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Bill had been brought in by the late Government, in consequence of the Report of a Royal Commission, which had inquired into the system of bribery and corruption in the borough. He hoped the Bill would be persevered in; but having said thus much, he was prepared to leave the matter in the hands of the right hon. Gentleman the Secretary of State for the Home Department.

object in view, had met with in another borough. The Commissioners attributed this to the stringent powers with which they were invested under the Act, but he attributed it rather to the implicit reliance of the witnesses upon the good faith and honour of Parliament; and it would be a violation of both, if Parliament were now to turn round and use those confessions as a pretext for punishment. It might be said that the indemnity from punishment did not refer to the borough in its corporate capacity, but to the penalties or imprisonment incurred by individuals who were guilty of bribery. But it was usual to construe the words of an Act of Parliament in their plain meaning. The words of the Act appointing the late Commission were, that the party who should answer, to the best of his knowledge, the questions put by the Commissioners, should be indemnified from all forfeitures, punishments, disabilities, and incapacities; and the words of the Act implied that such a person should enjoy every power and privilege that he possessed before. And yet how could such à promise be held to be performed if these parties were to be deprived of the franchise, and their borough exterminated? As he had been held up to public animadversion for corrupt practices, he would assume, for the sake of argument, that there was some foundation for this charge, and that he had had some experience on this subject. He had bought this experience at his own expense, and he intended to make use of it for the benefit of the public. The Bill now before the House was one of three which had been brought forward for the ostensible purpose of putting an end to bribery and corruption; and he could show that the three together would not effect the object. In all reform discussions he had ever heard, either in the House or out of it, he had never heard any allusion made to what he believed was the primary and principal cause of corruption--the extreme severity of the laws against it, whereby they had become inoperative. He could produce evidence of the fact that those laws were inoperative. At the last election for St. Albans, where every one might suppose there were abundant opportunities for carrying out those laws, a bill had been issued, stating the penalties incurred by giving or taking a bribe, and offering to prosecute any case, free of expense, on evidence being supplied the reward of 1,000l. or 500l. to belong to the party

MR. JACOB BELL said, it was not to be expected that he should allow this Bill to pass its second reading without making an expiring effort to save the borough he represented. However strong might be the prejudice of the House, and however forlorn the hope of success, he should not flinch from his duty to his constituents. The subject of Parliamentary elections was one in which he had never taken any interest till the time when he found himself heralded forth to the public as if he had been the inventor of a system which had existed long before he was born, and would probably prevail long after he had ceased to exist. Though the defence of the system would be quite impossible-for no one in the House detested Parliamentary corruption more than he did, or had greater reason to detest it yet it was quite a different question whether it was just and proper to execute the sentence of the law in the manner proposed on the borough of St. Albans. He thought he might advance some pleas which would have influence with the House. First, it was customary, when several parties were arraigned under the same charge, and one turned Queen's evidence, that that one should be acquitted, while the others were punished. In the present instance, the borough of St. Albans had turned Queen's evidence, and had placed in possession of the House some very valuable information, which would enable them to pursue corruption with success throughout the kingdom; yet the only borough to be punished was the one which had rendered this important service. Again, when a confession was extorted from any party under a promise of indemnity from punishment, it was unjust, and he believed illegal, to take advantage of that confession as a ground for inflicting punishment. Now the Commissioners had stated in their report that their reception in St. Albans, and the frank and candid manner in which they were furnished with information, contrasted very favourably with the reception which other Commissioners, having a similar

Sir G. Grey

producing the evidence.

man.

This bill was force of law. There were certain expenses
which were illegal, but which, neverthe-
less, must be paid-not the purest election
in the world could be conducted without
them—and yet, in the strict letter of the
law, they endangered the seat.
Conse-
quently it was necessary to employ various
agents. The genus "Parliamentary agent"
comprised several species. Those who per-
formed what was called the "awkward
business" must be cunning, ingenious, and
energetic, and must have a contrivance at
hand to meet every case. They must be
indefatigable, fear nothing but defeat, care
for nothing but victory. These agents, waile
performing the most slippery business be-
hind the candidate's back, must convince
him when in his presence that they were
the purest persons in the world, and that
if a shilling improperly spent could save
his election, they would not expend it.
They perpetrated the most unblushing
wrong in the most daring manner. They
had many methods of accomplishing their
purpose, of which an example or two might
be instructive. A Parliamentary agent of
this kind had a room in some part of the
town called a committee-room, but which
the candidate never heard of. When an
elector came he was ushered into the pre-
sence of the agent, who would say, "Well,
Mr. Smith, how do you do to-day?" at the
same time holding up three fingers, to sig
nify he was to have three sovereigns. The
elector would perhaps say, if he were dis-
satisfied with the amount,
I am not very
well to-day." The agent then, holding up
five fingers, would say, I am sorry you
are not well to-day, Mr. Smith.' The
elector would then say, Oh, I am not
very ill. It is all right." He would then
go and look out of the window, and while
he was doing so the agent would put five
sovereigns upon the table. The agent
would then go and look out of the window
in his turn, and the elector would walk to
the table, and when the agent turned
round the elector was gone, and the sove-
reigns had vanished. The elector did not
see the agent put down the money, and the
agent did not see the elector take it up.
When a Parliamentary Committee was ap-
pointed the agent swore he never gave any
money, and the elector swore no one gave
him any. No promise had been given or
required; the subject of the election had
not even been mentioned. The elector
went out of the room a free agent, and,
without perjury, swore he had not been
bribed. When the five hon. Gentlemen

signed by a gentleman who, at the time of
the election, valued his services at ten
guineas a day; and he offered those ser-
vices gratuitously to any one who, in that
rich harvest of corruption, would volunta-
rily bring forward a single offender. Yet,
so inoperative was the law, that while
(as it was afterwards proved) many of
the electors were eager to sell themselves
for 51. and become slaves, there was not
one to be found willing to be bought
back again for 500l. and become a free
Every attempt at improvement,
instead of seeking to render the laws
easier to be carried into effect, had in-
creased their stringency, and made it im-
possible to carry them out. During the
fifteen months he had been in purgatory,
he had made a great many inquiries on the
subject he knew very little of it before
and he found these laws were so exces-
sively strict, and the penalties so tremen-
dous, that it was utterly impossible to
carry them into effect, and they conse-
quently defeated the object they had in
view. It was impossible to carry out any
election consistently with the law. There
were voters who came from a distance;
and the common rites of hospitality were
denied; they must not even have a glass
of beer; and if the sitting Member, or any
one in his behalf, were proved to have of
fered them any refreshment, he would be
unseated. Were these laws literally car-
ried into effect, many agents would be
subject to accumulated penalties of about
150,000l., and to an imprisonment of 300
or 400 years.
That was the literal inter-
pretation which anybody not a lawyer
would put upon the law. When sheep-
stealing was a capital crime, the majority of
the offenders were not punished at all, and
those who were punished only suffered on
the same principle as St. Albans was to suf-
fer now. Before going circuit, the Judges
assembled sometimes, and said-"Sheep-
stealing has been rather common lately,
we had better hang a few prisoners;" and,
on account of this determination, men suf-
fered who never expected to be hanged at
all. The criminal when condemned be-
came an object of compassion with the
benevolent; petitions were frequently pre-
sented to the Secretary of State in favour
of such criminals; and the disgust of the
crime was lost in the horror of the undue
severity of the punishment. Owing to this
stringency at elections, a custom had be-
come prevalent which had acquired the

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who sat upon the Committee heard this, they said," There has been some clever management here, but there is no evidence." Then a learned gentleman in a wig would stand up and declare it to be a trumped-up case; that there was not a tittle of evidence against his client; and he called upon the Committee to dismiss the petition as frivolous and vexatious. This was only one method in which bribery was carried on. He had heard of fifteen or twenty guineas being given for a canary bird. There is another method which was much more easy to practise without risk of detection - that of employing people for various purposes, and paying them. There were usually a great number of agents, spies, secretaries, and messengers, all retained for five or six weeks preparatory to an election, and paid so much a week. These were put down as legal charges, though if thoroughly sifted, it would be found that almost the only service these people performed was at the hustings or polling booth. Some of the most important thus employed were spies, whose duty it was to be looking about among the people on the other side, and to obtain information as to what was going on; and thus it was that candidates knew of all the "awkward business" going on on the other side, but were kept in ignorance, being surrounded by a halo of their supporters, of what was done on their own. If, too, one of the candidates happened to be the cousin to an editor, or to have any interest with the press, he had an opportunity of putting all this tittle tattle into the newspaper, and thus all the scandal that his spies could get hold of came forth to the public in a very piquant state, while the other party was blackened very much to his surprise. He cautioned any Members who might be opposed by any hon. Gentleman connected with the press to be prepared for a denouement similar to that which had taken place lately at St. Albans. By degrees these agents acquired great influence in the borough, and were almost able to return Members themselves. It did not follow, however, that the agents selected the candidate. The party on whose side he usually acted might make the selection if they pleased, and retain the agent. An agent was like a lawyer in this respect; he did not care for whom he acted, but, once employed by a party in a borough, he set to work with great zeal. It was characteristic of an agent Mr. J. Bell

A

not to be scrupulously accurate in minor pecuniary matters. Somehow or other money adhered to his hands in passing through them; but he was faithful to his party, and, like the Spartan boy, would allow his entrails to be torn out rather than betray the fox. It was felt that disgrace was not in bribing, but in being detected. But an agent might sometimes be caught tripping. He might become too venturesome from long impunity, and might at last find his way into prison. When there his friends would know nothing of him; but yet men did not scruple to visit him privately with a view to furthering their prospects at the next election. A man who had spent 20,000l. in the most unblushing bribery, and was not petitioned against only because his opponent had bribed as much as himself, walked into the House as bold as brass, and inveighed against the corruption of St. Albans. few words on the working of the present system. When an agent waited on a candidate it was usual to ask a few questions about Corn Laws, Jews, and Catholics, &c., and then his attention was directed to money matters. If applied to by one of the "awkward agents, he would probably, in the first instance, be asked for a certain sum of money to test the borough. This might be 1007., 2007., or 300l., according to the appetite of the agent. The agent, like a fortune-teller, could not tell anything till his hand was crossed with money. He was next asked for 300l., 400l., or 500l. for legal expenses. But this was not all, for there was a further sum to be paid some fourteen days after the Member had taken his seat; and, as to how this money was expended, he was told that he was not to ask any questions. If the candidate said, he would not sanction bribery, and that he liked to have everything aboveboard, the agent replied that he would have nothing to do with bribery, but that there were two or three persons who divided the borough amongst them, and if they did not get so much money they would not give their influence. He (Mr. Bell) was not an old stager in election tactics, he was not up to the tricks of the trade, and he consequently fell into the trap. The effect on the electors was quite as bad, it was perhaps even worse than the effect on the Members. They looked upon an election like a Christmas coming at an uncertain period. It made them care little for the politics of the candidates. If you

ask an elector what party he belongs to, he will probably tell you he goes with the "blues or the "reds." If you ask him about the Corn Laws, he knows nothing about them, though he will tell you he would rather get a loaf at 6d. than at 1s. The effect on the public mind was equally bad, for when people knew that Members got into that House by these means, it was impossible to respect laws made by such parties. The people must despise the House, and the laws passed by it, and contemn the hypocrisy with which corrupt practices were branded by its Members. Bribery was a disease exactly like the smallpox. It was contagious and communicable from one person to another. Secondly, a person who had suffered badly from the disease was a marked man as long as he lived. Thirdly, the contagion only took effect in cases where susceptibility prevailed. Correct feeling would operate like vaccination to prevent the disease attacking the subject. The cure for bribery was to make people feel that it was disgraceful to give or accept a bribe. The notion was not Utopian. Even in St. Albans, he was informed, there were as many as 200 electors who would not be bribed. No Reform Bill of the kind hitherto introduced would cure the evil. It was proved before the St. Albans Commission that the Reform Bill increased the bribery very much; and if another Bill of the same kind were to be passed, it was impossible to calculate the extent to which corruption might increase. He did not believe that even the ballot would cure the evil, for the "awkward agent" would still contrive to know how much the candidate would stand, and he would bribe the electors conditionally upon the return of the party for whom he acted, paying the money after the election instead of before. The "Man in the Moon," or "the Man in the Helmet," or "the Hole in the Wall," would still continue to act as paymaster, to evade detection. He believed, therefore, that even with the ballot and small constituencies they would have as much bribery as before. There was a great deal of talk about St. Albans bribery, as if other places were not just as bad. The bribery at St. Albans was but a milkscore compared with the bribery which took place in a large constituency in the metropolis, which he would not name. Let them apply the proper cure to these things. Let them not enjoin penalties for bribery which they knew would

never be inflicted, but let the penalties be such as would be inflicted in every case of notorious bribery. Let them get rid of the absurdity of a trial by a Committee of five Members of that House, who might be as gnilty of bribery themselves as the party whose case they were trying, and let them instead issue a Commission, as in the case of St. Albans, and compel all parties to give evidence. He could bear testimony to the excellent manner in which the St. Albans Commissioners conducted that inquiry, and he respected them as a child respected his father, who corrected him. A mouse was not more helpless before three bull terriers, than a witness was before those learned Commissioners. If one missed him, the next was sure to trip him up, and the third swallowed him. From the manner in which the inquiry was conducted before a Committee of that House, it was almost impossible to get at the truth, for as soon as a witness was about to state something to the point, the gentlemen in big wigs stopped his mouth. No one could be more grateful than he was for the exertions of his learned counsel before the Election Committee; but if he had been a Member of the Committee, he would have voted for unseating himself: for the corruption was so carefully bottled up, that though he saw no evidence, he smelt it, and could guess what was kept back, from what came out. He should use every exertion himself to put down bribery and corruption; but this Bill was not calculated to effect that object, unless other boroughs were put to the same ordeal as St. Albans. The electors of that borough were told that they would not be punished for giving their evidence; and though it was true that no fines had been levied, yet capital punishment was about to be inflicted, and that was worse than a fine. He claimed indulgence, therefore, for his borough. It was in the mud, and he was in the mud with it, but he would never shrink from performing his duty towards it. He would now move that the debate be adjourned; he would not say for three or six months, though that would answer his purpose very well, but simply that it be adjourned, as he expected a petition from some electors of St. Albans, which would throw some further light on the subject.

[The Amendment not having been seconded fell to the ground.]

MR. HUME said, he wished to make a few observations on the original question.

It

The ATTORNEY GENERAL apprehended there was nothing in the Bill which would interfere with the rights of persons who had such claims. In the 6th clause

In the first place, he could not refrain | prejudice the right which persons had at from thanking Ministers for taking up this present of proceeding in a Court of Law Bill, and should look upon it as an earnest against the Treasury or the Crown, in of what they intended to do on the subject. matters to which the Bill referred. The hon. Member for St. Albans (Mr. J. proposed to refer claims to escheated proBell) had admitted that if he had been on perty to Commissioners; but he thought his own Committee he would have voted persons ought still to retain the right of for unseating himself. After such an ad- bringing such claims before a Court of Law. mission he thought he had only to appeal to hon. Gentlemen opposite in favour of the Bill. The explanations given by the Commissioners, who had done their duty so admirably at St. Albans, and the in-it was provided that any person who proved formation which had been given as to his claim should be paid the amount out of bribery, induced him to hope that the Go- the Consolidated Fund. The Clause would vernment would take up the whole ques- not interfere in any way with his right to tion, and not allow St. Albans to remain bring an action. an individual case. It was said that the bribery at St. Albans was only an example of what took place in some eighty or ninety other boroughs. If that were so, he hoped the House would be consistent, and adopt some means for changing the whole system, for it was the system which corrupted the candidates. If the Government would take up the subject in earnest, he should be happy to support them in any real substantial measure of reform.

SIR DE LACY EVANS thought it was somewhat hard that St. Albans alone should be plucked, when there were other boroughs equally guilty. He hoped the Government would not rest satisfied with the present Bill, but would deal with other corrupt boroughs in a similar way. He had given notice of a Motion for the disfranchisement of Harwich, and he hoped the Government would support his suggestion.

Bill read 2°.

PERSONAL ESTATES OF INTESTATES

SIR CHARLES WOOD said, he agreed with the hon. and learned Attorney General, that there was nothing in the Bill to affect the legal rights of parties.

MR. WALPOLE said, if the hon. and learned Member for Youghal (Mr. C. Anstey) would move a proviso on the bringing up the Report he would give it his consideration.

Clause agreed to; as were the remaining Clauses.

House resumed.

The House adjourned at half after seven o'clock till Monday next.

HOUSE OF LORDS,

Monday, March 15, 1852.

MINISTERIAL EXPLANATION. LORD BEAUMONT rose, in accordance with previous notice, to draw the attention of the House to the injury inflicted on the country by the uncertainty which exists Order for Committee read; House in as to the intentions of Government reCommittee.

BILL.

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specting the law regarding the importation
of foreign corn; and to put a question to
Her Majesty's Government whether it is,
or is not, their intention to recommend to
Parliament an alteration of the present
policy with respect to the importation of
corn, as soon as a new Parliament can be
assembled? The course he intended to
pursue was, as he had given notice, to put,
in the course of the observations he would
make, questions to the noble Earl opposite
(the Earl of Derby) as to the intentions of
the Government with respect to this sub-
ject; but as it was desirable that the rules
of the House should be complied with,
and that a formal Motion should be before
it, he should also present a Petition to

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