§ The Serjeant then brought him to the bar.
§ The Speakerinterrogated him.
Is your name Dean?—It is.
What is your Christian name?—John.
§ The Speaker. John Dean, a complaint having been made to this House, that you had printed a paper reflecting upon its proceedings, and upon the conduct of some of its members, what have you to say for yourself respecting the offence you have committed?
John Dean. It was I that printed that paper. I was employed to print it by John Gale Jones. I have been employed by him in printing such papers for three or four years. I did not know that in printing that paper I was committing an offence against this honourable House. That paper was printed without my knowledge of its contents, as I did not see the press copy of it until after the whole impression was thrown off. I humbly beg pardon of this honourable House for my offence, and am ready to give up the manuscript, and to prove that it is the hand-writing of John Gale Jones.
§ The Speaker. You may withdraw. 497 Serjeant, take care that he does not depart.—On the printer having withdrawn,
Mr. Yorkeexpressed his satisfaction, that the person at the bar appeared sensible of his offence, and not only expressed contrition, but offered to make the only atonement in his power by giving up the author of this gross libel. Every gentleman must allow, that it was a breach of the privileges of that House. He thought that printers should be made to feel, that they could not print such libels with impunity. In this case, the individual could not but have known, that, in printing such a paper, he was doing wrong. In consideration, however, of his submission, he did not mean to press for any severity towards the printer. But, whatever it might be the pleasure of the House to do with the printer, he should feel it his duty to take measures to have John Gale Jones brought to the bar.
After a suggestion from the Speaker, as to the usual mode of proceeding in such cases, it was moved by Mr. Yorke, and voted, nem. con. "That the said J. Dean, in having printed the said paper, has been guilty of a high breach of the privilege of this House."
Mr. Yorkeexpressed a wish to hear the opinions of other gentlemen as to the course that should be followed. He supposed the next step should be to move that he be ordered into the custody of the Serjeant at Arms.
§ The Speakerthought it his duty to state to the House what had been its practice on similar occasions. The last case of this description which occurred, was that of Wiikie, and in that instance the offender had been ordered into custody. The House having voted, that the person at the bar had been guilty of a high breach of its privileges, could not pass over the offence without some degree of imprisonment, in order to shew printers that they could not commit such offences with impuity.
The Chancellor of the Exchequer, after what had been stated from the chair, felt inclined to concur with his right hon. friend, that the person should be ordered into the custody of the Serjeant at Arms. As the person at the bar, however, had offered to give up the actual author of the libel, he wished the House to be as lenient to him as possible.
§ Mr. H. Smiththought that the printer deserved some consideration. It would be more dignified in the House to order 498 the man to attend at the bar to-morrow. He concluded by moving an amendment that he be ordered to attend to-morrow.
§ Mr. Whitbreadfelt that, after what the Speaker had stated, it would be necessary to take some further notice of the offence than was proposed in the amendment of the hon. gent. If that hon. member would withdraw his amendment, then he should propose an amendment, that the person at the bar be reprimanded by the Speaker, and discharged.—The other amendment having been withdrawn, the hon. gent. then proposed his amendment.
§ Mr. Crokerobserved, that the House had no security but his own assertion, that the statement of the person at the bar was correct. It might, therefore, be necessary to keep him in custody till the truth of his statement could be ascertained.
§ Sir J. Anstrutherwas of opinion, that such offences as those of the person at the bar might be suffered to pass sub silentio. According to the statement of that person, the practice had gone on for three or four years, without any notice having been taken of it; and it was not till the name of the right hon. gent. had appeared in large characters in these papers, that he felt it necessary for him to bring the subject now for the first time before the House. Gentlemen should bear in mind the time and circumstances in which this matter was brought under their consideration. The slightest punishment would be sufficient, and as this was the first time for four years that the subject had been before the House, he thought that some notice should be given to printers, that they may not err in the same way again.
The Chancellor of the Exchequerwas not shaken by what he had heard as to his original opinion. On the contrary, what had fallen from his right hon. friend rather confirmed him in that opinion. If the practice had been going on for a length of time, it was necessary to take measures to put a check upon it. He was inclined to be as little severe as possible, but some punishment must be inflicted. He was sure it was not the intention of his hon. friend, to give countenance to such a practice, though it would obviously have that effect. If the persons who committed such offences should find that there were gentlemen in that House to protect them, they would be encouraged to proceed. To keep the man in custody for the advantage of his evidence, was no more than was done uniformly in case of 499 a witness who was particeps criminis. He should therefore concur in the vote for committing the party to custody.
§ Mr. Hornercongratulated the right hon. gentleman on the recovery of his animation in argument and debate. He had risen from that languor and chastened tone, which he had hitherto employed in discussing the most important political questions; but perhaps he had now found a subject more to his mind. The only question now to be considered was, what was the extent of the offence, and what should be the measure of punishment? He was of opinion that the more lenient the punishment, the more suitable it would be to the dignity of the house.
Lord Porchestersaid, the question simply was, whether the punishment should be severe or lenient. He thought this printer had shewn every mark of contrition: and he begged the House to recollect, that printers had of late years been obliged to sign their own accusation in the first instance, by giving their name and address at the end of every thing they print. It had therefore been held, in the courts of law, that where a printer willingly gave up his employer, the author, the most lenient punishment should be inflicted. On this ground, as well as from the printer's whole behaviour while before the House, he should vote for his being now reprimanded and discharged.
§ Mr. C. Adamsproposed, that he should be taken into the custody of the serjeant at arms for an hour.
The question on the amendment was then put and negatived: and afterwards the original motion, "that the said John Dean be committed to the custody of the serjeant at arms," was agreed to, and Mr. John Gale Jones was ordered to attend to-morrow.