18 JANUARY 1840, Page 10

POSTSCRIPT.

SATURDAY.

The House of Commons was occupied till one o'clock this morning, almost exclusively with the Privilege question. On Lord JOHN RUSSELL'S motion, John Joseph Stockdale was called

in. He appeared, and underwent a long examination by the Attorney- -General. He admitted without hesitation, that he had brought the ac- tion against Hansards, " under the belief that as a British subject he was entitled to recover damages for the libel" they had published.

Lord JOHN RUSSELL then moved, " that John Joseph Stockdale had been guilty of a high contempt and breach of the privileges of this House."

Mr. LAw, wishing to prevent the House from rashly taking up a position from which it would be difficult to withdraw, moved an amend- ment, that Stockdale " be discharged from further attendance."

Sir Ronmer 'sous seconded this amendment.

Sir JOHN CAMPBELL maintained that the original motion must prevail. Nobody could deny that Stockdale had committed a breach of privilege.

Sir ROLERT PEEL said, that to clear up all misapprehension, the re- solution should state the particulars of Stockdale's offence.

Lord JOHN RUSSELL confessed that such had been his intention, but the Attorney. General had induced him to alter it— In case they recited the particular grounds on which they had judged John Joseph Stockdale to be guilty of a breach of the privileges of the .House, if that question came to be argued hereafter—which was nut unlikely, seeing that their privileges were now so much in question—although it might be said that the House had a right to punish for a high contempt and breach of its privi- leges, yet it might be retorted that an action, and the proceedings subsequent to the commencement of an action, were not matter within their privileges, and thus they might themselves furnish an argument against their own privileges. He perfectly agreed with what the Attorney-General had suggested ; and he recollected well that he had received the same suggestion thorn the Solicitor- General. The Solicitor-General, mho had studied this question so long and SO deeply, was of opinion that the House ought to be cautious in nay special affirmation %vhich it made.

Mr. TvomAs Duscomut asked Lord John Russell, whether he shrunk from his vote of the previous night—whether Ile was afraid of inserting' on the journals that Stockdale had brought an action against their printer, and was therefore guilty of a breach of privilege ? Unless they placed on their Votes the exact description of the breach of pri- vilege which Stoekdale had committed, the public would say that they dared not define the injustice which they were committing; and it' they sent to prison the Sheriffs of London and 3liddlesex—functionarws, be it recollected, chosen by the public voice—without saying Nrilut offence they had committed, the public email say that the House had smuggled them into Newgate.

Would they, having committed the Sheriffs, proceed against parties beyond the Sheriffs, in case those functionaries said, as they undoubt- edly would, that they acted tinder the authority of Lord Denman and other Judges of the Court of Queen's Bench?

Mr. PEN nonTosi delivered an elaborate speech to prove that the House we taking a most injudicious course on this question of' privi- lege. Ile referred to former contests between the House and the Courts of Law, to show that the House had been uniformly worsted ; laying particular si rcss on the case of' ,\ shby VCIVIS White in 1703. White was a retieiling-offieer at Aylesbury, who refused Ashby's vote at an election : Ashby brought an action fbr damages; and the Commons committed hint for contempt. lint the action was not stopped. The Court of' Queen's Bench committed White for non-payment of damages; and the damages were eventually paid. Fourteen other actions were brought, and fourteen other persons committed by the House; but they all obtained their damages—as Stockdale would obtain his. The case of Ashby and White was taken to the Lords ; who, on the 27th of March 1tII. rassed a resolution- " That an,v person has a right to maintain an action against an officer who illegally njectyd his vote ; that the declaring Matthew Ashby guilty of a breach of the ixivileges of the House of Commons for prosecuting an action against the 011st:dile of Aylethury tbr not receivin,g his vote at an election, after lw hy the common and proper methods of law, obtained a judgment of the cear■ tin- the recovery of his damages, is an unprecedented attempt upon the judicature of' Parliament, and is in (Meet to subject the law of England to the votes of the House of Commons."

As for St nekdale, he would bring more actions, and get more damages. The House should not only attack subordinates, but Lord Chief Justice Denman ; who, if sunnnoned, would reply as Holt did to the Lords on the Banbury ease—that when summoued in due course of law to explain his judgment, he would attend, and not otherwise. There was much vapouring on that occasion, but it all ended in smoke. The House might rely upon it that this question could only be settled by a legis- lative enaciment.

Mr. Pembeaon's was the great speech of the night. Sir CHARLES GREY, Sir EDWARD. Suomi..., Lord llowiex, Mr. CRESWELL, Mr. WAN- LEY, Sir RoBERT INGLIS, and Mr. (Fem.:Nom, joined in the discussion ; but did not contribute much novelty of argument or fact on this now exhausted subject. There was some sparring between Sir ROBERT Iscus arid Mr. (Mos:NELL' about the old charge of slandering the women of England; which Mr. O'CONNELL declared to be false, and Sir ROBERT INGLis retracted on that positive assurance. Mr. O'Cos- NELL did not spare Stoekdale, and taunted the Opposition with the character of "their client." [We suspect that Mr. O'Connell libelled Stockdale : if so, that person !night bring actions against the news- papers reporting his speech—perhaps as sure a way as any to produce an amended libel law.] Lord John Russell's motion was carried by 249 to 100; and subse- quently it was resolved that Stockdale he committed to the custody of the Sergeant-at-Arms' by a vote of 239 to 135. The Sheriff's of'

i .11iddlesex were ordered to attend the House at twelve o'clock this day.

In reply, to questions from Sir ROBERT PEEL, Mr. BARING, Chan- cellor of the Exchequer, explained the cause of the delay in bringing the new Postage plan into full operation— He upprehended he could not then fix a time when the definitive arrange- ments would be completed, so as to allow the system to come into general operation. He bad to state that the delay which had taken place had not arisen from any difficulty in the application of the system of stamped covers. The difficulty did not arise from the principle, but HIM appeared to him highly important in introducing that system to introduce it in such a manner as to prevent the possibility of forgery. With that view, it was necessary to corn. bine as many checks as possible in the formation of the stamps; and to attain that object it had been found necessary to make many extensive experiments. Besides, when the system was to be tried on so large a scale, it was difficult in the first instance to get the whole machinery to work. These experiments were now going on; and he hoped that in about six weeks they would be com- pleted and the new system in general operation. As to the second ques- tion, which had reference to the introduction of the system of stamped covers into the Metropolis before introducing it in other parts of the country, he had to state, that of course the same hitch which pre- vented its extension to the country prevented it from being brought forward in London. He thought, however, it was probable that after the Post-office had had some more experience in the new system, the stamped covers would be introduced into the Metropolis before they were extended to other parts of the country. He thought it possible that in a week or so the stamped covers might be introduced into London ; but on this point he had not yet fully made up his mind. The third question bad reference to the time of delivery. The time of delivery depended on the force of the department ; and if they increased that force, they could, no doubt, hasten the delivery. The object of the Go- vernment, however, was to try the system, not with a niggardly force, but without extravagantly increasing it ; and he hoped, when once the department had had a little more experience, that there would be no greater delay than for- merly. One day lately the Post-office lied been more than ordinarily pressed, as fourteen foreign mails had arrived within a short space of each other ; and on that day there had been considerable delay. He hoped, however, that with alittle more experience on the part of the Post-office, and when once the arrangements were fully completed, things would go on as formerly, and that there would be no reason to complain of delay.

On the motion of Sir GEORGE GREY, a new writ was ordered for Rutland, in the room of the Honourable W. M. Noel, who had accepted the Chiltern Hundreds. [Mr. Noel, Lord Barham's brother, is a Con- servative. The Times says he will be succeeded by Lord ]larham's son, who is to support Ministers ; and that Lord Barham is to be created Earl of Gainshorough. Thus the "Reform" Ministers buy a vote with a Peerage.] The Lords met yesterday, but merely for the purpose of going to the Palace with their Address to the Queen.

The hearing of' Appeals will commence on Monday week.