The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-18
SATURDAY. FEBRUARY IS. 1898.
SIX PAGES.
THE "PRIvILEGEs" OF LEGISLATIVE
BODIES.

The breach Of privilege" incident In the
English House OF Commons on Thursday,
when formal notice was taken by the
House Of a publication in the London
Times. thought by the Irish members OF
the House to be derogatory TO their dig
nifty, affords a pointed illustration Of the
difference between the basis upon which
the law Of Parliamentary privilege" rests
in this country and in England. 1t rests
In this country upon a basis OF common
sense that makes parliamentary privi-
Iege" fit IN all around with true repu5li-
can institutions, while in England, coming
as II does from the feudal ages the wh'Ie
inspiration of which was slavery to all
but the privileged few. It retains to this
day many of the most glaring badges of
feudal slavery.
The law of parliamentary privilege" IN
This country extends no farther than 20
those matters which are necessary FOR the
legislative body TO be able to proceed
duly and regularly with the transaction Of
its business. II a member Is so impeded
in going to the meeting-place as TO be un-'
able to get there by a person or persons
who design by their restraint on him to
interrupt the business OF the House. that
IS breach of the privilege Of the House.
for which the guilty parties may be pun
ished by the House. But no amount Of
libel and Islander upon the members of the
House can constitute breach Of Its priv
ileges because that libel and SANDER can
not logically constitute any sort OF i'm
pediment 10 the orderly and due process of
business in the House. If those members
who are iibelied are displeased thereby
th<y must seek redress in the courts OF
the country. as all other citizens do. They
secure no special privilege or immunity
by virtue Of their character as legislators.
but on Thursday we saw the Prime Minis
ments in the London Times that the Irish
members were a set OF vag abonds. sup
ported by public charity. constituted
breach Of the privileges Of the House.
and, II the editor had not at once apollo
giscd through the columns Of his paper.
he would have been brought to the bar Of
the House Of Commons and have been
compelled to apologize then TO II and TO
the Irish members upon his knees. or ne
would have been fined and imprisoned at
the pleasure of the House. TO us in this
country II is almost incredible that the
English people can permit such barbaric
Institutions to survive.
This Illogical and underlined code called
the Privilege of Parliament" has been
used ever since the English had Parlia-
ment as a means of the most outrageous
oppression. and there is no despotic en-
croachment against which people Jealous
OF their liberties and their rights should
be more on their guard. AS late as the
year 1862 Admiral Griffin. a member Of
the House, used II TO try the title to a
valuable fishery claimed by him to be his
property. and claimed by three other per-
sons to be theirs. In the proceeding
against Mr.. Long WELLESLEY, State Trials
New Series. vol 2. p. ops, Lord Chancel-
lor Brigham gave the following account
OF this case:
''In the year 1859 an action OF trespass
for breaking and entering q fishery was
tried In the House OF Commons, TO the
lasting opprobrlum of Parliamentary priv
Iege. TO the scandal and disgrace of the
House OF Parliament that tried II, and TO
the establishment and alarm Of all good
men. whether lawyers or laymen. Ad-
miral Griffin made complaint to the
House. whereof he was a member. that
three men. whose names were stated, had
broken into and entered his fishery near
Plymouth, and taken fish therefrom and
Destroyed the nets therein. and the House
forthwith, instead of Indignantly and in
mockery OF such pretension. dismissing
the charge and censuring him who made
II. ordered the defendants in the trcs2ass.
for so they must be called. to be commit
ted into the custody OF the sergeant-at-
arms. They were committed into that cus-
tcdy accordingly. They were brought to the
bar OF the House OF Commons. and there,
upon their knees. they confessed their
fault. They promised never again to Of
ftnd the Admiral by Interfering with his
alleged right OF fishery. and upon this
confession and promise they were dis
Charged on paying their fees. so that by
way OF privilege. a trespass was actually
tried by the plaintiff himself sitting IN
judgment against his adversary. The de-
fsndant. and the Judge (for In this case
the House and the complaining party must
be considered as identicaD was pleased 20
decide In his own favor"
II Mr.. Gladstone knows anything Of tho
subject the English House Of Commons
may repeat this performance to-day, IN
ehn mama AZ ia ssnrxvfs ewna ~ Ws 49, cn.