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FORE:Another action was brought by Stockdale; the printers were directed to plead the privilege of the House. The Court gave judgment against the plea, and damages were afterwards assessed, which the House of Commons ordered the Messrs. Hansard to pay. On the 31st of July those gentlemen again communicated to the House that similar legal proceedings were threatened by Mr. Polac, on account of alleged defamatory matter in a Parliamentary Report on the state of New Zealand. The House of Commons passed another resolution, reaffirming its privilege, and directing Hansard not to take any defence to the threatened action, which, however, was not proceeded with. But Stockdale, on the 26th of August, 1839, commenced a third action for the publication of the report, which continued to be sold. The printers then served him with formal notice of the resolutions of the House and of their intention not to plead. Stockdale, notwithstanding, on the 26th of October filed a declaration in the said action, wherein the damages were laid at ��50,000; and on the 1st of November interlocutory judgment was signed for want of a plea. On the 2nd of November notice was served that a writ of inquiry of damages would be executed before the Sheriff of Middlesex on the 12th of the same month. The writ of inquiry was accordingly executed, when the sheriff's jury assessed the damages at ��600; the consequence of which was that the sheriff took possession of the printing-office, premises, and stock-in-trade of the printers of the House of Commons. But he was placed in a dilemma with regard to the sale, which was ultimately prevented by the amount of damages being paid into the sheriff's office on the night previous. On the 16th of January following, Lord John Russell presented a petition from the Messrs. Hansard, which recited the facts of the case, and prayed for such relief as, in the circumstances, the House might think fit. The course which Lord John recommended was, that the persons who had violated the privileges of the House should be summoned to their bar. He therefore moved that Stockdale, with Burton Howard, his attorney, William Evans, the sheriff, the under-sheriff, and the deputy-under-sheriff, be summoned to the bar of the House. There was a long discussion on the legality of the course to be pursued. The motion was carried by a majority of 119. On the 17th of January, therefore, Stockdale was called to the bar, and interrogated by the Attorney-General as to the facts of the different actions. The House then resolved that Stockdale should be committed to the custody of the Serjeant-at-Arms. It was also resolved that the sheriffs should be called to the bar. They were accordingly brought in by the Serjeant-at-Arms, dressed in their scarlet robes. On the 21st of January they petitioned the House, expressing their sorrow for having incurred its displeasure, and stated that they believed that they had only done their duty towards their Sovereign and the Queen's Bench, whose sworn officers they were. They prayed, therefore, that they might not be amerced or imprisoned. Lord John Russell moved that the sheriffs, having been guilty of a breach of the privileges of the House, should be committed to the custody of the Serjeant-at-Arms, which was carried by a majority of 101. The same course was adopted with regard to Mr. Howard, the attorney, who was called in and reprimanded by the Speaker.So successful were they in this endeavour that the Government was in a state of the greatest possible perplexity. Lord Anglesey, the Viceroy, and Lord Leveson Gower, the Chief Secretary, were in continual correspondence with the Home Secretary as to the propriety of adopting measures of repression. Lord Anglesey was decided in his conviction that Emancipation ought to be immediately granted. He was naturally reluctant to employ force, unless it was imperatively necessary, and then he felt with Mr. Peel that it ought to be used effectively, whatever might be the consequences. Neither the Irish nor the English Government concealed from itself what those consequences would probably be��namely, an open rebellion, a sanguinary civil war; which, however, they had no doubt of being able to put down. The law officers of the Crown, both in England and Ireland, were called upon for their opinions as to the illegality of the proceedings of the agitators, as to the likelihood of success in case of prosecution, and whether the Government would be warranted, by statute or common law, in dispersing the popular assemblages by force. They agreed on both sides of the channel that the case was not sufficiently clear to justify the Government either in legal proceedings or military repression. The English law officers came to this conclusion although at the time Sir Charles Wetherell was Attorney-General. It is evident, however, from the tone of the correspondence published by Sir Robert Peel's executors, that the Home Secretary was far from being satisfied with the conduct of Lord Anglesey. It was believed that he did not always act with sufficient discretion, and that he sometimes did and said things which made the agitators believe that they had his countenance and support. For example, he went on a visit to Lord Cloncurry, who, though a Protestant, was a member of the Catholic Association, and who a few days after entertaining the representative of the king, attended a meeting of that body. The excuse of Lord Anglesey was, that Lord Cloncurry went for the purpose of preventing the passing of a resolution in favour of exclusive dealing. The opinion of the English Government was shared by Mr. Vesey Fitzgerald and many other Liberal statesmen who sympathised with the irritation of the Irish Protestants at the supineness of the Irish executive. Looking at the state of things at this distance of time, every impartial person must agree that Peel was right. He had urged the propriety of issuing a proclamation by the Lord-Lieutenant in council, warning the people against assembling in large bodies in military array, as exciting alarm in the public mind, and threatening to disturb the peace. When at last Lord Anglesey was induced to adopt this course, it proved successful. The agitators became cowed and cautious, and it was quite evident that nothing was further[285] from their wishes than to come to blows, either with the troops or the Brunswickers. Thus, in November, Mr. Vesey Fitzgerald wrote to Mr. Peel: "The sentiment is universal of disgust, indignation, and alarm at the proceedings of Lord Anglesey's Government, and at the tone of his partisans and his press. Whether the collision will happen so soon as is contemplated I know not. I rather think not. The Association is frightened; and if the demonstrations of the south are interrupted, and Mr. Lawless's progress in the west be not persevered in, it is possible, and it is to be hoped, that the hostile parties may not come to an effusion of blood. But can we read the reports of the meetings that are taking place and expect that before the winter is over the gentry of the country, Emancipators as well as Brunswickers, will not call on the Government to take a part, and to save us from these horrors?" Mr. Leslie Foster, a leading Irish statesman, wrote in the same month: "Depend upon it, let Parliament do what they may, the Catholics will not rebel. Their leaders are more deeply convinced than you are of the utter and immediate ruin that would be the result of any insurrectionary movement; and in every rank among them, down to the lowest, there is a due fear of the power of England, the facilities of a steam invasion, the character of the Duke, and not least, perhaps above all, the readiness of the Ulster Protestants for battle. It is further to be borne in mind that in no period within our memory was the condition of the people so rapidly improving, or their employment so great, as at the present moment; and there is a real, substantial disinclination in consequence, amongst all ranks above the mere rabble, to hazard any course that would involve the country in confusion."

FORE:The Lord High Commissioner immediately proceeded on his great mission, and after a tedious voyage landed at Quebec on the 29th of May. He took with him, as his private secretary, Mr. Charles Buller, a man of singular ability, an ardent friend of free institutions, gifted with a large mind and generous sympathies, and a spirit that rose superior to all party considerations. A more suitable man could scarcely have been found for such a work. But he also took out with him Mr. Turton and Mr. Gibbon Wakefield, men of ability but hopelessly damaged in character. He promptly proceeded to dismiss his Council and to select another of five who had no acquaintance with Canadian politics. He found on his arrival 116 state prisoners, whose trial had been postponed, awaiting his instructions. On the 28th of June the Lord High Commissioner published an ordinance, in which it was stated that Wolfred Nelson, and seven other persons therein named, had acknowledged their guilt, and submitted themselves to her Majesty's pleasure; that Papineau, with fifteen others, had absconded. The former were sentenced to be transported to Bermuda during pleasure, there to be submitted to such restraints as might be thought fit; the latter, if they should return to Canada, were to be put to death without further trial. In each of these cases an unfortunate error was committed. The Lord High Commissioner had no legal authority out of Canada, and could not order the detention of any one at Bermuda; and to doom men to be put to death without further trial, was denounced in Parliament, by Lord Brougham and others, as unconstitutional. Lord Brougham described it as "an appalling fact." Such a proceeding, he said, was "contrary to every principle of justice, and was opposed to the genius and spirit of English law, which humanely supposed every accused party to be innocent until he was proved to be guilty." His reasons for the course he had adopted were given by Lord Durham, in a despatch to the Home Secretary, dated June 29th. The British party, he said, did not require sanguinary punishment; but they desired security for the future, and the certainty that the returning tranquillity of the province would not be arrested by the machinations of the ringleaders of rebellion, either there or in the United States. He said: "I did not think it right to transport these persons to a convict colony, for two reasons; first, because it was affixing a character of moral infamy on their acts, which public opinion did not sanction; and, secondly, because I hold it to be impolitic to force on the colony itself persons who would be looked on in the light of political martyrs, and thus acquire perhaps a degree of influence which might be applied to evil uses in a community composed of such dangerous elements."