The Sun.
London, England, 1846-05-01 00:00:00

MESSAGE FROM THE LORDS.

3l,3,engilr, from the Lords brought op ~ever.4l Bilis, which
were ordered to be laiii on the tab!e.
INSOLVENT MB roas' ACT.

Thy ATTORNEY-GENERAL, who was very
heard in the gallery, was understood to ask the Hon. Member
for Lambeth to postpone the second reading of this be-
cause it would be quits impo.:siole. on that evening, to give it
the consideration which it merits demanded.

Mr. HAWES said lie was quif; ready to-accede to the Hon.
and Learned Alensher's proposition, by postponing the second
reading till that day fortnight.
,_ _ PRIVILEGE— W. S. O'BRIEN.

Mr. ESTCOUR moved that the adj turned debate on the
proceedings connected with the Hon. Member for Limerick
be resun:ed.
Mr. E. B. ROCHE said that it would be in the recollection
of the Flout?, that at the conclusion of the debate tri the
preceding evening it had been his duty—his painful du-y
—to
come down to that. House, instead of his Hon. Friend, in order
to mak- a certain statement to the House. Ttae Right Hon.
Baronet opposite, acting, as he ( Mr. Roche) admitted he did,
is the forest and most asncable sidrit p•sible --(Cheers)—
thought well to give his Hon. Friend eight-and-forty hours
to consaler his resolution. His Hon. Friend had considered
what course he should pursue, but he complained, and he (Mr.
Roche) considered that io that complaint he was jti.tified
he corwptained that he had had no opportunity af explaining to
the H use the posit ion in which he was placed. and the reasons
which had actuated him in adopting the course he had followed
under the circumstances. He did not know what course his
Hon. Friend would have pursued. but what he would suggest
.vas, that the House, either by a positive mo.inti, or in some
other way. would allow his Honourable Freud to come to
the bar and explain the reason for his adoption of
the course he hat pursued on this occasion.—( Hear, hear. )
It might. be trite that he was asking the House to pursue an
unusual course, inasmuch as it slight be at variance with the
rules and regulations of the House, but he was sore that, when
he appetled to the House on behalf of the Honourable Gen-
tleman, who .tooi in the painful po.ition of not
being sustained by many individuals in that /base, he sto"d
in a painful pn.iti ,n. la,cause he had taken a course of acti .n
differen. from that adop ed those who u-ualiy awed with
•him. He was sure, however, that the House would see that,
whatever might be the nature of the rules and regulations of
'll, House. he considered that, in jastim and f.irness, and
ails their usual desire to see fair play administered,
that they would, in their indulgence and kindness, grant the
motion which he had risen to make. lie had therefore simply
to move as an amendment, " That Mr. William Smith O'Brien
should be heard in his place."
Mr. O'CONNELL seconded the motion.
Mr. HUM E apprehended that there could be en olisctlon to
grant the amendment of the Hon. Member. —( Hear. ) He was
anxiou. as any one to maintain the privileg-s of the House. but
at the same time, when a request was made in the way in
which it. hail been made by the Hon. Member, he thought the
House should assent to it, provided, however, that the grant-
ing of it would no materially itverfere with the rules of the
House. He hoped they would agree to the motion.
Mr. R. YORK E said he had somewhat eons dered the qww-
tion, and if they wished t. preserve the rules of the Hotoe
itivio.ate, tt would be absolutely ital,ossible to grant the not-
ti ai of :he H Member. —( Several Members in the vicinity
ot' the Hon. Member called out, " Why," but he made no
response.) •
Mr. O'CONNELL said-his Honourable Friend (Mr. Smith
O'Brien) would no► doubt be seisfied at the way iti whilo
the sut,ject had been brnught before the House, but he (Mr.
O'Connell) did not think his case had b-en int in a proper
mann,.r heciire the House.

Si; ROBERT PEEL—Sir, it is my desire to relax the
strict rules of the House as tar as possible —( Hear,
hear)—and at the same time I do think that,
as far as my private indin :ulnas are concerned, I wish
to act on that principle; but in the position in which
stand I owe a duty. to the House—(Cheer,;)—and therefore it
is of the utmost importance to consider whether it would be'
advisable to e9tabtisb a precedent, by granting the amend-
ment of the Honourable Member. We must con-
sider what wit be the sffeet of the relaxation of the rules of
the Muse. 1 must remind the Honourable Member
( Mr O'Connell) that the Hon. Member for Limerick ( Mr. S.
O'Btien) hid every ojr:eirt unity offered to him to beg the order
which 'us; made on the subj .ct ; and Ido distinctly re-
Aking oe the so j-ct, he 9aal that although
eoil:.c tthe that,f I
in.
he had suet] an opp irtunity,
obey he did not think he should
it, because hisssentientsments
the subject were
already on record in the correspondence which had
taken place on the subject, and to • which he said he
must refer as the grounds for refusing to attend.
I find, being in hi= pace, and having been called upon by the
Sraker, he stated that he had alrear;v given his reasons, that
he hat no tu•ther obeervatinn to diet upon the matter, and
that he sill held his determieat;on. He then withdrew. Now
I apprehewt. having declined to obey the orders of the
he is in, what is technically called, contempt.
Whether or not there were precedents for acceding
to the motion which was made, I am not awwv,
but I beg that you will have the goodness to state what are the
rules of his House. Ii they are in favour of the extension, I
should certainly be rej, iced, but if they are the reverse, I shall
feel it my psitiful duty to support the rules of the House.
The SPEAKER —1 must state, with very great regret. I
rememb I. no prec‘elent which would justify this House in
acceding to the amendment. —( Hear.) The Honourable
Gentleman had an opportunity of bcing heard in his place,
and that was ;he time to make any explanation he 'thought
proper. The Hon. Member did net do that, and the House
of Commons th,n resolved that he hid been guilty of a con-
tcrit,t. I cannot call to my memory any precedent which
would justify the House in acceding to this mot ion.
Mr. ROCHE of course, bowed to the decision of the House,
and he would now beg leave to ask whether there was
reason why the on. Member should not be heard at the bar
of the [Luse?

The SPEAKER said that there was no precedent fo• an
Hon. Member appearing at the bar of the House unless as a
criminal.

qtr. GRATTAN said he had been requested by his Hon.
Friend to sta+e, that when he had the opportunity of being
heard in his place. he wa4 not aware of the motion which the
Chairm:n of the Committee of Selection should propose.
Mr. ROCIIE—Of course I bow to the decision of the
Speaker.
Th.• SPEAK RR then put the queition—that William S nith
O'Brien, El., having been guilty of a con'empt, by neg`ect-
ing to attend a rAlway Committee during the prewnt ses•
sion, after having been summoned, resolved that a warrant do
issue aga:nst him, and that the Sergettit•at-Artn, do arrest
him aecordingl•.

.11r. M. MILNES, :,midit great impatience, 'ail he rose
humbly ►o submit to the attention of the House whether it
woul,l not he po..sibie to avoid the uuplea•an•neis of agreeing
to !he course proposed. He believed it Wa3 perfectly clear,
that if the Ilonoorahle Member should conti, ue to rt•maiu
in a vs's of c intempt he could not take his seat in the
!Luse, nor of course take.part in the proe.edings. If this
bielowa,hier, Lotootkake part
debate were adjourned till that day six months, h.• appe,...
hended thst the Honourable Member for Limerii•k vt.mbl
in the deliber‘lio, s of the House,
and he dd think that the best way of av•,idir g
the one',easantness th.t attended the eou►se recommended by
the Hon. Member that bad made the original motion w.m'it
months. —(Loud e:ies of " Divide, divide.")
be to agree to the adjournm.nt of this debate :ill that day r a
i" Hox 31E-sincis having s,contled this amendment, tl:e
Hon. Member said, that as it appeared not to meet the views of
the House he would withd:aw it.—( Hear, hear. )
Bo
rt ii
eo
nn 8
n n being
ni
d
Strangers were then ordered to withdraw. No division,
agreed te. It wasP place
Zn orderediacnsettqlautenMcer: oSfmit;hheo7
be "'omitted to the custody of the Sergeant-at-Arms, and
that Mr. Speaker b. directed to issue hit warrant accordingly.

on the THE DANISH CLAIMS.
Mr. lIAWES rose. amidst much confusion, and !poke as
follows: Sir, one, more I venture to make an appeal to Ihe
House, and once next, wake the motion which I hovel laced
P.iPee of to-da , to consider of those Danish claims
which arose out of trap-actions which occurred in Denmark in
In occup)eg
the year 1807. Sir, after the arguments which have been
adduced ageinst this question, and the many discussions which
urged
have takers place upon it, I should hardly feel myself justified
that I
stroee,st
~tat conviction of the equity and justice of these claims.
the time or the House, unless I entertained. the
I will endeavour, Sir, to compress what I have t.o say *lvo a
"."" compass. Now,9
Sir, the arguments which have been
theth that t
Hon,tk own
' '
raised against these claims have merely, so far a--t I have
. been
enabled to c.oisi•ler them, resolved thenvelves into. two in num-
ber. They have been of a financial character, which have been
the Exchequer, who, I think, rather looked to the difficulty of
Upon the House from time to time by the Chancellor of
m"eting the claim, than to the justice of the case. The
other odjection was of a far more important character, and cr,e
legalnanld feel Loeb Learned
remenuihnGsd
Gentleman
eh
hrnl t yani
haven
opposite,cboerei contending e nrad
wii
snehfol . with.he as sr.
e exhibited
especially
Ili,
byohwbe
at;
cult considerablechtkohnaomvweeleebtdee.g en
juok,f.ggeodvlaw—especially.hon,,t,ht adtet thereeirnrtee,rianrfaehtpimo
Ina:onlysd
law—
are
diffi-
culties !on-sounding this question. Nevertheleave those diffi-
cultieslnui a1,4.=1 th'e,sloils, from affirrulno-. by considerable majorities, the
the of the claims that were urged on the attention of
~,e. Lem,. Now the circumstances out of which these
claims arose I may state in a very few words. In the
year 1807, the British Government having been informed that
the Danish fleet e.- . to he placed at the disposal of Napoleon,
adverse to t e interest a d' this country, determined, upon the
nu
in!, .•
• ' ---4140 -,,, had reeeived, to take measures for
seizing th,t a ,•t,. he eileoli•ien was trip •ha• was Rot tie
wnh 'l4, g,..e,est ftec.cey and the weatest et- mo. nu le. am! I
need only re, to the eutirs relating to the flaw out and
i arrivalofthe expeditiou ea the coast ut Deuutark, iu order to