HUNTINGDON COUNTY ELECTION. (Hansard, 16 July 1857)

HC Deb 16 July 1857 vol 146 cc1550-5 1550

§ The names of the Five Members appointed to try and determine the matter of the Petitions complaining of an undue Election and Return for the County of Huntingdon were called over; and Sir Edward Dering not being in the House, Mr. Speaker informed the House, that he had received a Letter from Sir Edward Dering, stating that his health rendered him incapable of a protracted atttendance upon the Committee, and that Dr. Latham was prepared to give evidence at the Bar that his attendance from day to day would materially injure his health. Letter read, as follows:— House of Commons, July 14, 1857. Sir,—I have been selected by the General Committee to serve on the Huntingdon Election Committee, and I beg to submit to you some reasons why I venture to hope that the House may be pleased to dispense with my attendance. I was sent abroad last year on account of my health, and the result is, that I am now quite competent to discharge the ordinary duties of attendance in the House, but as the Huntingdon Committee involves a scrutiny of a very protracted nature, I think it only fair towards the Committee, as well as to myself, to express my conviction that I am not at this moment physically capable of undergoing the labour attendant on a lengthened investigation. My medical adviser (Dr. Latham) is prepared to state at the Bar of the House that he is clearly of opinion that a close attendance from day to day for a considerable period would materially injure my health, and be likely to bring back those infirmities for which he sent me abroad last year. Under these circumstances, Sir, I beg to leave my case entirely in the hands of the House, and to express my entire readiness to abide cheerfully by their decision. I have the honour to remain, Sir, Your obedient Servant, EDWARD CHOLMY. DERING. The Right Hon. The Speaker, &c. &c. &c.

§ MR. WALPOLE
said, he thought the best course would be to summon Dr. Latham to the bar and examine him, and he should move accordingly.

§ Motion agreed to.

§ Dr. Latham was called in and came to the bar; but afterwards, on the Motion of 1551 Sir GEORGE GREY, he was ordered to withdraw, and he withdrew accordingly.

§ SIR GEORGE GREY
said, he wished to ask his right hon. Friend (Mr. Walpole) as the Chairman of the General Committee of Elections, whether he was satisfied that the House had the power now to entertain these objections. Ought they not to have been made to the General Committee and decided upon by them?

§ MR. WALPOLE
said, the General Committee were hound to proceed according to the provisions of the 11 & 12 Vict., c. 98. After a Committee had been selected to try a particular election petition, it was the duty of the General Committee to give notice to each of the Members so selected. On the following day, hon. Gentlemen might attend the General Committee and state their reasons why they should not be required to serve. The only objections, however, which could be urged were those contained in the 56th section—namely, "by reason of having voted at the election, or by reason of being the party on whose behalf the seat is claimed, or related to him, or to the sitting Member, by kindred or affinity in the first or second degree, according to the canon law." The usual course, when the objection was founded on the ground now taken, was to write to the General Committee previously to the selection, stating the facts on which the claim to exemption was based; the claim would then be recognized by the General Committee, if made before the Select Committee was chosen; but they had no power to do so afterwards, and, as the case of Sir Edward Bering was only submitted to them yesterday, all they could do was to report to the House the Committee as they had chosen it. The House, however, had the power of dealing with the subject under the 71st section of the Act, which enacted that "if on the day first appointed for swearing the said Committee sufficient cause be shown to the House, before its rising, why the attendance of any Member of the Committee should be dispensed with, the said Committee shall be taken to be discharged." The case of the Huntingdon election was a peculiar one. There had been a double return, two of the candidates having polled an equal number of votes; it was likely to be a long inquiry, and it was extremely important that the members of any Committee appointed should be fully qualified to attend from the beginning to the end of the proceedings, in order that the scrutiny 1552 might be properly conducted. Now, if it appeared from Dr. Latham's evidence that the health of one of the hon. Members was likely to break down before the Committee had terminated its labours, it would be very desirable that the Committee should be discharged and a new one appointed; therefore the best course they could now take was to call in Dr. Latham, and examine him as to the health of Sir Edward Dering.

§ SIR GEORGE GREY
said, there could be but one feeling on this subject, and that was, to consult as much as possible the feelings of hon. Members in such a case; but when they were proceeding under an Act of Parliament it was essential that the course adopted by the House should be sanctioned by that Act. Now, the 69th section enacted, that if any Member of the Select Committee did not attend in his place on the day appointed for swearing the-said Committee, or left the House before it was sworn, he should be ordered into the custody of the Serjeant-at-Arms for such neglect of his duty, and should be otherwise punished or censured at the discretion of the House, "unless it appeared to the House, by fact specially stated, and verified upon oath, that such Member was, by a sudden accident, or by necessity prevented from attending the House." In the present instance, however, there was no plea of "sudden accident or necessity;" the words of the Act were strict and specific; Sir Edward Bering was in his place; and, that being so, it appeared to him (Sir George Grey) that the hon. Baronet must be sworn. The clause quoted by his right hon. Friend seemed only to give the House power, upon cause shown, to dispense with the attendance of any Member on the day fixed for swearing in the Committee.

§ SIR JOHN PAKINGTON
said, this inconvenience would follow if the course of the right hon. Gentleman were adopted; the Committee would have to go on in this important case with four Members. If the clause could be brought to cover the case, through the evidence of Dr. Latham, it would be the best course to discharge the Committee.

§ SIR GEORGE GREY
If it can be done legally I have no objection whatever.

§ COLONEL WILSON PATTEN
said, there was a sufficient reason why Sir E. Dering's attendance should be dispensed with, if Dr. Latham's evidence was sufficiently strong as to his ill health.

1553

§ SIR WILLIAM HEATHCOTE
said, he thought the clause might well bear the interpretation, that if the fact were stated to the House that the hon. Member in question could not attend to the duties of the Committee, that alone might be considered a sufficient cause for the House to dispense with hon. Members attending to be sworn at the table. He was of opinion that Sir E. Dering ought not to be called to the table to be sworn. Of course, the Committee of Elections only wished for the opinion of the House on the subject.

THE ATTORNEY GENERAL
said, he concurred with his right hon. and learned Friend (Mr. Walpole) that Sir E. Dering having been once nominated, the Committee of Elections could not now entertain the objection made, and that it was for the House itself to deal with it. If Sir E. Dering was present at the table, and assigned such a reason as had already been assigned for his non-attendance, it would be competent for the House further to inquire and to examine Dr. Latham, and then, the evidence being sufficient, to dispense with his attendance. It was most important that the House should adhere to the words of the statute, or else the proceedings of the Committee might be afterwards held to have been coram non judice, and the whole inquiry fall to the ground.

SIR JOHN HANMER
said, the same thing took place last year in reference to the case of Mr. Lascelles, when the medical man was examined. The Committee was, in that case, discharged and re-appointed, and he did not see why the same course should not be here pursued.

§ MR. WALPOLE
said, that with a view to regularity in the discussion he should move that Dr. Latham be called in and examined at the bar.

§ SIR GEORGE GREY
observed, that he would not offer any further objection to that course, having given his opinion as to what ought to be the course of proceeding.

§ MR. ROEBUCK
said, it seemed to him that the House was about to subject Sir E. Dering to a system of torture. The right hon. Baronet (Sir G. Grey) appeared to think that Sir E. Dering ought to serve on the Committee until he broke down. Now, surely that was a course which the House in its humanity—to say nothing of its common sense—would not adopt. The House was the sole judge in this matter, and was free to determine whether upon the evidence of Dr. Latham it was probable 1554 that the hon. Baronet could serve upon the Committee.

SIR EDWARD DERING
said, he was exceedingly sorry that his ill health should have taken up so much of the valuable time of the House of Commons, but he should be still more sorry if the House could, for one moment, suppose that any statement in the letter he had addressed to the Speaker was not true to the letter. He did not know that he could add anything to the statements contained in that letter. If this had been an ordinary Election Committee he should not have attempted to shirk the duty imposed on him; but hearing that it would involve a scrutiny and the investigation of 240 separate cases, he thought it was only right to express a conviction that he was at this moment physically incapable of serving upon such a Committee. However, if the House thought he ought to serve, he would do so as long as he had any strength; but if the House dispensed with his attendance, he should feel grateful. He would act according to the pleasure of the House, and submitted himself to their pleasure.

§ Question, that Dr. Latham be again called, put, and agreed to.

§ Dr. Latham was accordingly called in and examined upon oath, in relation to the health of Sir Edward Dering. In reply to questions from the SPEAKER, witness stated, that he had attended Sir E. Dering last year, and had advised him to go abroad during the winter. Had been consulted again within the last few days, and was of opinion that Sir E. Dering had begun to show the infirmity for which he sent him abroad in 1856. He greatly feared that Sir Edward's health would be likely to sink under a protracted attendance, day by day, on a Committee.

§ The witness was then ordered to withdraw.

§ MR. WALPOLE
said, that after hearing the evidence of Dr. Latham there could hardly be a doubt as to the course which ought to be taken. He begged, accordingly, to move, that the attendance of Sir E. Dering on the Committee appointed to consider the Huntingdon County Election Petition be dispensed with, and that the said Committee be taken to be discharged. Motion made, and Question proposed, "That the attendance of Sir Edward Dering upon the said Committee be dispensed with, and that the said Committee shall be taken to be discharged.

§ SIR GEORGE GREY
said, he wished to point out that the Committee in question 1555 had not yet been sworn. There was no one in the House who must not assent to the wish that Sir E. Dering should be discharged, but he thought the course more conformable to the statute would be to swear him first, and to excuse him after. His sole object was to maintain the legality of these proceedings. He denied altogether the assertion of the hon. and learned Gentleman (Mr. Roebuck) that It was wholly in the power of the House to deal with such a question. The whole object of the 11 & 12 Vict., c. 98, was, to take it out of the power of the House.

§ THE ATTORNEY GENERAL moved the following Amendment:— That it appears to this House that sufficient cause has been shown why the attendance of Sir E. Dering as a Member of the Huntingdon Election Committee should be dispensed with.

§ MR. WALPOLE
said, he had no objection to withdraw his Motion in favour of that submitted by the hon. and learned Gentleman.

§ Motion, by leave, withdrawn. Resolved, "That, in the opinion of this House, sufficient cause has been shown to this House why the attendance of Sir Edward Dering, as a Member of the said Committee, should be dispensed with.