The Sun.
London, England, 1840-02-07 00:00:00

perhaps think there:were circumstances in their case which
should mitigate their punishment. But the House were
now considering what should be done with Mr. Howard.
And when it was recollected that, after the admonition
of the Speaker, which had just been read, and which
had been ordered, nemine contradicente, to be entered
on the journals, and after the professed regret of Mr.
Howard for having incurred the displeasure of that
House, Mr. Howard had instantly commenced aaother
action. He trusted the House would not hesitate to
commit him at once to Newgate. That seemed to him
the only course open to them for the maintenance of
their privileges.—( Hear, hear.)
Mr. SHAW said ho thought the course recom-
mended by the Attorney-General was very severe, and
he agreed with his Hon. Friend the matter had better
stand over until to-morrow night, which be thought would
be the more consistent course. He certainly thought
the House possessed the power of publishing its pro-
ceedings 4 but he could not concur with the resolution
which decreed that every other Court which pre-
sumed to decide on such questions was guilty
of a breach of privilege. He thought the
House was right in its original course of giving in-
struction to its servant to plead to the ac-
tion, and he thought the farther they de-
parted from that course the greater would be the
difficulties in which they would be involved. He would
go as far as any one in maintaining the just privi-
leges of the House, but he believed these would be
be best maintained by not holding them beyond their
just limits. He thought the proper course would have been
to have brought a writ of error, and then if they failed,
which he was disposed to think they would not, they
could adopt the motion of his Hon. Friend respecting
legislation, which would not fail of its proper effect.
He hoped they would not set an example to the people
of the country of resistance to the law, when it was well
known that they had always maintained that their pri-
vileges were part and parcel of the law. He thought
thought their dignity would not be compromised by such
a course, while it would lay the best possible ground
for future legislation. He was one of those who
thought that it was essential to their privileges
that they should have the right of publication,
but he hoped the Noble Lord would allow a day
to pass before he came to any decision on the
subject. The adjourned debate would be resumed on
Friday night, and the House would then have an op-
portunity of reviewing the whole question.
Mr. WARBURTON said the question was not
now what punishment should be inflicted on Mr.
Howard, but, whether or not, he had been guilty of a
contempt of their privileges.—(Hear, hear.) Of
that they were the sole judges—there was no
dispute about that. He found by a reference to
the proceedings of the Court of Supreme Judicature
in the United States that the same doctrine was held
with regard to the right of the American Congress
to judge exclusively of its own privileges, and he
would refer the House to the opinion of the American
Attorney• General on that point. The Hon. Member
here read an extract from the speech of the Attorney-
General. to the effect that the Congress were the ex-
clusive judges of their privileges, and had the right to
commit for contempt.
Mr. GOUL BURN would not take the authority of
the Hon, Member for Bridport, as to what should be
the course pursued by a British House of Commons
on a question of privilege,—( Hear, hear.) He thought,
however, the resolution of the Noble Lord ought to be
carried, and he could not agree with the doctrine that,
because the House might hereafter come to a different
conclusion, foey should not now maintain their privi-
leges. He should certainly vote for the resolution.
Strangers were then ordered to withdraw, and the
House divided, when there appeared ;
For the resolution
For the amendment 45
Majority -102

Lord J. RUSSELL then moved that Mr. Howard
he committed to her Majesty's gaol of Newgate, and
that Mr. Speaker do issue his warrant accordingly.—
( Hear, hear.)

Mr. JONES said he trusted that the Sheriffs wouid
do their duty, and let Mr. Howard out.—( Hear,
hear, from the Opposition, and laughter from the Minis-
terial benches.)
Mr. D'ISRAELI could not understand why there
,hould be any distinction made between Stockdale's
eatment and Mr. Howard's.

Lord J. RUSSELL said he had before stated that
the reason why he had proposed that Stockdale be sent
to the custody of the Sergeant-at-Arras was that, antici-
'wing the writ of Habeas Gorpus, he wished, while
that was pending, to hay? Stockdale in the powkr
of the House. That question having been decided in
conformity with the privileges of the House, he saw no
reason for taking the same course now. And to show
that he did not wish any distinction to be made he-
, tween Stockdale and Mr. Howard, he should have no
chjection to move that Stockdale be committed to New-
,,4ate.—(Hear, hear, and laughter from the Ministe.
rialists.)

Sir E. SUGDEN said be now perceived the motive
of the Noble Lord in keeping Mr. Stockdale in the
power of the House—that he might make up his mind
,3 to whether he should obey or disobey the
writ of habeas corpus.—(Hear, bear, hear, from
the Ministerial benches.) He regretted that the
subject should be treated with so much beat
and party spirit by gentlemen opposite.—(Oh, oh.)
The motion of the Noble Lord to commit Mr. Howard
to Newgate bad been received with loud cheering,
this he did not think showed a proper feeling on the
)iirt of that House. He thought if Mr. Howard was
to be punished it ought to be done with mildness. For
his own part he considered he was acting judicially in
the present case, and no party feeling, he could assure
the House, would induce him to swerve from what he
considered to be his duty. He was most anxious that
this subject should be discussed with calmness, and he
thought, therefore, that the better course would be to
reconsider this subject to-morrow. He should, there-
fore, give his decided negative to the motion of the
Noble Lord.

The SPEAKER—Does the Right Hon. Gentleman
intend to divide ?

Sir E. SUGDEN_Certainly.
The House then divided, when there appeared—
For the Motion, ••• 149
Against it

MajorityNg
ew forat
e70:1 the Committal of Howard
to
STAGE CARRIAGES (IRELAND.)
Mr. E. TENN ENT moved for leave b• to ring in a
Bill to regulate stage coaches in Ireland.
Lord MORPETH assented to the motion, stating
that the Government had no measure to propose on the
subject, which was very complicated.
Mr. HUME thought the Bill should be handed over
to the Government.
Sir R. PEEL was inclined to congratulate his Hon.
Friend (Mr. E. Te t) nnen on this being the third Bill
in which he had anticipated the " intentions" of Go-
vernment.—( Laughter.)
Leave given to bring in the Bill.
THANKS TO THE GOVERNOR-GENERAL
OF INDIA.
Sir J. C. HOBHOUSE said, in rising to propose a
vote of thanks to the Governor-General of India, and
to the army, for the late military operations in the West
of that country, he followed a course which had been
uniformly pursued, a:most since the commencement of
the British empire from the time when grati-
tude was reluctantly wrung from persons who
doubted of his policy for the exploits of the
founder of that empire, Lord Clive. Thanks were
voted to Lord Cornwallis in 179 ; to Lord Wellesley
in 1799 ; to Lord Wellesley again in 1804 ; to Lord
`Tinto in 181'2 ; to Lord Hastings in 1817 and 1819,
as Governors-General of India, for their military ar-
rangements, their policy having been studiously kept
out of view by those who bad filled the situation which
he had now the honour to fill—in proposing the votes
of thanks ; by Lord Castlereagh, in proposing those
thanks to Lord Wellesley ; and by Mr. Canning, in
proposing those to Lord Hastings. He should adhere
closely to those examples, confining himself strictly to
the Governor-General's military arrangements, thinking
that course not only expedient but just.—
(Hear, hear, hear.) Immediately after the taking
of Ghuznee, her Majesty had declared her warm
approbation of the conduct of the army in India, and
the Court of Directors, and the Court of Proprietors,
had also signified their approbation of the military
operations. The Right Hon. Gentleman proceeded to
say that Lord Auckland, in September 1838, issued a
proclamation for the assembling of an army to the west
of the Indus ; and in October he issued another pro-
clamation, which had been printed with the Parlia-
mentary Papers. The Bengal columns moved towards
the west, the Bombay division also moving in the same
direction. The monarch intended to be restored to
his throne had preceded the march of the British troops.
Owing to the unexpected hostility of the Emirs of the
Sinde, Sir Willoughby Cotton was prevented from go-
ing to the rendezvous as quickly as he intended. But
the concentration of the forces was effected on the 13th
of February. The passage of the Indus by a British
army was an achievement well worthy of remembrance.
Thanks had been given to the General and the army for
I the operation by the Commander-in-Chief, Sir Henry
Fane; and thewarmest eulogiums had been passed noon the
troops. The Indus, at the point passed, was 700 or
800 yards wide —a branch of it alone was 450 yards in
breadth. Over the river a bridge had been thrown,
upon which 8,000 troops, with 16,000 camels—the
House might be surprised at the addition, but such was
the fact—had crossed without a single casualty.—
(Cheers from all sides of the House—especially from
Sir H. Hardinge.) The bridge had been constructed
by Lieutenants Thomson and Sanders, and no such
structure, experienced officers had stated, had ever 'seen
seen beforo, even in the Peninsula war ; and the spec-
tacle had been described as most splendid and pic-
turesque—brigade after brigade marching over to the
sound of martial mr,sic, their arms glittering in the sun,
and banners waving—the natives being exceedingly
struck with the sight, aiid thereby strongly impressed
with confidence in the British arms.—( hear.) Owing