Star.
London, England, 1829-05-22 00:00:00

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be wished Ow to, iqfp ,timargstitti. op,whim" be voted.
I apiiiit-the4l4oiniee OCIPMee.
tick.. By the,vote of the Bloula ot Iddliday Wert sky
hid fnlir end irrevocably illived that Mrs 0 Condon
could riot take his mak WithoUt having previously taken
the oath of iapremacy. When the Hon. and Learned
Gentleman tame down to take his mat_under the•lee
,as it now stood, they were admonished that they were
sitting' in a
did
cbtractet--4itt admonition which
he felt be not require, for be was pressed to de-1
tide on the question as a judicial question. :in that
character he had listened • to Mr. O'Connell's argu-
ments—considering' them as in some degree apart**,
and be had also listened with equal attention •to the
speech of the Hon. and Learned Solicitor General, and
to those other Honourable and Learned Members who,

from their profession, and peculiar studied and per-
suits,ware allowed to be the best able to guide the House
in its decision on such a question. He Budded its
the humbte character of a Juryman ; but even ara Sury-
man be felt he was bound to consider the construction
of the law, and its application to this particular case. If
there was a difference of opinion and a around of doubt,
he Considered they were bound to give the benefit of
that doubt to an indiridtial against whom they were
construing a highly peoal Act of Parliament. After be
had heard the perspicuous and forcible argument of the
Hon. Member for Peterborough (Sir J. Scarlett) he could
not but entertain a doubt tis to the construction of the law,
and eritertainina such a doubt, be voted against the pro.
position of the Hon. and Learned Solicitor Gem because
it would preclude the House from entering into any
further consideration On the subject. The Catholic
Relief. Bill, was intended as a measure of perfect con-
cession, and he admitted that he was aware, when ire

Bill was passed, that it contained a-claase whicb, Ii
he then thought, would prevent the Membet for Clare
from tiking.his seat. But if, from the wording et
the Act; it appeased that Mr. O'Connell Could take his
seat, or that his inelicibility was not unequivocally et-
tablished, that was a sufficient ground at least for pausing
before finally.deciding on the question. He was sorry
that the House did not enter Imo his views on the
question; but he could not now forget *that the House
had affirnied the proposition of the Honourable and
Learned Gentleman (the Solicitor-General) and on this,
as on every other occasion, be thought the Howe Was
bound by the. act of the majority. There was a prese-,
dent in the year 1801 for thecoune he would hue re-
commended, in the case of Horne Tooke, who was re-
turned, being in holy orders. A new writ was moved,
for in Mr. Tooke's case, but, instead 'of issuing the

writ,. the House appointed a Committee, wbo en-
tered into an inquiry on the subject above stairs;
and it appeared that, according to priociple and usage.
from the time of Sir Edward Coke to that of Mr.
Justice Blackstone, a person in holy orders was not'
competent to sit for or represent the Commons of Eng,.
land. The present Lord Sidmouth, then Mr. Addioeton,
was the Prime Minister, and, having filled the Chair of
that House, it might be supposed that he was well versed
in parliamentary and public lam. He declared that he
had not the smallest doubt as to Mr. Tooke's ineligibi.
lity, sad that he was ready to affirm the abstract • pro■
position that no person in holy orders could sit in the
House of Commons. Lind Ellenborougb. the then At.
torney General; Mr. Perceval. the then Solicitor Gene-
ral ; and Lord Stowell, who filled the office of ling's
Advocate, all cooconed with Lord Sidmootb. The late
Lord Erskine and the now Lord Grey expressed some
doubts on the questien, but Mr. Addington said he had
no doubts, bat that, as it was a solitary case, besot:mid
not propose any measure that would exclude Mr.Tooke,
but be would take care to remove all doubts in future
by the introduction of a measure which would set the
question at rest. Under this arrangement Mr.
Tooke sat in that House till the end• of the Session,
and, whatever he Might have been before, there never
was a more baronet's and less formidable Member
'of Parliament—(Hear, hear). Now, he was sorry the
House did not adopt a coarse somewhat similar
in the present instance. He had some doubt of the
construction Which the Honourable and Learned Soli.
citor tieseral put on the law as bearing on the qualm;
but the House having affirmed the Honoutable and,
Learned Solicitor General's view, he (Mr. Huskisson)
felt that be pad only to bow and acquiesce in the
decision, and that the House could not consistently en-
tertain the proposition of the Hon. Member for Limerick
(Mr. Spring Rice). After the decision of the Hoist,
he felt precisely in the same situation as. if he bad
never entertained any doubt. He acquiesced in she
Somas Catholic Bill as a measure of conciliation and
peace. though the clause excluding Mr. O'Connell was
not the pint he admired most, and he certainly did not
feel .bat the benefit of the measure was done away,
though Mr. .o*Coanall was prevented from taking
his seat. He could not help thinking that it was most SA.`
fortunate that the Hon. Member for Limerick should
have made the propositicio, which be conceived was cal-
coined to excite, and not to allay, that agitation wbicbl
the.fion.hileinber.iottroogly and, no doubt, sosiacesely
der teeter,- In the.. ordinary .course he believed It
would have been necessary, for the Hon. Member for
Clare to sake thy, oath, and the only question Chas re-
mained Wita, whether, under the construction of the late
Act, be Muld sit without caking it? Now he (Mr. Hus-.
kissoa) hada doubt on the subject, and the question
win whether he wai right or wrong in entertaining that
doubt? This question he had considered with judicial
feelingi, and though his opinion differed from that of
she majority, he agreed with the Solicitor General for
Ireland that the House would stultify. its own proceed.,
ingi by sanctioning the proposition now made. He
lamented the vote.of the House on Monday night.,stul
he also lamented that the Act contained a clams*
which excluded Mr, O'Connell but, he coact not
new concur in a proposition to .alter that Act. .In
refesins to. do so he thought be acted More consistently
thin his Hon. Cglleagne (Gen. Gascoyee) who supported
the present motion. As to the proposition to maks
amendment' in the late measure be would certainly op.
pose it, notwithstanding what bad fallen from his Hon.
and Lana Colleague. He begged pardon, his Hen.
and Gallant Fatted :bad been discussing the Act of
Elisabeth, and had evinced so much learning chit it
hat ho *Render he (Mr. Huskisson) forgot his proles.
sion. lo one sentiment he agreed with his Hon. and
Gallant Colleague, namely, that he would rather see
Mr. O'Connell in that House than lee him the acknow.
!edged _and recognised chief of a numerous and dissa-
tisfied populatioo. He had heard it stated with great
pain that the exclusion of Mr. O'Connell would prevent
the late measure of relief from being beneficial is Ire.
latd.. The Relief Bill was a great and salutary measure
of justice, which, in his opinion, ought to give peace to
Ireland, and which ought not to be frittered away be.
same one clause was foetid so press hard on thwHoo.,
Member.for Clare, or, perhaps. mote properly speaking,
the Hon. and Leartted Gentleman.
• Mr. FERGUSSON thought the Member. for Lime-
rick had taken a Most unfortunate tonne. •If it. pro-,
ductd agisatioa it:wisuld be attribetable to the motion
itself.. But be low an teem why it should produce,
' agitation. If the bill excluded Mr. O'Connell, it