The Statesman.
London, England, 1810-05-08 00:00:00

'1

which wets' its eisential characteristic. eha. ,
racteristic indeed had been correctly and lumine us.
ly expressed by his Noble Friend (Lord Grenville)
who sat twit to him, when he said, 66 that Parlia.
meat was the authorof it, 'edam, like our' ances-
tors, from whom we inherited Cur freedomoteshould
rally round PAitttfititat " so said his Lordship;
"because in rallyingronnSPaumesitee,or in other
words, round the King, Lords, and Coinmons,
we were rallying round the Constitution and the
Laws; around whleh ell were disposed to rally."
It was the cause of the immediate reference to this
sound doctrine that obliged him to address their
Lordships. His Noble Friends bad adverted to
the late exercise of Privileges by the House of
Commons, and of thesessation they had created.
If they alluded only to the disturbances in this
great city which they inhabited, he joined Its la.
meeting them ; but if they involved, in this gnaw
went, the legal resietante by those whe
been the objects of them—if they *Weida to
actions, which though not pending, were in
immediate prospect, he must declare that he
considered it to he a matter of the greatest inagni.
tude and importance, which the laws alone ought
to determine, and with which their Lerdships had
at present no manner of concern. If the Pri-
vileges of the Commons under the Constitution
had been invaded, the Commons wanted no assist.
ance from the Lords to protect them...the Laws
would protect them ; and if in the invasion of
their Privileges the Leeds' Privileges were by ana.
logy invaded, it less became them to be forward
in their assertion ; more especially as the question
might come legally and judicially before .them,
No man would more zealously &fend the Privi.
leges of Parliament, or of either House of Parlia-
ment, than he should; and lie admitted, that what
either branch of the Legislature bad been for the
course of ages exercising with the acquiescence
of the whole Legislature, would, in the absence of
Statutes, which would be the grand question, be
evidence of the common law of Parliament, and, a'
such, of the common law of the land. ,Thu ju-
risdiction of Courts rested in a great measure upon
the same foundation • but besides that, thine pre-
cedents, as applicable alike to all of thee', were
matters of grave anti deliberate consideration—
they were, and must be, determined in the end
81' TUE L&w.' lie knew that the contrary was
insisted upon by the Commons, when- they
committed Lord Chief Justice remiterten for
holding plea of them in his .Court ; but so
far was he from considering such a claim
as matter of argument under this Govern.
meat of L'iw, that I say advisedly, said his
Lordship, that if, upon the present occasion, a 0-
miler *tack was made upon my Noble and Learn-
ed Friend (Lord Ellenburough) oho sits next me,
forthe exercise of his legal joriediction, I .would
resist the usurpatiou,with my strength, and bones,
astri Wood.. Why was may danger to the House
of Commons or the Country to be anticipated by
sober appeal to the jadeite* of the Laws? It
his Noble and Learned Friend and hisilrethren
the Judges hall 410 in tied joky, vat the Privileges
of the geese of. Commons, they ..aauld say they
had nu jurisdiction. If they thoeght they hail, they
would give a just decision according to the (acts avid
circumstances of the case, whatever.thermight late
Theie fasts sad circumstances are considered, how.
ever, too clear for imptiry ; yet the Kier' At.
urncy General sod a Member of the House of
roaintons, When called upon by the Serjeant• for
toilviee upon- the subject, was. obliged, and most
properly, to admit that there wee no precedent to
he found fur his, forcible proceeding, and
that if death ensueiGlier weld not nadeetalte
to insure his agaieft 010. leativiethea, and an
execution for murder. Wes this the Omelet
of an itnntetnorial and an acknowledged jurii.
diction ?. But it was said that there was .an end
of the Privileges of Parliament if they moat
pray in aid the Xing, or any other authority,
to- support their jurisdiction. Yet, in the very
installed alluded to. they were obliged to pray
in aid the King...no his laws indeed, to which
the people would have ;mid the must implicit
obedience, but of his bayonets, which, 'when
contrary to law, they would resist., lie de-
sired to warn their Lordships against too hasty
a resort to force, until right had determined
its application. It was a dangerous resort,
which never could be necessary in the government
of the British people, when the laws were en the
side of authority; lot the laws speak first, and
if they were disobeyeill the people, instead of re.
listing, would obey, an I execute them themselves.
There was another view in. which this question
must be looked at. lie was giving tio opinion
whatever on the subject,' but stating rielr thereto.
Lion. Suppose there should -be positive statutes
upon this subject, before the possible origin of any
jurisdiction of the House of Commons—it was con.
tended that there were..-he was still giving SW opi.
nion •' but suit not open to the subject, if. he were
advised to plead such statutes in bar of the privileges
in the ewes conteolled for? arida:J.ld any authority
beta Court of Law over.rale such a plea ? could the
Commons themselves resist the elfect of such Sta.
tutee, to which they wore writes ? There might
be Statutes, indeed, on such a subject, which,
except in form, wanted no judicial cogaiesneei
cause every man could •read for ,Adeseelf. If a
written law would bear $ o. iniorpritatlens, and
I the wet st interpretation had been gists to it by a
series of decisions, that worst interpretation was
undoubtedly the law ; bat where a statute, 'peke
clear, plain, unambiguous langesies• the people
had a right to the protectiou of its letter, end they
ought to insist upon that protection. The Perlin.
meet might repeal it; but whilatit wss a Matnte,
neither the King, Lords, or Commoaa, or all 3 of
them, had any dominion over it. It might appeal-
he was putting an stoat iospossible bot un
that very ground he halt defended trees death the'
subjects of this country, and perhaps ale re
than
them ; their Lerdshipe might not We beets sitting
t"447 i 4 it'so• Wit these grounds he had,
not saesespfolit—tWended the dotolino of the
law& He Wostlhon twig theta earsspiriKy to levy
Wind the King was treason, as ian *Mack.
natural life et the Log ; he had said,
Millethestatois of Edward lip. snider any
, had said no abo. Ms was told that

wa a

STATESMAN.

Lords Halo and Coke were
he had answered, irreverent
respects rightly, that their our
against a positive', titian**
, many large dies 'buzzing,
!should for ever maintaii
said, " I would rather l'
mit to any dominion bin
1 the law upoothis subject,
any of your Lordships
not : and it would be criminal to surrender or even
to withhold my opinion." If Ise had-been warm
upon the subject he must be pardoned ; he could
nut alter his nature—what he had ever been
through life he mint be to-dap—what had been the
character of his mind and understanding must coo-
tinue to be its character. lie made uo apology
to his. Noble Friends for this expression of his
opinion. They would little deserve the character
they justly bad in the country, if they were capa-
ble not merely from courtesy but even from cue
--
Science and affection to compromise opinions
upon such grave and important questions. He was
most sincerely attached to the principles of those
with whom ho bad so lontacted, and particularly
M his. two Noble .Friends, whose unquestionable
integrity and superior talents entitled theta to the
great station whiels they must etOr hold in 60
inpioiont Of mankind. It, was to secure that pre-
.erninenee that he made theeeebserlatitm, because
he knew that nothing•could ever secure •content.
sent and happiness is this cosotry, but the ran-
TECTION AND DOMINION OW TM Law.
,The Lents were ordered to be summoned for
this day .three weeks.
CAMPAIGN IN SPAIN. .
The Marquis of Lansdowne fixed his motion re-
specting the Campaign in. Splin for Monday heat,.
fur which day the Lords were ordered to be sum-
moned, .
Adjourned till to.morrow (this day).
HOUSE OF COIMMONS, MAY 7. • 1., '..
Mr. BYNG Irld in his band a Petition against the Lamle"
Commercial Dock Billouut moved tbut it be btuoghlt, 4
but the motion was *Noticed witittoU' it divifina.-
Mr. TA Y6O It poipoised hie • notleir- respecting Sults •isi
the Ciotti of Chancery, that supp,d tug, Tuesday, the TM init.,'
to the Friday following.
General. LOFT brought up * Petition, stating dint air,
gross iniirepresentatiner had been made before the Commit $
on the Rotherbithe Dock Bill, aid praying that the Islll/0
re-committed. He moved that It do lie mi the table.
The SPEAKER observed, that as there was no imp**
Lion of fraud or corrupt practices, be very much questinwed
the propriety of reccivlogthe Petltion, and of thereby 4e,
horriug the parties to the Bill, which they bad. been u' 'Sift
prosecuting, from receiving the, besefibt. they .eight derive
on the passing of the Bill. The Petition was rejected with-
out a division.
Mr. -CAMPBELL brought op no scenes? of the toire4
tronsports in the public service. dalingslitiqng their statism,
Sec.—Ordered to be printed.
Mt. M ANN ING_postported the third reading of the Lee. I
don Dock Bill, to Thorday nest. ,
Sir.,S. ROSt ILLY pol,tvined his
_police respecting the
Convict, seed to New South Water. to Thamilay vest.
Mr. 11. SMITH possponed his native that aloud for this
day, respecting Cutleries as Gliunargaoshire, to this day silo-
right.
LETTER TO TILE WINO Of SPAIN.
Mr. WITITBREAD inqnired of 'the Right
`flon. Gentleman (Mr. Perceval).,Whom,hu saw in
flis,plaeei .If khe ilettfr that, bad appeared . is. the'
Lee • liettspapcif, p_nrporlins to be a lette4rom '
hisa
'bis. jesty to the Kin of Spain, aid counter-
4'silin bythellerquis Wellesley, were in authen.
l- • ? -
be copy .., • •
The CI(ASCRLLOR of the RZCOFfQIJER:'
replied, that it ;was iwt.rovrilesit 0 *newer. Ake
question_. niit 44 !i0,00.,*1 that It was at all
essential-Id* WWII Oftftiithat it should be an.
,
Mr. irtilst altirttrepntpd his question ;
ha On, chancellor ~ 114,Sqebeipier persisted
pfsir ! alting th p it erff Asit enaveniesst to en-
Or it.
tk i j '.
• '‘allft F. stfittirt +vitfteci ft TO TA
1.?.:“.. • : • . ' .111PRAKER. . . :. •.t ' •
• ..The SPEAKER. thought it .ismembent osilm,
before the House proceeded.td sway other business,
to call their stimulus islthe two menu :which he
.bad received. from Sir F. ifuedeetr signifying his
intention to proceed against him as Speaker of the
House of Commons, in.tar Court of Law,* for a
trespass, dm. and mbick.notiees he bad commitni-
cated to theta beforeAtbe Easter Recess. • As the
Law Term was now: approach*, be conceived
the [louse ;Hight to take iota coasideratiOn the
proceedings had, and ,tabs- hedli.oa a subject .00
deeply interesting. ... . ..--„; , ).. .0..-.. '..
The CH ANC ELLOR. of . the .11XCHEQUER
moved, that a Select • Conunitter IN:appointed to
take into consideration she proadsdings..had, wad
to he; had, with retinues. to :the notices b( Sit F.
Bartlett. , ' . I. • ~ - .....
• Mr. WHITTIftEAD• wished that Abe Right
I Hen. Gentleman would state the grounds on which
Ise moved fee a SelsoAkeemitheri- ••htsek.tiniedwel,
.elf peed since the.siotices• were first domartiiicated
.:the•Huuse, nod the. taro' of notice had almost
Itilepireil. The Rights Ilea: Galactose would, no
doubt, be table to state..his rations tor: anakiog
Abe 'notion ; hit had, sat it, esshkaot be 'espposed
I but that ho had, turned his...A*4o6on to the vies-
',Alan, particularty.is be mettosmersidert it to-thi se-
elous coesideratioa or. other )iteiwbers baton iNi
The CIIANCELLOR of the; EXCHEQUE,R
;thought the ilosseo Welt be Wiwi ibis to ditcog.
the question from the advise she, might necks
from a Select Committee. "•• ;.
Mr. ADAM objected tO•thelnotibn In ill present
.etale, because ,the .terms of :it wore too•ge.serat
It was his loteetleio to, litektain the privileges for,
tfitiloion, and. het *koala ostwesseat to 0,0
Owe asps**, body Ithe defaces ot-tbe I:riviisopt
.1 that Mona : it wt s ,corapetwitio the 4014111/4,
of its own fil 'to 'c:i :: • .%; : I Ikt, :.
The IP% • MsUd,tthat theleptiotorpo
;tot worried ass.seslt nantb.lllllo4o4l7'.nen lAA, ,
aggepally &Meet, '! sibeg 'An Coptamitlett dr. • 1
their. efreeseatium-tbefeNtr ~ft Abeie. t 1
tiiersoa",-.or kr ertlii3Osiema inielinffeetJ ' ' 1
',, : The CHANCEiJsOR for.. the ,rnagiUtri
ilsea. added, 4,410.11010.41ter de ripen their epi, 1
uillen thereise.s!,,,,,
~ i '•• ,v .
•i..;4111. ADAK visiliieglint,.the Committee siteeld,l
-be. restricted i tags Units report of theta, mot dist '
they Ilitnutd In ht.seMtud Week!' their report.enli4,
certain day.
The. SPEAKER observed) that it was eat

Tbettise.
estdiefirvezEr .ag bad time
* att
to taliesthir
un, and havi
tr
ng
reconinsended the consideration of the criestion
others, he could out conseut to delegate the power
n
and authority of the um to a Committee. le
the House chose to be led frogsone step to &pother'
from difficulty to difficulty, they would agree to
the motion of that Right lion. Gentleman, who
had shown that he did not untie:l-stand the geese,*
he had taken In hand. He should vote against 114
motion, thinkiegit more hoPoareble to come to •
decision immediately, tau to incur fresh difficul.
ties by supporting it.
Mr. PONSONBY observed, that motion en
in consequence of the Speaker's communication to
the House, •and that modem too was fur a Cm.
mittee to obtain advice as to the line of coodact
that they should pursue. He thought it a
.ques.
' lion whether a Committee was not MOM calculated
40 raise *difficulties than to remove them. teem
they received the opinion, e. ere they to follow it!
And it was a question whether even a report of
facts were necessary to enable them to come to 11
citation on the matter proposed to be referred to
the Committee. He did tint prettn.l to give any
of his own, and he thought it adviseabla
to adjourn the prose t debate.
Mr. Secretary KY DER. sai I, that hit Right
;Mon. Friend (the Chancellor of the Exchequer)
was only following the example of others, to ap..
point a Committee on an important and a difficoft
question; to exa:nine for precedeuts, and to re.
eon their opinion on such examination. That
. was the mode of conduct alone that he thought it
became the House to pursue. •No time would be
!lost, and he thought the report of such a Com-
inittee*would enable them to 'decide with.mure sa.
tie-action; both to themselves and to the country.
Mr. W. W.YNNE wished that the Committee
'should be to examine fur precedents, and fur that
purpose alum..
Mr. TI ERN EY observed that it was to be re-
gretted that the Chancellor of the Exchequer had
not takei into consideration the difficulties that
were likely to occur, when he so streuuonsly ar.
geed fur sending Sir ncis Burdett to thereat.
That Ives an.iostance of momentary vigour, and
the Rouse were left to get out of the difficulties
sathey could ; for the Gentlemen opposite did nut
know what was to be done—they wanted ad.
vice; that was the result of their rash conduct.—
lie would stet *union the motion; for ha would
not part with his privileges, as a Member of
Parliament, to any Committee. Ile concluded
With snoring tholthe intact part , isf, the question
be omitted.
Mr. IDIJbIPAS could sot conceive upon what
,ertneiple.tbe persuns who had voted a censure
against the conduct of Sir Francis
.Burdett altudd
now be diareett with weekness and ignorance fur
nut being able to fumeo that would be the re.
suit of such a measure. The Hole Gentkmaa
(Mr. Tierney) had said that the Committee ought
not to.heviebeen eared; ete bit speeificoeinion.
'But the fact wee, it-eraa not iatendetikt refer to
the Commiatee ;whether a breach of privilege bid
been committed or not, butfor them to iiiquies
what wet the beae.course to be pursued, and to
seeeelefeemedetits in order to guide the whole
Ilouseoseq,what would be the most adviseside
plan its the present exigency. limier these tie.
cunistances tie did fist think theta would be any
,impropriety in delegating to the _Cesmatitjes,eisp
power proposed
•by his ;;
Sir ARTHII.I.It:IIGGOT obsessed that it WS
now three weeks since a notice had been sent by
Sir Francis Burdett to the.Bouse, of his intention
to bring an action against the Speaker. for having
broken and entered_ his daellistg.house and cult-
veyed him to prison. lie
.did not cuoceire that
any. blame was attributable to his Majesty's Minis-
ters-fur. having .leted the committal. of that or
to the Tower; but he
.t.l.smfit. they Iwo
.bigisly censurable fur Imvitsceegered so Mg
period as three weeks topipm,eswe• in 4.eoeelite
extraordinary measure he had.. adopted.
Opcaker bad acted in obedience to the comment; et
tho House, and on receiving the notice alluded to
did his duty by communicatiog it, without loss
of. time.; it was then ordered to be entered on the
Journals, as a matter of course; and from that
Barg until the present no attention bad - been paid
to it.. Such a notice was a proceeding entirely
itewtand net alone unknown since the Revolutitia,
but bad never been knowu before. The privi.
Imes of the House of Commons had sometimes
been tieltioned ; but it never entered into the
imagination of any man thaten:action could be •
brought against the Speaker.,;; lest-slicer 04414
bile occurred where: actions had been brought
against the inferior officers of the Howse;
but sue) a monstrous and unheard of •novelte
as that which was now under its view had
never disgraced the history of the Country or
Parliament. This was (Me of: the noreltid
40teedeeed. in opposition Ao *tfie• Constitution,
lifthblettivliarly characteristic •of the new school,
mhielk disgraced the present times. Yet, notwith.
standing its siegularite. -it had not excited theholat-
;Sealed of Ms Majesty's Ministers, from w e'
ifilffillitioll,and4rmaa the influence they had over the
;deliberations 41/ the:Roust, it was natural to sup•
isavolhey weultaet have suffered it to pass as an
;Ordinary traumatic*. -Wens ordered to be en-
Eared oft thirifouttoals, .aad • beyond that no step
ithatescr had keen taken—this' extraordinary
aid
epattinepaper, called a notices passed by as if it
mottainad'nething calculated to excite attention.
Lffsichsiglectishe contended, might be productive
wf the most pernieiens and serious consequence,•
saribils.tfitteinety imprudent, on the part of those
-1,111.0ns who bad recommended the measure adopt.
:ad by the House (the committal of Sir Freesia
Burdett to the Tower) not to bays paid some• at-
tention to tills subject, and coatinccd the world

~ \ • - ----""79*".411
•
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. .
• ~. nom -
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----N., _
rere splint him; to which usual tO.llllllllwall—Speassy '--` ' Jay for the Coni—mittee7"6lll—o make'
rently perhaps, but in other their rufitlrsti LL.:.-1.,..
sir authorities were no more .he $ AIERWtion put the motion as follows :
mbiguons statute, than so 'h. 'that a Select,Cvdtmkpee be appointed to lake
g,against, 4 wall; and se he • to eunsiderutisli the ryceedings hail, and to be
tain. Lard Erskine here 'bid, With refereace lo (fp notices of Sir F. Bar..
r die, my Lords, than sub. den ; and that they rapps:t such facts as they might
it that of the law. I know
Aisik necessary, tooth! with their opinion theft,
:et, my Lords, 'as well as ts,' s
tsi the II ouse.'". ~
I;it is impossible I should Ali....Wlll'fliftEit.t) objected to the motion.
...im;.l sn surrender or even Thi?Chaecellor of =the Exchequer, haring bad time