The Sun.
London, England, 1866-11-27 00:00:00

Mr. Chisholm Anstey's New Work.

.6,
Plea of the Unrepresented Commons for Restitution
of Franchise, an historic Inquiry. By Thomas
Chisholm Anstey, Esq., of the Hon. Society of
the Middle Temple.

A reviewer in the Anglo-American Times says :

" The author is both au eminent and sound lawyer
of the English bar. Once his sayings and doings
were recorded at considerable length in the news-
papers, and no inconsiderable portion of the time of
the House of Commons, where he sat as member for
Youghal, was spent in listening to him. He ac-
cepted an appointment in China, and for several
years has been engaged in that country and in India
in his professional avocations. Although he disap-
peared from the field of English politics during this
period, he maintained and increased the high legal
reputation he had gained, and he was lately raised
to the bench in Bombay. He has just returned to
find England in the throes of a political convulsion.
He drops the period of his absence, and, with a mind
filled with historical facts, and deep legal research,
he takes up the question of Reform, not as a parti-
zan, but simply as a lawyer, as it comes back
to him from the days when his memory was well
stored with the historical and constitutional bear-
ings of that great question. Mr. Anstey's turn of
mind is peculiar. At the same time that the free-
dom of his opinions borders on Radicalism, these
opinions are guided by what the Tories consider their
own standard. A Tory professes to take his
stand on the Constitution. He maintains
the wisdom of his forefathers. lle declares
himself to be the upholder of the ancient laws of
the realm. " Church and State" is his cry ; and his
battery is directed against Radicals, charged with
the projectiles of innovators, up-rooters of the Con-
stitution, and subverters of old customs, the wis-
dom of which had been tested by time. So accus-
tomed has the nation become to the line of argu-
meat taken by the Tory party —so little do they I
search for themselves among musty records to prove,
by historical facts, the truth of its assertions—so
little have the legal and constitutional bearings of
the question entered into the debates devoted to
this all-important subject, that people both here and
in America will read with astonishment the able
historic inquiry compiled by Mr. Anstey on the
subject of the electoral franchise. Mr. Anstey ap-
pears in the field, and takes possession at once of
the Tory battery, with the effect that would be pro-
duced in a line of battle by an enemy occupying the
key of the position, seizing the guns, and raking the
line with its own shot. Although the " Inquiry"
attains the dimensions of a little book running over
143 condensed pages, filled with references to ex-
tracts from the highest legal, historic, and constitu-
tional authorities, the results can be summed up in
a few sentences. The ancient Constitution of this
laud recognises the rights of all Englishmen to
exercise the electoral franchise. It excludes only
vagrants, or persons without a home, and those
ineligible by reason of incapacity or crime. There
is no warrant to disfranchise in law a single good
and lawful man of age, free of body, not unsound
of mind, against whom there is neither infamy nor
outlawry, nor conviction of guilt. " Begin where
we will the inquiry after the evidences can issue
but in one way. The further we go back into the
history of our English race, the clearer is the testi-
mony of the equality of right." How comes it then
that 49-50ths of the people of this realm are ex-
cluded
from the franchise ? History plainly answers
this question. By a series of usurpations on the
part of the Commons House of Parliament, who,
step by step, and as traitors to the people they were
supposed to represent, narrowed the power, ex-
eluding section by section, till they centred all the
authority in that class of which they were the leaders.
In the chronicles of Parliament " we do but be-
hold an example of the saying, that it is freedom
which is ancient,--and oppression which is new."
The records of the House of Commons is the old
story repeated. The tendency of every human
institution is to error. A body of men, though
acting more slowly, will grasp more surely and hold
more tenaciously powers which do not belong to
them than individual rulers. The usurpations
of the Commons were two-fold. At . the
same time that they absorbed to the-
selves the rights and privileges appertaining
to the other powers of the realm, they succeeded in
depriving the vast body of their countrymen of all
all
voice in the elections. Mr. Anstey disclaims
partisanship in putting forth
his laboured inquiry.
as
lie takes the subject up simply a lawyer bring-
ing a broad open question to
t
Con-
stitution. The late debates in Parliament on
Reform were never before, in
his opinion, conducted
with more of ability and lessold
learning of
Asmifenbty,
rfi learning.
Parliament,
appeared consent thengofp
Mr. Gladstone:is Reform
Bill, to be altogether laid aside for the sake of the
and
pleasure, it may be, of the
greater easiness p
appeared in the debates on
esearch. He appears at a
a prioriover the contrary method in-
vo
why these debates should have been so
loss to know
arglvuicln
was not a fight between too extreme
conducted, as it
genre labour of r
Between Mr. Bright's proposal to invest
w
r male adult and Mr. Lowe's
idea of penal disability for a populace, supposed to
incapacitated by its vices, there were many
rtlti ics
the. franchise every
be
mansions ; and one of the most important of these
was occupied by Mr. Gladstone's Bill. That Bill,
and not manhood suffrage, was the proper subject
of debate. Both parties refused so to restrict it,
and therefore ranged into every variety of matter.
Yet the very essence of the question was omitted.
The constitutional rights of the people passed out of
view and abstract principles were alone discussed.
Two grave errors among others
were
mated to result from this mode of handling
the subject, which Mr. Anstey points out. Ist,
That the burden of proof of fitness of the unenfran-
chised, to receive the franchise which they claim,
rests with the claimants; and 2d, That no man, or
class of men, has, or can claim to have, any right to
the franchise, save $o far as the Legislature of its

L- L G'~~

iot w. n
Twof rte eaonfd will andoepropositionsder pretended pn I
re
ea cswou rrhdei
s,te
ehswshtnoaul
very
fedtrfihyhit tanlsvkleiesgsfishhtt
thereott conferundtiyos
nbo no
faanl se ei e.
n"
trace to be found. There is no trace of the doctrine
itself—no trace of precautionary securities against
the imperfections or abuses of the doctrine. His-
tory is silent ; the Breviar, the Rotuli, the Statute-
book, the Journals, the Standing Orders of either
llouse, all are silent as to the alleged test, whether
in esse or in posse—all are silent as to the power to
apply such a test, if it existed, or to bring it into
existence. A fool or a rogue may inherit a peer-
age, and sit and vote in the House of Lords un-
challenged by his fellows. Another fool or rogue
may buy a Yarmouth or a Totnes, and vote in the
House of Commons. It is the same with every
other constitutional function, every other office or
employment belonging to the common law. What
provision has the law made for the moral and in-
tellectual fitness of the juror—whether in the
case of the grand jury which presents, or the
Petty Jury that tries, the indictment ? By what
title is the inquisition into the capacity of the future
voter to proceed which does not equally warrant us
in now putting the present elector to the same cru-
cial test? It is now the law and the practice, and
always has been the law and the practice, that once
in pdssession, the holder of the franchise may vote
as he will, and no man dares to ask him to prove his
fitness to be what he is, and nothing short of arevolu-
tion can change this. Fitness and unfitness are
terms of comparison. They are predicable of com-
munities as well as of individuals ; of constituencies
just as much as of constituents ; of the right to be
represented no less than of the right to vote." The
" Inquiry" enumerates alist of towns returning mem-
bers, which shows the present scandalous anomalies
in the distribution of seats. " How will it seem in
that day—should it ever come indeed—when to the
numerical criterion the test of fitness will be super-
added by the deliberate act of the Legislature ?'1
Mr. Anstey's opinion is clear on the subject, if the
test be fairly applied. He holds the incomparable
superiority in general of the large or manufacturing
constituencies over the small or agricultural consti-
tuencies in respect of political capacity. It will be
the latter, not the former, that will have reason to
rue the change. These considerations are, how-
ever, apart from his purpose. He deals with
what has been and is—not what may be
or ought to be ; and it is enough for him that
fitness, positive or comparative, is unknown to
the Constitution. He shows, however, that legally
the burden of proving the incapacity of any indi-
vidual elector to vote, were the law the reverse of
what it is, would lie on the objector to the vote.
Were such an absurd and wicked restraint put on
the freedom of electors, it would not be borne for a
moment by the constituencies of this realm. Yet
productionidentical
i tnhf
proof of their fitness to exercise their constitutional
tthh ea
tp
or
fi n
theci pl ep or
of
ps
ouscahl
being bestowed
rights a sine gull non to those rights
atno emnaacktern ethnetilrs
the: large bodies of citizens now unrepresented in
upon—or, to speak more correctly, restored to—the
Parliament, even supposing that unfitness and in-
capacity were, what they certainly are not, one and
the same thing. If Mr. Lowe's aspersions upon the
unrepresented operatives of England were true, even
then the burden of making these accusations good
would be on Mr. Lowe. Nor until he made them
good, could the operatives be fairly called upon to
rebut them, much less to show cause why they
should be disfranchised on such a score ; for the
elective franchise, whether invested or in expec-
tancy, whether granted or unduly withholden, is
one of the rights and liberties of the subject.
The second error " that no man, or class of men,
has, or can claim to have, any'right to the fran-
chise, save so far as the Legislature of its own free
will and pleasure shall see fit to confer it," is ad-
vanced by one party and hardly contradicted by the
other. Mr. Anstey expresses his surprise that a
proposition so opposed to the Constitution should
have passed without being exposed. The reason is
that this serious and protracted controversy on the
questions of enfranchisement and disfranchisement
has not been handled in its strict legal bearings and
aspects. It would have been very different had the
writings of the Constitution been searched, and its
traditions examined. It is the fashion to sneer at
the rights of man, but those rights form the- very
groundwork of our Constitution. There is, and can
be, no possible variance between the first principles
which recognise these rights and the principles of
this Constitution. The rights of man—his indefeas-
ible and identical rights—are the bases of every
constitution which desires to be considered free.
Wherever free constitutions differ, it is only in the
elaboration of their results, which answer to the
varieties of era, of climate, of religion, and of race. Mr.
extracts, Austey proceeds to prove this by numerous refe-
rences
lal on Nciv ihe n
vuomr dss up this
Theset,hispo artdiovnanof
his inquiryand
in he
following
.
tages are such as can only be secured by law and
government. The Legislature may abrogate or per •
vert the law ; and the Government
may turn it into
tyranny. Therefore, the same title, which every
man has, to a part in the advantages offered to all,
on condition of their coming into society, he has to
a share in the making and administering of laws,
whereby the common safety of all, the individual
safety of every subject whether in regard to his
liberty, his freedom, his intelligence, his morality,
or his physical wellbeing, are to be provided for,
secured, and enforced ; because to those laws his
allegiance will be due, and because those advantages
comprehend all the purposes and ends of the
society to which he belongs. This right of the sub-
ject constitutes the difference between a free State
and a State which is not free ; the laws to which he
owes allegiance being freely assented to, and his
of those laws."
government being but the executor

-----
In pursuance of a circular letter from Archbishop
Manning, read in the Roman Catholic places of worship on
Sunday last, a meeting will be held in St. James's-hall on
Thursday week, in furtherance of the objects of the Con-
fraternity of St. Peter, which has been established to assist
the Popo by "Peter's Ponce," and the united. prayers of
the brotherhood. It is expected that the meeting will be
largely and influentially attended, and that the archbishop
will preside.
Ilre are authorised to state that the question of
the Alabama claims has been recently revived by the
United States representative in this country in the most
conciliatory and friendly tone. The subject is now under
the consideration of the Cabinet.—Herald.
REGISTERED LETTERS FOR TH I?, PHILIPPINE
ISLANDS.—The Postmaster-general of Hong Kong has re-
presented that he is unable to obtain receipts for registered
letters sent to his office addrassod to the Philippine Islands,
and has requested that the practice of registering letters so
addressed may be discontinued. No letters for the Phi-
lippine Islands will, therefore, in future be accepted for
registration.

THE BELGIAN CONTINGENT IN MEXICO.—Since
the beginning of the present month 22 Belgian officers of
the Foreign Mexican Legion have returned to Belgium,
their two years' leave of absence having expired. They
have resumed their former rank in the army, although some
had obtained promotion in Mexico ; but the time of service
will count, their absence being considered merely as a
conge. However, the non-commissioned officers, who, in
the Mexican campaign, have been raised to the rank of sub-
lieutenants, will retain that grade, gained by their good
service and courage.

MAJOR AUGUSTUS RAWLINGS.—A late number
of the Dorchester Alamo/ says Last week two
lectures were announced to be given in the Town-
ball, by the Rev. C. W. Denison, of the United
States, under the auspices of the Committee of the
Band of Ilope. Unavoidable circumstances pre-
vented the reverend gentleman from leaving Lon-
don, and on Wednesday evening Major A. Raw-
lings took his place, and delivered an eloquent
address in favour of Temperance. The hal
was well filled, and the audience so pleased
that the Major was earnestly desired to give
another evening. On Monday evening he gave
some readings and recitations from the American
poets and humourists. These were introduced and
occasionally interspersed with a few appropriate re-
marks, illustrative of the American characters.
Some of the finest pieces of Holmes, Longfellow,
Poe, Washington Irving, and Arternus Ward, were
selected. Edgar A. Poe's Raven' was read most
admirably, as well as a piece of poetry entitled
' The Show.' A very agreeable evening was spent,
and the audience were evidently well pleased and
gratified." Major Rawlings, we understand, is in-
vited to speak in other places. An opportunity
will soon be presented to hear him in London.

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