date

[131a-014] 1818 March 22 +
[131a-014]

1818 March 22 +

Parl Reform. Answer to Antiballot Objections

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For the course to be taken for applying this stigma, take this for a brief outline.

Each Election district to have a book called the Black-book, in which, under the head of Election-Tyrants-convict, the names of the offenders should, on conviction be handed down to posterity, and thereupon immediately, under that same head, with the name of the district as a subordinate head, inserted in the Gazette: all other newspapers being thereupon bound to copy the article gratis, as they, or some of them, are actually in the habit of copying the lists of Bankruptcies. To save prosecution and defence from being excluded by expence, the proceeding should be by indictment, at Assizes or Quarter Sessions, without stamps and without office fees; prosecutor and defendant both examinable: defendant, upon conviction to pay prosecutor’s costs, unless disabled by poverty: so, on acquittal, prosecutor the defendants: unless on Judge’s certificate of adequate probable cause. Except in so far as such recordation and publication may be deemed a punishment, no punishment: no punishment; and therefore no objection on that ground, unsubstantial as I have ever held it to be, to the examination of defendants. No reward here for informers: for informers, or prosecutors, which so ever they may be called: no temptation therefore for groundless or oppressive prosecution: no obloquy could therefore in this case attach upon the function of prosecutor.
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  • Title: [1818 June 19 Parl. Reform Bill]
    Description: 1818 June 19

    Parl. Reform Bill

    VIII Penal Securities

    Procedure

    14

    4

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    1. Judicatory the Quarter Sessions (a)

    2. Mark[?] of procedure, Indictment (b)

    3. Stamps new; Office fees; new.

    4. Not prosecutor only, but Defendant also examinable as well as prosecutor. (c)

    5. On conviction, Defendant reimburses /pays/ to prosecutor his costs: on the score

    of insufficiency[?] of pecuniary means on the one part and amplitude on the other,

    power to Court to reduce such costs such /the amount of the/ reimbursement.

    6. If by means of the offence to individual, individuals, or public pecuniary damage

    appears to have been produced, power to Jury to allow or apportion allowance in the

    name of damage of the facts of which for proof of damage inducive[?] proof is

    intended to be adduced, notice to be given viz to the bills of particulars according

    to the practice in civil actions. (d)

    7. Co Offenders divers, costs and damage apportionable among them: regard being had

    to pecuniary sufficiency as above.

    8. For costs of prosecution, full liberty to solicit, furnish and receive

    contributions

    9. So for costs of defence.

    Notes

    a Quarter Sessions a less inadequate judicatory than Assizes. Quarter Sessions four

    in a year: and in respect of duration those not peremptorily limited: Assizes, no

    where more than two in a year in four /the four Northern/ Counties not more than one:

    duration every where peremptorily limited

    (b) Indictment in contradistinction to Civil Action, in fact[?] taken[?] more

    expensive than Indictment; no more why it should be

    (c) Had truth been the object so would he[?] be /Were truth the object so would he[?]

    be/ in all places as well as in all cases. In felonies, if[?] ever unchargable ever

    he is examinable antecedently to the trial though not at the trial: at the trial

    though judicial confession is excluded, supposed extrajudicial is admitted

    (d) Considerable indeed must /would/ be the several /respective amounts of these

    masses of damage, if by Motions made and opposed on the subject of them they were not

    eaten up.
  • Title: [1818 May 13 ┴ Parl. Reform Bill]
    Description: 1818 May 13 ┴

    Parl. Reform Bill

    Text

    VIII Penal Securities

    {VIII Procedure}

    1

    1

    Judicial Procedure in England.

    Promising that, consistently with the established course of technical procedure,

    established by lawyers, for the joint behoof of themselves and the tyrants of whom

    they have at all times been the willing instruments, they could /it could/ not be

    made to take effect, the following arrangements may as far as they go, afford some

    conception of what in this case the mode of procedure would be, supposing on the

    supposition that in those cases here in question, any such wild and visionary conceit

    were to have place, as that of taking substantial justice for the object of what is

    done.

    { In England, the procedure shall be by Indictment at the Quarter Sessions of the

    County in which the Polling Office in question is situated.

    Art. 2 No stamps shall be employed, no Office fees paid. {except

    in case of conviction, and in that case both: unless /except/ in so far as exempted,

    on the score of poverty.}

    Art. 3 The defendant shall be examinable in the same manner as

    the prosecutor.

    Art. 4 In case of conviction, the Defendant shall reimburse to

    the prosecutor his costs: saving in case of poverty, power to the Court, at

    discretion, to exempt him from any part or even the whole: {so as to stamps and

    office fees}

    Art. 5 In case of conviction, if by means of the offence,

    pecuniary damage shall appear to have been caused to any individual or individuals,

    or to any public fund, the Jury are required to find a verdict to that effect,

    stating to what person or persons and to what use such money shall by the prosecutor

    be paid: provided that sufficient notice of the facts intended to be proved shall

    have been given, according to the practice in respect of the like notices in civil

    actions. (a) }

    { Art. 6. For defraying of the prosecutors part of the expence

    of such indictment, as also that of the defendants, subscriptions may freely be

    solicited, furnished /supplied/ /paid/ and received.

    Art | | According to the finding of the Jury, Co delinquents according to the parts

    respectively taken by them, and the state of their respective pecuniary circumstances

    shall stand charged with costs and damages, as above, either in equal proportion, or

    in such other proportions as shall seem meet.

    (a) viz by Bills of Particulars.
  • Title: [[131a-018] 1818 March 23 +]
    Description: [131a-018]

    1818 March 23 +

    Parl Reform Answer to Antiballotists

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    Of an intimation of this sort the effect would frequently be – the acting in subserviency, to, and giving effect to, Election tyranny. To no good purpose could any such intimation be necessary. For giving expression to whatever opinion it may happen to a man to entertain, or to wish to express, strange indeed it will be, if the whole quantity of times anterior to that of his giving his vote will not be quite sufficient.

    To compleat the emancipation of the voter from Election tyranny, a prohibitive clause, inhibiting this practice will be altogether necessary. To the person on whom the prohibition is imposed it can not be a hardship: on the contrary, in so far as he stands exposed to influence by yielding to which he would go counter to his own wishes, it can not fail of operating as a relief. Accordingly, any intimation given to any such effect, the law should declare to be an act of complicity with Election tyranny, the person who is guilty of it, an accessory – an accessory after the fact – to Election tyranny: an accessory after the fact, but not so as to require for conviction proof of the principal offence. For punishment his name might be entered in the Black book: entered in that reproachful book, but without being gazetted.

    Evidently enough, in this as in every other case, where it is really a man’s wish to avoid doing a thing, at the same time that it is the wish of some person under whom he is in any respect in dependence, that he should do it, a prohibition inhibiting him from doing it is – not a burthen but a relief. Nothing can more effectually free him from the irksome influence: after this, a question – how did you give your vote – would be an insult – it would be a command to committ an offence, and that a dishonourable one: it would be to say to him – you are that sort of person who to ingratiate yourself with me, or save yourself from any resentment, unjust as it would be are ready to committ a dishonourable offence.