is a proof,) and his calculation was acquiefced in by Cator; the 2000l.must neceffarily be for fome unlawful expences, because no fecurity could be wanted for the lawful ones; they are recoverable by law. If every one of the out-voters had travelled to Ipswich alone, and in the most expenfive manner, the expence could not have amounted to half the fum which he required; thirty-feven of these (the Harwich voters) might be carried there and back again for a fhilling each, and most of them actually took this conveyance; none travelled more than eighty miles, and only fifty-seven a greater distance than fifty miles.

It is faid, that when the bill, which paffed the House of Commons in the last Parliament, for preventing bribery at elections under colour of fuch payments, came into the House of Lords, it was opposed very ftrenuously by a great Law Lord in that affembly*, who declared, that the law, as it stood, wanted no fuch new prohibition; that all fuch methods of evasion were illegal and corrupt; and, as to the

*Earl Mansfield,

alledged

alledged difficulty of conviction, his lordfhip added, Whenever you find me the facts, I'll find the law for them (C).”

In short, the depofit, as it has been applied, must be confidered as a general direction to the candidate's friends to use it according to their discretions; his subsequent approbation of their abuse of it, makes him a party to thofe abuses. It is plain, that the name of compenfation for lofs of time, now given to these gratuities, is colourable only; in every case it far exceeded any fuch real compensation, and in none was it given upon an estimate or inquiry; the lofs of time to the Harwich voters, was but one day at the utmost.

It fignifies little, that there is no direct evidence of general expectations being given of a future gratuity, because hints of this fort may be,and generally are given with fecrecy and perfect fecurity, and many of the voters declared they did expect it; one of the men employed to canvass did actually promise a gratuity to a few, whom he canvaffed; here then is reasonable ground to believe, that they had fome foundation

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for

for their hopes. It cannot be expected

that fuch clear and full evidence can be produced in cafes of this criminal nature, as in cafes of civil contracts; in them, there is no occafion for any concealment, and all the circumstances are easily discovered; but it is not fo, where it is fo much the intereft of the parties concerned to tranfact their affairs in fecret.

Befides, the tendency of the present inquiry before the Committee is not like that in an information or indictment for bribery, or an action for penalties, in which the rules of penal law require more ftrictness of proof; the prefent object is only the validity of the feat acquired by Mr. Cator. It is a rule of evidence, that the acts of an agent shall affect his principal even criminally; i. e. they raife a violent prefumption against him, and if it is not rebutted by contrary evidence, it ought juftly to be conclufive*; he may have

*Such, for inftance, is the cafe of a bookfeller's fervant felling a book, for which, the mafter may be in dicted for publishing a libel, if the book fhould happen

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have the benefit of the agent's evidence to explain his acts; But in this cafe Mr. Cator does not call any of thofe whom he employed in the election.

If more evidence fhould be required by the Committee than has been produced, all the laws for the purity of elections will be rendered useless, because, in such case, corrupt plans of election may be fecurely carried on, if the authors will but guard them with a little outward covering, or femblance of propriety *.

With refpect to the treating, it was notoriously carried on in the borough of Ipswich; there was in London likewise a treating, directly contrary to the act of Parliament. This is endeavoured to be juftified in two ways, First, As not being by the orders of Mr. Cator; and Secondly, As not being done in order to gain the election, because, when it happened there

to have a libellous tendency; the fale by the fervant is evidence of the mafter's affent, and becomes conclufive if not contradicted. See Almon's cafe, 5 Burr. 2688.

* I remember to have heard a learned Judge tell a jury, that "they ought not to expect evidence of the light of truth in deeds of darkness.”

was no danger apprehended from a contest. But orders for treating the London voters were given by Mr. Cator's agent, and he paid the bills of all the inns where meat and drink had been given, without objecting to any article in them; they were be fides paid out of the fund intended expressly for the purposes of the election; this ratification of the acts of the publicans, connected with the orders that were actually given, is evidence of an antecedent authority to them; in the inftance proved of his forbiddance of liquor before the election, the bill for expences contrary to this order was paid by him without objection or question. The difficulty of obtaining more complete proof in fuch cafes, fuggested to the House the terms of the standing order of 21ft October, 1678 *, “by himself, or by any other in his behalf, or at his charge, &c." (D) which in 7 & 8 W. III. 4. f. 1. are thus altered to be more comprehenfive, "by himself, or themselves, or by any other ways or means on his or their behalf, or at his or their charge, be

ch.

* 9 Journ. 517. and 2 Doug, Elect. 404.

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