Star.
London, England, 1810-06-09 00:00:00

erred, if be was istittumgtital it hiving these restic-
tions removed.

The Petition was ordered to be laid on the table.
Mr. WHITBRLAD presented the second Nl-
tion which was to the same effect as the former.
' WILLIAM small said he could not re-
frain from saying a few words. He agreed iu opi.
nion with his Hon. Friend, and concurred in the
principles laid down in the petition, which were just
and well founded. if the House shut their eyes
against the prayers of the petition, the Catholics could
not expect to be emancipated. He was against the
word toleration, as it implied a forbearance to act
where there was no right, the liberty of consci.
once could not Le uncontrooled.
The Petition was ordered to lie on the table.
LORD COLUNGWOOD.
Mr. YORKE rose, in pursuance of the notice be
had given, to move—'6 That an humble Address be
I presented to his Majesty, that he be graciously ple tied
to have a monument erected, with a suitable inscrip.
tion, to the memory of -the late Lord Collingwoli,
in St. Paul's Cathedral, for the gallant and d'edn.
guished services rendered to his country, and that the
• House would make vied the expences of the same."
Mr. WYNNE observed, that though a monument
was voted to be er.xted seventeen years ago to the
memory of Lord Rodney, yet it had not yet bees
erected.

The motion was put and agreed to, Rene con.
I Mr. W. WPRYI‘N.IN, pursuant
LRGEE3OFr Li
to AnAMUM ONti T.
; called th
attention of the House to a subject which he wished
HOUSE HOUSE OF COMMONS.
bad obtained a more able advocate. The House
Mr. DUNDAS brought up the Report of the BM for laying a I tolaCceondsi;dearntohteicsiennogef
aronusacstitiotinatiaont
lainw uilladlichbeeitn:atas
e:-
morrow, as was also the Ariu Cothing Bill. duty on all coals brought to London by inland navigation, which p
was agreed to, and the Bill ordered to be read a third time to-
pressly served on the Speaker. of the House of Coons and entered on the Jouals'. The Committee
y
The Hackney Poor Billwas read a third time, and passed; as which bad been appointed to report the course the
1 m Journals.
was also the East India Ships Bill.
The Fishery ilia was read iii a-conunittee of the whole Howe House was to pursue, declared theteahavntitsead t
t Armsnotileicsesps:wakeiv.it.
and ordered to be reported to-morrow. ebdreoanchtehseoSf7tsakperrivailnedge ds,aeanSd ad
er i
tiir JOHN NEW l'OR•I' presented a petition from the County
to plead at the liar of the Come, which oth
of Waterford, respecting the Bill on the Prizage of Wines.
The Irish Cats .':its Duties Bill was read a third time; and,
after-some remarks from Sir John Newport and Mr. Foster, it
swtOanucldesn;otthhecHinofuosren:eidt
iotfptlleal.e
siendit:irmeinhfttchoemater"citu.tml:
Solicitor who serveel the notice—at all events, it
was passed.
Lord Ormond's Contract Roads Bill was read in a Committee,
should give leave to the Speaker and Serjeant to
the Report received, and the Bill ordered to be read the third ,
litiett
didcr tiro
not
sHouseay o)
at concurredthou
ac't-ibonnts not
The to-morrow.
The Report on the Rutland-square (DubliiiTßill was agreed to.
ipnle;thde.
formerlnthe;
tended to destroy that without which the House 'soul,"
Sir J. HALL, fixed his Notice for the discharge of Gale Jones
for Thursday next.
.myietteet
thedecHlaoreused
pthaesmsedttheme be
nboretactisst.oi.'plr'hiveileCnoems
The Irish Timber Bill was read in Committee. Report to be.
received to-morrow.
over, as if it was a legal, allowable, and laudable
The r:port on the Irish se ills' Fines Bill was agreed to, and or- privileges 0
or-
dered to be read the third time to-morrow.
The Report on the Ireland Coal Navigation Bill was agreed to course which had been pursued. The Speaker and
with some.Amendnaents.
The Art Clothing Bill was reported, and the report agar ed to. Serjeant were merely directed to appear. He asked,
m
would any one be surprised, after this, if Gale Jones
CHARITABLE DONATIONS.
I pabeas Corpus had _been seed, the Solicitor would
nation Bill,
was to direct a Solicitor to prosecute the House, for
The Order of the Day being read for the House to sof which it is the sole tribunal ? if an
roceedin H
resolve itself inch a Committee on the Charitable Do-
ihreanvte
;bebeyn
an ActproceededofParliament,against, for tthie:ecasesorti‘sitqourities
Mr. WILBERFORCE said, he brought in the tiffm
bill in consequence of private information which he nst supposes' to knew the authority of the Commit-
received from various quarters of frauds which had tar, it is in the power of the jailor even to sue it. Is
been practised, aod abuses that prevailed, with
the most jealous times, the Journals appear covered
respect to estates left for charitable purposes. He with iseecedents of the House uniformly resenting
s
however found that a great variety of opinions pre- such actions. It was determined that any one prose•
veiled on the subject as to the mode of correcting outing in breach of privilege, should be considered
the evil, and therefore he was anxious that it himselt guilty of a breach of privilege, this was
should be duly considered, and he expressed his agieed to by every successive Parliament, it has le
earnest desire that the House should keep its attentionl
f
mained the same since the Bill of Rights, and set
fixed on the business, as being the guardians of the . always considered the foundation and bulwark o
poor, and see that the money left to charitable insti- Parliament. The Gentlemen opposite say, that the
tutions should be properly and justly applied. Fle question will be set at rest by the tribunal to which it
would not press the 1 Bill the present Session, but mu lis appealed ; is the Court of King's Bench a tribes:ll
ved that it he committed this day three months, which to appeal to? from whence there is a transition toile
was agreed to.
I
.a Lords. If this is the case, what is this House to de?
PETITIONS.
is it to go before the Peers, by a writ of error? t
Mr. JOHN SMITH presented a•Petition from the
sllblllit to the very enemies with which it had always to
County of Nottingham, signed by 4000 persons, p ? ray. i
contend . He conceived' it to be a most dangerous pre.
ing ;Or the release of Sir Francis Burdett and G.ile ! cedcnt, that the House with its eyes open should con.
Jones, and for Parliamentary Reform, which was or- :
I Court of I
sent to brio the qaestion.of its privileges before the
tiered to he laid on the table.
Mr. CA LCRAFT said, he held in his hand a si- : ing':s Bench. However, born the high
opinion he entestained of the Learned Judge who pre.
miler petition from several respectable persons in the I
sides' in the Court, he was cies' Jeer the decisionwould
City of Rochester. He-trusted there was a truce with I
Ibe hi favour of the House. He held, that if aay
respect to the rejecting the petitions of the people,
Judge was to decide against the privileges of the
and that he would hear nothing farther of verbal ell-
House, it bad a right to go to the eztremity 4 the
ticism. He then brought up the petition, which was power it possessed, that of commitment. Many might
lead by th '
e Clerk, and was laid on the table. that this was not now the time for urging thee
Mr. ST R
ANIFO'fe H presented an Address and arguments arguments ; that they ought to have been avancel
Declaration from a number of _persons in Kingston. I when the first notice was served ; with respect to thire
upon-Hull, similar to the Counter Declaration from it should he recollected, that the notice was not
the City of London, which was laid upon the table. l
• , ved on the Speat er, but on the individual. This was
• • BULLION CONIIIITTEL- 1 such a case, that if even no precedent existed, tllll
Mr. HORNER brought tip , the Report of the Bul- House was now bound to make one, it should do
lion Committee, which was ordered to be laid on the I every thing to preserve itself from degradation or in.
table. The Hon. Member observed, that it WAS too 1
famr. There was another course, that of taking awn',
late in the present Session to take the Report into con-
-41 the proceedings relative to the breach of newts
sideration. but he would move early in the next, that , leges. With respect to Sir Francis Burdett, he would)
it should be taken into the most serious consideration' have been ashamed had he given any other vote thus
of the House. It was a subject of as greet import-I
, that for his committal.' These were
once as any that related to the domestic economy of ! ' t
which ought not to go down to posterityk
the country, and as affecting our commerce, a subject some notice being taken of them—they would
in which not only the Government was interested, but mice be considered harmless. Things had now
also every class of the community. It was unmixed too far fair conciliation. Those who
with any party consideration whatever, and deme tided--; Louse, for the purpose of sinking it in
the serious attention of Parliament. lto concluded !of the peopl
e; would now thick th it - acted
by moving that the Report be printsrear, d, which was or- . ! ie'
rit no notice was taken of the actions, the
dered accordingly. • way to do which, was by conflicting the
LIBERTY OF COW:II:WE. • He was
and all
_concerned in the prdceedine.
Mr. WHITBREA D said, lie held in his hand two from thinking the question would set at rest
petitions, one signed by a few Protestants, and the I
I the
. K Bench, -
ine's the Freese would have to
other by several respectable Protestants and Roman i 4"
chance of the Judges, and the temper of the
Catholics, praying that those Penal Acts might be !Of Lords. It that were allowed, weuld the .
repealed which militated againet the Liberty of Con- '
I summon a witness to. its bar, or co.uld it prevent
science. He accordingly presented one of the petitions was now ,
''' witness from er au P the time
pr arm ng .
which was read by, the Clerk. Tit, Hon. Gentleman I firmly to claim the privileges handed down b 7
said, he entirely concurred with every sentence consl ancestors. The respectable and refiec,ing s-
tained in the petition. It was the duty of .every man I community can only
respect this House so tar >"
to conduct himself through life in the most tilemeless . respects itself.
The Huns; should recollect the'
. and innocent manner possible, and he knew of no ; who pursued his course firm and unbending,
bond whereby any man should exercise a dominion •
as
unit rtise when thht of the nation w sunk to
over either the mind or the religious opinions of ants- • s*
and French
lowest ebb, when it was disgraced,
ther, nor could any such be exercised by Govern., s ' jurl'lrieS were in our streets' he then stood ,
ment, except where religion was set tee to overthrow'. and raised •
the spirits of his country by his own•
the duty of the State. Be agreed with the advocates' have sten in sevenwar no petition for
years
..
for liberty of conscience, that in conforming to their ,
nor have we heard complaints of
wishes, to have the penal restrictions against religion
! to Ns lamented friend, was this to
removed, would not be incompatible with the thumb-
' (Thee Honourable Member was very
ing state of the country. He felt proud that he had '
i Were be hers now, he would stand
i
been selected to present these petitions, which were ' •
. with a streis of eloquence and ;How
put into his hand by a venerable and worthy character, one cculd imitate—to imitate his dt.i.
Mr. \Vyvil, who enforced the purest doctrines, and in the power of ever • ;he trusted
y one
acted up to them, and who had spent a laGerious,
.' inspire
r over them, and 1
' would this night hove
useful, industrious, and innocent life in the most lieu- decisions. 'nacre appeared no instance of an
table pursuits, the remnant of which would be sweet-1 oat •
the privileges of the House which was not

I

circumstances
poiterityk AN
they would other
ings had now
who attende.
it in the estimab
th it it acted
le actions. the od
inning the *ION,
ings. He was
LI be sot at rest
11,1 bee to take
Ryer of she H. '
, would she H '
ould it prevent
iMe was noW c
waded down 11_
e&c.ing par: of
House so tar ot
d iedolleet the P.
unbendingit
to
was sun •
A, and French
then stood fcr' /1
y%
by bis ow&
petition for ptee..
sufferings ; o
i to be irtmenten.,
h
very altIC
,nd up in
llustration n
s &terminati:on 5;.
listed that
rn, and insPiie
iOStatOCO of an,,
which *at not

12d by a declaration. The first aesolution he in-
t proposing would be a copy of one passed in
.sue" Resolved, that whoever should presume to
imeoee .t prosecution against the Speaker or Ser-
for. acting in obedience to the House, such per-
guilty of a breach of privilege." He proposed
two more—" That it appears that unions have
instituted by Sir *Francis Burdett against the
t Honourable Charles Abbott, and John Cole-
Esqs. for acts done in obedience to this House—
t the proper Officer of the Court of King's Bench
summoned to attendat.the bar of the House to-
vow, with all the proceedibgs already instituted."
the first Resolution being read,
ie CHANCELLOR of the EXCHEQUER
.
that he did not think it necessary to adopt this
ration, it would be a dfrect contradiction to the
ticm to which it applied. The Honourable Gen,
on founded his arguments on a proposition which
woulJ deny. The House was to pursue a purl-
• course, not because there had been a breach of
ilege, but for the purpose of establishing a certain
idation. /f it was not necessary for the House to
,ise ies Privileges, it was competent to use its dis-
on on the subject, and to know the way it should
In the allusion the Honourable Gentleman made
the Habeas - Corpus Act, he unfottunately men.
ioned the only circumstance which could tend to
zee a doubt. He said that the House was sup.
lllnot to know the
~Solicitoe, 'hut that even the
would sue the act ; if any one was to sue in ig.
ince, it could not be the Jailor, for he Must ne-
cessarily be acquainted with the warrant; And o(
mule with the authority of the' committal—he is
fore guilty of a breach of privilege; but in fact
, the very establishing of that case In Which it may
broken. It was a question of ;right of common
' proceeding. He contended, therefore, notwith-
ling the denial of the Hanourahle Gentleman,
the cases remained analogous. The discretionary
ise of Privilege was not a question for discussion.
Honourable Gentleman proceeded to state, that
► brought under notice, there was nothing to do
to vindicate them. He burnt) doubt of the pro-
:y of this, yet he thought when the question was
Iglu forward, the House would be incompetent
ccide. The Honourabl; Gentleman put the ques-
what was to be done in case the Court of King's
:h should decide against the House—in respect
is he relied on the justice of the. Court. He asked
case the decision of Lord Ellenborough was un-
trable, would the House 'commit him He never
r an instance of a. Lord of Parliament •ora Judge
le discharge of his duties in his Court being coo.,
!c1 ; in such a case he would rather prefer an im-
:hinent—Wearrhear.) But he yeses Confident that
Fudge would be guilty of such a pervetiion of the
, and of such an abandonment of his duty. The
ice of the two roads was not .to be lade on the
supposition of the tribunal acting illegally. The
lourable Gentleman then suggested his intention-
thing the Officer of, the Court to tip Bar, and
tg from him the proceedings on the RolL He,
should rescind these resolutions, and reiolleci he was
it to pursue a course in violaticiti of decorum and
precedent. He hoped tit Have seen a Right Hon.
uleman sitting near the Honourable Mover, who,
t former occasion,.entered most fully into this sub-
, and came to a decision, that the House ought
tdopt no other course than what it now pursued.
conceived that the House should do no more than
had done, in the present Session, as to any impres-
ion of fear or timidity. They had been before ac-
tied of rashness, be however apprehended thatlhey
td acted consistent throughout—(Hear, hear.)—
ie best way was for the House not to.take the ques.
in in its own hands; but bring it under the consi-
-ation of another Court. .
4r. ADAM stated, by .authoar Aut. his Right
)nourable Friend (Mr. Ponsonby did not conclude
speech as had been said. It was his opinion that
Privileges of the House were tb be ascertained on
era. He had communicated with him since ois
subject, and he, had abundantly confirmed his
assertion. His absence was occasioned by illness in
family. The adinitting of the action, is a proof
it can be brought to the destruction of the Pri-
eges of the Hotote ; and is likewise sanctioned by
permitting the tpeakee to "plead. If any Member
'food up on the motion for committal of Sir Francis
rdett, and said that if he was sent to the Tower
action would be brought against the Speaker,
w would he have been treated ? Would he not
re been considered an enemy to the Constitution
1 to the Privileges of the -J-louse ? The Right
:mourable Gentleman had argued on the similarity
. the case with that of the Habilis Corpus. Com-
pare it with the notices of the action, and remember,
gat for the first time in the history of England such
action against the Speaker is to be recorded. It
not possible that they can stand on the same
)antis ; it is not at all similar to the cases of Alder-
in Oliver and Brass Crosby. Sir Francis Burdett,
a :dying the action, was guilty be contempt of the
tine. The course of proceeding for the libel had
adopted, and mot for the contempt. The
doctrine of his Right Honourable Friend had been
..tally mistaken. For his part, he agreed with the
fun Resolution ,• for the remainder he would not per-
ips contend, In coniideration of the _state of the
inds.of the.people, and the wish to avoid interfcr-
with the Courts of Justice. By the first Resolu-
twhat had already been" done would not be rescin-
If the House was to be.prorogned without an'
assertion of its privileges, it might cause an alteration
the Constitution. -
The SOLICITOR-GENERAL was of opinion,
that one of the Resolutions could not be adopted
Without the rest. The House should go to the full
3t4;ttent of expunging all the proceedings, or not erase
. In vain was it said that they consulted the dig-
nity of the House, by fulminating abroad abstract
anions, if they were not determined to follow theni
bp
P. This course was either to be pursued, or that of
not interfering at all. It was not 60 criminal to let
the Session close without abandoning the dignity of
the House ; it 'rust act, whatever is the consequence.
Ile conceivd that the arguments of his Right Ho-
llourdbic Friend were well founded, in respect to the
analogy orthis ea-e to the Habeas Corpus .A!ct, which
he este* qd k
to ue direct. It was said that it could
not be so, as the Habeas Corpus was a writ' of right.
Re asked, was not a writ of action likewise a writ of
right ?—(//ear, hear.) The law of the land prevails
precisely in both. The measures proposed by the Com-
mittee were approved by the saaaiblepart of mankind.

- •
Lori TEMPLE wished that this' ‘ote might be
considered as a protest against the extraordinary way
in which the House acknowledged the Courts below.
He conceived• it to be a sort of.political suicide. The
enacting of such laws, was' digging:a grave in which
to bury the privileges of the House. Nothing more
was to be expected from the vascillation and the fits
of courage and cowardice of Ministers, who did not
know the weapon with which they defended them-
selves He saw with regret those of such eloquence,
and who had approved themselves masters of the sub-
ject, consenting to allow the Speaker to plead to the
action.

Mr. W. 'SMITH asserted both the, propriety of
admitting the defence of the action now brought
against the House, and the necessity of declaring its
indubitable privileges. He was convinced, using the
words of an Honourable Member, of the necessity of
their reserving to themselves; at this time, the right
of waging the most rigorous warfare against West-
minster Hall:

Mr. W. WYNNP: shortly replied to the Objections
that had been urged against his Resolutions. Gea-
tlemen opposite had, he said, studiously avoided the
question which he had strongly putt to them, whether
they were entirely prepared to carry the contest to the
Upper House? The probability was, at any rate, that
his submitted resolutions would tend-to stop the course
of the action pending against the House. This was
not all he felt. Contemplating, as he did, the aspect
of affairs, he was most anxious to deliver up to his
constituents, the Commons of England, those great
privileges which they- had constitutionally intrus-
ted to him—to deliver them, as he received them, un-
altered, unabrogated, unimpaired..
I‘,lr. PETER MOORE supported the Resolutions;
after which, strangers being withdrawn, the House
divided—Ayes 14—Noes 74—Majority 60.