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THREE:

THREE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at ��50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at ��600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.

THREE:THE LANDING OF PRINCE CHARLIE. (See p. 92.)The year 1824 is memorable in Ireland for the establishment of the Catholic Association. The Catholic question had lain dormant since the union. Ireland remained in a state of political stupor. There was a Catholic committee, indeed, under the direction of a gentleman of property, Mr. John Keogh, of Mount Jerome, near Dublin. But his voice was feeble, and seldom heard. The councils of the Roman Catholics were much distracted. Many of the bishops, and most of the gentry, recommended prudence and patience as the best policy. Liberal statesmen in England were willing to make concessions, but the conscientious scruples of George III. had presented an insuperable barrier in the way of civil equality. There was an annual motion on the subject��first by Grattan, then by Plunket, and lastly by Burdett; but it attracted very little attention, till the formidable power of the Catholic Association excited general alarm for the stability of British institutions. Adverting to the past history of Ireland��her geographical position, her social state in respect of the tenure of property, and the numbers of the respective religious denominations of her people��the ablest Conservative statesmen considered that it would be extremely difficult to reconcile the perfect equality of civil privilege, or rather the bona fide practical application of that principle, with those objects on the inviolable maintenance of which the friends and opponents of Catholic Emancipation were completely agreed��namely, the Legislative union and the Established Church. There was the danger of abolishing tests which had been established for the express purpose of giving to the legislature a Protestant character��tests which had been established not upon vague constitutional theories, but after practical experience of the evils which had been inflicted and the dangers which had been incurred by the struggles for ascendency at periods not remote from the present. There was the danger that the removal of civil disabilities might materially alter the relations in which the Roman Catholics[249] stood to the State. Sir Robert Peel, in his "Memoirs," recites those difficulties at length, and in all their force. He fully admits that "the Protestant interest" had an especial claim upon his devotion and his faithful service, from the part which he had uniformly taken on the Catholic question, from the confidence reposed in him on that account, and from his position in Parliament as the representative of the University of Oxford.