a greater sensation. Previously however to his departure, he published an address as the representative for Clare, to the 7 members of the House of Commons, containing an elaborate legal argument on his right to enter that assembly, and to exercise all the privileges of a member, without previously taking those oaths of which the Catholics complain. The extreme length of this address, prevents our insertion of it, but "it was generally acknowledged that it was written with temper and moderation, and that his argument was conducted with the skill and ingenuity of an experienced lawyer..

On the meeting of Parliament, a petition was presented against the return of Mr. O'Connell, and a select committee was appointed to examine the grounds on which his ineligibility to sit were supposed to be founded. The committee met on Wednesday the 5th of March, at the sitting of which, there were comparatively few strangers present, owing probably to a report that the committee were not to sit till 12 o'clock. But soon after that hour, the room was crowded to inconvenience, and continued so throughout the day.

Mr. O'Connell sat at the table along with his counsel. During parts of the day, he sat with his hat on, a privilege allowed only to members.

The counsel for the petitioners were Mr. Harrison, Mr. Adam, and Mr. Doherty, an Irish barrister.

Those for Mr. O'Connell were Mr. F. Pollock, Mr. Alderson, Mr. C. Phillips, and Mr. Lynch of the Chancery bar.

Mr. Walmesley, the clerk of the committee, read the petition against the return of Mr. O'Connell, which set forth that on the hustings he (Mr. O'Connell) said he was "a Roman Catholic, and would so continue till the end of his life;" that "he would never take the oaths," &c. It also detailed the placards-acts of intimidation-commands of "vote for your religion," &c.

Mr. Harrison asked whether it was requisite to read the whole of the petition? All the allegations were abandoned except that as to the eligibility of Mr. O'Connell The ques tion, in fact, reduced itself to a question of law.

The Chairman, after consulting with the committee, & quiesced.

Mr. Harrison then said, that he had made a proposition: the counsel of Mr. O'Connell. He was instructed to suber, that Mr. O'Connell was ineligible to sit as a member, a therefore to be elected. He had, consequently, to urge on the committee to direct the inquiry first to be made, whether O'Connell was eligible? If the question were decided agas him, such decision would close his case, for all depended a that question. He quoted several cases from Douglas's Repers and Election Law, to show that the committee, where the were several points of inquiry, had frequently decided that de material point, whether of law or otherwise, should be first settled. It would materially save the labour of the committee if this course were pursued. The only question he and his friends had to raise was, whether Mr. O'Connell was eligible? If Mr. O'Connell were not eligible, then it remained for him to show that Mr. O'Connell was a Roman Catholic,-that the fact was notorious,—and that the election proceeded on the notoriety of such fact.

Mr. Adam spoke to the like effect, observing, that by the committee coming to such decision, the time would be materially saved.

Mr. F. Pollock, on the part of Mr. O'Connell, complained of being taken somewhat by surprise, and of the want of courtesy in its not having been communicated to him what course would be pursued. His learned friend had chosen to assume that Mr. O'Connell was a Roman Catholic; and on that was to be raised a dry abstract question of law, without any knowledge of the facts on which that barren question was to be raised. There was new law, too, pronounced-that Mr. O'Connell being a Roman Catholic, as was assumed, was ineligible to be elected. But "Roman Catholic" he had read all the acts, and he no where found the words, as to whether a "Roman Catholic" was eligible or ineligible. What was meant by "Roman Catholic ?"

Mr. Harrison.-Well, I will not quarrel about terms; I mean Papist.

Mr. F. Pollock admitted that there were certain barriers to Frotect the representation; and that the committee could decide by what course they would pursue the inquiry; but he implored the committee to allow him to bear the facts to which they intended to apply the alleged law before they were called on to argue an abstract question of law. Let the facts first be stated.

Mr. Alderson followed on the same side. He admitted where there were different points, it was convenient to separate the objects of investigation, and complained of the unfairness of being first, and unexpectedly, required to argue a dry question of law.

Mr. Harrison begged to observe that he had meant no unfairness; that he had pursued the usual course in election cases, and that during twenty-six years' practice before Commons' Election Committees, he had never given the previous notice now complained of as not having been given. He thought it was by far the best course to settle this question first. If he were thrown upon the proof, he would appeal to the notoriety of the fact, and to the repeated declarations of Mr. O'Connell, that he not only was a Roman Catholic or Papist, but that he would ever continue such.

Lord W. Russell desired Mr. Harrison to say, in distinct terms, what was his proposition.

Mr. Harrison.-It is this-that Mr. O'Connell, being a Roman Catholic, or Papist, was ineligible to be elected, to be returned, or to sit.

After

The Committee then desired the room to be cleared. about ten minutes' consultation, the counsel and agents were re-admitted.

Lord W. Russell then said-" As chairman, I am desired to inform you, that the committee are of opinion the counsel for the petition should first proceed to prove the fact."

Mr. Harrison. That is, to prove the whole of my case.

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The Chairman.-Yes, the whole facts of your case

Mr. Harrison then rose for such purpose. He began by observing, that he should have to trespass at great length, by first stating the law of the case, the several statutes passed to exclude Papists from the Houses of Parliament,—namely, 5th Elizabeth, 3d James I., 7th James I., 30th Charles I., and 1st William and Mary. They required the oaths of allegiance and supremacy first to be taken before the Lord Steward, or his deputy, and then in the house, with the Speaker in the chair. That course continued down to the present time. The 1st of William and Mary particularly described the former oaths, the modes of taking them, and again enacted that they should still continue to be taken in such manner, and none other. This was requisite to be enforced by the convention Parliament, because the Dissenters would not take the oath of supremacy any more than the Papists or Roman Catholics; for the one said that Christ was the head of the church, as the Papists declared the Pope to be. The first act of William and Mary was the only act that applied to the case, though others had been referred to-he meant by the gentleman against whom he petitioned. He did not know how to describe that gentleman. He was not the sitting member, because he had not appeared to take his seat; he did not like to call him the "franking" member, as some had termed him: he would therefore style him by a term that was well known and much used in Ireland—the “titular" member for Clare-and that would be equally applicable after Mr. Vesey Fitzgerald should have taken his seat for Clare. (A laugh.) He contended that, next to the laws existing, the constant practice of the law was the strongest proof. No one ever dreamed that unnecessary oaths had been taken, till the titular member for Clare came with his new light; but he maintained that 1 William, c. 8, was the governing statute, and referred to by 1 Geo. I., 6 Geo. III, c. 53, as well as the Act of Union, recognized it. The forms of oaths were there settled, and so continued down the present time. [Mr. Harrison argued these points at

great length, reading the several clauses of the different acts. But it was said that no time was prescribed when the oaths should be taken; this was answered not only by the acts already named, but by the 33 Geo. II. chap. 20. all which prescribed that the several oaths, &c. must be taken "before they can sit and vote." Then, unless the member, whoever he might be, intended not to go into the house-he spoke seriously -unless he desired to continue the "titular" or "franking" member-the member must take the oaths "before" he took the seat, and voted. Unless he read the acts, it would hardly be believed that a barrister who ought to have known better, could have asserted in print, the pamphlets having been most industriously circulated, that "no time" was specified for taking the oaths. The like omissions on broad assertions were made respecting Yelverton's Act, the Union, &c. He contended that the act of Union, 39 and 40 Geo. III. c. 67, said, as regarded peers, that they should take the oaths and make the declaration as then established by law. It abrogated no laws, except where that was specifically done; but on the contrary, enjoined the taking and subscribing of oaths, &c., as previously established. As to the doctrine held to the contrary, it was puerile and absurd. And as to "Roman Catholics" being no where mentioned, as was alleged by Mr. Pollock, the 33d Geo. III. c. 21, was expressly "for the further relief of Papists or Roman Catholics." The learned gentleman then proceeded at some length to show, that by the construction of those acts a Roman Catholic, was ineligible to sit, and, being so ineligible, a person declaring himself to be a Roman Catholic, and that being a matter of notoriety, he was ineligible to be a candidate, or to be returned, and that therefore his election was to all intents and purposes null and void. At the conclusion of his address, the learned gentleman put in the return of the High Sheriff, to which were appended a certificate from the office of the Crown and Hanaper in Ireland, of Mr. O'Connell having been sworn in as a Roman Catholic barrister, also an affidavit of his having declared himself a Catholic.

Mr. F. Pollock objected to those documents being received