138

Parliamentary Debates relating to the Law.

arrangements are unknown to professional cerity, or a more scupulous regard to cha

racter, than belongs to others, but-because, if there is any honourable Member in this House who entertains the slightest suspicion on the subject, or has any curiosity to gratify, I can assure him that such is the state of the business in the house of which I am a partner; such is the notoriety on this subject, and such is the information of the clerks in that housesuch the knowledge of official persons connected with both Houses of Parliament-that the statement I am now making, and which would, if untrue, be contradicted by twenty persons in my own establishment. The books of the house, about which there is no mystery, would contradict me if I any way deviated from the exact facts. Therefore, I ask-I invite any honorable gentleman who has the slightest doubt on the subject, to move for a committee to investigate the matter, and I will stand or fall by the truth of the statement I am now making.

men. On the contrary, they are matters of every day occurrence. In fact, there is scarcely any house of great professional business in which there are not transactions in which some of the parties have no interest. Some have no interest in the common law business; others do not participate in the profits of the conveyancing department. And, in my own office, I have one son who has no connection with the business of the Bank of England, and another son who is connected with me in the affairs of that great Company. I and my sons are part-will probably be in the papers to-morrow, ners in general business,-excluding one of them from the concerns of the bank, and I being excluded from the parliamentary business. I state these as facts easily ascertained. Similar arrangements to the one I have entered into have been made by other Members of this House belonging to the same profession. In the case, for instance, of Mr. Henry Smith, the solicitor of the East India Company, from the moment he came into Parliament, he disconnected himself from all parliamentary I repeat, that what I have done is done daily business. The same thing occurred with re- by other Members of this House, who are in spect to the late Sir James Graham; in the the profession. I have entered upon the books case of Mr. Evan Folks, solicitor of the Audit of my house the same record as that recorded Office, and of Mr. Jones, the solicitor of the in the case of Mr. Smith. That record is still Board of Woods and Forests. Without mul- on the books of the house; it was entered tiplying these instances, I will ask, has any in- with the full knowledge of all the clients, convenience arisen from the resolution not whose business has any reference to parliamenbeing more stringent than it is? Have any tary affairs. I ask the house what other complaints been made of individuals having method remained of conforming to the resolu apparently withdrawn from parliamentary bu- tion of this House than those I have resorted siness, yet interfering, nevertheless, with that to? If from this moment, I should retire from business. I hope the House will permit me to the profession of the law, there would still restate what has been my own conduct in this main the same intimate connection between respect. From the moment I entered parlia- the gentlemen who conduct the parliamentary ment and had disconnected myself from any business of my office and myself; there would parliainentary profit, I abstained from the most still remain that indirect, though close interest, indirect inquiry in relation to any parliamen- which must always exist between parties who tary business in my own office. I assert, in are so closely connected as a son, a son in law, the most solemn manner-if my own word be and a brother. The House will be kind enough not sufficient,-that no client has had the to bear in mind that the resolution which has slightest advantage. from my being a member been read has a different reference to parlia of parliament that no client is ever allowed mentary agencies and avowed partnership. It to hold any conversation or intercourse with is impossible that any gentleman can read me on the subject of any parliamentary busi- that resolution without seeing that it is inness in which my son is professionally con- tended to prevent Members of this House nected; and, although I may have presented from deriving advantages from parliamenpetitions from gentlemen who have stopped tary business? Again and again 1 assert, me in the lobby, who were perfect strangers to that I derive no such advantages. me, yet I have never given to a client the ad-suffered the interests or wishes of the clients of vantage I have rendered to a stranger. I have, my house to interfere in the slightest degree in no instance, presented a petition, or moved with my parliamentary conduct; and I never those bills, through any one of their stages, will. In fact, to whatever extent parliamenin which my sons had the least interest. Itary business is carried on in my office, I have always kept myself distinct from any suffer rather a proportionate injury than de sort of interference; and it has, in conse- rive a proportionate advantage. If any diffequence, frequently occurred that the pro-rent construction were to be put on this resogress of their business has been delayed; but lution, what would be the situation of an honoI have done so because my character as a rable Member of this House, who happened Member of Parliament should not be in the to be in partnership with a solicitor in carrying most distant degree compromised. I claim, on the business of bankers, the member being most respectfully, but with the utmost confi- merely a partner in the banking business, but dence, that the House will give full and im- the solicitor also carrying on his professional plicit reliance to the statement I am now business, and being concerned in soliciting making. I claim iti on this distinct ground-bills in parliament? Would it be said that a not arrogating to myself a higher degree of sin- Member of the House, under such circum

I never

Parliamentary Debates relating to the Law.

139

stances would be affected by this resolution? | of his high character, in contravening the I may ask the House to express itself if I spirit, and as I am persuaded, the very letter of may be permitted to make the request-in the resolution, may have the effect of encouraga clear, unequivocal, and intelligible form on ing less scrupulous individuals to profit by the this question. If it appears to the House that latitude thus given in the construction of it. I am so circumstanced that I cannot indepen- Should the House, however, not agree with dently discharge my duty, and that I cannot me in my view of the resolution, I shall conassociate with the Members of the House clude by proposing the addition of some words, without some degree of discredit to the Mem- which shall preclude the possibility of its hers themselves, that I cannot discharge my being perverted to the purposes of undue inpublic duties without having motives imputed fluence in the conduct of the private business to me of an unworthy nature,-if the House so of the House. On my first return to Parliaexpresses itself, it may depend that I will never ment, I was placed in the same situation as the stand in the way of any one honorable Member honorable Member for Penryn; and, although of this House. I call upon the House to de- various suggestions were offered to me of a cide whether or not I can hold my present separation of profits, and even of offices, it apsituation with honor to myself; and to the de- peared to me that the common sense of the cision of the house, whatever it may be, I will resolution claimed an entire abstinence, direct willingly bow. and indirect, from all interference with the private business of the House. I lost no time, therefore, in dissolving a lucrative partnership in which I was engaged, holding it inconsistent with my sense of parliamentary, no less than professional duty, to accede to any such expedients for evading the, to me, plain meaning of the prohibition. Indeed, I cannot consider but the simple fact of a Member of Parliament having partners actively employed about this House, may be productive of incalculable mischief; and I much fear that if the doctrines laid down by the honorable Attorney General, and the honorable and learned Member for Huntingdon were to prevail, some ingenious professional men, not influenced by the motives

Mr. Freshfield having left the House,

The Attorney General said;-I feel bound to offer my opinion on this subject to the House at once; and it certainly appears to me that the honorable Member has taken unnecessary pains to vindicate himself. Because, as soon as the honorable Member declared that he had no concern, directly or indirectly with the business, it seems to me quite clear that he cannot be in the remotest degree implicated in the resolution that has been read. We are bound to give credit to the statement of any honorable Member, much more to the honorable Member who has just left the House, who, I must say, during the long period I have known him, has maintained this character-professed by the honorable Member for Penryn, that there is no honorable Member whose word can be more implicitly relied on, or who has a stricter or more delicate sense of honor. Sir F. Pollock.-I entirely concur in what has fallen from my honorable and learned friend opposite. No Member of this House, either by himself or his partner, ought to participate in the profits of a parliamentary agency. I am sure there never sat in this House an honorable Member more entitled to a higher share of confidence than the honorable Member for Penryn; and if the House is satisfied that what that honorable Member has stated is correct, it is clear that this case does not come within the spirit or the letter of the resolution. Agreeing, therefore, with the opinion of my honorable and learned friend opposite, and there being no motion before the House, I hope the House will now proceed to the other orders of the day.

Mr. Tooke. It is not my intention to occupy the time of the House at any length on this occasion; but considering the subject as one of much importance, and fully concurring in the propriety of the resolution in question, I cannot refrain from making a few observations upon it. I would premise then, however, by stating that no one more readily acquiesces than I do, in the satisfactory nature of the explanation given by the honourable Member for Penryn, so far as regards his own persuasion of his not coming within the scope of the resolution; but I at the same time greatly fear that the example thus set by one

might turn those doctrines to very profitable
account. By way of illustration I may add,
that during the last Summer, I received inti-
mations from agents and others engaged in
railways, similar to that of which I have here a
Gazette notice issued by the two junior Messrs.
Freshfield's, apprising me that they should
bring their plans forward with much disadvan-
tage in competition with gentlemen whose
father and general partner was in parliament.
And now with regard to the allegations of a
particular partnership and separate accounts,
I conceive it to be next to impossible to draw
the line of demarcation so fine, as to prevent
much of intermixture of profit as well as of
outlay-and this would appear more especially
in the case of a business conducted as between
father and sons, under the same roof, with the
same clerks, and with the necessarily common
use of stationery and other materials of busi-
ness; independent of which, it could not
escape observation that the shares of the sons
in the general business might be reduced, in
consideration of their taking the profits of the
parliamentary business, and thus virtually an
advantage would be derived from the latter.
For these reasons therefore, and with no re-
trospective view whatever, and equally dis-
claiming all personal or party motives as re-
gards the honourable Member for Penryn, for
whom I entertain as much respect as any
member in this House, but having a paramount
duty to perform towards a profession, to im-
prove the standard of which in public estima-

140

Parliamentary Returns relating to the Law.

tively, for offences that were capital on the 1st of January 1830.

NUMBER OF EXECUTIONS.

In the three years ending 31st December

tion has been my most strenuous endeavour, during a period of nearly forty years, I am satisfied I cannot more effectually promote that desirable object than by removing one great element of temptation, by rendering the resolution of the 26th February 1830, as clearly applicable 1830 in its terms, as it most certainly is in its spirit, Ditto to the proceeding in question; and I shall Ditto therefore propose an amendment to that resolution, to the effect that its disabling consequences should equally attach to a member, whether he or any other person in any relation In three years ending 31st Decem. 1830 960

of partnership with him, shall derive pecuniary reward from parliamentary business. After some observations by other honorable

31st December 1833

31st December 1836 NUMBER OF COMMITIMENTS.

12

nil

For offences that were capital on the 1st Jan. 1830;

Ditto
Ditto

Whitehall,

Members the motion was postponed, and sub- 22 March 1837.}

sequently negatived.

PARLIAMENTARY RETURNS.

COURT OF CHANCERY. RETURN to an order of the Honourable the House of Commons, dated 15 February 1837;-for.

31st Decem. 1833
31st Decem. 1836
S. M. Phillipps.

896

823

STATEMENTS ON CRIMINAL LAW.

England and Wales.-Criminal Tables for the
Year 1836.

THE decrease of crime, which commenced in 1833, and continued through the two following A RETURN of the Number of Cases which years, amounting in the aggregate to 13 per have been heard before the Master of the cent., appears, by the tables for 1836, to have Rolls and the Vice Chancelor upon Ex-suffered a slight check in that year. The total ceptions taken to the Master's Report be- number of persons charged with indictable oftween the 31st December 1831 and the fences being,31st December 1836; distinguishing the Number of Cases in which such Exceptions have been wholly over-ruled, and the number of cases in which such Exceptions have been allowed wholly or in part, or in which it has been referred back to the Master to review his report.

Number of cases

Between the 31st December 1831 and the 31st general, extending over twenty-six English

counties, the city of Bristol, and to both North and South Wales. In thirteen English counties there was a decrease; in one the numbers remain the same.

Of the twenty-three English counties having the largest proprotional agricultural population, an increase of offenders is shewn in twenty. In Herefordshire it amounted to 36 per cent. ; in Cambridgeshire to 32 per cent. ; in Hamp64 shire to 24 per cent.; in Northamptonshire to 43 23 per cent., though in the preceding year there was a decrease of 50 per cent. in this county; in Suffolk to 17 per cent.; in Somersetshire to 16 per cent. ; and in Herefordshire and Norfolk to above 10 per cent. The three agricultural counties which form the exception are Bedfordshire, Oxfordshire, and Buckinghamshire -the decrease in these counties being respectively 7, 11, and 15 per cent. Of the counties having a mixed population, Cumberland shows an increase of 43 per cent.; Northumberland of 34 per cent.; Worcestershire of 18 per cent.; Leicestershire of 12 per cent.; Derbyshire of 9 per cent; and Cheshire of 2 per cent.

RETURN to an address of the Honourable the House of Commons, dated 21 March 1837;-for

A RETURN of the number of Executions which took place for London and Middlesex, in three years ending 31st December 1830; in three years ending 31st December 1833; and in three years ending 31st December 1836; together with the number of Commitments in each of those periods respec

But in the great manufacturing and commercial counties there has been a considerable decrease. In Lancashire of 17 per cent. ; in Nottinghamshire of 15 per cent.; in Staffordshire of 12 per cent. ; in Warwickshire of 4 per cent.;

Statements on Criminal Law.

in Middlesex of 3 per cent.; and in Surrey of 2 per cent. In Yorkshire (including the three Ridings) there was an increase of 24 per cent.

In comparing the numbers charged with the various descriptions of crime, the increase will be found to have taken place chiefly in the minor offences; and that in those of a graver stamp there has been a decrease.

In the first class-Offences against the person-the decrease amounts to three per cent., and includes all the most atrocious crimes of the class, except the unnatural offences; in these there is an increase, though the numbers are still much below those in 1834.

In the second class-Violent offences against property-there is a decrease of above 3 per cent,, the only exception being in the crimes of house-breaking and sacrilege.

It is the third class-the offences against property commited without violence-that the increase of the past year has arisen. It amounts to nearly 44 per cent., and falls chiefly under the head of simple larceny; though in two other prominent offences there has been a considerable increase, viz.—

Sheep stealing.
Larceny by Servants

1834 1835 1836

229 221 298
813 871 987

In the malicious offences against property there has been a very trifling increase, which has principally occurred in the least atrocious offences.

In forgery and offences against the currency there has been a decrease of 24 per cent. Of the forgeries, seperately, the numbers were in 1834, 59; in 1835, 64; and in 1836, 55.

In the remaining class-the miscellaneous class the decrease has reached 32 per cent., having fallen principally under the heads of riot and breach of the peace, and offences against the Game Laws.

The crimes of infanticide and concealing the births of infants, have been latterly the subject of inquiry in reference to the operation of the New Poor Laws. In the former offence | the numbers have been ascertained for the

|

141

Average 1836

Total 1,400

Comparing these totals, a decrease of 20 per cent. is shewn; but in the offence of house. breaking the alterations which have taken place in the law, render the direct comparison with former years incomplete. The same remark applies to forgery, the laws relating to it hav ing been much enlarged by the Forgery Act. of 1830, and offences subsequently indicted as forgeries, which could only have been charged as frauds under the previous law. These cases cannot be estimated at less than one-fourththe total number of forgeries, which they will have increased in that ratio.

The sentences passed in each of the three last years are given; they corroborate the statement that the slight increase in 1836 has been in the more trivial offences; the increase. in the numbers sentenced being chiefly in, those punished by the shortest periods of inprisonment, viz.

1834 1835 1836

480 523 494 864 746 770 554 14 years 688 585 7 years 2,508 2,329 2,256

Imprisonment for terms
above one year. . .
301 286
Imprisonment for one year
and above six months 1,582 1,543 1,455
Imprisonment for six months

and under

Whipped, fined, &c.

8,825 8,071 8,384 734 662

541

year 1836; but no comparison can be made, The most marked change which has taken. the offence having theretofore been placed place in the administration of the Criminal Law under the general head of murder. In that has been with regard to capital punishments: year, 1836, there were ten charges of infan--In the three Years ending with 1820, 312 ticide, including, with principals and accesso-persons were executed; in the three years enries, eleven females and four males; but a conviction took place in one case only. The numbers charged with murder were, in 1834, 86; in 1835, 78; and in 1836, 73. The numbers charged with concealing the births of infants in the same years were 44, 37, and 45, respectively.

Since the year 1827 capital punishment has been abolished in the following offences. In order to shew what may have been the influence of this alteration in the law, a comparison has been made of the average of the numbers charged with each offence, in the three years preceding the abolition, and the numbers in the past year: they were

286 770. Transportation for Life.
240
585.
from 9 to 5 years 1,460 2,256

935 285 2 Years and above 1 Year. 5,515 1,455. 1 Year and above 6 Months. 24,681 8,384. 6 Months and under.

The proportion convicted was, in England | atrocious crimes in this country is proved by the and Wales, 71 per cent. in France, by juries in the Caurs d'Assizes, 599; by the Judges of the Tribunaux Correctionels, without the intervention of a Jury, 71.5