Star.
London, England, 1828-04-04 00:00:00

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pert qf a Member whose morn was phoned against,
to Nth actually seated him in this Hoge, the next
change which he should propose would be in the con-
stitution of the Committee. At present 100 Members
mast be present before the Committee could be drawn
that Committee consisted of 49, from which 13 were
to remain on the list—each party striking off one in
torn, with the exception of. the nominees. Now he con.
sidered the number 49 unnecessary in the first instance.
He knew the object originally had been to assimilate
ft to a Jury; but then he would not. as in some Jury
cases, propose that Members should be struck off on
cause assigned, because, to say the least of it, it would
be highly invidious; and he considered it would be
quite sufficient to follow up the Special Jury system,
and have 33 drawn and 11 to try the merits of the case.
As to the appointment of-nominees, he had reason to
believe they were not originally intended as parties in
the case, but were called upon to secure the greater ex-
perience. Each party named a Member to fill that
situation, and it must be evident that they never should
have been mixed up with the proceedings. In this opi-
nion he was greatly strengthened by the authority of
Mr.(now Lord.) Grenville; and it was obvious to every
Hon. Gentleman who had sat for any length of time its
Parliament, that the conduct of nominees was not al-
'rays unobjectionable—they often attended the consul-
ratio's of each party —and such being the case, the
/east course would be to do away with them altogether:
However nominees might be selected, be was afraid of
the abuses which Might follow from their appointment,
and therefore the most convenient step would be to do
them away. He did not mean to extend the proposed
regulations to the Members for Ireland, at all eventa
fee the present ; and having thus briefly stated the pro-1
posed alterations, he now moved for leave to bring in a
Bill to consolidate the Laws on Controverted Elections
of Members to serve in Parliament.
Mr. CROKER wished to say one word on the sub-
-lest of nominees. He agreed in general with every ,
thing that had fallen from the Right Hon. Gentleman
as to the theory of that (Ace' and particularly when he
remembered that the Iris Parliament, though they
adopted the rest of the Grenville Act, excluded the
clause relative to nominees, and on experience and pray
tic, found great advantage in having excluded it.
Another point to which he wished 'to call the attention
of the Right Hon. Gentleman was, the practice of ask-
leg witnesses whether they did not belong to some
branch of the public service, after they were sworn to
give evidence ? Now, he knew instances in which the
asking of that question had created a very paiolul feel.
ing in the minds of witnesses—to prevent this he would
suggest, that the question whether they belonged to
the public service should be asked before the witnesses
were sworn.
Sir J. MACINTOSH having been more than once
appointed a nominee on Election Committees, could
declare from experience that be never was in such a
disagreeable situation in his life as in that of nominee.
He suggested to his Right Hon. Friend to give the
Committee the power f choosing a Chairman from the.
rest of the House. As to the reduction of the number
of the Committee, he was quite in favour of it, and
should approve of even a still greater reduction, as he
was sure the fewness of number would tend to a greater
dispatch of business; and the reduction of the number
of the Committee would *Bow a reduction of the
-number of Members from whom the Committee was
to be balloted.
Mr. BANKES could not refuse his approbation to the
Measure, as he had two or three times in the course of
his Pat liamentary life endeavoured to effect the abolition
of nominees. He bad ever felt the greatest difficulty,
leben acting as nominee, to reconcile in practise the
conflicting duties of the office. The Bill would be much
improved by the omission of nominees. as he woo sore
the Committees would always be found to contain sul.
ficient Skill and ability, independently of the aid of tr
en;nees; but it was his opinion, that the number from
which Election Committees were balloted should remain
as it was at present.
Mr. Secretary PEEL thought it very desirable that
-these laws should be consolida ed, and their conflicting
provisions reconciled. The House was under great ob-
ligations to his Right Hots. Friend for his attempt to
improve them. He quite agreed in the proposal to alter
the constitution of the Election Committees, and reduce
the number. Eleven members would be quite sufficient
for each Committee, and render it easier to appoint
several Committees at the same time, an advantage not
to be overlooked, when it was remembered that the
whole mass of controverted election business generally
fell on the House at once. namely. the first Session after
a general election. That nominees shot Is! be abolished
he also approved. The mixture of duties which they
were celled on to perform was most inconsistent. The
practise of appointing nominees doubtlessly led to create
abilities and experience in particular Members. but what
wee the use of that when these abilities and experience
WO* directed to a wrong purpose? He did not profess
to have.at all considered the subjcet, but he would beg
to suggest to his Right Honourable Friend—and to his'
determination on the subject he should attract great value+
—whether it might not be better if they email agree
upon the choice of one, that the Committees should ap.
paint each its own assessor—some person probably of
competent legal experience? All be limed was, that the
plan of appointing thirty-three on the list; and ghring tol
the parties a power to stn ike 22 out of it, would frequently
have the Committee composed of. eleven individuals
totally inexperienced in all mattets requiting Legal or
technical information.
Sir J. MACINTOSH, in explanation, said, when
he spoke of selecting a chairman from the bocl7.lf the
House, he merely intended it as a matter of opsesolt.
Sir G. WARIIENDER coucurred with the 'Bight
Hon. Gentleman, that a Bill like that which he proposed
bad become absolutely necessary. He remembered
having been on a Committee, whose decision was le.
versed by the Dun of Session in Scotland, in cense.
quence of the Commit tee being unacqsainted generally
with Scotch law. an Assessor had been appointed,
or some Gentleman skilled in the law were allowed to
at-ist them, no such occunence would have taken place.
Mr.CALCIIAFT expressed himself ik favour of the
abolition of nominees, and though helad itftent served
in that office, be would by no means plead/guilty to all
the charges which had been brought against them.
Election Committees were usually appointed early in
the Session, and the general ob)ect seemed to be to
istioduce the young Members Into the Committees,
no doubt with a view to give then* experience in the
duties of Committees—(Hrir,and a laegb.) He could'
not agree to the appointnisat of Assessors,. neither did
he wish for the introduction of attire *Myers than writ]
tries already employed in such eases, hot's respectable,
they *aisle be. With respect to theproposed !mashie

of the Committee, he thought seven would answer as
well as eleven ; bet be would not consent to reduce the
number of 100 in the first instance.
• Dr. PHILLIMOItE supported the utility of milli.
noes. If intelligent counsel were allowed to attend
Election Committers, he thought it would• prove of
very great convenience and utility. With respect to
the Scotch case just now alluded to, he could only lay,
that the decision of the Committee was fully justified'
by precedent.
Mr. SPRING RICE said, the House should bear in
mind that the decision of an Election Committee was
final, if not appealed against. The constitution of such
, a Committee was, therefore, of great importance. In
his opinion, it was most desirable that greater light
should be thrown upon the proceedings of these Com-
mittees. It would be quite impossible fur the Houses
of Parliament to exercise their functions with aay
effect, unless the country was by some means or other
to understand the cause of their proceeding's; and
he was convinced that the same good which resulted.
from the publicity given to the proceedings of Par•
liament would be produced by letting in a little more
light upon the nature of Election Committees. The
great sin of the Election Committees was ignorance.
It was ignorance which produced almost the whole
of the errors and mistakes that were apparent in their
decisions. As a proof of the extent to which that igno-
rance sometimes proceeded, he need only mention the
case of an Hon. Friend of his, at that moment a Mem-
ber of the House. It was his fortune to be one r•f the
Committee appointed to try the merits of the Petition
which am from Scotland. Upon taking the evidence
of the Petitioner and going through his case, the Coin.
mittee were unanimously of opinion that nothing ha•l
come before them which would require them to call
upon the sitting Member for any detente. The mem
was, however, cleared ; and upon the Committee
viding, four of them voted that the Member ought to
In e his seat—(Hear) So that those very Members ot.
the Committee who declared the twit of those who
petitioned against his Hon. Friend the Member for
Aberdeen (it was a Petition against his return) to be
.so
detective, in point of evidence. that they thought he
ought not to go into his defence, immediately after•,
wards voted that he ought to lose his seat. Public.ty.'
would, in his opinion, protect the Committees from such
errors as these.

Mr. R. COLBORNE was glad the subject had been
t • ken up by the R ght Hon. Gentleman ; but I.e regretted
that the provisions of the Bill were not to extend to the
Men,bets for Ireland.

Mr. WARBURTON gave his full support to the Bill,
and wished that every publicity should be given to the
proceedings of Election Committees.

The CHANCELLOR of the EXCHEQUER said,
that the proceedings of all Committers upon Elections
were at one period allowed to be ispen to the public ;
but that course was found to be so inconvenient,
that it was found necessary to have recourse to a
different system. Some observations had been made
upon the subject of personal experience in the Metn-
bers of a Committee; and he really thought that such
experience was extremely desirable. As an illus
'ration of the necestity of some acquaintance with
the forms of proceeding upon Committees, he could
say that he had once been appointed a nominee, and
having throughout the whole of the discussions taken
part against the person for whom he was so appointed
—(hear, and a laugh), be had ri:.t been required io oc-
copy such a situation since—(A laugh). On another
occasion he recollected a Committee, with the very best
intentions to discharge their duty faithfully and purely,
ruling points of evidence twice over in a different man•
ncr. He believes!, indeed, that their determination a,
to these masters solely tested upon the fact, whether
the Lealing Counsel on either side happened to be in
or out of the room at the time they were called upon
to decide.—(Hear, and a laugh). Some experience,
betel re, upon these matters, was absolutely necessary
fair the effective discharge of the duties of any Member
of Con-unitive.

Mr. W. WYNN said. he was much obliged for the
many suggest•ons which had been thrown out to him,
and he would take care they should be attended to. II
he had leave to bring in the Bill, he should propo,e the
second reading soon after the holidays, and then fix a
day when it could be discussed in a Committ e.—
Leave granted.

. .... .
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dded to the right Pir whic PT He had
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board it said that,Vap.hllll er• objected to defending
titir stiosin con-equence of he great expense which
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-rweoluittee, without hearing
Ir•-lr all iiiaence at all on the