CHAP. VI. The standing Order for the Exclusion of Strangers from the Gallery of the House of Commons, during the Inquiry into the Scheldt Affair, enforced by Mr. Yorke.-Motion on the Subject of this standing Order by Mr. Sheridan-Who displays the Advantages of the Liberty of the Press, and particularly the unrestrained Publication of the Debates and Proceedings of Parliament.-Mr. Sheridan's Motion negatived. The Vote for enforcing the standing Order made a Subject of Discussion in a Debating Club, and severely censured.-John Gale Jones, the President of the Club, sent to Newgate by the House of Commons-In this Step, it is contended, by Sir Francis Burdett, that the House of Commons exceeded their Constitutional Powers.Motion by Sir Francis for the Liberation of John Gale Jones.Debate. The Motion negatived by a vast Majority.-Letter from Sir Francis Burdett to his Constituents, published in a Weekly Paper, denying the Right of the House of Commons to imprison the People of England-Brought under the Consideration of the House of Commons.-Long Debates.-Sir Francis Burdett ordered to be sent to the Tower.-Delay in the Execution of the Order.-Saucy Letter from Sir Francis to the Speaker of the House of Commons.--Sir Francis taken from his House by Force, and sent to the Tower -Tumults and Accidents-Sir Francis Burdett's Letter to the Speaker laid by him before the House.-Severe Strictures on the Conduct of Sir Francis Burdett.-Resolution of the House of Commons on Sir Francis Burdett's Letter to the Speaker.-Actions at Law brought by Sir Francis Burdett against the Speaker, the Serjeant at Arms, and the Earl of Moira, as Constable of the Tower.-These Parties defended. And the Privilege of the House of Commons, in the Cases to which they refer, recognized by the Court of King's Bench, as Part of the Law of the Land.-Addresses to Sir Francis Burdett, and Petitions to the House of Commons for his Release; and also for that of Mr. Jones from Newgate.-A grand Procession arranged, intended as an Act of National Homage to Sir Francis Burdett, on the Day of his Liberation from the Tower-Sir Francis Burdett slips away from the Tower by Water.-Discontents at this.-But the Procession goes on.-Remarks on the Conduct of Sir Francis burdett in conniving at the Design, but declining to join in the Procession Reflections on the Practice of publishing Daily Accoun:s of what passes in Parlia ment. A FTER the House of Commons had determined to proceed to an inquiry into the expedition to the Scheldt, a circumstance took place which, though apparently only of a trivial nature, gave rise to much important discussion. Mr. Mr. Yorke, February the 1st, gave notice that when the inquiry should be gone into, he would proceed to enforce the standing order of the house for the exclusion of strangers. This he did, not from any wish to keep their proceedings from publicity, in due time, but with a view to guard against the possibility of any misrepresenfation or misunderstanding out of doors before the minutes should be published. The house having rcsolved itself into a Committee on the expedition to the Scheldt next day, Mr. Yorke, according to his notice, moved the standing order for the exclusion of strangers, which was of course enforced. On the subject of this standing order, one of those settled at the commencement of every session of parliament, a motion was made, February the 6th, by Mr. Sheridan. There was nothing in what he should propose that savoured of party motive or political bias. His sole object was to impress on that house the vital necessity of meriting by its conduct, at that critical period more than ever, the confidence of the people. A House of Commons that regarded its own character, and respected the opinion of its constituents and the public, should not resist the feelings of the public at a period like the present. What was there in the investigation in which the house was now engaged that called for secrecy disclaimed in a recent inquiry which might have pleaded for that delicacy? Would the house grant to an accused ministry that protection which concealment could afford on a question of great political im portance, after having refused it to • The minutes of the evidence were published every third day, during the progress of the investigation. G4 bate bate goes on. The strangers are in possession of all that has passed; and thus, by its very operation, the object of that standing order was defeated. But if that order claimed such particular reverence, it should be remembered, that there were many others which any other member could move to have enforced-instances of these Mr. Sheridan mentioned. There was also, be observed, another order which held it to be the privilege of members to pass strangers through the house into the gallery, except while the house was sitting. Here then were two orders wholly irreconcilable, unless it was intended that members should introduce their friends for the purpose of being committed to the custody of the serjeant at arms. Was it not, then, a duty to reconcile such orders to themselves, and to common sense? It was not his inten'tion to move for the repeal of the order, or to maintain that there never could arise an occasion when strangers ought to be excluded; but he did wish the order to be so modified, that it should not depend on the caprice or pleasure of any individual member, but be fairly submitted to the decision of the house. When strangers were introduced by members they should be allowed to continue, except when the question was such that it was not proper to be discussed before strangers-When the character of the king's son was to be investigated, not a syllable had been heard of the exclusion of strangers; but when the conduct and character of ministers were to be inquired into, then it appeared to be a subject too tender and delicate for public inspection in that bouse. Mr. Sheridan thought that there never was a period in our history in which it was more necessary for parliament to conciliate the public; therefore he moved, "That a Committee of privileges be appointed to meet to-morrow, in the speaker's chamber, to consider the order of the 25th of January last." Mr. Windham wished to know. in what manner the daily publishing the debates was advantageous to the country. He asked what was the value to their constituents of knowing what was passing in that house? Supposing they should never know, it was only the difference between a representative government and a democracy. Till the last thirty years, or a few years farther back, it was not even permitted to publish the debates of that house. So lately as the times of Dr. Johnson the debates were never published but under fictitious names. He had heard that proprietors of papers had talked of the injustice of closed doors. This was to consider the admission of strangers into the gallery as a privilege. But though he might, perhaps, think it useful to let this practice continue, after having so long prevailed, he did not allow it to be a privilege. Were that the case, we should come into a state of democracy: a state like that of Athens. If admission into the galleries had been winked at, this was no reason that it should be continued on all occasions, and that persons should make a trade of what they obtained from the galleries: among which persons were to be found persons of all descriptions; bankrupts, lottery office keepers, stockbrokers, footmen, and decayed tradesmen. Hedid not wish to establish such a power in the press as as to enable it to control parliament. He now saw that the uniform and constant admission of strangers led to a most mischievous tendency-no less than to change the character of a representative government, which presumed conEdence in the representative body, into that of a democracy, in which every thing was done by the people. The house ought to maintain those regulations and orders which had so long prevailed. He would assert that the rights of the house were now in danger of being lost from misuse. Lord Folkstone thought it desirable that the publicity of their proceedings should not experience any material interruption. Had the publication of these been in no instance connived at, he was by no means prepared to deny that he might, at the present moment, have opposed the introduction of such a practice for the first time. Yet as the public had been allowed regularly to receive a report of the proceedings in parliament, he was desirous that no casual interruption of that permission should occur. He was also solicitous that, as a charge bad taken place in the circumstances of the country, and even in the character of parliament, that change should be accompanied by corresponding changes in other respects. His right honourable friend had said, that the idea of a representative body implied that of the confidence of the persons represented. He wished it might be so not only in theory but in fact. And yet there were many persons who concurred in thinking, not only that the house had not the confidence of the country, but that it did not deserve to have that confidence. Most assuredly it was an ill-advised mode of obtaining the general con fidence to shut the nation out from obtaining information on an inquiry of the greatest magnitude, and towards the result of which every eye was steadily and anxiously directed.-Mr. Yorke protested against the supposition that it was necessary for a member, who should move to enforce a standing order, to state the reasons which induced him to do so. He had moved the order on the present occasion, from a consideration of the many misstatements which went forth to the public last year, on a very important inquiry before that house. They were now performing their great function as the grand inquest of the nation. The grand jury of a county never admitted strangers during the time of their examining evidence. A right honourable gentleman had asked why they had not proceeded in the same manner in the course of a memorable inquiry last year? He regretted most sincerely that they did not; and he took sbame to himself that he had not then enforced the standing order. The standing order in question was a most antient order; the principle on which it was founded was, perhaps, interwoven in the original constitution of the house. Under God, the maintenance of the commonwealth was owing to the support of the privileges of that house, which privileges were essential to the support of their authority. Mr. Tierney observed, that between the situation of a grand jury and that in which the house now stood there was a striking differ`ence. The proceedings of the grand jury were not published at all; all; but, in the present instance, although the House might not choose to allow the newspapers to publish their proceedings from day to day, yet they themselves were aware of the necessity of their being published, and intended to publish them in another manner. When it was considered that now a tenth part was demanded of every man's income, and when large standing armies were main tained in the country, it would be too much to say that the public should not know on what grounds all this was necessary. If therefore in a committee of privileges, any modification of the standing order for the exclusion of strangers could be hit on, in order to prevent its capricious enforcement, would not such an emendation be highly advantageous? Mr. Lyttleton supported the motion, and conceived that the committee of privileges might easily find out a way of having correct reports published by authority of whatever passed in that house without excluding strangers.-Mr. Peter Moore asked if there was any thing going forward in that house of which they were ashamed? Sir Francis Burdett said, that if he could see in that house a body of gentlemen fairly and freely selected by the people, as the guardians of their rights, then indeed he should see no particular objection to the inquiry being conducted in secret, and the evidence being given to the public in the manner now proposed. Unfortunately, however, the house stood before the country in circumstances of great suspicion. It had been considered by some that, in point of character, they were on their last legs. As for his part he greatly feared that, in point of reputation, the house had not a leg to stand upon.-The Chancellor of the Exchequer thought it highly disorderly to assert that the reputation of the House of Commons had not a leg to stand upon.The Speaker was of the same opinion.-Sir Francis Burdett said he had not made the assertion positively, but only stated it as his apprehension; but, with all due submission, he had not expected such nicety, when he recollected the 11th of May last, and the acquittal of a minister detected in an attempt to introduce, by corrupt means, persons to seats in that house. He had not expected such extreme delicacy from an assembly that had, last sessions, acknowledged itself to be contaminated, and that by an act of parliament;* nor supposed such an extreme degree of affectation of purity, as that they must not allow their ears to hear what they were not ashamed to do. The motion before them branched into a threefold point of view it respected their former situation; the present practical effect of the enforcement of these orders; and also the particular case. As to the first, what became them formerly to do, was not the question now, for they were no longer what they had been then. In the other two points of view he had no objection to the motion. : In allusion to the bill brought into the House of Commons, by the Chancellor of the Exchequer, the 27th of March, and passed into a law, for preventing the sale and brokerage of offices. Mr. |