MR. MILESappeared at the bar, and reported that the Select Committee appointed to inquire into the petition complaining of an undue return for the county of Clare had come to the following decision;—
That Sir John Forster Fitzgerald and Cornelius O'Brien, esquire, are not duly elected Knights of the Shire to serve in this present Parliament for the County of Clare.That the last Election for the County of Clare is a void Election.And the said Determinations were ordered to be entered in the Journals of this House.House further informed, that the Committee had agreed to the following Resolutions:—
That a system of intimidation was organised at the late Election for the County of Clare, which resulted in a riot at Six-mile Bridge, deterring voters from exercising their franchise.That it appears to the Committee that a mob, professing to be supporters of the Petitioner, created a riot in Kilrush, but that it has not been proved before the Committee that any Elector was prevented thereby from exercising his franchise.1298That, from the evidence produced before the Committee, it appears that at the time when the riot took place at Six-mile Bridge, the Reverend John Burke, Roman Catholic Priest, excited the people, and took part himself in the riot.That the Reverend Michael Clune, Roman Catholic Priest, excited the people to take part in the riot.That there does not appear to have been any general undue interference on the part of the Roman Catholic Clergy at the late Election for the County of Clare.That it appears to the Committee that Sir John Forster Fitzgerald and Cornelius O'Brien, esquire, did not in any way encourage or were cognizant of the riotous proceedings.
§ MR. J. FITZGERALD moved that a new writ should be issued for the county of Clare.
§ MR. MULLINGSsaid, he wished to inquire whether seven days' notice of this Motion ought not to be given?
MR. MILESsaid, that the feeling of the Committee was that there was no reason why the writ should not issue; but at the same time he thought it might be better that the House should have time to be put in possession of the evidence collected by the Committee before it should issue.
§ MR. FITZSTEPHEN FRENCHsaid, he thought some fixed rule should be laid down with regard to the issuing of writs in cases of this kind.
§ MR. WARNERsaid, as a Member of the Select Committee, he concurred in the view expressed by the Chairman (Mr. Miles) that in such an extraordinary case it was desirable that the House should have an opportunity of reading the evidence before issuing the writ.
§ MR. BOUVERIEsaid, it was a matter of constitutional right that the writ should issue unless there was some Resolution of that House to the contrary. If bribery had been proved, seven days' notice must be given before the writ could issue; but nothing of that kind was alleged here.
§ MR. SPEAKERread the Order of the House, which provided that where any seat had been rendered void by reason of bribery or treating, no Motion for the issuing of a new writ could be made unless seven days' previous notice had been given. Neither bribery nor treating had been proved in this instance.
MR. J. FITZGERALDsaid, he thought it desirable that the Clare election should take place before the county assizes, which were to be held towards the close of the present month. If the election and the assizes came together, there might be the danger of a collision.