The Sun.
London, England, 1853-04-12 00:00:00

THE DIPLOMATIC SERVICE.

- The Earl of MALMESBURY, after adverting to a
discussion which had taken place in the other house re-
lative to the diplomatic service, in the course of which
Lord Stanley had stated that the late Government had
it in contemplation to institute a college for the instruc-
tion of candidates for the diplomatic service, and was
understood to say that that plan originated solely with
Lord Stanley, and had not been adopted by the late
Government.

The Bishop of EXETER moved for the copy of a
letter addressed to the Colonial Secretary by the !Bishop
of Toronto on the subject of the Canada Clergy Reserves
Bill.

THE CANTERBURY COMMISSION
The Earl of ABERDEEN moved that the house
should agree to the address which had been adopted by
the House of Commons, praying that a com Mission
should be appointed to-inquire into the-corrupt practices
that had prevailed at the last election, and at previous
elections, for the city of Canterbury. He hoped their
lordships would have no difficulty in giving their assent
to this address, as well as to others that are before the
house of a similar description, and to those which here-
after might come before them. (Hear, hear.) Their
lordships had always declared their willingness to co-
operate with the other house in endeavouring to diminish
and check by every means in their power those corrupt
practices at elections of which they and the whole
country complained. (Hear, hear.) The time was fully
come when something should be done on this subject—
(hear, hear)—because if matters continued to go On as at
present, a serious blow would be struck at the very
principle of the representative system in this country.
(Hear, hear.) He knew that some persons were accus-
tomed to view with comparative carelessness those prac-
tices, and to undervalue their importance ' • if' so, he
thought they were greatly mistaken. (Hear, hear.) In
his opinion the people of this country generally, looked
with increased disgust on the frequency and growth
of those corrupt practices at elections. (Hear,
hear.) Even the lowest of the people were indig-
nant at those practices. (Hear, hear.) The persons
who were deprived of the franchise themselves
were indignant at the mann.er in which it was used by
those parties in possession of it. (Hear, hear.) They
were told that the evil had not increased, and that it
had existed to an equal amount in former times. That
might be so, though he greatly doubted the fact ; but,
at all events, even if that were the case, what did it
prove ? It might prove that the practice of former
times was worse than they imagined it to have been ;
but, at all events, it could not diminish the enormity of
that which they now saw- before their eyes. (Hear,
hear.) He did not think it necessary to enter into de-
tails of the evidence that wag on their lordship's table ;
indeed, he thought it would have been much better if
their lordships had left all that preliminary part of the
proceedings to the House of Commons. (Hear, hear.)
If it consisted of materials on which they were to found
legislative measures, then,indeed, it would be necessary
to go minutely into the whole case, and to see how far
it would bear out any enactment which they might be
called upon to make on the subject ; but he merely
looked upon it as laying the grounds for inquiry, and
for inquiry alone. (Hear, bear.) To such inquiry he
hoped they would at once agree, reserving to them-
selves the power of dealing with any measure to which
that inquiry might possibly give rise. (Hear, hear.) He
had been told, but he scarcely supposed it probable, that
an objection might be taken to the course which he
proposed, arising out of the terms of the report of
the committee of the House of Commons, inas-
much as the report of the committee did not em-
body the precise terms of the act of last year, pro-
viding for the better inquiry into the existence of cor-
rupt practices at elections. The committee reported, '
" that a system of bribery and corruption, by means
of coloured tickets, prevailed at the last election, and
at previous elections generally ;" whereas the words of
the act required, he committee to report "that bribery
extensively prevailed." The House of Commons, natu-
rally taking what appeared to be a common-seite view
of the case, considered that where bribery was sys-
tematic and general it was extensive ;- therefore the
adopted the words of the act in the address which they
had sent up to their lordships, very properly it appeared
to him to comply with the terms of the act, and in their
address they alleged that bribery did extensively pre-
vail in the city of Canterbury. (Hear, hear). In doing
so they adopted substantially the words of the report of
the committee, which stated the bribery to have been
systematic and general. (Hear, hear). He should re-
gret very much if an objection so purely technical as
that, and which was not sustained when the subject was
mooted in the House of Commons, should be made in
their lordships' house. (Hear, hear). He thought such
a proceeding would seriously endanger the belief in their
lordships' sincerity in co-operating effectually for the
suppression of corrupt practices at elections. (Hear,
hear). It could not be urged as an objection which at
all had any application to the spirit of the proceedings
that had been adopted, but would only serve to place
that house in the eyes of the public in a position in
which he should be very sorry to see it. (Hear, hear).
He hoped, therefore, that their lordships would agree in
the address to her Majesty which was sent up from the
House of Commons, for the purpose of appointing a
commision to inquire into the proceedings at the election
for the city of Canterbury.
Lord LYNDHURST said that no man felt more
strongly than he did the necessity of putting an end to
corrupt practices at elections, but he wished to call the
attention of their lordships to an irregularity in the
address which in his opinion was fatal to it. The address
stated that a committee of the House of Commons had
reported that extensive bribery had prevailed at the last
election at Canterbury ; but he found that no such
report had ever been presented, and they were therefore
asked to tell her Majesty what was in terms a direct
falsehood. The act of Parliament required that before
an address of this kind should be presented, a committee
of the House of Commons should have reported that
" extensive" bribery had prevailed at an election ' • but
the committee, in this instance, had only reported that
bribery was systematic and general ; but bribery might
be systematic and yet not extensive, and the word gene-
rally must be taken to mean that it had prevailed
generally and usually at former elections. (Hear.)
The committee was the only tribunal which could
judge of the fact whether bribery had been exten-
sive. It had not been so reported, and he protested
against a precedent, which might afterwards be turned to
a mischievous purpose, being laid down of either house
being allowed to conclude for itself that bribery had been
extensive, when it had not so been reported by the com-
mittee.

The LORD CHANCELLOR hoped that their lord-
ships would not be deterred from agreeing to this ad-
dress by the authority of the noble and learned lord.
Although the committee had not reported in the exact
words of the act that extensive bribery had prevailed,
yet their report did, in point of fact, amount to that.
Nay, he would go further, and say that the words gene-
ral and systematic were far more stringent and forcible
than the word " extensive," which, after all, did not
mean " to a great extent."
Lord ST. LEONARDS said that this was a mere
question of law whether or not they were justified in
agreeing to this address. Under the act of Parliament
they were empowered to join in an address in cases
where a committee of the House of Commons had re-
ported that bribery was extensive, and without such re-
port they could not stir or move a step. No such re-
port had been made in this case, and he contended,
therefore, that they had no power to join in any such
address as this.

Lord CAMPBELL said that the house were now in
a very grave position. The other house had passed an
address to the Crown, in which it was represented to
her Majesty that a select committee of the House of
Commons had reported that bribery and corrupt prac-
tices had extensively prevailed at the last and previous
election for the city of Canterbury. To that address
their lordships' assent was asked, and they were now
hesitating as to whether the House of Commons had not
represented an untruth to the Crown. He trusted
that their lordships would not suffer in the public esti-
mation by differing from the House of Commons on such
a subject. He believed that both houses were equally
desirous that all such corrupt practices shall be put an
end to, and that the most effectual mode of doing so was
by putting this act of parliament into full operation.
(Hear, hear.)
Lord ST. LEONARDS said that as the report
on which the address was founded was that of an elec-
tion committee, it must, in order to comply with the
terms of the act, refer to the last election, and state the
corrupt practices to have extensively prevailed then, be-
cause the committee had no power to inquire into
past elections.
Lord REDESDALE said that the noble and learned
lord who had just addressed the house had said that it
was unfortunate that the committee of the house did not
use the words described in the act, and that he hoped
that this oversight would not occur on a future occasion.
He (Lord Redesdale) agreed with him in these remarks,
and thought that no committee which intended to make
a report that would subject a borough to an inquiry of
this sort would be likely again to commit the same
error ; but the true and only mode by which to secure
a borough against an unjust, and oppressive, and tyran-
nical decision of a majority in parliament was to say that
they would insist upon the report of the committee con-
taming the precise words used in the act of parliament.
By postponing their assent to this address they did not
prevent an inquiry being made into the prevalence of
bribery at Canterbury. The same members as had con-
stituted the former committee might be directed by the
House of Commons to report, without taking fur-

[PRICE SD.

' ther evidence, whether bribery did extensively prevail
at the last election, and if they reported in the affirma-
tive the address would then come before their lordships
in due form. (Hrar, hear.)
The Duke of NEWCASTLE said that he was rather
surprised at the remarks which had fallen from the noble
lord who had just resumed his seat, when he recollected
the part be took when the bill upon which this proceed-
ing was founded was before the house. The noble lord
then warned the house against the danger of placing
implicit reliance on the reports of committees of the
other house, and claimed for that house its due share in
the consideration of these questions, quite independently
of those previous investigations in the other house. But,
nevertheless, he now told them they were not to look
at the evidence before them, but were to be entirely
bound by the report of the committee of the House of
Commons ; and that unless they could maintain that the
ipsissima verba of the act of Parliament had been
adopted by that committee, they were not entitled to
place their own interpretation either upon the report
of the committee or upon the evidence upon which it was
founded. If those were not the words of the noble
lord, such was certainly the necessary conse-
quence of his argument. If they were to be bound
by the particular words used in the report of the com-
mittee of the House of Commons ; if, as had been said,
they had nothing to do with the evidence which had
been adduced before that committee, for what purpose
had they gone through the farce of sending a message to
the other house, and requesting they would present them
with a copy of the report and of the evidence taken
before the committee ? They would not have done this
except in order to form their own opinion, and to decide
whether they should then agree to the address which had
been sent up from the other house. He would not at-
tempt to enter into the legal discussion with the three
or four noble and learned lords who had taken part in
it, for as two had adopted one view and two the other,
he might be spared the necessity. He would say, in-
deed, with all respect to those noble and learned lords,
that the question was not altogether one of dry techni-
cality, but it was one on which every lay member of the
house was as capable of forming an opinion whether he
was doing substantial justice as any one of those noble
and learned lords. He found, from an examination of
the evidence, that not only had extensive, but almost
universal bribery prevailed at Canterbury at the last
election, and he must ask. therefore, whether it would
be wise or just to oppose any obstacle to this, the
first preliminary step—not to disfranchise the borough,
but simply to obtain an investigation into alleged cor-
rupt practices ? (Hear, hear.) He believed, because
he sat in that house and knew its temper and dispo-
sition, that it was sincerely desirous of checking
these practices ; but the public out of doors would
not give them credit for this desire, if, after reading
the blue-book, and finding that bribery had prevailed,
as he had already said, not only extensively but almost
universally, they yet found that that' house refused to
agree to this address, because the committee of the
House of Commons had omitted to use the precise words
of the act of Parliament ; and that they declined to give
to the words of the report a latitude of construction
which the courts in Westminster-hall would extend in
matters of importance, and which were of a final and
perhaps of a penal character. The public would cer-
tainly in that case believe that their lordships had some
sinister object in screening these practices, and that they
did not want them to be thoroughly investigated, if it
could possibly be avoided. The noble and learned lord
opposite said lie believed the committee of the House of
Commons must have some reason for using the words
they had done, and not those prescribed by the act.
Whatever reasons they might have had, unquestionably
those reasons did not go to mitigate their sentence, and
prevent the course now taken. Who had moved the
address to the Crown carried by the House of Commons ?
The hon. gentleman the 'chairman of the committee ;
and lie took on himself to say that it had not been by
inadvertency of the precise words of the act that he had
not used those words, but that the intention of the com-
mittee was to carry the inquiry up to the direct limits
of the act. He (the Duke of Newcastle) said that their
lordships ought to look a little to the effect of their de-
cision out of doors, and he was strengthened in that
conviction by one of the arguments used by the noble
and learned lord opposite, who had endeavoured to ex-
tract from the address of the House of Commons, an
argument which iwould go the length of putting a
very awkward interpretation on the word " exten-
sive " used in the act. 'Whatever might be the
case in reference to previous elections, as regarded
the recent election the committee had only stated
that the sitting members were concerned in it.
But the sitting - members must have been returned
by a majority of the constituency, and therefore a ma-
jority of the electors for the borough of Canterbury
might, for aught their lordships knew, have been guilty
of bribery ; yet the noble and learned lord had tried to
extract from the address of the House of Commons that
it did not necessarily follow, but was rather an indica-
tion of the reverse, that there was extensive bribery.
His noble friend said they were not entitled to interpret
this report any way they pleased, but must be bound by
its words. • If they wanted any interpretation of the re-
port, they had it in the fact that this address was moved
by the very man who drew up the report ; but they had
in the report itself an interpretation which the public
would understand, and which every member of their
lordships' house understood. When they had it in
evidence that 2,000 colourmen had been appointed and
paid on several occasions in the borough of Canterbury,
and other similar facts, he hoped they would not be in-
duced to avail themselves of a technical objection, such
as that now proposed, and that in this preliminary stage
of proceedings they would look at the subject in a point
of view more rational than that suggested by the special
pleading they had heard on this occasion. The noble
and learned lord finished his address by saying that the
responsibility of this step would rest with the Govern-
ment. On behalf of the Government he had a right to
say, that that responsibility they willingly and cheer-
fully accepted. They were perfectly prepared to incur
any responsibility which might be thrown on them in
recommending their lordships to agree to an address to
the Crown ; but one responsibility he should certainly
be sorry to incur, namely, that of by indication or
by any direct act of his being a party to preventing any
investigation which he believed to be absolutely neces-
sary from the circumstances of the time. His noble
friend who spoke last had expressed his view of the
great uses of the House of Lords, and he said that one
of these was to check hasty and, perhaps, unfair legis-
lation by the House of Commons. He (the Duke of New-
castle) recognised that great attribute of their lordships ;
but he did think that if there was one thing more than
another in which they were bound not to lag behind the
spirit of the times, both in Parliament and out of it, it
was this of the prevalence of corrupt practices in the
election of representatives of the people. He believed
that for some years past there had been a growing feel-
ing that this was one of the vices of our representative
system most likely to destroy it ; and he believed-that
if their lordships were to show any disposition to adopt
either such a course as was now recommended, or by
any other approaching to it, they would lose much of
that respect of the country which he hoped they would
ever continue to enjoy.
After a few words in explanation from Lord ST.
LEONARD'S and Lord. REDESDALE,
Lord LYNDHURST said that, having done his duty
in submitting his views to their lordships, he did not
not think it necessary to go any farther.
Lord CAMPBELL hoped that the commissioners ap-
pointed would proceed speedily. .By so doing they
would entitle themselves to the thanks of Parliament
and the country.
The question was then put and agreed to, and the ad-
dress ordered to be communicated to the House of Corn•
mons.