hardship
of the position of the sheriffs excited general sympathy: if they obeyed
the House of Commons, which prohibited them from paying over to
Stockdale the damages which they had received for him, the Court of
Queen's Bench would be bound to attach them for disobedience to its
order. If they obeyed the Queen's Bench, the House would imprison them
for breach of privilege. And the national feeling is always in favor of
the strictly defined authority of the courts of law, rather than of the
somewhat indefinite claims of Parliament to interpret, and even to make,
privilege. Another consideration, probably, weighed a little with the
champions of the House--that their power of imprisonment ended with the
session. As matters went on, it was found that even the Attorney and
Solicitor-general differed as to the course to be pursued; and
eventually Lord John Russell consented to adopt the advice which had
been given by a former Attorney-general, Sir F. Pollock, and to bring in
a bill to legalize all similar proceedings of Parliament in future, by
enacting that a certificate that the publication of any document had
been ordered by either House should be a sufficient defence against any
action. The introduction of such a bill was in some degree an
acknowledgment of defeat; but it can hardly be denied to have been not
only a judicious step, but the only one practicable, if the contest
between Parliament and the courts of law were not to be everlasting; and
it met with general approval. If it was a compromise, it was one that
satisfied both parties and both ends. It upheld the authority of the
courts of law, and at the same time it practically asserted the
reasonableness of the claim advanced by the House of Commons, by giving
it for the future the power which it had claimed. Nor were people in
this day inclined to be jealous of the privileges of Parliament, so long
as they were accurately defined. They felt that it was for the advantage
and dignity of the nation that its powers and privileges should be
large; what they regarded with distrust was, a claim of power of which
no one knew the precise bounds, and which might, therefore, be expanded
as the occasion served.
Notes:
[Footnote 245: Fifty-two mills and 30,000 persons were thrown out of
employment for ten weeks at Ashton in 1830 by the turning out of 3000
"coarse spinners," who could clear at the time from 28s. to 31s. per
week. The following passage is extracted from an
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