for Ripon in the view which be had taken of this
subject. He could not concur with him in opinion that
it was an unfortunate case, this case of Stockdale, cm
which to bring the point to an issue. He rejoiced that
the question had been brought to issue on this cam, because
it showed the danger in which their privileges were placed.
The argument in their favour was irresistible on the merits of
case.—( Cheers.) They had been proceeded against by a
man of notoriously infamous character for the publication
of a document which bad been ordered to be laid beftwe
both Houses of Parliament—the Report of the Inspectors
of Prisons, and that, moreover, was not the first Report.
In the first Report it had been stated that such and such
abuses existed in the management of a certain prison, end
that the most important prison in the kingdom—the prison
of Newgate. The charge was denied. Now, was it not
a subject entitled to examination, the conduct of this pri-
son ? Was it not right to ascertain whether the conduct of
it was such, as to entitle it to an exemption from legislation?
—(Cheers.) A public body came forward and presented
a paper to that House denying the charge, and calling for
the proofs of the truth of it. That paper was rd-
ferred to the Conimissieners, who, in support of their
allegation, when challenged to the proof, stated that they
had found, in the hands of a prisoner in that prison,
a certain obscene publication published by a well known
publisher of such publications, named Stockdale, and this
was a ground. and a proper ground, of inquiry on which to
found future legislation. It was in a case-so strong that
the Court of Queen's Bench said they would not admit the
authority of that House to exercise the privilege of publi.
cation, but would inquire in every case into any matter
ordered to be published by that House as they would in the
case of a common individual. If the exercise of the pri-
vileges of the House of Commons were to be subjected at
the will of the Queen's Bench to this interruption there
would be an end at once to their independence and effi-
ciency.—(Cheers.) The Parliament was bound, for the
instruction of the people, to lay before them the grounds of
their legislation, and as regarded the privilege of publics-
tion, he would not abstain one jot from the right of the
House to carry this privilege to its utmost possible
extent. Parliament was called on in the exercise of their
functions to be wholesale libellers, and it was necessary
they should be so if they efficiently discharged the duty
entrusted to them. They must disregird the infliction of
pain on individuals if they were influenced in the publica-
tion of information, net by malicious motives, but by a
desire of forwarding the public good. The most important
Acts of Parliament had been founded on the publication of
a series of libels. He would not submit the privileges of
that House to the jurisdiction of the highest Court in the
world—he had the highest respect for the present Judges,
but was he therefore called upon to submit a question as to
the privileges of that House to the political views which
any Chief Justice might happen to entertain on the sub-
ject.—(Cheers ) Neither could he agree with the Right
Hon. and Learned Member for Ripon that no course
had been adopted by the House to check un-
due publication. The Right Honourable Gentleman
had given notice of his intention to move for a Committee
to inquire into the restraints necessary to be imposed on
publication ; he had somewhat altered it from his first no-
tice on the subject, which was to rescind resolutions relat-
ing to the publications by order of the House.—( Cheers.)
He was not going to contend that the indiscriminate sale
of all publications had not tended to produce an effect
on the public mind in regard to this question, but carthe
other hand, the Right Hon and Learned Gentleman must
admit that as regarded the right claimed by the
Court, of interposition; it was not affected by the
resolution of 1834, inasmuch as, if he had obtained half a
dozen copies of the Report from the Speaker, and distri-
buted them among his friends, that would have amounted
to a publication.— ( Cheers.) Now with regard to this in-
quiry, the Right lion. Gentleman had only a few days
ago withdrawn from a Committee, where one of the iub-
jects of most anxious inquiry was as to the restrictions to
which the right of publication had been heretofore sub-
mitted, and as to those which it would be prudent to imn.
pose upon it for the future ; and if he had attended that
Committee, he would have found that that Committee was
most desirous of laying before the House a full report on
this subject. The Right Hon. and Learned Gentleman
did not object to this Bill, provided previously they would
impose a restriction on the sale of their publications. Why,
that was begging the whole question. He did not *lnsist
that a legislative enactment should be introduced into the
Bill to that effect, but that the House should come to a
resolution on the subject. Why, what one House of Com-
mons might do another might rescind, and the next Par-
liament might revive the resolution of 1834, and
thus re-introduce the practice of publication and sale.
If the Right Hose Gentleman or any man would show him
how, without unduly interfering with this publicity, they
could guard against unduly wounding the feelings of indi-
viduals further than was necessary for the public serviot, no,
man would support such a proposition more cordially than
himself. No man felt more sensioly than he did the pain
of inflicting this injury, but at the sates time he felt post
forcibly the injury done to individuals was not to be cum-
pared to the general advantage secured by the maintenance
of this privilege.—( Cheers.) But now he turned to the
Lion. and Learned Gentleman, with whom he was reside
to support this privilege to the fullest extent, and who told
them not to pass this Bill, first, because it would not pro-
duce the advantage proposed, and next, because it would
he followed by ulterior and injurious consequences. That
the judgment of the Court of Queen's Bench was wrong
he hesitated to pass an opinion, but he conceived if that
judgment was right it was one most fatal to the Parliaxnen-
tary privilege—aye, to the existence of that House as a re-
presentative and legislative body, and ho was fortified
by the authority of the Solicitor-General, and high
legal authorities on both sides of the House, in being
tempted to believe that it was as wrong in law as it was
unsound in constitutional doctrine. But, said the lion.
Gentleman, " take care you don't confirm the judg-
ment ;" but he failed to show how the Noble Lord's Bill •
confirmed it. The Bill, if he rightly recollected, said,
in the preamble, that it was of the first importance this
privilege of publication should be maintained, but that the
existing law of Parliament was insufficient to maintain it;
did it therefore confirm the doctrine that they had it
not? No; but affirmed they had sufficient power to main-
tain it. He had followed the course of these proceedings 1
with great anxiety—be had voted with great reluctance
on many points in them, and for nothing wise
ereater reluctance than for committing to the custody
of the Sergeant-at-Arms two gentlemen on whose moral
conduct there was not the least imputation. Andon what
ground did he so vote ? Because it was necessary in sup-
port of their authority to give that practical proof that it
was co-equal and co-ordinate with the Courts of Law,
which would have taken the same course if their authority
had been disobeyed ? And this authority mould cease to
be coequal if, when threats were held out for disobedience
by the one, then it was strictly enforced, while the other
was led by any consideration to depart from the exercise of
its authority. But this conflict placed those innocent-per-
sons in great difficulty, and was justly a ground for the
interposition of the Legislature to prevent is, future such
an occurrence. But the Honourable and Learned '
Gentleman said, " Don't abandon your privileges."—
( Hear, hear.) lie did not mean to abandon one
but what were they—their privileges ware great, and their
power was great, but what means had they of enforcing
them ? Commitment, it was said. lie said so tee) so
long as the Session lasted, but when it ceased they had no
effectual power of protecting those who obeyed their or-
ders, but so long as they sat they could commit those who
committed such persons; and their they were led, as the
Hon. and Learned Gentleman said, to that point at which
law ceased, end power began; and it was because he knew
that point was at no remote distance, he cordially agreed
with the Noble Lord—nay, had watched with anxiety for
an opportunity for the House to attempt to legislate upon ;
the subject. He did net propose to sacrifice one privilege, I
nor to affirm the judgment of the Court of Queen's Bench,
nor Set to express the slightest dissent to it. But in what
manner coald they defend their privileges, and pre-
vent perpetual actions being brought during the recess
of Parliament, and damages being recovered and received ?
By interposing their authority when Parliament met and
committieg every person who had taken part in the pro-
ceedings, and so come into collision with the Judges, and
suffering the officer of the House to be plundered in the
whole amount of damages against him. This was their
present power of defending their privileges. Now, the
Noble Lord's Bill maintained the privileges of the Hoare,
and to remove that which bad been felt a great objection
by the Courts of Law, stated that the exercise of
this privilege no being secured by law, it was
necessary to pass a law confirming it. —( Wear.)
The introduction of the Bill would not impair their privi.
fees,but would confirm them, and would enable them to
suPpor ttbem, whilst it would give the people of England
a security that their rights were recognised by the laws,
and would give them an argument against which the
Judges could not stand a moment. Here were their pri.
vilegcs recognised by law, confirmed by law, and laid down
by the law, which all were bound to obey. They would
thus remove the' most formidable argument and objection
against the state in which their privileges now stood both
before tast Judges and the country. Hs felt that he ought
to apologise to the House—(Cheers)—for haviwg so long
detained the House with his views on the subject.— i
( Hear, hear.) lie had, however, looked to the question
with intense interest from the commencement, and he
looked at it with no less intense an interest at its close.
He hoped they were at the close of a question
which if it continued to be kept open would
involve the House in great difficulties; and in
endless discussions, and which would terminate, if they
were to follow the course recommended by the Hon. and.
Learned Member the Solicitor-General, in an actuat:on-
filet with those authorities to whom it should be their de-
iatre that every respect should be paid. elde.saw thatedal-•
1 ger, and he did not see bow their privileges could be an