The Report of the Select Committee of the House of
Commons 0.11 the publication of printed papers has been put into eirculattort this week. It will be recollected that the inquiry arose from the trial of Stockdale versus Hansard for a libel, which appeared in the Report of the Committee on Prisons, published by Hansard under the authority of the House of Commons. In charging the Jury on this trial, Lord penman laid it down as law thet nobody could publish libels with im- punity, even although the House of Commons ordered and sanctioned their publication and sale. The Committee of the Commons maintain the privilege of the House to publish any thing which the public set.. Tice mil require- !. upon the whole matter referred to your Committee they report, as their ,,,•„,;,;e4 that the power of publishing such of its Reports, Votes, and proceed- it atirll deem necessary or cam !wive to the public interests, is an essen- incident to the constitutional functions of Parliament, more especially of this House, as the representative portion °fit. That by the law and the privilege .of pateaetent this !louse has the sole and exclusive jurisdiction to determine upon the existence and extent of its privileges ; and that the institution or pro- seeutien off any action, suit, or other proceeding, for the purpose of bringing them int000liseussion or decision before any court or tribunal elsewhere than in parliament, is a high breach of such privilege, and renders all parties con. cooed theorist amenable to its just displeasure, and to the punishment conse- quent thereon. That for any court or tribunal to assume to decide upon matters uf privilege inconsistent with the determination of either House of Parliament tbereom is contrary to the law of Parliament, and is a breach anil contempt of the privileges of Parlianient." At the same time, they recommend great cau- tion on the part of the House and of Committees.
The daily newspapers have made this report the subject of some long and ingenious commentaries during the week ; but the point which it involves, though curious, is not practically important. The House only maintains a claim which it has always put forth, and Lord Denman asseits by no means a new doctrine of law. There will be no actual collision, and the question must remain in slalu quo.
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