House of Commons
Wednesday, June 20, 1810.
Address and Declaration From Sheffield
rose for the purpose of performing a duty, which notwithstanding his continued indisposition, he was proud to discharge. He held in his hand an Address from a very large body of his constituents, inhabitants of the town and vicinity of Sheffield. It was from the state of his health impossible for him to have been in his place, when a petition from that town was rejected. He had now only to observe, that he derived great pleasure from presenting an Address claiming such respect from the number and respectability of the persons whose names were affixed to it.
The Address was then read: setting forth, "That they feel themselves called upon, in consequence of an Address either about to be presented or now lying upon the table of the House, purporting to be "The Address and Petition of the freeholders and inhabitants of the town and neighbourhood of Sheffield," thus publicly to disavow any participation either directly or indirectly, in the formation of, or in assenting to, that Address; and that considering the House as representing the people of this kingdom, they rely upon their wisdom for the just exercise of those privileges which a committee of the House have declared to be such as they could trace back to the earliest period, and such as immemorial usage had confirmed; they trust therefore that the House will never concede them to any assumed authority whatsoever: to the House they look forward with confidence for any system of reform which the inroads of time may have rendered necessary, or which may be compatible with the principles of our invaluable and ever to be envied constitution, or the laws of this land and that, with equal confidence, they rely on the House for that economy in the public expenditure which our most gracious and beloved sovereign, at the commencement of the present session, so strongly recommended, and of which they conceive the divisions on the late motions of Mr. Bankes to be an earnest. May the wisdom of the Most High direct all the councils of the House, that under the blessing of his providence, this happy country, which has so long flourished in wealth and freedom, may remain, as it now is, the glory and pride of Britons, and the envy of the world!"
, in rising to move that it should lie on the table, took the opportunity of observing, that the House must feel the propriety of its course, when it called forth such concurrence from the public as was expressed in the Address just presented. The last petition, praying for reform from that town, had been rejected, and he felt much pleasure now in presenting one, which, he was convinced, was consonant to the feelings of the House, and had additional weight, from the respectability of those who signed it. He was happy to have the opportunity of presenting an Address couched in the terms and filled with the maxims of the old school. By reposing confidence in the House, they shewed their true wisdom, and their strong estimation of the constitutional principles by which it was directed. He took that opportunity to state to the House, that, when he gave his vote for the measure of reform, he was not the advocate or encourager of the wild measures so much cried up by others, and which were so long sustained, because they were impracticable. Had they appeared otherwise than impracticable to that House, they would no doubt have been long since adopted. He was for a moderate reform, such as would be compatible with the constitution, and correct the anomalies and errors which appeared in the present system of representation. He did not admire the mode of abuse into which some petitions to parliament upon the subject of reform had swelled; no good could possibly result from insulting openly the dignity of the House, and degrading it in the eyes of the public. He then entered into an eulogium upon the constitution, by which the finest species that ever existed of well-regulated liberty was established; those who felt this blessing, were grown familiar with its possession, and were from habit insensible to the happiness which flowed from it. They were therefore inclined, from the restlessness of their discontent, to underrate advantages of which this country had alone to boast. If the situation and constitution of England were compared with those of any other country, the difference would then be perceived; and when the burdens upon the people were complained of, it should be considered, that the country was labouring under a sixteen years' war, and the pressure of the taxes would be, in his opinion, satisfactorily accounted for, to a people who enjoyed more essential and substantial blessings than any other upon the face of the earth. He thought the House then on the point of breaking up, could fairly take a review of its conduct, and feel itself perfectly justified. In discussing the many popular objections now so prevalent, there was not one in his mind so replete with injurious consequences, as the unceasing endeavour to direct the public attention wholly to the blemishes of the constitution, thereby weaning the public mind from every consideration of the blessings which the people enjoyed under it.
said, that however disposed he might have been to let the present motion pass without any observation, yet there were one or two passages in the speech by which it had been introduced, which he could not so readily suffer to go unnoticed. It had been too much the practice of those who pretended to an exclusive attachment for the constitution to call in question the motives of the men who, in order to preserve that constitution, were anxious to abolish all the abuses that endangered it. He certainly could not impute to the hon. gent the having made any direct charges of that sort, but the general tenor of his speech did appear to him to convey more than indirect insinuations to that effect. He would not follow the hon. gent. in the steps of his elaborate eulogy, but surely if the constitution was worthy of such high praise, it more particularly called for their preventing care; and without imputing motives to any set of men, he could not help thinking that they who were anxious to remove these blemishes which the innovations of time had introduced, gave as rational proofs of their loyal attachment to the constitution, as those who thought it enough to praise it. He, for his part, would rather witness the removal of those defects that had grown upon the constitution than listen to the vague praises of its original excellence. He preferred those practical eulogies that took effectual care to preserve what they praised. Another point was the right of petitioning; this was one of the most valued and unquestioned rights of the people. He feared that the conduct of the House that session had not been such as to shew their respect for that right. In examining petitions it had too much indulged in a minute and verbal criticism equally unworthy their dignity and their justice. He contended that so invaluable a right ought not to be defeated by sophistical cavils. The language of indignant complaint could not be expected to please the objects of it. That House, constituted as it then was, bad been the subject of general complaint and distrust, and would, he feared, continue to be so till the wishes of the country were yielded to in a reform of its representation. On the subject of privilege he would say nothing more, than that he had always thought that the privileges of that House were only valuable in defence of the people's liberties; certainly that he conceived to be the object of their creation, and in that view he was sorry to be obliged to give it as his humble opinion that the exercise of their privileges during that session had been in certain instances hostile to the interests of the country.
observed, that after all the disagreements of the session, in which ministers were left in many minorities, it was impossible for him to subscribe to the inference, that they separated with that unity of sentiment which the hon. mover fancied to exist. He was assured that the real fact was, that the House during the session had done nothing to raise itself in the estimation of the public. He did however, hope that when it was again assembled it would feel the absolute necessity of taking the course recommended by the petition, namely, of considering the best means of an economical and parliamentary reformation. He hailed the admission of such grave authority as that of the hon. mover, when he pronounced himself a friend to reform.
in explanation said, that he had not avowed himself a friend to parliamentary reform, only that he preferred for such consideration a season when the public mind was not sanguine in the pursuit, because then there was no danger of carrying the principle to a dangerous extreme.
observed, that when specific grievances were brought forward, he was most ready to admit that specific remedies ought to be considered. In that view, and that view only, was he a friend to reform, always opposed as he should be to general undefined changes, such as was demanded under what the public clamour designated parliamentary, reform. He defended the privileges of the House of Commons, and protested against the principle of any subordinate court being allowed to decide upon them.—Ordered to lie upon the table.
Bribery Bill
rose to move that the House should resolve itself into a Committee on the bill for the better prevention of Bribery. As the probable duration of the session might render it impossible for him to push the bill to any further stage till next year, he wished to take the present opportunity of stating its provisions, as well as some other regulations which he intended to propose in order that "they might be fully considered before parliament again met.
To argue the principle of the bill, was, he felt, superfluous. It was an axiom of the constitution that the elections of members to serve in parliament, should be free from expence, and though some gentlemen might in private pretend to justify corruption, he did not expect that any man would have the courage to maintain that argument in the House of Commons. Others there were who considered Bribery as an offence indeed against the laws, a crimen non turpe which exposed the perpetrator to certain penalties, but which was not in itself immoral or disgraceful.—On the contrary he must always maintain it to be a crime of a most aggravated nature against the constitution of this country, against morals and against religion.—That some new regulations were necessary to enforce this principle was evident from the circumstances proved during the last session, circumstances which had manifested to the country that practices the most corrupt not only existed, but were carried on in the most barefaced manner. The House had then determined, perhaps wisely, that it would abstain from any enquiry into past offences, but would endeavour to prevent their recurrence.
In this view and in this view only did he consider the act passed in the last session as being of value, stript as it was of all those provisions which could render it efficient. It was a solemn pledge given by parliament to the people of their dis- approbation of Bribery, and of their determination to adopt measures for checking it.
If things should be allowed to proceed as they have done hither to—if it is seen; that seats in the House of Commons are still bought and sold, and that bribery is still practised, the House would justify the clamour of the enemies to the constitution. It would abuse the just hopes and expectations of its constituents, and appear to have only deluded them with promises which it did not intend to perform.
The prop and foundation of the House of Commons was public respect, which was not to be attained by weakness and cowardice falsely called conciliation, but by a firm adherence toils duty, and if one duty was more sacred and imperative than another it was that of constant and vigilant attention to check the inroads of corruption.—This attention must necessarily be unremitting, since it could scarcely be expected that the ingenuity of vice would not ultimately find means of invading any enactments which human wisdom could devise.
This had been the case with the act for the prevention of Bribery introduced by the hon. member's ancestor (sir W. W. Wynn) in the 2nd of Geo. 2. One of its provisions which appeared at the time to be the best calculated to encourage the discovery and punishment of Bribery, had since been converted into an engine for its concealment and protection. He meant that clause which provided that any person discovering an act of bribery committed by another, should be indemnified for all acts of the same nature which he had himself previously committed.
Within the last 40 years it had been discovered that a person guilty of the most general and wholesale bribery, might, under this clause, protect himself from all the consequences of his crime, provided he should give information against any one of the unfortunate persons, whose votes he had purchased.
In consequence numerous fraudulent actions had been commenced solely with this view, and members of parliament had stood forwards in courts of justice, prosecutors of those who had voted for them, and avowing with an unblushing countenance, that their object in so doing was to procure an indemnity for their past offences.
He proposed, therefore, to limit this indemnity in future to the acts of bribery, which should actually he discovered by any witness, when examined by a competent authority, whether in a court of justice, or a Committee of the House of Commons.
The necessary consequence of this, would be another clause impowering such court or Committee to compel an answer from any witness, even though it should disclose an act of bribery in which he himself had been concerned.
By this means Committees of the House of Commons, would be enabled to drag forth to public view, the bribery of votes or the purchase of seats in Parliament, however secretly the transaction might be conducted, and persons who were implicated in such practices, would be conscious that they could at no time be secure, since the accomplice of their crime might be compelled, unless he chose to incur the guilt of perjury, to reveal their offence.
It would also be necessary to empower Committees to examine witnesses, although they should have signed the petition, complaining of an undue election, which the Committee were assembled to try, since it was become a common practice among persons who were averse to be examined, lest they should give evidence unfavourable to their own friends, to sign the petition merely in order to prevent the adverse party from calling them.
He should also propose that the right of petitioning against an undue election, on the ground of bribery, should be extended to all persons whatever, though neither voters or candidates for the seat in question.
This had been the antient and constant usage of Parliament till the year 1784, at that time many groundless petitions were presented, the purpose of which, in some cases was only to entitle the petitioners to a seat under the gallery. Lord Grenville had in consequence introduced an act limiting the right of petitioning to candidates, or voters and giving costs in all cases where petitions should be found to be frivolous or vexatious.
The latter provision, would, of itself, be sufficient for its object, and the utility of the repeal of the former, would be sufficiently manifest by adverting to the many cases which might occur of the sale of seats, where a borough was completely in one interest, and every individual voter implicated in the same offence.
With the same view it might be necessary in a future session to alter in cases of bribery, the standing order, which limitted the time for presenting petitions to fourteen days after the return should be received in the crown office. At present it was, a common practice to delay the payment of bribes and settlement of accounts for treating, till after those fourteen days should have elapsed.
Mr. Williams Wynn proceeded to particularize several regulations, which he intended to propose in a future session.
He proposed that the writs for new elections, should be forwarded by the general post office, instead of being entrusted to private persons, who for their own objects frequently delayed their delivery.
Additional regulations would also be necessary to shorten the duration of polls, which might now be kept open for a borough containing 200 voters, as long as for the county of York; as it was held that the returning officer could not close the poll till the expiration of fourteen days, provided one voter came forward in each hour.
No inconvenience could arise from vesting in either candidate a right to demand that the poll should at any time be closed unless twenty (or perhaps thirty) votes should be tendered within the next hour. With respect to county elections he felt that the greatest benefit would result from the proposal already given notice of by Mr. Brand, for taking the poll in the different hundreds, if it should be found practicable, but that whatever might be the decision of the House on that subject, it would be proper to enable the sheriff's to encrease the number of books or polling places, which at present was much too limited.
He next suggested the propriety of reviving the antient practice of election, by which, if two members were to be elected, and the shew of hands in favour of one candidate was unquestioned, he might be declared duly elected, although a poll should take place for the other seat.
Many smaller provisions had likewise been found from experience desirable, with respect to the appointment of election committees, and the trials of controverted elections, especially with regard to the exchange of lists of votes objected to, the increase of the amount of recognizances for the due prosecution of petitions, and above all to facilitate the recovery of the costs where petitions are adjudged to be frivolous, and vexatious.
did not wish to enter into any discussion on the subject in its present stage; he merely rose to observe, that he concurred with the ideas of the hon. gent., but differed as to the necessity of the remedies he proposed. He was not willing to adopt measures which were inconsistent with the law of the land. It had been said that the state of things in the House was now such, that our ancestors would have "started with indignation" on the contrary, he would assert, that our ancestors were guilty of practices at which this House would shudder. It should be recollected that the members were in former times elected as in a common club, by ballot. The present was not a period of corruption, as so often asserted; he rather thought that it exceeded any former age in honesty and purity.
observed, that the reason why bribery did not now seem to be so extensive, was because it was carried on with greater cunning and more secretly. He, from experience, could assert, that in several boroughs there existed an organised system of bribery; from this bill therefore he augured much good to the country. He believed the not being able to compel a witness to give full evidence to be a chief cause of many evils. In case of great corruption existing in a borough, he would allow the neighbouring hundred to petition against it. He gave to his hon. friend the warmest thanks for the introduction of the bill. Before he sat down, he took the opportunity of noticing that a letter of his to some of his hon. friends near him, having been surreptitiously published, had caused much clamour in the north of the kingdom, and had occasioned many advertisements in the public papers accusing him of attacking the Scotch corporate lights. He now gave notice, that he would early in the ensuing session, submit the consideration of this subject to the House.
thought that the bribery laws in their present state, increased, rather than diminished the evil. The crime itself was generally committed by agents; he conceived it to attack the very vitals of the constitution. He felt himself bound to give his steady support to the present bill.
thought it would have been satisfactory to the House, had ministers given a pledge that they would further some measure for effectually preventing the effects of bribery, as it could not be thought that the mere paper bill, passed in the last session, could prove efficient to remedy the evils of which they complained, or even give them a satisfactory check. When revenue bills were passed every possible means were taken for rendering them effectual. This was stated to be necessary to the public service; but whenever a measure of this nature was brought forward, founded on a great constitutional principle, a wish to shrink from the subject was manifested on the part of his Majesty's government, though he contended they would find their true interest in giving it their support, and in putting an end to bribery altogether. When that question was before them, no middle course could with propriety be pursued, as such must ultimately end in disgrace and parliamentary reform, not that parliamentary reform contended for by the moderate and the wise, but that which would throw the nation into confusion.
expressed his entire concurrence with the general principle of the bill, and felt how important it was to the House and to the country, that such a measure should be passed. He could not but express surprise that those who enjoyed his Majesty's confidence, should not be present at the discussion. The bill passed in the last session would be injurious to the cause rather than otherwise, if it were not followed up by some more effectual measure. He could not but express a wish that a moderate Parliamentary Reform might be effected: such a reform could alone prove beneficial to the country; any other must be attended with serious evils—with convulsions that might endanger the security of the country.
defended the absence of ministers. He understood it to have been the intention of the hon. gent. merely to explain the principles of his bill, and thought it unnecessary at that time to detain his right hon. friends. Hereafter they would, he had no doubt, take an opportunity of offering some observations, on it, He thought it was hard, when they gave it no opposition, that they should be censured for not remaining in the House to give their sentiments on it, when in its present stage their support could not further it.
shortly replied, after which the House resolved itself into the Committee, in which the hon. gent, proposed, to prevent the evils alluded to by his hon. friend, that persons of the description he had spoken of, should give greater securities to prosecute than others.
left it for the consideration of ms hon. friend, if the provision he proposed to make would be sufficient to prevent the evil. He feared it would not, as such persons frequently extorted money by threats.
After a few further remarks the Mouse resumed, the report was brought up and ordered to be taken into further consideration' on that day se'nnight.
College of Physicians
rose to give notice of a motion for next session; and' stated, that during the interval of the late adjournment of the House, a communication had been made to him on the subject of certain bye-laws and regulations that had been framed, and were now acted upon by the College of Physicians, to the merits of which, had there been sufficient time, he should certainly have felt it his duty to solicit the immediate attention of the House. He Considered those bye-laws to involve a question of great public interest, as far as they affected the rights of some very meritorious and eminent professional gentlemen. As he could not on the eve of a prorogation, enter fully into the subject, he should content himself with giving notice of a motion for next session on the subject, should they not in the interim, find it expedient to revise their code of bye-laws, and rescind those clauses, which had been represented to him, and he conscientiously believed were faithfully represented as unjust, vexatious, and highly objectionable.