The Sun.
London, England, 1846-04-29 00:00:00

by the Right Hon. Baronet at the head of the Government '
in his allusion to the Scottish Union, and the position which
certain Members of that House had been enabled to
obtain under it, as well as in his reference to the privi-
leges which they enjoyed from the same source.—(Hear.)
All that the Union had done was to make certain Members re-
turned for Ireland Members of the Imperial Parliament', taking
upon themselves all the powers, all the authorities, and all the
Friend, the Member
privilegesd hexlvohnagtedditdohlllseffroobne.rs from time immemo-
he land? He agreedy
d Learned Member that they had no right by
for the City of Cork, mean when he talked of this authority not
being sanctioned by the common law of t
with the Hon. an
the common law to compel the attendance of Members on
Committees, but they had that law of the lar.d which passed
by the name of Parliamentary law—(Hear, hear)—a law, in
lf
(Hear.) His Hon. and Learned Friend must have come to
many respects, of higher authority than the common law, and ,
itse
which was necessarily admitted by the common law
his conclusion not in a moment of serious contemplation. but
rather while he was influenced by a desire to relieve a friend
from difficulty. It would indeed be attended with serious in-
convenience if they allowed an opinion to be entertained
that the House had no such authority as that claimed in the
present instance over Members coming from a particular part
of the empire, and he hoped the House would put down such a
notion by asserting its authority. What was that authority ?
It was what he had already stated. The House had a right to
call upon every Member to discharge those Parliamentary
duties which, from their situation and position, devolved upon
them, in such manner as the wisdom of the House might deem
necessary for the public benefit.—( Hear, hear.) 'When it was
necessary to suspend the Habeas Corpus Act, what was the
course the House adopted ? Was it not to appoint a private
Committee to report to the House upon its expediency? And
when the country was in a disturbed state, was it not usual to
appoint Secret Committees to make inquiry into the cause,
and report to the House the result of that inquiry ?
How many questions,then, relating to the peace of the country,
to the due administration of justice, or to the conduct of
Ministers and other public functionaries, were there, which it
was necessary and desirable should be inquired into by a Se-
cret or a Select Committee; but how were they to receive
these inquiries if the House had not the power to command the
services of every Member in such manner as it might think
essential for the public benefit ? He agreed with his Honour.
and Learned Friend the Member for Cork, that Parliament
might abuse its power as a court of justice might do,
but his Honourable and Learned Friend might rely upon
it, when the House sought to abuse its power by making
any absurd resolution, it would be soon taught repentance.
Now as to the question of whether the House could compel
the attendance of its Members on Committees--could it not
send fur the public—could it not send for witnesses, if they
would not come ? Well, then, had it more power over the
public than over its own Members?—(Hear, hear.) They
came there pledged io do their duty to the public, and who was
to decide what that duty demanded, what services it required,
and how it could best be performed, but the united wisdom of
the House itself ? ( Hear, hear.) Therefore, then, the
power to order Hon. Members to attend Committees was per-
fectly clear. But that was not the question here. The ques-
tion they were considering was the disobediency of an Hon.
Member in not attending a particular Committee; and, sub-
sequently treating with cont,mpt an order of the House. It
was true the appointment of the Hon. Member was
made by a Committee of Selection; but the House,
having delegated its powers to this Committee, the
appointment had become the act of the House. It was now
their act. It was by the authority of the House that the Hen.
Member was called to attend the Committee, and what was now
their situation?—(Hear, hear.) Why, it was such that there
was only one course open to them. He deeply regretted that
this question should have arisen, and that regret was increased
by the fact, that the question had sprung out of the refusal of
an Irish Member to attend on a Committee connected with the
private business of the House, because their present course,
being misunderstood, or misrepresented, might be productive
of more unpleasant feeling in the sister kingdom. He re-
gretted the more that the course of the Hon. Member for
Limerick was adopted with the sanction of his Hon. and
Learned Friend the Member for Cork. But he was confident
his Hon. and Learned Friend in his calmer moments would
change his opinion, and he trusted the Hon. and Learned
Gentleman would give the House the benefit of his
sober judgment upon the all-important question. It was
for the interest of Ireland the House should have power
over the Irish Members, and let it be remembered that when
they joined the House it entitled them to certain rights and
privileges, and they claimed these rights and privileges to
enable them to discharge the duties which the people required
of them, but at the same time the possession of these rights
and privileges must make them amenable to the jurisdiction
of the House ; and imperfect indeed would the Union have been
had the jurisdiction of the House been of such a mixed charac-
ter that its power over different Members should be placed
upein different footings. How then did they stand now they
had made an order upon one of their Members to attend a
Committee, and he had refused to do so? It was not that the
Hon. Member up to the present time had acted under any
misapprehension, for the Hon. Member, according to his awn
statement, had duly considered what his duty to the House and
his duty to Ireland was, and he considered he was justified in
withholding his attendance on that Committee. The Hon.
Member could not be committing greater treason to his country
than when he argued that he was doing no injustice to Ire-
land in not attending. It was desirable that the dignity
and authority of the House should be preserved, and he for one
hoped the motion of the Hon. Member for Kendal would not
be allowed to go forth to the public, because, in effect, it ex-
cused every man in that House from doing his duty. If the
House determined to discharge its duty, they must not shrink
from maintaining their authority when it was distinctly shown.
Was there any ground, any distinction between private and
public Bills? It was true, private Bills interfered materially
with private rights ; and it was the duty of the House to see
that they were properly framed and properly drawn
up. There was no distinction then between the two
classes of Bills, and it was the duty of the House to
employ its members to see that the law was wholesome,
and that private Bills were framed in such a manner
as to answer the ends of the public. There could be no
difference then between the Parliamentary laws which related
to the two class of Bills, and if they did not vindicate their
authority in respect of one, Hon. Members might disobey
their orders in respect to the other. The question was, then,
what course should they take? Now, for himself, he would
not shrink from meeting the difficulty, and on considering
whether he should vote aye or no, he felt convinced tbathe
should be doing right if he voted for that which maintained the
authority of Parliament. He trusted that that House, in
dealing with this question, would perform its first duty, and
maintain its own character and authority, and preserve its
jurisdiction from all evasion. He extremely regretted that
this question should have come before the House, but there
was no alternative for them to adopt but that which he had
already pointed out.
Air. COLLETT said, as he did not wish to render himself
liable to be placed in the custody of the Sergeant-at-Arms, he
wished to ask the Hon. and Learned Attorney-General a
question respecting two resolutions which the House had agreed
to in the early part of the session.—( Oh, oh.) It would be
remembered that a resolution was passed, compelling the at-
tendance of Members on Railway Committees, and another to
sanction the sitting of the House on Wednesdays, from twelve
at noon till six in the evening. Now, he wished to know
whether the minor duty of attending a Committee merged into
the superior duty of attending the House?
The ATTORNEY-GENERAL said, when the question
came properly before the House, he should feel called upon to
answer it.

Mr. DISRAELI thought the House could at this women,
adopt a course by which they might legally gain a little time
before they came to a conclusion in the present case, for it was
admitted on both sides that technical notice had not been
served on the Hononrable Gentleman the Member for Limerick,
and if they delayed the matter in order that this notice might
be given, it would enable the Honourable Gentleman himself
to consider his determination, and themselves to look minutely
into the case. But there was strong ground fir the delay, for
it was admitted that the matter involved a good deal of argu-
ment, and it was not improbable that the Honourable Member
for Limerick might require to be heard by counsel. It was im-
portant, moreover, that the decision on the present occasion
should not hereafter be upset on the ground of informality; and
he trusted the suggestion he had just thrown out would be
adopted by the House. He had heard it said that it was
totally impossible to carry on the private business of the country,
unless they exercised this privilege of compulsory attendance
Why should this be so? The business of the country was,
carried on, a short time ago, without this compulsory power ;
and it was only within the last twelve months that this new
principle was introduced. It was introduced, too, under cir-
cumstances of a peculiar character—at a time of great excite-
ment—and when there was a strong pressure of private busi-
ness. It was thought at the time that the pressure of private
business would continue, and it was therefore thought ad-
visable to take this decided step while this excitement con-
tinued. They violated the constitution of the House with re-
gard to the conduct of the business of private Committees.
Now the railway business was falling off it was hardly
necessary—it was hardly politic—to sanction this compulsory
rule ; but before they came to a decision, they wanted evi-
dence upon the subject. Let them know what the railways
were that this group No. 11 comprised. They might be all
bubbles ; and if they delayed this motion for a short time, the
next bulletin from the Stock Exchange might show that all
these Bills had vanished ; therefore he hoped the House would
take these circumstances into their consideration ; by availing
themselves of this technical expression, gain a little more time
to look into the matter themselves, and give another oppor..
tunity to the Hon. Member for Limerick to consider his deci-
sion. It would enable them too, as he said before, to recon-
sider the spirit of this principle of compulsory attendance.
The circumstances which justified them were daily disappear-
ing, and they would have an opportunity, at the same time, of
relieving themselves from a great difficulty, and yet
be enabled to preserve the privileges of the House.
Mr. C. BULLER said it was quite clear that his Hon.
Friend had deliberately refused to attend the summons of the
House, and had, therefore, been guilty of a breach of privi-
lege ; and he was of opinion that where the requests of the
House were not attended to they should endeavour to enforce a
compliance. At the same time he was sure that every Member
of the House would, in consequence of the circumstances in
which his Hon. Friend was placed, wish to see this con-
tempt of the House visited by temper and moderation. He
agreed, in a great measure, with the remarks of the Hon.
Member for Shrewsbury ( Mr. Disraeli.) It was certainly
manifest to every one that a contempt of the House had been
committed, and they must, in justice to themselves, see that
that disobedience with the orders of the House was punished
in some way or other. But be was sure that his Honourable
Friend, in not attending to those orders, had been acting in
ignorance, and under misapprehension. He knew that in the
courts of law, if a party to a suit acted in contempt of the
courts, he was supposed to act under the advice of his counsel.
--(Hear, hear.) And it was quite clear that in this instance
the Hon. Alember for the city of Limerick had been acting
under the advice of the Hon. and Learned Member for Cork
( Mr. O'Connell).—(Laughter.) But the Hon. Member for
Limerick 'should have looked, not to the opinion, but the ex-
emplary Learnednent o
n sauleehmtibuel
ler
s, t
ifoonr s
its
as was attached by all se
His Hon.
nsFibrlieenmd
eought g
ttaotuliatyoussuocp.
inaiovnas value
conduct,
o‘fvatshatht ellboe7t.
(LHeaeranre,dheacro.
th great
• • he had fancied at a
Friend had been led into error ,
of English and Irish
difference existed between the duties
)unsel.—( Hear, hear, and laughtr His Hon.
this instance.—
(with the opinion of the House
Members of that House. But the House did not think there
Hear, hear.) At the same time they must not forget
k
existed any, and he (Mr. Buller) thought. thathe must u stteoincide
prevailed
to a very considerable extent. A great
the Irish Members were not
that the notion of the Honourable Member for Limeric
many people fancied that
subject to the same laws as the English, andtiiitewHasoenv.idAeinetmtbheart
in disobeying the summons of the House,
was acting in conformity with that notion. He (Mr. Buller),
the opinion of the
therefore, thought that it would bebutjuhrs toopigtniovne.t_heolH:az
Member an opportunity of reconsidering
hear.) He should perfectly coincide with
contend that it would be but fair, after the House _
an opportunity of
such a resolution, to give the Hon. Member
House, that a contempt had been committed;bLit hecomwoeutldo
to submit iftotrowathrde nails
Mr. O'CONNELL explained with regard to some observa-
tionsaan
unanimous
so f
opinionsen sense to t
ofo say
the thatllo House.—
ee
_w was
u epreparedr .
which had fallen from the Hon. Member who had just sat
down.
Sir R. H. INGLIS said it was his misfortune to differ very
frequently of late with the opinion of the majority of the House.
He would, however, venture to say, that he would give his cor-
dial support to the original motion. He held that it would be