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

embraced. a certain profession tht all theetkilvan.
taps attached to that prof:cesium should be pre-
tieivetl,• but that it wac also tho interest' of the
"eountrjr in which that profession was exer-
cised..

Lords II ARROWBY and REDESDALE em.
•
kratied the same opinion. •
'Lord 1101. LAND made a short reply, and in
acquiescence with the opinion of his Noble Friend,
Lord Grenville, proposed withdrawing his Rest),
.
lotions. • 4
After some observations from, the Archbishop
of Canterbury, the Bishops of London and
cht•steg, two of the Resolutions were withdraw*,
and the motion the third Resolution was aegis' ..'
tived.—Adjourned.
• •
HoUSg (l' CQMAIONS, MATT
On the, motion of Mr. W. POLE, the Dublin lAospital
Silt was read a third time and passed.
Mr. 1V CHER FORCE postponed the second reading of
the (lverseers' Bill to Toesd,l-
- Committees on wish Malt and Ways and Means were
postponed till ltalmelay.
Ott the motion of Mr. WHARTON, the Oil of Vitriol
Bill was read a second time, and refeteed to a Cammittee of
tile whole House un Mond ty.
• On the mtittna of Mr. WHARTON, the Wese-India
wailer Bill was read a second time nod' corntsiitted.
'Mr. LUSHINGTON hrthrght up the Itellort of thesEx-
chequer -Hills Annuity Bill.' The Amendments were agreed
to, and ordered to be engrossed.
Mr. BYN(i p,Lesentod a Petition from the Market Gni-
deners of Surry, Kent, Essex, and Al iddlesv; praying un ex-
emption from'certain Clauses in the Highway Act. It-was
Ordered to lie on the table.
Sir J,, SINCLAIR postponed the farther consideration of
the Report of the Higlilvay Art till this day six month,. Ile
moved that the *Report' of the Turnpike Roads Bill he now
taken into comideration. the Bill wes.ocdered.to be re-
contained, manta which
Mr. BYNtxlnoved that the Petition of. the Market Gar-
deners should he referred to this Committee.
Time House then went into the saute Coitionittee, when the
various Claws were agreed to, and the Report received:
The Pith 'Stage Cot eh Bin Went thrObeh a Committee.
The Report was ordeied to be received on klunday. • "
The LORD AD VQC ATbrof SCOTLAN D obtained leave
to bring in a Bill fur Repairing the Ittinds of the Hightail*
ami•Bridges of Scotland. He then brought in the Bill, which
Vias.• read a first time, aud orslered to be read a second time un
Wednesday next. '
Olt. ABERCROMBIE, as he caw the Lord Advocate of
Scotland in his.place, took the opportunity of tasking' him if I
he intended fothlling the solemn pledge be gave last Session of
bringing in a Bill to Amend the ilatikrupt Laws of Scotland.'
The LOUD ADVOCATE of...SCOTLAND, In
stated thut he certainly had, been called on to Make thil
pledge, hut bad refeged. However, he wished it to rte under-
itood that he had'received such' information as led hits to
think that the People of Scotland would •be more pleased if
those laws, with a few eticeptions, were allowed it) remain
as they are.
51r. FOSTER brought up the Annual Account of the ti-
ceus'o* paid by Lottery (I,Sices Keeper; in Ireland. Ordered
to lie on the table. lie then moved that the House should re-
solve into a Committee, on .Mooday, to coOsider the Irish
Sugar Drawback Act, which wassiardered.
FOREIGN. EURO-. - •
The Rouse went Into a Comtnittee 4111 foreign Silica. •
Mr. ROSE moved the follbwing itescdetiou—" That the
Chairman should ttttt ve the Houle for lea,ve to bring In a Bill
to iiiishibit the I utportatibn of Foreigil Silks, mud to Intirease
thtt sluares of officers In seizures."
Sir J. NEWPORT had uo objection to the Resolutions '
which was agreed to..
Mr. LUSH IN GT(AN accordingly moved the House, and
obtoined leave to bring in the Bill.
' Committees were appointed rtliake into consideration the
Militia Estimates of Great Britain and Ireland.
Mr. GR.ENFO.I. gave notice that he would on Monday
move tar t7opiei of the Corresentitletwe betweed his Majesty..
Ministers and the- Cotainisamtloi of Assessed Taxes, bn the
a .
subject of retrospective surcharges.
Alderman COM BE brou,ght tip the Report the Embez?,l
zleinent ; the Amentlinents were ordered tole engrossed,
and the Bill to he read a third time on Monday.
Sir J. AISTRU (HER. brought the Report of the Com-
miller. on East India Adair*, which was ordered to be
Itrinted. ' • •
The Foreign Linty! Bill was read a third time and pawed.
Mr. it. `l>f A RD jtodfroned his maim; relative to lac Navy
Estimates and additimed Seamen, till Monday.
Mr. SHERIDAN slated to the liouitohat bn consequence
of a mittsber of 'other SpaniSh Papers being necessary. to be
aided to those heat:rad) Mb i•lied for,he intended postponing It h
motiant on 'this 4iMject. On looking Order Book, he
' found the longest day he could fl x oil to be Friday seratiet,
ow which be 'Mould positively bring the question forward.
SIR V. BURDETT. •
• ,
The SPEAKER acquainted the llouse that he
had received a !Ater frum the Earl of Moira,
hich, If it was the pleasure of the House,
•
would be read. • The Iftfer •was in substance as
follows :
, M. James's place, May 8.
" SIR—Mr. Garrott', my Solicitor, has represented to me
a circumsbuice, whiCh 1 think inceinient on the to impart to
I yea. It is, that Sir F. Burdett lilts commenced a suit io the
Cmirt of King's Bench against me, as Constable of the
Tower, for illegal detentitip in prison. Ido not write this
for the purpose of soliciting your interference,' as I have al-
ready directed my Solicitor to defend the action, on the
grounds of the warrant of the Speaker of the blouse of Com-
mons, and that of the Secretary of,
f, I am* Sir, itc.all . MOIRA."
The Letter was. cred to be entered on the
Journals.
REPORT OF THE COMMITVEE OF PRIVILEGES.
Mr. nixrgi GIDDY brought up the Report
of the Committee on the proceedings had 1114 to
Iris bad on the notices, &c. of Sir F. Bartlett.
The Clerk then proceeded to read the report,
I.which was of cousideruble length, and to the fol.
•
;spying purport ;
After recurring to the eyents of the hit April,
the report proceeds to enumerate the various sub.
jects of its consideration, namely, the Speaker's
Warrant.; Sir F. Burilett's fetter; the report of
the Scrjeant at the 'air ; the notices, process, ant)
writs on the speaker and Sorjeant, w hr,ch latter,
the deport obsfryes, are subscribed with the name.
of this, ,Splieitor, and are for the purposo of
bringing ac a restion in a Court. If I,ar the
conduct of ilia floupe. It then states the wish of
the Committe to cOlect as nearly us possiohir, in
orqu view, this importaiLt subject, stud to prim.,
from Parliamentary History, that the righetif the
Iluute jci committing to prism? for breitch of prt.•
Allege is well foutttled on many illtances aud Pte.
cadeots, to state the various plueeeqings at Jaw,
anti link. pelttitowle4ped analogy -to tho pairu
„tn
•

van!

. . .
questiott. `These tatter topics, however,would
be reserved for soother report. The Committee
aauld confidently state that the practices adopted
were usual, and-founded, Mk the instances which
arose from the proceedings of Chyle'. Y. and, H.
when their inuivations were resisted and, re-
sented by *House of Com Mons; which filially
agol direbily led to the Bill of, RiglitV." The tom..
mittee did nut hesitate to say, that • an. krticle of
the Bill of Rights directly extended to the present
case. ' On thy subject the law of. PartiaMent is
especially declared in the. rolls of (Anil VIII.
when it appears it was expedient always to allow
full costs and punishment fur the protection of its
privileges. The report then cites the case of Sir
J. lilliot in 1604; and then . that of J. 'Fo.pham
in June 1679, who' Was•.iSerjemit at Arms, and
against ithowt,', hi. dildiiirgng the cpatmands of
the House a-judgment bad been treated; on this
the House resolved, that the Judges of the King's
Bench had been guilty of a breach of privilege;
they were accordingly called-to the Aar, when Sir
F. Pemberton, and Sir F. Jones, stated that the
House was right in its decision. The report, at-
ter mentioning a few more minor cases; goes on
to state the conduct of the Housela various ltro.
ceedings of arrests • against l'llkinbers- and their
servants ; on this subject it cited the opinion of
Lord Chief Justice De Grey, which was, that if '
a Member or a Member's servant was arrested, it
was the privilege of the House that he ihould be'
immediately delivered. The Committee had nm),
Instances of this before them; however, in the
• iltli and 13th of William and' Mary, this privi-
lege was -curtailed, as also sin the reign of Queen
Anne ; still'it applied only•to delivery frutri at.
rest, and did not limit the rights of the House.
with respect to breach-of privilege. It appeared
to the Committee, that instituting an action against
the House was a breach of privileges, 'and that
.•
eevera; instances are on record. of ;Kocceding nut
only against the party who institutes the action,
but against the Solicitor. The report conducted'
by'stiggestiug it as expedient, that the House
should give leave to the Speaker and Scrjeant to
appear in Court to explain 'the grounds on which
they hid acted; MIA to plead in abatement of ju.
risdiction. -
Mr. DAVIES GIDDY, before the motion for
the' reporilying on the table, thought it necessary
to slaw to the House the three modes of conduct,
either of which It might pursue. First, he would
have adyised a prosecution at law to be entered
I for a breach of the privilege, of the house, • had
there*. on looking foto the ilotaroals, itppettred a'
'Pall of this nature' chalked out by the .Con-"
stitution. The second, and 'the' better yay,
would be to commit 'le prison, for breach of
privilege, the rum' who had Served the pro.
cess. That this power has belonged iova-
variably to the House is evident; but if, in' the
present instance; it was unwillitig to exert that
'
present instance; it w unwilliug to exert that'
iowcr, at the aim time it should be understood it
Was within its reach. However, the House would
decide upon this; The third mode would be, to
direct a Court below to institute Pleatror. With
respect' to this; lie avished to suggest' o the
.house,
that if ir should' thitiVright to allow the Speaker
nail Serjeant to plead, they must either plead qn
abatement of jurisdiction 'or in bar.- The latter
would require some time, but if the foraier .was
adopted no time would be lost. Ile understood
that to-morrow was the last day of hearing such
Ipleas.—Ile moved that the Report should lie on.
the Wile, • ' • ~ ;.• • •
' Lcials d MILTON 'observed, 'that no one could
sit silent after hearing the conclusion of thelion.
Gentleman's speech. lie understood that the ob.
ject of the Report was to defend the action which
bad betel instituted against the II mise. If the
SPeaker • Were' to appear in such -a 'sititation, .0.
the 'Court were to proceed with the action, the
House should consider the situation in which it
would, be placed. We are.' about, said the No.
biiLOrd, to defend an amigo) in an inferior Cel'irt,'
when we know that the only appeal is to the
Houle. of Lords.; the consequence resulting from'
this is, that our privileges are to be decided on by,
that noose. 'Was this House now to'give up the
atliantageS it had obtained ire the case °l'. the AY-
lesbury 'erection, and trace back the path it had
proceeded in fur a century; Whatever might be
pone ' with the report, he considered of inferior j
daoment; but he entieated Gentle Men 'to consiqee
'the fatal consequencei which 'may ensue if this
'doctrine is acfolited. Wore the privileges of the
:House'of Comihons to be overturned in the Court
of King's Bench P Were th'ey to be then frittered'
siva), ? He 'Overheard a Noble Lord near him-
(Lord Pulhestunc) call those privilegei illegal,.
but he would maintain thtly were not so' .1/ear,
hear! a—they were founded' on the law of the.
laud, 'and if permitted thus to be attacked and.
taken away one after ;mother, those privileges
* which the country was pristected, wouldsoon '
case to exist. Granting thii one of 'these 'pri. i
Tileges was 'improperly used? was the Ifonse on
that ac6tifist to give up one of 'the !greatest safe. I
guardli it sand the nation goasessed ? Ile hoped
that Providence would avert the day, tha; the!
Speaker of the House of COmpon's should. 4p,
pear a pleadet at the bar'of the Court of Rinses;
Akita-41s might their privileges be said to
.
At an end,
Lord FoLimrpris said, that he should not
I)Ose offered himielf tee the atterttlen of the House
Io tliii ,sage of 'the diseossion, if it were nut for
the 'tosoil in which his Noble Friend had advert-1
ed 19 f pirtliular expression which he lied hament.
ed to lite: lie differed from the opinion ofloe 1
Noble Friend, that there was no case mu which illsi.!
. .


•

- .

. •