Opinion touching press warrants.
In consequence of Wilkes's opposition to pressing for the king's service, a system then constantly practised owing to the necessities of the time, the new mayor, one of his most steady adherents, consulted Lord Chatham on the legality of press warrants. Chatham advised him to take the opinion of counsel on the matter, and this he accordingly did, with the result that whilst he was advised that press warrants, however objectionable, were legal, the lord mayor could not legally be compelled to sign them. At the same time counsel left it to the mayor's consideration "whether for the peace of the city, and preservation of the subject, he would not conform to the practice of most of his predecessors on such occasions." This decision being deemed unsatisfactory, the City preferred to bestow premiums on voluntary recruits, and the same course was taken by other towns.[273]
The freedom of reporting parliamentary debates, 1771.
It is, however, for the conspicuous part he took in the struggle for the liberty of the press that Brass Crosby is best remembered. Great jealousy had always existed in parliament as to reports of debates held there, and the Commons had comparatively of recent date (28 Feb., 1729) passed a resolution to the effect that it was an indignity, and a breach of privilege, for anyone "to give in written or printed newspapers" any account of the proceedings of the house.[274] Notwithstanding this resolution, reports of debates continued to appear in the public press, but always with an affectation of secrecy.
The arrest of Wheble and Miller, 15 March, 1771.
A scheme was now set on foot by Wilkes for embroiling the House of Commons with the City. At his instigation certain printers in the city commenced to publish the debates without any attempt at disguise, printing the name of each speaker in full. Such a proceeding had always been deemed a distinct breach of privilege. Some members of the House speedily took offence, and the printers were ordered to attend. As they refused to obey the summons, they were ordered into custody. This was precisely what Wilkes had aimed at. On the 15th March, a printer named John Wheble was apprehended by virtue of a proclamation, and was carried before Wilkes, the sitting alderman, who immediately discharged him, after binding him over to prosecute the man who had taken him, for illegal arrest. The same evening a messenger of the House of Commons attempted to arrest Miller, the printer of the Evening Post, under warrant of the Speaker; but the messenger himself was taken into custody on a charge of assaulting a freeman of the city, and carried before the lord mayor and aldermen Wilkes and Oliver. These magistrates declared the warrant to be illegal, not having been backed by a magistrate of the city, and released Miller. They at the same time bound over the messenger of the House of Commons to appear to answer a charge of assaulting a citizen of London.[275]
The king's letter to Lord North, 17 March, 1771.
The king was furious at the authority of parliament being thus openly defied by the civic magistrates, and wrote to Lord North (17 March) to say that unless Crosby and Oliver were not committed forthwith to the Tower by the House of Commons its authority would be annihilated;—"You know very well I was averse to meddling with the printers, but now there is no retracting, the honour of the Commons must be supported."[276]
His recognizance expunged by order of the House, 20 March, 1771.
The House was no less indignant at being flouted by the City, than the king, and not only called upon Crosby and Oliver, who were members,[277] to answer for their conduct from their places, but sent for the clerk of the Justice Room at the Mansion House and ordered him in their presence to expunge the entry of the recognizance by which their messenger had been bound over to appear at the next Quarter Sessions to answer for his assault on Miller.[278]