The Statesman.
London, England, 1810-03-13 00:00:00

Tights by whisk sedoty w. 064 * protected,
or restraised, he must still advert the anonm'
custom, rooslited by lbe eakeimon sense of the
people. In this mitres of the ettamittation which
he proposed to institute, he should find it owes.. i
airy to state the origin, stature, and extent of
Parliamentary privileges. lie must observe, its.
the first place, that the Hone of Commoeis wa•
not the Parliament, but a branch of the Leg's'

tare, and that bouttoouta4 intisior rank. [Crie-1

order, and the Speaker reminded Sir Francis that
such expressions were inconsistent with the dig.
airy of the House.] .
-.Sir•FlLANCliresnreed. lle would net now pro.
coed to arrange the precedency, but the-points for
which he felt himself •einpoerered to contend were,
(hat the !louse had net singly the power of cow.
taitting any British subject to prison ; and that
the committal of Mr. Gale Jones 'mei a breach of •
the laws of the realm,- He felt * strong hope,
. that ,in the averse-of tbis discussiou, Gentlemen
would lay by those iodated ideas of 'privilege,
sit his* bad been so long .cherished- by them ; anti
in this. cue, following the surer gable of the great.'
lumitearies of British Las berms*, eyed even anal.
au, to do iii`set-of the first Petite, and. Undo.,
, one, which, upon his' most astute thoeght, he
felt to be beyond the •legitimate e.attcut• of their
.yeeters. Thit plideint.ition was, whether they
. 11014 pelieritWitimittiaig a British sobjeceto
In amieeries this question, hale;esesept.
Igoe it all loin *cis with- the riabt of the
Law, " arse their Aeon hlembers, conducting
t 40 limb las vietatioriadecorons ann.
mei. etas oeograad dbtioction that must
foette It apes thou...the distinction between.
privilego god rowan dis tioctioss ishatost as mark.
-id that Mptwren Cdfclice sad eirkere.- PO-
eile4ge was the kidectioo of the blerntis front
the biotite or tile eielsace of polls % at the
first laws which hu bed found, on • this pie( was
that its Spetssist..ity with* \laminas errr VW to
aster bite:V.oooo le jour .to Parliament ; and
from this ellegifigeotectien geese op that Monstrous
iermelindelinitepriviregw„ whirl they wogs nowt,/
judd. ledelinite privilege, the indefinite law of
Parfieseent...he -essild not understand the te.rats;
OR" walk &Welkin% us the wiry eapres.ion p fur
what was law, _but a. eathvt, µtwist', Plaills
dadostion of power and detime? By a law of
wardl 1. suits' wet, ant to 64 aorsird on against
Ittesatiltis 'atliedisc fatlianst sst. Its the glinted
that they sheeld not seller cairstatioe abuts they
Slightest he pliant t this was gradually followed
• iv the exeroption of their persons from arrest, the
tOrkuthptiOn of servants. • their estates, dud
• 'othetapecies of property. Those privdeges were
it length embodied into ftesulislion of the House
• by lord Colts, iknd amda. the law of Parliament ;
'but in ell this there well On
.spirit visible but that
ditor.t.; thee .0040* their own Aivelberi,
It week hiodierasktiadr own hirmbers, but
• ther.4oPPeti tilertt.tlititstrisr.thOught silo:tend.
lag theta to of ethers,. and still leis
el *rating them vilest: tbeipablir, estesialivited,'
recosalsed.la w of titila nab • 'Chute were, the u4ses
ot ;Arkin, at Ws* aad -the ..earbrelble %me
of Thorpe,. who eti fbeee., tei 'beaker or. fetid!
. aselsad t;rerk arrested. it was debateill
in full Parliament (for at that
.time the
did net ronceies -ate
whOle body et the Legislature) is'ltether- the
legs et Parliament 'hash! ourhe .pleaded; foie
cues wore stated by tile,' intro in which privilege
eetild eel be pleaded; Thorpe!' ease nut comb%
• 406* . Owe,
.he was adowed -to possess tink
:right '4" plead privilege ; but this plea, fully
sad Critioaily sibstantiated as it was, was dfrio
CROW * *Parliantent, on the ground that it
eres)d Woke a tallure of iestiee. There wail
time else of -Mr. Chedder, Member fur So*f.;..
srtstoite, Who had been beaten, and treated with
sleet ileience, out of the ouse: here there
was w attempt of tits Howe to take the luir
ieto their cote hands; be was seat to right.liss.,
mg by s coarse et law ; bet a law WAS made,
easetleg, that is f 0.4414 aslational prit.th les should
tall eo the wines who offered-violence to a Slew.
bee. Frees (bat period, down to the bone of tbsl
Long Parliament, god the civil wars, he could,
seemly east his eye as a single instance where
bviawroto hand of poloist lifted up itself to an,
rest the cousins at :law. At lite time of the civil
wale' the necessary usurpation i for he must C4ll it
Ls:* iiserpatiOn of rights, whitb that. (louse'
steasesary against the tyranny of a oils.
• gelded 311efterrit, pro them a feeling of privilege.
which exceelrd the aeteral atoll isslitablisextent
at parrommetwry powers. tie', like men who,
alter hosing ogee tasted the sweets of power, ber
coma aagec *to wain it, even to the injury of
others, and the ruin of themselves, the noose
grasped aftheir new privileges with a tmacieus
and ens a tjransiteal hand. -. The 'people were
conseiene of this ; but the Parliviseirt had become
ISO valuable to the people, he services had been

it was ingon.
A distinguished
where the anew.,
-ritxforward; that
'66 he cared no more for the resolutions of that
House, titian the siecrees of a parcel of drunken
'sailors." If it was to he contended that' the
Votes of the [louse were valid against all sense and
411 authority of law, then Mr. Jones must remain
fn prison; but if they cohld be convinced that
they had exercised power beyond ptirilege, they
would be eager to retract the measure in which.
they were implicated, and agrogoolth him in the,
motion which he ;should make, that. 66 Mr. John
64.10 Jones %basil(' then he discharged."
Mr. WILIAAM WYNNE had Ostrom& *ltir
deep attentioli to the speech of the floe: Barelett;
ood regreated. that he moat mill differ eriiit.l4l6.l

she
6.0 att 14116 Y.
right of. try them es the Lord% siian infrectims
of the tens for the eberty the sibjret. Thus,
whoa the question of -prisilep touched the Gum,
is t, they nitre found sheltering themselves un-
der the law of the land. Sithsequently ttilhn
:et/Auden, in 16971 its the measurable, case of
ridgeumn it. Holt, on a Pelitionto the House of
caollialoisig of a denial of justice, the
s refused ta *bide by the ebtri,ints of the
.lars. In a mensorial.of great science and wis.
dote, they appeal to the comason law ; demand tts
be tried by the established Courts ; ay to the trial
by iery, *ad the broad shield of Marts Gharti.
sot press still more hastily oh the as-
sumed jimileatirs
walking

.

--_,
.7- •
justice must have visit sly alba by bnpeiseoureat. It
whatever might be . said, that siti anon lead been committed by
tect them from further before the Reforanatioa; but away ie..
lest such cases migh againi __ had occurred : in thereigu of lietigyV.l4k:-
prove publicly that the jet-61(1.'100.°f the Lords a person of this name of Thurles, and soot), ,
metld not extend to them. Other persons might r.'..Murtsingtith, for air assault on 0mt,14M.; .
In filer* tome before the House, roiefslavilig •
andf s. The Heti. Baronet had saidv. Ileitis,
*MOM, from ignorance, or frail wralitiess; earlYtlatia"thas rivdeges had hen eliquded..rullitH
,rip.' -ep their rights:; hat they, •as ;edges .of to the secarity.of groonds, 'cresols, ice. •AL,goa
'lle laud, durst nut withdraw froni the solemn privileges, it KM tree, had been iucuttretuele#y
duty o -reilstiseg: is.• jurisdiction which the extensive; they badbeeneinee, however, limited,.
law of the land pronounced to be Riegel; This res.- and many distilistinhird ; but still the principle
souls', forcible and satisfactory as it was, applied remained the saiiii—thwpeinciple .was, an eXemp.
directly to the case before the•llonse. What was doh from manyclieitodtfcMfeenis, lest these 51'0144
there to present another trial anal another punish. prove an iuterrupiiiin to; their public duty. The
meat of Mr. Jones? Aim *Mims Wei at this mentent privikge of committal fora contempt wits esti.
brought against him by a Noble Lord for a libel. blished, and n libel was 'a 'ccititenipt, not merely
What prevented the llotionreble Teller of the against one individital, bitt against the whole body
Exchequer, who, before he left disc 11ouw, had of Parliament. Se it *nisi the Courts at West.
brooglerblr. Jones to their Bar, but who was not Waster, or in the City ; the libel would nut
likely to return there—EA lanh.)—what had be considered as • levelled against any portico*
prevented his USki of weapons with which the jar Judge, hut' against the King, who' was
natural course of law
,fornished hi* t After the miusidered as always- presiding in person in the
Revolution there were a crowd of eases in which Court. A. clings brought against any Mem.
priailege was involved. Dr.' Frieinl, Wilford, ber, fora 'notion, which he had made in . the
and others, were. brought before them far tibels is Neese, would naturally be considered a con.
pamphlets and other works; they. Mere censured; tempt of the IlOose itself,• which had entertained
rbutthe. power of the. House never stretelted be. end perhaps affirmed tits motion. 'rim Individual
yond a reprimand. There Was the ease in which 0w had been imPeilened, *es justly'Astiosidered
the Serjeant at Arms.was sent to seize; the Priebe! of the inn by the . Hon. Baronet.
lage
of the Middlesex Journal ; the serestents attempt. ' indeed *et hi had waited till the &el e
ed in the City, but the Pritatorseixed the Serjeaut, of r. joees'freut prison and then the question
and brought him.. before •the Aldentian: The cou be- more. delleatelyilscessed. - As. it WAS at
Hoese took up the matter • with all helqiialtlite 'port, however, there Was •this inetnisistency ;
alacrity, sent those of the presiding Aldermen, the libelee hod nothing whatever to do with the
who were Members, to tits:Tower. but passed by speech,' itt wMale it lanneliessleteeface4. He wished
Wilkes,
.who was on the Bench at the same time, area now that the wiefthy•llheonettiitild proeose
and in the same act. Whauthe libeila the North a declaratory resolution*, soot which to found his
Britosi,•and in •a •gross publication, under • the present motion ; or, perhaps, indeed, then the
name of a Bishop, of course a Member • of the motion now made need not follow, as the release
-Upper Houses, came under their cognizance, they of Jones must be the immediate consequence of
merely addressed to irive the delinquent prosecuted the House agreeing in the resolution. lle .con-
by the Attorney General. In adducing authority fessed, that even then he fur ~rte - *wild vote
On the eoint,• dir Frinala said, that ho felt it too agaitist the resoltitioil,f• es trying t s de(triie the
like !riding wit:t the understanding of the Heusi. !louse of a privilege,-4hich. it hail enjoyed fin
to expend their time.: It was the
be
above 300.
years--stltat• of guarding its dignity
of. Lord. Coke, that no aunt could be fined aga!nst libels.
or couisied, but in a Court of Record ;• no Court Lord AAIAMILTON ininegirixed the theist.
bet that in which forty shillings dameges might he 'ter of the Worthy Baronet, Who brought forward'
given could his a Court of aSc.ierd; the argument this question; to no part Of whose cdndact hi thit
came into the form of syllogism, and the necessary !louse or elsewhere, was it possibli to attt•ibule
coorlosion was, thst the power of fine sod inipri. any personal or selfish motive. •litifivfillelie bore
song/lent was not in that /kink% • N. right to Roe 4 fetlteetimeny to the Honourable' Battitiet4's 'reed. i
was assumed., IYhy.was thegteatrupower retain. tide; he could nut coficur in his opiehin, t(t:thil,
' ed, ware' .the manor one was admitted to be We. litiote did net possess a priviiege-isitkihs he Mit
gal ? Why was the atoxim of law and reason silt. to have been so lung eiereisedi Ind' lei ItaviliiivV,
hated? " Cui mines non costreitit, ci militia non -unibirmly recognised by elf tile leveret a.:l Law.
convenit." The warrant of committal waikilleeal The Conti of King's IlenlekStabitedirn 'to literal 1
in all its parts, teat •eminently so is its coaelesion. fete With a aelered privilege iihith iiiirfallY WWI
A legal warrant must conelude With the 'words,. .rifted that Neese, namely, the right 'of 'ehietioiti
" till the party he delivered by alereourie of iave;" and to *Alin Contradiction• toi the. decision Of •14
this warrant ends with . the words. " dueller the Ceinieittee tit dint Heim!, spoil 'neustiOui .=
pleasure of the Heine." lie. ('is Francis) it.. 'wattled walk stoeh rightphnil Wait( to be 'sum i
Ailed the rights of th•ollouse ; t,tu from whiteter that the-able Cosh wo.eld' • te.lo -intiArlisee'
pare of theCireatitsstion an exertion 'of arbiter*); *OA Ibleteer:.tbe.esi, ' alidetiftetties'
,poner eame, it wait *is *ay, it was I be'soirents Silt !•'4lsisk fliiaat VIII* : kk!..`,111111 ki
-lofty duty. Ativery-Kaglisitinia, -10.stitsit !tit tgeti deo ibbosesent“.rbtiona bll'sfalr Malec ir thiliiik
bushier to it. .There were, in a mattee• of this .to setotploOsist.ture•Wosifiy Iteronstifolo .1.41 '.,'
kind, vtwo ohsietei -qUestions of' justice's The' 'The- ATTORILTKT 54f115it4tri .tomitoOleti
ft 4' ;Rreirrep**t-eir-oritee' I" iltileterma. 4/I,elytt.' faddist emu eases Intiiito44l. the Mentiettatife iffial, '1
4041 ?" The lipase, be incite proereiling, 'ln. rood, and partiesieely that siftlitegaid to Knolfprei
volved the assnnsptiou of • the Judiehillt Erpecutife,. wilPo Aidiptit al tk..sticer ilialiiiitz.hia no an+ .
4,141 Litlislatire Powers ; but this was ist the • eery logy to this traesti eat •. .. beet, hi 'neither of
teeth of law. In the . disc ailtainistratiosiwf 'the these casts vivid any etinteitilit iir out autttiortty
law, it is provided that the same men • Shall Aut ;of tither Reese of Parliammit he fatty thadh Vitt.
take twoystepa together ; otio set sladthe Rill, aii.i '.llittleittli the words of Chief •Justille lion before
other decide on the feet, smother the low • bet 'the Ituuseof Lords folly• justified tint itraltith'ien
that Rollie, . *Web sdneitiers ne math,whichin the case•of Ktiollys"-; but if that Ilioese'dhl'ndt
squares itself by no furor, which makes no pre'4' pessess the right of committing, any penises .for'e
times istemination or thu fact, jumps at nticieup. ciettompt eV breach of l's pririlegie, lb? Wiir was:
no its dent/roes and, most akrrning conclusion, Clear for trying the legality of its exercise, hy blot.
and finds the accused guilty. What migie was ing fur a Habeas Corpus on the partitf atitk'pereof
there in the word Privilege, to make the forms of Si, committed. • The Court of King's ilitici o'4
the wise and Amanita! laws of their, ancestors suck's motion,. Would 'flint- be called Olgitirltilie.l
worthless, to give them an instantaneoes, and in. lisle as to the right, and he would have ti3ifoidlf
stinctivo knostledgc of; the truth of thii=easer as to its•decirion, because ha had no donee its to-'
"which might have been sotheatril of by.the majority the. right. That Court must, ie fact, tierthitt k
of the House fill this Moment stf this charge, was no more Warranted to interfere whi 'filts
which was also the moment 4 judgment, and the right of that House than with the right isriltrY
• moment of condemstatioa. Who was so define— Court of Conmem Pleas; or of 'tiny tither Court..
who had attempted tit define, the privileges to In fact, the question to which this &Cession re.;
which the fittest laid-nkhli•;.•mr what was ibe Va• fcrred had been brought into a Court of taw, to
hue or tint cogency of undainetprisileges /. Uow the case of Crosby, the Lord Maynr of Loudon,'
was the accused tirevoid his aimed thedelluition for obstructing a Messenger of that' !those,: hi the
rof -Privilrig, if .the hue thasmaricedast vise from exemitimi of its order. There, although the. Lord
I 'blunt- weasillowedlis be somitiuto, so wirresing, Mayor was a Member of the House,- he wai coat.
so sihWietty, As, tube indistinct to the legistators milted—not, hoWeverols a allember, Nit fdt. the
!yes. The prgrogatieeor the: Illultareli spa obstruction alltided to as * menicipal eiffiqe, • mid
loomaic
suffbigini by this. assumption. Wheteeer 'en. the Court of COinmoOPtelts decided, that it email
oroached an. the liberty of the subject was an in. tint iliteifess with the isterrile ,of aright' «bleb
,fritegreliest ef• the prerogative that .was 'betted to • belonged to that tliksir. The liton..liartineellead
protect it ; end it ill because that House to give -thought proper to `1111011414100.:
eve's a colour for insulting the popular liberty, or House to an assemble 41 tseitrillind etc
acting the optiressor Warn the power was its their' privileges to thelne.fidta • ' 'Mee
bands ; but it was fortatiate fur oven-that House, he wished to know. *heft . lidllalitet'aildil
that there wee a superior %/IWO'S* to correct the find an instance where. soy 10:41iiiihdaitr.. '-illOvilhoikl .
. . . . . . ..
of exorbitant the right by a bye-laws.* ',el** bro • --'''' '
.
tical,...tbe. law. ntfie5,,,...., -e---
11tisoltition• of

*With re—gard to thelisiEsk Ittayoy in. tins initalicat.
s•it, returning to the ileehiess OF ibif OW% or
,Cunioson Pleas thetcartuld Uti'llleula" I'4'4 .a"
evraot fromthc w ,irds of )Ltd Chief Jostler; 06.
.Grey, • upon pronouncing that. ilcceiton., *Mat
isseltitleil a quotation from Coke'. Inari'tiites, star--
big,. that the right in sysation was legal, bet*lnsel
it was necessary—that thvarbliteges in that 'town.,
to commit persons in eel+ a Slims was a part of
the law Of the land —.that in such' Casol, it 4 snip.
(Heath's' was cooviction, mid Its Stillirsee executiuis'
—,aiiil that no Court—woe entitled to interfere
with the execution of another. As to the' words
.of the warrant of committal, 'so particularly
dwelt upon by the lion. liarimet, those *oat.
-Were atsu the subject el eoissitletable disataisinni
in the-case of Ureshy, bot'lbe matt 'wags thill
they wore futon' to have belie these nodal% on st.
tailor easeryand so sledded to be correct. l',o
were mahy other mars, which he euuld eke to
.."
the indisputable right of that sled the other Itontit
11l Parliatstint to commit fur any toot
weigh of its privileges, But he tho hilt ha it*
'illteddidirtte emotion anymore,
404-11 us iippearad, almost unanliaMik' 2
ilreshstiirithlo Ittronees inuttest..i Wit' td ,;
the ri fora, tries pabt 4p Ju the-ciltisstfaf it Alin Mehl

- _
._ : _ ,
- jog rs 44 that sp.f.ti.....ila
Watts of its Members bn 1 ,1 fil---)liquitlei into whi;•itthe possesiium
Igs istirigeo Iu &rum! frrulom so meritorious, so pewee might bOttur • IWO Nit Of
—Jo-om,—* --.1
. 114•1104 ilied so Wee teal, that ss_sta tong ' !writ- Yearigirifootort ; no
lisams‘isioNbroseasstiViiitS—wlich iksiould al.. thu Hogs* auuld bu it.tlitl, where
/44-441 fr
way&l6 'lowed by a nation of :tßissious and feel. listen! with thortwogniacti law.. A
. isg. , is dui cups et* JAI' Fade, Ms. (Lis. buyer bed said 40► atioceasion whet
lewe, .0 Qr.. pun, 41/0. 0.1111111003 denied tliiii -rity .of the !louse was brought 1
g null . • .. _ ....._ r .. t- . .. ...._ .1

mimed jodiesitire of the Commons, for the Lords llis speech had placed she ilisuse in s dissecmpMe,
hive- mains of an sound judicial oaten is ilielledell She 1141141111 A for whoui he has";
iheirCitooltetion ; they are thr denier nowt of otelliddesesli moldy, Might Imes beets refeisol
'ibs Seel Coons of Appal. TheJedgostioka. took telisb which the bed
teeming stated, that. they ossild not was* . The first ides *high Ost speech •
Boole 4 141114. OS a 4111041.4461 blOttatc Wya»et
then** Weed Oa** ;WWI* liariasiancal *or Ghei
Perini'''. OM OWNS 7111 eawre of OAP

-TINS /AT , AM.
boo le oororilik
o pro. *ti , . '1110144 I 1
1 dos decide% It ttil ad keno Si
rtber %jail, 4 they Odd, that the .Howie
night occur split, they
_sweat steno* hat