what is called a ministerial question, is itself a cause of the House departing, in particular instances, from its professed and proper line of duty. And thus the power which the House has over the crown, does, in a certain respect, make it likely to fall into disrepute with the people. The regular division of political reasoners and public men into two distinct parties, in this country, has probably led to this state of things in the House of Commons. "Whether such a state of things be more or less expedient, than that other, more agreeable at least to the theory of the constitution, in which the parliament should exercise its controlling and inquisitorial functions, by adhering, as nearly as human nature will permit, to the exercise of a sort of judicial opinion upon the merits of each particular measure of government, is a speculative question of some curiosity and difficulty. That it is not wholly a speculative question, however, may be seen from this, that a certain number of members in the House of Commons at present profess to act independently of party; and one or two of those who profess it, do in fact keep themselves independent. A considerable difference has taken place in the circumstances, by which this question of expediency is to be solved, since the increase of reading, and of the daily press, has brought almost every question of government and parliament to the bar of the people; who will of course pronounce upon each question separately, without looking to the distant operation of a more complex system of conduct, and may therefore come (as they have done) to look upon parties in parliament as a juggle, and parliament itself as uninfluenced in its decisions by any regard to the real merits of the questions which are discussed there, or to the interests of the public." On the 26th of March, Sir Francis Burdett was committed by the House of Commons to the Tower for the publication, in Cobbett's Journal, of "a libellous and scandalous paper, reflecting upon the just rights and privileges of this House." Sir Francis brought an action at law against the Speaker for issuing the warrant for his arrest and imprisonment, and another against the Sergeant-at-arms generally, for executing the warrant. On this subject there is the following note by Mr. Horner, dated the 6th of May: "The proceedings at law on the part of Sir Francis Burdett against the Speaker of the House of Commons raise this question, whether the House ought to suffer its Speaker to appear in the court below and plead, or to deny that its privileges shall in any manner be examined and judged of in any court of law; and so to exercise its power of commitment, for breach of privilege, against every person who takes any step in those proceedings, as by intimidation to put an end to them." "It is a subsequent question, whether the Speaker shall plead to the jurisdiction, or shall plead the orders of the House in bar of the action; which does not arise, until after the Speaker has entered an appearance. The prior question is, whether he shall appear and plead." LETTER CLIII.* TO DUGALD STEWART, ESQ. My dear Sir, Lincoln's Inn, 8th May, 1810. I have heard this morning with the highest satisfaction and pleasure, that you have accomplished your wish of having Brown* nominated to be your successor. On every public as well as private account, this event *Dr. Thomas Brown. gives me the most sincere gratification. It does the corporation of Edinburgh much credit, and almost inspires a hope that the University, and all the important interests which hang upon it, may be rescued from the ruin which so lately appeared certain. The appointment must be felt as a vital wound by that base church party, who under the conduct of the Dundas junto, have hitherto kept up so successful a contest against every person suspected of a free spirit, or of liberal opinions; and who must have looked upon the acquisition of the chair of Moral Philosophy as their final triumph. I would write to you more frequently about our little politics, if I had any thing cheering to tell you. But I despond so disagreeably in my own views that I feel no disposition to communicate my impressions. The absurdity and wickedness of the leaders of the democratic party in Middlesex have very recently brought matters to a worse pass than ever; in the result of which one cannot foresee any thing as very probable, but a new accession of strength to the crown, and the disappearance of all moderate notions of liberty, in a distracted but not doubtful struggle, between popular frenzy and military force. A faint effort you will observe in the proceedings of the House of Lords last night, is about to be made by the leaders of the Whig party, to regain the confidence of the public, by an explicit declaration of their views; but I fear they are hardly prepared to go as far, as in the present circumstances they ought, and it is perhaps too late to recover, except by a very decisive tone, and by a very plain line of conduct, the effects of their blameable reserve and hesitation upon those questions of economy and reform which so much agitate the people. Never were men treated with so much injustice. by the public as they have been, with respect to their administration; but their resentment of this injustice, at variance always with the real liberality of their intentions and principles, has made them most indecisive and inefficient as leaders of the opposition. The dangers of the times have at length awakened them to the necessity of taking a more marked and intelligible course; and this is rendered more easy indeed, by the plainness with which that small but noisy party of which Cobbett is the organ, have avowed their designs. But it is setting out with great disadvantages if, in collecting a popular party, you must exclude those who, in appearance only, carry popular feelings to excess; and I must confess to you, that we have a still greater disadvantage against us in this, that though our leaders in the House of Lords entertain very enlightened and even popular principles, they have very little of popular feelings. In the House of Commons too, where the main fight should be carried on, we have no leader at all. You will not wonder that, taking such a view of our situation, I should despair. With kindest regards to Mrs. Stewart, I am ever, dear Sir, Most sincerely yours, FRA. HORNER. LETTER CLIV. TO LORD HOLLAND. Dear Lord Holland, Lincoln's Inn, 9th May, 1809. I wish to take a copy of the papers you have sent me, for my own use in future; and then I will return them to you. I am to dine at Calcraft's on Saturday, and may be kept too late for the play, where I will come to see you if I can. But it will not be in my power to go to Holland House, for I mean to be seriously busy for some mornings to come, in order to ease my conscience of many a heavy load, and my table of some papers that stare me daily in the face, to my great disquiet. I am ashamed to say that I am in a sea of difficulties and doubts about privilege; and what keeps me so long in uncertainty is, the confidence with which I hear both the opposite opinions maintained. I am much shaken by Pigot's speech; and though I see Lord Erskine's is as much relied on by the other side, it was so wild and foolish as to give me a still greater bias. Then there are Romilly and Wilson the other way, and the latter especially has great weight with me, so much am I the slave of authority on such occasions; but in such an emergency, when my oracles give discordant responses, I mean to try if I can form an opinion for myself, provided I can get leisure. I wish you had heard Lord Grey's short speech, as the best specimen of his manner. Most faithfully yours, FRA. HORNER. On the 18th of May, Mr. Davies Giddy brought up a second report from the committee appointed to consider the notices of action sent by Sir Francis Burdett. On the motion that it be laid on the table, and printed, Mr. Horner said, "He was surprised that the committee should have thought it necessary to go into such details, with respect to a right, which the House undoubtedly had exercised from time immemorial. He did not think the committee were entitled to go into an argumentative detail upon the subject; and if such a report should be received without any notice being taken of it, the foun |