The Express.
London, England, 1867-11-22 00:00:00

I

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.—Tut 1"I , Nov. 21.

IN the House of lamp,' yestvriia; the reply of
her Majesty to the address in answer to the speech
from the throne was brought by the Karl of
Tankerville.

The house adjourned at twenty minutes after
5 o'clock.

HOUSE OF COMMONS.—TIIUL,DAY, Nov. 21.
is the House of CuNIMuN,., ye=oerday, Mr.
CORRY stated, in reply to Mr. Watkin, that the
man Maguire, one of the prisoners convicted of the
recent Fenian outrage at 31aneliester, and who was
sentenced to death, who has since been uncon-
ditionally pardoned, but who had been nevertheless
dismissed from the marines, has been restored to
the service.

Mr. 11.titov obtained leave to bring in a bill to
ameud the Metropolitan Streets Act. 1867. That
act. he said, had been found to operate with great
injustice on persons who earned their livelihood
in the streets. The bill enacted that the
section in the act which prohibited obstructions
an the streets should not apply to costernion-
gers. street hawkers, or itinerant traders so long
as they carried on their trade in accordance with
regulations laid down bytheCommissioner of Police.
Mr. M toIUIRE made another appeal to the Re-
venant:eta to reprieve the Fenians now under sen-
tence .4 death at Manchester. Doubt, he said,
had been thrown on the verdict by one of the pri-
soners convicted having since been pardoned, and
by the prosecutions against a second batch of
prisoners having been abandoned. Then, there!
was en old decision which would reduce the offence
from murder to manslaughter if the warrant under
which Om prisoners were rescued were illegal, and
there was a doubt whether it was legal. On these
grounds he asked the government not to perpetrate
legal murder.
Sir P. O'BRIEN seconded the appeal, because
be thought there ought to be a further judicial
inquiry__ _ .

Alr:FAwerrr. viewed Fenianism as a fooliah,and,
therefore, a wicked conspiracy, but the execution
of these men would send a thrill of horror through
biro and thousands of others. By yielding to this
appeal government would do more than they had
hitherto done to earn the good will and gratitude
of the Irish people.
Sir G. BOWYCR, speaking in the same sense, re-
marked that the United Kingdom was the only
civilised country in the world where the right of
appeal in criminal cases was
-not absolute.
Mr. Serjeant GASELEE thought the country would
not be sstiafied unless they had the decision of the
judges on the legal point which had been raised.
Sir C. O'Loghlen, Mr. Bagwell, and Mr. Rear-1
den addressed the house to the same etii3ct.

Mr. HARDY said this discussion had placed him
in a painful position but as he understood the
question which Mr. Maguire wished to raise was
not the merits of the case, but the legal question,
the hon. gentleman wished him to take an
illegal course, which he should do if he were to
show such a contempt for the judges who tried the
case, after they had taken upon themselves the
responsibility, as to refer it to another tribunal.
Mr. Justice Blackburn had consulted the judges,'
and from no single judge had he received an ad-
verse opinion from that which he and Mr. Justice
Mellor had formed. Be could not interfere with'
the execution of the sentence on that ground.
Mr.M.Cassi sass contended that it wasnot illegal
to refer the matter to the judges. Formerly it
was the practice for the sovereign to take the ad-
vice of the twelve judges as to whether mercy
should be extended.

Mr. GLAD:mire did not see that the course the
Home Secretary was asked to take would be illegal,
but he thought the house ought to have the opinion
of the Attorney-General.
The ATTORNEY-GENERAL said it was formerly
the practice for the Crown to ask the opinion of
the judges when there was a doubt, but that had
been abolished since the act giving an appeal in
case the presiding judge saw reason for it. The
question was argued at considerable length at the
trial before two judges, who decided that there
was nothing in the objection, and since then Mr.
Justice Blackburn had consulted the other judges,
who concurred with him that there was no doubt
in the law. Parliament, he thought, ought to ac-
cept that decision.
Lord RoYSTON brought up the Queen's reply to
the address in answer to her Majesty's speech, and
the house adjourned at twenty minutes past G
o'clock.