"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 and imprisonment complained of. I am further of opinion that, even supposing the House to possess such authority, still the informality of the proceedings in the present case has been such as to vitiate them ab initio, and to render null and void everything that has been done under the colour of such authority."
Mr. Anstey further maintained that the Speaker's Warrant, under which Smith O'Brien was arrested, was informal and invalid, that the House had no general authority of commitment for non-attendance on "calls"—that such authority for not attending select committees was never claimed until the previous session; that "the Committee to which Railway Group No. 11 had been referred" was unduly appointed under the Standing Orders, and that Mr. O'Brien had his right of action against the Speaker and the Sergeant-at-Arms.
(NOTE C.)—TREASURY MINUTE, dated August 31st, 1846.
My Lords have before them the Act 10 Vict., cap. 107,—"To facilitate the employment of the labouring poor for a limited period in distressed districts in Ireland," and proceed to consider the revised instructions which the provisions of this Act and the experience which has been acquired from the operations for the relief of the people suffering from the failure of the potato crop in Ireland, since the month of November last, render it desirable should be issued to the Board of Works, and to Commissary-General Sir R. Routh, who is in charge of the duties lately executed by the Relief Commission.
"No authority can, from the present date, be given for the execution of any new works under the 9th Vict., cap. 1; and such works as may hereafter be required for the relief of distress must be presented and sanctioned according to the provisions of the 10th Vict., cap. 107."
The Board of Works were instructed by the Treasury Minute, dated the 21st ultimo, to bring to an early close all the works under the 9th Vict., cap. 2, which were not required for the relief of urgent distress; and the Board were informed, that if the parties interested desired that works so discontinued should afterwards be recommenced and completed, it was open to them to take the usual steps to provide for that object, either by obtaining loans secured by grand jury presentment, or by other means.
Their Lordships desire that the Board of Works will report to what extent works have been discontinued under these instructions, on the ground of their not being really required for the purpose of giving relief, and that it may be understood, in accordance with the passage above adverted to in the Minute of the 21st July, that if it should become necessary to recommence any such works, the renewal of them must be provided for either in the manner above referred to, or under the 10th Vict., cap. 107.
With a view to give every practicable assistance to the presentment sessions, the Board of Works should be prepared with plans and estimates of those works in each district in which relief is likely to be required, on which the destitute poor might with the greatest public advantage be employed; and an officer of the Board should be in attendance at the sessions, to furnish every explanation that may be called for.
In order to prevent labourers from being induced to leave their proper employments and to congregate on the relief works, in the hope of getting regularly paid money wages in return for a smaller quantum of work than they have been accustomed to give, the following rules ought, in their Lordships' opinion, to be strictly observed:—