The Sun.
London, England, 1840-01-23 00:00:00

that was the last motion he intended to make on the pre.
sent subject, he would just state that it was his intention,
on a future day, to propose the appointment a Commmittee
on Privileges, to pursue the inquiry in which they had
been engaged last Session. In conclusion, the Noble
Lord said that the House, he was sure, must feel much in-
debted to the Right Hon. Baronet opposite, for his can did
conduct on the present occasion. (Cheers from
the Ministerial side.) He congratulated the House
that it had not been a party- question, for, had it been, un-
doubtedly their privileges would have been in the greatest
danger, and he was confident the House would never forget
the conduct of the Right Hon. Baronet the Member for
Tam worth.

Lord HO WICK could not allow the motion to pass
without expressing his deep and heartfelt regret at hearing
such a notion made. By an overwhelming sense of duty
they had been compelled to commit the Sheriffs—( Hear,
hear)—and ho (Lord Howick) urged, that the conduct of
the attorney, at the commencement, was wrong from the
beginning, and that he had not the least cause for con-
ducting the action; for Mr. Howard must have been
aware of the privileges of the House when he undertook
to conduct Stockdale's cause. Mr. Howard had not ac-
knowledged that he was wrong, or that the House was
right.—( Hear.) Even if he had, it would have been pro.
per to reprimand him.—(Hear.) Under the present
circumstances, however, he (Lord Howick) thought that
this person should be committed, and left to his petition.
He thought this the first re-commencement of that fatal
course of retrograding wis ch had before been so pernicious
in its effects, and at least he wished to clear himself from
this timid hesitating policy.—( Hear, hear.)
Mr. WARBURTON cordially concurred in what had
just fallen from the Noble Lord, and wished that he had
concluded with a motion that this person should at all
events be recalled and reprimanded by -the Speaker, and
then on his submission he might be discharged.
Mr. HUME said that having concurred in the commit-
tal of the Sheriffs, he should feel that the House deserted
their duty should they not commit the attorney, who was
really more guilty than the Sheriffs.—( Hear. )
Mr. EW ART conceived the apology to have been
merely hypothetical; and that something more satisfactory
should have been required.—(Hear.)
Mr. O'BRIEN wished to know if the attorney had in-
tended to make an unqualified submission? Could he not
be recalled and asked that 7—( Hear, and " No, no.")
Mr. O'Connell, Mr. Gisborne, Mr. Duncombe, and
Mr. Wakley here rose altogether amid some laughter; the
three first Hon. Members gave way to
Mr. WAKLEY, who trusted the proposition of the
Noble Lord (John Russell) would be acceded to. They
could not proceed one step without satisfying the public
mind that they went no further in punishment than was
absolutely necessary to preserve their privileges, and the
committal of the Sheriffs was sufficient for that object.—
( Hear, hear.') He believed that the more the public
reflected on the question, the more they would
feel the necessity for the national welfare of the
souse possessing this privilege.—(Bear, hear.) lie
could not forbear expressing his concurrence in the com-
pliments that had been paid to the Right Hon. Baronet
(Sir R. Peel), who, by the course he had pursued upon this
occasion had conferred a lasting benefit upon the country.
Sir R. PEEL said he wished to state his opinion on
the case of Howard, which was that he was the party
mainly responsible to the House—( Hear, hear)—because
the plaintiff was presumed an unprofessional and ignorant
man, labouring under a sense of injury, and thirsting to re-
sort to the law for redress, but a professional man was
acquainted with the nature of the jurisdiction and right the
House possessed to judge on its own privileges. It was
the duty of the attorney to warn an unprofessional man
who begged his services of the position in which he would
be placed, and tell him he would incur the displeasure of
the House of Commons, and to discountenance the action,
and if he abstained from doing that, he incurred a greater
responsibility on account of his superior acquirements,
and the absence in his case of personal prejudice. It ap-
peared to him their proceedings would have been incom-
plete if they had not summoned the attorney to their
bar, and that they had made a mistake in not dealing
with him immediately after Stockdale. He did not hesi-
tate to say it had been his intention to commit him unless
he made a satisfactory explanation ; he confessed he thought
his evidence equvocal, but at the same time he felt bound
to say he was fully prepared to go to all just extremity, but
not beyond the necessity of the case. As he had expressed
his sorrow at having incurred the displeasure of the
House, and they had already committed three persons,
lie thought his committal would be rather a severe exer-
' cise of power.—( Hear, hear.) But he would not imme-
diately discharge him, but, tempering justice with
mercy, have directed the Speaker to inform him that he
had committed a breach of the privileges of that House,
and at the same time state, that as he appeared desirous to
the submission required, the House would not pro-
ceed to extremities. They would thus leave it upon re-
cord that the attorney was the responsible party, and that
they abstained from extremities on the express ground of
his submission.—( Cheers. )
Mr. O'CONNE LL hoped the House would not shrink
from asserting its privileges unequivocally, and he thought
It would become the Noble Lord (J. Russell) to accept
the good advice of the Right Hon. Baronet upon this
question.—( Hear, and a laugh.)
Sir R. INGLIS said no Hon. Member had proposed to
commit the attorney, though they had expressed their opi-
nion that he ought to be committed. He rejoiced that for
once he could agree with his Noble Friend (Lord J. Rus-
sell), and he trusted he would not be induced to deviate
from the course he had proposed. and on the faith of
which many Members had left the House.—( Hear.)
The ATTORNEY-GENERAL said, with the con-
currence of the House, he rose to move—( Loud cries of
" No, no.") He thought the Honourable the Re-
corder of London might have exercised a little more
patience before he had interrupted him. He rose to make
a motion ; according to what had fallen from the Right
lion. Gentleman, he did not retract any thing he had
offered : he believed the attorney was the responsible per-
son, and that according to the precedent, principles, and
practice of the Courts, it was necessary to hold him, and
if he had not expressed sorrow for the part he had taken,
he should have felt no hesitation in moving his commitment.
Mr. Howard had expressed his sorrow and regret if he had
offended the House ; and he (the Attorney-General)
thought it now became them to temper justice with mercy.
He thought they might do so, and still maintain the
ground which they had assumed, and set an example which
might be acted on in future times. He thought they might
preserve their privileges unimpaired, though Mr. Howard
were not committed. He felt it advisable, however, to
have some record of their opinion on the subject, and he
, would now move an amendment to the motion of his Noble

Friend—( Loud laughter from the Opposition benches)—
an amendment which he was sure would be approved of by
the majority of the Members present, although it might be
disagreeable to those who bad done all that they could to
lower the dignity of the House.—( Cries of " Order.")
Lord MA HON appealed to the Chair whether it was in
order to impute to any Hon. Members an attempt to lower
the dignity of the House.
The SPE AK ER said that the Hon. and Learned Mem-
ber was certainly out of order in attributing what he had
done to any Members of the House.
The ATTORNEY-GENERAL bowed to the deci-
sion of the Chair, He was certainly led into an irregu-
larity by his eagerness on the subject. He now wished to
move, by way of amendment to the motion of his Noble
Friend the Secretary for the Colonies, that Thomas Bur-
ton Howard, having been guilty of a breach of the privi-
leges of the House, and having expressed his regret that
he had incurred the displeasure of the House, be now
called to the bar and reprimanded by the Speaker.
Mr. D. MACLE AN could not approve of the course
which the Noble Lord and the Attorney-General were
pursuing on the occasion. He begged leave to ask whether
they were prepared to liberate the Sheriffs on the same
grounds on which it was prepared to liberate Mr. Howard ?
Mr. F. KELLY said he could not but think that the
House would agree with him in believing that the sooner the
case was brought to a conclusion the better for the dignity,
and the character of the House.—( Hear, hear.) He rose
almost entirely for the purpose of saying that he would
cordially support the motion of the Noble Lord, and that
he would oppose the amendment of his Hon. and Learned
Friend the Attorney-General. He could not but hope
that, as the Noble Lord had taken on himself the re-
sponsibility of the office of public prosecutor on the oc-
vision— (Cries of " No, no")—lie hoped that the Noble

Lord would now take on himself the merit of the only act
of what the Noble Lord might call lenity, but which he
(Mr. Keily) would call justice, which had proceeded from
the other side of the House. He should also say that he
feared, from a statement in the speech of the Attorney-
General, that he (Mr. Kelly) differed with the Court of
Queen's Bench as to the legality of their judgment.
His Hon. and Learned Friend must have misunderstood
him, and ho would take the opportunity of saying—what-
ever might be the charges it should draw down on him,
that he held the judgment of the Court of Queen's Bench
to be sound, legal, and constitutional, and he trusted that
it would remain a monument of the justice,:learning, and
integrity of the Judges as lasting as the law itself. The lion.
and Learned Gentleman concluded by saying that it was
very unjust to overlook the Counsel in this business and
punish the attorney ; he could only account for it by a
want of courage on the part of the Government.
Sir E. SUGDEN—The Counsel were the persons
who alone carried on the business in the Court, and con-
sequently were the persons more deserving of punishment
than the attorney in this cause.
Mr. PRYME said a few words in answer to the Hon.
Member for Ripen.

Mr. JOHN JONES said there were persons in that
Ilouse who preached about liberty outside of these doors
whom he considered were more fit to be consigned to the
dungeons than the unfortunate individuals who had been sent
there. He would wish to ask the Noble Lord whether it
was his intention to pursue the same course towards
Messrs. Black, Carrington, and Kennedy, who acted as
Counsel in the proceedings.
Lord J. RUSSELL said he had no objection to an-
swer the question, although not the most courteously put.
Ile would not reply in the same style as the Hon. and
Learned Member who had just sat down, but the wish of
that House was simply to maintain the privileges of that
House. It appeared, however, that those gentlemen who
were opposed to his views, thought their opinions could be
best maintained by carrying further and further commit-
ment of parties. By those who wish to abandon
their privileges, he thought they must have had
some advantage to expect "from some excitement
of popular feeling.—( Hear.) For that reason ho should
decline to take the course they would recommend, by cal-
ling the counsel to the bar for the purpose of committing
them. Their only object was to maintain their privileges,
which they thought was fully vindicated by the commit-
ments which had taken place. These were sufficient for
their views, and proved the determination on their part
never to abandon the assertion of possessing tile right of
deciding upon their own privileges. He should much ra-
ther withdraw the motion he had made,
if he might be al-
lowed to do so unanimously—(No, no I
much pre-
ferred the amendment of his Learned Friend.
Mr. JONE S explained.

Sir T. D. ACK L AND would be well pleased to agree
if possible with the suggestion of his Noble Friend. He
trusted the House would take some measures for ending