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were inexcusable. There had for. merly been cases where the punishment was partially inflicted at one time and completed at another, but the modern practice had been directly the reverse; and it would have been well, therefore, if gentlemen, before they drew such a picture of the repetition of the punishment of flogging for the same offence, had enquired whether the practice was continued. The question of its legality had been submitted to the judge-advocate, and he had pronounced it unlawful. Why then was such a representation made, when grounds for it no longer existed? -It was likewise true, that in some regiments corporal punishment was more frequent than in others; but the obvious reason was, that it was more deserved.-Would the production of documents throw the faintest light upon any of the cases which had been selected? One objection to laying the account called for upon the table was, that it would point out particular regiments in which more flogging was inflicted (although deservedly) than in others, and would hold up the officers commanding such regiments to the odium of the army, and of the whole country. The number of corporal punishments would appear, but the grounds and merits of each case would remain out of sight; and rather than put officers thus unfairly upon their trial, it would be far better at once to make a new law. Nothing but the most trying necessity could justify the discussion of military affairs by the legislature, and yet the present was the third or fourth time that gentlemen had volunteered to introduce the subject during the present session. To this it was answered indeed, that resistance to the motion provoked the discussion. But gentlemen finding they should not have the documents required to debate on a fu

ture day, had taken this opportunity of declaiming, not on the point before the house, but upon the general question of the propriety of flogging in the army. The honourable baronet had repeated now, what he had before stated, that because we had a local militia, Great Britain was a flogged nation. It might as truly be said that we were a hanged nation, because all were sub. ject to the criminal laws; and doubtless the honourable baronet (as well as others) could point out many individuals who, on this account, would wish this punishment also to be abolished; and it might be urged too with truth, as had been done with respect to flog. ging, that many persons had hanged themselves rather than undergo the same ceremony by the hands of a public executioner. The clause proposed by Sir F. Burdett as an amendment on the mutiny act, was negatived; and the motion of Mr Bennet was also negatived by a great majority.

While these minor improvements were thus anxiously discussed, the great question of parliamentary reform-that question which had occupied the most powerful minds, and divided the most illustrious statesmen of this country, was not neglected. Mr Brand brought forward a motion, which had for its object a partial and limited reform; and which, without giving the slightest countenance to the

radical reformers," as they call themselves, sought only the disfranchisement of the smaller boroughs, which are without wealth and without population, and the admission of copyholders to the exercise of the elective franchise. The motion was not supported by much novelty of argument, or brilliancy of illustration. The following is an accurate outline of what was urged on this occasion.

It was said, that the day of alarm had gone by, and the question of re

form might now be dispassionately discussed, without any fears for the safety of the constitution. All questions that pointed at reform were viewed by many with a certain degree of apprehension; and when such questions were agitated, the people were commonly alarmed, by being told to look at the countries on the continent, now prostrate at the feet of a military despot. A false and groundless alarm was thus raised which arrested the progress of every improvement.-Perhaps, it might be said, why press a measure like this upon the house, when it was notorious that the people at large were indifferent about it? But the people were not indifferent. Were there not petitions upon the table from the city of London, from the city of Westminster, from the counties of Middlesex and Essex, and from other places, praying for a reform in the representation of the country? The necessity of some reform had been also, in various other ways, uniformly and strongly pressed upon the attention of parliament. But even if this were not the case; if there existed no such expressions of public opinion upon the subject, yet certain statements had been made to that house, which loudly called upon it to enter upon the discussion; which should make the desire of reform a natural impulse of patriotism in the bosom of every member, and which rendered it a duty imperative upon, the present House of Commons, beyond what it had been at any former period. It had been stated by a member of that house in his place, that ministers openly and avowedly adopted the most corrupt practices in order to obtain seats in parliament for those who would vote in support of their measures. A motion, founded on this charge, had been rejected, because it was thought unfair to proceed against individuals for offences which had become so common. At that time state

ments were made, so disgraceful, that the Speaker himself pronounced them to be such, that "our ancestors would have started with indignation" at them. And yet, notwithstanding these statements, parliament had gone on, without effecting any salutary alteration; thus leaving the people to form the dangerous opinion, that their representatives were attentive to their own interests, but utterly regardless of the rights of their constituents.-Admitting the universality of the practice alluded to, it was only an additional reason why the question should be entered into by parliament; instead of which it seemed to be, unfortunately for the country, neglected with a sort of sullen indifference, or left to the zeal and industry of individuals who propose remedies, which ought rather to originate in the combined wisdom of the legislature :-That the great. danger which threatened the constitution, arose from the number of members returned by places which were now uninhabited and desolate, or which possessed so few inhabitants, that it was a mockery to continue to them the elective franchise: That no one contended against the fair right of property in influencing the representation. of the country; but it appeared, ac-. cording to the facts which had been collected, that one hundred and eightytwo individuals returned, by nomination and otherwise, three hundred and twenty-six members to that house.There were also above seventy placemen in the House of Commons, and above forty persons who were returned: on either side, by what was denominated a compromise. That although it was difficult to find expressions which would adequately convey the feelings. excited by such disclosures, yet the members of the House of Commons. had, by their decision in a late case, voted themselves a full, fair, and free representation of the country! But,

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how could this be, when, upon the most moderate computation, there were two hundred and ninety-two persons among them so brought in, that they could not exercise a full and fair discretion upon any subject brought under their consideration? Would any person pretend to call such a representation a proper one? And yet a House of Commons so composed was returned for seven years. With regard, indeed, to septennial parliaments, objectionable as they were in principle, the act which authorised them could not be repealed, unless some mode of limiting the expence of elections were previously adopted. Fortunately, however, such a mode was now in contemplation. A noble lord had moved for leave in bring in a bill, the specific object of which was to contract the enormous expences which now attended an election to serve in parliament. That measure, if carried, would ultimately lead to a plan which would prevent the long suspension of communication between the constituents and their representatives.-The septennial act, indeed, was a manifest violation of the principles of the constitution; for if the parliament had the power to vote for itself a duration of seven years, there was no reason why it might not have voted itself perpetual. What plea could be urged in defence of such a step, except perhaps that of expediency; yet it must be inexpedient that there should be such a suspension of intercourse between the representative and the electors. It removed that wholesome check upon the proceedings of a member which a frequent return to his constituents would create. If any proof were needed of this, it would not be difficult to produce it; and as one sort of proof, that the expectation of soon meeting their constituents was a necessary check upon members, the lists of names on some recent occasions might be referred to.

Such being the evil, the remedy must be found. Here it was natural to expect that there must be doubt and difficulty, but, generally speaking, the leading steps to such measures would be, first, granting to copyholders a right to vote; and, secondly, abolishing the right of nomination, so as to generalize the right of voting, and thereby more fairly to proportion the number of representatives to the extent of the population of each place represented. A monstrous disproportion at present existed; since many depopulated, desolate boroughs returned as many members to that house as the whole county of York; while Manchester, Birmingham, and other opulent towns, returned not one member to parliament.-Great as were the evils resulting from the present inadequate system of representation, it would be better to submit to their continuance than propose for them a remedy not to be found in the ancient constitution of this country. The remedy suggested, was to be found in that constitution, and would be rather a restoration than a change. It was idle to say, that the extension of the right of suffrage would weaken the influence of property, since, whether that right was or was not spread out over the population, still property would, and must, have its natural influence. But it was wrong, that one hun dred and eighty-two persons should regulate and command votes in the House of Commons; it was revolting, that seats should be bought and sold in open market for immense sums, when it was clear that the only profit to be derived from them was the usurpation of the rights of others; above all, it was disgusting, that persons who came home loaded with the wealth of either Indies-persons used only to the treatment of slaves, should have the power of nominating_members to the House of Commons. It was proposed,

then, by Mr Brand, to get rid of nomination, and to expand the representation of the close boroughs into a more enlarged representation of the populous counties. The boroughs, which Mr Pitt, in the early and purer part of his political life, made such efforts to abolish, were said to amount at that time to thirty-six in number. These, it was well known, were made mere articles of commerce, common conveyances for the transfer of the rights of Englishmen from one borough-monger to another. It had been suggested, in conformity with the ancient practice of the constitution, that these boroughs might be thrown into the hundreds; and as to the objection that the poor voter would be more accessible to corruption than the rich borough-holder, where was the difference between the poor man taking a bribe of five guineas for his single vote, and the rich man accepting as many thousands for nominating to a seat in that house; unless it was, that in the former case the corruption went no farther than the abuse of a single vote, while in the latter the nominator had for his money a power to dictate to the crown, to the minister, and to the people?-One part, therefore, of the plan was, to bring in a bill for the abolition of those boroughs, which

were now known to be as common ar

ticles of trade as the woollen of which our coats are made; from the abolition of these boroughs, and the consequent appropriation of a more extensive suffrage to the populous counties, would arise an equalization of members from the different parts of the empire. As to the other part of the proposed remedy, that of admitting copyholders to the elective franchise, this question had been much agitated in the middle of the last century, having been started in the county of Oxford. It was in the course of this controversy that Sir William Blackstone wrote his able

treatise on copyhold tenures; and that eminent authority was clear as to the constitutional right of copyholders to vote. The immediate object of Mr Brand was to repress the system of nomination; to prevent the disgrace that a House of Commons should be constituted and influenced by an oligarchy, and bow in obedience to the directions of a portion of the monied interest. There was now scarcely any person who contended, that the representation of the people was either preventive of corruption, or efficacious against the inroads of the crown. It was always in the power of the minister to cover every enormity by his majorities. The object of the proposed measure was not to innovate, but merely to restore the constitution to its former state; not to break down, but to build up those fences which had become necessary to its protection.

Mr Elliot spoke against the motion with much force and eloquence; but the speech delivered on this occasion by the honourable Mr Ward, exhibits so masterly a sketch of the leading arguments on this great question, and is in every point of view so valuable as coming from a man of his political principles, that there is no other way of doing justice to the great cause of the constitution, which he sustained with such distinguished ability, but by giving a place to this fine oration. After some apologies for joining in the debate, he proceeded. "Sir, I well know, that if I undertake to argue against this favourite measure, I must do so in the face of great authority, living as well as dead; I must do so in opposition to the recorded opinion of a great majority of those with whom I usually act; I must do so at the risk of incurring some odium, and at the certain loss of that share of the public favour, which an opposite line of conduct, even when pursued by the humblest abilities, is now almost

certain to obtain. For, sir, it unfortunately happens, and it is by no means the least of those disadvantages with which we have to contend, that though, as in my conscience I believe, truth and sound reason are with us, all those specious arguments, and all those splendid topics of declamation that address themselves with most force and effect to the popular mind, are ranged on the side of our adversaries. It required no great skill in the reformers to enlist in their favour some of our soundest principles and some of our strongest feelings. The great mass of society, who love liberty and who hate corruption, are naturally inclined towards a project which they are continually told, and with very little contradiction, is to extinguish corruption, and bring the principles of freedom into more decided and more extensive operation. All hasty views, all first impressions, are in favour of reform; and we must discuss this question under the disadvantage of having to oppose reason to passion, and of endeavouring to divert men's minds from vague hopes and delusive promises to the cold dry maxims of prudence and experience.

"And, sir, if the reformers had been contented to avail themselves of those advantages, which fairly belong to the cause they have espoused, how ever much I might have regretted that such advantages should exist, I should not have thought myself entitled to object to the use of them; but I think I have a right to complain of the manner in which this question has been treated, not indeed within the walls of this house, but in almost every other place in which it has been discussed. Sir, if there ever was a weighty and delicate problem in politics-if there ever was one which might fairly divide the opinions of wise and good men-if there ever was a question that ought to be treated

calmly, dispassionately, and without reference to mere personal or temporary motives, it is this. And yet, sir, how have the reformers proceeded in all their numerous speeches and writings? Why, no pains have been spared, no arts have been left unpractised, in order to fix upon the enemies to the measure the most odious and the most despicable motives. We have been represented in almost every sentence as the patrons of corruption, the enemies of freedom, the shameless interested advocates of a system alike repugnant to common honesty and to common sense. Sir, I had rather discuss this question without reference to the motives that may be supposed to actuate either party; but if I were compelled to enter into that consideration, I should do so with reluctance indeed, but without apprehension; nor should I be afraid to challenge, for the enemies of the measure, as strict an investigation into character and motives, as may be thought expedient for themselves by the most strenuous advocates of reform. Perhaps, indeed, the charge of sinister intentions may not only be repelled, but retorted; and we may venture safely to ask, Whether the history of all mankind, whether our own history in particular, but more especially, whether the history of the times in which we have ourselves lived, does not shew that if the friends to the ancient order of things are liable to the imputation of corruption and profligacy, and hosti-lity to the principles of freedom, those that aim at great changes, and adopt high popular courses, may not, with as much reason, be suspected of a mean desire to catch the applauses of the mob, of endeavouring to obtain, by their violence, that share of reputation which they never could have acquired by worthier means, of mounting to power on the shoulders of those whom they mean afterwards to

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