The question of privilege came on in the house of commons on the 23rd of November, and it lasted two whole days. Wilkes was defended by Pitt, who came to the house again enveloped in flannel, and this time supported by crutches. While Pitt defended him, however, he was careful to maintain his own character. He condemned the whole series of “North Britons,” as illiberal, unmanly, and detestable; declaimed against all national reflections, as having a tendency to promote disloyal feelings and disunity: asserted that his majesty’s complaint was well founded, just, and necessary; and declared that the author did not deserve to rank among the human species, as he was the blasphemer of his God, and the libeller of his sovereign. He was not connected with Wilkes, he said, nor had he any connexion with writers of his stamp. At the same time, he reprobated the facility with which parliament was surrendering its own privileges, carefully impressing on the house, that in so doing, he was simply delivering a constitutional opinion, and not vindicating the character of John Wilkes. The speech of Pitt was characterised by great eloquence and acuteness, but the measure was warmly defended by other members, and at the conclusion, a resolution was carried by a large majority, to the effect, “That the privilege of parliament does not extend to the case of writing and publishing seditious libels, nor ought to be allowed to obstruct the ordinary course of the laws in the speedy and effectual prosecution of so heinous and dangerous an offence.” The concurrence of the lords was not obtained without considerable difficulty, and when it was obtained, a spirited protest was signed by seventeen peers, affirming it to be “incompatible with the dignity, gravity, and justice of the house, thus to explain away a parliamentary privilege of such magnitude and importance, founded in the wisdom of ages, declared with precision in their standing orders, repeatedly confirmed, and hitherto preserved inviolable by the spirit of their ancestors; called to it only by the other house on a particular occasion, and to serve a particular purpose, ex post facto, ex parte, et pendente lite, the courts below.” On the 1st of December, a conference of both houses took place, when both lords and commons agreed in a loyal address to the king, expressive of their detestation of the libels against him; and Wilkes was ordered to attend at the bar of the commons in a week, should his health permit.
In the meantime—on the 3rd of the month—there was a terrible riot in London occasioned, by the burning of the “North Briton” in Cheapside. The execution of this sentence was entrusted to Alderman Harley, sheriff of London, and he assembled the city officers and the common hangman at the Royal Exchange, to put it into effect. The people, however, manifested a very different spirit from that of their representatives. So violent were they, that Harley was compelled to retreat to the Mansion House, where the lord mayor was sitting, surrounded by members of the common council, who were almost to a man the friends and admirers of Wilkes, and therefore not disposed to take part in the matter. The hangman was compelled to follow the sheriff. He had succeeded in partially burning the paper with a link, when cheered on by some gentlemen standing at the windows of houses near the spot, the mob rushed upon him, and rescued the fragments, carrying them in triumph to Temple Bar, where a fire was kindled and a large jack-boot was committed to the flames, in derision of the Earl of Bute. The city was restored to its usual tranquillity in about an hour and a half, the mob dispersing of their own accord; but the affair occupied the attention of parliament four days, during which time nothing else was done, except voting a pension of £80,000 as a dowry to the Princess Augusta, the king’s sister, who was about to be married to the Duke of Brunswick. In the debate on the subject of the riot, it was fully manifested that the populace of London was generally in favour of Wilkes; but both houses concurred in voting that the rioters were disturbers of the public peace, dangerous to the liberties of the country, and obstructors of national justice. Thanks were also voted to the sheriffs, and an address was presented to his majesty, praying that measures might be taken to discover and punish the offenders.
By their proceedings against Wilkes ministers had surrounded themselves with a maze of perplexity. Actions were brought by the printers, and others arrested under the general warrant, to recover damages for false imprisonment, and a verdict was universally given in their favour. These actions were brought against the messengers: Wilkes had nobler game in view. He brought actions against the two secretaries of state, Lord Egremont and Lord Halifax, and against Robert Wood, Esq., late under-secretary. Egremont was now dead, Halifax stood upon his privilege and defied the court, till relieved by the sentence of outlawry that was passed upon Wilkes, but Wood was condemned to pay £1000 damages to the plaintiff. At this trial, the lord chief justice Pratt was bold enough to declare that general warrants were unconstitutional, illegal, and absolutely void, and to challenge a reference of this opinion to the twelve judges. This was not deemed expedient, and Pratt’s judgment respecting the illegality of warrants was shortly afterwards confirmed by the court of king’s bench. The boldness of Pratt secured for him great popularity. He was presented with the freedom of the cities of London and Dublin, and others; and in addition to this mark of respect, the corporation of London requested that he would sit for his picture, which was to be placed in Guildhall, as a memorial of their gratitude.
The popularity of Wilkes was at this time increased by an attempt made upon his life by one Alexander Dun, a Scotchman, who sought admission into the patriot’s house, and who publicly declared that he and ten others were determined to cut him off. A new penknife was found in his pocket, and for this alleged attempt against the life of a member of parliament, Dun was carried before the commons, who voted him insane, and ordered his dismissal. The court of king’s bench, however, committed Dun to prison for want of bail and securities, and looking upon facts only in a cursory light, the people believed that the government was determined to make away with the defender of their liberties. All this tended to render the cabinet so obnoxious, that Horace Walpole was apprehensive that there would have been some violent commotion.
When the day arrived for the attendance of Wilkes at the bar of the house of commons, two medical gentlemen, Dr. Brocklesby and Mr. Graves appeared, and made a declaration that he was unable, from the state of his health, to obey the summons. The house granted a week’s delay, and the excuse being repeated, the grant was extended beyond the Christmas recess. At the same time it was ordered that a physician and surgeon of their own appointing should see Wilkes, and report their opinion on his case. These were refused admittance into his house; but to vindicate the character of his own medical attendants, and to have the laugh at the ministry, he called in two Scotch doctors, observing that as the house wished him to be watched, two Scotchmen would prove the most proper spies.
The Christmas recess arrived, and the Christmas festivities afforded a short truce to this war of politicians. Wilkes, who could not have been so ill as represented, went to Paris, where he obtained great admiration by his wit in the salons and soirées of that gay city. He was thus employed when the parliament met on the 19th of January, 1764. This was the day fixed for his appearance, but the speaker produced a letter from him, enclosing a certificate signed by a French physician and a French surgeon, testifying that he could not quit Paris without danger to his life. This certificate wanted the signature of a notary public to give it authenticity, and the house, therefore, resolved to proceed against Wilkes as though he were present. Witnesses and papers were examined, and it was resolved, that No. 45 of the “North Briton,” which had been voted a seditious libel, contained expressions of unexampled insolence and contumely toward his majesty, the grossest aspersions upon both houses of parliament, and the most audacious defiance of the whole legislative authority. It was also denounced as having a manifest tendency to alienate the affections of the people from their king, to withdraw them from obedience to the laws, and to excite them to insurrection. On the next day it was further resolved, that Wilkes should be expelled the house, and a new writ was issued for the borough of Aylesbury; a measure which ultimately had the effect of rendering him a popular champion in the struggle between the house of commons and the electors of Middlesex, which defined the power of the representative body in relation to its constituency. Even now it greatly increased the popularity of Wilkes among the great body of the people. On every opportune occasion they loudly expressed their sentiments in his favour. The king and his ministers were compelled to hear whenever they appeared in public the grating and unwelcome exclamation of, “Wilkes and liberty!”
Although ministers had triumphed over Wilkes personally, by obtaining his expulsion from the house, yet they were doomed to suffer a check from a motion naturally arising out of his prosecution. On the 13th of February, it was moved by the opposition, that Wilkes’ complaint of breach of privilege should be heard. On this subject they obtained a large majority; his complaint being thrown out, after a stormy debate which lasted three days and one whole night. This, however, was followed by a resolution moved by Sir William Meredith, in which they were not so successful, namely, “That a general warrant for apprehending and securing the authors, printers, and publishers of a seditious libel, together with their papers, is not warranted by law.” An adjournment was proposed, but Pitt and others made speeches upon the subject, and when the house divided, ministers had only the small majority of fourteen upon the question of adjournment. This was virtually a defeat, and the illegality of general warrants was so effectually established by the numbers who voted on the side of the opposition, and by the sentiments of the orators, that henceforth the use of them was wholly discontinued. If, therefore, this prosecution of Wilkes was impolitic, it had at least the effect of settling a great constitutional principle; nor was it long before the measures taken against him effected other alterations in the constitution equally important.
Wilkes having entered an appearance in Westminster Hall, was at length tried and convicted on two indictments, for publishing the 45th Number of the North Briton, and the “Essay on Woman.” He was afterwards outlawed for not appearing in court to receive his sentence, whence the suit he had instituted against Lord Halifax fell to the ground. The cause of Wilkes, however, being identified with that of the constitution, his popularity remained undiminished, and the spirit excited by the proceedings against him was still as rife with bitterness as ever.