The Sun.
London, England, 1829-05-19 00:00:00

and SO, at two, at the Itiiyal Hotel, Blrmingharn. Car-
dale, Buxton, and Newton, Gray's-Inn, London ; Haw-
kins and Richards, Birmingham.

M PERIL& L PARLIAMENT

THIS EVENING.

HOUSE OF LORDS.
The House met and forwarded several Bills a
stage, af.er which their Lordships adjourned.

HOUSE OF COMMONS.
The SPEAKER entered the House at a Quarter
before Four o'clock, at which time there were a

very full attendance of Members.
Mr. PEEL and the SOLICITOR GENERAL entered
the House at Half past Three o'clock.
Players having been read,
Mr. Johnsen, from the Office of the Chief Secre-

tary of Ireland, produced certain papers.
Mr. PEEL, the SOLICITOR GENERAL, and several
other Members here had a conversation with the

Speaker, which lasted several minutes, after which,
The SOLICITOR-GENERAL moved that the
Order of the Day be now read.

MR. O'CONNELL.

The Order of the Day requesting the attendance
of Mr. O'Connell having been read,
Mr. S. RICE inquired what course was intended
to be adopted in case Mr. O'Connell refused to take
the oath of supremacy.
The SOLICI I'OR-GENERAL—In the event
of Mr. O'Connell refusing to take the oath of su-
premacy, I shall then move that Mr. Speaker be
requested to issue a new writ for the election of a
Member for the county of Clare.—(Hear, hear.)

Mr. SPRING RICE—In such case I shall feel
it my duty to move as an amendment, that the oath
be so altered, or dispensed with, that Mr. O'Con-
nell can take his seat without a new election. (Hear.)
Lord JOHN RUSSELL said he was not pre-
sent when the resolution for culling Mr. O'Connell
to the bar of the House, to enquire whether or not

he would take the oath of supremacy, was agreed to.
He thought it was proceeding in a very incon-
venient manner, for if the Hon. Member for Clare
refused to take the oath at the bar; yet, then,
as a Member of that House, he must refuse to take

it at the table--(Hear.)—he did not, therefore, see
why he should not at once be called to the table.
The SOLICITOR-GENERAL.—The Hon.
Member for Clare having last night stated his rea-
sons why he refused to take the oath, and having
before the debate was concluded left the House, it
was resolved that he should be called to the Bar
and informed of the decision of the House, and the
oath of supremacy should be again tendered him. If
when he was asked to take it, he returned an answer
in the affirmative, he would then be called to the
table for the purpose of taking it; but if he answer-
ed in the negative, it would be idle for him to state
at the table what he had before stated at the bar.

Lord JOHN RUSSELL was of opinion that
Mr. O'Connell could only regularly be asked to take
the oath at the table of the Mouse.

The motion that Mr. O'Connell be now called

in, was then put from the Chair, after which the
Speaker inquired if the lion. Member for Clare ,a.a4
in attendance. On being answered in the affirma-
tive, he ordered Mr. O'Connell to be called.
Mr. O'Connell then advanced to the bar, and
The SPEAKER said—Mr. O'Connell, I am
directed to inform you that this House, last night,
agreed to two resolutions, the first of which is,
that it is the opinion of this House, before the
Honourable Member for Clare can sit or vote, he
must take the oaths of allegiance and supremacy ;
and the second, that Mr. O'Connell be requested
to attend this evening for the purpose of being in-
formed of this decision. Mr. Speaker was also re-
quested to ask if Mr. O'Connell would take the
oath of supremacy. Ido therefore now ask you,
if you will take the oath.
Mr. O'Connell,—l wish to see the oath.
The Clerk here took the oath to the Hon. Mem-
ber at the bar, after which

Mr. O'CONNELL said, I have before seen this
oath, there is one part of it that I know not to be
true. And there is another:part of it that I believe
not to be true, therefore I refuse to take this oath.
(Hear, hear, hear.)
The SPEAKER,—Mr. O'Connell you may now
withdraw.
Mr. O'CONNELL accordingly withdrew. After
which

The SOLICITOR-GENERAL—I rise to move
a resolution, which is I apprehend founded in prece-
dent in such cases as the present. When a party
has been declared to be duly elected, arid is
required to take the oaths, and has refused
to do so, the practice has been to call upon the
Speaker to issue his warrant to the Clerk of
the Crown for a new writ, that the place may
not remain unrepresented. I therefore move—
" That Mr. Speaker do issue his warrant to the
Clerk of the Crown for a new writ for the election
of a Knight to serve in Parliament for the county
of Clare, in the room of Daniel O'Connell, Esq. he
having refused to take the oath of supremacy."
The motion being seconded—
Mr. C. W. WYNN said, that he thought the
House could not adopt the course suggested by the
Hon. and Learned Gentleman's motion. Under the
Act of Union, before any election could take place, a
notice to that effect should be inserted in the Dublin
Gazelle, and no writ should issue until forty days
after the publication of each notice. Now, then,
he contended that there was no notice at all, as
forty day's had not yet elapsed since the passing of
this Act.
Mr. PEEL said, the question was, whether the
Speaker do issue his warrant to the Clerk of the
Crown to make out a new writ, when it could
be proceeded with. He thought the more
convenient course would be to adopt the suggestion
of his Hon. and Learned Friend. lie apprehended
that when the Clerk of the Crown received Mr.
Speaker's warrant, he would delay the issue of the
writ until it could be legally issued. It could
not be contended that the Clerk of the Crown
could incur a charge of disobedience, for there was
nothing in the terms of the warrant to oblige an
immediate issue of the writ. Of course the clerk
of the Crow?' would be justified in delaying
the issue of the writ until it was legal to
do so. With respect to the objection started by
the Hon. Gent., (Mr. Wynn) he thought it did not
apply in this case, for the provisions of the Act of
Union were over-ruled by a subsequent Act. The
question then merely is, whether the Speaker delay
the issue of his warrant or not.
Mr. PORTMAN said that he thought the House
were bound to pay some attention to the question
now before it. The Hon. and Learned Gentleman
had propounded a measure of the most solemn na-
ture without any notice to the House ; until the
last half hour the House had not the least intima-
tion that such a course would have been adopted,
and he thought, under the very peculiar circum-
stances of the case, and as the Hon. Member for
Limerick had given notice of a motion, calling upon
the House to appoint a day for the discussion of
,
the subject, he was extremely anxious that the House
would not come to any premature discussion.
The SOLICITOR-GENERAL said, that if
there were no precedents to jussify the House in
adopting the course he had thought it right to suggest,
he would readily acquiesce in affording further time :
but, looking at the Journals, he found that this
was the ordinary practice on the refusal of a Mem-
ber to take the oaths.
Sir J. MACINTOSH considered that there
was no precedent on the Journals applicable to the
particular case before the House.—(Hear, hear.)—
In all former cases, the warrant was capable
of immediate obedience, which was not so here.
He believed. that there was no precedent of the is-
suing of a hypothetical writ, which this would .be
and unless it could be shown that there was an au,
thority for acting in the way recommended by the
Hon. and Learned Gentleman, he thought the