HC Deb 21 May 1846 vol 86 cc966-7
MR. SPEAKER

I have to acquaint the House that I have received the following communication from Mr. S. O'Brien:—

"Prison, House of Commons, May 21, 1846.

"Sir—I take the liberty to call your attention to the following correspondence between the Clerk of the House of Commons and myself:—

"'Prison, House of Commons, May 20,1846.

"'Dear Sir—I beg to call your attention to Standing Order No. 4, page 13, and shall feel obliged if you will inform me where I can find the appointment of a Committee of Selection pursuant to that Order, as I have in vain searched for it in the Votes of the House of Commons.

"'It being my intention to cause the attention of the House of Commons to be directed to this Correspondence To-morrow, may I request that you will send me an immediate and official reply.—I have the honour to be, your obedient faithful servant, "'WILLIAM S. O'BRIEN.

"'To John Henry Ley, Esq., Clerk of the House of Commons.'

"To this note I received the following answer:—

"'May 20, 1846.

"'Dear Sir—In answer to your note, delivered to me by Mr. Mahony, I consider it will be sufficient for me to say that the Committee of Selection is appointed and named by the Standing Order No. 4, and that it was not considered necessary at the beginning of this Session to read that Order, as has sometimes been done, and for the House to make an Order that the Committee of Selection be appointed accordingly. You will, therefore, not find any entry in the Votes.—Your obedient faithful servant,

"'JOHN HENRY LEY.'

"Mr. Ley's letter confirms my conviction that the Committee of Selection was not appointed for the present Session in due conformity to Standing Order No. 4, which is worded as follows:—

"'That a Committee be appointed at the commencement of every Session, consisting of the Chairman of the Select Committee on Standing Orders, and of the Chairmen of the Committee and of the Sub-Committees on Petitions for Private Bills, of whom Three shall be a Quorum. And such Committee shall be denominated the Committee of Selection.'

"It is manifest from Mr. Ley's Letter that there is no Evidence in the authentic Records of the House of Commons that Mr. Estcourt and the other gentlemen who have acted as a 'Committee of Selection,' have received due authority from the House to act in that capacity during the present Session.

"Under these circumstances, all the proceedings which have led to my imprisonment, have been void and informal ab initio. I, therefore, respectfully claim my immediate discharge.

"I cannot conclude this Letter without recording my solemn Protest against the conduct of the House of Commons, in having subjected me to Imprisonment. Even if the Committee of Selection had been duly nominated, I should still deny that I have violated any Law of the Land, and should therefore regard my Imprisonment as contrary to the Law and Constitution of these Realms.

"As I do not desire to throw upon you the responsibility of expressing my opinion upon this case, except under the sanction of the House of Commons, I do not expect an answer to this letter, but respectfully request that you will do me the favour to lay it before the House of Commons today, at five o'clock, and to invite the opinion of the House upon it.—I have the honour to be, your obedient faithful servant,

"WILLIAM S. O'BRIES.

"To the Right Hon. the Speaker," &c.

MR. O'CONNELL

I hope I shall be permitted to move that this correspondence be printed, circulated with the Votes, and taken into consideration to-morrow.

Ordered accordingly.

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