§ Mr. Wetherellrose to call the attention of the House to a paragraph in "Flindell's Western Luminary," reflecting severely on the conduct and character of her majesty. He thought it his duty to take this step, because it was impossible for the House to pretend to be ignorant of the nature of the bill which had recently been introduced in another place, or of the severe punishment which, if it were passed into law, it would inflict upon her majesty. The paragraph to which he alluded was one of the most gross attempts he had ever witnessed to pervert the course of justice, as it declared, in the most offensive terms, that the queen was actually guilty of the charges which had been preferred against her. It was true that the proceeding pending elsewhere was not in strictness a judicial proceeding; but it could not be denied that it was an act of one branch of the legislature connected with a most solemn and extraordinary judicial inquiry. Being such, it might also be brought before them, and therefore the House was, as far as regarded it, to all intents and purposes a court of law. Now, if a paragraph had appeared in any publication, reflecting upon the lowest and most subordinate subject in the realm, in the same manner that this shameless paragraph did reflect upon the most exalted subject in it, the lower courts would deem it their duty, supposing that the honour and character of the individual thus assailed were to be on trial before them, to punish the author of such paragraph for wickedly, attempting to bias the minds of the jury, and to destroy the freedom and impartiality of justice. Would, then, that House, acting as the high court of parliament, fail to exercise those judicial duties which its situation entailed upon it, and which every other court would feel itself imperiously called upon to exercise under similar circumstances? Would they allow those insinuations, which would be severely punished if made against the meanest individual in the country whilst 587 under trial, to remain unnoticed when uttered against the highest? If they did, they would not be acting with that even-handed justice which it became them to observe upon this occasion. It was impossible for him to put the motion which he intended to make upon this subject into proper form by to-morrow; but he trusted that the House would not suffer this attack upon her majesty, which he conceived to be equally an attack upon the privileges of parliament, to pass without severe animadversion when it should meet again after the adjournment. Indeed, he could wish that what he had just been saying should be considered, and stand as a notice of motion upon this subject; for he should certainly move, after the adjournment, that the House do give instructions to his majesty's attorney-general to file a criminal information against the proprietor, for this gross and scandalous paragraph against her majesty.
§ Mr. Tierneyasked the learned member whether he could not lay the paragraph in question upon the table that evening, and give notice for to-morrow.
§ Mr. Wetherellsaid, he was not prepared to take this step; as he had not a copy of the paper in his possession.
Dr. Lushingtonsuggested that the paper could be procured either in the course of that evening or of to-morrow.
§ Mr. Wetherell then gave notice of the motion for to-morrow.