The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-02-21 00:00:00

HOUSE OF COMMONS.—MormAy.

Several petitions were presented by gr.Wiiliams, Mr.
Benjamin Wood, Mr. Mark Phillips, and Me, Eume, from'
various places, for the abolition of church-rates, and the dis-
charge of John Thorogood.
Mr. VuLiena, in deference to the wishes of many who
were interested in the question of the corn-trade, would not
bring it on before the 20th March. He would give the usual
notice for some early day after the 20th March.
PRIVILEDE. •
LORD JOHN RUSSELL presented. another petition from
Messrs. Hansard, announcing that a fifth action• had been,
brought against them in the c,urt of Queen's Bedch, by John
Joseph Stockdale ; and that they had been served with a
writ of summons for Thursday, the 20th February instant.
Sir E. Scopes( asked if it were true that Mr. Howard,
the attorney for Stockdale, had brought an action against
the son of the sergeant at arms ?
His LORDSHIP answered that he had received no Official.
information on the subject. He then proceeded to state that,
in order to prevent judgment being.. signed against Messrs.
Hansard, it became-necessary for the house to say what course
they would think proper to take, in order to maintain that
privilege of publication which they had already so frequeutly
supported. It appeared to him that the most proper course
to follow in the present case was to resol'ie that the action.
was a contempt of the house, and u breach of its privileges ;
and that any person who should • act in pursuance of
the said action, would -incur the displeasure of the
Douse. He iproposed to move; that reaolutioH •with judicial
reference to dist:Jaime-shp would have to act, in prosecution
of the judgment-in the easses7nurnely, the, aheriffs.of London
and Middlesex; the nrider-sheriffs,:•oacers,
.bailiffs, 'clerks,
and others. He would first move that those partite would
he guilty of a breach of the privileges of theiseuse by aiding•
In the real action, and then, that care be taken to inform the
sheriffs, under-sheriffs, and. others, of the .resolution. His
lordship concluded with moving That John Joseph Stock-
dale, by commencing this action; in which service notice had
been given to the defendantao attend a writ of inquiry on the
10th February, such action being brought for acts done by. a
servant of that house, pursuant to the orders and resolutions
of that house, made in the exercise of the privileges of par-
liament, had been guilty of a contempt of that house, and of
a breach of its privileges ; and that the sheriffs; tinder-She.
riffs, and others who should aid in the prosecution of the
said action, would be guilty of a contempt of the house, and
of a violation of its privileges, and subject themselves to the
severe censure and displeasure of the house." If that reso-
lution w. re carried, he would then more that a copy of the
said resolution be served by the sergeant-at-arms on the
sheriffs, and that copies of the same be served on the under-
sheriffs, bailiffs, clerks, and others.
The first resolution having been put, Sir EDWARD SOGDEN_
called on the-house to pause before they agreed to this reso-
lution. Action upon action icould follow, and they would
still be, at last, obliged to have a legislative measure, and so
to address themselves to something beyond the powers they
at present pos-essed. He opposed .the motion. •
Sir CHARLES GREI- expressed himself at a loss to under-
stand the course pursued by the members of the legal pro-
fession on the other side. With the highest legal authority
on the other side in favour of the privilege of publication, he
would ask them. what they would do to put a stop to the
• • actions continually brought against the servants of the house, 1
. .;eciAons of the court being against them Ile atoul&I
tisi,quesi.ion to the ulz,ulhers of the legal profesaion,lp
. ~.at uou,e who acknowledged that they possessed that pr
v.te..e of publication, but who would have the bbuse stogy
. ••,..etedings, and-allow an appearance to-be eft.;
i.s-- --what a cold you do if the :decision of
• escbequer chamber and the -House of was.
you ? Did they know whether the mernbersaaf this.
ou.d support that house in the-vindication of
ivitege ; aid would they then lend them aid in resist-
. .. .ne decision of the lower-courts ? . If the -house was not
. ,:f this, was it possible to do less than ta adirer.to,
• s t' is house had taken, if they did not intend
. _ it %lieges, and suffer the. decision of the
..ni6 to govern . heir proceedings ?
vi, on, the •esolution was carried b. y a majority of

•.
ces 1 .tion being put, that copies of the former
can WU. .4 a. d o the sheriffs, under-sheriffs of Middlesex,
ti.t eterks, fficert,, bailiffs, and other parties taking part in
• et-dh,gs, •
GDEN asked whether it was intended,
• ;,er -.r! wt.," to include the jury. Lord JOHN
• r ski •ti tie negative.
,wici:v+i:heo to remark that, although be entirely
nur,e hat.trto pursued, the house should
• • tie thou, t Stockdale and Howard should
war, increased :everity.
KN:TCHBULL wished to know what the noble

;,,

His torn/mop answered.7-placed in close custody, and not
.1, :.0,. ea to see their friends- except under restriction.
:.. .%.!*: Lir inveighed strongly against the suggestion.
EL. observed, with reference to the sugges-
-.,
ai.,..t acillutwitst;aeCi7oNl;.le had,that it was obvious: that he did not
~,
ptrions. b they should proceed vindictively against those
_uetr
.that they should adopt. such restrictions as
~,
,N,_'Oellldrictld it more difficult for them to continue to violate
,12
~,privileges o the house. _
Sir mammal) S . . .
t ongN congratulated, ironically, the noble
..,.. lord on his suggestion, and observed, there had been n instances
of the tyrannical exercise of
-power by arliament beforenow •
wasofoool
a mautitzs wasin found which ordered the torture to
supportcontended,
of its privileges.
Mr. INGHAM .that when a party was sent to
prison, he was not dealt with according to the good pleasure •
of the house, but according
te
law of
the rules for the government
the land.
.:-.; of gaols. and down by
-.., Lord JOHN IltssELL vindicated
anci the course pursued by
;. the majority of the house, observed, that an attempt had
:1 been made to attach a meaning to his noble friend's words
-,. which they would notheir,-his lordshipsatt Proceeded to argue,
..-. from the judgement delivered on. by Lord Denman,
, cc that the publication would beheld
linivac?eolrli
asthe courts to be
. a, report -of . a,
protected, if the re.port.,na,. fairly
political proceeding with which it was of importance that all
for.had admitted
men should be acquainted," that his lordship
all that the majority of the house contende' What
that majority complained of in the course of these
: logs was, that the court of law took it for granted P'tl'i°acteet}e
s
proceed-
:house of commons was engaged in publishing a series of libi-1
a for the sake of selling—(hear, hear,)—the house of commons
haring, at the time, no interest but to make public that
: which was for the public interest to know—(hear, hear)—
• showing no private enmity against any individual; having no
wish to make gain or profit by the publication ; and, under
these circumstances it was that the majority of that house.
held that a court of law was not -entitled to look upon such
publications as other than privileged publications. (Hear.)
Suppose that the House of Commons were to assert that a
judge had no right, in 'a court of law, to mak. any sc.rprnprit-
reflecting on the character of an individual; but it was not
to be permitted that in a public court, full of spectators, any
thing which could be termed a slander should issue from a
judge on the bench—(hear)--such an assertion as this would
be equally unfair and absurd. It was -well linown that the.
judges, after hearing what had been adduced before them,
repeatedly, in their charges made statements reflecting on the'
ins Jona. i
ns ii court'. mi. was
in the coure bf
united Commons of th: which was instituted the
taken it for granted,
they-
; and they ought not to byhave
litved, that it could he er ought not wantonly to have he-
the object of the. House of Commons
• to
__publish private libels u
The resolution was then pPupt!lanadnigrincleedivtoid.
Mr. James Hansard was ual-
afte.rds examined, w-i(tChilaeleireaw
parties .)
to obtain the names of the es b
strved; after which the y. whom the writ was
Afroa.:4Er GENERAL moved that Mr. Pierce and Mr.
Howard, be or-
Howard, jun. the clerk, and the son of Mr.
dered to attend at the bar to-morrow.
Some discussion took place on the subject, and the motion
was ultimately agreed to.—Adjourned.