The Express.
London, England, 1852-11-20 00:00:00

THE EXPRESS, SATURDAY EVENING, NOVEMBER 20, 1852.

MAJOR DERESFORD AND THE DERBY
ELECTION.
___

The SPEAKER said, before the hon. and learned gentle-
man (Sir A. Cockburn) brought forward the motion of
which he had given DOWN,, he thought it his duty to invite
the attention of the house to what he considered an infor-
mality in the petition; and perhaps after he had done so
the house would be of opinion that the debate should not be
proceeded with. He wished, in the first place, to call the
attention of the house to a clause in the 11th and 12th of
Victoria, which stated what should he deemed en election
pet"tion. The clause was—" And be it ennelei Nat every
petition presented to the House of Common within the
time, from time to time limited by the how*, for receiving
election petitions complaining of an undue election return
I of any member of parliament, or complaining in respect of
nutters in any such return, which petition shall be signed
by any person who hes voted or had • right to
vote at the election, shall be deemed an election petition."
Now, this petition began by saying, " Your petitioners
are electors of the borough of Derby, and voted at the last
election of membent to serve in parliament for that bo.
rough." Thee there was this allegation, "That the
return of the said Thomas Berry Honfall wu secured by
Illegal and corrupt means, sad by an organised
system of bribery, which was resorted to and uniecesefully
varied oat for the purpose of securing his return.'
The prayer of the petition was, "Your petitioners, there-
fore, humbly pray. your hon. house to institute a full
and seeeelsani inquiry into the allegations of this petition."
Now, the quake was whether the allegation, " that the re.
turn orthenakiThemes Berry Iforsfall was secured by Moral
and corm* meswe, and by an organised system of bribery,
which mu reserted to and successfully carried out for the
purpose of procuring, and which did procure the said re.
tarn, ' ought not to be considered an allegation complain-
ing of an undue return ?
Sir A. COCKBURN said as he understood the Speaker
to entertain a strong opinion upon the point which he had
mentioned to the house, he innately was not inclined to
straggle against that opinion. It struck him that, inasmuch
as the prayer of the petition did not pray the house to void
the return, and inasmuch as the bribery alleged was not
stated to have been committed either by the sitting member
or by any person for whose acts the sitting member would
be reepoesible ; it struck him that ander these circum-
' stances the petition did not emu within the words of the
I clause. At the ume time thought it would be a pity for
the time of the house to be taken up with• discussion, if the
Speaker considered the petition informal, and he would
therefore withdraw his motion. _ _

—Sir J. Y. BULLER said, ea behalf of his right hon.
friend the Secretary at Wee, he beepad to say that he was
quite preimred to go into his ease sew, ashes the Speaker
was of opinion that the petition as& oft le be entertained.
He had no wish that the imam amid set proceed.
The SPEAKER said if tlio beau allowed the debate to
proceed on this petition, it Wadi really have received a
petition which it ought net to ban suseived at all. The
act stated that no eleWsia pow* elweild be received by
the house unlessit wend eereed by the dicer of recount.
maces, with a statement that the reseraieeneee had horn
properly entered. If this Mlles ISM within the defini-
tion of the act relating to Waage petitions, it ought to
hare been endorsed by dr elbow of neognisences before it
was considered by the 11011190, and as it had not been wi-
dened he did not think it ought to be received.
Sir A. COCKBURN said—This being the Speaker's
view, be bad i.o wish, as he aid before, to struggle against
it; and he low, thoracic', prepared to withdraw hie MICI•

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