The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-10-22
PARLIAMENI's DISCIPLINE.
Methods by Which 1t Furnishes
Breach of Its Privileges.
From the London Chronicle.

Breach of It's Privileges.
From the London Chronicle
In a democratic country where for
every injury there is a legal remedy,
there is something strange and incon-
gruous in the fact that the House of
Commons-the very body which per-
sonifies the liberties, of the nation-can
yet by virtue of that mysterious power
know as parliamentary privileges WELD
an autocratic authority uncontrolled by
law. Privilege took its rise in the alb
solute necessity that the highest au-
thority in the kingdom should have
power to uphold its own dignity and
independence; but though the need is
obvious, yet the injustice of the same
body being at once accuser and judge
has led in the past to many strange
conflicts, in which, by a courteous trans
formation, the House of Commons has
appeared as the arbitrary oppressor,
while its opponents have been sufferers
in the cause of freedom.
Parliamentary annals furnish no more
curious example of this strange perver-
sion of the accustomed order than the
case of the "AylesbuFy Burgesses," in
1704. Ashley, a burgess of Aylesbury,
brought an action against the return
ing officer for refusing his vote, and
obtained a verdict; the court of queens
bench, however, decided that an 'ac-
ton did not lie" as all matters relat-
ing to elections were under the direct
control of the House of Commons; but
OH appeal this decision was reversed
by the lords, to the great indignation
of the commons. Five more burgesses
then commenced actions, and were all
committed to Newgate by the angry
while the lords dnfandino
their novel character as defenders of
the oppressed, passed a defiant resolu-
ton that the rights and freedom of
Englishmen ought not to be subject to
arbitrary votes of the House of Com
mons. A propagation put an end to
the dispute, leaving the constitutional
question unsettled.
The reign of George Ill saw several
interesting struggles on questions of
privilege, notably the conflict with the
city over the publication of the debates
in which the celebrated Wilkes played
prominent part. Two printers named
Thompson and Wheble were ordered to
attend at the bar of the house to ans
Wer for the Misrepresentation of GER
tain speeches in their respective news
papers. Neither, however, appeared
The messenger of the house went eight
times in one afternoon to Wheble's
house, and each time was told he had
just stepped out, but was confidently
expected back soon. 1t is a curious fact
that though the house S messenger may
legally break open a door to arrest the
person against whom he has a warrant,
he may not wait in the house if the
person is absent for the purpose of ar
resting him on his return. This point
was finally settled in 1912, when MIR.
Howard obtained damages against the
sergeant farms on this very account.
The irritated commons addressed the
king, who issued a proclamation for
the apprehension of the offenders, but
in the meantime Colonel Onslow made
a further complaint against six more
printers, who were accordingly all sum-
moned to the bar. The question was
most fiercely debated; the house sat
till in the morning, and twenty three
divisions were taken. The difficulties
in which the house would be involved
were clearly pointed out. Charles James
Fox remarking: You are like Glen
dover; you can call spirits from the
vastly deep. but the question is, Will
the spirits come when you call them?"
The spirits, indeed. proved very re-
fractory. The messenger attempted to
arrest. one of the printers, Miller who
promptly gave him in charge for as
mayor, Brass Crosby, and Aldermen
Wilkes and Oliver, and committed to
prison on the ground that he was not
peace officer, and that the warrant
was not backed by a city magistrate
The lord mayor. being ordered to at
tend in his place in the house to ans
Wer for his violation of privilege, was
accompanied there by an enthusiastic
crowd, who hailed him as the guard
ian of the city's rights and the nations
liberties" After days of debate, both
the mayor and Alderman Oliver were
committed to the tower. Wilkes, the
prime mover in the mischief, was sum-
moped to appear at the bar on Aug s,
but the ministers, with more
discretion than valor, adjourned
the House till the 9th. The
mayor was only released by the
Propagation, when the whole common
council went in a procession Of carri-
ages to the tower and fetched him
away in triumph, while salutes were
fired by the City Artillery Company,
and at night all London was illuninat-
ed.
Among the striking cases of privi-
lege in more recent times, that of Sir
Francis Burdett who referred to the
house as "a part of our fellow sub il cts
collected together by means which it is
not necessary to describe" aroused the
greatest excitement. Sir Francis barli-
caded himself in his house against the
sergeant arms, who only forced his
way in after a three days seize with
the assistance of the military and
discovered Sir Francis, with a truly
dramatic sense of the situation, teach
ing his little boy the provisions of
magma charta. Sir Francis was commit
ted to the tower and, though he
brought actions against the speaker
and the sergeant-at-ar the court de-
cided in favor of the house # commons.
conflict between the house and the
courts, however, arose in 1887. when
Stockdale brought an action for libel
against Hansard, who pleaded the
order or the house in defense. The
court rejected the plea, whereupon