the chairman of the Committee of Selection; he would
withdraw nothing he had written on the subject, and
with this observation he bowed to the Speaker and left
the House. Mr. Estcourt, as chairman of the Committee
on which Mr. O’Brien was appointed to serve,
then rose and said it was his painful duty to give
a narrative of facts that would explain the matter
as far as he was concerned in it. He called attention
to the resolutions of the House passed in February,
compelling the attendance of members on Committees.
Mr. O’Brien, he said, had received notice on
the 3rd of April, that his attendance would be required
on the 27th, in reply to which he wrote to him (Mr.
Estcourt), enclosing a letter which he (Mr. O’Brien)
had written the year before, to the effect, that he
would not serve upon any Committee for the consideration
of private Bills not having reference to Ireland.
His words were: “Desiring that none but
the representatives of the Irish nation should legislate
for Ireland, we have no wish to intermeddle with the
affairs of England or Scotland, except so far as they
may be connected with the interests of Ireland, or
with the general policy of the empire.”
Having read the above, Mr. Estcourt drew special attention
to the next passage: “In obedience to this
principle, I have abstained from voting on English
or Scotch questions of a local nature; and the same
motive now induces me to decline attendance on Committees
on any private Bills, except such as relate to Ireland.”
The answer, Mr. Estcourt said, he had given to this
communication was, that the Committee could not recognise
such an excuse; he reminded Mr. O’Brien of the
resolutions of the 12th of February, but offered to
consult for his convenience, inasmuch as important
Irish business was before the House, by postponing,
if possible, his attendance to a later period; but
that unless he had heard from him (Mr. O’Brien),
assenting to this, he must abide the coming vote of
the House on Wednesday. Mr. O’Brien did
reply, telling Mr. Estcourt that his former communication
contained his final determination; adding, that the
matter was not one of private convenience but of public
principle.
This statement Mr. Estcourt followed up by a motion,
“That William Smith O’Brien, Esq., having
disobeyed the order of the House, by refusing to attend
the Committee to which the railway group eleven has
been referred, has been guilty of a contempt of this
House.”
On this resolution having been put, O’Connell
rose and asked the House to pause before it passed
it. In the first place, he said, the House should
consider, how far the Act of Union with Ireland gave
the power to the members of that House, to enforce
the process of contempt and committal against the
representatives of Ireland; there was no common law
jurisdiction for it, and before 1800 there could be
no jurisdiction at all, for both that House and the
Parliament of Great Britain disclaimed, in 1783, any
species of interference with the representatives of