, 1875-03-08

AfF1'. lhHf sfUH move TIC hearts " tho Chris
tians III thvr behalf. il the prayer o{
a SlSNEn hAvED NY GRACE.
MfTCIiEL'S CASE II PARLIAMENT,
Premier Disrnclt.s I'ronouuccmcut
| AHninAt tho Admission uF tho irish
| Ec1oM- Legislative Precedent ANA
| L3tsy yArRMnicht-Tl,c :. Nan y of Fin-
perjury ftcJcctcu Ivy tho ssyuse uf
| Com mona.
During tho session of tho Eng1fs!, 1iottee of
Commons on the 18th Of February Atr. Dsyacli
roso to move, "Tflat John Mitchell, returned ns
member for tho County Of Tippesary, having
been adiulged guilty Of felony and sentenced to
transportation for fourteen years, and not Aay-
ing endured tho punishment to which he was nd j.
Judged for such felony, or received pardon utl-
dor tho Great Seal, LAS become and continues
Incapable Of being clccte1 or returned u a
member Of thiA Houso. That air. Speaker do
isHue hts warrant TO the Clerk OF the Crown in
Ireland to make out now wit for
| the clecting OF member TO eorye In
th1a Preacnt IaFliament for tho County of
| Tinpeshry in tho room Of JOHN Mitchell. nd.
Judged and Aentenccd ~ aforesaid" The riellk
honorable gentleman said: "The electors for
tho County OF 1ipperary hare returned to this
touhe = convicted felon. w'.o IL thereby Inca
pacstated from taking Ills soas In shis l1ousc.
was found guilty and sentenced to fifteen rea,s'
ttansp1rsatlon: a T. Altar : comparatively ,sLort
period lse escaped from tis imprisonment, aud
he has neither fulfilled tho sentcnco awarded 10
him. nor haa lie received tho pardon from IItr
Majesty under the Great Seal. lie therefore rc-
maina = convicted folon. and is incapacisatcd
| from taking hia seat In this HouBe, anh under
tho circumstances. beg to move tho resolution
| that have placed Gu the papcr."
MIR. O'ShaughnesBy fWho was very iudfstfoot]y
heard ia tho reportcrs' gallery said 10 did not
honorable sentlcn'an, nor tho applicability OF
those principles to the caso before tho House,
1io asked for tiuo to be- allowed for tho coz
| btleratson Of the motion.
The Attorney-G General said he could not bettnr
anBwcr tho chalcrge Of the honorable memhor
for Taunton (str Henry James) than bv giving
| an answer to tue three Questions ho had aAked;
INT. before he did 30. hc desired to ray the
Houso tad h!~A5s preserved to itself tho right 10
decide questions BEch na those whicl. arose in
tha case. The first question which tho learned
/ tnomber for Taunton had asked vas, whether
Mr. John ailsehe! could now bo proceeded
c1piEnston Of hts sentencc. Tho Irish law on the
subject differed from the law which applies to
England and Scotland. A convict VINO had
en gssn ssn'nssa snS In oh tq rn
part of Her Matestys dotnnions s. was sns
isable to penalty. but iu the Irish oct tho
vords were, Anywhere within the United King
victcd and transported under the act, his betug
at largo within tho colony Of Van Dleman' Laud
before tle expiration Of iis ncn.ence did not rem
der him 1ab!o to the statute. In regard to tllo
etate OF tho Law 1t did not appear to linn at tie
present tt1uo Mr. Mitchell would be ab1e to ar
reet by reason Of tue original scntouco or Of bis
hosng as large before tho expiration Of his eon-
asked him wns. whetlcr Mr.. Mitchell could bo
proceeded aga!nat for breaking the pripou. Tho
statutes of Van Dicmau's Land PROVIDED PEN
ally upon any peEson wllo aided mud hboIted the
tho prisoner himself ["Hoar hoasl"], bat lIe
conceived sho escape from prison before
| tho expiration Of tue sentence was misdc mean
or At common law although lie imagined no
q prosecuting against Mr. Mitchell 'Di,te bo.
| cause OF his escape. [CLcers.i Tic
third question which tl.e learned mem
ber asked was under .what disability
| by roaaon ct what had thkon place. By lis con-
yictlon in 1873 he became subject to ali tho dis.
qualifications Of feJon. one Of tho dsquntif1ca-
t'ons beng % iucapability Of becoming n.en-
her OF Parliament; Tho only way il Which
those disquatcattons could be rot rid of was
by his receiving either a free or conditional
PARDON Or BY 6oryug out tho pe7od Of hts sen-
sonco; II conditional pardon were granted,
and the conditions wero complied with, tho r.
suit would bo tile anne ~ II free pardon under
tie Great Seal had been granted. Whore tho
piIneh I1 !ay 10 tho present case was that Mr.
slltEllGl H4l LUZ GuuuE Oh tIG MHoIC or jltH hn-
tencc. {" Hear, hear!"I I1e Ind not received
either q FREQ or conditional partlo,l, so that
Until no had endured his sentence. ali tho dis
qualifications Of feiou wore attached to him.
l"Ilcar, hear III
Sir W. Vernon I1atcourt ea!d the matter had
como somewhat suddenly upon tho House, and
10 DID not feel In situation to e1press a coua-
lent opinion upon question which MAS . great
constitutional QUO, aud at tho same t;me pnn of
en0rmous difficulty.
The Solicitor General. after expressing 1yeat
respect for the honorable and learned inctnbcr
for tia University Of Oxford, sa,d that tho
TO Eaise any doubt in lli4 mind. Tue question
before the ftouss WIS whether John Michel,
convict felou. WIS oligto to sit in .tis House,
" the common law OF tho land, ~ laid doxn in
ner that q man at1aiutod Of treason ar felony
mas lncapacltated from being elected = number
Of Par ltlutnont, not because tie person 80 at-
tainted was clyilly dend, but because 10 WAS not
tho langnago Of tie writ 10 serve ID Tarl,a,noIt
Il" "Hent, hear "]-Rnd ho did not think aty QUO !
would dispute this "aa good sotao OH the part |
OF tlo common law cnaetmcnss OIL this subject. |
Mr. J. Martin would lonve ali the questions |
other than tho breaking OF the parole Tor lawyers
to sott!c. llo was one Of tho men bofora whom !
t ,i.o scheme Of Mr.. Mitchel's escape WAS laid.
o1 lac M, ma wss 1eanessed by Mr. Mitchell to con
honor whether they thought that Ia oiIcctug tlis
escape he would bo broaklng hs parole at,a act
ing d'shoaorable OF not. All Of thom gave il AZ
their opinion. in writing, thu. the escape BY tile
inoans proposed would bo honorable laugh
sor.l Honorable gentlemen might laugh, INT ho
saltled the laughter no moro t!an 1t Was worth.
lnene"od laughtor.] Ills object IN rising was 70
III every member Of tho liolso that II Mr.
Mitchell Lad acted d.si,ouorably le tho Bpcaker}
wgs responsible for it. Howoyer m.tol Mr..
Mitchell had oflondcd tho English nation le
never never told lie. .I"ucar, heaE."l II Mr.
also. ue ca1oa iitto for Any decision tho House
might como to, aud 4o did not thlnk Mr. Mitchell
cared much. slr. Mitchell was tho rcp1csonta-
TIVE for TippoEary ~hatoYer tho House might do
eide, aud ha protested against man in his POSI-
tton bo!ng reckcusly stigmatized ~ liar, ~ ho-
ipH both inconaidorato and unjust.
The Marquis Of Harrington said the only con-
talderation upon which tue right honorable gou-
lienian could nrguo wac On tho ons hand, tho
cQtatIn Mhethne il tilto tlIa tli4utu