e
Sergeant-at-Arms. Mr. Ward moved the postponement of the motion to
Thursday, the 30th of April; the Premier agreed, and it was accordingly
postponed. Smith O'Brien, remaining fixed in his determination, was on
that day taken into custody by Sir Wm. Gossett, the Sergeant-at-Arms,
and lodged in prison. After being twenty-five days there, Mr. Frederick
Shaw made a motion for his release, without, he said, having consulted
him, and in fact believing such motion to be contrary to his wishes. It
was made on the ground that he had been sufficiently punished by
twenty-five days' imprisonment. It was carried _nem con_, that he be
released, "on paying his fees."

Although several of the leading Irish Liberal members sustained Smith
O'Brien on this occasion, they did not approve of his persisting in his
refusal to serve on the Committee, as there was no principle vindicated
by his persistence or his imprisonment; his first refusal and the
discussion upon it having effected all that could be usefully done in
the case.

Whilst Smith O'Brien was yet in prison, the following case was submitted
to Mr. Anstey on his behalf:

"1. Whether there is any, and what inherent power or privilege in the
House of Commons to imprison its members for constructive contempt of
its authority?

"2. Whether there is any and what prescriptive power or privilege in
said House to imprison its members for such contempt?

"3. Whether the refusal to serve on the Committee in question can be
construed into a contempt of the authority of the house?

"4. Whether, assuming the commitment or detainer to have been unlawful,
Mr. Smith O'Brien has any and what legal remedy, and against whom?

"5. Whether the House of Commons has any, and what right, to insist on
his paying into the fee fund of the House any, and what fees--either by
way of preliminary condition to his discharge out of the custody of the
Sergeant-at-Arms or otherwise?"

Mr. Anstey's opinion was in the following terms:

"I am of opinion that the commitment and imprisonment of Mr. Smith
O'Brien, by order of the House of Commons for the constructive contempt
set forth in the vote and proceedings of the House, and the other papers
which have been laid before me, are, _in every respect, illegal_. The
House, in my opinion, has no power to enforce its orders by any such
penalty, except under the authority of the statute or common law, and no
such authority can be shown to justify the commitment a