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works are well provided with fanners in the preparing-rooms ; | fatigued to attend school, even when a school is provided for there are between 800 and 900 workers, all occupying them. This is more uniformly the declaration of the children houses originally built by the company, of a very different in the factories of Scotland than in those of England. The and superior description from those generally occupied by evidence of other witnesses, both as to the capacity of the persons of the same situation in life in this country. They children for receiving instruction, and as to their actual state have a chapel, and every establishment necessary for their in regard to education, is conflicting. Few will be prepared accommodation. The population of the village amounts to to expect the statements that will be found on this bead in 4,253
persons, one half of which is a population engaged in regard to Scotland, where the education of the children is manufactures ; yet in the last twenty years the landed pro- neglected to a far greater extent than is commonly believed, prietors of the parish have only been called on to pay for where only a very small number can write ; where, though the poor 2121. i4s. id., not much more than 101. per an- perhaps the majority can read, many cannot; and where, with
some honourable exceptions, it seems certain that the care “ In like manner, from the statements and depositions once bestowed on the instruction of the young has ceased to obtained under the present inquiry in the several districts in be exemplary. The reports of the Commissioners for ScotEngland, and from all classes of witnesses, it appears that, land, who will be found to have kept this subject continually in the great majority of cases, corporeal punishment is pro- before their view, are decisive on this head.". hibited by the proprietors; while it is proved on oath, by The injuries resulting to the work-people in factories, several witnesses, that operatives and overlookers have been especially to children, from the want of proper care in the suspended, and even dismissed from their employment, for construction of the machinery, are justly pointed out:disobeying this command. It is impossible to read the “ One of the great evils to which people employed in facevidence from Leeds, Manchester, and the western district, tories are exposed, is, the danger of receiving serious and without being satisfied that a great improvement has taken even fatal injury from the machinery. It does not seem place, within the last few years, in the treatment of children. possible, by any precautions that are practicable, to remove What ill-treatment still exists is found chiefly in the small this danger altogether. There are factories in which everyand obscure factories, while both in the large and small fac- thing is done that it seems practicable to do to reduce this tories in England it is inflicted by workmen over children danger to the least possible amount, and with such success whom they themselves hire and pay, and who are completely that no serious accident happens for years together. By the under their control. In Scotland, personal chastisement, returns which we have received, however, it appears that when inflicted, is inflicted by the overlooker; in England, there are other factories, and that these are by no means few by the work-people."
in number-not confined to the smaller mills, in which seThe general treatment of children in the factories, and rious accidents are continually occurring, and in which, notthe collateral circumstances under which their employment withstanding, dangerous parts of the machinery are allowed is carried on, naturally lead the Commissioners to inquire to remain unfenced. The greater the carelessness of the into the general effects of that employment:
proprietors in neglecting sufficiently to fence the machinery, “ The effects of factory labour on children are immediate and the greater the number of accidents, the less their symand remote : the immediate effects are fatigue, sleepiness, pathy with the sufferers. In factories in which precaution and pain; the remote effects, such at least as are usually is taken to 'prevent accidents, care is taken of the workconceived to result from it, are, deterioration of the physical people when they do occur, and a desire is shown to make constitution, deformity, disease, and deficient mental instruc- what compensation may be possible. But it appears in tion and moral cul re,
evidence, that cases frequently occur in which the work“That this excessive fatigue, privation of sleep, pain in people are abandoned from the moment that an accident various parts of the body, and swelling of the feet, expe- occurs; their wages are stopped ; no medical attendance is rienced by the young workers, coupled with the constant provided; and whatever the extent of the injury, no comstanding, the peculiar attitudes of the body, and the peculiar pensation is afforded." motions of the limbs required in the labour of the factory, The general bearings of the evidence are thus summed together with the elevated temperature and the impure at up:mosphere in which that labour is often carried on, do some- " From the whole of the evidence laid before us, of which times ultimately terminate in the production of serious, per- we have thus endeavoured to exhibit the material points, manent, and incurable disease, appear to us to be established. we find :From cases detailed in the evidence, and the accuracy of “ 1st. That the children employed in all the principal which has been strictly investigated, we do not conceive it branches of manufaeture throughout the kingdom, work to be possible to arrive at any other conclusion. The evi- during the same number of hours as the adults. dence, especially from Dundee and Glasgow ; from Leices- “ 2nd. That the effects of labour during such hours are, ter, Nottingham, Leeds, and Bradford; from Manchester in a great number of cases, permanent deterioration of the and Stockport; in a word, from all the great manufacturing physical constitution ; the production of disease often wholly towns, with the exception, perhaps, of those in the western irremediable; and the partial or entire exclusion (by readistrict, in which there is little indication of disease pro- son of excessive fatigue) from the means of obtaining adeduced by early and extensive labour, shows that grievous quate education, and acquiring useful habits, or of profiting and incurable maladies do result in young persons from by those means when afforded. labour commenced in the factory at the age at which it is " 3rd. That at the age when children suffer these injuát present not uncommon to begin it, and continued for the ries from the labour they undergo, they are not free agents, number of hours during which it is not unusual to pro- but are let out to hire, the wages they earn being received tract it."
and appropriated by their parents and guardians. We rejoice to see that the Commissioners have directed • We are therefore of opinion that a case is made out for their attention to the principal evil resulting from the un- the interference of the legislature in behalf of the children remitting employment of children in factories—the neglect employed in factories. of their education. If education were really national, as it “4th. In regard to morals, we find, that though the stateought to be, the want of a proper system of instruetion ments and depositions of the different witnesses that have amongst so large and important a body of the rising gene- been examined are to a considerable degree contlicting, yet ration, would be the real ground for the interference of the there is no evidence to show that vice and immorality are State between the employer and the employed :
more prevalent among these people, considered as a class, "From the same evidence it appears, that the physical evil than amongst any other portion of the community in the inflicted on children by factory labour, when commenced same station, and with the same limited means of informaas early and continued as long as it now is, is not the only tion. Distinguished from other classes by being collected evil sustained by them. From the statements and deposi- together (both sexes, young and old) in large numbers, the tions of witnesses of all classes, it appears, that even when language and behaviour common to uneducated people, the employment of children at so early an age, and for so under such circumstances, is found to be checked in no in many hours as is customary at present, produces no mani- considerable degree by the presence of fathers, mothers, and fest bodily disease, yet, in the great majority of cases, it in- brothers; and for any evil of this kind which may, nevercapacitates them from receiving instruction. On this head, theless, exist, the proper remedy seems to be a more general the statements of the children themselves must be admitted and careful education of the young people." to be of some importance ; and it will be found that the Much of the erence collected by the Commissioners: young children very generally declare that they are too much would naturally relate to the probable effect of the measures
before Parliament; and they consequently offer the following shall not in any case be allowed to work at night; that is conclusions, on a view of the whole character of what is called to say, between the hours of ten at night and five in the the “ Ten-hour Bill";
morning. “ That this bill does not accomplish the object at which it “ The great evil of the manufacturing system, as at prepurports to aim. Its professed object is the protection of sent conducted, has appeared to us to be, that it entails the children; but it does not protect children. For the same necessity of continuing the labour of children to the utmost evidence which shows that the legislative protection of length of that of the adults. The only remedy for this evil children is necessary, shows that the restriction of the la- short of a limitation of the labour of adults, which would, in bour of children to ten hours a-day is not an adequate pro- our opinion, create an evil greater than that which it sought tection.
to be remedied, appears to be the plan of working double “ Independently of the objection which there appears to sets of children." be in principle to any compulsory interference with the It is not our intention, at present, to enter into a considerhours or terms of adult labour, we find reason to anticipate ation of the plan of the Commissioners, or of the other very serious practical evils from imposing any such arbitrary measures before Parliament. We shall recur, without restriction on the operations of so large a proportion of the delay, to the subject ; sincerely hoping that we shall not manufacturing industry of the country.".
have to examine any act of blind legislation, upon a question “ The most direct and undisputed consequence of the presenting greater difficulties, and involving more extensive passing of the Ten Hour Bill would be the general limita- and complicated interests, than any with which Parliament tion of the labour of adults within the same hours as those has had to deal. assigned to children and adolescents. We are spared the labour of weighing conflicting testimony on this point, as it is generally admitted or assumed on both sides of the ques
AMENDMENT OF THE APOTHECARIES' ACT. tion. On the part of the manufacturers it is generally taken What is called the Apothecaries Act, is one of the most for granted, that such will be the first effect of the measure impudent pieces of legislation that have been perpetrated under discussion, and that assumption is made the basis of in modern times. Indeed, mischievous as much of our lawreasoning as to its ultimate issue. With the operatives, making within that period has been, we do not recollect any the same assumption is prominently put forward in the other statute passed since the commencement of the present arguments of most of the leading advocates of the measure, century, the injustice and absurdity of which have been at and is generally dwelt upon as forming a principle item the same time so sweeping and so scandalous. amongst the benefits which they expect to derive from the The act in question was passed in the year 1815, and is passing of the measure.
entitled, “ An Act for better regulating the practice of “ It appears to be the general opinion of the operatives, Apothecaries throughout England and Wales."* The dethat though wages may in the first instance fall, from reception, of which the whole measure is a tissue, commences duction of the hours of labour, the artificial scarcity of com- with the title. Though Apothecaries is the term employed modities thus occasioned will effect a rise of prices, and a here and elsewhere, in order to afford a pretext for the powers consequent rise of wages, as well as an increase of work for conferred upon the Apothecaries' Company, the persons hands which are now partially out of employ, by occasioning whom the act affects are, with few exceptions, the whole the erection of new establishments to supply the deficiency body of medical practitioners throughout the kingdom. In of production caused by the diminution of labour.
London, and some of our other great towns, there are phy* There might indeed, if the restriction of hours affecting sicians and surgeons who do not compound or vend medithe productive power of machinery in this country, to the cines; but in the country this distinction of the three extent that would be effected by the proposed Ten-hour branches of the profession does not generally exist. Except Bill were immediately enforced, be a temporary scarcity of in our larger towns, every man who practises medicine at manufactured goods, so as, in the first instance, to occasion all, likewise deals in drugs, and must do so, unless he should a rise of prices, which might as long as it lasted, allow of undertake, in the treatment of his patients, to dispense with the maintenance of wages, notwithstanding the reduced the materia medica altogether, or to cure them by making hours. But this rise could not in the nature of things be them swallow the written prescription itself, instead of the of long duration. This temporary rise of price, combined actual powders, draughts, and boluses. If he were not to with the permanent advantage to the foreign manufacturer supply them with medicines, there is nobody else from whom of the increased cost of production in this country, would they could procure them. inevitably operate in producing an extension of the existing The consequence is, as we have said, that over all Engworks, and the erection of new ones abroad. The increased land the medical practitioners are also apothecaries, within production from these, and from the extended works in this the meaning of this act. The exceptions are to be found country, stimulated by the advance of price, would, after only in the metropolis, and a few of our other largest towns. no long interval, restore the former proportion of the supply But even in the metropolis, probably nine-tenths of the to the demand, and the consequences would then be most practice is in the hands of persons who dispense drugs as disastrous to the English manufacturer and workman. The well as advice and attendance. smaller and less favourably situated manufactories would Now, by this act, all these persons constituting as they be swept away. Even the more opulent and best situated do almost the entire medical profession throughout England, establishments would have great difficulty in maintaining must, in the first place, be Licentiates of the Apothecaries' their ground, workmen would be thrown out of employ, Company. When apothecaries were first heard of in Engand wages must, under such circumstances, inevitably fall land, they were accounted merely grocers, with whom they to the lowest point consistent with the most bare subsistence formed one company in the City of London, down to the year of the working class.
1617. The separation which was then made between the “These effects would vary in degree in the different dispensers of a class of articles so numerous, and requiring branches of the manufacture to which the artificially re- such accurate measurement, and such nice discrimination as stricted production in this country would apply; but the medicines, and the venders of dried plums and pepper, was ultimate result in all would be a general reduction of profit perfectly proper. But it does not seem quite so reasonable
that, because the apothecaries have ceased to be grocers, “ And it may generally be stated, that the final clauses they should be forthwith invested with the entire regulation of this bill are of a nature so vexatious and arbitrary as, if of the practice of medicine in England. sanctioned by the legislature, would create a serious objec- This would not, we think, be a judicious arrangement in tion to the investment of capital in manufacturing industry any circumstances, nor although it had been guarded by the in this country."
strictest checks and corrective provisions. A mercantile The remedies proposed by the Commissioners are as company originally instituted for the sale of certain commofollow :
dities, and whose chief business that still continues to be, “The restrictions we venture to propose with regard to would not seem to be the fittest authority to which to conchildren are, that children under nine years of age shall not fide the superintendence of one of the liberal professions, and be employed in mills or factories, subject, however, to the the power of saying who shall, and who shall not, be perconsiderations hereinafter stated. That until the com- mitted to enter it. Even if we had had no colleges and mencement of the fourteenth year the hours of labour du- universities where medicine was taught as a science, and no ring any one day shall not in any case exceed eight. That incorporated societies of the practitioners of its higher until the commencement of the fourteenth year children branches, it would seem to be sufficiently absurd to give
the right of licensing its practitioners to the Company of But in truth, the Legislature in passing this act contemApothecaries. Better to demand as a qualification the di- plated manifestly no such purpose, as that which it has ploma of some foreign school, or to institute a new board for been made to serve in the hands of the parties by whom it the trial and examination of applicants. Nor, if the Apo- was procured. Parliament was taken in by the title of the thecaries' Company were a great public establishment, in- bill, which bore to refer to the practice of apothecaries stead of being a mere private incorporation, and were regu- merely—a matter which the Company of Apothecaries might lated in regard to all its arrangements by some certain rules be, naturally enough, supposed to have some claim to infrom which it could not depart, instead of being entitled to terfere with. It never could have been imagined, that make for itself what by-laws and other regulations it pleases, under the description of apothecaries were, in fact, comprewould it still have any rational claim to be placed at the head hended almost all persons practising medicine throughout of our national medicine.
the kingdom, and that the whole profession was thus made But the apothecaries have not been contented with in- over to be farmed and fleeced for the profit of this city sisting that no one shall presume to practise medicine company. without their licence. By another clause of their act it is The consequences of the act have been, that no person provided that no person shall have a right to be even graduated or licensed by the eminent and distinguished examined by them for a certificate, unless he shall have bodies that have been mentioned above, is now permitted served an apprenticeship of not less than five years to an to practise medicine (except simply as a physician or surapothecary. The absurdity of this regulation would be lu- geon, not dispensing drugs) in any part of England-and, dicrous were it not for its monstrous injustice. Of course, that, in place of such well-educated professional men, the every medical practitioner who finds it necessary to be the country must be contented with the services of so many dispenser of drugs to his patients, ought to have acquired druggists' apprentices. This is a grievous hardship and the habit of distinguishing, and measuring, and mixing the injustice to the excluded graduates-to those who after prevarious articles of the materia medica. But to pretend that paring themselves for the exercise of their profession by a this cannot be done without standing behind a counter for long, laborious, and expensive course of study, find themfive years, is nonsense. Indeed, we are not aware that such selves thus debarred from entering it;- and it is also a an assertion has ever been distinctly made. The Company hardship in reference to the community, which is deprived of Apothecaries themselves would probably be unwilling to of their services. The company, we may here remark, have affirm, in so many words, anything so ridiculous. In point not allowed their oppressive privilege to remain a dead of fact, there were few country practitioners in England be- letter. For some years past they have employed the powers fore this act came into operation, as there are still few, if any, with which they are invested, with more and more severity in Scotland, where it does not operate, part of whose profes- every year. According to a return furnished a few weeks sional education had not consisted in an attendance for some ago to the House of Commons by themselves, it appears time, in a shop where medicines were sold. But not a great that the number of prosecutions for penalties which they many of them, certainly, had devoted five years to the pestle have instituted since the 29th of March 1825, have been and mortar alone. For a young man who has made him- two in that year; two in 1826; one in 1827; nine in 1828; self sufficiently acquainted with chemistry, as well as with nine in 1829; sixteen in 1830 ; fifteen in 1831 ; and eighteen the other studies belonging to his profession, one year's in 1832. In addition to these cases, numerous persons, practice in compounding and selling medicines, instead of they inform us, have discontinued practising on being five, will be found amply sufficient to give him the requisite threatened with prosecution. They complain of not having knowledge and skill.
been able to enforce the law to the extent they would have The injustice of this monopoly in the hands of the Com- wished, “ in consequence of the great unwillingness and pany of Apothecaries, as bearing upon the prospects and backwardness in parties, when called upon, to furnish evifair claims of the members of one of our most eminent pro- dence, or to come forward as witnesses."
Here then we fessions, is enormous; but the inconsistencies which it in- have a confession, under their own hands, of the public abvolves are, if possible, still greater. The act declares that, horrence of their monopoly. after the 1st of August 1815, none but licentiates of the Notwithstanding the difficulties they have had to encounter, Apothecaries' Company shall be allowed to practise, except however, they have contrived to work the act to some purpose. persons then actually practising. Upon what ground is By another return it appears that from the 29th of March this exception tolerated ? If it be indispensable for the 1825, to the 19th of June 1833, their certificates alone have safety of the lieges that nobody should be allowed to brought them 22,8221. 168. But this is the least part of compound or vend drugs without having served an ap- what the monopoly enjoyed by the Company puts into the prenticeship of five years to an apothecary, surely it is pockets of its members. Their principal gains must arise à strange thing to assert, that a person not so qualified from the premiums paid to them by their apprentices. There may, nevertheless, be permitted to practise to the end of has also been laid before the House of Commons a return of his life without injury or danger, because he was actually the manner in which the money received for certificates has practising on the 1st of August, 1815. Or, if it shall be been expended; but it only accounts for 18,5641. 108. 5d. said, that justice to the established practitioners demanded of it. Of that sum, it appears, 10,2181. 128. has been paid in that they should have the benefit of this exemption, let the the course of the eight years to the examiners, besides 9801. danger be what it might, why, we ask, was it limited to to their secretary; and 4,6041. 58. 3d. have gone to defray them? Why was it not extended to all who had already law charges. Of the other items one is “ Remuneration to finished, or even to all who had already begun their pro- Beadle for extra trouble during
same period, --- 4651, 0s. Id." fessional education-very few of whom can be supposed to The beadle seems to have his fair share of the spoil. have found it much more convenient, than would the esta- But the Company boast that they demand other accomblished practitioners have done, to stop short in the course plishments besides a knowledge of drugs from the persons they have marked out for themselves, and to throw away to whom they grant their certificates; and that they have even five years in standing behind a counter, and running errands laid down a course of study which candidates are required to under the superintendence of a number of the Apothecary's pursue previously to being examined. In doing all this we Company?
would remark, in the first place, that the apothecaries seem But further, upon what principle are the people of Eng- to us to have stepped very far out of their proper sphere. land and Wales alone to be protected by this five years' ap- But the whole statement is merely a piece of solemn abprenticeship? How comes it that, if such an ordeal be surdity. Will they pretend to compare the course of study necessary to make a finished or even ordinarily competent which they have established with that which is made impemedical practitioner, mere graduates of the universities of rative upon candidates for graduation at, for instance, the Edinburgh and Glasgow, and Dublin, and of the colleges of colleges of Glasgow and Edinburgh? Without entering surgeons of London and Edinburgh, are not only allowed further into particulars, is it not the fact that while the latter to practise in any part of Scotland or Ireland, or the colo-occupies of necessity four years, independently of a previous nies, but are even admitted into the service of the East literary course, the former, at least until within the last three India Company, and into his Majesty's army and navy? or four years, might have been gone over in six, or at most If the Legislature considered the five years' apprenticeship in eight months. If the regulations respecting this matter to be an essential part of medical education, why did they have been since, in any respect, improved, as we believe they not
enforce it universally? How, above all, came they not have been slightly, the reform has been forced upon the to require it from those whom the Government selects to take Company by the public agitation of the subject and the apcare of the health and the lives of our soldiers and sailors ? prehension of parliamentary interference, and after all exists
merely by a by-law, which may be repealed at any time. Is It commences by stating, that the gross bribery affirmed there any law, we ask, which prevents the Company, if they by the former report to have been committed at the said please, from licensing a person who has served the requisite election, by the agents of Sir Charles Greville, remains unfive years' apprenticeship, although he have not in addition contradicted. The names of several individuals, by whom gone through any course of medical study whatever? acts of gross bribery have been proved to have been com
This state of things has lasted too long; and we rejoice, mitted, are then given : among them is James Tibbitts, therefore, that a bill, some time ago brought into the House the town-clerk. It is added, " that the money distributed of Commons to put an end to it, has already received the by those persons in such gross bribery, appears to have sanction of that branch of the legislature. We trust that been paid to them by the said James Tibbitts; and that this bill, notwithstanding the powerful opposition to be ex- such money was supplied to the said James Tibbitts by pected from the body whose mischievous monopoly it goes Alexander Brown, the then steward of the Right Hon. to destroy, will be triumphantly carried through the other Henry Richard Greville, Earl of Warwick, from the private House by the force of its own reasonableness and justice. funds of the said Earl of Warwick, standing in the name It leaves quite as much authority over the medical profes of the said Alexander Brown, at the Warwick bank of sion to the Company of Apothecaries as they can with any Messrs. Greenway and Greaves." fairness demand. It enacts that every person who has ob- A subsequent passage is, “ That it appears to your Comtained, or shall hereafter obtain, the degree of Doctor of mittee, that there were unusual and serious riots previous Medicine from the university of Edinburgh, of Glasgow, or to and at the said election, and that there were great injury of Aberdeen, shall be entitled to practise as an apothecary, to the persons of the burgesses, and destruction to their and to dispense medicines to his patients in any part of property; that the aid of the military was called in to sup England or Wales, without having undergone any such ex- port the civil power; that such riots and disturbances origiamination, or received any such certificate from the London nated in the introduction into the borough, by the agents of Company, as the act of 1815 requires. He is merely re- the said Sir C. J. Greville, of large bodies of strangers and quired to notify his degree to that Company for registration. non-resident agricultural labourers, many of them in the In order to secure the requisite knowledge of drugs, instead employ of tenants of the Earl of Warwick, and of hired of the five years' apprenticeship, it is provided that in future fighting-men from neighbouring places; and that such no degree shall be conferred by any of the aforesaid univer- persons were maintained and paid by Henry Thomas sities, except on evidence being produced by the candidate, Cooke and others, and the money provided by the said previous to his examination, that he has served an appren- James Tibbitts, the town-clerk." Several aldermen and ticeship to a regularly licensed medical practitioner keeping members of the corporation are then mentioned by name, a laboratory for the dispensing of medicines, or that he has as having been cognizant of the introduction of these fightattended for at least twelve months at the laboratory of a ing-men, and as having culpably neglected their duty, as surgeon or apothecary, or of a public hospital or dispensary, municipal officers of the borough, in not preventing the disor that he has, during that time, been engaged in com- orders which arose. The following are the next three pounding and dispensing medicines. As to persons having paragraphs of the report:diplomas from the College of Surgeons of London, of Dublin, • That it appears, that the Right Hon. Henry Richard or of Edinburgh, or from the Faculty of Physicians and Greville, Earl of Warwick, a peer of the realm, lord lieuSurgeons of Glasgow, and who have acquired a knowledge tenant of the county of Warwick and recorder of the of drugs in the manner just stated, they are to be ad- borough, in violation of the resolutions and standing orders mitted to examination by the apothecaries as a matter of of the House, did unconstitutionally apply, by his agent and course. Finally, it is enacted that for the future any per- steward, Alexander Brown, 30001. and upwards towards the son who has, or shall have, held any commission or warrant election expenditure and promotion of the political interest as a surgeon or assistant-surgeon in the Royal Navy, or as of the candidate, Sir Charles John Greville, in the transfer surgeon, assistant-surgeon, or apothecary in any of his of such sum of money to James Tibbitts, town-clerk of the Majesty's Land Forces, or as surgeon or assistant-surgeon said borough, who appropriated the same to various corin the service of the East India Company, may practise in rupt and illegal practices at the last election, the office of any part of England or Wales as an apothecary, and town-clerk being in the appointment of the recorder. That dispense medicines without either the certificate of the Apo- Alexander Brown, steward of the Earl of Warwick, subsethecaries or any examination by them, and without being quent to the election of 1831, caused numerous persons, liable to any penalty or disability whatever by reason of such (many of them non-resident in the borough, and dependpractice.
ants of the Earl of Warwick) to be fictitiously rated to the poor of the two parishes of the said borough, and chiefly in
respect of property of the said Earl, for the sole purpose of WARWICK BOROUGH ELECTION.
creating fraudulent votes, and that fictitious receipts for The history of contested elections scarcely affords anything rent appeared to have been prepared by Alexander Brown to parallel the extraordinary scenes which appear to have in support of them. That a considerable number of such distinguished the last election for the borough of Warwick.colourably rated persons were erased from the register of On that occasion, the candidates were the Hon. Sir Charles electors by the revising barristers, but that many were John Greville in the one interest, and Mr. Bolton King and retained and voted at the last election for the said Sir Mr. Jones in the other; Sir Charles being supported by Charles John Greville, and that Alderman Henry Smyth what is there called the influence of the Castle, that is, of and James Tibbitts, the town-clerk, aided and abetted the Earl of Warwick, the Lord Lieutenant of the county ; Alexander Brown in supporting such fictitious votes; but and his two opponents by the independent party in the that the Hon. Sir Charles John
Greville does not appear to town. Sir Charles Greville and Mr. King were returned. your Committee to have personally participated in the above Both returns, however, having been petitioned against, Sir corrupt and illegal practices. That your Committee have Charles was unseated by the decision of a Committee of been impeded in their inquiries by the absence of Alexthe House of Commons. This Committee, which made its ander Brown, the steward of the Earl of Warwick; and that report on the 15th of May, had, in the course of its inves- it was proved to their satisfaction, that due diligence had tigations, discovered such evidence of gross bribery having been used to procure the attendance of the said Alexander been resorted to, both at the last and at preceding elections Brown, and it is their opinion that such absence was wilful, for Warwick, that they directed their chairman to move for and for the purpose of impeding their inquiry." the suspension of the writ for the borough until further in- While we write, the evidence taken by the second Comquiry should be made. Eventually, an order of the House mittee has not yet been placed in the hands of members, revived the same Committee, “ to make further inquiry but a summary of it has appeared in the Times newspaper, into the proceedings of the last election for the borough of from which many curious particulars may be gathered. The Warwick, and to consider and report upon the best mode of bribery by the agents of Sir Charles Greville appears to preventing bribery, treating, and other corrupt practices in have been traced by the evidence of numerous witnesses, all future elections for members to serve in parliament for and to have been of the most reckless description, involving, the said borough." The report of this second Committee, in various instances, the deep and disgraceful guilt of inwhich commenced its sittings on the 27th of June, was pre- stigating the persons upon whom it was practised to comsented to the House on the 22d of July, along with a volu- mit the most revolting perjury. But the most extraordinary minous body of evidence. This report is one of the most part of the evidence is that which refers to the interference remarkable expositions ever laid before Parliament. of the Earl of Warwick. It is proved that sums amounting in all to 3,1001., being money kept in the Warwick Bank by | guilty of treating after the teste (that is, the date) of the Lord Warwick, in the name of his steward Brown, were, at writ, is declared to be rendered thereby incapable of serving the time of the election, transferred by the latter to the ac- for that place in that parliament; and if any money, gift, count of Messrs. Tibbitts and Son, by whom 2,469l. 18. 11d. office, employment, or reward, be given or promised, the was subsequently drawn out by successive checks. Other giver or promiser forfeits 10001., and the receiver 5001., while large sums are also shown to have been paid to other agents both are for ever disabled from holding office in any corpoand partisans of the Castle interest. It is proved that no ration, unless either shall, before conviction, inform against fewer than thirty-nine public-houses and beer-shops were some other offender, in which case he escapes from the legal opened in the interest of Sir Charles Greville, and more or consequences of his own guilt. less kept open for treating the voters in his interest, from It does not appear that there will be any possibility of the canvass early in October up to the close of the poll on tracing a participation in the offence of bribery directly the 13th of December last. Twenty-five of the publicans home to the noble lord who figures so conspicuously in were examiner, who admitted, after much prevarication, the affair; but he, too, will probably be made to expethat they had all headed their accounts “ Sir G. Greville's rience some further consequences of his conduct, besides Committee." Some had received part-payment from Cooke the loss of his domination over the borough of Warwick. and Tibbitts. The accounts of these twenty-five ranged The right of a peer to interfere at elections of members of
a severally from 101. up to somewhat above 500l.; the whole parliament, is one of the points upon which the two Houses amount being 4,2701. The gross expenditure incurred in have always been at variance. The Commons have been treating is estimated to have amounted to 10,0001. Orders long in the habit, at the commencement of every session, of for ribbons and handkerchiefs to drapers and silkmercers, passing the following among their other resolutions :from committee-men and partisans of Sir C. Greville, were “ That it is a high infringement of the liberties and privilikewise produced to the Committee, to the extent of above leges of the House of Commons for any Lord of Parliament, 4001.
or Lord Lieutenant of any county, to concern himself in the The introduction of the fighting-men into the town was election of any member of parliament." There is not, howalso distinctly traced to the agency of the partisans of Lord ever, we believe, any instance in which they have either Warwick. Å good many were hired by written orders from attempted to get such conduct punished by the courts of law, members of Sir C. Greville's Committee, and were paid by or have punished it themselves. The case in which they Cooke and Tibbitts. Another part of the evidence showed proceeded farthest appears to have been that of Dr. William the intimidation exercised towards the voters by Lord War- Lloyd, who, in the year 702, was charged with having wick, in notices to quit, and actions of ejectment served exerted himself to prevent the election of Sir J. Peckington against his tenants in the opposite interest. Finally, his for the county of Worcester. On the complaint of Peckinglordship's partisans were proved to have attempted, and ton, who was returned, the conduct of the bishop was taken partly succeeded, in the prosecution of a most daring scheme into consideration by the House; and, it appearing that the for the creation of fictitious votes, by getting persons colour-charge was made out, it was resolved to address the Queen ably rated for property in the borough belonging to his lord- to remove his lordship from the situation of her Almonership, who turned out to be, for the most part, non-occupiers a request with which her Majesty complied. But this disof such property, and, in almost all instances, not to be missal, of course, can be considered as nothing more than a actually paying the rent at which they were rated, and for mark of disapprobation of the bishop's conduct by the court which, nevertheless, they had got receipts from Brown the or the ministry. It was no punishment, as her Majesty steward. The names of 140 persons in this situation had herself told the House of Lords, when that House, immebeen put, in the first instance, on the list of electors. diately after it had been announced, sent up an address
Any comment upon proceedings such as these is quite stating that, in their opinion, no person ought to be subunnecessary. They go evidently to turn the representation jected to punishment on a mere resolution of the Commons, of the people, not into a farce, but into a nuisance and a and without being allowed an opportunity of being heard in curse, and to make an election merely a scene of wholesale his own defence. To this remonstrance her Majesty merely profligacy and demoralization. Idleness, drunkenness, replied, that she considered herself to have the right of saying riotous blackguardism, political dishonesty, corruption, per- who should and who should not hold places about her person. jury-these are the vices which are by such doings taught In other instances, the Commons have satisfied themselves the labouring classes, and diffused among them by their with merely passing a strong çensure upon the party implisuperiors in wealth and station. Can these persons have cated; as, for example, upon the Bishop of Carlisle, when in any other object except to barbarize and brutalize the the year 1710 he was accused of having interfered to procure people? Sure we are at least that they cannot count upon the return of Sir James Montagu as one of the representaretaining their ascendency through either the affection or tives for that city. On this occasion the bishop was admitted respect of those in a humbler sphere by whom they are into the House, and heard in his own defence; but, notsurrounded; for such conduct can engender no feelings withstanding what he advanced, it was resolved that his towards them but contempt and loathing in the breasts even lordship, “ by concerning himself in the said election, hath of the degraded wretches who consent to take their money. highly infringed the liberties and privileges of the ComAnd if Lord Warwick could even thus buy and secure to mons of Great Britain." A similar resolution was passed himself, not merely the services for this particular turn, but in 1780, on a charge of the same kind being brought forthe real and lasting adherence of every voter in his borough, ward and substantiated to the satisfaction of the House what would it avail him against the indignation which trans- against the Duke of Chandos. actions such as those we have detailed must excite in the On the other hand, as Mr. Hatsell remarks, the House minds of the public generally, wherever they shall be of Lords has never admitted the principle thus maintained known ?
by the Commons; and that writer states, that individual It is probable that the report of the Committee will be fol- peers have, in various instances, actually voted at elections, lowed by such an immediate enlargement of the constituency without having had their right to do so questioned. He of Warwick, as shall, for the future, effectually emancipate adds, however, in a note, (Precedents, vol. iii., p. 73, edit. that borough from the influence of the Castle. The plan of 1818,)“ I do not mean to justify this doctrine of the adopted will, in all likelihood, be to throw into the borough Lords. The resolution of the House of Commons, which is the adjoining parish of Leamington-Priors, the population of renewed every session, appears to me to be founded in the which, being at the same time rapidly increasing, already true principles of the constitution: and though it is every amounts to above 6200 persons, among whom are 800 day abused by a contrary practice, and that abuse is overten-pound householders.
looked by all parties, yet, when a flagrant instance occurs, There can also be little doubt that some at least of the in- it is becoming the dignity of the House of Commons to dividuals charged in the report with acts of treating and vindicate their independence in this particular ; and if the gross bribery, will be prosecuted at law for th offences. private situation of the Lord complained of will not admit The House of Commons will probably order this to be done. of their proceeding farther, they ought to reprehend this Bribery at elections is a crime at common law, and punish- conduct in the peer, and to assert their own rights by a able by fine and imprisonment. Under certain acts of par- strong and spirited resolution." liament, actions may likewise be brought against the parties In the present instance, if the House of Commons are to concerned in bribery or treating, and heavy penalties re- follow the opinion expressed by this eminent constitutional covered from them. By the statutes of the 7th Will. III., authority, their course is plain. The Earl of Warwick is cap. 4, and the 49th Goo. III. cap. 118, any person found not a nobleman placed in that " private situation" which