The Sun.
London, England, 1840-01-30 00:00:00

NEW POLICE ACT.

Mr. GALLOWAY preserite7l;pctilOn from the inhabitants
of Thavie's Inn, stating that they considered the present
mode of watching the district was the best, and praying
that they might be left under it.—Roferred to the Police
Committee.

THE SHERIFFS.
Mr. WIRE presented the Report of the Committee on
the case Of the Sheriffs, which was read.
In the report the Committee stated the principal facts
of the case, and then recommended a strong remonstrance
to the House of Commons against the continued incarcera-
tion of the Sheriffs.
Mr. WIRE said he did not think it necessary to do more
than move the adoption of the Report, which having been
agreed to,
The RECORDER read the remonstrance, a draft of which
had been drawn up by the Sheriffs. He described the
election of the Sheriff; by the Corporation, and recited
the oath which they took to truly serve all the Queen's
writs, and preserve all the Queen's rights and franchises;
and not to respite or delay the levying of any debt ; nor
to yield any man's right unjustly ; and well and truly to
execute all the laws and statutes of the realm.—( Hear,
hear.) It stated, that in conformity to this oath they had
duly levied under: a fieri facias, on the goods of the
Messrs. Hansard, to the amount of 6401. That they
had been told that the House claimed the exclusive right of
deciding their privileges ; and that one of those privileges
had been violated. That the House had, by their Attorney-
General, appeared in the Court of Queen's Bench, and
pleaded :the privilege unsuccessfully. That the House
had acquiesced in the judgment which now remained un-
reversed. That the .Justices of the Court had perempto-
rily directed the Sheriffs to pay over the money to Stock-
dale the plaintiff, in the action. That petitioners had dis.
covered by the votes of the House that for refusing to re-
fund the money to the defendant, the Sheriffs
had been committed by the House. That to have complied
with such an order would have been to violate their oaths
and interfere with the Queen's prerogative, by stay-
ing her Majesty's writs. That such a claim was subver-
sive of ell the laws and all the liberties of the realm, and
that petitioners therefore prayed that the Sheriffs might
be released—( Loud cries of " Hear, hear.")
A DEPUTY wished to know if the Court were compelled
to use the word "humble" in petitioning ?__( Laughter. )
The RECORDER said he considered the Court was bound
to preserve the usual forms of respect in approaching the
House.—( Hear, hear.)
Mr. WIRE then said, even if the individuals now in the
custody of the Sergeant at Arms of the House of Com-
mons, were not such ancient officers of the Corporation as
the Sherills, he was persuaded that, from the zeal which
the Corporation had always manifested in defence of the
liberty of the country, the Court would unanimously adopt
the spirited course recommended by the report.—( Hear.)
The Attorney-General, on the part of the House, had, by
pleading before the Queen's Bench, admitted the right of
the Court directly to question their privileges.—( Hear,
hear.) Another judgment of the Court, declaring the
claim now made to be invalid, remained in full force,
having been also submitted to by the House._(hear,
hear.) He begged to inform the Court that the Court
of Queen'e Bench could not travel out of the record, and
the consequence was the Court was obliged to return the
Sheriffs to the custody of the Sergeant at Arms. Now,
if the Sheriffs had been the officers of the House of Com-
mons the case would have been different, but they were
the officers of the Courts of Law, and we-c hound by oath
to obey its orders.—( Hess, heal.) The men who iti high
life had dared to calumniate the Judges, ought to have
been committed for their contempt. If it was necessary
the House should have this privilege, an Act el Parliament
should be passed securing it to them. It was not an old
privilege, but first claimed in 1637, and the effect of it
would be to make the House a shop for the sale of libels.
—( Hear, hear.) He had no doubt the Corporation would
strenuously maintain their own rights and those of every
Englishmen.—( Hear. ) Give the House this privileg e
and it was one which would be exercised to the injury
of the liberty of the people, and the subversion of the law.
—( Hear, hear.) He moved, therefore, the petition
now read be adopted, and presented to the House by the
Lord Mayor, two Aldermen, and four Councilmen in the
place of the Sheriffs. a course which was warranted by
many precedents.—( Hear, hear.)
Mr. ANDERTON rose to second the motion, and having
called attentoa to the official duties of the Sheriffs, asked
the Court to consider the circumstances the county of
Middlesex would be in in the event of a disturbance, with-
out the Sheriffs to call out the posse comitatus. He also
read and commented on the oath the Sheriffs had taken to
show they were thereby unable to act otherwise than they
had done. The question, then, was, whether the
House had the power to interfere with the duties
of the Sheriffs, or to demand of them to vio-
late their oaths. The result of this affair would be to
shorten the duration of Parliament, and he hoped that
when those who had voted for these illegal acts again
presented themselves to their constituents, they would be
rejected, as those who called upon others to violate the law
were unfit to be legislators.—( Hear.)
The resolution having been read,
the
th oa
tf t
e r the_(cti peoplees
of b y h uarnsde
Mr. GALLOWAY rose, and maintained the House of
Commons had merely done their duty, and that they were
upholdersthey had
of
fkthen on the
privileges
" Hear.") Had the House not made a return to the writ
of Habeas Corpus he should have said their conduct was
tyrannical, but they had done so, thereby showing their
respect for the law. The Sheriff's were bound to obey the
writ, but they should have paid the money into the Court
of Queen's Bench, and then they might have defied the
House to detain them a single day, but not having done
so, the -House of: Commons had the power of ordering
them to pay it to the defendant. He was persuaded
a petition from the Court would have no effect, but that of
confirming time House in the course they had taken. He
maintained the Judges were the primary cause of the' de-
tention of the Sheriffs. The law was said to admit but of
one interpretation ; but they found the Judges could never
agree what the law was, as was shown but yesterday in the
case of Frost. He therefore moved the previous question.
Mr. PEWTRESS seconded it, because he thought it a ques-
tion that ought to be confined to at present to the House
of Commons and the Judges of the land. It appeared
to him the Sheriffs ought not to have been left to
bear the whole brunt of the matter, and that it was
most cowardly conduct of the Judges that they did not on
the return to the Habeas Corpus discharge them and fight
their own battle with the House of Commons. If he
thought the petition would have any effect he would cor-
dially support it, but as as he did not he should not do so.
Alderman BROWN said, he feared their forbearance had
been greatly mistaken in high places—( Loud cries of
" Hear, hear.") It was there said the interest of
the matter had already died away. It was well remarked
by a late eminent personage, that " unlimited power
corrupts its possessor, and that where law ends tyranny
begins." He begged to set the Court right as to the tran-
sactions, and having detailed them, asked if the Attorney-_
General thought the Judges were wrong, why he did not
bring a writ of error. But that would not do ; the
Attorney-General preferred to rest odthe ground of un-
defined privilege. Au Attorney-General, too, who had
hitherto been " a Whig, and something more."—( Loud
cries of " Hear, hear.") Had he not, with a caution
for which his countrymen are celebrated, abstained from
stating on the warrant what the contempt was, knowing
that the Judges could not travel out of the record ? lie
trusted if this petition were rejected, the Court would ap-
proach the foot of the Throne, and entreat her Majesty to
exercise her prerogative, and to liberate the Sheriffs who
were incarcerated for obeying her writs._( Hear, hear.)
Mr.. STAGY was very. sorry that the previous question
had been moved, as he wuhed that they had been unani-
mous upon such a question. He was sorry to see his
friend on the floor, who had many years ago almost im-
mortalized himself by identifying himself with John Horne
Tooke, now supporting general warrants.
Mr. AL .
G ()wee denied that he had ever supported
genera warrants—he
1 hated them as much as ever, but he
House of Commons te its
supported the just privileges,
which were necessary for the due performance of its duties.
Mr. STACY was glad to hear his Worthy Friend was
yet eci d 'dedly ag.,ainst general warrants. Was it not a
general warrant upon which the Sheriffs were now
•incar-
cerated? What was it ? Did it state anything on the
face of it which set out any offence for which they ought
to be punished?
Mr. STEVENS said the Corporation were now going to
the House of Commons to demand the liberation of the
Sheriffs—to beard them in their own House. Was it good
for the people:that the House of Commons should have the
power of investigating into abuses, of calling witnesses for
the purpose o
felucidating evidence on which to found
corrections of those abuses ? if that was necessary—then se
was the power of publication. It was really a very great
question. He wished the Sheriffs were released, but it must
be remembered that they were in confinement for their own
rebellion against the rights of the people, for he contended
the rights of the Commons were the rights of the people as
their representatives.
Alderman Sir War. lIEYGATF. said the Corporation of
London would have taken the same steps had it been the
Sheriff of Gloucestershire in place of their own Sheriffs,
who were elected by the Livery of that city. It was said
it might damage their own case if they offended the House
of Commons. He denied it—it was their own spirited
conduct which had saved them heretofore, and nothing
but manly perseverance would preserve themselves ittt
future. He hoped that this question, however, might
and would lead to an amendment of the law defining the
privileges, so that gentlemen in the situation cf the
Sheriffs might know what they were doing. He contended
that they were suffering, under a general warrant, one of
the most odious of abuses, which had been got rid of in