The Statesman.
London, England, 1810-05-18 00:00:00

that the prisoners in qaegion might, by the legal
aperatidt of wriis of error, be li!tereed from New.
gate, it ordered the Scrjeant at Arms to take them
into his own custody, and transfer them to the
Gatehouse; w.tich order, say the Lords, in an
address to her Majesty on this subject, 66 was
excavated at midnight, with such circumstances or
aevarity and terror as has been seldom exercised
towards the greatest offenders." In this tranifet
of custody, Sir, a vigilant public will see a prop
seeing which a molc.eycd corps of precedent.
huutiagJawyers may quote as au authority which
_way justify some future House of :Coasuboaa.-iu
tramkrritig its victims to Cold Bath Fields oft*
-than rocks of Scilly. ' . , ~
ilk! people of EnglanOir, will yattb`triih
fakeiety the legal • proceedings erhieN 'are 'now
, •
•pantla.. ng ; sad if they 'final that eithit momentous
;riaestion of the pima of the Speaker'i war.
rant is itrectuded' fillip 'being decided by. a
• Jory:.:,if. thy heir i'"Ointlintation .Of the 'ilpc.
• Mao laid don! by 'Air. t Jiiifice Pownr.r. and
Ikir, Jeitlee Grsch.n, in MI Verdi 4704, "'that
'lf, epeariospeetion of the / Aker'e Warrant, it
Amply it:timid ,that any.:to ore :of 'At Court of
King's Bench are cohollited by tie ifttusc of
'Commons, the jurildichion'of Alit Wit: ceases,'
they Will feellngty.agvee 'with 4he reMark made.
upon the asitaniptions bf •ilte niinie of Conanns,
of 1704, by the I.4Orcls, which declares in''sub.
stance, thist, 0 In no country where the govern.
meta Is not arbitrary, is the judicature ht the,last
resott plseed.in' the hoods .of the originators of.
hsW, and prosecution." .• .
ia.
$1 the 'doctrine of Jeitices Powt. and Gourm
bemsinteined, °•Dittstelfornptis," if It be so.
)cmnly &treed that ne cbak is, competent to'eth..
!mina whether a subject, under reetreint by' the
Speaker's •Warrant, as issued by order of the
Douse of Commons, be detained foe lieu!
aml sufficient cause or otherwise,
.11414 '.Sir,
the people will anxiously inquire,"*.itUt this
Horse of Commons is, and how it is coistituta.
Be not alarmed, Sir, I will not aftlict yuieviitli *We
thrice told tale of Old Sarum, St. hfew'sts,'atid St.
Gernsaiqs. I will not torment you by antlyileg
the masterly Report delivered to the Society of
the Frieods of the People, on Saturday; the lith
pf February, 1793. Ott'thbtopic may' come
to an important conclusion by a much shorter Way.
Of .4to years, Mr. Justice 131..iestirrons, its whose
luminous pages I was eariy taught 'le trace'and to
venerate the principles of oho English Constitution,
has been condemned as a visionary theorist, and ,
we have been incessantly referred to the 66 praiijee
pf the Constitution." And in the course* of
this practice it is established as a political.axiom,
that the Prime Minister of the Cror,n; for 'the i
time being, must iiiiir ''s wai -6 ter thb:liotielof
Commons. So fi.thly intlecd is tithe avid ANA
blished, that when the Mirrilfer 4 Instiiiiirit liray'll
he ;t the same time loses his ofNce. Behold, then,
Ole.. .Into what K monstrous propoSitlen the claim
df the IlonK-Of.Continons ittiktics Hien', namely,
4'i•That the glifister fur tire tiiite being shall have
power, by the iiigiTuinentalitY•ef that 'Amiga," to
imprison during.iiiipleastire any of his Majesty's
subjedts, whose polttield sets can, by any ingt.
nuity , 'aterpudati as trenching upon its privr.
efillt
leges.".:;...t was .istrtly observe by Jvirrus, thati
.14 the undue influence of the crown play answer ,I
;very purpose of arbitrary POwer."
I need not point out to youi Sir, how dangerous
on annoyance this power, if formally sanctioned
try law, will be to the friedds of Opposition. If,
however, the Opposition ocelisionally call for the
exercise of it, for decency's sake,• the Minister will
rot be able to deny them that exercise. Then
wilt be repeated the Scene between the trinuivire, WO
well described by our immortal bard, in the tray
gerly of .Julius Caesar. Victims will be mutually
interchanged. Sortie future Possosa may de-
mand the incarceration of a REDHEAD YORKE ;
and some RY nut yet unborn, may say to some fit.
filve revi.fsionist-44 Prick him down PERE EVA. L."
'rho . Minister may demand the sacrifice of a
Prosy ',' and the leader of Opposition may cry,
•0* Look-, with a spot I damn him!" The elfett
df Bich proceedings at the nation at large, I leave
to the consideratino of tilt those who wish well to
the Constitution of their country ; and I call
upon the peo;sle of the United Kingdom to me.
ditate upon this truth, that it is mainly by having'
haul recourse to'the law of the land, to prevent the
possibility of their occurrence, that Sir lie.t Nets
!ler:tart has incurred the avowed displeasure of
the two parties into whieh•the House of Commons
is now divided.
What, then, it may be ash), is the House of
Commons to be stripped.of its privileges ? God
turbid ! Let that house be armed with every pri.i.
vilege which is necessary to enable it to execute its'
important trust. If an humble lailitidual may lie
allowed to give an' opinion upon such, high
matter, I week! hog leave to suggest the fol.
lowing clue, which obey serve as a guide'
thrdugh the labyrinth Mt which men's thoughl I
seem to wander upon the subject of privilege.!
Let us hear no snore of constructive &nitrite.'
tions—but let privilege operate to remove every
real obstruction, that word being still construed
In a large and liberal sense. If in the course of
any Inquiry a witness, being summoned, re.
fuses to attend, let the House arrest and punish
him—because he obstructs the public business:'
----If any one under examination before the
• House stand 'contssinicionsly mute, behave in.
decorously, or prevaricate, let it commit him;
because he obstructs the public business. This
process titiilesitly grows out of the necessity of
iiie.case, and .an neer. Ise invidiously resorted
its. 'ln • these, awl sitallar instances of wroags
vedireis •cair be had. likie•other Court, and
the lidos.: is. ecoupeited to redress itself. But
in eases of .libel,* the general muse of cum nsittals,
%o real' obstruction oecurt. 'The Courts below
are-open, and yuh may east *gored, that if ,the
iltstapfeints Of the House on this head are nut cep.
pus wird friv..lotis, the attending parties will Ala
sbi4 wicket, end that they will be visited with a much
Iteserer punishment than any whits its memberi
litfttld'elloose to inflict. •
• I remain, Sir,
..:• ' . Yours, &e.
ightstfeee near t.tveipool, Mne 15. W. SHEPHERD,