Bygones Worth Remembering, Vol. 1 (of 2)Holyoake, George Jacob
Philosophy
Bygones Worth Remembering, Vol. 1 (of 2)
Holyoake, George Jacob
Holyoake, George Jacob, 1817-1906; Social reformers -- Great Britain -- Biography; Working class -- Great Britain -- Biography
The character of Baron Bramwells remarks--the impediments he must
well know he was putting in the way of any prosecution for bribery in
Berwick; the words by which he sought to intimidate the prosecutors
by holding them up to public ridicule--the language of the petition
appropriately characterised. Baron Bramwell could not be ignorant of
the great expense which had been incurred in taking legal proceedings
against the persons accused of bribery and in collecting evidence long
after the time when the acts of bribery occurred. Such evidence is
expensive to collect at the time, and much costlier at a later stage.
After obtaining witnesses it was necessary to protect them from being
spirited away at the time of the trial--no uncommon occurrence in these
cases. Many hundreds of pounds must have been spent before the case
reached the stage when Baron Bramwell was appealed to by the accused to
put obstacles in the way of the charges against them being tried. The
penalties recoverable under the Act would not have covered a tenth part
of these costs. Those who appealed to Baron Bramwell for protection knew
perfectly well, as all Durham and Northumberland knew, that any costs
they might be able to claim against Mr. Reed would be met. Baron
Bramwell, by the remarks he uttered and the order he made, aided and
abetted the bribery, and protected those who committed it. The Baron's
observation that "men of property would not be likely to trouble
themselves" to put the Act in force against electoral corruption, was
true and significant. The "men of property" were they who profited
by it; and if any man of property had justice and patriotic spirit
sufficient to prosecute bribers, he was certain to incur annoyance and
loss, and subject himself to offensive comments such as Baron Bramwell
made. It was the duty of a judge, to whom the Act gave discretion, to
use it in favour of public purity, and not to favour public corruption.
Though no other judge behaved so flagrantly ill as Baron Bramwell, there
were few who could be trusted to render justice to Reformers.
The Tory judge, Baron Bramwell, sneered away all chance of a just
verdict, and Mr. Joseph Cowens noble effort to vindicate electoral
purity cost him £2,000 and whatever obloquy and derision the venomous
tongue of the judge could heap upon him.
Let men beware of principles which render corruption congenial--and let
them honour the memory of those who made heroic sacrifices for electoral
integrity.
*****
It is happily exceptional when political partisanship perverts the sense
of justice in a judge. Sometimes the sense of truth, characteristic of
Liberalism (for it is not worth while being a Liberal unless it implies
the ascendency of truth) is perverted by political exigency or obscured
by excitement. An instance of this occurred where it was little
expected.
II.
Public-domain text, read in full here on John Shaqi.
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