As a speech in the House, the House could alone animadvert upon it,
consistently with the effective preservation of its most necessary
prerogative of freedom of debate; but when that speech became a book, then
the law was to look to it; and there being a law of libel, commensurate
with every possible object of attack in the state, privilege, which acts,
or ought to act, only as a substitute for other laws, could have nothing to
do with it. I have heard that one distinguished individual said,--"That he,
for one, would not shrink from affirming, that if the House of Commons
chose to _burn_ one of their own members in Palace Yard, it had an inherent
power and right by the constitution to do so." This was said, if at all, by
a moderate-minded man; and may show to what atrocious tyranny some persons
may advance in theory, under shadow of this word privilege.
[Footnote 1:
March 12. 1810. Sir Francis Burdett made a motion in the House of
Commons for the discharge of Mr. Gale Jones, who had been committed to
Newgate by a resolution of the House on the 21st of February preceding.
Sir Francis afterwards published, in Cobbett's Political Register, of the
24th of the same month of March, a "Letter to his Constituents, denying
the power of the House of Commons to imprison the people of England,"
and he accompanied the letter with an argument in support of his position.
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