PRIVILEGE — COMMONS' RESOLUTIONS. (Hansard, 6 June 1837)

Lord Ellenborongh
said, that when the noble and learned Lord opposite had given notice a few days since of his intention that day to take notice of the resolutions which had been recently adopted in the House of Commons, he had ventured, with very great respect, to submit to the noble and learned Lord, that no motion, under the circumstances, ought to be submitted to their Lordships without mature and grave consideration, inasmuch as it would lead to difficulties of no ordinary nature, if they were to entertain a question of privilege without being absolutely obliged to entertain it. He had stated his conviction of this when the noble Lord gave notice of his intention, and since then the consideration he had given the subject had strengthened him in his first impression, and he would therefore venture again to press upon the consideration of the noble and learned Lord what he had then ventured to state; and also that in reference to the resolutions adopted by the House of Commons, although their Lordships could take notice of them in the proceedings of their own, or on a communication to the House of Commons, yet that being so, still as these resolutions had not been communicated to their Lordships, as there had been no step taken for this purpose, and also as the House of Commons had not yet acted upon them, the time had not yet arrived when it would be proper to make a motion with respect to them. He would therefore venture to suggest to the noble and learned Lord whether he would not reconsider his determination.

§ The Duke of Richmond
also hoped that his noble and learned Friend would postpone his motion.

§ Lord Lyndhurst
joined with the noble Duke and noble Baron in requesting of the noble and learned Lord to postpone his motion. As nothing had yet been done with respect to the resolutions, there was not an absolute necessity for their proceeding immediately to their consideration.

§ Lord Denman
When the noble Lord opposite, a few nights since, expressed his hope that I would not proceed upon a matter of such very great importance as this without mature consideration, I assured the noble Lord at that time, that I had given it my most mature consideration, and I will venture to say, that the observations which he then made, and 1214 which I considered of very great weight, have since received from me the most full and mature consideration. They have all passed in my mind; but notwithstanding all these considerations, I thought it was the less evil on my part to take some notice of what had passed, than allow matters to go on without noticing it at all. My Lords, I cannot very sincerely say that I think it better at present to forego the consideration of a question of such immense importance. Although these resolutions have not been communicated to your Lordships, and although no steps have been taken concerning them by the House of Commons, I certainly thought, as they were upon the votes which are regularly laid on your Lordships' table, and more particularly as those resolutions are not confined to the assertion of the privileges of that House, but refer to the privileges of both Houses, I certainly am of opinion that the circumstances that have taken place, give me a fair and proper opportunity to bring the matter before your Lordships. My Lords, I consider myself as an individual standing in a situation of accusation, if not of conviction. I find my conduct has been considered rash in doing that which, as one of the sworn judges of the land, it was my duty to do; and which duty I should have deserted had I not done as upon that occasion I did—that is, in laying down the law as I believe it in my conscience to be. I see no cause to change my opinion from the discussion that has taken place. I am ready, my Lords, to lay down that opinion the very moment I am convinced that it is incorrect; but to which I will adhere to the very last moment of my life as long as in my conscience I think it is correct. I certainly thought that it was my duty to take the first opportunity of disclaiming the charges of acting with rashness and impropriety. In making these observations, I wish not to become the voluntary censor of so important an assembly as the House of Commons; but I thought that the opportunity was given for entering into the consideration of an important subject, and to which we were invited—and at least of checking the adoption of resolutions on the part of others, which, I confess, from anything that has passed, ought to be founded upon better arguments than any that I am yet aware of. Though I felt that I was bound to discuss the subject now, yet it is impossible for me to resist an impression 1215 which I think I perceive to be general among your Lordships. I have to thank the noble Baron opposite for the courtesy with which he gave his advice, and I am sure any thing that falls from the noble Duke will always be entitled to the utmost respect on my part. I think I see an impression among your Lordships that this matter ought not to be brought forward, unless there is something like a necessity for it. I, however, beg leave to say, that in adopting that advice, I do not withdraw the notice of a motion that I gave, but I reserve to myself at some future period, when other events may make such proceedings necessary, the right of bringing this matter before your Lordships. I should wish to name some other day to which this notice might be postponed. I am told that on Thursday it is quite impossible to expect that there should be any attendance here, and I should be sorry not to have the matter considered by an inconsiderable number of your Lordships. On Friday your Lordships' time will be occupied by an important matter. Monday happens to be the last day of term, and it is well known that judges on that day cannot attend anywhere but in Westminster-hall. I shall therefore beg leave that this motion may remain on your Lordships' books till Tuesday, reserving to myself the right, if I then think proper, of calling your Lordships' attention to it.