Gambar halaman
PDF
ePub
[blocks in formation]

abandoned it with pleasure.-The bill was then read a second time, and ordered to be committed. The original proposition which had been made by ministers, for giving the prince of Wales an annuity of 60,000l. per annum for three years was the final settlement of this important business for in a few days after, an event took place, which caused the Prince to signify to the House by Mr. Erskine, his chancellor, that he could not think at such a time, of increasing the burthens of the country; and that he was perfectly satisfied with what parliament had done.

Debate in the Commons on the Notting ham Election Bill.] March 16. Mr. Hawkins Browne, from the select committee who were appointed to try and determine the merits of the petition of Daniel Parker Coke, esq., and also of the petitions of the several other persons, complaining of an undue election and return for the town and county of the town of Nottingham, informed the House, that the said select committee have determined that Joseph Birch, esq. and Daniel Parker Coke, esq., are not duly elected; and that the last election for Nottingham is void, with respect to one of the burgesses to serve in parliament for the same.And also, that the said petitions, and the opposition of Joseph Birch, esq. thereto, did not appear to the said committee to be frivolous or vexatious.

Mr. Hawkins Browne also acquainted the House, that the said select committee had come to the following Resolutions:

The Prince of Wales's Annuity bill passed the Commons on the 7th. On the 14th it was read a second time in the House of Lords; previously to which lord Pelham made some observations on the length of time, the prince had lived in a state of comparative obscurity; and the universal wish that seemed now to pervade the House, and the public, that he should be relieved from his difficulties. Lord Moira stated, that on account of debts, which the Prince found binding upon him, both in honour and in justice, he was prevented even now from resuming his state and dignity; but felt grateful to parliament, and content with the allowance they had made him; and had instructed his counsel to drop the proceedings respecting the duchy of Cornwall. The Earl of Carlisle felt, that this provision was not sufficient to enable his Royal Highness to resume his state; but in the present circumstances of the country, he 1. That it appears to this committee, thought no more could be done. The that John Allen, being the returning Earl of Darnley was of the same opinion, officer at the last election for Nottingham, but did not consider the situation of the acted contrary to his duty in opening a country so perilous as to justify despond- poll, and proceeding to take the votes of ency. The Duke of Norfolk thought the electors for the period of about an hour, allowance for the Prince insufficient; and and until forty-four electors had polled, that a person of his elevated rank in the there being, during the whole of that state, ought not to be left in a situation, time, no third candidate. 2. That after where he was eclipsed by many lords and the first day of the said election, the commoners. Lord Caernarvon disapproved freedom of the election was grossly vioof the bill, as inadequate to its object, and lated, by disturbances and riots, accom as unconstitutional, in getting rid of the panied with personal intimidation and Cornwall claims, which was a civil list violence, practised and continued during debt, without any inquiry. The Earl of the six subsequent days of polling. 3. Moira denied that the abandonment of That the petitioner D. P. Coke, esq., the Cornwall claims was at all the effect after sustaining several insults, and sufferof a compromise: his Royal Highness had ing personal violence, was obliged, from made that claim for the benefit of his cre- the just apprehension of hazard to his ditors, but when he found that the allow-life, to leave the place, and could not ance now proposed would enable him to venture to return; and that a large numsatisfy his debts, without recurring to it, he ber of electors in his interest were de

terred from exercising their franchise of voting. 4. That John Davison, the mayor, and Joseph Oldknow, and Thos. Oldknow, two of the aldermen of Nottingham, took no effectual means to preserve the freedom of election, or restore it when so violated, or to punish the offenders. 5. That it appears to this committee, by an entry in the corporation book of Nottingham, that at a common hall, held on Thursday the 8th of January last past (after reciting the petitions referred to this committee), it was

Resolved, that this corporation will defray all such legal expenses as have already been, or shall hereafter be incurred by them the said J. Davison, J. Oldknow, T. Oldknow, and J. Allen, or either of them, or George Coldham, under their direction, in preparing for, or making their defences; and that the chamberlains for the time being be < hereby authorized and directed, from time to time, to advance Mr. Coldham all and every such sum and sums of money as may be necessary for this purpose.'

[ocr errors]
[ocr errors]

pose, that they were completely intimidated, and thereby prevented from polling for the said D. P. Coke.-That the said John Davison, the mayor, John Allen, the sheriff, T. Oldknow and J. Oldknow, two of the aldermen of the said town, and who, by virtue of their offices, were magistrates, frequently attended on the hustings, and were repeatedly applied to, to preserve the peace of the place, and the freedom of election; but the said magistrates took no effectual steps to prevent any of the 'violent or illegal acts which took place at the said election.'-5. That the said A. Foxcroft stated to those who signed that petition, that it was a petition for those who would have voted for Mr. Coke, but he admitted that the major part of them were not acquainted with the allegations against the magistrates and sheriffs, and that about sixteen of those who signed the petition were, to his knowledge, not at Nottingham at the time of the election."

The said report was ordered to be taken into consideration on the 20th of April; and Mr. Speaker was directed not to issue his warrant for a new writ.

April 20. The House proceeded to take the said report into consideration. The first resolution was postponed; the second, third, and fourth were agreed to; and the subsequent ones were postponed. After which,

It appearing that the mayor and aldermen have, by charter, an exclusive jurisdiction within the town and county of the town of Nottingham, and the committee thinking it highly expedient to provide some better security than is likely to be provided by the corporation of Nottingham, to preserve the peace within the said town and county thereof, and to prevent the repetition of the same disgraceful scenes; Resolved, 1. "That it is the Mr. Hawkins Browne recapitulated the opinion of this committee, that the House circumstances of the shameful riots which be moved for leave to bring in a bill to give had been permitted to go on in Nottingthe magistrates of the county of Notting- ham during the late election, not only to ham concurrent jurisdiction with the ma- the alarm of the peaceable inhabitants gistrates of the town and county of the and the personal injury of many indivitown of Nottingham. 2. That unless duals, but to the total violation of every such or some other measure to the like thing like the freedom of election. Wheeffect be taken previously to the next ther those riots proceeded from a neglect election for Nottingham, there is no rea- of duty on the part of the magistrates, or sonable hope that a free election can be from the inadequacy of the powers vested had. 3. That the evidence adduced be- in their hands, it would not now be relevant fore this committee be laid before the to inquire; it was obvious, however, that House for its consideration. 4. That it some step was necessary on the part of the appears to this committee, that Alexander House, in order to prevent the recurrence Foxcroft was employed to procure signa- of such shameful disgraces. The purport tures to one of the petitions referred to of the bill, which he should move for leave this committee, namely, that signed by to introduce, would be to appoint such 537 petitioners, and containing the fol- officers to act in aid of the civil power lowing allegations: That at the said during every future election, and to give election they had determined to poll for such jurisdiction to the magistrates and the said D. P. Coke, but that such was the county at large, as should more effectuthe violence of the mob, systematically ally tend to preserve the peace of that ' regulated and conducted for the pur-town and its vicinage; and to preserve

the freedom of election. He then moved, "That leave be given to bring in a bill for the more effectually preserving the peace, and securing the freedom of election in the town of Nottingham."

that of calling in a military force. He had heard an instance quoted by a very eloquent member of this House, of an election carried on at Brussels, within a hollow square of the French army; but he trusted never to hear of an election for a member of that House carried on upon such principles.

them for it; the obvious meaning of which was, that the land, garden, orchard, cattle, or any out-door property of the party liable to depredation, was sure to be despoiled or plundered; and this passed without any material interference of the magistrates. He wished, therefore, to see the jurisdiction extended to the magis

of the posse comitatus might be resorted to. He could not conceive upon what ground the hon. member who spoke last gave his opposition to a measure so necessary.

Mr. Pierrepont bore his testimony to the shameful state of riot and outrage in which he himself found that town, on his visit there during the election; a state of Mr. Bond coincided with those who riot and outrage so utterly uncontrollable had stated the shameful riots which by the civil power, as to render the inter- existed at Nottingham during the election, ference of a military force absolutely to which he was himself a witness, and indispensable. Such proceedings were many atrocious instances of which he renot only violatory of the freedom of elec- capitulated; particularly, that a cant tion, but dangerous to the lives of the phrase was in common use, by which peaceable inhabitants, and disgraceful to every person whose conduct or principles a civilized country. The magistrates he were held obnoxious to the opinions of a would not charge with actually encourag- self-appointed tribunal of the Nottingham ing the rioters, but he would state, that mob, was threatened with a complaint to they stood by as idle and indifferent spec-" punch;" or that "punch," would visit tators, without making due exertions for the suppression of those riots. He, therefore, most cordially approved of the bill. Mr. Fox said, that whatever measure the House should think fit to adopt on this occasion, he trusted they would not be satisfied to support it upon mere assertion, however respectable the quarter the information came from. If what was al-trates of the county at large, that the aid leged by the hon. gentleman was founded, then were the committee most grossly defective in their duty. But if he was to form his opinion upon the evidence before that committee, he could find no such charge substantiated. On the contrary, those magistrates deserved thanks, for having done every thing in their power April 25. Mr. Fox presented a petition to preserve the peace, without having the against the bill, from the mayor and cordesired effect. It appeared that they had poration of Nottingham, who stated, that given every aid which the civil power it would be a virtual censure upon, and could possibly afford; and if that was un-degradation of, the corporation, without successful, the fault was not theirs. The chief charge against the mayor was, that he was averse to seeing the election booth surrounded by a military force, and the electors constrained to give their votes under the intimidating influence of a body of armed soldiers; a thing which must be allowed directly to militate against the letter and spirit of every election act, and of the British constitution itself. It appeared also, on the minutes of the committee, that an uncontrollable spirit of riot had prevailed upon former elections in that town. Therefore, though he fully agreed that some bill was necessary, he could not see the justice of implicating the magistrates. But whatever measure was adopted, he trusted that no power of so obnoxious a nature would be given, as [VOL. XXXVI.]

Leave was given to bring in the bill.

any imputation of delinquency; and a violation, in the persons of the magistrates, of those rights and privileges, which Nottingham had enjoyed for nearly 400 years.

April 29. On the order of the day for the second reading, Mr. Serjeant Lens appeared at the bar, and was heard against the bill. After which, the bill was read a second time.

Mr. Hawkins Browne said, that the evidence not only proved that dreadful riots took place during the last election, but on all similar occasions in that town. The bill went to put an end to those scenes of disorder. He did not see a single evil that could arise from the bill, and should therefore move, that it be committed on Monday.

[4K]

Mr. Henderson said, that the object of the bill seemed to be to increase the magistrates of Nottingham. It was, in effect, to annul its charter. Now, by the 27th Hen. 8th, c. 24, the crown had the sole right of appointing justices. Though Nottingham was locally situated in the county of Nottingham, it was, by its charter as distinct from it as the county of York. The proper mode of attaining the end of the bill appeared to him to be, to bring in a bill to enable his majesty to repeal so much of the charter of Nottingham as gives an exclusive jurisdiction to the corporate magistrates; and thence, by the common law, the county magistrates would have a right to exercise jurisdiction in the town.

Mr. Fox entered into a defence of the Nottingham magistracy, and protested against the use of the word lenity,' as applied to those gentlemen-it was insult ing and unjust. They were ready to answer any charges that could be brought forward. They desired to know the nature of their guilt, if any could be alleged, and the degree to which they were guilty? But this was not done. They were not to be taken before any legal tribunal; but they were to suffer, from a kind of punish ment which excluded trial and defence. Did they request not to be prosecuted? No. Did they try to elude legal punishment? No. Why, then, talk of lenity? Those respectable magistrates were thus slandered by implication, and without any specific evidence to justify it. He wished the investigation of their character should be left to the laws, that if they had neglected their duty, they should be brought to the bar of the court of King's-bench; but that they should not be attacked in the smooth and lenient style in which some gentlemen had dealt. It was the duty of the committee to have ascertained and stated the degree of guilt which attached to the magistracy; it should not have expressed any doubt on the subject. The justice and dignity of parliament should forbid it. He would only ask of gentlemen to take a candid review of the conduct of the magistrates of Nottingham for some years back. It was perfectly true, that they had in many instances, like prudent men, yielded to some inconveniencies, rather than by resistance expose themselves to still greater. There existed in that town, two parties exceedingly hostile to each other the Old Whigs and the Tories. The latter party, favourable to

the views of government, had been in the habit of calumniating all its opponents, and particularly the corporation of the town. The house and mills of Mr. Davison, a most respectable gentleman, were attacked-so were the house and person of Mr. Oldknow; and they were obliged to endure it. The power of government was not with them. Those riots, how. ever, provoked no legislative interference. The impotent corporation was left to suffer. There was no party spirit to induce any bill for their protection; but, in 1802, a pressing necessity for this important innovation on an old charter, is found to exist, in order, as it is professed, to secure the freedom of election. The bill went to establish a precedent for the invasion of ancient charters-to take from the people the appointment of their magistrates. It was not a measure merely drawn to meet and repress riots; but to give to magistrates appointed by the crown a concurrent jurisdiction with that of the corporation; and for the purpose, too, of giving a triumph to that party in the town which had never been found backward in rioting. This was the first case in which a popular tumult in any corporation town was made a pretence for invading the privileges of that corporation. As a proof of the police of this town, he would ask any of the judges who had gone that circuit for the last ten years, whether they knew of any town where a smaller number of crimes had been committed? Though during that space of time this town was under the government of some of the most enlightened men in the country, they were condemned to suffer from popular fury more severely, perhaps, than the members of any other party; but yet things went on as smoothly as in other towns agitated by opposite political parties, until the late election, when two candidates appeared; and if the sheriff had immediately returned them, or rather if Mr. Coke had not delayed in order to register some freemen, the House would have heard nothing of this bill. It is said that the magistrates did not give a due opposition to the riots which took place during the election; but it did not appear, in the minutes of the committee, that they were in any instance culpable. Did they refuse to do any thing which the friends of Mr. Coke requested? No; except that of calling in the military to surround the booth, not to secure the freedom of election, but ta

dictate to the electors. Let them be charged with rejecting the application to make it a military election, and try the event; but don't let them be the victims of loose, indefinite accusations. What remedy could be derived from the interference of county magistrates in case of riots? What means could they employ different from, or better than, those in the power of the corporation? Was it supposed that the mere increase of the number of magistrates would answer; or was it proposed to call in the posse comitatus of the county to preserve the peace? Of this he could not approve; the bill, however, would be much less objectionable, if it authorised the interference of county magistrates only in case of riots. It did not follow, because on such occasions their assistance might be necessary, that therefore they were to participate in the whole municipal jurisdiction of the town. This would be a deviation from the old established policy of this country; for it would enable the magistrates of the king's appointment to rule over the magistrates of the people's election. It would be extending that dangerous power of the crown-dangerous he would call it, and the history of the nation had shown the danger of it, for the first attack of all those who meditated the subversion of British liberty was upon corporate towns, upon those charters which formed the best security of popular rights, and the most effectual control on ministerial power. Nottingham was about to lose its privileges for exercising its control. The independent spirit of its corporation was to be the cause of that privation. It was mockery to attribute it to riots; for riots had happened in almost every corporate town; and was that to be received as a reason for invading charters? Was it to be said," because the peace of your town has been disturbed by an election riot; your corporate rights shall be done away, and we shall give the government of your town to the king's magistrates." Such was the language of the bill before the House. The provisions of this bill would not be quite so bad if they applied to riots only; if they were confined to that, yielding to bad times and to bad principles, he perhaps, though he would not like it, might not oppose it; but in its present shape it was utterly inconsistent with his ideas of justice or constitutional freedom.

Mr. Bond said, that the operation of the

bill was not, to create any magistracy, but to extend the authority of a magistracy already created; and that an act of parliament may do this, without any invasion of the prerogative of the crown, he had many analogous cases to show. The preamble of the bill did not merely state the late riots at Nottingham, but took notice of many former riots; and the single question now propounded to the House, was, whether they should apply a remedy to that evil? If any member on reading the whole of the evidence, would say that the mayor of Nottingham deserved praise, he had a temper and a mode of thinking not to be envied. The magistrates of Nottingham were crimi nally responsible for their conduct at the late election; but there were many material circumstances of extenuation in their case; and therefore, it was his wish, that lenient measures should be adopted; but if he could have no remedy such as this bill proposed, he must pursue these magistrates as criminals. With regard to the justice of the case, he would inquire, whether this was an invasion of the rights of any parties? and if it was, whether it was strictly necessary? Confining the right of election to a few, might render that right valuable; but it was not for the value of it to a magistrate that the power was given to him; it was for the advantage of the place where he was to act; and if that advantage was not accomplished by the office being properly filled up, the interference of that House was necessary. This was particularly the case of corporations: from the nature of their constitutions, if their magistrates did not properly fill up their situations, they became a blot upon the character; for the inhabitants of a chartered corporation had none of the common privileges of another place. They were not like common subjects. To cure the evil of their magistrates' inefficiency, they had no advantages but their charter, which, if their magistrates did not do their duty, they could not enjoy; so that they might be said to be left out of the reach of the law. This was the case of the town of Nottingham. The truth was, that at Nottingham, they were used to riots. This was not only the case at an election for a member of parliament, but of every election whatever. It had been said, that the magistrates of Nottingham had received the thanks of the judges once; now, he had information that riots often happened

« SebelumnyaLanjutkan »