HC Deb 10 February 1843 vol 66 cc388-92
Mr. Lid-dell

rose to move for leave to bring in a bill for the purpose of preventing the fraudulent Personation of Voters at contested elections. He had had sufficient experience of this evil to convince him of its magnitude, and of the necessity of applying some effectual remedy. He could mention many cases in which the practice had been carried to great excess, but he would confine himself to one or two. At the late election for the county of Derby, men were brought in large numbers to personate absent voters. Some of these were arrested by the High Sheriff himself, and several who were sent for trial for personation and perjury were condemned and sentenced to twelve months' imprisonment and hard labour. Others for personation only without perjury, were condemned to six months' imprisonment and hard labour, and others to three months'. The number thus punished showed the extent to which this atrocious practice was carried. In another case— that of Belfast—the practice had been carried to a still greater and more disgusting length, but the committee which inquired into the case acquitted the candidates and their committees generally of any knowledge of the crime; and the man who was known to have taken a very active part in procuring this personation declared in the committee that he was heartily ashamed of his conduct, but that he would not have resorted to it if he had not been informed that it was also practised at the other side. Before he called the attention of the House to the remedy which he should propose, he would observe that the Reform Act had done very little to repress the crime. By the 58th clause it was enacted that at the time of voting no inquiry could be made as to the right of a man whose name was returned on the registry; but certain questions were allowed to be put as to the identity of the man and the qualification. He might be asked, "Are you the same person whose name is here? Have you already polled here or elsewhere at this election? Have you now the same qualification for which you claimed to vote at the registration?" and an oath might be put to him as to the truth of his several answers to these questions. Towards the end of an election, it became known that a certain number of electors would not be forthcoming, and immediately steps were taken to present parties in the booth to personate them. If the person who was brought up to personate the voter was ready to answer the questions and take the oath, the returning officer had no power to refuse the vote; the party was then taken to a neighbouring or other public-house, when his clothes were changed, and it was in very many cases totally impossible even to recognize him. Such, he believed, was a tolerably accurate account of the manner in which the abominable practice was carried on. It was particularly common in seaport towns, for in them many of the persons whose names were on the register were on distant voyages, and it was well ascertained how many electors and who they were who would not be forthcoming at an election, and they were counterfeited by others in the unprincipled manner he had already pointed out. The remedy which he intended to propose was an extremely simple one, and his belief was that it would be an effective one. He proposed that, in the event of an individual being brought up at an election, and it was known to one or two persons in the booth that he was not the person he pretended to be, it should be lawful for the returning officer, or his deputy, on their rising and voluntarily declaring their readiness to make oath to that fact, not to reject the vote, but, that he should put the questions and administer the oath; he should then record the vote, and place against it the words "Protested against." It should then be lawful, he proposed, that the returning officer, or his deputy, upon the oath of one or more person or persons, should hand the personater over to a parish constable, who should be in attendance for that purpose, who should be required, within a specified time, say twelve hours, to take the party before any two justices of the division of a county, or of a city or borough, before whom the charge should be properly and thoroughly investigated. If it should appear to them that the charge was a just one, that the real voter had been personated by the party before them, then the magistrates, acting under the provisions of the Reform Bill, should commit him to the common gaol, and bind over the witnesses to prosecute for the offence. His belief was, that such a law would put a stop to the iniquitous practice, but it was necessary to go further, it was but right that they should protect the bonâ fide voter. It might be possible that there might be some person or persons in the booth who, in the heat of a contested election, and for unworthy purposes perhaps from ill-will, or perhaps in order to gain a temporary triumph, might make such a charge against a bonâ fide elector. To remedy that error he provided that the magistrate, if he saw there was no foundation for the charge, should have the power to fine the party making the false or unfounded charge to the amount of 5l., and if he should not be able, or refuse to pay the fine, then he should be punished with imprisonment. It appeared to him that his measure would prove an efficient remedy for a great evil, and that it would have a double value. If it did not stop the practice altogether, it must, however, prove a material check upon it; but it went further, and provided against the greater evil and gross breach of the privileges of that House—it provided against a representative being sent there who was not elected in a bonâ fide manner. The votes which were obtained by personation were distinguished by the mark of the returning officer, and that would prove easily attained and bonâ fide evidence of the fact before a committee. He had only one other observation to offer. The remedy he proposed attached to the criminal the very measure of his guilt. The profligacy, the perjury, the rascality of any man who consented to be made the instrument in such vile proceedings was open and manifest enough; but what then was to be said of those men, men of character and education, who ought and did know better—what was to be said of them who were the first to set the system going by seducing men to commit such gross and corrupt perjury? The remedy he proposed did not reach them. The ordinary principles of law prevented him from attempting to touch them. However, as the measure was one wholly devoid of all semblance of party feeling, he would be most happy to receive any suggestion, but more especially from hon. and learned Members, on the last point; he should like to amend it so that they might reach the great offenders. The hon. Member concluded by moving for leave to bring in his bill.

Mr. Mackinnon

seconded the motion.

Mr. Ross

wished to address a few observations to the House in consequence of the hon. Member having said that he had gained much of his experience on the subject from having been one of a committee which set upon the election for Belfast, in 1841, when the return for that town was set aside. Before that com- mittee, a man named Howler confessed his iniquities with a greater show of contrition, saying that he had been induced to begin the system of personation because the other party were actively engaged in it. Now, he could state positively that there never was a more false statement made, for there was not the shadow of a reason for saying that there was even a single case of personation among those who were his friends upon that occasion. One fact connected with that election he would state to the House. He went into one of his committee-rooms, to which a man was dragged by his (Mr. Ross's) friends, and he had considerable difficulty in saving him from being mal-treated, because he had come forward and tendered his services to personate voters on his be half. From the two petitions which had been presented last Session complaining of returns for Belfast, that town had suffered very considerably in the public estimation. It ought, however, to be known that it was distinctly proved that, although personation had been practised, not one of the inhabitants of Belfast was implicated in the offence; a fact, which, when known, must tend much to restore to the town its good name. He should give the measure of the hon. Gentleman his utmost consideration, and would be most happy to contribute, in however small a degree, to bring so desirable a law into operation. By the present law no power but a committee of that House could remove the name of the voter personated from the poll.

Mr. Brotherton

offered his thanks to the hon. Member opposite (Mr. Liddell) for so excellent and necessary a measure. He hoped the remedy proposed would not only be salutary but effectual.

Motion agreed to.