§ MR. J. O'CONNELL moved that the Select Committee on Mortmain do consist of eighteen Members, and that Mr. Mon- 1062 sell, Mr. Napier, and Mr. Keogh be added to the Committee.
MR. HEADLAMsaid, that the Committee on Mortmain was not intended by him to be directed against any religion. He thought a Roman Catholic Member ought to be on it, and he had nominated the Earl of Arundel and Surrey. There was a general rule of the House this Session that Committees should only consist of fifteen Members. He had not the slightest personal objection to extend the Committee by the appointment of the three distinguished Gentlemen who had been named.
§ SIR GEORGE GREYsaid, the House had made a rule that Select Committees should only consist of fifteen Members, in order that the business might be more effectually done. Great convenience was found to to arise from the working of the rule, and it had been adhered to, unless where special circumstances rendered it advisable to depart from it. Now, in the present case he saw no special circumstances demanding a departure from the rule. He would therefore oppose the Motion.
The EARL OF ARUNDEL AND SURREYsaid, that there were special circumstances which did require another Roman Catholic Member or two upon the Committee. He, since he had been appointed, but had not been able to attend the Committee once, in consequence of his labours upon a Railway Committee. It was very necessary that a Roman Catholic should be on the Committee, as the law of Mortmain was very much connected with the Roman Catholic religion. Moreover, the law of Mortmain in England was different from that of Ireland, which was an additional reason in favour of the proposition of the hon. Member for Limerick City (Mr. J. O'Connell). He trusted that the hon. Gentleman the Member for Newcastle-upon-Tyne (Mr. Headlam) would not object to the Motion.
§ MR. J. O'CONNELLsaid, that as the hon. and learned Member for Youghal (Mr. C. Anstey) had expressed opinions extremely adverse to the Roman Catholic party, he was not considered as representing their interest in the Committee. He (Mr. J. O'Connell) proposed two legal gentlemen on account of the difference in the law on this subject between the two countries. One was a Roman Catholic, 1063 and the other a Protestant, and the third was a member to whom no one could object. He hoped that a mere formality, under the very special circumstances of the case, would not interfere with justice.
§ LORD JOHN RUSSELLhad no objection to insert the name of Mr. Keogh instead of that of the Earl of Arundel and Surrey.
§ MR. G. A. HAMILTONsaid that, before the Committee was appointed, his learned Colleague (Mr. Napier) was consulted upon it, and he left the House under the impression that he was to have been nominated upon it. Certainly, it would be most desirable that an Irish legal Gentleman should he a Member of the Committee.
§ MR. KEOGHwould prefer not serving upon the Committee, and that Mr. Napier and Mr. Monsell should be appointed. As to the hon. and learned Member for Yougbal, he was not an Irish, he was an English barrister. He would be very glad to see Mr. Napier nominated. There were some cavalry officers upon a Committee appointed to inquire into the law of Mortmain. Now, he thought the hon. and learned Member for the University of Dublin (Mr. Napier) would have been a more eligible person than cavalry officers
§ Motion made, and Question put, "That the Select Committee on Mortmain do consist of eighteen Members."
§ The House divided:—Ayes 38, Noes 94: Majority 56.