The Sun.
London, England, 1826-06-26 00:00:00

BRIBERY AT. ELECTIONS.

Mr. Locke, in his Essay on Government, ranks it
among those breaches of :trust in the Executive Ma—
gistrate,,which, according to his notions, amount to a
dissolution of the Government, if he. employs the
force, treasure, and offices of the society, to corrupt the
representatives, or openly to pre-engage the Electors,
and prescribe what manner of persons shall be chosen.
For thus to regulate candidates and electors, and new
model the ways of election, what is it (says he) but
to cut up the Govenunently the roots, and poison the
very fountain of 'public security. Enormous, however,
as this offence may be, when committed by the Exe-
cutive branch of the Government, a part of its enor
mity is, nevertheless, shared by those electors who
permit themselves to be bought by bribery, and they
may be assured that the candidate ' who buys them
most heartily despises their venality, andbetakes himself
to his seat in Parliament as the Representative of his
own proper interests, with a full determination to turn
his purchase to the best possible account. Look-
ing at the effect of this offence, both as it regards
the elector bribed, and the candidate bribing, it
is not difficult to see that the state must suffer, and
therefore the law has most properly visited this
offence upon the heads of both parties, and holds them
alike amenable to its provisions to answer for , the
crime they have committed. Thus the treating Act,
7 W. 3. c. 4, has enacted that no candidate shall, after
the date of the writs, or after the vacancy, give any
money or entertainment to his electors, or promise
to give any either to particular persons, or to the place
in general, in order to his being elected, on pain of being
incapable to serve for that place in Parliament. And
by 2 G. 2. c. 24. it is enacted that if any money, gift,
office, employment, or reward, be given or promised to
be given to any voter, as well he that takes as lie that
offers, such bribe forfeits 5001., since raised by 49 G.
3. c. 118. to 10001. and is also disabled to hold any
office in any Corporation. The offender is also liable
to a criminal prosecution, as was determined in the
case of the King against geed and, Pitt, Trinity
Term, 2 G. 3.; amiss for ever disquali4ed from votitg-
at elections, ffhe is convicted of the offence. In ad-
dition to these penalties, the law, in order to secure
the purity of election, directs that every elector shall,
if so directed, take the bribery oath; a provision which,
besides 'occasioning great loss of time, is not half so
efficacious as an enactment requiring the candidate to
take such an oath, would in all probability prove.
It appears now to be a question whether a candidate
who has treated the electors contrary to the 7 W. 3,
c. 4, would be permitted to sit, if re-elected, although
the words of the act seem scarcely to warrant his total
exclusion, and, several decisions of the House of Com-
mons have confirmed this construction. ,But the con-
trary has been held in several other cases, as in that of
Honiton, in 1782, and that of Southwark in 1796.
But as treating is to all intent and purposes bribery, it
seems that the better opinion now is, that a candidate
once convicted of this ohne is for ever incapacitated,
and cannot legally take a .seat'in-tho House of Com-
mons. (See on this point, Corbett and Daniels' Elec.
' tion Cases, 249, and Luther's- Election Cases, 72.)
How far the payment of the travelling expences of an'
elector is or is not bribery, within the meaning of the
before cited acts, would appear to be equally question-,
able ; especially as the 49. G. 3, c. 118, has- expressly
allowed the payment of any legal expences bona fide
incurred at or concerning any election, and there are ,
not wanting judicial decisions, which go the whole way
of alithonsing the payment of travelling charges, and
even of some compensation for loss of time. In
a debate, however, • in the House of Commons
on this question some years back, when a brill, de- ,
daring such acts bribery, was under consideration, it
seemed to be the general opinion that the bribery acts
were strong enough to meet the case ; and indeed, it
was upon this ground that the bill before mentioned
was rejected by the House of Lords; a decision
which, at this distance of time, we may be permitted to
term a piece of political manoeuvring, which in sub-
sequent days has been fully successful. This payment
of travelling expences and compensation for loss of
time, has been productive of a variety of decisions, so
that it is hardly possible to arrive at any safe conclu-
sion as to the law on these points. Lord Mansfield
has declared that no further acts against bribery were
necessary, meaning to say that the provisions in force
were sufficiently general to meet every possible case of
bribery that could be brought forward; but subse-
quent judges have not supported his Lordship's view
of the law, and some act declaratory of the meaning
and extent of the bribery acts, seems to be highly de.
sirable. Money's-worth was not considered bribery-in
former times, but little' d oubt can n ow be entertained, that
in these enlightened days it would he deemed bribery,
and subject the parties to the before mentioned penalties.
The effect of even one instance of bribery is to avoid
the election altogether, even should a majority of un-
bribed votes remain after the bad ones are struck
through. Although treating is thus penal in its con-
sequences, it should seem that a distinction exists be-
tween lavish and moderate entertainment, the latter
being allowed ; see Shepherd on Elections, and 2
Peckwell's Election cases, 31.
The making of presents after the vote is taken,
is another case, not expressly provided for by the be-
fore named bribery acts, and this has consequently
given rise to some discussion. However far removed
these subsequent donations may be from the letter of
the acts, it is quite clear they are within their spirit
and meaning, and we should be greatly inclined to
think -that the common law would hold this act equally
as criminal as more open and notorious bribery ; es-
peCially where the present has followed the vote so
speedily, as to admit of no doubt that it was given for
the vote, or where it has been made in such a way as
given to the same party.
to induce a reasonable expectation that a like reward
would attend another vote
In the case of Lord Hunti-Pgthwer v. Gardener, Hil.
Term, 1823, where a voter received money after an
election for -having voted for a particular person, but
was
having been
sal! payment
held not to be bribery,
made before the election, it,
no agreement for any
•
within the. 2 Gad. 11. 04 but it will be r
bete
d that it was against cases of this kind that, the
resolutions proposed by Lord J. Russell, on the 27th
ofMay, 1826, were particularly directed. This deci-
ion is only confirmatory of those in 2 Douglass
Election cases, 137, and 2 Peckwell Election cases,

467. Innkeepers would also do well to be on their
guard, as in case the candidate should refuse here-
after to pay his bill, no action at law will lie to recover
the amount, a point which has now been too long settled
and at the same time too proper and reasonable to
admit of being shaken.
Wagers as to the event of an election are illegal on
two grounds, first that they operate as bribes, and
second, that they are gaming contracts—see the case
of Allen v. Heath, Michaelmas Term, 1785. Money
given to purchase the freedom of a borough also
held to be bribery, but the payment of the fees on ad-
mission by the atl gent of the candidate, appears to be
allowed.

Such are the provisions of the law regarding bribery
at elections, and such the judicial determinations that
have at different times elucidated these acts. The de-
cisions of an Election Committee of the House C4l
Commons are entitled to like weight and conside-
ration, as the more solemn judgments of a Court. of
Law, and would be quoted before another Com-
mittee of the same House, with perhaps greater effect
than those of the Courts of Law. _

In conclusion, we have only to hint to candidates
and electors the necessity of caution on this point, and
add, for the benefit of those who are disposed to carry
the election of their man by riot and disturbance, and
the use of the military, that the one has been held to
avoid the election, and a new writ has been ordered
to be issued, and the Attorne)-General directed
to prosecute ; and for the latter, Magistrates havT ere
this been reprimanded on their knees by the Speaker,
and qlections even declared void. Such conduct, in-
deed, unless in case of very serious and alarming dis-
turbances, infringes upon the constitution, and those
popular
,rights and privileges of which the House of
Commons is in an especial manner the guardian and
protector.

From the LONDON GAZETTI3, Ju;E

Admiralty-Office, June 22, 1826.,
• Vice-Admiral Sir Harry Neale has transmitted to John Wilson
:croker; Esq. a letter from Captain Hamilton, of his Majesty's
ship Cambrian, inclosing a report from Captain George Hope
"Johnsone, of his Majesty's sloop Alacrity, of the destruction of
four piratical vessels, on the 9th and 10th of April last, under the
Greek islands of Ipura and Andros.
The Alacrity having left Stnyrna Bay on the 6th of April, was
passing the island of Inure, on the morning of the 9th, when two
misticoei, deceived by the manner in which Captain Hope John-
stone had disguised her being a brig of war, came out from under
Autipsera, and gave' chase to her. The Captain allowed them to
near the Alacrity, but when within about two miles of her, they
discovered that she was a vessel of war, and did their utmost to
get away with sweeps and sails. The Alacrity made all sail to
cut them oir; and the boats were sent in chace of them, under
the orders of Lieutenant Triscot, First of the Alacrity. After
pulling more than thirteen miles, the boats forced the pirates to
ground their vessels, and, to fly on shore in Ipsara Mole, where they
took npa position in front of some ruined houses near the Mole.
The pirates were about fifty in number, more than double the
number of the Alacrity's party; and on being asked to send their
I.Noler to the Commander of the boats, they answered with a
volley of musketry, which was promptly trimmed from the boats;
Lieutenant Triscott, with 144 at and men, then leaped on
Ain't, and the pirate. !fed, availi,%thentpeke* of the shelter pith,
hduses to escape to the hills. Thr boats returned to the Alacrity,
twinging with them the two niisticova whirl, Captain llope.tohn-
atone caused to be burnt and scuttled, and two prisoners, a man
and a boy, who reported that two of the pirates were wounded.
No person of the Alacrity's party.was hurt.
Early in the morning of the following day, the Alacrity being
in the Doro Passage, Captain Hope Johnston. discovered two
mistimes standing out from a bay in the island of Andros to cut
her off; and observing them shortly after tack and stand back, be
made all rail in chase and sent the cutter to pursue them, under
the command of Lieut. Triscott. The crews of the misticoes,
upwards of 60 in number, landed, and took possession of an old
tower, situated on a rock, which commanded the creek into which
they had run their vessels; and ae the cutter came near they
opened a very heavy fire of musketry on her, which was instantly
and smartly returned, the haat pushing on is a most gallant and
judicious manner. The Alacrity covered her with her guns, and
fired several broadsides, which assisted to drive the pirates (rain
the rocks. Lieut. Triscott and his men, IS in all, landed, and,
pursued the pirates up the hills, keeping up a sharp fire on them,
whilst the Alacrity anchored, and the Captain sent the other
boats to assist. Shortly after the boats returned, and brought
with theta the two mistieoes, which were burnt and scuttled, and
three prisoners, one of them severely wounded. Two seamen
end one marine were wounded in the Alacrity's cutter; and in
setting one of the mistimes on fire, an explosion unfortunately
took place, by which Lieut. Wheelie was severely burnt.
Captain Hope Johnsthtte, in his report, expresses the highest
approbation of the conductof his officers and men ; and in trans-
mitting the report, Sir Harry Neale, as well as Captain Hamilton
commend the active and spirited exertions of Captain Johnstone,
and of Lieut. Triscott, on those occasions.

Crown-Office, June 23, 1.326.
Minims returned to serve in the New PAILIAMINT.

BOROUGH or BI.T.TCHINGLICY.-..Wal. Russell, of Biancepeth•
castle, in the county of Durham, Esq. ; Ch.trles Tennyson, a
Park-street, in the liberty of Westminster and county of 111111.

_
dlesex, Esq. -
&moues( or Borron.—Gilbert John Heathcate, Esq. ; Neill
Malcolm the younger,' Esq.
Bosom:in or ClaZl:rEaTlll.—The Right. Hon. Henry George
Bathurst (commonly called Lord !Daley); Joseph Cripps, Esq.
Boacweir or Thauv....-Henry Frederick Compton Cavendish,
Esq. ; Samuel Crompton, Eq.
COUNTY OE Dxstay.—The Hon. George Augustus Henry Ceven-
dish (commonly called Lord George Augustus Henry Caven-
dish); Francis Mundy, Esq.
Colmar or EDINBUJIGH.—Sir George Clerk, of Penieuick, Bart.
Cm- or EDINEWIGH.-..-The Right Hon. William Dundee.
BOROUGH or GATTON.—Wrn. Scott, Esq. (commonly called the
lion. Win. Scott), of Grafton-street, in the county of Middle-
sex ; Michael George Prendergast, of Clarges-street, in the
same county, Esq. ]
Cm or GLoucrirrxx,—Edward Webb, Esq. ; Robert Bransby
Cooper, Esq.
COUNTY or GLOUClSTKR.—Lieutenant-Geneml the Right lion.
Sir Robert Edward Henry Somerset, Knight Commander of the
Bath (commonly called Lord Robert Edward Henry Sernereet);
Sir Berkeley William Gnise„ Hart.
Bowman or Olitneroun.—Arthur Onslow, Esq. of Sergeant's
Inn, in the city of London, one of his Majesty's Sergeants. at
Law; George Chapple Norton, of Garden-court, in the Middle
Temple, in the city of London, Esq.
Bosom: at or GRANTWAIII,-.-Frederick James Talinash, Esq. ;
ruin:
,ot yhsontf.
allayjanl York,est: Req.
s:(corn.
Mountegue John Chohneley, Esq.
Homilies( or Ciactr Gainsay.--Charles Wood, Esq.; George
Fiesehi lieneage, Esq. s
Bonairon or flasraiteax. -.--Tlie Right Ilona John Beckett, of
of Stafford, K.C.H. ; George
Downing-street, in the county of Middlesex ; George Lowther
solTi'0:11-ftrilyethrfteklgSiintlatblihle-fe°yen:
ly called Lord John Hay).
mon .
Crry or LiTcnrixtp.—Lientenent-General Sir George Anson,
the county of Middlesex, Esq.
Colirrx or Litarrnoow.,--Lientenent-General the honourable
C °oufi'S
GranvillelhtlgoThompson,br ai.eo: gnf Pa
bS:ll:exeisnrciT the'
Irtfni .uo:tnot
Sir Alexander Hope, of Waughton, G.C.B.
Con NTT or Lizicoi.x.---Charles Chaplin, of Blankney, in the said
county, Esq. ; Sir William Atucotta Ingilby, of Kettlethorpe,
in the said county, Rut.
Cm or LONDON.—William Thompson, Esq. Citieen, Alder-
man, and Ironmonger, Robert %Amen, Raq. Citisen, Alder-

man, and Frame-work-knitter; William Ward, Esq. Citizen and
Musician; Matthew Wood, Eaq: Citizen, Alileiman, and fish-

monger

Cov;;Tr or Miormitstx.—Georgs Dyng, Esq. ; Samuel Chai les
Whitbread,
Boisonost or NEWARK-vrow-Tarwr.— Lieutenant-General Sir
William Henry Clinton, Knight Grand Cross of the Most Hon.
Military Order of the Bath ; Henry Willoughby, Esq.
Couttrr or NOTTINCHAIL—Franic Sotheran, Esq. Vice-Admi-
rid of the White Squadron of his Majesty's Fleet; John Simile
Lumley, Esq.

Toww or Norrnionast.—Joseph Birch, of the Hades, in the
county palatine of Lancaster, Esq. ; the Right Honourable
George Augustus Henry Anne Parkyris, Baron Bancliffe, of
the kingdoni of Ireland.
Con NTY o r Psenstits.—Sir James Montgomery, of Stanhope, Bart.
Haltom:it or REICATt.—Vice Admiral Sir Joseph Sidney York,
one of the Knights commanders of the Moat non. Military
Order of the Bath ; James Cocks, of Chesterfiel&street, May-
fair, in the county of Middlesex, Esq.
BOROUGH or EAST RYlllonl).—Sir Robert Lawrence Dundee,

Kuigl4,.Cointnandei. or the 'Will Wm. fiattie Wrightson, Esq,
Bolounib OF STAUFORD.--Tbe fan. Thomas Cecil (commonly
called Lord Thomas Cecil) • Thomas Chaplin, 'Esq.
Cou wry' OF SUJUlSY.*WmNifiepil Denison, of Debbie., in the
said eonntY, Esq.; Merles Nicholas PaHiner, of Noibiton, in

the said county, Esq.
Boxounti otiSountwaatc.—Cluirles Calvert, Esq. ; Sir Robert

Thomas Wilson, Knt.
Bottooort or Tawtasnour.—John Edmund Dowdeswell, Esq.;
John Martin, Esq.
CITY or Wr.srmirmrsit,—Sir Francis Burdett, Bart. ; John
Cam Hobbonse, Esq.
CITY or Woncserrita.—Thomas Henry Hastings rhMea, F:sq. ;.
George Richard Robinson, Esq.