I. Without noticing unexpected qualities now and then, and remembering them, many are needlessly discouraged in purposes of improvement. The two Bramwells, the judge and his brother Frederick, were both men of great parts. This narrative relates to the Judge, who could do mischief at will—and did it. It was Baron Bramwell who protected the bribers of Berwick. It is to judges of his political proclivities, to whom bribers look still for countenance. Young men of to-day enjoy advantages unknown to their forefathers, and the new generation are mostly ignorant how their good fortune, which Liberalism brought them, came to them—and they make no inquiry. Not only have they no pride in sustaining the political traditions of their family, but their base ambition is to give the influence of the position they have attained to that party who put every impediment in the way of their ever emerging from social and industrial obscurity—a condition from which they did not deserve to be rescued.
Political reformers used to complain of bribery at elections, by which a few wealthy political adventurers tempted the baser sort of citizens to sell the liberties of the nation to them. Tories, by the law of their being, seek authority by which the majority of them intend the control of public affairs for their own advantage. They supply money for corruption, intending to refund themselves by place and profit when the resources of the State come under their manipulation. Even judges of their party accord them legal security in their political nefariousness.
When the Liberals of Newcastle-on-Tyne claimed that Parliament should terminate electoral bribery, Lord John Russell said the law was already against it, and that the Newcastle applicants to the House of Commons should put bribery down at their own door, meaning in Berwick-on-Tweed, notorious for it Lord John had never tried to do this, or he would not have advised the attempt His counsel at the time seemed reasonable, and what came of it was shown in a petition from the Northern Reform union, sent to Parliament (1859), which set forth as follows:—
That the petitioners were members of a society named "The Northern Reform union," which was instituted for the purpose of obtaining a further Reform of the Representation of the People of these Realms in Parliament, and for the purpose of vindicating that purity and freedom of election which is essential to a true representative system. Amongst other steps with a view to these purposes, the said petitioners were induced to institute inquiries into certain corrupt practices, alleged to have taken place in the election of a member for the town of Berwick-upon-Tweed.
The result of these inquiries was, that the petitioners were induced, as a matter of public duty, to prosecute certain electors of the town of Berwick-upon-Tweed for the offence of offering bribes at the election aforesaid. The prosecution was instituted under the provision of the Act of 1854, known as "The Corrupt Practices Prevention Act," when one or more of the persons upon whom writs were served in accordance with the provisions of the Act, made affidavit that to the best of their belief, Mr. Richard Bagnall Reed, the secretary of the Northern Reform union and the nominal prosecutor in these cases, was not of ability to pay the costs of suit in case of nonsuit, and applied through their counsel to Sir G. W. Bramwell, one of the Barons of Her Majesty's Court of Exchequer, to make order that security should be lodged for payment of the costs in these actions if proceeded with. A report of the particulars of this application was published in a newspaper printed at Newcasde under the title of the Northern Daily Express, which report is verbatim, as follows:—
"London, December 16, 1859.
"Actions have been commenced, at the suit of Mr. R. B. Reed, the secretary of the Northern Reform union, against several persons suspected of bribery at the last Berwick election. The actions are founded on the 5th Section of 'The Corrupt Practices Prevention Act, 1854,' which provides that 'any one who shall be guilty of using any undue influence at any Parliamentary election shall not only be guilty of a misdemeanour, but shall also be liable to forfeit the sum of fifty pounds to any person who shall sue for the same, together with full costs of suit.'
"An application was made at chambers before the Hon. Mr. Baron B ram well, on the part of the defendants in the above actions, for an order that the plaintiff should give security for costs.
"Mr. Chitty appeared in support of the application.
"Mr. Rutherford appeared on behalf of the secretary of the Northern Reform union to oppose the granting of the order.
"Mr. Chitty founded his application on an affidavit, which stated that Mr. Reed was not the real plaintiff in the action; he was only instigated by the Northern Reform union, who were the real plaintiffs. A copy of the Northern Daily Express was annexed as an exhibit to the affidavit, and a passage was read from it relating to the proceedings of the Northern Reform union. Mr. Chitty cited cases to prove that where a plaintiff in an action was for the benefit of third parties, he is bound to give security for costs; and he endeavoured to show that in the event of the action being decided in the defendant's favour, it would be in vain to look to the plaintiff for costs.
"Mr. Baron Bramwell hereupon made the following extraordinary remark: 'This Northern Reform union is a purity society. It consists of patriots, and surely these gentlemen will only be too eager to give any security that may be desired, if it were merely to show their high-mindedness and integrity.'
"Mr. Rutherford said that his Lordship, on looking into the case, would find that the application now made was a vexatious proceeding to throw obstacles in the way of the plaintiff. Mr. Reed was the secretary of the union, and the proper person to sue. The union must sue in the name of some one, and who so proper as their secretary? The authorities that had been cited on the other side did not touch the case, because the plaintiff was suing for penalties, which, if recovered, would be for his own benefit. It mattered not at whose instigation he was suing. He was suing for a penalty, which the Act of Parliament gave him the right to sue for.
"Mr. Baron Bramwell: 'What is the plaintiffs position? Is he a man of substance?'
"Mr. Rutherford: 'He is, I am told, a gentleman of a respectable position. But that is not the question; it appears clearly from the authorities that in penal actions the courts have refused to order security, even in cases where the common informer was a person of great poverty. In one case Mr. Justice Bayley says, "Many qui tam actions have been brought by men who were worth nothing, but there is no instance of their being compelled to give security for costs. It might happen that the penalties had been incurred, but their recovery would be defeated by requiring such a security."'
"Mr. Baron Bramwell here observed: 'There is great force in that Men of property are not likely to trouble themselves about such things. I think I cannot make the order. Cannot some agreement be come to between the parties? Mr. Chitty, will you name any other member of the union to be substituted as plaintiff instead of Mr. Reed? Some one must be plaintiff; and the same argument you have used against Mr. Reed would apply to any one else.'
"A long discussion here ensued.
"Mr. Rutherford said he could not, without the consent of his clients, agree to substitute another person as plaintiff. The Act would become a dead letter if the judges allowed obstacles to be thrown in the way of carrying it out. There was no ground at all for this application, and if his Lordship granted it, it was impossible to conceive under what circumstances a similar application would be refused.
"Mr. Chitty insisted that his clients would not be able to recover their costs if the action were decided in their favour. It was a very hard thing to be compelled to defend an action at the suit of invisible personages. His Lordship had said that 'purity principles were all very fine.'
"Mr. Baron Bramwell: 'No doubt they are. It is very easy to go about professing integrity. To commence actions against people for penalties when the plaintiff cannot pay the costs, is a cheap way of becoming a patriot—cheap and, I think, nasty. I find that the Act gives me a discretion. The affidavits made by the defendants have not been answered. I shall make the order.'
"The order was made accordingly.
"The petitioners were informed and believed that the report quoted was substantially and literally correct. It was reprinted and commented upon by various other journals, and no attempt to question its accuracy was made, either on the part of the learned judge or of any other person.
"The petitioners were persuaded that the language asserted to have been used by the learned judge on this occasion cannot be deemed by, nor appear to Parliament either befitting the station of him who used it, or just towards the suitors in this prosecution, who were taking legal steps, under a sense of public duty, to put a stop to practices which tend to corrupt the source of all law.
"The petitioners submitted that the order made on this occasion is contrary to all precedent, and inconsistent with the intention and enactments of the said Corrupt Practices Act, which by Section 13 expressly limits the obligation on the plaintiff to find security for costs to those cases only where he may seek to recover, by order of the judge, the costs of prosecution for offences against the Act.
"The petitioners urged that they did not deserve to have their motives and characters thus questioned and sneered away, nor did they think that such language as that imputed to Baron Bramwell can tend to add to that respect for the law and those who administer it which the petitioners trusted may never be lost amongst Englishmen.
"On the contrary, such language appeared to the petitioners calculated to cause the people to believe that a complicity with such practices exists amongst the administrators of the law; subversive at once of justice and of the representative portion of the Legislature.
"The petitioners, therefore, prayed the honourable House of Commons to take such steps as might appear to it most fitting, to bring the matter under the notice of Her Majesty and her advisers in such a mode as may prevent a............