VICTORIA.

Hawke's Bay Times, Volume 13, Issue 684, 21 May 1869, Page 3

VICTORIA.

BRIBERY'AND CORRUPTION..;

COMMITTAL.-OF MESSRS .GLASS -AND •QUARTERMAN. ■;;•;■•-

(Prom the Melbourne Herald, 29th April.) ■', The High Court of Parliament 9at yesterday, in iis judicial capacity,* to deal with Messrs Glass & Quarterman. As they had been found guilty the previous day by the resolution of the House, and a warrant issued, the only question to be determined upon was the amount of punishment to be inflicted ; and upon this great difference of opinion existed both in the House and out of doors. All the rumors about Mr Glass intending to cross the Murray and seek the friendly shelter of Eiverina, and that Mr Quarterman would accompany him, were set at rest by the announcement, as soon as the speaker took the chair, that both the persons against whom a warrant had been issued were in custody. The Government benches were well filled, but most of the opposition members stayed away, neither Mr Fellows, Mr M'Donnell. nor Mr Aspinwall, besides others of iesser note, being present at the proceedings. The strangers', Speaker's and Council galleries were crowded, and the most lively interest was taken during the proceedings, not only by those who were fortunate enough to get inside the chamber, but also by the little knots of persons who took up their position in the Parliamentyard. On Mr Glass being brought up to the bar, he read in a very faltering and hesitating voice the following statement —'Mr Speaker, during the course of this investigation I have come to the conclusion that I have been guilty • f a breach of Parliamentary privilege in subscribing and paying money to enable members of the Assembly to retain their seats. I knew it was the practice of all political parties to puy occasionally the election expenses of candidates favorable to their own views, and although no politician myself, I have often contributed with others to secure the election of members whom I had reason to suppose would assist in passing just laws for the protection of the large pastoral and landed interests which I have in the colony. Having thus been instrumental in securing many good and worthy men to seats in the House, it did not seem wrong to aid such as I knew to be in straightened circumstances with small sums of money to retain their places, but lemphatically declare that I never subscribed one shilling to corrupt or bribe any member, or to influence his vote contrary to his honest conviction. Acknowledging, therefore, as I now do, that I have done that which was wrong, and making humble apology to the House for the breach of its priviliges, which I have committed, I must only leave the case in your hands, and trust that under the circumstances, my unintentional wrong-doing will be leniently dealt with." Mr Glass then retired, and Mr Quarterman was brought up. On being informed by the Speaker of the decision of the House, he asked leave to be allowed to appear by counsel. He had previously sent in a petition to the same effect. A long debate ensued on a motion made by Mr Hanna, that the request of Mr Quarterman be acceded to, Mr Macgregor quoting a precedent which occurred in 1605, when a justice of the peace who had committed the servant of a member of Parliament for taking part in a riot, was brought before the bar, Mr Higinbotham pointed out the practice of Parliament clearly was that members charged with offences were heard in their bnt that persons not members were only heard in mitigation of puuishment, and not by counsel. The House could not allow its solemn and deliberate decision to be re-opened or Mr Quartermau's counsel to inveigh against it. Eventually the motion was so amended that counsel was only to be heard in mitigation of punishment, and it was arranged that until eight o'clock should be given to Mr Quarterman, in order that his counsel might prepare his defence. At eight o'clock Mr Quarterman appeared at the bar, explained that he had not been able to obtain the assistance of the learned counsel whose aid he .had sought, and submitted himself to the favorable consideration of

the House. When Mr Quarterman had retired, the Chief Secretary, in a temperate speech, "moved that Hugh Glass and John Quarterman, having teen guilty of contempt and breach of the privileges of this House, be for the said offence, committed to her Majesty's jail at Melbourne, and that Mr Speaker do issue his warrant accordingly. Mr Duffy said the two gentlemen whose punishment was now to be discussed weie the embodiment of the spirit of that party which for twenty years had prevented the settlement of the land question. The objects of the association of which they were the ruling spirits was to lengthen the squatting tenure. All the persons whose elections they had assisted were agreed on that point. Mr Dufiy then denounced the pastoral tenants as having caused the failure of his land bill, and as having evaded the present. Mr Vale depreciated the adroit selflaudation of the hon. member who had preceded him. Mr Macgregor doubted the power of the House to commit Mr Glass and Mr Quarterman to the common jail. If they were to exceed their powers they might find that the prisoners escaped punishment altogether. He suggested, therefore, that they should be committed to the custody of the sergeaut-at-arms, and for a certain time.

Mr Higinbotham trusted that the House would inflict real and substantial punishment upon Glass and Quarterman, and that their imprisonment would be accompanied by all those penal and other circumstances which usually attach to the punishment inflicted upon grave and serious crimes. There was no doubt of the power of the House, and he did not suppose any inferior court was likely, to interfere with it. They had a rare and felicitous opportunity of showingthat,in their opinion, the briber was as bad as the bribed. Mr G. P. Smith quoted precedents to show that the House had the power to commit to the common jail, which stood in a position precisely analogous to Newgate. Mr Francis dissented from the proposition for committing the defendants to the common jail, although be thought that committal to the custody of the ser-geant-at-arms was not quite sufficient punishment. The punishment of expulsion was very different to confine* went in the common jail, for the members expelled were free to go whithersoever they wished, and might even be returned to Parliament, 'ihe defendants had for many years past assisted to evade all laud legislation, but Parliament itself was not free from blame, and the very facility with which the law had been broken, had encouraged them and similar persons. These offences had, to a certain extent, been caused by the circumstances of the country. How many persons were living at home in ease on the profits realised under the purchase of land under the Nicholson and Puffy Acts, atone quarter its value? Mr J/angton took a similar view to that of Mr Frauds, and suggested a trial at common law for a conspiracy to bribe members of Parliament. After some conversational discussion, the debate was adjourned.

(Prom the Argus, 30th April.) Another state has teen reached and passed in the consideration of the report of the Complaint Committee, and the final one is now in view. Last night the Assembly agreed to the motion of the Chief Secretary, and Messrs Hugh Glass and John Quartermau were committed, during the pleasure of the House to her Majesty's jail in Melbourne. The amendment of Mr that the gentlemen iu question be committed to the close custody of the Sergeant-at-arms, was lost by only five votes, the numbers being from thirty-four to forty-nine. Sixty-four members were present in the House, two constituencies are at j.resent unrepre : ented, and twelve members were absent. The absentees were Messrs Aspinwall, Bayles (who is still too ill to attend) Burke, Dyte, Jlumffray, Kerferd, King, M'Kenna, Miller, Bugsell, AValkius, and Witt. Sixty three members voted, and the .Speaker occupied the chair. The debate last night was at times far more acrimonious than was consistent with the dignity and importance of the position, and for this Mr Higinbotham is chiefly responsible since his appeal for vengeance on the preceding evening aroused feelings which were both

angry and iudignant. It is, however, only just to state that last evening every member of the Government who spoke repudiated any sympathy with such sentiments, and when the resolution was carried it was on the distinct understanding that Messrs Glass and Quarterman would be sent to jid merely for the purpose of detention, and that they would be suhjected to none of the indignities to which ordinary prisoners have to submit. Afrer the amendment of Mr Macgregor was defeated, an attempt was made to obtain the adjournment of the Rebate, but it was unsuccessful. As soon as the resolution was carried, the Speaker's warrant was made out, and Messrs Glass and Quarterman were conveyed to jail. Tney were accompanied by their legal adviser, Mr Ireland, Q.C., who asked for and obtained a copy of the warrant. We understand that to-day a motion will be made before a Judge in chambers to bring the prisoners up on a writ of habeas, it being contended that the warrant is informal.

DISCHARGE OF MR GLASS. Mr Hugh Glass, convicted of a breach of the privileges of the House, ami committed to the Melbourne Jail on the Speaker's warrant, has been released by the dictum of three of the Judges of the Supreme Court. Speaking of this subject the Age state*: — " The quashing of a warrant for informality may not at first sight appear to be more than an ordinary proceeding on the part of the Judges of the Su preme Court, but there is a significance attaching to their doings on Saturday last, when the Speaker's warrant for the incarceration of Mr Hugh Glass was pronounced to be bad, which must not be overlooked by the people or the Parliament." The Judges have decided that the Speaker of the Assembly has not the power of the Speaker of the House of Commons, and that the Supreme Court has a power which is not possessed by any court in England. The Judges lit 14 that Parliament has "no privileges, immunises, or powers, others than those which the Judges are so good as not to over-rule." The Age asserts that this is a people's quarrel; one that a free country must pass through before its constitution can be considered established, and thinks that the "avidity" of the Judges to snub the Parliament was not seemly. If the resolution of the Assembly can be over ruled by the Supreme Court, there is an end to the independence of Parliament.

tuinly to be able to produce an instrument possessing the marked advantage- of a much di mnished os -illation, and at the »»m • true he may clearly c'aim to have ra« duced the local attraction ro the minimum degree. The matter is fraught wifh very iiri! ortant results respecting the construe" 1 tion of compass-8 for iron ships, and we trurtt, for the universal benefit that would follow, as well as for the reward that should fall to the inventor, that the discover/ will be perfected and attainable within a very short time. -Evening Mail, April 27.