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SC: And we know why you’re “not playing”. Because you know the answer to my two questions is “YES”. ...
SC: I am not questioning the law as it stood in 1807. ...
... Until I pointed out to you that such a post election payment, if a 'prior promise' had been made and proven, would make the payment illegal. ...
... THAT IS BRIBERY. PERIOD.
In the ensuing debate several M.P.s declared themselves unconvinced that bribery and corruption had prevailed at the Hertford election – it was not illegal for an M.P. to distribute ‘vote-money’ after an election to those who had voted for him. ...
SC: Vyse was the candidate. He was responsible for his election. The buck stopped with him. ...
Because, Hooke, the simple truth is this. ...
... We know for a fact that Vyse PAID CASH FOR VOTES. That is what Joseph Hind actually attested to at the Beverley Bribery Commission in 1869. That is what Vyse DID according to this witness at that 1869 inquiry. ...
[Minutes of Evidence taken before the Beverley Bribery Commission]
[Joseph Hind, examined by Commissioner Barstow on 13 September 1869]
[p. 393]
24,063. (The witness.) I should like now to explain to the Commissioners the custom which has prevailed with regard to this payment of money. I do not know whether they understand it or not. It has been customary for generations past. I hold in my hand a book of the date of 1807 containing a list of all the persons paid at that election. I should like the Commissioners to know this for the sake of the credit of the borough, as questions have been asked of different witnesses as to how it happens that this system prevails. On the first page of this book there is an entry, “Paying Capt. Vyse’s voters, 16th June 1808 [sic], R. Dalton.” Out of 1,010 who voted for Capt. Vyse it appears from these entries that only 78 did not receive money. For a plumper the amount paid was 3l. 8s., and a split vote 1l. 14s. There are several persons who did not vote, for a very good reason, for some of them were in prison. At that time they used to pay wives, grandfathers, grandmothers, uncles, aunts, and everybody connected with them. So that many of these freemen have drunk in the system with their mothers’ milk.
24,064. (Mr. Barstow.) What is the authority for these numbers?—It is in the writing of Mr. Frederick Campbell, one of my predecessors and afterwards mayor of Beverley; it is partly in his writing and partly in the writing of Mr. Bland; and it is added up in the writing of another of my predecessors, Mr. Atkinson. Mr. Bland was another leading gentleman in the town. You will see that there were several persons paid who did not vote. In fact the system was universal. Everyone took the money. It has been handed down to the present time, the principle of it. I am not mentioning it for the purpose of justifying it, but merely that the Commissioners might have a little consideration.
... The question of a prior promise is irrelevant as is the fact that Vyse made the bribery payments after the election. ...
... Councillor Hind presents to this inquiry how Vyse's actions in the 1807 election were an example of how the "customary payment" for votes was done and how far back this electoral corruption in Beverley went. And why would Vyse have needed to pay the voters of Beverley? Because they were corrupt and expected the payment, as the inquiry learned:
"...it was well known in Beverley that without expending money in corrupt practices no candidate would have the slightest chance of success." - Great Britain House of Commons, Commissioners Report: Elections Beverley Vol 18, p.12
From the evidence of Mr. J. Hind, of Mr. Daniel Keane, and others, we have come to the conclusion that not less than four fifths of the persons who voted for the Liberal candidate in July 1865 were bribed; that from the commencement of the canvass it was contemplated by the candidate and his friends to have recourse to bribery, as it was well known in Beverley that without expending money in corrupt practices no candidate would have the slightest chance of success.
Lest anyone make the fatuous suggestion that serpent-in-the-garden Vyse introduced this “custom”, the Victoria County History already cited shows that electoral bribery went back much further than 1807, with the treating of voters “a well established custom by 1722”.
And if they all expected to be paid for their vote and Vyse then obliged them, then Vyse is as guilty of corruption as they are.
Vyse perpetrated electoral fraud in the UK General Election of 1807. You can deny it to yourself all you want but it won't make it any less so.
"On the first page of this book there is an entry, “Paying Capt. Vyse’s voters, 16th June 1808 [sic], R. Dalton.” Out of 1,010 who voted for Capt. Vyse it appears from these entries that only 78 did not receive money. For a plumper the amount paid was 3l. 8s., and a split vote 1l. 14s."
originally posted by: Scott Creighton
a reply to: Hooke
It was Vyse's election. Thus Vyse's responsibility. Vyse's corruption. And Vyse's electoral fraud.
H: At the time of the 1807 election, Vyse - in common with most other electoral candidates - followed what was then standard practice.
H: Despite the subsequent petition by Staples, his election was not voided, and he was never convicted of breaking any law.
originally posted by: Flavian
a reply to: Scott Creighton
It was 1867 that this started to change, not before.
It was against the law of the land in 1807 for anyone to pay cash (or receive cash) for votes at a UK election. Period. Vyse paid cash for votes in 1807. Vyse broke the law of the land in 1807. Period.
... a distribution of money after the election, unless coupled with an act done, or a promise made before, however it may induce suspicion [my emphasis], will not raise a presumption in a court of justice; ...
originally posted by: spiritualarchitect
Aren’t we are talking about the same Howard Vyse who brought a coffin into the third Giza Pyramid? A coffin from over 2,000 years after Menkara even lived.
The same Howard Vyse that had the coffin filled with bones from someone who had lived in the Christian era? The same Howard Vyse who put the two together and claimed it as his archaeological find?
A voter is said to be bribed, if he “shall ask, receive, or take any money or other reward, by way of gift, loan, or other device; or agree or contract for any money, gift, office, employment, or other reward whatsoever, to give his vote, or to refuse or forbear to give his vote.” Such is the definition which is given of bribery in the stat. 2 Geo. II. This statute, however, did not alter the law, otherwise than by affixing to every distinct criminal act cumulative penalties. (Vide this Act, App. 2.)
‘inchoate’
adjective
1.
just begun and so not fully formed or developed; rudimentary.
"a still inchoate democracy"
2.
LAW
(of an offence, such as incitement or conspiracy) anticipating or preparatory to a further criminal act. (My emphasis).
originally posted by: Flavian
a reply to: Scott Creighton
That is all just semantics though, isn't it?
He was either charged and convicted or he wasn't. And if he wasn't, then any allegations are simply either hearsay or spurious claims - not proof of guilt. That is the very premise of law, innocent until proven guilty.
You are back to your Sudbury defense. And you ignore my earlier comments on it. ...
... From your Sudbury Case:
As you pointed out earlier (although you left out the opening sentence):
… I think we may safely discount your “expert” legal opinion in this post also.
H: It’s not a defence, Scott. It’s a textbook reference on how the law was interpreted circa 1805.
H: …we find that the case concerns an election also in 1842, long after the one of which Simeon (1795) and Peckwell (1805) wrote. Sorry to have to tell you, but the discussions and decisions of Select Committees in 1842 tell us nothing about how the law was interpreted circa 1807.
”…a contract is not so essentially necessary to bribery as is represented. It is next to absurd to talk of a contract where there could be no binding force annexed to it, which would be the case with a contract for the sale of a vote. There cannot be a legal contract where the subject of the contract is in itself illegal. Moreover, the definition given in the statute, which has been quoted, does not make a contract essential. The words of the statute are, “if any person having or claiming to have a right to vote shall ask, receive or take any money or other reward by way of gift, loan, or other device or contract for any money, gift, office, employment, or other reward whatsoever, to give or forbear to give his votes, &c.” The statute consequently contemplates two cases, the one where there is an agreement, the other where there is none, like the present case. It is clear that any understanding is sufficient without any contract.
H: Not sure what your point is here…
"...it was well known in Beverley that without expending money in corrupt practices no candidate would have the slightest chance of success." - Great Britain House of Commons, Commissioners Report: Elections Beverley Vol 18, p.12