Ten Thousand a-Year. Volume 3. Samuel Warren. Читать онлайн. Newlib. NEWLIB.NET

Автор: Samuel Warren
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these deliberative, and JUDICIAL occasions—that on every name being called, there were sounds heard, and symptoms witnessed, indicative of eager delight or intense vexation. Now, on the present occasion, it would at first have appeared as if some unfair advantage had been secured by the opposition; since five of their names were called, to two of those of their opponents; but then only one of the five answered, (it so happening that the other four were absent, disqualified as being petitioned against, or exempt,) while both of the two answered!—You should have seen the chagrined faces, and heard the loud acclamations of "Ts!—ts!—ts!" on either side of the House, when their own men's names were thus abortively called over!—the delight visible on the other side!—The issue long hung in suspense; and at length the scales were evenly poised, and the House was in a state of exquisite anxiety; for the next eligible name answered to, would really determine which side was to gain or lose a seat.

      "Sir Ezekiel Tuddington"—cried the Speaker, amid profound and agitated silence. He was one of the opposition—but answered not; he was absent. "Ts! ts! ts!" cried the opposition.

      "Gabriel Grubb"—This was a ministerial man, who rose, and said he was serving on another committee. "Ts! ts! ts!" cried the ministerial side.

      "Bennet Barleycorn"—(opposition)—petitioned against. "Ts! ts! ts!" vehemently cried out the opposition.

      "Phelim O'Doodle"–

      "Here!" exclaimed that honorable member, spreading triumph over the ministerial, and dismay over the opposition side of the House; and the thirty-three names having been thus called and answered to, a loud buzz arose on all sides—of congratulation or despondency.

      The fate of the petition, it was said, was already as good as decided.—The parties having retired to "strike"3 the committee, returned in about an hour's time, and the following members were then sworn in, and ordered to meet the next morning at eleven o'clock:—

      And the six, of course, on their meeting, chose the chairman, who was a sure card—to wit, Sir Caleb Calf, Bart.4

      Mr. Delamere's counsel and agents, together with Mr. Delamere himself, met at consultation that evening, all with the depressed air of men who are proceeding with any undertaking contra spem. "Well, what think you of our committee?" inquired, with a significant smile, Mr. Berrington, the eloquent, acute, and experienced leading counsel. All present shrugged their shoulders, but at length agreed that even with such a committee, their case was an overpowering one; that no committee could dare to shut their eyes to such an array of facts as were here collected; the clearest case of agency made out—Mr. Berrington declared—that he had ever known in all his practice; and eleven distinct cases of BRIBERY, supported each by at least three unexceptionable witnesses; together with half-a-dozen cases of TREATING; in fact, the whole affair, it was admitted, had been most admirably got up, under the management of Mr. Crafty, (who was present,) and they must succeed.

      "Of course, they'll call for proof of AGENCY first," quoth Mr. Berrington, carelessly glancing over his enormous brief; "and we'll at once fix this—what's his name—the Unitarian parson, Muff—Muffin—eh?"

      "Mudflint—Smirk Mudflint"–

      "Aha!—Well!—we'll begin with him, and–then trot out Bloodsuck and Centipede. Fix them—the rest all follow, and they'll strike, in spite of their committee—or—egad—we'll have a shot at the sitting member himself."

      By eleven o'clock the next morning the committee and the parties were in attendance—the room quite crowded—such a quantity of Yatton faces!—There, near the chairman, with his hat perched as usual on his bushy hair, and dressed in his ordinarily extravagant and absurd style—his glass screwed into his eye, and his hands stuck into his hinder coat-pockets, and resting on his hips, stood Mr. Titmouse; and after the usual preliminaries had been gone through, up rose Mr. Berrington with the calm confident air of a man going to open a winning case—and an overwhelming one he did open—the chairman glancing gloomily at the five ministerials on his right, and then inquisitively at the five opposition members on his left. The statement of Mr. Berrington was luminous and powerful. As he went on, he disclosed almost as minute and accurate a knowledge of the movements of the Yellows at Yatton, as Mr. Gammon himself could have supplied him with. That gentleman shared in the dismay felt around him. 'T was clear that there had been infernal treachery; that they were all ruined. "By Jove! there's no standing up against this—in spite of our committee—unless we break them down at the agency—for Berrington don't overstate his cases," whispered Mr. Granville, the leading counsel for the sitting member, to one of his juniors, and to Gammon; who sighed and said nothing. With all his experience in the general business of his profession, he knew, when he said this, little or nothing of what might be expected from a favorable election committee. Stronger and stronger, blacker and blacker, closer and closer, came out the petitioner's case. The five opposition members paid profound attention to Mr. Berrington, and took notes; while, as for the ministerials, one was engaged with his betting book, another writing out franks, (in which he dealt,) a third conning over an attorney's letter, and two were quietly playing together at "Tit-tat-to." As was expected, the committee called peremptorily for proof of Agency; and I will say only, that if Smirk Mudflint, Barnabas Bloodsuck, and Seth Centipede, were not fixed as the "Agents" of the sitting member—then there is no such relation as that of principal and agent in rerum naturâ; there never was in this world an agent who had a principal, or a principal who had an agent.—Take only, for instance, the case of Mudflint. He was proved to have been from first to last an active member of Mr. Titmouse's committee; attending daily, hourly, and on hundreds of occasions, in the presence of Mr. Titmouse—canvassing with him—consulting him—making appointments with him for calling on voters, which appointments he invariably kept; letters in his handwriting relating to the election, signed some by Mr. Titmouse, some by Mr. Gammon; circulars similarly signed, and distributed by Mudflint, and the addresses in his handwriting; several election bills paid by him on account of Mr. Titmouse; directions given by him and observed, as to the bringing up voters to the poll; publicans' bills paid at the committee-room, in the presence of Mr. Titmouse—and, in short, many other such acts as these were established against all three of the above persons. Such a dreadful effect did all this have upon Mr. Bloodsuck and Mr. Centipede, that they were obliged to go out, in order to get a little gin and water; for they were indeed in a sort of death-sweat. As for Mudflint, he seemed to get sallower and sallower every minute; and felt almost disposed to utter an inward prayer, had he thought it would have been of the slightest use. Mr. Berrington's witnesses were fiercely cross-examined, but no material impression was produced upon them; and when Mr. Granville, on behalf of the sitting member, confident and voluble, rose to prove to the committee that his learned friend's case was one of the most trumpery that had ever come before a committee—a mere bottle of smoke;—that the three gentlemen in question had been no more the agents of the sitting member than was he—the counsel then on his legs—the agent of the Speaker of the House of Commons, and that every one of the petitioner's witnesses was unworthy of belief—in fact perjured—how suddenly awake to the importance of the investigation became the ministerialist members! They never removed their eyes from Mr. Granville, except to take notes of his pointed, cogent, unanswerable observations! He called no witnesses. At length he sat down; and strangers were ordered to withdraw—and 'twas well they did: for such an amazing uproar ensued among the committee, as soon as the five opposition members discovered, to their astonishment and disgust, that there was the least doubt among their opponents as to the establishment of agency, as would not, possibly, have tended to raise that committee, as a judicial body, in public estimation. After an hour and a half's absence, strangers were readmitted. Great was the rush—for the fate of the petition hung on the decision to be immediately pronounced. As soon as the counsel had taken their seats, and the eager, excited crowd been subdued into something like silence, the chairman, Sir Caleb Calf, with a flushed face, and a very uneasy expression, read from a sheet of foolscap paper, which he held in his hand, as follows:—

      "Resolved—That the Petitioner's


<p>3</p>

For this purpose each party, attended by their counsel, agents, and political friends, immediately withdrew to separate rooms, to fix upon the eleven names which they would strike off. Having done this, they met in a third room, before an officer of the House; and struck off name by name alternately, till the thirty-three were reduced to eleven.—This process was called "Knocking out the brains of the Committee:" for as each party's object was to get rid of a decided and known political opponent, the abler and more eminent he was, the greater the necessity for getting rid of him. Those left were the more obscure members of the House.

<p>4</p>

The process of forming an election committee, as described in the text, fell several times under the author's personal observation—in his professional capacity—as late as till within the last five years, [this note being written in 1845.] It was prescribed by a statute, which since its enactment has been repeatedly amended and re-enacted, known by the name of "The Grenville Act," (stat. 10 Geo. III. c. 16.) It was long regarded as a very masterly and successful mode of securing an impartial committee. Thus speaks of it, for instance, Mr. Justice Coleridge, in a note to his edition of Blackstone's Commentaries, (Vol. i. p. 187, note 31:)—"This statute is justly celebrated for the wisdom and utility of its provisions. One of its principal objects is, to secure a fair election of petition committees." This eulogy was penned in the year 1825; but even admitting it to have been then justified by the working of the system, its defects became subsequently the object of universal regret and reprobation. For some years subsequently to the passing of the Reform Bill, this constitution of election committees—depicted in the text with rigorous fidelity—led to intolerable abuse, and merited scandal and reproach. In the year 1844, after a previous ineffectual remodelling of the system, was passed statute 7 and 8 Vict. c. 103, entitled "An Act to amend the law for the trial of controverted elections of members to serve in Parliament," (passed 9th August 1844,)—which created an entirely new system for the selection of these committees—of which the following is an outline.—At the beginning of every session, the Speaker appoints a "general Committee of Elections," consisting of six members, who must be approved of by the House—and then their appointment continues to the end of the session. A list is then made of all the members of the House, liable to serve on election committees, which is referred to this general committee; and they select from it a certain number, not exceeding twelve, whom they deem qualified to act as chairmen of election committees; and who are thereupon neither liable, nor eligible, to serve as private members of such committees. This body is called "the Chairmen's Panel." The remaining members of the House, liable to serve, are then divided into five panels, of equal numbers; and the order in which these five panels are to serve, is decided by lot, openly, by the clerk of the House, at the table.—All election petitions are then referred to the general committee, whose duty it is to select from the five panels, according to the order in which they may have been drawn, FOUR members, who are to serve as a select committee to try the petition referred to them, in the order in which that petition may happen to stand in the list of petitions—which is to be framed according to the provisions of the Act in question. On the same day on which the general committee thus choose the private members of the committee, but without knowing who have been so chosen, the members of the chairmen's panel select one of their number to act as chairman of the select committee; returning his name to the general committee, as soon as the latter shall have informed the chairmen's panel that the four members have been chosen. When all these arrangements have been completed, the parties in attendance are called into the House, and the names of the chairman and the four members read over to them; whereupon they withdraw, and this committee of FIVE then proceed, in due course, to try the petition. If, through illness, or other allowed excuse, the number should be reduced from five to less than three, the committee is dissolved—unless the parties choose to go on with two members, or even ONE, who in such case will lawfully constitute the committee.—Such is the scheme, devised with anxious ingenuity, which has recently been adopted by the legislature, for the all-important purpose of securing impartial election committees. That it is a vast improvement on the system described in the text, seems certain; but what will be its practical working, time alone can show.