ONE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.When the Peers assembled on the 7th it became quite evident that in allowing the Bill to go into committee they were only practising a man?uvre. In the first place they wished to prevent the creation of peers, and in the second they were resolved to mutilate the Bill in committee. They were aware that they had the sympathy of the king in this plot, and that he would have been glad of their success, irritated as he was by the coercion and pressure put upon him by his Ministers. The first step was taken by Lord Lyndhurst, who proposed in committee to defer the consideration of the disfranchising clauses till the enfranchising clauses had been considered. "Begin," he said, "by conferring rights and privileges, by granting boons and favours, and not by depriving a portion of the community of the privileges which they at present enjoy." This ostentatious preference of boons and favours for the people, postponing disfranchisement to enfranchisement, ringing changes on the words, was a mere artifice, but it was at once seen through by the indignant people. Lord Grey and Lord Brougham promptly exposed the attempted imposition; the former hoped the noble lords would not deceive themselves. He would not say that the proposal was insidious, but its object was utterly to defeat the Bill. He declared that if the motion were successful it would be fatal to the whole measure. It would then be necessary for him to consider what course he should take. He dreaded the effect of the House of Lords opposing itself, as an insurmountable barrier, to what the people thought necessary for the good government of the country. The noble earl's warning was on this occasion disregarded. The House being in committee proxies could not be counted, and the amendment of Lord Lyndhurst was carried after an angry debatecontents, 151; non-contents, 116; majority, 35. This division put a sudden stop to the proceedings in committee. Lord Grey at once proposed that the chairman should report progress, and asked leave to sit again on the 10th. Lord Ellenborough endeavoured to dissuade him from this course, and proceeded to give a description of the measure which he was prepared to substitute for the Ministerial Bill, and which he presumed to hope would be satisfactory to the country. This was a critical moment in the destiny of England, and the awful nature of the crisis seemed to be felt by all present, except those who were blinded by faction. Lord Grey had now but one alternative, a large creation of peers or resignation. With a majority against him in the Lords so refractory, nothing could be done; but the king declined to create the fifty peerages which the Ministry demanded. Accordingly, on Wednesday,[350] the 9th of May, the resignation of the Ministers (and the king's acceptance of it) was formally announced by Lord Grey in the House of Lords, and by Lord Althorp in the House of Commons. Lord Ebrington immediately rose, and gave notice that he would next day move a call of the House, and then an Address to his Majesty on the present state of public affairs. In the course of the debate which ensued, attempts were made by Mr. Baring and Sir Robert Peel to excite sympathy for the Lords, as taking a noble stand against the unconstitutional pressure upon the king for the creation of peers, but in vain. Neither the House of Commons nor the country could be got to give them credit for any but the most selfish motives. They considered their obstinacy to be nothing better than the tenacity of the monopolists in power. Mr. Macaulay indignantly denounced their inconsistency in pretending that they wished to carry a measure of Reform. The influence of the Crown, always powerful, was visible in the division on Lord Ebrington's motion. The "ayes" were only 288 instead of the 355 that carried the third reading of the Reform Bill. There were evidently many defaulters; but woe to them at the next general election! Rigid scrutiny was instituted, and a black list made out of those who had deserted their constituents on this momentous question. In the meantime the most angry remonstrances came to absent members from their constituents. The motion, however, was carried by a majority of 80. It was evidently a relief to the king to get rid of the Whigs; and he knew so little of the state of public feeling as to suppose that a modified Reform measure, a mere pretence of Reform, would satisfy the country. He therefore sent for Lord Lyndhurst in order to consult him, assigning the reason, that being now Chief Baron, he was removed from the vortex of politics, although he had led the Opposition in their successful attack upon the Ministerial measure. The first thing Lord Lyndhurst did was to wait upon the Duke of Wellington and Sir Robert Peel, to both of whom he stated the views of the king. His Majesty insisted that some extensive measures of Reform should be carried. "My advice to the king," said the Duke, "was not to reappoint his late Ministry, nor was it to appoint myself. I did not look to any objects of ambition. I advised him to seek the assistance of other persons well qualified to fill the high situations of the State, expressing myself willing to give his Majesty every assistance, whether in office or out, to enable him to resist the advice which had been given him." The Premiership was offered to Sir Robert Peel, but he peremptorily declined to take such a perilous position, declaring that "no authority nor example of any man, nor any number of men, could shake his determination not to accept office, under existing circumstances, upon such conditions." On the 12th of May the Duke undertook to form an Administration, taking the post of Prime Minister himself. Mr. Manners Sutton was to be leader of the Commons, Lord Lyndhurst Chancellor, and Mr. Baring Chancellor of the Exchequer. For five days the courageous Duke was engaged in a desperate effort to form a Cabinet. But no sooner was it known throughout the country than a terrific storm of popular fury burst forth, which threatened to blow down the House of Peers and sweep away the Throne. The king, from being the popular idol, became suddenly an object of popular execration. The queen, who had also been a great favourite with the people, attracted a large share of the odium excited against the Court. It was understood that her influence had much to do in causing the king to desert Lord Grey, and to break faith with him with regard to the creation of peers. The king and queen were groaned at and hissed, and pursued with tremendous noises by the people, while passing through the town of Brentford. Dirt was hurled at the royal carriage; and if the military escort had not kept close to the windows, it is probable their majesties would have sustained personal injury. Along the road to London the people expressed their feeling in a similar manner; and when the carriage entered the Park the mob saluted their majesties with yells and execrations of every description.
Lorem ipsum dolor sit amet, consectetur adipisicing elit. Modi, facere eum corporis aliquam qui suscipit eius odio maiores inventore sit. Reprehenderit nulla explicabo repellendus maxime! Excepturi quam quibusdam dolore vel.
