NGTON said, he bate to go on withck which had just noble Friend the ham (Lord A. Vane and learned Attorir John Pakington) all from his noble e construed in the attack, and the en directed against intended to legalise any election where corrupt practices were committed, either by the candidate or any other person not connected with or authorised by him. If, however, it should be shown that any single elector had been bribed by any party who had no connection whatever with the candidate, he thought it would be most unfair to visit that upon the candidate, who might have been returned by a majority of upwards of 100. He agreed that it would learned Attorney be extremely inconvenient if a candidate ncourteous and un- at any election, who had employed an he could not better agent, and had given him a general authopinion on this mat-rity, should not be held civilly responsible, hat he had turned and also responsible for his seat, for the learned Friend the acts of that agent, although he had not lk, and was remark- authorised him to do any of the illegal and agreeable was acts which might have been committed by 'riend. [Laughter.] him. In practice, the candidate was held at was an impartial responsible, and justly so, for the acts of not anticipate that his agent; but what right had they to to be made. Cer- visit upon the candidate the offences of a ack made upon the man with whom he had no connection? The ATTORNEY GE- All he asked was, that the House should rd charged me with throw its shield over innocent persons, be] He had not un-cause it too often happened that Comend to make such a mittees, puzzled by the speeches of coun7, however, that the sel, had come to very harsh and unfair denoble Friend for cisions in these cases. orward substantially me with singularly mber of the Governently on the Oxford the sense of the which the House two different occao the clause of his ared to him to be ht in some degree ery, but that would ed with the settletate of the law. he was much suron. Gentleman, who airman of an ElecEd support a clause eussion, the effect of o amount of bribery n unless it was cone candidate. [Cries ought after the dishad had among the ey might allow an =cuss the Bill. He use. MR. BRIGHT said, if this clause were agreed to, one great check which at present existed to prevent bribery by overzealous partisans would be taken away. He knew two cases-in one, the brotherin law of a candidate gave a voter 10l. to leave the town-in the other, a friend gave a voter 51. to vote for a particular candidate, and, in both cases, he believed, without the knowledge of the candidates. The only check which at present existed on such proceedings was the knowledge, on the part of the partisans, that such acts would jeopardise the seat of their candidate. If the seat were not voided by them, then there would no longer be any inducement to search out such cases, and thus a great avenue to bribery would be opened up. He was sorry to vote against the hon. and learned Gentleman (Sir F. Kelly), who had shown himself most anxious to put down bribery, but he could not support the present proposition. KELLY said, he able meaning could se submitted by his st deny that it was MR. HENLEY said, he considered the clause to be necessary on account of the provisions of Clause 35. Having by that clause made it incumbent upon candidates to give the names of their agents, they ought to be protected from the acts of other persons. LORD ADOI have been wor any money for or MR. VERNO Act. SIR FITZE thought that it VOL. CXX form. MR. CRAUFURD would sugg the present clause were passed, and containing the declaration, notic which had been given, did not would then be placed in a strang LORD ADOLPHUS VANE TEMPEST | clause should be inserted in it said, he disclaimed any intention of having for a moment intended to charge the Attorney General with ignorance of the law, Had he done so, he should, indeed, have been worthy of the very severe observations which the hon. and learned Gentleman had made with regard to him. Motion made, and Question put, That the Clause be now read a second time." The House divided :-Ayes 79; Noes 114 Majority 35. SIR FITZROY KELLY then moved the following clause- 46 If any candidate at any election, or any Member hereafter returned to serve in Parliament, shall, before the passing of this Act, have paid any money for or in respect of any election hereafter to be held, or any expenses thereof, such person shall, to the best of his ability, deliver a full, true, and particular account of such payment or payments to the election officer, and may thereupon, instead of the declaration hereinbefore contained, make and subscribe the declaration following :—' I [A. B.] do solemnly and sincerely declare that I have not knowingly made, authorised, or sanctioned, and that I will not at any time hereafter knowingly make, authorise, or sanction, any payment on account of my election, otherwise than through the election officer, save as excepted and allowed by the “Corrupt Practices Prevention Act, 1854," and other than the payment or payments mentioned in a certain account called "Reform Act Account," delivered by me to the election officer, nor have knowingly done, authorised, sanctioned, procured, or promised, nor will hereafter knowingly do, authorise, sanction, procure, or promise any act, matter, or thing contrary to the provisions contained in sections 2 and 4 of the said Act; and any person who shall make and subscribe any such declaration knowing the same to be untrue, or, having made and subscribed such declaration, shall, at any time thereafter, knowingly make, authorise, or sanction any payment contrary to the true intent and meaning of such declaration, shall be deemed guilty of a misdemeanor, and in Scotland of an offence punishable with fine and imprisonment." MR. VERNON SMITH said, he considered that the preferable course would be to treat all payments made before this Act as innocent payments; and the case might be better met by inserting in the declaration the words, since the passing of the Corrupt Practices Act." MR. VINCENT SCULLY said, he also thought that the simplest plan would be not to make the Act retrospective, but to let the declaration merely be, that the candidate had paid no money since the passing of the Corrupt Practices Prevention Act. SIR FITZROY KELLY said, he thought that it was indispensable that the VOL. CXXXV. [THIRD SERIES.] SIR FITZROY KELLY replic the event of the declaration o being passed, he would then, with mission of the House, withdraw sent clause. Clause agreed to, and adde Bill. "If any Candidate shall be declar Election Committee guilty, by hims agents, of bribery, treating, or undue i any Election, such Candidate shall be of being re-elected for the place for Election shall have been declared void Parliament then in existence." Brought up, and read 1o; 2°. THE ATTORNEY GENER he would consent to the inserti clause, as its object was to keep as it had hitherto stood with ref this subject. SIR FITZROY KELLY sugge after the word "elected" shou serted the words, " for the place his election has been declared voi MR. BENTINCK moved the of the words, "with his cognisan the words "or his agents. THE ATTORNEY GENERA must oppose the addition, becaus sidered that by the present law a guilty of bribery by his agents. without his cognisance, was di from sitting for the same plac same Parliament. MR. BRIGHT said, he tho Member should be disqualified fr returned in the same Parliamen place, otherwise there would be exchange of seats. Mr. PHINN said, the Member unseated for the acts of his agent, 2 H these; and he should not oppose the hon. Gentleman's proposal. MR. GOULBURN said, he saw no reason why different rules of evidence should prevail with respect to cases arising under this Act from those which were applicable to any other penal proceeding. If the hon. and learned Gentleman the Attorney General intended to apply the principle involved in this clause to all penal actions, of course his objection fell to the ground; but then the best way would be to do it by a general enactment, for he thought it very objectionable to apply different rules. to different cases of the same class. tion for recovery of any this Act, the parties to bands and wives of such be competent and comin the same manner as s and wives, are compegive evidence in actions of the fourteenth and r ninety-nine, and The t, 1853,' but subject to That any such evidence sed in any indictment or er this Act, against the -ontained in such several MR. HILDYARD said, he wished the House to consider whether this clause might not be the means of compelling timid Members, who did not like to undergo the ordeal of examination in a court of justice, to compromise penal actions against them. In a recent case, a friend of his had told him that he would rather pay 1,000l. than be "badgered by the lawyers," but he had appeared upon his advice, and those who were proceeding against him had immediately retired. 1°; 2°; 3°. Y GENERAL said, the propositions inthat parties proceedties under this Bill come forward as witwhat evidence they half; but, of course, reciprocity, and they be liable to be called as well as competent heir own. He must, e had felt some reluche clause, because it n to the general law s not the law of the the parties proceeded ction might give evichalf. At all events stion, inasmuch as in er, in which the questhe Judges had been pinion. He thought, MR. HENLEY said, he agreed very much with the opinion of the right hon. Gentleman the Member for the University of Cambridge (Mr. Goulburn) that excep tional legislation was unwise. He would much rather let it rest upon the general law. SIR FITZROY KELLY hoped the hon. Member for Cirencester would persevere with the clause. Before Election Committees parties were competent witnesses, and might either be compelled to give evidence or give it voluntarily; and there was no reason why the same rule should not be extended to other proceedings under this Act. MR. CRAUFURD said, he approved of the clause, but disapproved of dealing with the subject exceptionally. He wished to egislation on the sub-know whether the parties would be comal rather than excep- pellable as well as competent to give evid propose a clause in dence. ocedure Act with that House should agree to clause superfluous. If t agree to it, he owned e hesitation in admitan exceptional case. e quite agreed that if mstances parties were 1 in their own behalf, led in cases such as MR. MULLINGS said, he would insert the word "compellable" in addition to the word "competent." MR. PHINN would propose that the proviso be admitted. SIR FITZROY KELLY: Would you compel a man to give evidence, and make him criminate himself? Question put, That the clause be added to the Bill." The House div 107: Majority 11 MR. BENTING move, in page 3, "and of none effe "Provided always have taken place months, either pr an election." He it stood much to persons mixed up not think that tre poses would ever distant from the than probable tha either a short tim quent to it. Havi perience in Parlia must say he neve stance of a candi or corrupting his With a view, ther being brought ag agents during an period subsequent which might or mi with a corrupt int the foregoing Am LORD JOHNRU the hon. Gentlem Construction on t false conclusion. the clause as it at as far on the sub as the clause pro would no more ma of beer penal, unl corrupt intention, MR. ARCHIBA hoped the noble I the Amendment, f ed he should feel the declaration. MR. VINCENT the contrary, he would not agree to hon. Member for clause, he would f case of persons order to corruptly culties consequen Question put there inserted." {JULY 28, 1854} The House divided :-Ayes 118; Noes 107 Majority 11. MR. BENTINCK said, he would now move, in page 3, line 37, after the words "and of none effect," to insert the words, "Provided always, that such treating shall have taken place within a period of six months, either previous or subsequent to an election." He thought the clause as it stood much too stringent against all persons mixed up in an election. He did not think that treating for corrupt purposes would ever take place at a period distant from the election, it being more than probable that it would take place either a short time previous to, or subsequent to it. Having now many years' experience in Parliamentary proceedings, he must say he never knew of a single instance of a candidate habitually treating or corrupting his would-be constituents. With a view, therefore, to prevent actions being brought against Members or their agents during an unlimited and indefinite period subsequent to an election, for acts which might or might not have been done with a corrupt intention, he should move the foregoing Amendment. LORD JOHN RUSSELL said, he thought the hon. Gentleman, by putting a wrong construction on the Act, had come to a false conclusion. The law in reference to the clause as it at present stood went quite as far on the subject of corrupt practices as the clause proposed; and the new Bill would no more make the giving of a glass of beer penal, unless it was given with a corrupt intention, than the present law. MR. ARCHIBALD HASTIE said, he hoped the noble Lord would still agree to the Amendment, for unless it were accepted he should feel bound to vote against the declaration. MR. VINCENT SCULLY said, that, on the contrary, he hoped the noble Lord would not agree to the Amendment. If the hon. Member for Paisley would read the clause, he would find it only applied to the case of persons giving refreshments in order to corruptly influencing a constituency. If the Amendment of the hon. Gentleman (Mr. Bentinck) were agreed to, the effect would be that candidates would tell the electors, "If you only elect me, I promise you a first-rate feed at the end of six months." So that all the difficulties consequent upon treating would be thus easily surmounted. Question put, "That those words be there inserted." The House divided:-Ayes 78 153 Majority 75. MR. HILDYARD said, he wo to move the omission of the words commencement of the 6th clause imposes certain disabilities for brib the avowed purpose of expungin clause from the Bill. He conside 6th and 7th clauses most object He did not propose to expunge clauses when the Bill was in Com because he thought it desirable to them in the presence of Mr. Spes they materially affected the privil the House of Commons. Every convicted of bribery under the 6th or of treating and undue influenc the 7th, would forfeit his seat. The of transferring the jurisdiction ov had been over and over again discu that House, and one great statesm no more, had contended that it solutely essential to the independ the House to retain that juris but by these two clauses the Ho about to transfer it collaterally a dentally to a petty jury in an assiz When these clauses were discus Committee were under a misapprel believing that the law of the la what it would become under these and that the 2 Geo. II. imposed a of 500l., and forfeited the seat Member who might be convicted. Act, after imposing the penalty, sa "And also shall be for ever disabled exercise, or enjoy any office or franchise he or they then shall or at any time a may be entitled, as a Member of any city, town corporate, or cinque port, as if su were naturally dead." But this clause did not apply to M It merely deprived capital burgess of any franchise which they might Several actions might be brought a Member under this Bill, and the should be acquitted in ten cases eleven, by a decision against him eleventh case he would be deprived seat. Let them consider what th of such a measure would be in Ir hon. Gentlemen on one side of the were tried by a Papist jury, and h tlemen on the other side were t an Orange jury. Party feeling, h was so bitter in that country, that afraid hon. Gentlemen on both side seek to retain this power as an ins of mutual obstruction; but, sur House did not wish that it shoul ery, &c., Bill. 936 {COMMONS} the noble Lord would e should persevere in ch would produce such ey not have introduced -clause of this kind, me sort? The result, guilty persons would ions, whereas in other co the conviction of inexpunging the clause ect themselves to any ould, if necessary, exas had been done in a 1812. His hon. and Attorney General had ccasion, that if a veretory the Judge would there would be a new ded that such a clause ievous in excited times. the Judges would wish in a position of hosnent, and expose themse of the newspapers ng corruption? The the case to the jury in n; and was it to such ere going to transfer With this view, he ords should be omitted, the House assented to vo clauses would ulti vn. ZGERALD said, he mendment, because he ect of the clanse, as it uld be that which the , on a previous discus ated, namely, to transestions to the jurisdicrts, and to make these f political discussions. d to these actions after ection in order to unandidate; a man might sive actions brought it was rather hard to them should succeedembered that in these were bound to decide eight of evidence, and benefit of a doubt to the would be incapacitated at in that House. that the jury would be al feeling. There was eve that these proceede not unfrequently the ical animosity, and he they ought to remove It SIR FITZROY KELLY said, that although he could not participate in the ap prehension that jurymen in England could ever become political partisans, there was really so much weight in the observations of the hon. and learned Gentleman who had just sat down respecting the clause, and also in what had been urged by the hon. and learned Member for Whitehaven (Mr. Hildyard), that he felt it to be his duty to call the attention of the noble Lord opposite to the effect of those clauses as they then stood if adopted. These clauses, when considered in connection with the whole Bill, would be found objectionable. The clause moved by the hon. and learned Member for Bath (Mr. Phinn), providing that where an Election Committee declared a candidate guilty of bribery, he should be incapable of sitting in that House during the same Parliament, was a perfectly consistent clause; but by the clauses now under discussion, if a penal action was commenced against any candidate, not for bribery, but for the most insignificant offence under this Bill, he would, if judgment was given against him, be disentitled to sit and vote during the remainder of that Parlia ment. Now the difficulty was, that there was no machinery MR. PHINN sa he felt the force of which had been s learned Gentleme these clauses. As chinery for giving the courts of law House, the transn decisions to Mr. necessary for tha Members. No m was necessary; t was sufficient to m Member of that I gery, or declared facto, be expelled loose charges bein bers by common in ed against by th the hon. Member lings). With reg tion on indictment if severe, was li the existing Parl LORD JOHN R that the argumen Member for East and the hon. a Whitehaven (Mr. him to have such could hardly ask these clauses. that he (Lord J. dered, namely, th that House, appo of the validity o the sitting Men bribery by himsel the seat to him; an indictment m with strong polit and there migh it would be al House to expe might be a ques T |