Star.
London, England, 1819-01-30 00:00:00

snrActs OF PRIVILEGE.

Mr. DENMAN said, he held in his hand a Peti-
tion containing serious charges against a person of
elevated rank. it complained of a breach of the pri-
vileges of that House, by the interference of a Peer
of Parliamtnt in the electien fur the City of Oxford.
It did not allege an undue return, but that the Duke
of Marlborough had been guilty of a violation of the
rights of his Majesty's subjects, by various illegal
arts, committed for the purpose of influencing an
election. The petitioners were persons of most re-
spectale character, who had taken no part in the
election.; and he conceived that they were justified
in their application to have their statement refereed
to a Committee of Privileges. Ne now moved, there.
fore, that the petition should be read.
Lord CHARLES SPENCER CHURCHILL de-,
aired that he hat no wish to oppose the motion of
the Honourable and Learned Gentleman. From his

' own actual knowledge of the facts to which the Pe-
tition referred, and from other circumstances, he felt
the utmost confidence that the conduct of his Noble
Relation would, upon enquiry, prove to be utterly
undeserving of the imputations cast uponit. He should
defer all further remarks till a future opportunity.
Mr. C. W. WYNNE said, if he rightly understood
the nature of this Petition, from the observatiqns of.
the Honourable and Learned Gentleman, it did not'
complain of any undue re:urn, nor did it proceed
from persons having a right to vote or take any partl
in the election. It could not, therefore, be referred
to an Election Committee. He wished to draw the
attention of the House to the extreme inconvenience
that must arise from taking Petitions of this nature
into consideration, before the fourteen days had ex-
pired within which election petitions might be re-
ceived. A. Committee appointed to enquire into the
rounds of the present complaint, must inquire into
faces which might afterwards become the subject of
investigation upon a petition for an undue return. It
would thus open a door for drawing cases from the
consideration of Select Committees, and making
them matter of discussion in the House itself; to the
renewal of all those evils which were found to pre-
vail before that sy tem of judicature by which con-
tested elections were now decided was established.—
Ile recommended, therefore, to the Honourable and
Learned Gentleman to postpone this question tili the
tourteen days should ha . c elapsed. There could then
be no objection to his motion for referring. it to a
Committee of Privilege., if no election petition were
presented in the mean t me.
Mr. DENMAN expessed himself grateful for the
advice of the Honourable and Learned Gentleman,
but begged to state, that he was wrong in supposing
that the petitioners were not freemen of Oxford, or
sere not qualified to vote. It appeared also to him,
that the Honourable and Learned Gentleman had
carried the effect of the Act of Parliament too far.
It might be desirable that it should, but the law in its
present state did not exclude any person from com-
plaining to the House of a breach of privilege within
the fcurteen days. Every subject had therefore a
right to expect that his complaint should be imme-
diately considered. He thought too, that the come-
mfences of a Report by a Committee of Privileges
were somewhat exaggerated, when it was supposed
that it would necessarily embarrass or mislead fifteen
gentlemen, acting upon oath, whose duty it might
afterwards be to advert to the same circumstances.
Under these considerations, and with a full know-

ledge of the respectability of the petitioners, he did
not feel himself justified in consenung to any delay.
Mr. C. W. WYNNE then obkervcd, that he had
understood the Honourable Gentleman to have said,
at first, that the said petitioners had no local con-
nection with the City of Oxford. He felt, how-
ever, the difficulty which he had already urged to be
so strong, that as the Report of a Committee of Pri-
vileges must, if made, lie on the table till the four-
teen days were expired, and there was, therefore, no
reason for dispatch, be should take the sense of the
I louse upon the question of receiving this petition.
.An Honourable Member observed, that it was im-
possible for the House to know the nature or sub-
suivice of this petition till it should be read. All that
%% a, stated by his Honourable Friend was, that it con-
tained an allegation of a breach of privilege, by the
in,erference ref a Peer in the election of a Member to
wi-ve in that House. Such a complaint, he appro..
liended, it was their duty to attend to at any time.
Mr. TIERNEY could not conceive upon what
principle the House was called on by his Honourable
' Friend to reject a Petition, or to decide that they
would not receive it, before they had heard it read,
and merely because it related to a breads of privi-
lege—(Hear, beer).—lt would be soon enough to
dispose of it, or to postpone its consideration, when
its contents should be fully known. With regard to
its merits, he was entirely ignorant of then, but he
was most willing to believe that they were favour-
able rather thar otherwise to the Noll. Duke.

Lord C. S. CIII:RCHILL repeated the expression
of his anxiety, that an early occasion mi;iit be af-
forded of vindicating the character oust conduct of
his Noble relation.

, Mr..WYNNE thought the statements :n the Peti-
tion might, by being read, in some degree prejudice
the consiJeration of the (itie,tion by an Election Com-
mittee, but was willing to yield to what appeared to
be the sense of the House.

The Petition was then read. It alleged various
acts of bribery on die part of the Duke of Marlbo-
rough, in furnishing entertainment, gifts, and rewards
to voters at the late Election for the City of Oxford,
in order to procure the Return of General St. John
as one of its Representatives in Parliament. The
Petitioners offered to make good their charges before
a Committee of Privileges, and in such case, prayed
that the House would afford that relief to the com-
mons of the realms as in their wisdom should seem
proper.
Mr. DENMAN moved that this Petition should
lie upon the table.
Mr. WYNN said, that as he heard the Petition
read, he had si eal duabts wherthpr this vra• not in if
an Election Petition. It stated a fact, which, if
true, would render the Election void, alleging not
only that large sums had been expended for the pur-
pose of procuring a return, but that by these means
the return in question hail been effected. If there
were any doubt on the subject, it might be advisable
to adjourn the consideration of it till -Monday next.
The SPEAKER observed, that if there was any
doubt with respect to the point alluded to, it might
be more judicious to adjourn the consideration of it,
than to decide off hand a question which must de-
pend on the force of particular expressions.
The Petition was then postponed till Monday, and
ordered to be printed.