Had they sufficient security for the proper exercise of that privilege, and the continuance of it unless they could vindicate it by their own laws? Should they acquiesce in the decision of the court of law, or feeling the necessity of resistance, should they determine to oppose it; should they in the last resort come forward and say, not that they would increase a power which could in any sense be deemed unnecessary, but that they would omit no opportunity of marking their sense of a privilege, which they were admitted to possess in their own inherent right (for he was supposing a case where one of the undoubted privileges of the house was assailed) and that they would not fail to exhaust every method of defending and maintaining it? For his own part he thought, that the latter was the only proper and becoming course for the house to pursue. The duty of the house was to fight the battle to the last; and then, if they were ultimately overcome, they could appeal with a good grace to the authority of the state, for that permanent protection which the law as it now stood would not afford them. The right hon. baronet then quoted the following passage from the judgment delivered by lord Denman, with reference to the sale of the publications. Lord Denman said,

"In the first place, I would observe, that the act of selling does not give the plaintiff any additional ground of action or redress at law beyond the act of publishing. The injury is precisely the same in its nature, whether the publication be for money or not, though it may be much more extensively injurious when scattered over the land for profit."

With regard to a part of the question upon which the right hon. baronet said, that much ridicule had been thrown; namely, that the house of commons was the judge of its own privilege: he should refer to the dicta of the highest judicial authorities who had at different times been called upon to deal with the question as it arose in the courts of law. He would show, that the doctrine, that the house was the judge of its own privilege, much as it was now sneered at, was a doctrine that had received the sanction of the highest judicial authorities in the land. Sir Robert Peel then quoted the authority of Mr. Justice Wright, Mr. Justice Dennison, Chief Justice De Grey, Mr. Justice Gould, and Mr. Justice Blackstone, in support of this position. In concluding his speech, the right hon. baronet said, "It is with pain I come to the determination of entering into a contest with the courts of law.

You may tell me that there are processes by which the payment of the money may be ultimately enforced in the courts. I admit the strength of this reasoning, and the authority conveyed by the experience of those who urge such a view; but this, I say, with a perfectly safe conscience, that every instrument which the ordinary principles of the constitution sanction, an overpowering sense of duty urges me to use, before I seek for a solution of our present difficulties in the surrender of our privileges. An attempt to remedy this evil by legislation may be made only when the other means within our power are exhausted. I have heard it said, that the house of commons has not that influence on the public mind that it once had, and that we look in vain

for the sympathy of the public in our attempt to vindicate our privileges. It may be the prediction so confidently made, that the great measure for altering the constitution of this house would conciliate public opinion may be unfounded. I was no party to that change. I confess I expected its failure Sir, I shall conclude my vindication for having so long occupied the time of the house by an extract from a speech delivered by Mr. Crewe at an early period of our history when the liberties of the house of commons were threatened." Mr. Crewe, in encouraging the house to preserve its privileges, said, in simple but emphatic language

"I would not have spoken about our privileges, if the thing questioned were only matter of form and not of substance; but this is of that importance to us, that if we should yield our liberties to be but of grace, these walls that have known the holding of them these many years would blush; and therefore, we cannot, in our duty to our country, but stand upon it, that our liberties and privileges are our undoubted birthright and inheritance."

The house then divided, when there appeared for the motion 205; against it 90:-majority 115.

Lord John Russell afterwards moved, that the sheriffs be called in, who were accordingly brought by the sergeant-at-arms to the bar of the house dressed in their scarlet robes. The speaker then communicated to them the resolution which the house had come to, and stated, that if they wished to say anything, the house would hear them.

The sheriff's bowed and with drew without speaking.

Lord John Russell then moved, that the sheriff of Middlesex having been guilty of a breach of the privileges of this house, be committed to the custody of the scrgeant-at-arms.

Mr. Sergeant Jackson rose, and moved the adjournment of the house, in order, as he said, to give the house time to recover its senses, without taking a step which appeared to him to be gross injustice. This however was negatived by a majority of 103.

Afterwards, however, the further discussion of the subject was adjourned until the next day, when the sheriffs were ordered to be in attendance.

On the following day, Jan. 21, Mr. Fitzroy Kelly rose to present two petitions from the sheriffs, the prayer of which was the same, expressive of the sorrow they felt at having incurred the displeasure of the house, and stating that in acting as they had done, they did so in the belief that it was their duty towards their sovereign and the court of Queen's-bench, whose sworn officers they were. The petition prayed that they might not be amerced nor imprisoned for having honestly endeavoured to discharge the duty cast upon them by law, and according to what they in their conscience believed to be the solemn obligation of an oath.

Mr. F. Kelly then moved, that the petitions be forthwith taken into consideration. This gave rise to a long discussion, the result of which was, that the motion was negatived by a majority of 111; the ayes being 99, and the noes 210.

Lord John Russell immediately moved, that the sheriffs having been guilty of a breach of the pri

vileges of the house should be committed to the custody of the sergeant-at-arms, and that the speaker do issue his warrant accordingly. Upon this the house divided, and the motion was carried by a majority of 101.

Lord John Russell then moved, that the order with respect to the sheriffs be discharged. The order was discharged accordingly. The noble lord then moved, that Thomas Burton Howard the attorney of Stockdale in the cause be called to the bar. Mr. Howard appeared at the bar, and on being asked by the attorney-general whether he was not concerned in the action of Stockdale v. Hansard; Mr. Law objected to the question, and ultimately Mr. Howard was ordered to attend the house the following day. When lord John Russell moved, that Thomas Burton Howard be called in

Sir Edward Sugden immediately moved as an amendment, the addition of the words "to be forthwith discharged." This gave rise to an animated debate, in which Mr. Sergeant Talfourd, Mr. Darby, Mr. Pemberton, Mr. Sergeant Jackson and others, supported the amend ment, which was opposed by the attorney-general, sir Robert Peel, Mr. Pigot (the solicitor-general for Ireland), and sir Charles Grey.

The house afterwards divided on the amendment, which was carried in the negative by a majority of 118; the ayes being 92, and noes 210.

Mr. Howard was then called in, and in answer to a question from sir E. Sugden, said, that if he had by his conduct incurred the displeasure of the house, he deeply and most honestly regretted it.

Lord John Russell then moved, that Mr. Howard be discharged, on the ground that he was disposed to make due submission to the house, and to express his sorrow for the course he had pursued. Sir Robert Peel, however, suggested that it would be better that the speaker should be instructed to inform Mr. Howard that he had been guilty of a breach of their privileges; but that, as he appeared desirous to submit, they did not wish to proceed to extremities, but cautioned him against any proceeding of a like description.

Upon this the attorney-general rose, and moved as an amendment to the original motion, that "Thomas Burton Howard having been guilty of a breach of the privileges of this house, and having expressed his regret for the same, be now called to the bar and reprimanded by Mr. Speaker."

Lord John Russell then said, that if he did not know that it was a request that would be denied him he would wish to withdraw his motion. Certainly, upon comparison of the two, he preferred the amendment.

On a division, the original motion was lost by a majority of 110.

Mr. Howard was afterwards called in, and shortly reprimanded by the speaker.

mined by a long series of authorities that that House had the power to commit for contempt, and that when it did so commit, no court of law whatever had the power to inquire into the cause of the committal. He apprehended that on the warrant being read, the court of Queen's-bench could do nothing else than say that the prisoners must return to the custody whence they came. He then moved to the effect that the sergeant-atarms should be instructed to return, that he held the bodies of the sheriffs by virtue of a warrant under the hand and seal of the speaker issued by the authority of the house of commons for a contempt of a breach of the privileges of that house. After a few words from Mr. Godson and Mr. Creswell, this motion was agreed to.

On the next day, January 25, sir William Gossett appeared in the court of Queen's-bench with the two sheriffs in his custody, who were dressed in their robes of office. Their situation excited a lively interest, and the court and its passages were crowded to excess. While proceeding from the apartment where they had been confined to the court, they were loudly cheered by the crowd of persons assembled who seemed to feel the utmost sympathy for their disagreeable position. This was about four o'clock in the afternoon, and at the time when sir William Gossett with his prisoners reached the court the bench was empty; the whole of the fifteen judges having been engaged during the day in hearing the point argued which had been reserved at the trial of Frost, Williams, and Jones, for high treason at Monmouth. In a short time, however, lord Denman, Mr. Justice Littledale, Mr.

Justice Williams, and Mr. Justice Coleridge, took their seats, and sir William Gossett immediately handed in his return.

Counsel having been called upon, it was ably contended by Mr. Richards, Mr. Watson, and Mr. Kennedy, on behalf of the sheriffs, that they were entitled to their discharge-that the court would take cognizance of the particular breach of privilege, of which it was alleged they were guilty; and as it had previously decided against that privilege, it would release those who had merely obeyed in the execution of their duty its own orders. The court, however, thought otherwise. The judges gave their opinions seriatim, and held that the return to the habeas corpus was good and sufficientthat they could not presume anything, but must take it that the sheriffs had in some way or other committed a breach of the privileges of the house of commons, and that therefore they could only remand them to the custody of the sergeant-at-arms. It was half-past eight, and sir William Gossett retired from the court with the sheriffs in his custody.

now

The feeling shown on this occasion against the imprisonment of the sheriffs was very strong, and the members of the bar appeared to be almost unanimous in condemning the course adopted by the house of commons.

On the 27th of January, lord John Russell gave notice to the house that he had received a petition from Hansard, stating, that a fresh action had been commenced against them by Stockdale, and that a writ of summons had been served upon them on the 25th of January by Thomas Burton Howard as attorney for Stockdale.