HC Deb 17 June 1851 vol 117 cc885-6
The ATTORNEY GENERAL

moved that the Report of the Select Committee on the petition of Thomas Hugh Bradford and John Strutt, be brought up. He said, that there could not be the slightest doubt that it was a breach of the Privileges of the House, in as much as by Resolutions of the House, in 1689 and 1774, persons were forbid to sign the names of others to petitions. He should, therefore, move that the House do agree to the Report of the Committee.

Resolved— That this House doth agree with the Committee in the said Report.

Ordered— That John Strutt and Charles Cunningham, having severally been guilty of a breach of the Privileges of this House, be for their said offence committed to the custody of the Serjeant-at-Arms attending this House, and that Mr. Speaker do issue his Warrants accordingly.

Subsequently, the Serjeant-at-Arms reported to the House that John Strutt and Charles Cunningham were in his custody.

The ATTORNEY GENERAL

moved that they be brought to the bar of the House, and after being reprimanded by Mr. Speaker; discharged. He believed that in making that Motion he spoke the sense of the Committee who had reported upon this matter. He regretted very much the absence of the hon. Member for Lancaster (Mr. T. Greene), who presided over that Committee. It was at that hon. Gentleman's request that he made the present Motion. It appeared that Cunningham had signed the petition under the impression that Strutt had authority to direct him to do so. Had that not been the case, the Committee would not have been disposed to recommend to the House so lenient a course as that which he had suggested. A very gross breach of the Privileges of that House had been committed by these gentlemen; but he believed that the House would sufficiently mark its displeasure with their proceedings by agreeing to the Motion which he had made.

MR. FRESHFIELD

thought the recommendation of the Committee a merciful recommendation, considering that the education of the gentlemen warranted the expectation that they would not have taken a course which clearly trenched on the rules of that House.

Ordered— That the said John Strutt and Charles Cunningham, be brought to the Bar of this House forthwith, in order to their being reprimanded by Mr. Speaker and discharged.

John Strutt and Charles Cunningham were accordingly brought to the Bar, where they received a Reprimand from MR. SPEAKER, and were ordered to be discharged out of custody, paying their fees.

The Reprimand was as followeth, viz.:— John Strutt and Charles Cunningham, a Petition was presented to this House on the 28th of April last, purporting to be signed by Thomas Bradford, against the Return of Richard Bethell, Esq., for the Borough of Aylesbury; and it appears from the Report of the Select Committee appointed to inquire into the circumstances of the case, that you, Charles Cunningham, with the sanction and by the desire of your partner, John Strutt, did most unwarrantably affix the name of Thomas Bradford to that Petition. It is the bounden duty of this House, a duty which it owes to the people whom it represents, to protect the right of petitioning from abuse; and it is determined, by the just exercise of its authority, to check any practice which, by casting doubts upon the authenticity of Petitions, has a tendency to lessen their value and importance. According to the ancient Rule of this House, it is a broach of its Privileges for any person to set the name of another to a Petition: and your conduct in this instance cannot be palliated or excused on the ground that you were ignorant of this rule; because, engaged as you both are in the profession of the Law, and occasionally retained in matters connected with Election Petitions, you must necessarily be familiar with the usages and practice of Parliament. Your offence, moreover, is greatly aggravated by the fact that this Petition, which you so culpably signed, was to form the foundation of a judicial inquiry under the provisions of an; Act of Parliament. Such gross misconduct on your part has received, as it deserves, the condemnation of the House. But, at all times anxious to exhibit as much lenity as is consistent with its dignity, this House is willing to hope that the position in which you are now placed, so painful to any honourable mind, and so discreditable to yourselves, will carry with it a sufficient punishment. I am commanded, however, by the House, to convey to you the expression of its marked displeasure, and in obedience to its commands, I now reprimand you for the offence which you have committed. I have further to acquaint you, that you are discharged, upon the payment of your Fees.

Ordered, Nemine Contradicente— That what has been now said by Mr. Speaker in reprimanding the said John Strutt and Charles Cunningham, be entered in the Journal of this House.

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