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Order for Committee read.

Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."

DEVONPORT ELECTION.-QUESTION. SIR JOHN PAKINGTON in rising, pursuant to notice, to call the attention of the Government to certain statements as to the manner in which Dockyard workmen who are Voters for the Borough of Devonport have been examined in the Dockyard

with reference to their intended evidence before the Election Committee for that before the Election Committee for that Borough, and to ask for explanation, said I am sincerely sorry that I am compelled by a sense of duty to ask the attention of Her Majesty's Government, and of the House, to the statements that have been laid before me with regard to certain proceedings that have been taken during the last few days in the borough of Devonport. I confess I had hoped that the day of political scandal and intimidation, or even of the suspicion of either in our dockyards, had passed away; and I very much hope that my noble Friend opposite (Lord Clarence Paget) may be able either to state that I have been misinformed, or to offer a satisfactory explanation with regard to the factory explanation with regard to the allegations that I am about to lay before the House. Sir, the facts to which I wish to draw attention are very simple, and I think I shall be able to state them in a

very few sentences. The first fact to which I wish to call attention is a telegram which I am informed was sent down by the Admiralty to the borough of Devonport last week. It is dated February 20, but it was not sent down to Devonport until the following day, the 21st. The wording of the telegram is as follows:

"Admiralty, Feb. 20, 1866. "Every facility is to be given for serving the Speaker's warrant on the workmen in the yard in the case of the petition against the sitting Members for Devonport.-For the information of the

officers."

I wish to ask a few questions relative to this telegram. In the first place, By whom was it sent?-by the noble Lord opposite (Lord Clarence Paget), or by Mr. Romaine, the permanent Under Secretary? and, if it were sent at all, it was sent by order of the First Lord of the Admiralty, or the Board? In the second place, I wish to ask to whom this telegram was sent ? I presume, and I do not think my noble Friend will contradict me, that no order would be

communicated to the officers or the workmen of the dockyard except through the medium of the Admiral Superintendent. I must inform the House that I know nothing personally of what has been going on at Devonport; but I am informed that the duties of the office of Admiral Superintendent of the dockyard were never more ably or more honourably performed than by Admiral Symonds, the present Admiral Superindendent. I am especially informed that no officer ever held the office of Admiral Superintendent of the Dockyard at Devonport who has more honourably and scrupulously observed the strict injunctions given against political interference in the yard. I therefore, Sir, desire to know whether the Admiral Superintendent was called upon to carry out this telegram?-because I am convinced, from what I know of this officer, that he would not have acted upon this telegram unless he had direct injunctions from head-quarters. I ask, then, to whom this telegram was sent ?-but the most important question I wish to put is this, Why was it sent at all? Why was it necessary for the Board of Admiralty, either through the Admiral Superintendent or any other agency, to interfere in the proceedings preliminary to the trial of the petition against the return of the Members for Devonport? Every voter who is a workman in the dockyard is a resident in the town of Devonport, and every such workman votes as a £10 householder; they are all easily accessible at their places of abode, which are perfectly well known; and therefore I wish to know what is meant by it when I am told that the Lords of the Admiralty have telegraphed that every facility is to be given for serving the Speaker's warrant? What facilities were wanted? How are the Speaker's warrants served in those boroughs where there happens to be no dockyard? How are they served in Devonport upon voters required as witnesses who are not workmen in the dockyard? As a matter of course in every case of a controverted election it is the constant practice to serve the voters with these warrants at their own houses. What reason was there, then, for telegraphing that facilities should be afforded in this particular instance for serving these warrants upon the workmen in the dockyard, instead of leaving them to be served at the voters' houses in the regular and ordinary course? This is the first point on which I wish to elicit information from my noble Friend. I now

pass to the manner in which the instructions of this telegram were carried out, The telegram, as I have stated, was sent either on Tuesday, the 20th, or Wednesday, the 21st, and on this day week (Thursday, the 22nd) I am informed that the messengers and principal officers of the yard were employed, early in the morning, in going round the yard with a list of the names of the men, and giving them to the inspectors and leading men, with directions for the men to attend in the sail-room at ten o'clock-the workmen here alluded to, some thirty or thirty-five in number, being workmen in the yard who had given their votes for the present Members for Devonport, Mr. Ferrand and Mr. Fleming, were on that day ordered by those officers to assemble in the sail-room of Devonport Dockyard. I understand that that sailroom is now used as a police-office by the Government police acting in the dockyard, On Thursday, the 22nd, at ten o'clock, these thirty or thirty-five dockyard workmen were taken away from the discharge of their duties-taken away from the work for which we are about to pay by our Votes in Supply-and were assembled in that police-office. The only persons at that time in that police-office who were not either policemen or workmen in the yard were first of all the town-crier, who, I understand, is a very warm political partizan, an attorney in the town, who is a solicitor for the petitioners, and a gentleman not known to the parties, but who, I believe, is an agent of the petitioners, and was sent down from London. Well, when these thirty or thirty-five workmen were brought together, one of them-for the sake of the men I had better not mention names-was called forward and subjected to examination by these hostile examiners. He was called upon to criminate himself. He was asked whether he had accepted bribes for his vote at the election, and when he denied any such illegality he was then cross - examined in an offensive and hostile manner as to his powers of memory, and even questioned, I believe, whether he recollected his own birthday. After this examination he was dismissed; and I am informed that the examination of the first man not turning out quite satisfactorily to the examiners, as soon as it ceased an inspector of police was called in who desired all the voters so assembled to go outside the building, which they did. Thereupon, the men were called in one by one, and singly exposed to the same system of hos

tile examination, cross-examination, and attempts to make them criminate themselves which had been adopted towards the first workman. These are the main facts as regards what took place on Thursday, the 22nd. I am informed that on Friday the same sort of scene was repeated. Some fifteen or twenty voters were brought together in the same place and served with the Speaker's warrant and I have heard that similar proceedings have taken place on subsequent days. Here, I must again ask, What reason was there for all that? What could have been the motive for bringing these voters to the police-office and thus calling on them to criminate themselves, under circumstances which, without at all wishing to prejudice the matter, I must say, unless they are fully explained, unavoidably inspire in one's mind the suspicion that the object was to intimidate and alarm these men? The warrants might have been served-it appears to me they ought to have been served-at their residences, after their hours of work were over. Instead of that, however, all these men-between thirty and forty on the Thursday, some twenty others on the Friday, and more I am told since thenwere taken from their labour, they were each absent from it, on an average, for an hour and a half-in some cases less, in others, as much as two hours; and this amount of labour of fifty or sixty men was withdrawn from the yard, and for what? To submit to a process which could have been more conveniently, and, as I contend, far more properly carried out at their own houses. There is another fact to be noticed, to which, however, I would not attach undue importance-namely, that one of the petitioners on whose behalf this telegram was sent, or on whose behalf these men were withdrawn from their work and brought to be examined in the police-office, is an official of the Board of Admiralty-a gentleman well known to all of us, I mean Mr. Phinn, who long held the office of Secretary to the Board of Admiralty, and is now their standing counsel. These, Sir, are what appear to me, to say the least, to be the most unusual circumstances connected with the manner in which the service of these warrants took place; and after all that has passed in former years-I hope the case will never arise again-I believe the House would feel that I should fail in my duty if, when these alleged facts were brought before me, I did not call upon the noble Lord opposite to give some explana

66

My dear Lord Clarence Paget,-I send you copies of the orders under which I have acted, also of the applications made to and approved by me in obedience to the two orders, which contained the fore ordered that the people sought and applied same words, on workmen in the yard.' I therefor should assemble at the hour requested in a quiet part of the yard, instead of their being sought separately at their work

tion of the reason why the ordinary prac- Admiral Superintendent, which I am pertice on such occasion has in this case been mitted to read, and which was as follows:departed from and this under circum-H.M.'s Dockyard, Devonport, Feb. 27, 1866. stances which, as I have before said, are attended with some degree of suspicion. I need not detain the House any longer, but simply beg to ask my noble Friend opposite in the first place-Are the statements which I have made correct? Have I been rightly informed or misinformed? And, in the next place, if I have been rightly informed, I have to call on my noble Friend to state whether he is able to offer any satisfactory explanation of circumstances which, I must say, on their first aspect, wear an appearance of grave impropriety and irregularity.

LORD CLARENCE PAGET: Sir, I am bound to say that the right hon. Gentleman opposite, in bringing this matter before the notice of the House, has not ac

companied his speech with any very strong remarks; but, on the contrary, he has made a temperate statement, and calls upon me to reply as to how far it is correct. I will, therefore, in a very few words explain all that I know of this transaction. The right hon. Gentleman first asks me whether I was cognizant of the telegram that was sent from the Admiralty to the Admiral Superintendent at Devonport. Well, what I am about to read to the House will show that it so happens that I was not cognizant of this transaction until it was brought to my notice by him. On Monday evening my right hon. Friend came to me in the lobby and said, "I find it necessary to give a notice for Thursday next, which I request you to read." This is the paper which he placed in my hands

"To call the attention of the Government to certain statements as to the manner in which

dockyard labourers, who are voters for the borough of Devonport, have been examined in the dockyard with reference to their intended evidence before the Election Committee for that borough, and to ask for explanation."

Now, thinking this looked serious, I asked my right hon. Friend whether he would allow me to retain a copy, in order that I might write to the Superintendent and inquire what had occurred. My right hon. Friend consented; and, accordingly, that evening I enclosed the notice in a note to the Superintendent, Admiral Symonds, asking for full information. I was pleased to hear my right hon. Friend give Admiral Symonds credit for being above acting on any political consideration whatever. I got a letter next day from the

Sir John Pakington

[Laughter.] Hon. Gentlemen no doubt think it very diverting; but I believe they will see that the course which the Superintendent took was the best for the public service. He goes on to say

"Where they saw the parties applying by Speaker's warrant, and were perfectly uninterfered with by their own officers. You have everything I can think of.—Yours faithfully, "T. M. SYMONDS."

And the Admiral makes a remark at the end of the letter which I commend to the attention of hon. Gentlemen on both sides of the House. He says

"Is not this much in favour of disfranchising dockyards ?"

On inquiry at the Admiralty I found that my noble Friend the Duke of Somerset had received a letter, which I will read to the House. It is dated from 43, Parliament Street, the 20th of February, and is from Messrs. Travers, Smith, and De Gex

"We have the honour to inform you that a petition has just been presented against the return of the sitting Members for the borough of Devonport. A large number of the witnesses who will be required to attend on the Speaker's warrants are employed in the dockyard, and the hours of

their attendance are very long. It would not be work for more than a few minutes in the case of necessary that they should be disturbed at their any witness, but it would be a matter of very considerable inconvenience and annoyance to the men, as well as of the utmost possible difficulty to ourselves as agents having the conduct of the petition, if it were necessary to find them at their

own residences after the hours of work. Under

these circumstances, we have to request that we tion to such a course being taken by the Demay be favoured (should there not be any objecpartment) with a letter addressed to the Port Admiral requesting that officer to afford our chief clerk facilities for serving the Speaker's warrants hours of work for that purpose. We believe we in the dockyard, and seeing the men during

are not wrong in saying that in an analogous case pending before the courts of common law where it would be necessary to serve a subpoena this facility would be given. We may mention that the Speaker's warrants went down by special messenger this morning, and we shall, perhaps, under these circumstances, be permitted to beg that our request may receive immediate attention.-We

faithful servants,

have the honour to be, Sir, your very obedient and I believe upwards of fifty men were taken away from their work for an average of about an hour and a half. I lament

"TRAVERS, SMITH, and DE GEX."

The Duke of Somerset upon this sent the following telegram to Devonport yard:

"Every facility is to be given for serving the Speaker's warrants on workmen in the yard, in the case of the petition against the sitting Members at Devonport."

That was the telegram, and a letter to the same effect was directed to the Admiral

equally with him that such a proceeding was necessary. On the 22nd the same persons requested "the attendance of the under-mentioned dockyard men at the sailroom of Her Majesty's Dockyard; " and again on the 26th they asked for a certain number of men. Now, I will appeal to the House whether the Duke of Somerset

Superintendent by the same night's post. could, on the representation of those perNow my noble Friend (the Duke of Somer-sons that they were armed with the Speakset) is a man who, as every one will admit, is known to be extremely fair. The letter is dated "Admiralty, Feb. 20, 1866," and is as follows:

"In confirmation of my telegram of this day, their Lordships desire that every facility may be afforded for serving Speaker's warrants on workmen in Devonport yard, in the case of the petition against the sitting Members for Devonport. By command of their Lordships,

"W. G. ROMAINE."

er's warrant, refuse to give them access; and if that be so, whether it was not

his proper course to order the Superintendent to give them facilities; and, again, whether it was not better that the Superintendent, having the names of the men given to him, should direct them to go to the sail-room-a large empty room-than to have the lawyers' clerks go into the workshops and disturb the men while they were at their work, in order to take the The Duke of Somerset considered that evidence of the men? I can only say, in there were two dockyards against the conclusion, that the same course which has Members for which there were petitions been pursued at Devonport will be followed pending, and he decided that the pro- at Portsmouth, where also, unhappily, per course was to give the Superinten- there is a petition pending; but I think it dents directions to afford facility for in- is a matter which both sides of the House quiry. Now, Sir, I understand that your should consider whether the workmen in warrant has access to all public establish- the dockyards should be disfranchised ments, and the fact of these Parliamentary or not. agents applying was a mere matter of courtesy, as they had a perfect right to enter the dockyards with your warrant every hour of the day. And the Superintendent had either of two courses to follow -to allow these persons to go into the workshops, disturbing the men and causing a certain degree of excitement, or to ask the names of the men and the hours at which they were wanted. The latter was the course which the Superintendent took. He desired that the names of the individuals wanted should be sent; and instead of allowing the clerks of the Parliamentary agents to disturb them in their workshops, he directed that the men should be sent to the same spot. That such was the course which was taken will be seen from what I am now about to read. The persons armed with the Speaker's warrant wrote on the 21st of February to the Superintendent to say

"Sir, We have Speaker's warrants to serve on the following persons in the matter of the Devonport election petition."

Then follow the names. My right hon.
Friend is perfectly right in stating that

VISCOUNT CRANBOURNE: The latter part of the noble Lord's speech appears an anticipation of a proposition which we are to expect on the 12th of March. I think it will be convenient to defer the consideration of that question until we have arrived at the much wished-for day. Coming, however, to the subject immediately before the House. I do not know whether the answer given by the noble Lord to my right hon. Friend's Question will be considered by the House as exceedingly satisfactory. I confess for my own part, when I hear any person accused of a particular charge praised for his excellent character, I am inclined to think that there is nothing else to be appealed to; and, therefore, when the character of the Duke of Somerset is praised by the noble Lord-a course which is universally adopted at the bar, but never when any other course is open to the defence I think the noble Lord misapprehended the real nature of the charge made against the dockyard authorities. There is no doubt, Sir, that your warrant has access to all the dockyards, and if these workmen had merely been assembled

And if the case rest on

perjured evidence, the responsibility will lie with those that have illegitimately assisted in procuring it. I am sorry this way of putting the question is so distasteful to hon. Members on the Ministerial side of the House, but I will test their opinions in this way: I will ask, do they suppose that, if the Portsmouth Election Committee had come first and Devonport afterwards, the electors of Portsmouth would have been taken into "a quiet part of the yard," and that the Conservative attorney would have been allowed to cross-examine them? If the noble Lord will answer me that question in the affirmative, I will give him credit for great presence of mind. [Lord CLARENCE PAGET: I did not hear the question.] The question is this-Supposing the Portsmouth election case had come first, whether he imagines that a similar telegram would have been sent down to that port, and the electors gathered into a quiet corner of the yard to be crossexamined by the Conservative attorney?

LORD CLARENCE PAGET: I believe the same course would have been pursued.

together and the warrant placed in their | Government.
hands, no human being could have a word
to say against it. But what really
happened was this-The counsel for the
petitioners were given a facility for getting
up the case for the petitioners during the
time when these workmen were earning
public money, and under the sanction of
officers to whom these men look for their
daily bread. I want the House to imagine
in what light the workmen looked upon
the attorneys' clerks who were authorized
to subject them to a hostile examination.
They were summoned by their own autho-
rities, they were taken to "a quiet part of
the yard," and a gentleman came forward,
called them out in an authoritative manner,
and subjected them to a cross-examination,
which no one had a right to do except in a
court of law; and, as I understand, two
policemen were actually employed to enable
them to carry it out. Now, this House has
always shown the greatest jealousy of the
interference of executive Governments in
the conduct of an election. We know how
these things are done in France; and the
spectacle of what goes on there has per-
haps sharpened our zeal to prevent any imi-
tation of them on this side of the water.
Therefore the slightest expression of pre-
ference for any candidate on the part of
any officer in the employment of the Exe-
cutive has always been looked upon by this
House as deserving of censure. The House
will recollect the deep censure that was
passed on an officer of the Admiralty, be-
cause he was seen in company with a can-
didate for a dockyard constituency. But
this case is at least equally bad-it is tak-
ing distinctly the part of one of the candi-
dates, and every man in the dockyards
must know that they to whom he looks for
support are plainly aiding those who desire
to upset the case of those who sit for the
borough. But this is not the gravest part
of the matter. Supposing the evidence of
these men to be true, I think the case is bad
enough; but, supposing it should turn out
to be false-supposing it should appear
that some of these men, having been sub-
mitted to this sharp cross-examination
under the sanction of the Admiralty, come
and give perjured evidence to the House
of Commons, and this be afterwards
proved-what do you imagine the public
will believe, and what will they have a
right to believe? Why, that some subordi-
nate officer of the Government has been
engaged in suborning evidence for the pur-
pose of ousting a Member opposed to the

Viscount Cranbourne

VISCOUNT CRANBOURNE: Well, I will keep my promise, and I give the noble Lord credit for the utmost presence of mind. Is there any other virtue you would wish me to ascribe to him? I do not wish to pursue this discussion further. I hope, however, that the Election Committee upon the case will take into their serious consideration the statements that have been made this evening, and will consider what weight they are to attach to the evidence sent up to them by the electioneering agents.

MR. LOWE: I entirely agree with the noble Lord who has just sat down (Viscount Cranbourne) that an impropriety has been committed in this case. It is quite clear to me it was not right that these men should be cross-examined by the attorney for the petitioner in the dockyard, and in the manner described, because they must necessarily have felt that they were under duress to answer questions which it is not likely they would have answered if put to them in their private houses. Looking at the matter fully and fairly, it is quite clear that the question we are really concerned with is, not whether the clerk of the petitioners may have been a little over-zealous in pressing this matter, and have availed himself to the utmost of the advantages he obtained, but whether any serious blame or discredit rests upon the authorities by

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