THE DERBY ELECTION. (Hansard, 19 November 1852)

§ SIR ALEXANDER COCKBURN
was about to rise to bring under the consideration of the House the petition of the Electors of the Borough of Derby, when

§ MR. SPEAKER
I think it right to direct the attention of the House to what I consider an informality in this petition, and if the House shall be of the same opinion, it will not be competent for the hon. and learned Member for Southampton to pro- 255 ceed with his Motion. I wish, in the first place, to call its attention to a clause in the 11th and 12th Victoria, which declares what shall he deemed an Election Petition. This clause enacts that every petition presented to the House of Commons within the time from time to time allowed by the House for receiving Election Petitions, complaining of an undue election and return of any Member of Parliament, or that no return had been made, and which petition shall he signed by some person who had voted, or had a right to vote, at the election to which it related, shall be deemed an Election Petition. Now, this petition begins by stating— That your petitioners are electors of the Borough of Derby, and voted at the last election of Members to serve in this present Parliament for the said Borough. It contains another allegation, namely— That the return of the said Thomas Berry Horsfall was procured by illegal and corrupt means, and by an organised system of bribery, which was resorted to, and successfully carried out, for the purpose of procuring, and which did procure, the said return. And the prayer of the petition is as follows:— Your petitioners therefore humbly pray your Honourable House to institute a full and searching inquiry into the allegations of this petition, and into the proceedings of the said Right Hon. William Beresford, with reference to the last election for the Borough of Derby. Now the question is, whether this allegation— That the return of the said Thomas Berry Horsfall was procured by illegal and corrupt means, and by an organised system of bribery, which was resorted to and successfully carried out for the purpose of procuring, and which did procure, the said return, should not be considered as an allegation complaining of an undue return for the Borough of Derby, in which case the petition would be an Election Petition, as defined by the Statute.

§ SIR ALEXANDER COCKBURN
Understanding, Sir, that you entertain a strong opinion upon the point of formality, which you have stated to the House, I should not be inclined to struggle against that opinion; but it strikes me that inasmuch as the prayer of the petition is not to make void the return, and inasmuch as the bribery that is alleged is not stated to have been committed by the sitting Member, or by any person for whose acts the sitting Member would be responsible, this petition, it strikes me, does not come with- 256 in the clause of the Act. At the same time, I think it will be a great pity to take up the time of the House in discussing a question of that kind; and if, Sir, you entertain that view, I will withdraw my Motion—for I have not the slightest wish to press it forward against your opinion—and will leave the petitioners, if they think proper, to present another petition.

SIR JOHN YARDE BULLER
said, he begged to state, on behalf of his right hon. Friend the Secretary at War, that he (Sir J. Y. Buller) was quite prepared on his part to go into the case now, unless Mr. Speaker ruled that the Motion of the hon. and learned Gentleman (Sir A. Cockburn) could not be entertained by the House.

§ MR. SPEAKER
If the House allows the debate to proceed on this petition, it will really have received a petition which it ought not to have received at all, because the Act states that no election petitions can be received by the House unless they are endorsed by the officer of election recognizances, who must state that the recognizances had been properly entered. Now, if this petition comes within the definition given in the Act of an election petition, then it ought to have been endorsed by the officer of election recognizances; and as it has not been so endorsed, I do not think it ought to have been received; and I am of opinion that the House cannot proceed with the debate.

§ SIR ALEXANDER COCKBURN
This, then, being your view, Sir, as I said before, I will not struggle against it, but will withdraw my Motion. But I do think these petitioners are bound to give the right hon. Gentleman the Secretary at War an opportunity of clearing himself of the charges that have been brought against him; and, therefore, I hope the parties who presented this petition—having failed from the informality which you have pointed out—will not hesitate to come before the House again with the least possible delay.

§ The CHANCELLOR OF THE EXCHEQUER
It is unnecessary for me, after what the hon. and learned Gentleman has said, to add a word. I merely rise to say, I think it would be inexpedient to act contrary to the regulations of the House on such an important subject. But I think there will be no difficulty in devising some means by which a full and speedy inquiry shall be given to it, and I think that must be the wish of every Gentleman on both sides of the House.