Star.
London, England, 1829-05-19 00:00:00

Geier te give the Act the fullest ecope which 1h 14"
lame intended, it goes on to include all deal Fleas
*mpg apse which are hereinafter excepted, and *ale
14irtaio olives width are mentioned io the lffth sue'
ticket die BM, and the Lord Cbsocellorship and-Ler4
Liatiteuancy of Ireland. The f3th section also ezefoded_
Masao Catholics from interfering in livings in the
by. peohibiting them, fiom advising•i Crown
in the appointment of offices of prelersnent in theCherch.
These, then, were al[ the exceptions which were men-
dined, and if sitting in :Parliament was excepted, it
would surely bad been excepted by name. He had
mad the Bid carefully, and could not see any one :part
of it in.which this civil right was excepted. It.might,
perhaps, be asked, was .sitting in Parliament a civil
right? He had looked into several law authorities on
this subject, and be found that Blackstone divides the
entire subject on which he writes into right and wrong,
tad the very first example of civil right which he gives
rthe tight to sit and vote in Parliament. Butif they
were to travel out of law authorities. 'and look to the
meaning of the word as used in the Engliiblanguage.
be found that Johnson explained she word d, civil,"
as relating to the community. 64 political," and the
words political and civil were, 'indeed, precisely the
mime in meaniag. the only differeicetieing tbatone was
derived fteef,the Greek and the other from the Litin.
Agititf,- the meaning given for the word 41 right"
woo 44 eihat justly belongs to a perido, power, preroga-
tive, immunity, privilege." These meanings were in
fact mete comprehensive than he himself could have
looked for. The word civil rights could not mean bah-
chise. for that was mentioned in itself. It could not
.apply to property, for by another section of the Bill that
could be enjoyed without taking any oath. It was clear,
then, that political privileges were meant by civil rights.
There was one which might,perbapkbe urged.
as no time and manier were appotpted for taking the
oaths in compliance with the latter part of the tenth sec-
tion. Which provided that they should be taken as herein-
after mentioned, and as the 19th section provided the
time and manner for taking oaths for corporate, and the
30th for other offices. But his objection was to obviate,
by the Sad section, which provided for every such case;
and by punctuation, as there was no punctuation in Acts
.of Parliaments, it would be made to bear even more
strongly on his case; but this section provided the proper
Affirm where those oaths should be taken and authorised.
And ordered the proper officers to tender the oaths when
any Catholic should demand to take them. There never
was time and place mentioned. The time was when
they aboold be demanded—the place the Courts of Ex.
chequer, King's Bench, Common Pleas, and Chancery.
That objection therefore vanished at once. He had
taken the oaths as the law directed. and he wai ready
to prove it. He could now lay the certificate• on the
table, and, having taken the oaths, he would torn round
And respectfully ask the House oh what grounds they
could exclude him ? His was not a case in which there
was any danger Of its being made a precedent, for such
a case could never again occur; and he could not sup-
pose that it was the intention of the Legislaarre to ex-
elude him from the benefit of the Relief Bill unless they
wished that the Act which was to afford relief to an
entire nation should be an act of outlawry against a
single individual. It the intention was to direct the
Act against him, why did they .ntit specify his case?—
The circumstances of it were well known ; they were
on the records of the Home, for a Parliamentary Com-
mittee had sac upon his election. He wished to call the
attentioa of the House tki the preaMble of the Bill.. It
is as follows—.

" Whereas, by various Acts of PuWmaat, certain restrainand
.disabillties am impeesd as Roma Catholic sobjectsofhis Majesty,
to whieb other sobjests et his Majesty. are oat tables sal whereas
Ws needful* diet such restraints sod disabeisin shall be from
issecifordidiseaudemid t assd whereas, by varletwActs, certain oaths
sad declared/O. osmsenly called the declaration against tramalk
sundial...and salmi tcansubstandasios and 'tlas 'invocation. Of
salon. and the escrifice ash, mass, as. practised in the Church of
Rome' are or may be refired to be taken, made, and subscribed,
by the subjects et his Mapesty.es qualifications fordo's,' and eating
in Pediment, pod fee the enjoyment of ace., franchise, and deli
rights—Be it coaxed, by the Obill MOM easeful Majesty, by
and 'Weise advice zed consent of the Lout Spiritual 'and Tem-
poral, and Commons. hi dsii present Pullman assembled. and by
the authority-of-the same, that from and after the commencement
of this Act all suds parts debt said Acts as resides the said decla-
rations or either of them, to be made or subscribed as a qualifiers
don for doing and voting in Peasant, or fee the 'lefties*,
enjoyment of any ace, franiblic. or •dwil right. by goy a his
Majesty's Objects, be, and the same are (save as hereinafter provided
and excepted), hereby repealed."'
It included all Catholics, and was "to remove resttaints
equally from all. That was all he claimed. He knew
the recital of a Bill 'was not to ceramist any afterelause;
that.is that a particular recital should not controol a
general clause; but in this case the recital was gene-
and bore out the meaning of a general clause. They
should, therefore, look to the recital, and look also to
the enactment; and he respectfullycoutended that. both
were conclusive in his favour. But if they did not per-
mit him to sit, be would ask. what could they do w ith
him? The penalty of the 30th Charles 11. which was
a penal grievance, had been abrogated. and they could
not therefore turn him out. They could aot let him in.
What was to become of him? He contended that
the penalties did not continue, for to refer again to
the pecuniary penalty, which imposed a fine of MU. be
would go before any jury, and defy them to impose the,
fine; and if be was not subject to the smaller penalty.
hOw could he be subject to the greater—the one which ,
Ought to be.much mere valuable as it ought to bowed"
more dear to him—the power of representing .a devoted,"
a patriotic, ea. 'almost Martyred ple? The most
obnoxious parts- Of the Act of Charles had been viol
pealed. It was by the declaration that Human Ca-
tholics were intended to be excluded, and; after the
greater oppression bad been removed, were they
suppose that the greater penalty should remain?.
if beWas wrong the very next Term the questins usighi
be tried-in the Cann of King's Bench. and if the 36e.
tiers decided against bus there was an end to hisclaisis.
He would have to pay a penalty of 5001.--and, suei
being the ease, whj need the House to interfere to
tfie-
fuse his claim when it might be settled by the King's
Justices? He did not ask them to decide in his ta-
your against theii privileges, but he begged to remind
them that by deciding in his favour, they could do
no wrong.' for the question being tried neat Term,
if the Omit of -King's Bench decided sigainst him.'
and that any Member of this Hoists brought in his
hand the • judgment of that Court;' there was 'an end
to his (Mr. O'Connell's) right. This was quite clear,
and it ought to be equally clear that if enydenbt arose
in the Construction of the Jaw
,as it referred to his case,
hi ivis entitled tiiide benefit of the ilcitsbu To conclude,
be claimed this sight because be was returned by the
voice of the people. The law, as it affected this tight,'
was now to be construed,ior the first time, and he was.
sorry that his was the first case in which it was to be
*construed. Ile did not hesitate to sly, that he had de-
ferred trying his right as long as he could, but he felt it
ae imperative dory to those whb sent him to have his
fight decided upon. if the decision of this question was.
mve individual case be would bury his claims in per.:
etual oblivioop but bj doing sobs lel% thit Ise sbosiii
/0 - civil /WK.' and that, if the. Noise. divided
meld. degas' dint Ail Relict Bill was