§ Report (this day) from Select Committee on the Southampton Election Petition read, as follows:—
§ MR. HENRY ARTHUR HERBERTreported from the Select Committee appointed to try and determine the matter of the Petition of William Henry Mackey, complaining of an undue Election for the Borough and County of the Town of Southampton, that Robert Edmund Bower had misbehaved, in refusing to give evidence, before the Committee; and that he, the Chairman, had by direction of the Committee, by warrant under his hand, committed the said Robert Edmund Bower to the custody of the Serjeant at Arms, to await the pleasure of the House.
§ MR. H. HERBERT, the Chairman of the Committee, said, that he wished to draw the attention of the House to the facts stated in the Report. Robert Edmund Bower had been tendered by the petitioners as a witness to give evidence before the Committee. Upon the Testament toeing handed to him, he stated that he had conscientious objections to taking an oath. He had then been asked whether he belonged to the sect of the Quakers, Moravians, or Separatists. He replied that he was a Separatist; upon which the form of declaration prescribed by Act of Parliament for that sect was commenced to be read by the clerk of the Committee. When coming to the words, "I do solemnly declare that I belong to the sect called Separatists," the man demurred, stating that in saying he was a Separatist he had meant that he had separated himself from other religious persuasions, but that he did not belong to any particular sect called "Separatists;" and he still 1358 peremptorily refused to be sworn. The Committee, under these circumstances, believed that, strictly speaking, it would be their duty to exercise the powers which belonged to them under the 83rd section of the Act of the 11 & 12 Vict., of com-mitting the man to the custody of the Serjeant at Arms. The Committee, however, felt great reluctance to exercise these powers, as they were unwilling that a man should suffer in any way for obeying a conscientious scruple; accordingly they adjourned, for the double purpose of giving the man time to consider what course he would adopt, and also of inquiring what course it would be proper for them to pursue. But after taking the advice of those Members of the House who were most competent to give an opinion on the subject, it appeared that if the man persisted in this course, the Committee had no option but to exercise the powers given them by the Act. Accordingly that morning the man had been called before them, when he (Mr. Herbert) explained to him the consequences of refusing to take the oath, and again the Separatist declaration was tendered to him, but he again refused to take it. Counsel stated that the man's evidence was material for the inquiry, and the Committee, under these circumstances, thought that they had no alternative but to commit the man, and to report to the House what had taken place. The Committee now awaited the decision of the House. He begged to move that Robert Edmund Bower should for the said offence stand committed to the custody of the Serjeant at Arms, and that Mr. Speaker issue his warrant accordingly.
MR. HUMEsaid, he would not at present oppose the Motion, but he should probably move that the man be brought to the bar, and asked his reason for refusing to take the oath on the Separatist declaration.
Resolved—"That the said Robert Edmund Bower do, for his said offence, stand committed to the custody of the Serjeant at Arms attending this House.Ordered—"That the Serjeant at Arms attending this House do bring the said Robert Edmund Bower, from time to time, to the Select Committee appointed to try the Southampton Election Petition, as often as may be required by the said Committee:—And that Mr. Speaker do issue his Warrants accordingly.