Page:Volume 3 1840.pdf/38

From Historical Hastings
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self cost him £6,000, notwithstanding that he declined a renewed contest for Hastings in 1837, because of "the ruthless expenditure of a previous election", which was not half so expensive as his election at Lewes. The numbers polled at Lewes were for Summers Harford 411, Howard Elphinstone 409, Hon. Hy. Fitzroy 407, and Lord Cantalupe 388. A petition was afterwards filed against the return of the two Liberals, and in consequence of this, the agents of the sitting members and the defeated candidates effected a compromise, whereby Mr. Harford consented to retire, that Mr. Fitzroy might take his seat. By that contrivance, the borough of Lewes was represented by a Liberal and a Conservative instead of by two Liberals. As Mr. Elphinstone was regarded as a Hastings sham, the whole proceedings in connection with this contest were watched by Hastings people with keen interest. It was well known that there had been extensive treating and bribery on both sides, and as the sitting members had also a retaliatory petition in preparation in the event of their losing their seats, there was a certainty - so it was believed - that all four would be turned adrift and prevented from seeking re-election during the existence of that Parliament. Some idea of the system pursued at Lewes may be gained from the following very condensed narrative of the later parliamentary enquiry of which was held in 1842 - the year still under review. In answer to questions by the chairman, the London parliamentary agents for the Liberals said

"I had no negotiations for a compromise with the defeated candidates or their agents, but about 7 weeks before the Petition Trial, I met Mr. Clarke, one of the opposite solicitors, who said, "You have a nice mess to defend in Lewes", to which I replied "I thing you had better attend to your own, which is even worse". I was receiving some money and so was he. We did not meet again until in the Committee room. In the mean time some preliminary negociations(sic) between the sitting members took place as to one of them resigning his seat, and I was requested to make an offer of it before the Committee met. The case was opened by the Petitioner's leading Counsel on the 18th of March. On coming from the Committee that day at 5 o'clock, I had a consultation at my house with our two counsel and the sitting members, when I stated it would be perfect lunacy to let the case be further opened, for in a day or two, the evidence could be such that the Committee could not possibly allow any arrangement to take place. We have only 14 or 15 hours to decide, and it is urgently necessary for you to make the arrangement. This was done with the understanding that Mr. Elphinstone would retain his seat, and that I should make the best possible terms with the other side for Mr. Harford's seat. After the first day's proceedings, I was doubly alarmed for the safety of the seats, the whole case of bribery and treating having been fully opened. I wrote to our leading counsel that I thought by scrutiny we could put Mr. Fitzroy in Mr. Harford's place, but if that could not be effected, Mr. Harford would accept the Chiltern Hundreds.

The committee resumed its sitting next morning and in going thither, I met one of the opposing counsel, who said it was not possible to carry out such an arrangement, because Mr. Elphinstone was lower on the poll than Mr. Harford. I replied that although it was a curious finesse, I had a calculation that by cutting off and putting on certain plumpers and split votes, I could make Mr. Fitzroy even with Mr. Elphinstone, thus placing Mr. Harford and Lord Cantalupe lowest on the poll. I then saw Mr. Clarke, the agent on the other side, who said he was very glad we had come to terms. We all sat down in front of the Committee. and there I explained the reduction of the poll which I proposed to effect, all the room by that time being aware that the matter was settled. It was of course understood that the usual indemnity would be given to drop all actions that were pending. In carrying out the manoeuvre we struck off 5 or 6 plumpers and when we had reduced Mr. Harford's poll by the votes being shuttlecocks in that way we contrived to make the operation. The Committee sat in silence for half an hour, they showing us the usual courtesy when coming to an agreement by no pressing us, and I think -