The Express. — 1867-11-22 (London, England)

HOUSE OF COMMONS.—TIIUL,DAY, Nov. 21. is the House of CuNIMuN,., ye=oerday, Mr. CORRY stated, in reply to Mr. Watkin, that the man Maguire, one of the prisoners convicted of the recent Fenian outrage at 31aneliester, and who was sentenced to death, who has since been unconditionally pardoned, but who had been nevertheless dismissed from the marines, has been restored to the service.  Mr. 11.titov obtained leave to bring in a bill to ameud the Metropolitan Streets Act. 1867. That act. he said, had been found to operate with great injustice on persons who earned their livelihood in the streets. The bill enacted that the section in the act which prohibited obstructions an the streets should not apply to costerniongers. street hawkers, or itinerant traders so long as they carried on their trade in accordance with regulations laid down bytheCommissioner of Police. Mr. M toIUIRE made another appeal to the Revenant:eta to reprieve the Fenians now under sentence .4 death at Manchester. Doubt, he said, had been thrown on the verdict by one of the prisoners convicted having since been pardoned, and by the prosecutions against a second batch of prisoners having been abandoned. Then, there! was en old decision which would reduce the offence from murder to manslaughter if the warrant under which Om prisoners were rescued were illegal, and there was a doubt whether it was legal. On these grounds he asked the government not to perpetrate legal murder. Sir P. O'BRIEN seconded the appeal, because be thought there ought to be a further judicial inquiry__ _ .  Alr:FAwerrr. viewed Fenianism as a fooliah,and, therefore, a wicked conspiracy, but the execution of these men would send a thrill of horror through biro and thousands of others. By yielding to this appeal government would do more than they had hitherto done to earn the good will and gratitude of the Irish people. Sir G. BOWYCR, speaking in the same sense, remarked that the United Kingdom was the only civilised country in the world where the right of appeal in criminal cases was -not absolute. Mr. Serjeant GASELEE thought the country would not be sstiafied unless they had the decision of the judges on the legal point which had been raised. Sir C. O'Loghlen, Mr. Bagwell, and Mr. Rear-1 den addressed the house to the same etii3ct.  Mr. HARDY said this discussion had placed him in a painful position but as he understood the question which Mr. Maguire wished to raise was not the merits of the case, but the legal question, the hon. gentleman wished him to take an illegal course, which he should do if he were to show such a contempt for the judges who tried the case, after they had taken upon themselves the responsibility, as to refer it to another tribunal. Mr. Justice Blackburn had consulted the judges,' and from no single judge had he received an adverse opinion from that which he and Mr. Justice Mellor had formed. Be could not interfere with' the execution of the sentence on that ground. Mr.M.Cassi sass contended that it wasnot illegal to refer the matter to the judges. Formerly it was the practice for the sovereign to take the advice of the twelve judges as to whether mercy should be extended.  Mr. GLAD:mire did not see that the course the Home Secretary was asked to take would be illegal, but he thought the house ought to have the opinion of the Attorney-General. The