LITMIR.BIZ

      CHAPTER XXIII.

       Table of Contents

      Important Question as to the Privilege of Parliament.—Liberty of the Press.—Scandalous Resignation of Privilege by the House of Commons.—Abandonment of General Warrants.—Debate on the proceedings against Wilkes.—“The Moderator,” a new scurrilous paper.—Lord Clive.—Riot on the attempt to burn “The North Briton.”—Debate on this subject in the House of Lords.—Triumph of Wilkes in his prosecution against the Under-Secretary of State.—Dismissals by the Court.—The Chevalier d’Eon.—Attempt to assassinate Wilkes.—The East India Company and Lord Clive.—Wilkes and the Parliament.—Outlawry against Wilkes.

      On the 23rd of November came on the important question whether the Privilege of Parliament preserved the members from being taken up for writing and publishing libels. At first sight, a disinterested person would perhaps think it strange that it should be a question whether a seat in the Legislature should not secure the Legislators from the penalty of breaking the laws, for publishing a libel is undoubtedly illegal; but to those acquainted with our Constitution, it will perhaps appear more extraordinary that a House of Commons should suffer such a question to be proposed to them, and that they should condescend to agitate it. Will our posterity believe that a House of Commons gave it up? but it was that House of Commons that had sold itself to approve the late Peace. Still it is to be admired that this cessation of their privileges should be wrung from them, after the Court of Common Pleas had declared that Privilege held against everything but treason, felony, and breach of the peace. A libel, at most, but tended to a breach of the peace.

      The Legislature consists of the three branches of Kings, Lords, and Commons. Together they form our invaluable Constitution, and each is a check on the other two. But it must be remembered, at the same time, that while any two are checking, the third is naturally aiming at extending and aggrandizing its power. The House of Commons has not seldom made this attempt, like the rest. The Lords, as a permanent and as a proud body, more constantly aim at it: the Crown always. Of liberty, a chief and material engine is the liberty of the Press: a privilege for ever sought to be stifled and annihilated by the Crown. The ministers of the Crown and its lawyers must misrepresent the liberty of the Press before they can presume to request the suppression of it. Every grievance set forth in print is misnamed a libel; and grave laws necessarily disapprove libels. If the Crown can arrive at precluding Members of Parliament from complaining in print of grievances, no doubt the Crown could debar all other men, who are of less importance, and whose persons are guarded by no sacred privilege. Liberty of speech and liberty of writing are the two instruments by which Englishmen call on one another to defend their common rights. Liberty of speech is communicated but a little way; the Press gives wings to that voice, and all men may read what all cannot hear. Freedom of speech in Parliament is not so valuable as freedom of writing. A man may hazard many necessary truths in print, when he may conceal his name, which he might not venture to utter in open Parliament. If discovered, his privilege used to be his security. Nor is this a vindication of libels, properly so called; but a Court will call a libel the most just censure of tyranny. Yet could it not wrest from Members of Parliament the safety of their persons without their own consent—and in what instance did the Court ask this?—in what instance did the House of Commons yield it? Mr. Wilkes, one of their own members, had been taken up by a General Warrant, in which his name had not so much as been mentioned. Contrary to all precedent, he had been committed close prisoner to the Tower—a proceeding so arbitrary, that a Court of Law had set him free. The House of Commons sacrificed him and their own privileges, and yet shame—I mean disgrace, so soon overtook them, that General Warrants, such as that on which Wilkes was arrested, were given up, condemned, exploded—but half the wound remains, for this scandalous vote was never rescinded!

      It is true, that on the debate it did appear that there were many and many precedents on both sides. Often had privilege protected a member—often it had not; but how did that happen to be the case? It happened, because there had been various cases in which the Crown was not concerned, but where the contest had lain between subject and subject; and in those instances the House had often determined different ways. But on the great case of the seven Bishops, in the reign of James the Second, Privilege of Parliament had been vindicated and secured. What would have become of those prelates if the Court had had this precedent of Wilkes to justify its violence? Even allowing that privilege were not inherent in members, but had been decided sometimes for, sometimes against them; was this a time—was this an instance, in which the House should have waived its pretensions? Was the blow it gave itself likely to be repaired? But let the preceding and subsequent conduct of this ductile and servile House of Commons tell its motives!

      The debates were not brilliant, but serious and solemn as the occasion required. Lord North387 was the chief manager for the Court, supported by Norton, George Grenville, Morton,388 and Elliot. Lord North’s mouthing and boisterous manner, his coarse figure, and rude untempered style, contributed to make the cause into which he had unnecessarily thrust himself appear still more odious. Pitt, Beckford, Legge, Sir George Saville, Sir William Baker, and James Grenville defended the Constitution. Much was said on the danger to which every man’s private papers were now exposed, and more on the injustice of hurrying on this decision, when Wilkes could not for his wound appear to defend himself, when he was prosecuting both the Secretaries of State and the messengers, and when he was to be tried himself for the libel. What court, what judge, what jury, but must be prejudiced by a decision of the House of Commons against him? This plea was glaring, was crying. The lawyers themselves many of them allowed it, and the debate took that turn; the Opposition endeavouring to stave off the question on

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