§ Sir C. Hamiltonrose and stated 32 to the house that a few days ago, being in his own house, a servant in livery came there with a note, which was brought into the room to him by his own servant, on opening which he found it was from a person he did not know, and while he was telling his servant it was a mistake, and the note was not to him, Daniel Butler, the person Complained of, and another man, rushed violently into the room, and Butler said he had a writ against him, which he gave him to read; that on reading it, he found it was for sir John Charles Hamilton, on which he told the officer that he had made a mistake; that his name was not John Charles, but merely Charles Hamilton; that he was not the person, and, besides all that, he was a member of parliament. The officer, however, persisted that his name was John Charles Hamilton, insisted he should go with him, and behaved with great rudeness. Finding all remonstrance vain, he agreed to go with him; but previous to doing so, he said to the officer, in the presence of all his servants: "Then you persist in my attending you, notwithstanding all I have told you?" Butler answered—Yes. "And if I don't go quietly I suppose you will force me?" Butler replied—Yes, certainly. On which sir Charles went with him to his attorney, and there the man being convinced of his error, let him go. Sir Charles said, he was informed by the attorney that he had no remedy against him by a legal prosecution, so that if he had not been a member of parliament, he must have put up with the insult. This circumstance happened in the afternoon, but neither in the course of that day nor the next did the officer send to make any apology. He thought it therefore his duty to state the transaction to the house, as it so materially concerned their privileges. He concluded by moving, "That Daniel Butler be called to the bar."
On Butler's appearing at the bar, the Speaker told him that sir Charles Hamilton having informed the house of his having arrested him, he (Butler) would state what he had to offer in his defence for having so done. The man making no answer, and having a paper in his hand, the Speaker asked him, what paper that was he held in his hand? He answered, He could not read.—Q. Did he know the contents? A. Yes.—Q. What where the contents?—Not answering, he was asked; did he write it 33 himself? A. No.—Q. Did he dictate it? A. No.
Mr. Yorkemoved that he should withdraw; which having done, he moved that Butler be examined as to the statement made by sir C. Hamilton. Being called in, the Speaker asked him, "If when he arrested sir C. Hamilton, that gentleman did not endeavour to satisfy him he was not the person whom Butler came to arrest? He answered, Yes.—He was ordered to withdraw.
The Chancellor of the Exchequersaid, he believed the house could have no doubt of this being a gross breach of privilege. The hon. baronet had evinced a most patient and forbearing spirit, and as the man had not attempted to palliate his offence by the slightest apology, he moved, "That the said Daniel Butler having arrested and insulted the said sir Charles Hamilton, as stated in the said complaint, is guilty of a high breach of the privileges of this house."—Which was agreed to nam. con. He then moved, "That Daniel Butler, for the said offence, be committed to Newgate."—Ordered.