The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Textual Introduction
• Public and Parliamentary Speeches 1850–1873
• November 1850 to July 1865
• 1.: Secular Education After 4 November, 1850?
• 2.: Cooperation 28 March, 1864
• 3.: Corruption At Elections 4 April, 1864
• 4.: Hare’s Plan For the Metropolis 10 April, 1865
• 5.: The Westminster Election of 1865 [1] 3 July, 1865
• 6.: The Westminster Election of 1865 [2] 5 July, 1865
• 7.: The Westminster Election of 1865 [3] 6 July, 1865
• 8.: The Westminster Election of 1865 [4] 8 July, 1865
• 9.: The Westminster Election of 1865 [5] 10 July, 1865
• 10.: The Westminster Election of 1865 [6] 10 July, 1865
• 11.: The Westminster Election of 1865 [7] 12 July, 1865
• February to August 1866:
• 12. The Cattle Diseases Bill [1] 14 February, 1866
• 13.: The Cattle Diseases Bill [2] 16 February, 1866
• 14.: Suspension of Habeas Corpus In Ireland 17 February, 1866
• 15.: Representation of the People [1] 12 April, 1866
• 16.: Representation of the People [2] 13 April, 1866
• 17.: Representation of the People [3] 16 April, 1866
• 18.: The Malt Duty 17 April, 1866
• 19.: Inclosure of Hainault Forest 25 April, 1866
• 20.: Representation of the People [4] 26 April, 1866
• 21.: Chichester Fortescue’s Land Bill 17 May, 1866
• 22.: Representation of the People [5] 31 May, 1866
• 23.: The Ministerial Crisis 23 June, 1866
• 24.: The Jamaica Committee 9 July, 1866
• 25.: Electoral Franchise For Women 17 July, 1866
• 26.: The Disturbances In Jamaica [1] 19 July, 1866
• 27.: The Reform Meeting In Hyde Park [1] 19 July, 1866
• 28.: W.e. Gladstone [1] 21 July, 1866
• 29.: The Reform Meeting In Hyde Park [2] 24 July, 1866
• 30.: The Value of Land 25 July, 1866
• 31.: The Reform Meeting In Hyde Park [3] 26 July, 1866
• 32.: The Reform Meeting In Hyde Park [4] 30 July, 1866
• 33.: The Disturbances In Jamaica [2] 31 July, 1866
• 34.: The Reform Meeting In Hyde Park [5] 2 August, 1866
• 35.: Public Health 2 August, 1866
• 36.: The Extradition Treaties Act [1] 3 August, 1866
• 37.: The Extradition Treaties Act [2] 4 August, 1866
• 38.: The Naval Dockyards 4 August, 1866
• 39.: The Extradition Treaties Act [3] 6 August, 1866
• 40.: The Disturbances In Jamaica [3] 10 August, 1866
• 41.: The Lord Chief Baron 10 August, 1866
• February to August 1867
• 42.: Political Progress 4 February, 1867
• 43.: Goldwin Smith 4 February, 1867
• 44.: The Royal Commission On Trades’ Unions 15 February, 1867
• 45.: The Metropolitan Poor Bill [1] 8 March, 1867
• 46.: The Straits Settlements 8 March, 1867
• 47.: The Metropolitan Poor Bill [2] 8 March, 1867
• 48.: The Metropolitan Poor Bill [3] 11 March, 1867
• 49.: The Metropolitan Poor Bill [4] 14 March, 1867
• 50.: The Reform Bill [1] 8 April, 1867
• 51.: Trades Unions 10 April, 1867
• 52.: The Reform Bill [2] 11 April, 1867
• 53.: The Reform Bill [3] 9 May, 1867
• 54.: The Reform Bill [4] 17 May, 1867
• 55.: The Admission of Women to the Electoral Franchise 20 May, 1867
• 56.: The Municipal Corporations Bill 21 May, 1867
• 57.: The Fenian Convicts 25 May, 1867
• 58.: Reform of Parliament 25 May, 1867
• 59.: The Reform Bill [5] 27 May, 1867
• 60.: Personal Representation 30 May, 1867
• 61.: The Bankruptcy Acts Repeal Bill 4 June, 1867
• 62.: Petition Concerning the Fenians 14 June, 1867
• 63.: The Sunday Lectures Bill 19 June, 1867
• 64.: The Libel Bill 25 June, 1867
• 65.: The Reform Bill [6] 27 June, 1867
• 66.: Redistribution 28 June, 1867
• 67.: William Lloyd Garrison 29 June, 1867
• 68.: Martial Law 2 July, 1867
• 69.: The Reform Bill [7] 4 July, 1867
• 70.: Tancred’s Charity Bill 4 July, 1867
• 71.: The Reform Bill [8] 5 July, 1867
• 72.: The Case of Fulford and Wellstead 5 July, 1867
• 73.: The Reform Bill [9] 15 July, 1867
• 74.: Commodore Wiseman and the Turkish Navy [1] 16 July, 1867
• 75.: Commodore Wiseman and the Turkish Navy [2] 22 July, 1867
• 76.: Meetings In Royal Parks [1] 22 July, 1867
• 77.: Public Education 29 July, 1867
• 78.: The Courts-martial In Jamaica 1 August, 1867
• 79.: Meeting In the Tea-room of the House of Commons 2 August, 1867
• 80.: England’s Danger Through the Suppression of Her Maritime Power 5 August, 1867
• 81.: The Extradition Treaties Act [4] 6 August, 1867
• 82.: The Metropolitan Government Bill 7 August, 1867
• 83.: The Reform Bill [10] 8 August, 1867
• 84.: East India Revenue 12 August, 1867
• 85.: Meetings In Royal Parks [2] 13 August, 1867
• February to November 1868
• 86.: Proportional Representation and Redistribution 29 February, 1868
• 87.: The Alabama Claims 6 March, 1868
• 88.: The State of Ireland 12 March, 1868
• 89.: Election Petitions and Corrupt Practices At Elections [1] 26 March, 1868
• 90.: Election Petitions and Corrupt Practices At Elections [2] 2 April, 1868
• 91.: Procedure In the House: Amendments 21 April, 1868
• 92.: Capital Punishment 21 April, 1868
• 93.: The Municipal Corporations (metropolis) Bill [1] 5 May, 1868
• 94.: The Established Church In Ireland 7 May, 1868
• 95.: Local Charges On Real Property 12 May, 1868
• 96.: Election Petitions and Corrupt Practices At Elections [3] 21 May, 1868
• 97.: Representation of the People (scotland) [1] 28 May, 1868
• 98.: Representation of the People (scotland) [2] 8 June, 1868
• 99.: Married Women’s Property 10 June, 1868
• 100.: Registration of Publication 12 June, 1868
• 101.: Representation of the People (ireland) 15 June, 1868
• 102.: The Government of India Bill [1] 15 June, 1868
• 103.: Lodger Registration 15 June, 1868
• 104.: Public Schools [1] 16 June, 1868
• 105.: The Municipal Corporations (metropolis) Bill [2] 17 June, 1868
• 106.: The Government of India Bill [2] 22 June, 1868
• 107.: Public Schools [2] 23 June, 1868
• 108.: The Sea-fisheries (ireland) Bill 24 June, 1868
• 109.: Election Petitions and Corrupt Practices At Elections [4] 25 June, 1868
• 110.: The Municipal Corporations (metropolis) Bill [3] 30 June, 1868
• 111.: Election Petitions and Corrupt Practices At Elections [5] 6 July, 1868
• 112.: Public Schools [3] 7 July, 1868
• 113.: Supply—post Office 7 July, 1868
• 114.: The Government of India Bill [3] 8 July, 1868
• 115.: Election Petitions and Corrupt Practices At Elections [6] 10 July, 1868
• 116.: Election Petitions and Corrupt Practices At Elections [7] 14 July, 1868
• 117.: The Fenian Prisoners [1] 16 July, 1868
• 118.: Election Petitions and Corrupt Practices At Elections [8] 17 July, 1868
• 119.: Poor Relief [1] 17 July, 1868
• 120.: Election Petitions and Corrupt Practices At Elections [9] 18 July, 1868
• 121.: Imprisonment For Costs On a Dismissed Charge [1] 21 July, 1868
• 122.: The Fenian Prisoners [2] 21 July, 1868
• 123.: Election Petitions and Corrupt Practices At Elections [10] 22 July, 1868
• 124.: The Westminster Election of 1868 [1] 22 July, 1868
• 125.: Election Petitions and Corrupt Practices At Elections [11] 23 July, 1868
• 126.: Election Petitions and Corrupt Practices At Elections [12] 24 July, 1868
• 127.: Smoking In Railway Carriages [1] 24 July, 1868
• 128.: The Westminster Election of 1868 [2] 24 July, 1868
• 129.: The Metropolitan Foreign Cattle Market 25 July, 1868
• 130.: Smoking In Railway Carriages [2] 25 July, 1868
• 131.: Imprisonment For Costs On a Dismissed Charge [2] 27 July, 1868
• 132.: Poor Relief [2] 27 July, 1868
• 133.: The Westminster Election of 1868 [3] 2 November, 1868
• 134.: The Westminster Election of 1868 [4] 4 November, 1868
• 135.: The Westminster Election of 1868 [5] 6 November, 1868
• 136.: The Westminster Election of 1868 [6] 9 November, 1868
• 137.: Fawcett For Brighton 10 November, 1868
• 138.: The Westminster Election of 1868 [7] 11 November, 1868
• 139.: The Westminster Election of 1868 [8] 13 November, 1868
• 140.: W.e. Gladstone [2] 14 November, 1868
• 141.: The Westminster Election of 1868 [9] 16 November, 1868
• 142.: The Westminster Election of 1868 [10] 18 November, 1868

116.

Election Petitions and Corrupt Practices at Elections [7]

14 JULY, 1868

the addition which I propose to this clause is one of great importance, since it raises the question of providing better security against corrupt practices in municipal, as well as Parliamentary elections. No one is likely to deny that bribery in municipal elections deserves repression as much, and is as unfit to be tolerated or indulged, as bribery in Parliamentary elections; and the special reason why it should be dealt with in this Bill is that, as we are told by all who know anything about the matter, municipal bribery is the great school of Parliamentary bribery. Honourable Members of this House have on a former occasion testified to this fact from their personal knowledge, and I shall quote only two authorities for it. One is that eminent Conservative solicitor, Mr. Philip Rose, formerly as intimately known to honourable Gentlemen opposite as his partner, Mr. Spofforth, now is.¹ Mr. Rose, before the Select Committee of this House on Corrupt Practices, in 1860, expressed himself in these words—

My next authority is the Committee itself, before whom this evidence was given, and who reported—

Notwithstanding this recommendation of the Select Committee, which I hope that the next House of Commons will see the propriety of adopting in its integrity, I have not ventured to propose that the present Bill should provide a machinery for the investigation and punishment of corrupt practices at municipal elections. But I do propose, by the present Amendment, and by an additional clause which will follow in due course,⁴ that when the machinery which the Bill does provide for the investigation of corrupt practices at Parliamentary elections is actually set in motion, the inquiry may extend to municipal as well as to Parliamentary corruption. If the House adopt my Amendment, the Special Commission, which is already empowered to inquire into Parliamentary elections previous to that which caused the issue of the Commission, will have the power conferred on it of inquiring, to exactly the same extent, into previous municipal elections. By the additional clause, the Judge who tries an Election Petition, may take evidence to prove that an elector who voted at the Parliamentary election had been guilty of corrupt practices at any municipal election within two years previous, for the purpose, of course, of showing that his vote was corruptly influenced at the Parliamentary election. The period of two years is selected with reference to the term fixed by the 56th clause of the Municipal Corporations Act;⁵ and I confidently claim, both for the Amendment and for the new clause, the support of all honourable Members who really desire to lay the axe at the root of electoral corruption. The honourable Member moved to add at the end of the clause the following words—

[John George Dodson, Chairman of the Committee of Ways and Means, expressed opinion that the amendment, because it dealt with municipal elections, was not sufficiently relevant to be considered (col. 1168).]

Mr. J. Stuart Mill observed that he had so altered his Amendment as to obviate the difficulty started by the Chairman. He proposed it should run thus—

[Even in this form, the Chairman said, the amendment went beyond the proper limits of the Bill, and suggested that, at the Report stage, Mill bring up a clause to that effect (col. 1169).]

Mr. J. Stuart Mill said, he would avail himself of that suggestion.

[The amendment was withdrawn.]

[Mill’s third intervention came at the beginning of discussion of Clause 43, which was designed to throw costs of a petition fully on the petitioner or petitioners.]

Mr. J. Stuart Mill proposed, in page 14, line 11, to insert after “on the whole successful” the words—

The principle of this Amendment is that to bring to light, and prosecute to conviction, acts of bribery, or other corruption at elections, is a public service; and that, being a public service, those who are judicially decided to have performed that service ought not to be required to pay the expenses of it from their private purse. It is enough that they take upon themselves the risk of failing to establish the charge, which, we all know, may easily, and does frequently, happen when it is perfectly notorious that the charge is true. But when it has been proved true, and is judicially declared to be so proved, I maintain that the Petitioners have a clear moral right to be indemnified for the expense. Their first claim, no doubt, is upon the parties who, through their instrumentality, have been found guilty; but the Judge may not always think fit to inflict even upon proved corruption, so heavy a penalty as the entire expenses of the Petition; and it will often happen that the parties have not the means of paying it. I propose, therefore, that the Judge should have the power of apportioning the expense in whatever manner he deems most just, between the persons convicted of corrupt practices, and the county or borough.

[After some objections, Karslake, the Attorney General, asserted that the amendment would allow anyone to assert that a bribe had been offered, without the person accused having a chance of defence (col. 1177).]

Mr. J. Stuart Mill asked, whether since Judges could be trusted to decide cases of political importance, the Attorney General believed they could not be trusted to exercise proper caution in awarding costs?

[The amendment was defeated, and the clause agreed.]

[Mill proposed his last amendment to Clause 45, dealing with punishment of candidates found guilty of bribery: their election would be declared void, and they would be ineligible for reelection for seven years.]

Mr. J. Stuart Mill moved, in page 14, line 35, to leave out the word “bribery,” in order to insert the words “corrupt practice” in its stead. “Corrupt practice” were the words used generally throughout the Bill as a description of the offence with which the measure dealt. His object was to extend the operation of the clause to persons guilty of treating or of intimidation.

[It was argued that the amendment would place too heavy a punishment on mere treating or intimidation, and the amendment was lost (col. 1178).]

[1 ]For Philip Rose, see No. 89. Markham Spofforth (b. ca. 1824), a lawyer, assisted Rose as a Conservative party agent, and then took over the position of Principal Agent in 1859.

[2 ]“Evidence Taken before the Select Committee on the Corrupt Practices Prevention Act,” PP, 1860, X, 112.

[3 ]“Report from the Select Committee on the Corrupt Practices Prevention Act,” ibid., p. 6.

[4 ]See No. 123.

[5 ]5 & 6 William IV, c. 76 (1835).