case

conduct can, neither by you nor by any | viduals who had been guilty of corruption; one else, be misconstrued, that I am their numbers, as contrasted with the directed, so early after your imprisonment, entire body, being so trifling as to render to inform you that you are discharged, on it inexpedient, as well as unjust, to extend the payment of your fees.”

the punishment beyond the transgressing Jonathan Fox was ordered to withdraw. party. The second

was that in Mr. Tennyson then moved the order of the which a considerable portion of the conday, for going into a committee on the stituent body had been found guilty of East Retford Disfranchisement bill. corrupt practices. The third was that of

Mr. D. W. Harvey said, that having, on entire extinction of the right of electionFriday, intimated an intention of examin- the severest measure of punishment which ing a member of the House on the subject could be applied to the political offender. of this bill, he would apprize the House, In proof of misconduct requiring the last before he stated the reasons which induced description of punishment, the hon. memhim to make the motion, of what had ber who had introduced the bill had enpassed between that hon. member and deavoured to show a uniform and longhimself. Being desirous, on every occa- continued system of corruption; and, in sion, to observe the maxim—“ Do unto pursuance of this plan he had pointed out others as you would wish to be done by,” | three distinct periods in which corrupt he addressed a letter to Mr. Crompton, practices had almost touched every person stating his intention of persevering in the at the bar. The evidence relating to motion, and desiring to know whether Mr. | 1812, when Mr. Osbaldeston and Mr. Crompton would attend voluntarily, or Marsh were returned, was conclusive as to prefer attending by a compulsory order of the manner in which Mr. Osbaldeston had the House. In answer to that communi- secured that return. He then travelled to cation, he received a letter from Mr. 1818, and placed at the bar an individual Crompton to the following effect :-“That who had just been so correctly admonished, it was not his present intention to be in of the name of Fox, and the gist of his his place in the House on Monday next, evidence was, that he had deposited in the and in case he wished to change his inten- hands of the Retford bankers, shortly after tion, he would inforın Mr. Harvey of that the election of 1818, the sum of 2,8001. circumstance; that, according to his pre- On being interrogated as to the mode in sent views, he would rather be in his place which that sum was to be applied, he, at some day subsequent to Wednesday ; but first, declared his total forgetfulness of the that Mr. Crompton's colds were so tedious, way in which the money was to be applied, as to leave him no chance of attending but, on being admonished of the consewithout making himself ill.” In conse- quences, he admitted that he had an imquence of this letter, he should move that pression, that that sum of money was Mr. Crompton attend the committee on given over to the bellman to be distributed Friday next. He would now briefly state amongst the burgesses. He (Mr. Harvey) the reasons which induced him to make asked the House, whether that was a spethe motion. Since last Friday he had cies of evidence upon which they were read all the evidence taken, not only at prepared to come to a decision, that gross the bar of the House, but before the com-corruption universally prevailed in the mittee appointed to try the merits of the borough of Retford in 1818? The witelection ; and the impression which he ness stated, however, that he could inform had entertained on Friday evening was the committee in what way the money strengthened by that perusal. It should was disposed of, provided he was furnished be recollected, that the object of this bill with a paper in the possession of Mr. was that of punishment, by striking the Crompton, in which were contained the borough out of the political map of the names of every member who was to be a country. The bill was not introduced recipient in the distribution of the money, upon the principle of general reform, but There was, therefore, a frightful chasm in upon the principle of applying reform in the evidence, which it was in the power of any particular case in which palpable the House to supply by the examination malfeasance should be proved. Acting of the proper person. It might so happen upon this principle, there were three courses that Mr. Crompton had never given an of proceeding. * The first and most lenient order--that he had drawn the money for was that of punishing only particular indi- | a legitimate purpose; and, in that case,

“ That

S.

to pursue such

course.

the burgesses of Retford would be exone- had emanated from the committee, without rated from the imputation which now lay being struck with the direct evidence which upon them. It was the duty of the House was to be found in it of a palpable interfeto examine all parties who could elucidate rence of a Lord of Parliament; that Lord these facts. Could any person who had having paid the sum of 1,2001, into the read the evidence conceal from himself the Retford bank, to be applicable to those impression, that it was in Mr. Crompton's purposes into which the House was now power to supply the defect in the testi- inquiring. The House was looked up to mony

of Fox ? Could it be believed that as the guardian of the constitution ; but Fox had distributed the money, unless was it not undermining the constitution to there was some additional testimony to suffer the purchase of the votes of the confirm his statement, or remove the odium constituent body? It was impossible the under which the electors of East Retford House could terminate its inquiries on this laboured ? It was not necessary to refer to report. He would move, authorities to prove that it was competent Crompton, Esq. do, in his place, attend

It was not an the committee of the whole House, to unusual course for the House to order its whom the East Retford Disfranchisement members to attend, to undergo that exa- bill is referred.” mination which the course of justice, or the Mr. Alderman Waithman expressed his supply of facts, might render essential; he dissent from the greater part of the obsercould not consider that such an interroga- vations of the hon. member. He did not tion would press remarkably hard upon think any evidence was wanted to prove this hon. gentleman, because he could not general corruption in the borough. Some conceal from himself that the hon. gentle-hon, members had entertained doubts and man was abundantly sustained by example scruples which surpassed his comprehenand sympathy in the House; for it would sion. They seemed to forget things in be ridiculous to suppose that the hon. the evidence, that an unexceptionable witgentleman was the only person who had ness, named Thornton, had produced entered the portals of the House by the accounts as well kept as they could be in means which he was suspected to have any merchant's counting-house: there were used on this occasion. He, therefore, not only the sums paid, but all the persons disclaimed any personal feeling against the receiving the money. He thought this a hon. member ; but thus much he must say, most convincing fact

. The only circumthat we should be dealing out a most stance which made him feel any difficulty severe measure of justice, if it could so be in rejecting Mr. Crompton's testimony was, called, towards these unfortunate indivi- that the world would say that the House duals, many of whom were in the humblest acted inconsistently, if not unjustly, in condition of life, if while we exterminated treating persons of a bumble class in life their political rights for receiving the with great severity, for an offence which value of their rights (for it was nothing they overlooked when it was committed by more), we threw round the members of the one of its own members. He had no wish House the powerful and omnipotent shield to examine Mr. Crompton; for he wanted of parliament, to guard them from similar no further evidence to make up his judgexposition. There was another consider- ment; but he thought that the House ought ation to which he was desirous of calling to consider, whether it would not injure its the attention of the House. It ought to own character with the country if it failed be recollected that this report came down to command the attendance of that gentleexpressly recommended for the purpose of man. drawing attention to the peculiar facts dis- Mr. G. Bankes said, he would take that closed in it. A few weeks since, some of opportunity of informing the hon. member the standing orders of the House were cir- for Bletchingley, that he did not consider culated amongst the members, amongst the evidence, as it now stood, sufficient to which he read this :-“ That it was a high disfranchise the borough of East Retford. infringement of the liberties and privileges The evidence of Hannam varied materially of the Commons of the United Kingdom from that of Pickup; and he should wish for any Lord of Parliament to concern to have both those witnesses re-examined himself in the election of members to serve with a view of seeing whether the discrefor the Commons in parliament.” Could pancy in their evidence could be reconany gentleman have read the report which ciled. He also was of opinion, that the

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banker at Retford, Mr. Foljambe, should Crompton, and he could say from his own be examined. As the evidence stood at knowledge, that he was not in a state of present, it appeared that there were two health in which he ought to be examined. cases at the election in 1826, in which Mr. Crompton, therefore, required a delay promises of votes were given in conse- of two or three days. He had no intenquence of its being understood, from a de- tion whatever of avoiding any examination claration of Mr. Foljambe, that at the end which the House might think it was his of the election “all would be right,” mean- duty to meet. He reposed his honour ing thereby that a sum of money would be securely in the House, and having so repaid to the voters. Now it was material posed it, he was willing to undergo any to the present inquiry to know whether examination. At the same time, he enterthose two cases were true or not. Mr. tained great doubts as to the competency Foljambe had denied the truth of them of the House to put to him any questions before the committee up stairs, and it was which by their answers might involve him upon his evidence that that committee had in a criminal prosecution. So much he declared the sitting members not to have had thought it right to say on behalf of been guilty of bribery. He should there his hon. friend. He would now say a word fore wish to examine Mr. Foljambe on or two in his own person on the present mothis point at the bar of the House. There tion. He was not going to deny the right was also another point on which he consi- of the House to order Mr. Crompton to dered the attendance of Mr. Foljambe attend, but he thought the House was necessary; he meant with respect to that bound to consider the expediency of exerpart of the case which related to the cising that right. If the hon member for powerful influence which appeared behind Bletchingly, who had conducted this case Mr. Foljambe: that influence which had with the candour and the clearness of a advanced 1,2001. in two sums for the pur- lawyer, had closed it without thinking it poses of the last election. Mr. Foljambe expedient to call on Mr. Crompton to give had stated, that the sum of 1,2001. was all evidence, the House might be inclined to that he expected to receive from that pause before it did so, for no other purpose quarter for electioneering purposes. He than to gratify-he would not say the should like to ascertain whether that was spleen, for that would not be parliamentary, the case or not; because if it were, the but the curiosity of the hon. member for inference from it would be that the sum of Colchester, in matters with which that twenty guineas would not have been paid to hon. member had no business to interfere. the electors after the election, supposing Why was Mr. Crompton the only person that it had never been questioned. Pain- to be called to give evidence on this quesful as it might be to his feelings, he wished tion, when Mr. Osbaldeston and Mr. Evans, to have the attendance of Mr. Crompton who were equally implicated, were not at the bar, if it could be procured; but called ? Mr. Crompton had indiscreetly, he did not see that Mr. Crompton ought considering his situation, but still competo attend, if he felt a strong reluctance to tently as regarded his character as a memsuch a measure. He now gave notice, ber of parliament, proceeded to examine one that if Mr. Crompton should be ordered to of the witnesses produced on this inquiry, attend at the bar on a future day, he would and it was not till some dissatisfaction had move that Mr. Hammond, Mr. Pickup, been excited by the indiscretion of which and Mr. Foljambe, be ordered to attend on he was guilty, that the idea arose of exthe same day.

amining him. Under such circumstances, Mr. Sykes said, he merely rose to state he put it to the House to consider whether to the House the situation of Mr. Cromp- they ought to call Mr. Crompton to the ton. His hon. friend had intended to have bar. For his own part he would say that met the challenge of the hon. member for Mr. Crompton, if he were called upon to Colchester; but he was at present too appear there, would have reason to commuch indisposed to come down to the plain of a violation of that candour and House. He held in his hand a medical delicacy which he had a right to expect certificate from a gentleman of the highest would be shown him by his brother memcharacter in his profession, stating that bers. Mr. Crompton was so ill that he could not A Member, whose name we could not attend that night in his place without ex- learn, stated several circumstances to the treme danger. He had himself seen Mr. House, with a view of showing that there

a

was no occasion to call Mr. Foljambe to earliest opportunity into the examination the bar as a witness.

of the question and into a division upon Mr. Lumley considered that there was its merits. He regretted the delays which no necessity for examining Mr. Crompton. had taken place, and considered them exMr. Tennyson said, that the question tremely disadvantageous.

At the same of the propriety of calling Mr. Foljainbe time, he was sure that if the House was as a witness to the bar had been so ably not tired of these examinations, the further disposed of by the hon. gentleman on the they were continued the clearer they would other side, that he felt himself excused show the corruption of the borough. from the necessity of saying a word upon Mr. Secretary Peel said, that on the the subject. Under the peculiar circum- subject of the examination of their memstances in which that gentleman was placed, bers in the manner proposed, the informahe felt that he should not be justified in tion furnished by the current of authorities summoning him as a witness before them. was rather of a complex kind. No comWith respect to the observations which his mittee had, he thought, a power to origihon. and learned friend had made upon nate a motion for the examination of any Mr. Foljambe's connexion with a part of witness whether he were a member or not, the case proved before the committee up without receiving an order from the Hcuse. stairs, all he had to say was this, that the Among the authorities, there were several conduct of earl Fitzwilliam, as there dis- instances of orders for the examination of closed, had no bearing whatever on the witnesses, with the superadded words, case which he had undertaken to lay " if they should think fit.” On the whole, before the House. If his hon. and learned however, he was disposed to assume, that friend had any charge to make against that the House, if it pleased, had the power to noble individual, it was for his hon. and examine members as witnesses in any busilearned friend to bring it forward as a sub- ness before them. He knew that there stantive charge against a peer of parliament. were instances of members having at first As he had been obliged to touch upon the refused to be examined, but who had subconduct of earl Fitzwilliam, he thought it mitted after some wavering ; in no instance mere justice to the character of that illus- had the House proceeded, as far as he trious nobleman to add, that though it had could learn, to commit to the Tower in appeared that he had advanced 1,2001. for case of a refusal. For his own part, being the purpose of that election, it did not satisfied on the point to which alone he appear that he had advanced it for any thought Mr. Crompton could be examined, corrupt purposes.

It was advanced for he saw no necessity for calling upon that the defrayment of those legitimate ex- hon, member. Still, as this was a case in penses

which every body knew were allowed which they had to decide judicially, and at elections; and he must say, that he where their decision ought alone to be saw no harm in a peer's advancing 1,2001. founded upon the uninfluenced operation for the payment of the legitimate expenses of their consciences, he would yield his of his nephew's return to parliament. Such opinion, should it appear that any number being the position in which earl Fitzwilliam of hon. members were anxious to have stood, he thought that his hon. and Mr. Crompton examined. He cared little learned friend would have done better if for the prevalence of any feeling elsewhere, he had not alluded to it. No one looked that they would be disposed to screen one with greater jealousy than he did to the of their own members : all he should ask interference of peers at elections; and, as himself was, ought this particular course a proof of it, he would refer to his own to be taken? Because, if he felt it ought, conduct some years ago, when he brought he would do it, regardless of popular imunder consideration the proceedings of the pressions. If many hon. members were duke of Marlborough at an election for desirous of examining Mr. Crompton, then Oxford.--As to the motion, for the attend- he thought it quite clear that in the course ance of Mr. Crompton, he had only a of such examination no question should few words to say." It was indifferent to be put which could expose the witness to him how far the House might proceed in penalties, or to his being placed in an units examinations. He thought he had al- favourable situation elsewhere. The ex. ready made out a case amply sufficient to amination should not be conducted with justify the House in disfranchising this bo- any view of criminating the hon. member rough. He was most anxious to go at the himself, but solely for the purpose of

a

ascertaining in what degree the borough the House. That no member was priviof East Retford had been corrupt, and leged to disobey the resolution of the whether it ought to be disfranchised. It House, was proved in the instance of three had been already proved by Fox, that members who were concerned in the 2,8401. had been lodged in a bank to pay South Sea Company. They had objected the electors. It was to that point only on the ground of their oaths of office, and that Mr. Crompton could be interrogated; those oaths they had taken as members of and as they had the information already, the Privy Council, but the House overwhat necessity was there of having it re- ruled the plea, and on the report of the peated ? However, if any hon. member committee, they were committed to the thought the evidence material to add custody of the Serjeant at Arms. That a link to the chain, he certainly would not was going as far in the way of compulsion oppose it.

as the House could well do. There could Mr. Wynn thought there was not a be no doubt as to the authority of the shadow of doubt as to the power of the House over its members : it must be comHouse to direct the examination of a mem- plete, or its proceedings might be totally ber. In a committee of the whole House, paralysed. With regard to the question every member had a right to put such before the House, he did not see any nequestions as he thought fit to any other cessity for acceding to the motion. He member. In this instance, he did not see would always object that any witness sufficient grounds for the delay which should criminate himself, unless it was would result from Mr. Crompton's exami- absolutely necessary to the ends of justice. nation, and, therefore he should vote It had been suggested that some indi. against it. At the same time he proceeded vidual might be present not belonging to only on the impressions of his own mind; the House, who might hear this evidence and if he thought there were many and give it afterwards in testimony before members who wished to hear the evi- some court of justice. But no court, he dence of Mr. Crompton, he would vote was sure, would admit hearsay evidence of for his examination. As he considered what had passed at the bar of that House. it most important that every thing con- The only satisfactory evidence in a court cerning the power of the House should be of justice would be the short-hand minutes clearly understood, he would repeat, that of that evidence taken by order of the he was clearly of opinion, that in a com- House, but there was no danger that that mittee of the whole House, every member evidence would ever be produced before had a perfect and unquestionable right to any court of justice. He was aware there examine any other member, without any some inconvenience not resulting fresh orders from the House. In the case directly from the evidence, but which of colonel Wardle, on the charges against might flow from it as a probable consethe duke of York, no order had been quence in some cases ; and that was, that made that he should attend in his place; the evidence itself, though it could not but being called upon to answer some be produced against the party, might lead question, and having objected that one to the discovery of other testimony inmember of the committee should call on jurious to him. On that ground, bills had another, lord Colchester, then Speaker of been sent down from the other House, the House, sitting as a member of the in some cases, to indemnify the witnesses committee, stated, that no member could generally against all penalties and forrefuse to be examined before a committee feitures they might have incurred by of the whole House. But it was said, reason of any act of which they might give suppose the member should object, the credence. He thought that principle so committee had no power to enforce his just and reasonable, that he wished to see attendance. The committee could do in it extended to all cases of inquiry before this case what they could do in any other either the House of Parliament, or any similar instance. They would report the committee of either. fact to the House, and obtain its inter- Mr. Secretary Peel said, there was not ference. This was the course they always a shadow of difference between his right followed. In the cases of the witnesses hon. friend and himself as to the power who had been guilty of prevarication and of the House to compel the attendance of false evidence in this investigation, the any member to be examined before a comcommittee had invoked the authority of I mittee. The result of his inquiry was

was