that it had exercised that right in a manner which
violated every principle of justice and even of decency.
Election petitions were decided by the entire House,
and were almost invariably treated as party questions,
in which impartiality was not even professed.
Thirty years before, the Prime-minister himself (Sir
Robert Walpole) had given notice to his supporters
that “no quarter was to be given in election
petitions;” and it was a division on one petition
which eventually drove him from office. There
was not even a pretence made of deciding according
to evidence, for few of the members took the trouble
to hear it. A few years after the time of which
we are speaking, Lord George Germaine thus described
the mode of proceeding which had previously prevailed:
“The managers of petitions did not ask those
on whose support they calculated to attend at the examination
of witnesses, but only to let them know where they
might be found when the question was going to be put,
that they might be able to send them word in time
for the division.” The practice had become
a public scandal, by which the constituencies and
the House itself suffered equally—the constituencies,
inasmuch as they were liable to be represented by one
who was in fact only the representative of a minority;
the House itself, since its title to public confidence
could have no solid or just foundation but such as
was derived from its members being in every instance
the choice of the majority. Yet, so long as petitions
were judged by the whole House, there seemed no chance
of the abuse being removed, the number of judges conferring
the immunity of shamelessness on each individual.
To remedy such a state of things, in the spring of
1770 Mr. G. Grenville brought in a bill which provided
for the future trial of all such petitions by a select
committee of fifteen members, thirteen of whom should
be chosen by ballot, one by the sitting member whose
seat was petitioned against, and one by the petitioner.
The members of the committee were to take an oath
to do justice similar to that taken by jurymen in
the courts of law; and the committee was to have power
to compel the attendance of witnesses, to examine them
on oath, and to enforce the production of all necessary
papers; it was also to commence its sittings within
twenty-four hours of its appointment, and to sit from
day to day till it should be prepared to present its
report. It was not to the credit of the ministers
that they made the passing of such a bill a party
question. The abuse which it was designed to
remedy was notorious, and Mr. Grenville did not exaggerate
its magnitude when he declared that, “if it
were not checked, it must end in the ruin of public
liberty.” He was supported by Burke, and
by two lawyers, Mr. Dunning and Mr. Wedderburn, both
destined to rise to some of the highest offices in
their profession; but he was opposed by the Attorney-general,
by Lord North, as leader of the House, and by Mr.
Fox—not yet turned into a patriot by Lord