There seems also to be at this time, sir, an uncommon necessity for tenaciousness of our privileges, when, as some whispers, which have been wafted from the other house, inform us, a motion has been made in terms which might imply the subordination of this assembly, an assertion without foundation either in reason or justice, and which I shall always oppose as destructive to our rights, and dangerous to our constitution.
Let us, therefore, sir, retain in our hands the cognizance of this affair, and let the criminal either suffer his punishment from our sentence, or owe his pardon to our mercy.
[It was agreed that the printer of the daily paper should attend next day, when, being called in, it was proposed that he should be asked, whether he printed the paper complained of. It was objected to, for the same reason as the question about the author's being in the gallery, because the answer might tend to accuse himself; and he being withdrawn, a debate of the same nature ensued, and the question being put whether he should be asked, if he be the person that printed the daily paper shown to him, which paper the house the day before resolved to contain a malicious and scandalous libel, etc. it was, on a division, carried in the affirmative, by two hundred and twenty-two against one hundred and sixty-three: accordingly he was called in again, and being asked the question, he owned that he printed the said paper from a printed copy which was left for him with one of his servants; and being asked what he had to allege in his justification or excuse for printing the said libel, he said that as he had before printed several other things which he had received from the said person, which had not given offence, he inserted part of the paper in his news, and which he should not have inserted, if he had thought it would have given offence to the house, and that he forbore to print the remainder, having heard that it had given offence. Upon which he withdrew, and the house, after some debate, on a division, one hundred and eighty-eight to one hundred and forty-five, not only ordered him into the custody of the serjeant, but resolved to present an address to his majesty, that he would be pleased to give directions to his attorney general to prosecute him at law.
The first printer of the libel was also ordered into custody. This was on the 3d of December, but the next day presenting his petition, expressing his sorrow for the offence, whereby he had justly incurred the displeasure of the house, and praying to be discharged, he was brought to the bar on the following day, received a reprimand on his knees, and was ordered to be discharged, paying his fees.]
On the 12th, lord BARRINGTON presented a petition from the printer of the daily paper, expressing his sorrow, promising all possible care not to offend for the future, and praying to be discharged.
This petition being read, a motion was made, that the serjeant at arms do carry the petitioner to some court of law, to give security for his appearance to the prosecution to be carried on against him by the attorney general; which done, that he be discharged, paying his fees.
Sir William YONGE spoke to this effect:—Sir, I know not for what reason this enormous offender is entitled to so much regard, or by what interest he has engaged so many, who, I doubt not, abhor his crimes, to pity his sufferings.
Had he been young and unexperienced, and seduced into the commission of this offence by artifice or persuasion, his act might have been reasonably considered rather as an errour than a crime, and it might have been proper to treat with lenity a delinquent neither obstinate nor malicious.
But how, sir, can this plea be urged in favour of a man, whose daily employment it has been, for these two years past, to misrepresent the public measures, to disperse scandal, and excite rebellion, who has industriously propagated every murmur of discontent, and preserved every whisper of malevolence from perishing in the birth.
The proper judge, sir, of this affair, is his majesty's attorney general, who is not now in the house. I am, therefore, for detaining him in custody, and for referring the consideration of farther proceedings against him to that gentleman, whose proper province it is to prosecute for the crown.