and the broad question was therefore left unsettled. capable, evidently,
of doing it. Dr. Kenealy, or somebody else, We agree with Mr. Lowe that such a state of matters is most in the Englishman, recently called it a " House of corruption," unsatisfactory, and even dangerous. That the Privilege of the but, in his seat, Dr. Kenealy is aware that this great Assembly House of Commons is most valuable is of course undeniable. is entitled to " the highest respect," and promises that it shall That House is part of the Grand Inquest of the Nation, its first always be accorded. The House evidently awes even him, duty is to state and explain grievances, and no grievance and on Thursday, though he talked rhetorical nonsense about could be frankly or fully stated if a Member were liable to shaking off calumnies as the lion shakes off the dew from penal consequences for words allowed by the Speaker to be his mane, and was half inclined to accuse the Speaker of Parliamentary. Sir H. James, for example, if subject to the prejudice, still he kept fairly within the rules of debate, and law of Libel, could not have defended his motion of the other even extorted a cheer by promising so to conduct himself that day for inquiry into the methods of raising Foreign Loans in no Member should be ashamed of his acquaintance. If London, and no Member could venture to challenge the he keeps his promise that is a great victory for the House, honesty of a Minister who had sanctioned a profligate con- and one that shows that it has no need to protect itself from tract. The House would be reduced to silence on every aggression by raising individual Members, when acting as serious accusation of official misfeasance, and a rogue would citizens, above the law, or even by extorting apologies for be doubly protected by the official character which ought to speeches which may be libellous in any degree, but which no make him doubly liable. By parity of reasoning, there ought, more concern the House, its prerogatives, or its honour, than if we think, to be also some defence for a Member against outside they were made by so many Vestrymen of St. Pancras. It attacks upon him for acts done strictly in his capacity as is, moreover, but an incident occurring in strict sequence after Member. It is almost impossible to draw the line between hundreds of others. No man—not even a madman like poor criticism and insult amounting to interference with duty, but Feargus O'Connor--has ever defied the House successfully, and still there is a line which can be passed, and which, for example, is it is probably of all deliberative Assemblies in the world the obviously passed whenever a speaker invites, addressing a popular one which has least need to protect itself by anything except audience, the mob to pelt a Member for giving a particular its own inherent prestige. Its dignity is not assailed by an vote, or whenever Parliament, or a Committee of Parliament, attack on Dr. Kenealy as a barrister, and if it were, the way is charged, as O'Connell charged an Election Committee, with to protect it would not be to constitute itself a Court of Law, criminal misuse of its powers. But beyond this, that is, pro- but to compel the Member for Stoke to resort to those Courts tection of its Members from punishment, either by Courts or Judge which already exist, and in which everybody except himself con- Lynch, for speeches or votes as Members of Parliament ought stantly confides.
as to leave it uncertain whether the Houses would interfere, no Peer and no Member could be publicly censured for an THE USE AND ABUSE OF PRIVILEGE. offence, or accused anywhere except in a Court of Law of dis-
and the broad question was therefore left unsettled. capable, evidently, of doing it. Dr. Kenealy, or somebody else, We agree with Mr. Lowe that such a state of matters is most in the Englishman, recently called it a " House of corruption," unsatisfactory, and even dangerous. That the Privilege of the but, in his seat, Dr. Kenealy is aware that this great Assembly House of Commons is most valuable is of course undeniable. is entitled to " the highest respect," and promises that it shall That House is part of the Grand Inquest of the Nation, its first always be accorded. The House evidently awes even him, duty is to state and explain grievances, and no grievance and on Thursday, though he talked rhetorical nonsense about could be frankly or fully stated if a Member were liable to shaking off calumnies as the lion shakes off the dew from penal consequences for words allowed by the Speaker to be his mane, and was half inclined to accuse the Speaker of Parliamentary. Sir H. James, for example, if subject to the prejudice, still he kept fairly within the rules of debate, and law of Libel, could not have defended his motion of the other even extorted a cheer by promising so to conduct himself that day for inquiry into the methods of raising Foreign Loans in no Member should be ashamed of his acquaintance. If London, and no Member could venture to challenge the he keeps his promise that is a great victory for the House, honesty of a Minister who had sanctioned a profligate con- and one that shows that it has no need to protect itself from tract. The House would be reduced to silence on every aggression by raising individual Members, when acting as serious accusation of official misfeasance, and a rogue would citizens, above the law, or even by extorting apologies for be doubly protected by the official character which ought to speeches which may be libellous in any degree, but which no make him doubly liable. By parity of reasoning, there ought, more concern the House, its prerogatives, or its honour, than if we think, to be also some defence for a Member against outside they were made by so many Vestrymen of St. Pancras. It attacks upon him for acts done strictly in his capacity as is, moreover, but an incident occurring in strict sequence after Member. It is almost impossible to draw the line between hundreds of others. No man—not even a madman like poor criticism and insult amounting to interference with duty, but Feargus O'Connor--has ever defied the House successfully, and still there is a line which can be passed, and which, for example, is it is probably of all deliberative Assemblies in the world the obviously passed whenever a speaker invites, addressing a popular one which has least need to protect itself by anything except audience, the mob to pelt a Member for giving a particular its own inherent prestige. Its dignity is not assailed by an vote, or whenever Parliament, or a Committee of Parliament, attack on Dr. Kenealy as a barrister, and if it were, the way is charged, as O'Connell charged an Election Committee, with to protect it would not be to constitute itself a Court of Law, criminal misuse of its powers. But beyond this, that is, pro- but to compel the Member for Stoke to resort to those Courts tection of its Members from punishment, either by Courts or Judge which already exist, and in which everybody except himself con- Lynch, for speeches or votes as Members of Parliament ought stantly confides.
Previous page
