The Sun.
London, England, 1870-02-11 00:00:00

JEREMIAH O'DONOVAN ROSSA.

Mr. GLADSTONE, on rising to move the resolution of
Which he gave notice on Tuesday night, with reference to
the return of Mr. O'Donajean Rom, was received with
cheers. He said he should ltave to consider the counter
proposition of the hon. member for Mayo, which was in-
tended to be moved as an amendment to his reso-
lution. If the case were one in which, after
the investigation, the Government thought any
fair, just, and reasonable doubt attached to the evi-
dence and arguments as to the course the House ought to
pursue, ho admitted it might be referred to a committee. If
it involved the examination of a long series of precedents
such as it would be difficult to bring under the review
of the House in debate. Then, again, it would be a proper
subject for reference to a select committee. But in the
view of the Government it was neither one nor the other.
(Cheers.) The facts wore few, and the arguments
clear. (Bear, bear.) And that being: so. • propoeal
to inquire,'instead of to act, would not become the dignity
of the House, (Hear, hear, and cheers.) In all matters of a
character so remarkable, where the person had been adjudged
of treason-felony that was returned to Parliament, there
ought not to be a moment's hesitation by the Executive as to
the course to be pursued, and especially was this course
necessary when, in consequence of the doubt a:tad:ling
to the peculiar character of the return, the offi-
cer whose duty it was to make the return hesi-
tated to 'make it. The auestion, was. whether the case

was a clear case or not? His contention was that it was a
elect case. The writ called upon the electors in a
aunty to return a knight of the shire. In the lan-
guage of that writ the electors were desired to
choose a given number of persons under the de-
scription " Magis idanis et discrete." These words had
received an authoritative sense, from a long course of prac-
tice, as absolutely excluding various classes of persons. If,
for example, they looked above or below the ordinary stan-
dard of members to Parliament, tho return of a person
labouring under the grievous disability of idiotey,
for instance, or of a child, or of a Peer sitting
in the other House, or of the Sovereign, would
b 3 no answer to the writ to servo in Parliament. In
the same manner the contention of the Government wag
that the return of a person adjudged guilty of felony
was no return to the writ. And, therefore, the writ not
having been answered, there was no alternative but
to declare that the electors bo called upon again
by the issue of a now writ, requiring them to
discharge their duty. In fact, the electors had failed in the
fulfilment of their duty. There was ono precedent to which
it was necessary to refer—that of Mr. Smith O'Brien, in
which the procedure was of such a character, he
thought, as would leave no doubt upon the minds
of the House as to the nature of the rules which it clearly
laid down. The right hon. gentleman then proceeded to
show the state of the law on the subject, saying the mat-
ter was strictly ono of argument, and therefore every-
thing else should be excluded from its consideration.
(Hear, hear.) In conclusion, ho reminded the House
of what was the negative of the principle of the proposition.
It affirmed the doctrine, he said, that a person
convicted of felony, and suffering sentence within
the walls of a prison, was, notwithstanding, a St
and proper person to take his seat in Parliament, was
competent to receive the highest honours that could
be conferred on a member of the body politic—was, in fact,
one of the "magis idoni et discretei." For these reasons he
begged leave to move the resolution of which he had given
notice:—" That Jeremiah O'Donovan Rossa, returned as
Knight for the county of Tipperary, having been adjudged
guilty of felony, and sentenced to penal servitude for life, and
being now imprisoned under such sentence, has become and
continues incapable of being elected or returned as a member
of this House ; that Mr. Speaker do issue his warrant to the
Clerk of the Crown, in Ireland, to make out a new writ for
the election of a Knight of the Shiro to serve in this present
Parliament for the county of Tipperary, in the room of Jere-
miah O'Donovan Rossa, adjudged and sentenced as aforesaid."

Mr. MOORE then rose to move his amendment, that the
matter of the election be referred to a select committee. In
doing so he referred to the subject of the debate as the hon.
member for Tipperary. (Laughter.) Hon. members might
laugh, but Mr. Jeremiah O'Donovan Rossa was member for
Tipperary, until his election was reversed by this House.
Mr. Ilossa obtained his seat without having had recourse
to corrupt and dishonourable practices, therefore he had a
much better title to his seat than many honourable
gentlemen in that Hot se. (Laughter.) He contended
that the course taken by the Government was op-
posed to the opinion of the judges who had decided in
similar cases, and he charged the head of the Administration
with presuming on the esteem in which he was held, in at-
tempting, by a cloud of words and a random resolution, to
free himself from a legal difficulty, when he had the
chance of relieving himself by an appeal to the
constitutional tribunals. He supposed that he
should have the support of the Conservative
party, 'who were understood to take a special care of the
land marks of the Constitution. (Laughter.) Ho therefore
desired to move his amendment, which he had slightly
altered, that a committee be appointed to examine the pre-
cedents and law of Parliament in this case, and ref ort to
the House the steps that ought to be taken under the cir-
cumstances stated.

Me. H. MATTHEWS seconded the amendment, on the
ground that the matter was surrounded with doubt.
The SOLICITOR-GENERAL said be entirely agreed
that this was a question that ought to be discussed in a
quiet and calm mara.er, bemuse it was an import.
ant question whether a man who bad been found
guilty of treason, and had been sentenced to penal
servitude, was a proper person to sit in the House of Com-
mons. (Hear, hear.) If the law was such that such a cir-
cumstance was allowable, then they had nothing to do
but to administer and obey the law, but he contended
that such was not the case. The hon. member had
correctly quoted the words of the section of the act be
had referred to, but then the other portions of the act clearly
set out the different provisions with respect to election
petitions. The technical question that bad been raised by
the hon. gentleman opposite was, that all disqualifica-
tion depended upon attainder, and that as there was none
here the person involved was not disqualified. He was
quite open to admit there was no attainder, but then it
did appear to be equally clear that the law of the land clearly
set out that the convicted felon was clearly ineligible to
sit in the House of Commons. He contended that if convic-
tion and judgment remained the person became attaintod,
and such a decision was confirmed by the highest autho-
rity; and the steps that were taken in the case of Smith
O'Brien in the House of Commons clearly bore out his
assertion. Then it was proposed in the course of the
debate, and it was agreed to by all the lawyers in the House
at that time, that a person adjudged guilty of high treason
was altogether incapacitated from sitting in that Liona.
Mr. JOHNSON supported the amendment.
M. G. lIARDY said ho thought they would be throw-
ing doubt upon that on which no doubt oxisted,if they were to
refer this matter to a committee. They were acting in con-
formity with precedent, and therefore he hoped they would
not accept the amendment.

Sir R. PALMER said he quite agreed with the Solicitor-
General that crime, and not the technical term attainder,
was the disqualification. The note of infamy attached
to the crime, and not to the particular term employed.
He thought the House was bound to adopt the motion that
had been submittpd to it.
Mr. MAGUIRE considered, after the admissions made Cy
the Solicitor-General with regard to the state of the law,
there was ground for considerable doubt as to the propriety
of the course proposed to be pursued.
After some remarks by Sir George Jenkinson, Mr. S. Hill,
Mr. Bagwell, and Sergeant Simon,
The House divided, when the numbers were—
For Mr. Gladstone's motion 301
Against ... lie 000 act ... 8
Majority „. —293
The motion Wig therefore carried.
After some other business, the House adjourned.

Bank of France.

PARIS, Feb. 10.

The following is the return of the Bank of France
for the week ending to-day, together with the cor-
respondiiig figures of the previous account :

DEBTOIL.
Feb 10. Feb. 3.
fr. c. fr. c.
Capital of the Bank 182,500,000 182,500,000
Profits in addition to
Capital (Art. 8, Law,
June 9, 1857) 7,044,776 02 7,044,776 02
Reserve of the Bank

and its branches 22,105,750
Reserve of landed pro-
perty 4,000,000 4,000,000
Notes in circulation
Banknotes to order and
receipts payable at
sight 42,366,427 24 42,658,224 97
Treasury account our-
rent creditor 154,372,378 73 158,035,018 76
Current accounts, Paris 313,021,594 70 311,892,864 04
Do. branch banks 43,894,205 45,828,490
Dividends payable 2,356,580 2,631,008
Discounts and sundry
interests
Rediscounted the last
six months
Surplus of receipts not
distributed
Sundries

22,105,750 14

1,305,522 15 1,305,522 15

7,727,521 80 10,741,068 27