§ LORD MONTEAGLEmoved the Order of the Day for the attendance of William 453 Chadwick, Chairman, and John Marriner, late Secretary, of the North Wales Railway Company, at the bar of the House. The noble Lord stated at length the circumstances of the case, contending that the persons in question had grossly misapplied the funds entrusted to them; that they had eluded the orders of the House; and that they had been guilty of fraud upon Parliament. He asked, therefore, whether their Lordships thought that such a case ought to be passed over in silence?
The Yeoman Usher having informed their Lordships that they were in attendance, the noble Lord moved that they be called in.
LORD CAMPBELLobserved, that what the parties had to answer for at the bar was simply their having refused to obey the orders of the House.
§ The Motion having been put and carried, they were called in, and being asked by the LORD CHANCELLOR what they had to offer in explanation of their conduct in not having produced certain accounts ordered by this House on the 3rd and 25th August last.
§ MR. Chadwick replied, that had he received any notice to that effect, nothing would have prevented him from attending to the orders of their Lordships. But the evidence given before their Lordships had been misapprehended. He denied that he had ever received a summons, or that there had been any difficulty interposed to serving him with a summons.
§ MR. Marriner said, that he had done everything in his power to conform with the orders of the House. He had laid the orders of the House before the board of directors, but had failed in procuring the information required by their Lordships. He then repeated the statement he had formerly made at the bar, as to the steps which he took to procure the accounts demanded by their Lordships.
§ They were then ordered to withdraw.
§ LORD MONTEAGLEbegged to observe, that the explanation which had been offered to their Lordships by Mr. Chadwick, amounted merely to this—that be controverted the statement made on oath at the bar of their Lordships' House by one of their own officers. The explanation had reference to the service of notice, but their present proceedings related to the non-performance of their Lordships' orders in not producing certain documents, though they had the admission of the parties themselves that they had received 454 those orders. He would not say that this attempt at explanation aggravated the offence, but unquestionably it could not remove from the minds of any one of their Lordships the conclusion to which they must come, that there was a deliberate intention to disobey their Lordships' orders, and that the moment the parties had freed themselves from the power of Parliament, as they falsely considered, they proceeded to do an illegal act. Nothing was further from his intention than to mix up the case of the misconduct of those parties and a breach of privilege, except so far as the conduct of those parties was necessary to explain the motive with which the breach of privilege took place. It was due to the public at large, that that House, holding its privileges in trust for the people, should not allow those privileges to be trifled with; above all, when the object was to defeat the general law of the land. In conclusion he begged to move—
That William Chadwick, having been guilty of a contempt of this House in not obeying the orders of this House of the 3rd of August and the 25th of August last, be for his said offence committed to the custody of the Gentleman Usher of the Black Rod until the further order of this House.
§ On Question, agreed to, and ordered accordingly.
§ LORD MONTEAGLEthen moved to resolve—
That John Marriner, having been guilty of a contempt of this House in not obeying the orders of this House of the 3rd of August and 25th of August last, be for his said offence committed to the custody of the Gentleman Usher of the Black Rod until the further order of this House.
§ On Question, agreed to, and ordered accordingly.