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dle 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 Ireland. The jurisdiction, then, of this House could
not stand on common law, nor upon the Act of Union, because that Act
gave no jurisdiction. In the second place, as to the Committee of
Selection, the question was, by the law and usage of Parliament, could
they delegate to a committee the power to make regulations punishable by
"Contempt," by placing the party in custody, whereas the House had not
the jurisdiction by common law to compel the attendance of members. He
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