every man
that the marshal has not acted wilfully in violation of the privileges
of the House. No blame can attach to him, since he has submitted
himself to the judgment of the House of Commons after having done
that which he considered his duty as a civil officer. Having had Lord
Cochrane in his custody, from which he escaped, the marshal was bound
not to pass over any justifiable means of putting him under arrest
whenever a fair opportunity occurred."

Most of the members thought, with Lord Castlereagh, that this was
a "fair opportunity." Only one, Mr. Tierney--and he very
feebly--ventured to express an opposite opinion. "I consider this,"
he said, "to be the case of a member regularly elected to serve in
Parliament, and coming down to take his seat. Now, sir, the House is
regularly adjourned until ten o'clock in the morning; and I recollect
occasions when the Speaker did take the chair at that hour. Suppose,
then, a member, about to take his seat, came down here at an early
hour, with the proper documents in his hand, and desired to be
instructed in the mode of proceeding, and, while waiting, an officer
entered, arrested him, and took his person away, would not this be a
case to call for the interference of the House?" Mr. Tierney admitted
that he approved of Lord Cochrane's arrest, but feared it might become
a precedent and be put to the "improper purpose" of sanctioning the
arrest of members more deserving of consideration.

To please him, and to satisfy the formalities, therefore, the question
was referred to a committee of privileges. This committee reported, on
the 23rd of March, "that, under the particular circumstances, it did
not appear that the privileges of Parliament had been violated, so as
to call for the interposition of the House;" and the House of Commons
being satisfied with that opinion, no further attention was paid to
the subject.

In the meanwhile Lord Cochrane was being punished, with inexcusable
severity, for his contempt of the authority of Lord Ellenborough and
Mr. Jones. A member of the House, during the discussion of the 21st of
March, had said that he had just come from the King's Bench Prison.
"I found Lord Cochrane," he had averred, "confined there in a strong
room, fourteen feet square, without windows, fireplace, table, or
bed. I do not think it can be necessary for the purpose of security
to confine him in this manner. According to my own feelings, it is a
place unfit for the nob