§ On the motion of Mr. Bankes, the order of the House for the attendance of Mr. Walsh this day was read.
§ The Speakerdirected a messenger to be called in to prove that the order of the House had been served on Mr. Walsh.
Mr. Skeltonthe messenger was then examined. He stated the order to have been served by him on Mr. Walsh, upon Friday at two o'clock.
§ The Speakersaid the Serjeant was informed a medical gentleman was then in waiting to prove that Mr. Walsh was incapable of attending in his place from indisposition. Was it the pleasure of the House that he should be called in? The House assented. Mr. Cornwell Reynolds was then called in, and examined. In answer to the questions put to him, he stated himself to be acquainted with Mr. Walsh. He had been called upon to attend him on Saturday last. He had been in the habit of attending Mr. Walsh some years ago, but not latterly, till he was called upon to attend him on Saturday. He had last seen Mr. Walsh about two 1089 hours ago. He was incapable of attending the House, from the state of his mind, rather than from bodily indisposition. He thought there was reason to hope that Mr. Walsh would be able to attend within a little time. At present he laboured under mental derangement. Some few years ago, he had seen Mr. Walsh, at which time he appeared to be mentally deranged. According to his judgment, it was probable that in about a fortnight Mr. Walsh would be able to attend in his place, sound in body and mind. He could not positively say whether or not the apprehension arising from an order to attend that House would again reduce him to the state in which he was at present. Mr. Walsh had been very much affected by the apprehensions raised by the order to attend in his place, which bad been served on him. When speaking on the subject, he was so much agitated, that he could only speak in an incoherent manner, and was frequently unable to give utterance to what he wished to say. He had not been called on to attend Mr. Walsh previous to the trial, nor had he seen him about that time. He had not seen Mr. Walsh since the trial, till Saturday last, when he attended him in consequence of a letter which he had received. That letter, he believed, was still in his possession, and he had no objection to produce it, if it was the wish of the House.—The Witness was here ordered to withdraw, but told not to leave the House.
§ The Speakerhad now to inform the House, that he had received a farther letter from Mr. Walsh, in which that gentleman, though he intimated that he should not attend in his place, expressed a wish that the proceedings before the House, in his case, might not be delayed on that account; but at the same time stated it to be his hope that the evidence of his medical attendant would remove every objection to his former letters to him (the Speaker), being read to the House.
Mr. Bankesthought it would not be regular to put on their Journals that palliation or defence which it was obviously the wish of Mr. Walsh to get thereon inserted, through their being read by the Speaker. He was not a little embarrassed how to act. It appeared that till Saturday last Mr. Walsh had called in no medical attendance. On Friday last he had been served with an order front the House to at- 1090 tend in his place on Monday. He had previously been ordered to attend on Thursday, but it was not till Saturday, after hearing that it would not be regular to read the letters he had sent to the Speaker, as no incapacity to attend from bodily indisposition, was there set forth, that he called in a medical gentleman. Till then it should appear that it had never entered his mind, to make indisposition a plea for his non-attendance. It appeared he was only-anxious to get his letters read, that they might be placed on the Journals, and therefore to their being read, he for one should object. To do so would, he thought, under such circumstances, be inconsistent with the order they had made, and with the regular course of their proceedings. It remained for the House to consider what should be done. He was ready to proceed with the motion of which he had given notice, if it met the approbation of the House; but if it was thought that there would be any hardship in deciding on the case of a member who was absent, and who might yet come down to the House and reply to the charge made against him he would be the last man to oppose its being postponed. He, however, could not but suppose from the communications which he had made to the Speaker, that Mr. Walsh had no intention of appearing to the charge. Whatever might be urged in defence, or rather in palliation of what he had done, the fact of his having committed the offence with which he was charged, was admitted under his own band, and therefore could not be shaken. This being the state of the case, he did not know that it would be improper to proceed. He wished to pause to hear the sentiments of some other member, and to have time to consider what step it might be best to take. He did not wish to do any thing that might make the case of Mr. Walsh a case of hardship: but as he thought the infamous conduct of one member, in some sort, threw a disgrace on the whole body, it appeared necessary to lose as little time as might be in proceeding against a person in the situation of Mr. Walsh. On this ground he had taken up the subject, and on this ground it was his determination to pursue it. He wished to hear the sentiments of other gentlemen, but for himself he thought the letters of Mr. Walsh ought not to be put on the Journals, and that it was desirable to avoid delay in the case of a member against whom so serious a charge was to be made.
The Chancellor of the Exchequerwas of opinion, that from the representation which had been made before them of the state of Mr. Walsh, whatever they might suppose to be his intention, whether they supposed he would, or would not appear, a case was made out which ought to stop their proceedings for the present. From the evidence given before them by the gentleman they had examined at their bar, it appeared that in a fortnight Mr. Walsh might attend in his place. He thought that the House was placed in that situation that they could not proceed immediately. When a member was ordered to attend in his place, and was unable to do so from ill health, they ought not to decide on his case till he was able to come down to the House. This he suggested, not to favour the individual, but for the sake of the general principle. He thought they must feel, that whatever might be the sentiments of that House, with respect to the offence of Mr. Walsh, whatever reason they might have to think that be would not attend, or that, attending, his defence could not be satisfactory, still it was their duty to guard themselves and posterity against a member's being called upon to attend when unable to do so, and condemned in his absence without a proper opportunity being afforded to him of meeting the charge to be preferred against him. Under all the circumstances of the case, it might probably be best to move the adjournment of the subject over the time which had been mentioned, as that within which it was probable Mr. Walsh would be able to attend in his place. He did not intend making a motion to that effect; but the hon. gentleman had wished to hear the sentiments of some one on the subject, and he had therefore thought proper to offer his.
Mr. Bankes, adopting the suggestion of the right hon. gentleman; then moved to adjourn the consideration of the case of Mr. Walsh to Tuesday fortnight.
Mr. C. W. Wynnconcurred with the right hon. gentleman in what he bad advanced with respect to the necessity of giving the person against whom a charge was to be made, a proper opportunity of meeting it.
Sir F. Burdettmade some observations on the conduct of an hon. member, whose case had been before the House last session (Mr. Mansell Phillips), and against whom proceedings were stopped, inconsequence of some arrangements having been 1092 made, the conditions of which he (Sir F.) understood the hon. member had not fulfilled.
Mr. Lockhartsaid, that when he saw the hon. member alluded to on the subject, he had promised to appear and to plead, which was all that the Petition desired. He had appeared, and had pleaded, and having done so, he (Mr. L.) had not thought it his business to look to the conduct of that hon. gentleman any farther.
§ The question was then put and carried, and Mr. Walsh was ordered to attend on Tuesday fortnight.