The Sun.
London, England, 1838-05-10 00:00:00

iECTIONS

Numerous plans have been proposed in the course of
this Session, for remedying the defects of Committees ap-
pointed to try Controverted Elections ; but we believe the
grand remedy is yet to be discovered. The great difficulty
arises from the strong bias of Members to decide rather in
accordance with their party feelings and interests than with
even-handed justice, added to a laxity of moral principle,
regarding almost every act or circumstance that can in-
fluence the return of a Member of Parliament. Bribery,
backbiting, brickbats and bludgeons—in short, almost every
weapon is considered by the candidates and their partisans
a legitimate instrument of warfare at elections. This
laxity of principle unfortunately follows Members to
the House, and prevails in almost every Election Com-
mittee. To abate this evil, Mr. O'CONNELL, Mr. C. BUL-
LER, and Sir ROBERT PEEL, have respectively submitted
measures to the House of Commons, Bach of which is liable
to the great defect complained of—political bias. All
these Members propose to give great powers to the
SPEAKER. This would certainly leave the responsibility
undivided ; but it would at the same time impose a task
which few or none but a thorough-going partisan would
willingly undertake, and in that case the risk of partiality
would remain undiminished. Mr. BANKS, a young barrister
who has had considerable practice before Committees of
the House, and appears to be well acquainted with the
working of Election Committees in particular, has pro-
posed a plan similar to that which was adopted towards
the close of the reign of JAMES 1., namely the appointment
of " a Select Committee, composed of a certain number of
Members eminent for their great abilities, and particularly
distinguishedfor their knowledge in the Law and Constitution
of their country." This Committee is to be limited to forty
Members and a Chairman, who are to set down the issues to
be tried by the Election Committee, and at the same time
act as a Court of Appeal. In addition to this, two nominees
are to be appointed to each Committee—Members of the
House and barristers—who are to be remunerated liberally
for their services and attendance. Mr. BANKS thus gives
the details at length :

" I propose to revive this Committee of elections and pri.
vileges, that once served so wisely and so well, and to let it,
in the first instance, examine, consider, and resolve upon the
state of the law, and report their resolutions, with the grounds
and reasons therefore to the House. I would have this Com-
mittee appointed every Session, composed of a certain num-
ber of Members, eminent for their great abilities, and particu-
larly distinguished for their knowledge in the Laws and Con-
stitution of their country. I would limit the number to forty,
and a Chairman—seven to be a quorum, and to meet for the
despatch of business whenever the House sat. These seven
first to report any resolution respecting any case or point of
law at which they may have arrived to the Committee at
large, whose assent it shall receive before it be reported to
the House. I should submit, that the advantages of having
this Committee sitting constantly are very easy of exposi-
tion; it would not be enough to make a code of election laws,
and then leave it for the use of Committees. In a country
where the state of society is changing constantly, aced where
all man take part in politics, it is to be expected, as experience
proves of the past, that abuses affecting the freedom of elec-
tion will be constantly springing up; and, to a body move-
able in its nature, like the House of Commons, there should
be attached a tribunal moveable, like itself, to interpret the
common law and custom of Parliament, and to provide re-
medies, as well for new cases which may be within the mis-
chief a statute, as for those to which the common law alone
can apply."
" Enough, I should hope, has been said to establish the expe-
diency of the permanent Committee; now, as to its powers, they
should be great, transcendent, and analogous to those enjoyed by
the whole House; it should be a court of appeal for the decisions
on points of law, by the revising barristers ; their resolution,
when adopted by the House, is to declare and settle any moot
point. Under certain provisions, also, it should be a court
of appeal from decisions on points of law, by Select Commit-
tees. As soon as a petition, complaining of an undue elec-
tion or return had been presented to the House, it should be
referred to this Committee, who would examine its character,
consider its allegations, and set down in writing the issues
which were to be tried before the Select Committee. Like-
wise, with respect to branches of the inquiry promoted by the
petition, when substantial justice, and a regard to the suitor's
expense might require it, this Committee should be em-
powered to resolve that it would be advisable to have a Com-
mission appointed to take evidence on the spot, for the use of
the Select Committee, and report the same to the House for
its approval. This Commission might begin its labours imme-
diately after the recognizances had been completed. Persons
knowing that the petitions, whether prosecuted or nct, were
sure to be attended with expense, would be rendered chary
of the grounds on which they petitioned, and time be saved.
Inquiries thus conducted, in reference to certain heads of ob-
jection—such, for example, as disqualification on account of
change of residence, receiving alms, and so forth, under the
circumstances when such events disqualify—might, in cases of
scrutiny, be made at one-third of the expense, and with certain
means, in each case, of arriving at a correct conclusion. Un-
der the present system of fetching up crowds of witnesses
from a distance, to depose, and that falsely, in too many in-
stances, to facts, the truth or falsehood of which could so easily
be established in the place of election, money is lavished, per-
jury encouraged, and justice is not done to the parties, or
upon the offenders. In addition to the advantages to be ex-
pected from the Committee as a court of appeal, and an as-
semblage of constitutional lawyers, to settle the law in all
doubtful matters, I should anticipate great benefit from it in
crushing those collusions, compromises, and arrangements, by
which justice is defeated, the House of Commons abused, and
the freedom of elections turned into a mockery."
Regarding the appointment and duties of nominees, Mr.
BANKS adds—

" Let them be chosen from the House by the Committee,
immediately after the election of the Chairman. If the Corn:
mittee agree in the choice of the two, so be it ; if not, let
them divide, and the majority having declared one nominee,
then let the minority appoint the other nominee. Let the
Committee report their choice to the House; and if either or
both nominees be excused, or can show good reason why they
should not serve, the Committee must choose again. There
might be some inconvenience in this, but I have no doubt it
could be obviated. Perhaps the purpose might be attained
by the Committee's agreeing to a list of nominees; or, as be-
fore, by the majority and minority's each naming a list for
itself, on the which list or lists two persons might certainly be
found to serve. The nominees should not alone be members
of the House, but also barristers learned in the law. They
should have no vote on the Committee. Their duties should
be to aid the Committee with counsel and advice on all doubt-
ful questions of law and evidence ; the oath they should take
ought to bind them to counsel and advise the Committee, ac-
cording to the best of their knowledge and ability ; and, ac-
cording to the law of the land, to the law and custom of Par-
liament, as they understood, and under the sanction of an
oath (similar in spirit, so far, to that taken by the judges)
would interpret it. I think, too, that to increase their feeling
of responsibility, and to invest them in the eyes of the people
with a purely official character, they should be remunerated
liberally for their services and attendance. lof course under-
stand that the Committee arc to have a power of apportioning
the costs of the parties. When a point of law comes to be
deliberated on in the Committee, if the nominees cannot agree
as to the law as bearing on the question, let it he referred in
writing by either nominee, with the reasons and grounds for
his opinion, to the Committee of elections and privileges,
whose decision thereon is to be held final, and is to be entered
on the journals of the House as declaratory of the law."
Now this plan, giving the author every credit for his in-
genuity, is liable to the great defect which et present
vitiates the proceedings of Election Committees ; and be-
sides, it has another. It would give to some seven lawyers
—for the majority would be of that class—an enormous in-
fluence in deciding Controverted Elections ; and what secu-
rity have we that men, whose trade it is to make the worse
appear the better cause, would act more impartially than
plain country gentlemen not learned in the law ? The ap-
pointment of the Committee of Privileges too would rest
with the majority of the House—in other words, with the
Government, and consequently care would be taken that a
majority of the Members should be men imbued with the
ministerial bias. Perhaps the better plan after all would
be to apply to Brother Jonathan for advice and assistance.
Possibly VAN BUREN could furnish us with seven
" learned foreigners," whose party feelings, as regards our
domestic politics, are not so intense as to efface all regard
to the sacredness of an oath. The pamphlet shows praise-
worthy research ; it is written in a spirited style ; and the au-
thor has tried to be impartial—but " bias" will out—Sir
ROBERT PEEL is the god of his idolatry, and those whom
some call the " Incurables," he calls " the pillars of the
state,"—" the permanent guardians of the Constitution?'

CORONATIONS.—That of the present King of
Sweedcn was extremely simple, and conducted with a proper regard to
economy. Those who assisted assembled at the palace. His Majesty
ordered the procession to move, which was composed of the diet, coun-
cillors of state, chamberlains, ministers, knights of different orders,
naval and military officers. Before him was carried a royal mantle,
globe, sceptre and crown—the last borne by the minister—and troops
lined the whole procession. It proceeded to the cathedral, with two
bishops in their robes. One of them, holding the holy oil, saluted
the King, exclaiming, " May God eternally bless the outgoing and
incoming of your Majesty." All being seated, the-ornaments were
laid on the altar. The Bishop of Drontheim then ascended the pul-
pit, delivered a sermon, and on being finished the King took the pre-
scribed oath, knelt down, and received the crown from the Bishop of
Aggershuus. On rising he mounted the throne, on which the crown
was put on his Lead, and the sceptre in his right hand ; when h
herald loudly pro;:laimed, " Now Charles John is crowned Monarch of
Sweden and Norway, and no other." 'file cathedral rang with shouts
of "Long live Charles John!" The King returned to the palace
amidst the acclamations of the populace, wearing the crown, holding
the sceptre, and his train carried by three chamberlains. An officer on
horseback, escorted by cavalry, proceeded along the principal streets,
and distributed medals ; and in the evening the capital was illuminated.
---Rea Wilson's Travels in Norway and Sweden.
Tuesday morning, between eight and nine o'clock,
.
a girl named Ellen Dransden, aged thirteen years, living with her
en
City-road, was lifting a sauce.
p
when the draught of air from the door blew her
parents
of ts
water in Mead's-place,
oadff'ts-hpo la
ficree,, Norfolk street,
apron against the bars of the grate, where it immediately caught fire,
and communicated to the rest of her apparel. She was in a few seconds
completely enveloped in flame, and was so shockingly burnt that shelex-
pired on her way to the hospital.
PHILOSOPHY AND POP.—At a shop in the
Waterloo-road, where " Ginger.pop" and other exhilarating beverges
arc retailed, the following announcement is exhibited in the window :-
0 Phrenology, physiognomy, lectures, and advice"—all gratis.

MA,
Acland, Sir Thomas f
Arland. 'l'. D.
Alfoll4 Vbollllllt
Als,,,er, Richard
Alston, Rowland
Arbuthnot, Hon. H.
Archdall, General
Ashley, Lord
Attwood, W.
Attwood, M.
Bagge, NV.
Bagot, Hon. W.
Bailey, Joseph
Lailley, Joseph, jun.
Baillie, Colonel H.
Baker, E.
Barldby, John
Barrington, Viscount
Barry, G.S.
Bell, M.
Benett, John
Blackburne, J. 1.
Blackstone, W. S.
Blair, J.
Blake, M. J.
Biennerhassett, A.
Bores,
Bradshaw, James
Brarnston, T. W.
Broadley, Henry
Broadwood, H.
Brownrigg, J. S.
Bruce, Lord E.
Buller, Sir J. B. Y.
Burr, Higford
burrell, Sir C. M.
Burrouglies, N. N.
Camp bell, W. F.
Cantilupe, Lard
Cartwright, W. L.
Cavendish, Hon. C.
Cayley, E. S.
Chetwynd, Major
Christopher, R. A.
Chute, W. L.
Clerk Sir G.
Clive, R. H.
Codrington, C. W.
Cole, Hon. A.
Cole, Lord
Compton, H.
Conolly, Colonel
Corry, Right Hon. H
Crewe, Sir G.
Crip;is, J.
Dalmryple, Sir A.
Darby, Georgo
Darlington, Earl of
Do Horsey, S. H.
Benjamia
Dottin, A. It.
Douro, Marquis of
Dowdeswell. W.
Duffield, T. D.
Dunbar, George
DuiLtombe, W.
Duncombet, A.
East, J. Buller
Eastnor, Viscount
Eaton, Richard J.
Egerton, W.T.
Ellis, J.
Estcourt, T. G. B.
Etwall, R.
Farnham, E. E.