The Sun.
London, England, 1810-04-06 00:00:00

them. - He never should agree to the assertion, that
the House had no power to commit any but its. own
Members, Every other person is proteaed from
such commitment by Magna Char*a—but why
shOnld not the Members of that House be , also
protected by Magna Charta. No proposition ,ap,
geared to him more unfounded cr more fallacious,
and he was glad that no person on the present oc
,casion had attempted _to defend it. . There Was cer.
tainly much inienuity_in the sPetch of :his-Learned"
Friend S,Romill)), but' he was . not convinced
by his argument. It was in vain to say that the;
House might abuse its privileges. It should be re-
collected that all oiscretiongry power was liable to
abuse ;. but should the power he takmaivay,merely
fr:orn the supposition that it might be obeyed ?-If that
were the case, then you would take aWay all power
from the Ccurtsof Law. Parliament was the solajudge
of its own privileges. This was acknowledged by the
soundest lawyers, and therefore they must adhere to
the resolutions if the House respected itsown privi-
leges Whether Iliepublication:was libellous or not,
was a, point upon which he had various revolutions of
mind. At One time he thought_ it was ; at another he
thought it was not, It was competent for every
British subject,to examine every question. that came
befOre them. They might inquire whether the
Crown had that prerogattve.whether Parliament
bad that privilege—whether such a.law was riot bad,
at dotight to. be repealed. The very question of
Parliamentary reform, for example, and the manner
in which it has been discussed/ proved the existence
of such a right. Where then would you limit it ?.
As
.to the Resolutions before the House, he must
say, that for the first time he heard resolutions pro-
posed without being informed what was the ultimate
measure "with
.which it was intended to follow them .
up. , If
next
were, agreed to. what would
be the question. Would it be moved that Sir
Fiancis -Burdett be committed to custOdy. ? If so,
he should oppose that
,motion ; for if the doctrines
that had,noW been started were to be adopted, there
would be an end to the liberty, of the subject anil the.
liberty of the pies 's.

The -.CHANaI4O.II of the EXCHEQUER 'briefly
controverted the arguments of the last Speaker. He
• was surprised ,to hear :him gar, that now for the
first time did.he hear resolutions proposed without
being informed • what .was the. 'Ultimate -measure
with:which they were-to be followect:up.Had,the
Right Hon. Gentlethan already forgot „the Resolu-
• lions, moved by his Noble.. Friend, respeEting the
ExFedition to the ,Scheldt ?: Had he forgotten the
"Resolutions moved by a Right • Hon.' Friend of his
. the very case of Mr.- G. Jones ? • Were. not these
Resolutions moved before any `ultim3te Measure was
proposed ? Even when' they were carried, did
,pot his Right • Honourable 'Friend, Yorke,
leave it to the House to follo4 tip the Resolu-
. tions with what degree of punishment they thought
proper ? The Right Honourable Gentleman 'was
the only person who did not consider the publica.-
▪ tion under discussion a libel—he could not bring
h• is, mind to decide Whether it was a libel or not.
Indeed it oyes not easy to say, after hearing the
- Right Hon.. Gentleman's 'speech, what 1 way he
would vote..--,This was rather curious in: 't he,Right
Hoo. Xeutieman, who took the lead-among the'
Gentlemen opposite to him, • and who. was supposed
to, chalk out the line they were to foliA in de-
_

bate. But an HOD. Gentleman (Mr. Whitbread)
proposed that Mr. Jones thould- be released, and
'that the present question should be adjourned to a
distant day.--• Is that the way the House should as-'
sett its-privileges and maintain its dignity ? Was it
thus it was to spew its justice and impartiality ?
Was it to punish Mr. Jones for a minor libel,. and
allow Sir Francis-;to pass uncensured a grosser
oue ? If they had .acted right in committing Mr.
Jones, they would ati wrong in• acquitting Sir F.
Burcktt... As to what measure -.should' 'be proposed
when the Resolutions were carried, lie Wont: cer-
tainly- not shrink from declaring. The House
would-certainly not a6l a just and impartial part if
-they did not, come to the resolution of committing
Sir Francis Burdett.

Mr. GRATTAN bi'gged the Houseitrould well con-
s'der what would be the consequences of the pre-
Sent discussion. He was sorry the House should go
out of its way, and seek in boles and corners lot ques-
tions of privilege. In such contests viaory.tthist be
without glory, but defeat must be attended with
shame. When the House.wished to display its power
at.d e-..ercise its privileges,it should be by struggling
with a Sovereign or a Minister in defence of the
rights of the people. Could their dignity be main 7
lained by persecuting a miserable printer ; on 'the
contrary,, was not their dignity degraded by entering
into. a contest with such antagonists ?" It was the
combat of the giant and-the dwarf.,—The giant in
the competition diminishes, and the dwarfrnagni-
fies. The inequality of the- rower pleaded in fa.:
vour of the dwarf. Pity enlists on his
,side, and
England raises her shield to encompass and prowla
He sbduld therefore implDre the" ffouse .not
to sink•its dignity by erne' og into sitch *contests.
They should recolle6t, and be,admoui::lied.by the
Case of Wilkes. The House had expelled and 're-'
expelled him=—he was again returned ; and, in the
end, instead of being crushed,.he was exalted, made
_Sheriff, Lord Mayor, and Chanibetlain of-the City
of London.. Stich also would be the result of the
present Contliel—they would only increase the popu-.
larityOrSir F. Burdett, and of every opinion which
be chose to propagate. .
A protracted discussion ensuqd, intp 7hich at this
late hout it is iMp6ssible for us 'to enter:. Blach-
ford, Lord "William Russell, Lord Milton, Mr. C.
Wynne, Lord G:Grenville, &c. suppoited the Re-
solutions : Mr. M.-Matthew, Mr. Hutchinson, Mr.
Curwen, Mr. F. Foley, 'Sir J. Newpori, &c. op-
posed them. '

Mr. SHERIDAN askpd the Hon. Mover of the re-
solutions w hat Ulterior preposition he intended to offer
to the Hotise should the resolutions- be adOpted
Livrt-paiiDdß replied-,, that he should leave
that to tile, W,isdom of ihe'f-louse. • '
Sir 11. SAILUSEURY deClBl:ed 'that it was•his inten-
tion to Move that Sir. F. Burdett should be committed
to' the .tower.; ' • •
'" Mr. SuhkuplAN observed, that in that case, he
shoUld feet it his duty i&nioyt• an adjorndient.
Mr. 'WILBERFORCE said, that it his Learned
Friend, 'Mr. Adam, perseveredpropoging an
4.:

amendment to substitute a milder punishment he
would support him.

Mr. W. POiLE argued the necessity of shetving
that the House was not to he intimidated from doing
its duty. He should certainly vote for sending the
Hon. Baronet to the 'rower.
A division then took place on Lord FC4.KSTONWS
motion for passing to the Order of the 1.)3y.

Stra

So
. . . . . ... •271
Majority . ---191

Ayes . . .
floes,

-tiangers were not re-admitted, but we understood
that Sir R. SALUSBURY moved the commitment of
Sir FRANCIS BUBDETT to the ToWer ; and'that Mr.
SHERIDAN moved the Adjourntheni of the House.
After a further debate, of near two hours In
length,' the House divided—.

• For the Adjournment, . rs 2,
Againstiyo •
, Majority - - - - - -33 •
The original question (for committing Sir FRANCIS
to the Tower) was then put and carried.
At Eight o'Clock this Morning the House Ad-
journed.

MAILS:
AR ivisn—,t Lisbon, i Cadiz, r Dublin, 2 Waterford.
tr —2, Waterford.

PRICE OF sTocKs

THIS DAY AT TWELVE O'CLOCK.

Consols -----
- - 684

' Td E SUN.

SOLENI QUIS DICERE FAXSUM AUDEAT ?

LONDON,

FRIDAY, AI 'RIL 6, 1810.

•Last night a debate of great length and import-
ance took place in the House of Commons, upon
the subject of Sir FRANCIS Bortnarr'S Letter,ivhich
terminated in a vote for the committal of the' Hon.
Baronet to the Tower. The question. discussed
Was,of the greatest magnitude, because the 'Safety
of the ConstitutiOn depends as much upon the pre-
• -nervation of the just privilege,s of the House of
Commons, as it' dOes upon the maintenance of
the rights of any Class of the community. We
cenfeSs that we are Astonished to find that those
who Have talked loudest .of the increasing power of
the Cro-wn, should
.also be anxious to deprive The
popular Branch of the Legislature of these Privileges
which it .his always po:ssesied, and with Out which
it could not exist. But it is said, that the House of
Commons ought not to be the Judges of it own Pri-
% ileges. In answer to thisproposition we beg to ask,
lithe House of Commons are not to be the Judges of
th6r own . Privileges; who are ? Would the advo-
cates of the Rights and Liberties of the People, give
up to the King or to the House'of lairds, the limiter
of determining upon the PrivilegeS of ' the House of
Commons ? Would. it be possible for the Honse of
Commons to maintain its due weight in the balance of
the Constitution, is either of the other branches of the
Legislature had the right to define privileges and
, -
circumscribe its power. We Admit,' that wherever
a discretionary poWer is lodged, that power may be
abused; but the ingenuity of man could not frame.
a Constitution without entrusting a discretionary
power, to a certain extent, to some :branch of the
Government. Without that power the House of ,
Commons would/not only be unable to'rnaintairi its
own privileges, but it would be unable to defend
the rights of the People. 'Upon this point we must
refer to the speeches of Mr. PONSONBY, Mr. ADA 4,
and Sir J. ANSTRUTHER, all Gentlemen of the high-
est eminence in their profession, who all differed from
Sir S. Rom LLY upon this subject. With reSpect to the
libellous tendency of the letter, there appeared'to be
very little diversity of opinion in the House. We re-
gret that any Member of Parliament should so conduct
himself as to ca!t for so heavy a punishment- as that
which has been it-libeled upon Sir FRANCIS BiranEtr
but the House of Commons bad no alternative ;
if they had not proceeded as they have done, they
would-At once have surrendered their privilege and
their dignity.

Sir FRANCIS BURDETT was not in the House last
night, but his brother, Mr. JONES BURDETT, re-
mained till the.conclusiOn- of the debate, and then
set out for Wimbledon, to. apprise Sir FRANCIS of
the event-, having, as we undeistand. previously
arranged with the Serjeant at Arms, the time for Sir
FRANCIS being taken into custody. Sir FRANCIS
had not arrived at the Tower this day at twelve
o'clock.

It is very currently reported that General ARM-
STRONG, the American Minister at Paris, finding all
his applications, to BUONAPARTE for the restoration
of the American property which had. been seized,
fruitless, had demanded and obtained his passports.
It is also added, that he had purchased a vessel to
convey him and his suite to America, there not be-
ing•sufficient accommodation- for bitn in the John
Adams. . ,

Since writing the above; we have received some
inforthation which fully confirms this report.

We received this, day one Lisbon, one Cadiz
Mail, and German Pap.ers to the 24th ult. Ac-
counts in the Lisbon' Papers, dated the Inth ult.
state that the French Generals send all the Spaniards
to France who refuse to take the oath of allegiance
to JOSEPH. Thelast accounts received there from'
Spain say, that no new attempts have been-made
by rbeenemy, but that he was retiring from most
of the poSitions he occupied. It is stated in the
Badajvz Diaries, that an a6tion had taken place. in
Ciudad Real, in which the Spaniards obtained some
advantages, and had•been. successful in.a stibsequent
aQion with the same van-guard. The same Diaries
repeat the report•of the death of VICTOR. '.;."

Letters from Elvas of the 14th ult. state, that in
that city and its vicinity the English, Portuguese,
and Spanish forces amount to .50,000 men, that
those of the French in Spanish Eitramaduia amount
to about t 2,000, and that the latter were of course
in a perilous situation. •

An article dated Ayamonte, March 16, says, that
500 French, yho overrun the country of Nubia, and
committed the most atrocious crimes, were defeated
by the armed peasants between Valverde and Calana.
The same article says, that inte,lligence from Cata-
lonia was of the most satisfactory nature, and that
the Citadel of Barcelona had been rescued from the
enemy. ,

An article dated Alen-Tego, March's ig, says,
that fifteen men, beldnging to 4 regiment of horse
of the Hanoverian Legion, had deserted from the
French ; they declared that the trench army was
tired of the Spanish war, arid that desertions would
be considerable if they were sure of a kind recep-
tion. The deserters desired to -enter into the, Bri-
tish service.

It appears in an article dated Badajoz, March 17,:
that by a letter from Don C:%111,Os O'DONELL, com-
manding the second division of the army of the lefr,.:
to the Marquis de la ROMANA, that the former bad
attacked the French with success, and but slight'
loss on.his part.
The -Duke,ot AI.BUQUER9.IJE on the 2d ult - en-
tered upon his functions as Governor of Cadiz. Ac-
counts from that place of the 20th ult. state, that the
people of Andalusia were daily rising against:the
French. The Council of Regency.' on the 17th,
Published an Extraofdinary Gazette, announcing
that the French had evacuated Ronda, and that IC
had since been occupied by the Spaniards under Ge-
neral GONZALEZ.

A Lisbon Paper of the 22d ult. says, that on the
sth, NEY marched from Zamora is the direction of
Ciudad Rodrigo,' probably with the intention of be-
..
sieging that place; and threatening,the frontier of
Portugal, with from 10 to 12,000 foot, 600 horse,
and a large train of artillery; and that on the 14th
ult. JUNOT had arrived in Rio .Boco with from' s to
10,000 men, and:had directed his march to Astorga
It does not appear, however, that be had advanced
as far as Astorga4 and if the accounts 'which we
have received of the amount of the Patriot force in
Gallicia be correct, Amor wilt not vennture-to ad-
vance further into that province with so small a
force.

Early on Wednesday morning the shop-shutters
of Messrs. Griffin and Adams, 76, Strand, :were
cut, and property to the amount of above 10601.
taken therefrom. Though a man and a dog slept
in the shop, the robbery was accomplished without
creating any alarm,

Thera were 5g causes (out of 155) to try on Satur-
day morning, at Lancaster. Nineteen prisoners have
been found guilty of various crimes.

• SMITHFIELD MARKET, Anti'. 6.
This day's Market was tolerably well supplied with
different kinds of Cattle;, Mutton is cheaper than
our last report; Beef, Veal, and Pork, are dearer
and the trade for the most part was somewhat flat.
The sales in the Hay Market were trifling; Clover
obtained last price; Hay and Straw fetched better
prices.--The following prices and numbers are an
accurate statement -:

To sink the 0 ffal_per stone.of Sib. • -
Beef 4s. ad. to ss. Bd. Mutton 4s. 6d. to ss. 4d. Veal cs.
od. to 7s. 4d. Polk ss. 4d. to 7s„zd.
Beasts 850. Sheep 2500.---Calves- So.—Pigs Sou.