The Sun.
London, England, 1821-05-12 00:00:00

been a disgrace to him as long as he lived. He
(Mr. Scarlett) had known that Honourable Mem-
ber for many years, and those who had only
known him for a shorter period, would agree
with him in affirming that it.could be nothing but
a most base, a most atrocious attack on his cha-
racter. With respect to the explanation which
had been given by his Hon. Friend, be thought
it did him the greatest credit. For, according
to the imperfect manner in which their proceed-
ings were reported, it frequently happened that
misunderstandings took place ; and so far was
he from agreeing with those who would hold
themselves high and refuse to give an answer to
any request for an explanation, that he deemed
it the duty of any man, not only as a Member
of that House, but as a Gentleman, to make such
explanation. ' The more particularly ought be
Io do so, if he had unknowingly bi.ktn the means
of creating pain in the breasts of individuals,
through the ignorance or malice of others. He
felt that his thanks were particularly due to his
Hon. Friend-for having brought the subject be-
fore the House.; because since that was done he
had looked at the Paper in question, and he con-
sidered it absolutely necessary, for the preserva-
tion of the character and dignity of the House,
that it should be noticed. He had heard rumours
that the Paper was supported by persons of more
consequence than these whom they had seen at
the Bar. It was even stated that persons who
were worthy, or rather, he should say, who were
unworthy, of seats in that House, were employed
in writing the articles that appeared in it. He
was glad on that account that the subject had
been before them; because as far as the words
of the persons who had been examined would go,
these bad at least discovered the source of the in-
famous falsehoods which had been published. It
was not his object to submit any motion to the
House, but be must certainly vote against that
of his Hon. Friend.
Mr. G. BENNETT said, that in bringing for-
ward the subject he had done what he conceived
to be his duty. As he had before said, he first
considered the necessity of clearing his own cha-
racter, and next the possibility of discovering to
the House who was the author of the libel. Hav-
ing done that, he selected tbat process, which he
thought, according to his own principles, would
be the .most proper. Perhaps he was wrong in
the view he had taken ; but he had taken it
honestly and conscientiously. At the same
time, he now saw the objections which had been
pointed out by his Hon. Friend. He saw the ad-
vantages which he had gained by the examina-
tion of the parties, if they were sent to trial.--
lie would confess openly, that he had gained
these advantages and upon that,ground he beg-
ged leave to withdraw his mOtion.
Sir R. FERGUSON expressed his satisfaction
at his Hon. Friend's having consented to with-
draw his proposition. He was glad that he had
done so, because he thought the persons who
had been before them, should receive no,punish-
ment whatever; and if any proposition were
made for committing them to Newgate, he. for
one should vote against it. The only object of
his lien. Friend, had been to rescue his own
character from the foul and false aspersions that
had been cast upon it.. He (Sir R. Ferguson)
did not think, that even that was necessary; but
he was aware how keenly every man must feel
when his honour was attacked. The four who
had been before the House had sufficiently ex-
posed themselves. They had given evidence of
which no man would believe one word to be true ;
and the reflecting part of the world would see
that there was the sane degree of truth in their
infamous publication. He wished be could be-
lieve that the person whom they had seen was
the real and only author of the paper. It was a
new era, in the history of this country, when a
paper was established for blasting the fame of
virtuous women after their death—(Cheers.)---
But it was a still newer era when such a paper
should find supporters.—(Cheers.)—He had seen
some articles in the paper which he believed
must have come from higher quarters than those
wretched and unfortunate men. The men who
could support such conduct were the most base,
the most wortbless—he could not find expres-
sions for his feelings—they were the most coward-
ly assassins. lie hoped they would be brought
to light, and receive the punishment which they
so richly deserved.
Mr. BARING thought that his lion. Friend had
left the House in an awkward predicament by
withdrawing his proposition, without substituting
any thing else in its place. Such a thing having
once been taken notice of, and held up, as it de-
served, as a most gross and glaring insult upon
the House, to be then left to pass without punish-
ment would be leaving it to be supposed out of
doors, that the House might be insulted by any
body with impunity. He had every objection to
prodcultciee e
swhich
prosecution,had on accountbefore state
dof! t,he Though been
there were some lion. .Members who did not
care for the privileges of that House, he trusted
that there was a majority who did, and who be-
lieved, that with those privilege's, the liber-
ties of the country would cease to exist.
lie could not therefore consent to leave
the House in the situation in which it was
then placed. He should suggest, a course
which lie thought would be the best they could
pursue under the circumstances of the case. At.
the same time, he was anxious to say, that he
should never wish to prevent free observation
upon what fell from Members of that House, so
long as it was kept within fair limits; because
lie considered that it was not only beneficial to
themselves, but likewise to the character of the
House itself. lie would not be disposed to take ,

notice even of an extreme freedbm of eemark;
but where there was a malignant Misrepresenta-
tion like the present, and charges of the most
atrocious nature were made without the least
foundation in fact, the House was bound to pro-
ceed in the usual way against the parties so
offending.. He should, therefore, first move, that
Henry Fox Cooper be committed to Newgate.—
And if the House sanction that proposition, he
should then move that the Printer be likewise so
dealt with. He should have had some hesitation
with respect to the Printer, if he had honestly
given up the Editor without that evasion and
prevarication with which he had insulted the
House. With respect to the other persons, he
thought their evidence to be most disgraceful to
them. But he had not sufficiently examined it
to found any proceedings against them. Perhaps
some Hon. Member who had read it more atten-
tively might make a proposition to the. Houser
the question as it regarded them might be ItT2
journed until their evidence was printed, and in
the hands of Members. Whilst he took this
course, he wished at the saine-time to Observe,
that witeneTer the privileges of the House were
infringed, he trusted they should not be guided
by the notions of his lion. Friend (Mr. Bennet),
but proceed A once to vindicate itself by its own
power. lie then moved " That Henry Fox
Cooper, having avowed himself the author of a
false and scandalous libel upon a Member of this
House, be committed to Newgate."
On the suggestion of Mr. BAN ES, the motion
was worded thus :—" That Henry Fox Cooper,
having confessed himself the author of the said
Libel, be committed to Newgate."
Sir W. DE CRESPIGNY differed most completely
from his Hon. Friend who had just spoken, in
thinking that his Hon. Friend, the Member for
Shrewsbury, had placed the House in an awk-
ward predicament. It was absolutely necessary
for the safety and honour of the House that his
Hon. Friend should bring forward this subject.
If there were a base set of assassins behind the
screen, he should sincerely regret that the real
authors, should not be punished instead of those
wretched men of straw.
Lord NUGENT considered that the thanks of
the House ware due to the Noble Marquis for
his notion of Adjournment last night, so as to
enable the House to come to a decision upon this
question, deliberatively and calmly. He,did not
agree that the House was placed, in any dilemma
from which it' could not- extricate itself but by
the course recommended by his Hon. Friend.
On the contrary, they had already been in such
a dilemma in the early period of the Session, and
had extricated themselves without adopting vich
a course..., The Noble. Lord alluded to the Ad-
dress to his Majesty, which appeared in the
Gazette, from the Presbytery of Langholme. A
grosser or a- more flagrant breach of the privi-
leges of the House than that was could scarcely
be imagined; and compared with which, An at-
tack upon an individual Member must almOst
sink into insignificance. - Upon that occasion the
House passed over the insult offered to it, upon
the promise of the Noble Marquis, (which was
afterwards fulfilled in a most handsome manlier),
that an apology should be made from the Secre-
tary of State's Office, where the Address had
been permitted to appear in the Gazette by mis-
take. He did think that if the House proceeded
to act upon the motion of his lion. Friend, it
would be most severe and injurious towards such
poor wretches as this prevaricating printer. The
Noble Lord concluded by moving, as an -Amend-
" That Henry Fox Cooper be called to
the Bar of the House, reprimanded, and dis-
charged."
The Marquis of LONDONDERRY had taken
leave of the question, but he was anxious to
avoid any thing which could be construed from
his conduct as tending to shew that he was dis-
posed in any degree to neglect the claims of jus-
tice, or that he did not feel the necessity of main-
taining on all occasions the character of our
Courts of Justice, and their right to determine
the criminality and punishments of those who had
in any way incurred the wholesome rigour of the
laws. His only objection to sending this case to
a Court of Justice was, that the individual might
not suffer from the confession which had been
extracted from him before the House, and though
not the less alive to the gross nature of the offence,
and to what the defence of the privileges of the
House required, he felt also that the end of that
inquiry being answered, they would best consult
their own honour and dignity by tempering jus-
tice with mercy in the punishment. Ile had no
wish as to the course to be pursued, but that
they should be seen to hold a hand of even jus-
tice towards all parties. lie did lament and re-
gret that the same feeling of just and louct indig-
nation had not been expressed on other occasions
than when the mischief complained of was con-
fined to the Zion. Gentlemen opposite and their
friends. He lamented that an Hon. and Learned
Gentleman opposite, whose pu.suits 'must have
given him those irate sentiments of justice which
belong to his profession, should have been led to
cast, aspersions and insinuations on unknown and
unnamed authors,—(hear, hear! from the. Opp-
osition benches,)—to whom, however, the specu-
lations of the world attached the responsibility of
the objectionable writings.—(Hear, hear ! from
both sides.)—The Hon. and Learned Gentleman
must forgive him for saying, and so must the',
lion. General who spoke before him, that their
conduct bad not been perfectly consistent with
that feeling of justice which they had expressed.
No one had a stronger feeling for the defence
and preservation of the virtues of Englishwomen
and. the honour of the men than himself ; he'
knew no two qualifications which' ought to 'be

'TRICE SEtrkicPtNet.

more religiously guarded. No one could be less
disposed to tolerate the offence committed on the
privileges of the House than himself. He had read
the journal which contained it, if that were any
offence, having been led thereto by the corm-non
curiosity of our nature. He admitted that there
were no circumstances of palliation in the offence ;
but he would have been haPpy if the loud burst
of indignation which followed it had been on any
occasion awakened by the torrents of libels which
had been poured forth on other quarters, which
hati assailed the highest and most respected
characters in the State, and spared nothing iii its
fury of calumny among all the institutions of: the
country. That would have been a feeling worthy
of the British Parliament, and •becoming that
sense of honour which ought to distinguish thesin ;'
but he could not respect that.sense of justice, and
those feelings of indignation which was only to
be awakened by attacks on those who profess-
-`ea thelir` or tifeir 'political friends, while such
offences abounded in other quarterS.T -A libel
which bad appeared two years ago in The Times,
and which attributed to a Right- Henourable
Friend of his a disposition to ridicule the.suffer-
ings of his fellow-creatures, contained an attack as
flagitious and painful to his Right Hon. Friend as
any thing which could be found to arise out of the
case before the House. If he had on that Occa-
sion witnessed any thing like the gloW of indigna-
tion which now prevailed, he would not have com-
plained of the speeChes which had been made, and
the feelings which had been manifested. His Lord-
I ship proceeded to recornmend that there should be
nothing of party feeling apparent in their conduct,
and that it should not be held out to the public
that there was more security in attacking one side
than the other. He thought that the punishment
of a reprimand was too mild, and to send the a-
fendeis to• Newgate would be tbo*rong a mea-
sure of punishment. So little toleration had he,
however, for cases of this kind, that were it not
for what he had seen on the occasion to which he
had alluded, he would have had no hesitation in
agreeing to the commitment of :these parties.
BUt conceiving that the case of 7'he Tithes news-
paper was much more gross than-the4resent one,
he could not think it adVigable to give the latter
4. - -
a severer litinishment. Ile would therefore move,
as had been done in the former case, that the
parties be taken into custody by the Serjeant at
Arms. He thought that at least they ought to be
kept in custody for one niht.
The Clerk then read from the_Journals the re-
solution which the House Had come toaon the ease
of John Payne Collycr, charged with misrepre-
senting the proceedings of the House.
Sir'J. MACKINTOSH observed, that The para-
graph complained of did not appear
intheJournals.
Lord NI.J.GENT explained.
Mr. SCARLETT could have had ..no Wish to
trouble the attention of the House further, but
for the closing observations of the speeCh of the
Noble 'Lord. If any party feeling had been
-Manife-ited, surely it was to he found only in that
speech. Never had his own miud been n
less u-
:der the-influence of party feeling than While this case
had been_ under discuSsion.. He thought that the
House was Unanimous in its opinion orthe libel be-
fore-them. Ile did not know, nor wag le in.the least
aware what libels they could 'co'unte-
nancing of Willa -fortned such a general stigma
on the Gentlemen on his side of thellOnSe: For
his Own part, he had been, strankelY:irtiSunder-
stood. He had stated that, having fiCa:ett ..but of,
doors the scandalous paragraphs of the paper in
question attributed to Meinbers of That House,
.he thanked his lion. Friend for having affOrded
an opportunity of completely refitting an impu-
tation -which, from the first, he had never be-
lieved: If that conveyed an imputation to any
Member of the House, or if it displayed the least
tinge of party feeling, he was ready to confess
that he did not know the import of his own lan-
guage. He might have been mistaken In his un-
derstanding of what he had uttered, but party
feeling hair not influenced him ; if there had been
any party feeling displayed, it was by the Noble
Lord ; for his own part he read as few libels as
any body ; he had not time for: such reading.
But it seemed clear enough to him that party
feeling could have nothing to do with libels-on
private character. :He could make all due al-
lowances for the effects of party feeling in public
writers. He would suffer them to make almost
any comments they pleased on the public con-
duct and opinions, of public characters, for the
sake of serving -their parties, to whatever side
they might belong ; but this toleration could
_not
be extended to calumnious and false attacks- on
character. Though he'did not read many libels,
he had read the JoUrnal which contained 'this
ne, and as the Noble Marquis admitted that be
had read-it, he would remind the Noble Lord
of another paragraph in that Paper, in which the
writer boasted of his belonging to rather an
exalted rank in society. As' he said before,le
did not believe it ; he could not believe that any
gentleman Would write such paragraphs. If, in-
deed, it were possible to imagine the- cafe' of a
man who belonged to superior rank, with which
he was engaged -to invade the liberty Of the press,
by a very coarse and disgusting abuse of it, the
plan could not be much better pursued than
through the means adopted by this journal.
It was' well known that the abuse of -a , privi-
lege led the moderate to be less eatcfnl'of its
preservation. •In the Auguttan empire libel's were
constituted high treason, because Ofthe'Satires
published by one'Cassius Ceverus against thejl-
lustrious women of Roine.- The story was -in
Tacitus. He hoped no such. effect vs, onld "be pro-
duced either by this or 'any other .Jourthl. As
to the case 'of The Thnes he knewnOthing ofkit,
becanse lie was lice in the HouSe arthe time ;