The Statesman.
London, England, 1810-05-12 00:00:00

gal privilege might not be assumed and ex rested by
that House, and become tkesubjest of dise.assi on in
the Court of liing's, Bench. Did his Noble
Friend mean to argue that nu tine for such a re-
ference coulti come? lif it were his Noble Friend's
doctrina that the privileges of that House rested
upon precedent, wuald he push tho•te privileges
to the full extent 6( 'the pitscedents ? Would. he
_press his doctrine to this extreme, th'at •tillattirett
might be tlhe ininstiee or ottpretsion belonging to
such an 'exercise of privilege, the subject must soh-
.
mit, and could have no 'remedy inta Cotist of law ?
[ficar, hear, from Mr. tiptoe.] .S.iti)pom! - that
House should order a man to be committed f, :r a
stated time—to pay a tine, or tpsaffetaal di-giaceful
.
pun.'s:moot, .woulol the 'loiterer have no remedy at
law ? Soppose.the Souse should, for an Miegeil
trioletion of privilege, order a man to be placed
on hArsebnck with his (ace towards the horse's
tail, and so led to a pillory at Charing-cross, and
from thence toNthvgate to beconfined for life,would
the individual so suffering have no remedy ?-..-:
Vet for flies': things there were precedent. on
the Journals. Now, if Jones were to havestiffer.
ell as he had stated, was`his Noble Friend ot opi-
nion that he could have no remedy ? Yet each was
the tendency of the doctrine which he had advan.
cell. Fur it, peradventure, the House should rt..
pest such a precedent, the suif:rer, could have no
remedy • were his Noble Friend's iLictritie correct:
But the doctrine was quite monstrous. Yet if the
(loose, in taking any step on 'this occasion, stiou'd
plead against the jurisdietiliti of tie iourt of ;my •
upon the actions leferred to, it cupid -only mart
such a plea upon the misinteit.loce of this monstrous
doctrine. Fur his part, he wis in the case inune.
diately 'under consideration quite. adverse-to the in.
terference of the House. Ile aiiald either wish'
that the matter should. be ;lowed to proceed ac.
curding to the due course of 'Mw; But yet lie *as
not inclined to qu tire' with the rebuinineintation
containe4 in the Report of the t.:*Csoisuitiee, al.
though -he could pet coccur in many of Vie' cOn
elosiotts which it drew-f.
ront the eases referred tti.
For initaneecheitiuld never subscribe to the ayser.
thin., that the acts Which gave rise to thin diseuslion
were' at all within the Meaning of that, article .of
the Bill of Rights which had been voted. 'That
arlick ram. 41 to acts done within that•lloose ;
find were The acts then under discussion of that•tle.•
scriptiop ?—Ditl the breaking open of, Sit Fran.
cis Burdett's house .conic within that description a
The case of Elliot and Holien is, as R ')sulktil .be
rememhered, ait it refareitii 'to. Item • dodo within.
'that House, and by no means Analogous to the
case of Sir 'Francis OurtletA. •Yet the tipOiniii._
tee seemed to Put it as if it bore a •complete
aliqlogy. It would be else rememhered, that there
was a material point connected with that case which
the Committee entirely omitted to. police. . For
the lltitiseitself sued ont'a Writ of. Itrror in the
House Of )(,orris, in order to reverse the decision
:or di6 eourt of Law---,Therefore. the House WU
• .
'content to bring the discussion of its privileges .
before that tributillt_• at the, idea of submitting e . ,
to which s' many
•Gentlemen seemed to startle
on this occasion. There was' another omis.
Sion also in flue Report, for on allotting, to the
precedents, it declined to 'rote the argument of
Justice Pemberton, which it would be fur the ad-
Vantage of the !pine to read, before it Quo/ tic.
,aoconign this importaat question;' As to the ad.
vice ofthose e•litlenten woo,woettl urge tic, pit p.
'.priety of denying the jarisdiution of * 6)03: of
law upon this question, lest pleading in b.st Should-
let down the 'consequence of the House, he begged
them to reflect a little more calmly upon the all b.
jail: The law of Fatliement wet, according to a
favourite expression from Litrd coke, part of the
law of this land ;" tint let it bi.f considered that this
part could not-0%14110t tq be regarded its its. •
remount to eieut other laq't • . • •
• Mr. wtarr EAD rose With a vsiew to sap ' •
gest for the considerncion of these Gentlemen, W liU
appeared willing to enter into the general merit:tut
the subject, 'that the only question helot:0 the
House was, 'whether the Itepoirt of the Committee
should be alloWed to lie on the table ? With resv
peet to the course to be ouriued• upon Chili odcia.
tiitni, it wascertaiuly incutithent upon tiliepartigs,
both ministerial and legal, who hiur 6,11104
minsideiing it with the Committee, to propose that
' course. It was for them to inform the flouie, to in.
.teructits igeorancO, and not to wait 4ti catch the
feelings or to horrow frUM th? intellects of others.
But his priociPal motive in rising was to giite the
debate a proper direction, from illicit it appeared
to deviate. Fur • however Gentlemen might differ
as tiethe questiott or privilege, or the best rpodo
of inaintaininOt, he must Oink' the dispessipn
Of that difference quite irrelevant to the 411000
before thellouse, to wluiti he apprehended there
could be no objection. ,
Mr. W. WI NNE "greet, with the
_doctrine of
the lion. (.4mtleman (Mr. 'Giddy). lie las of
opinion that Whatever'related to the priiileges of
the flolunseilisishooiriil4be
il)lefiect discussed[
could
he
idirheettnnol nu where
cut,.e
else. In
to reason pr 'jostler,. e then quoted• Ilia
ee'se of. Mr. While, *ho in tip year 16pe, hod
been fined 10601. fur thulg gqilty of a lireaell of
privilege. It is cerniin that! th u
e t
-.oust! mjitot $1,,,v0
nbusesi•its•privilefes, in one oi twin IIISI.i!flfil, bull
it did not thereferefollow, that. it sliould totally,
resign them. • • Mr.. ft' Ux„ he•se'id, e 3% Of prioilist '
sitat it was abstiitl to 'tripe 9/1 the eatr% sties of pii.
vilege, which • WiV.e. r nicely liaraliet.d. t• 14
wincipte yfr• th!biiior tug' the priyii, gig of ISartia.
iiieuf was torttpia•ged,lhe Kin 'tinge/ ortlitr 'the aj
rte i.atinitoof 1414' in'cl,,,. intros t'i!, tp 1 el% lit 1.; itue. it...)
0 '4,or .iiud 0.44 lb is iiiiiia* e '3' • '
or . . , , 4.Ku. . hat the
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