The Sun.
London, England, 1840-02-08 00:00:00

vent the payment of the damages. He thought that they had.
If they could do so without bringing the House into conflict with
the Coot tof Queen's Bench—if they could do so without resorting
to that extreme expedient of bringing the military into action
to resist the posse commitatus—it certainly would be the most
desirable course.—( Hear. ) It had been suggested that the
difficulty could be met by repeated adjournments, but he be-
lieved that they had come to that state in which a united Go-
vernment should submit to the House some comprehensive
course by which its privileges might be preserved.—( Cheers. )
He would repeat, for the advantage of the Hon. Member for
Finsbury, that if the House of Commons was not able to exer-
cise its privilege in this particular case, he would not
re-e-'n a Member of that House. He did not see
any objection to a declaratory B 11. He admitted that
even a purely Declaratory Bill might appear to throw some
doubt upon their privileges; but if the House hesitated to pass
such a Bill, and those actions were to go on, an impression
would be made upon the public mind, that the House of Com-
mons was doubtful of its own privileges. He saw no difficulty,
for the idea might be taken up by other Juries that they
were to go on increasing the damages. and the next ver-
dict might be, not for six hundred, but for six thousand pounds.
There was a very difficult question to determine, which he, as
a professional man, could not undertake to decide on—it was,
whether they had any effectual means of preventing the pay-
ment of the money to Stockdale.—( Hear, hear.) However
strongly he contended for the privileges of the House, there
were important reasons why they should proceed at once with-
out any further delay, and they should consider what was to be
done with respect to the, new actions which they might be as-
sured would be instituted during the prorogation of Parliament.
There would then be no appeal front the decision of the Jury,
and the Court of Queen's Bench,the last resort would order
the payment of any damages, however large, which that Jury
might award. Were they to plead in such a case ? He, for
one, should say no. The Noble Lord opposite had suggested
the course of pleading and of committing at the same time the
plaintiff and the attorney in the action. There might be some
more subtle reason which he could not comprehend for such a
course ; but it appeared t o him that the fact of pleading, and
afterwards committing the attorney and the plaintiff, would be
a most extraordinary proceeding. If Mr. Hansard were to
plead in the case, let hint plead distinctly on its merits, and let
hint not do so with their connivance.—( Hear, hear, hear.)
He should come then to one or other of two conclusions, either
to persevere in their present course, or by a Declaratory Bill
to maintain and render still more efficient the power which
they possessed. He hoped that the Noble Lord, who had op-
portunities of putting himself in communication with the Lord
Chancellor and other high authorities, would maturely consider
the question. He should be sorry, for his part, to offer the
Noble Lord any impediment on the occasion, because he de-
clared he was sincerely desirous of discharging, as he should
think best, his duty to the House and the country. That
Noble Lord had recourse to much higher authorities than
he (Sir Robert Peel) could command, and if he were
to tell him that there was a hope of passing with the
concurrence of the House of Lords, a Bill which would
make their power unquestionable, and which wculd render it
more complete, it would be in conformity with the course he
had uniformly recommended to accede to it. But if they were
to fail in that, and if they were not to gain possession of that
greater power, he saw no alternative which remained to them
but to persevere in the attempt which they had already math-,
for the maintenance of their privileges.—( Cheers.) He
would then trust to the influence of public opinion, and to
the good sense of the public, and the conviction that they
had no personal interest in the course they were pursuing—'
(Cheers)—in maintaining those privileges which the people of
England had confided to them, trusting that they .would receive
that support which, if the public felt interested in the cause of
good Government, and in the maintenance of free institutions,
woold be extended to them, and which, he thought, should
ultimately crown their efforts with success.—(Cheers.)
Mr. I)ARBY said a few words in favour of his motion,
which did not distinctly reach us. He thought the Noble
Lord the Member for Stroud had said much that was favour-
able to his resolution, and he trusted that he would have his
vote, anti that of his colleagues, on this occasion.
Strangers were then ordered to withdraw, and the House
divided, when there appeared—
For Mr. Darby's motion for the release of the
Sheriffs ...
Against it
Majority against the motion —7l
On our return to the gallery, we found t he Clerk at the table
reading the last petition that had been presented by Messrs.
Hansard, stating that they had had another action brought
against them. At the conclusion of the reading of the petition,
Lord JOHN RUSSELL said he proposed to take the same
course as was taken with respect to the action brought
on the lst of August 1839, and that was to declare
that the Minutes were published by order of the House, and
to direct Messrs. Hansard not to appear to plead to the action.
Sir E. SUG DEN said he had a notice on the paper which
stood first, to the effect that Messrs. Hansard be at liberty
to defend the action brought against them by Mr. Stockdale,
as they shall be advised, not involving the privileges of this
House. With the permission of the House he would move
that as an amendment to the motion of the Noble Lord.
There were but two courses, one was the course which tho
Noble Lord had suggested, and the other was that which he
(Sir E. Sugden) had proposed as an amendment. The course
proposed by the Noble Lord had failed, and large damages had
been paid over. He (Sir E. Sugden) begged to give fair notice
that he would on every occasion oppose any attempt to fix the
public with the costs of actions after this time. Allowing judg-
ment to 'im by default was an acknowledgement of the right of
action, and he should not be astonished if the nest Jury gave a
verdict to Mr. Stockdale for 10,000/.—( Hear, hear, and a

laugh.)
Sir V. FOLLETT would vote against the proposition of
the Noble Lord, and implored him to look at what would he the
practical effect of it if adopted. There would only be another
verdict, and another execution, and the damage would be
handed over to Mr. Stockdale. The advice he woul give, was
to direct Messrs. Hansard to plead that they made
the publication by order of the House of Commons,
as the Noble Lord said it was intended to intreduce a
Declaratory Act. He d'd not agree in the amendment of his
Right Hon. Friend the Member for Ripon, because he thought
that amounted to an evasion of the question, and an abandon-
ment of their privileges, and he should vote against that amend-
ment. He should also vote against the proposition of the No-
ble Lord, because he was against allowing judgment to go by
default.
The ATTORNEY-GENERAL thought the HP:use would
be laughed itt by the whole world if they instru:cted him to
appear and plead their privileges in the bar af.,er the decision
which the Court of Queen's Bench had pronounced. The only
course was to refuse to appear. He hoP'ad that some effectual
means would be found to put a stop t', these proceedings, and
that the constitutional privileges of the House would be
brought vigorously into action ; so that Mr. Stockdale might
be prevented from reaping any benefit from the course he was
pursuing. There was peril oa the one side, and destruction on
the other, and he thought it was better to encounter the peril
than to submit to the destruction of their rights and privileges.
The House then divided, and there appeared—.
For the Motion
For the Amendment
Majority for Lord J. Russell's Motion-- 90
Lord JOHN RUSSELL then moved that John Joseph
Stockdale, in commencing a fresh action against Messrs. Han-
sard for the publication of papers by order of the House, had
been guilty of a high contempt and breach of the privileges of
the House.

148
58

Mr. LAW would submit to the House that it was now called
upon to adjudicate upon a free t attempt of Stock&le to bring
an action, and that he be s,,nt to "New-gate without being heard.
He should therefore To.'",,ve as an amenament that Mr. Stock-
dale be called to th~ bar on Tuesday next.
Sir E. SUGS3EN wished to ask if it was competent to the
House to c,;fl-irnit this man without without calling him to the
Bar ;

:he SPEAKER said it w•as perfectly competent for the
House to do so, if thefivere convinced that Stockdale was the
plaintiff in this action.

Lord JOHN RUSSELL said they had had more evidence
in this case than in that of Sir John Hobhouse.

Strangers were then ordered to withdraw, and the House
divided—

.. 132

For the M0ti0n......
For the Amendment..
Majority.
EXCHEQUER BILLS.
The CHANCELLOR of the EXCHEQUER wished to
state, in reference to former questions (from Mr. Ilerries),
that the imagined overplus of four millions in the funding of
Exchequer bills by Lord Monteagle arose thus ;—The financial
year ended sth April; Exchequer bills were issued in March,
and June ' • in 1839, provision was made for the bills of June
1833 and March 1839, by the 24010,000/. ; but those issued
in June 18:39 remained. Hence the vote for 4,000,000/. had
been taken.

.• - 98

Mr. HUME wanted distinctly to know if 24,000,000/. had
been raised as the House intended, or 28,000,000/. by a double
vote.

The CHANCELLOR of the EXCHEQUER said the vote
had been exactly what the House intended. The irregularity
arose from the difficulty of the financial year's arrangements.
Sir G. CLERK said what was to be explained was how the
4,000,000/. of surplus Ways and Means of last year were to be
brought into the public account.
COPYRIGHT OF DESIGNS COMMITTEE.
On the motion of Mr. E. TENNENT, the following Kern-
bets were appointed to the Committee on the subject. Sir
R. Peel, Mr. Shiel, Mr. E. 'Ferment, Mr. Mackinnon, Mr.
Grimsditch, Mr. Bakes, Mr. Herries, Mr. M. Phillips, Mr.
Oswald, Mr. Stansfield, Mr. W. Williams, Mr. Hutton, Mr.
Godson, Mr. G. Wood, and Mr. Ewart.
The House adjourned at Two o'Clock.

COURT CIRCULAR.

- ---~•--

The Duchess of Cambridge presented Lady Augusta Somerset
to the Queen y esterday at Buckingham Palace, on being ap-
pointed Lady in Waiting on her Royal Highness.
Madame Dedel, the Lady of the Netherlands' Minister, had
an audience of her Majesty on Thursday at Buckingham
Palace.

The Princess Augusta visited her Majesty yesterday.
Viscount-Melbourne had an audience of the Queen.
Tie Royal Dinner party, at the Palace last evening, in-
cluded the Earl of Errol and Viscount Alelbourne.
Her Majesty the Queen Dowager took an airing yesterday
in a carriage.
The Princess Augusta visited the Duchess of Gloucester
yesterday at Gloucester House.

The Duke of Sussex visited the Duke and Duchess of Cam-
bridge yesterday, at Cambridge House.
The Duke of Cambridge visited the Princess Augusta yes-
terday, at Clarence House, St. James's.
Lord Lismore and Lord Hill had interviews with Viscount
Melbourne yesterday, in Downing-street.
The Military Secretary to the Commander of the Forces,
Lieutenant-Colonel Rushbrooke, M. P., and Mr. Barrow, had
interviews with the Marquis of Normanby yesterday, at the
Home Office.

The Judicial Committee of her Majesty's Most Honourable
Privy Council sat yesterday, hi the Council Chamber. The
Lords present were Mr. Baron Parke, Air. Justice Bosanquet,
Mr. Justice Erskine, and. Dr. Lushington. Sir E. East sat as
a Privy Councillor. nr. C. Creville, and the Hon. W. Ba-
thurst, the Clerks e the Privy Council were in waiting.
Mr. Wigram (Queen's Counsel), Air. Lloyd, and Mr.
.Moore for ti:e Appellants, and Air. Pemberton (Queen's
Counsel) for the Respondent, appeared on a motion, in an
appeal prom Bombay.
Sl.r William Follett was beard for the Appellant, in an ap-
P:eal respecting the ship Winwick, from the Vice-Admiralty
Court of Gibraltar, Barton v. Shirreff. Dr. Niacin com-
menced his address on the same side, but had not concluded
when the Court rose at four o'clock.
.11 M

_ER _AJESTY'S MA RRIA GE.-It is passing
strange that whilst the neighbouring towns are holding meet-
ings to consider the most proper manner of expressing their
joyful feelings on the occasion of her Majesty's nuptials, that
Cheltenham should alone be backward. We trust that some
plan will be put in force to allow the public generally, and
poorer classes in particular, to demonstrate the royalty of their
feelings on the happy occasion ; and we beg to suggest that a
general illumination take place on the occasion, as the esta-
blished expression from time immemorial of English rejoicing.
—Cheltenham Examiner.

HON. ARTILLERY COMPANY.----The officers
and members of the Honourable Artillery Company will dine
tngether at the Armoury House, on Monday next, to celebr;.te
the royal nuptials.