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THREE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:—In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.

THREE:The press played a most important part in the agitation for Reform. A host of the most witty, brilliant, and powerful writers of the day wielded their pens against monopoly with tremendous effect, assailing it with argument and ridicule, like a continual storm of shot and shell. Of these, the[334] most distinguished was the Rev. Sydney Smith, who mingled argument, sarcasm, humour, and pathos, in his ardent advocacy of the popular cause, with a power and effect that made him a host in himself. In answer to the objection that the Reform Bill was a mere theory, he furnished the most telling illustrations, from life, of the way in which the existing system kept down merit and damaged the public service. So far from Reform being a mere theoretical improvement, he said, "I put it to every man who is himself embarked in a profession, or has sons in the same situation, if the unfair influence of borough-mongers has not perpetually thwarted him in his lawful career of ambition and professional emolument? 'I have been in three general engagements at sea,' said an old sailor; 'I have twice been wounded; I commanded the boats when the French frigate Astrolabe was cut out so gallantly.' 'Then, you were made a post captain?' 'No, I was very near it, but Lieutenant Thomson cut me out as I cut out the French frigate; his father is town-clerk of the borough of which Lord F—— is member, and there my chance was finished.' In the same manner all over England, you will find great scholars rotting on curacies, brave captains starving in garrets, profound lawyers decayed and mouldering in the Inns of Court, because the parsons, warriors, and advocates of borough-mongers must be crammed to saturation before there is a morsel of bread for the man who does not sell his votes and put his country up for auction; and though this is of every-day occurrence, the borough system, we are told, is no practical evil...." Another witty and brilliant writer, Mr. Fonblanque, rendered important services to the cause of Reform by his writings in the Examiner, which have been collected under the name of "Seven Administrations." Though Radical in its tendencies, he wrote, "Ministers have far exceeded our expectations. The plan of Reform, though short of Radical Reform, tends to the utter destruction of borough-mongering, and will prepare the way for a complete improvement. The ground, limited as it is, which it is proposed to clear and open with popular influence, will suffice, as the spot desired by Archimedes, for the plant of the power which must ultimately govern the whole system. Without Reform, convulsion is inevitable. Upon any Reform further improvement is inevitably consequent, and the settlement of the Constitution on the democratic basis certain."[1] At this period the Times was by far the greatest power of the newspaper press, and its advocacy of the cause of Reform was distinguished by a vigour and boldness which rendered it obnoxious to the House of Lords, and provoked an attack on the liberty of the press that caused a great deal of excitement during the discussions on the first Reform Bill. Mr. Lawson, the printer, was arrested, but released after a reprimand.

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THREE:CHAPTER X. REIGN OF GEORGE III. (continued).