§ LORD DUDLEY STUARTsaid, he had put a question on the paper relating to the vexed question of the appointment of Mr. Stonor, and in putting that question he would move the adjournment of the House. Mr. Stonor had been appointed to a judicial situation in Victoria, but in consequence of certain proceedings in that House a short time since, the appointment had been cancelled. Mr. Stonor was charged with having been guilty of bribery at an election for the borough of Sligo, but he had sent in with his testimonials to the Government a printed paper containing his refutation of that accusation, and he accepted the office under the full impression that the Govern- 335 ment were cognisant of the charge and were dissatisfied with the finding of the Committee reporting him guilty. It should be recollected that Mr. Stonor had surrendered his position in this country, which was one of profit and respectability, and he was recommended to the Government by persons whose recommendations carried the highest authority with them. Amongst them were Lord Denman, Lord Chief Justice Campbell, and Vice-Chancellor Stuart. Mr. Stonor had been put to the expense of upwards of 1,000l. in preparing for his removal to the colony, no outfit having been granted to him. He was now on his way to the colony, and if he were recalled he must be ruined, as well as those dependent on him. He (Lord D. Stuart) was the last man to wish to pass lightly over an imputation of bribery. On the contrary, he was of opinion that all persons reported by an Election Committee to be guilty of bribery ought to be prosecuted by the Attorney General. He had given a notice to that effect last Session; but it was very difficult for a private Member to get an opportunity of making a Motion, and the business of the House did not permit him to proceed. If that Motion had been made and carried, Mr. Stonor could be prosecuted, and, being prosecuted, it would be judicially proved whether he was guilty or not. There was a Motion on the paper for a Committee on the subject; and, as the despatch cancelling the appointment would leave the country in a few hours, he would close his observations with the question of which he had given notice, namely, would not the Government think it better not to send out such despatch cancelling the appointment until after the result of the Motion for the Committee?
§ LORD JOHN RUSSELLsaid, the noble Lord had commenced by saying he would make a Motion the effect of which must be to set aside the Order of that House that on that day Orders of the Day should take precedence of Motions; for if any Member could give notice of a question, and then make a Motion for the adjournment of the House, the Order would be of no effect. He was very glad that the noble Lord had contented himself with one irregularity, for certainly, if it were not supposed that he was going to end with a Motion, he would have received an interruption from the Chair in the course of his speech. He hoped the noble Lord would not repeat the course he had now taken. On the case which the noble Lord had brought before 336 the House, there was a notice for a Committee; to that Motion the Government were quite ready to accede, so that all the circumstances relating to Mr. Stonor's recommendation to office might be known. That recommendation was made by an oversight on the part of an hon. Friend of his, who was not aware of the Report of the Election Committee with respect to Mr. Stonor; and though that gentleman's case might be thought one of very great hardship, he trusted that neither the intended Committee nor the House would say, after the decision of the tribunal appointed under Act of Parliament, that it was proper for Mr. Stoner to fill the judicial situation for which he was recommended. But the fact was that Mr. Stonor's appointment was not made here, but must be made in Victoria. What the Secretary of State did was to recommend that Mr. Stonor should be appointed in the colony to he a judge of that colony; and what he had stated was, not that he would cancel the appointment which he had nut made, but that, when the appointment had been made in the colony, and came home for confirmation, he would not be able to confirm it. He (Lord J. Russell) could not but think that that was the proper course to be pursued, and he hoped it would be persevered in. He must, however, confess, that it would be a hardship on Mr. Stonor that, after having brought all the circumstances of the case fairly before the Government, his future prospects should be destroyed by a mistake such as that which had been committed in this instance. That was the only answer he could give to his noble Friend; but he hoped that, on Thursday next, a Committee would be appointed, by whom all the circumstances of the case could be investigated.