COLONEL SMYTHEsaid, he wished to ask the hon. Gentleman the Member for Finsbury (Mr. T. Duncombe), Whether it is his intention to proceed to-morrow (Friday) with the Motion of which he has given notice, relating to the Boroughs of Gloucester and Wakefield?
§ MR. T. DUNCOMBEsaid, his answer to the hon. and gallant Gentleman would depend upon the answer he should receive to the questions that he was about to put to Mr. Speaker. When he made his Motion he was under the impression that it was a question of privilege, and as such he should have precedence, and he intended to have brought forward his Motion on the resumption of the House at six o'clock. He now wished to know from Mr. Speaker whether he was entitled to take that course? He understood that an objection would be raised to his doing so, that a Resolution that had been agreed to by the House had annulled the Privilege portion of the question, and that, therefore, he must take it as a regular Motion in the course of the evening. Of course to bring on a constitutional question of the nature after twelve o'clock would be an apt of folly, and if Mr. Speaker decided against him, his answer to the lion, and gallant Gentleman was that he (Mr. T. Duncombe) must seek some other opportunity.
§ MR. SPEAKERSince 1848 it has been the settled practice of the House that, where a seat has been declared void on the ground of bribery and corruption, no Motion should he made for a New Writ without previous notice, and it has been held that a Motion for a New Writ under these circumstances is not entitled to precedence on the ground of Privilege. The very essence of Privilege is that a Motion may be made without notice. This, however, has been the practice of the House for many years, and has been acted on in the case of Berwick-on-Tweed, Eye, Maidstone, Chatham, Harwich, and Durham, in the years 1853, and in 1857 in the case of Galway and Mayo. I must, therefore, adhere to the established practice of the House; and must state that the hon. Member cannot claim the Privilege of precedence in. making his Motion, The Motion must be made, as has been done in former cases, by notice, and then taken in its due course,