The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1875-03-21

TO In all particulars, and for this reasOp-tne |
English Liberals determined to speak against
the Government, and actually did speak and
vote against them, and the Home Rulers wisely
thought it would be well to let them fight the
battle as far as they appeared willing. Mr..
O'Shaughnessy having moved, in able
speech, that the discussion of the whole mat
ter be adjourned, and Mr.. Sullivan having sec
onded the motion, Sir Henry James attorney
General under the late Governmept) brought |
his legal knowledge to bear in throwing doubt
upon the allegation of the Government that
Mr. Mitchell was ineligible, and he was sup
ported by several ex-Cabinet Ministers of his
party, including Mr.. Lowe and Lord Harting- |
ton, the present leader of the Liberal party. |
On a division, the Government had 269 votes,
the Home Rulers 102. aud new writ was at
once ordered for Tipperary. But though the
Government carried their point, the circum
stance that the Liberal leaders and goodly
number of Liberal members opposed them on
such question, together with their own
curious statement of the law regarding Mr..
Mitchell, las created an uneasy feeling in Eng
land and while the Times pronounces that
view neither commou-sense nor law, other pub
lications assert that it is fagrantly unconstitu-
tional. What the Attorney General stated was
that Mr.. Mitchell could not be arrested and
compelled to serve the remainder of his SEN
tence. For this statement he cited the statutes
applicable thereto, and certainly surprised
everybody, as every body had believed that
John Mitchell was not arrested only because
the Government wished to be lenent. He had,
in fact, fulfilled his sentence in remaining out
of Ireland for more than fourteen years-the
term of his sentence in IS45. But what came
after was still more surprising. 1t was that
notwithstanding all that has just been said
John Mitchell had, nevertheless NOT fulfilled
his sentence, and was, therefore, incapacitated
from sitting in Parliament. "Fhere is no part of
his sen tence," says the Pail Mall Gazette sum-
ming up the statements of the Government
lawy ers, remaining to be fulfilled, but yet he
has not fulfilled it, In short, it is fulfilled for
one purpose and not for another He is not a
felon in the sense that he may be arrested and
RENTED to prison; he is felon in the sense
| that he is disqualified by his sentence from
sitting in Parliament" To solve the difficulty,
the Times suggests that he should be arrested
or that, if he is returned again for Tipperary, a
| Conservative should stand against him and
| claim the seat In either case, a regular
| court of law would have to decide the question
! aud such a tribunal might throw some light on
the subject. The fact, however, that Mr.
| Mitchell is a nationalized American citizen may
prevent, as one English paper has already said
| it actually has prevented, his being arrested.
| Whatever the Government the House OF
Commons does, however, Mr.. Mitchell intends
| to stand again for Tipperary, and has actually
| issued an address-of Eve 1ines-to the electors
in which he asks them, if they do not approve
of the verdict of the Government, to elect him
again, unpromised and unpledged. And 80 fal
it would really seem as if he were about agar
to be returned unopposed. At a conference OF
Nationalists in Tipperary, on Sunday, it wat
determined, although MI. Charles J. Kickham
one of the Fenian "felons," was opposed to the
step, to renominate the illustrious exile; and
the Home Rulers, and the moderate men of al
parties, as far can be seen at present, will
aequiesce, out of a conviction that the Govern
ment has trsmpled on the constitution and set
aside the will of great Irish constituency fol
/ no good reason but because they wished to dc
80. At the same time, adhere to the opinion
l have expressed in previous letters, that &
Constitutional HOME Ruler would beat Johr
Mitchell in Tipperary, under the ballot-th'
electors not being quite so advanced as the
non electors. The latter are not acting. indeed
in the most sensible and rational manner
They talk wildly about striking terror int
the heart of England, by compelling the Gov
eminent to disfranchise Tipperary;" as if the
Government would not be good deal mor'
troubled by the presence of one Home Rule
in the House of Commons, like Mr.. Isaac Bot
or Mr.. A. II. Sullivan, than by dozen Johr
Mitchels outside, whom they could arrest under
the Coercion Act, if he gave them any annoy
ance, in five minutes, or than by the disfran
chisement of dozen Irish Constituencies The
electors of Tipperary, you may be sure, dom
want to be disfranchised at all. But here
must stop. shall have decisive news mex
week and, therefore, shall merely add now
that q requistion is in course of signature il
Tipperary, calling upon the Hon. w. O'Calla
CHAN, the junior member for the county, *
resign, in consequence of his having voted
tho Home Rulera Thursday n pht