qualified than myself apply it. If it should be held that I have in any way, however slight, offered some feasible suggestions for the successful grappling with this difficulty, how much more readily may it be conceived to be within the grasp of the collective wisdom of Parliament ?

In the Bill, I have endeavoured to answer effectually the questions suggested above. In clause 4 I attempt to define canvassing by an exhaustive enumeration of the acts which constitute it. This is probably the most difficult part of the task, and it is this part of the Bill that most needs attention and criticism. It would have been far easier to have declared canvassing abolished; but that seemed to be to shirk the question-to impose upon the Courts the proper work of the Legislature.

The point from which I have attacked canvassing, is not from what the person canvassed does, for there may be canvassing without the action canvassed for being consummated; nor yet merely from what the canvasser does, for then it were difficult to distinguish acts that do not require to be prohibited from those that do, and it is from this point of view that those who cry impracticable always regard it. Take, for instance, this statement by Mr. Agar-Ellis (Times, 22nd April, 1880, p. 12, col. 4), that "public speaking is simply a collective canvass!" It is from what the canvasser requires the canvassed to do that I have endeavoured to grapple with the difficulty. The whole principle consists in this, that whilst, on the one hand, a voter shall not be prevented from voluntarily promising his vote, or stating for whom he intends to vote, being left perfectly free to do so or not, just as he pleases; on the other hand, no one shall be allowed to interfere with that freedom in the smallest degree, as by asking him to promise, which promise, should it comprise no further influence, may yet prevent him changing his course of action, should he be

led to change his views. And thus any charge of infringing individual freedom seems to me to be at once disposed of.*

The next step, after defining the offence, is to apply a sanction sufficiently strong to induce compliance with the law in order to escape the penalty, rather than by committing the offence for the sake of the advantages it offers to run the risk of incurring the penalty. To ascertain an appropriate and effective sanction, we must inquire what are the motives, or the desires, or the advantages sought, which induce the individual to act contrary to the proposed law, and then apply sanctions sufficient to counteract such seducing motives, and to induce him to act in accordance with such law. Let us take as an instance of the way in which an appropriate penalty is to be aimed at, section 5 canvassing by the candidate. Here the corrupting motives are all those wishes which go to make up (not to subdivide further) the desire to write M.P. after his name. We at once set off against this as a tutelary motive the fear of having the election rendered void (section 1). And since the duration of the anticipated good is the length of that Parliament, the evil is made of as long duration (section 2). But the evil is wanting both in certainty and proximity-it is uncertain whether the election will be avoided though corrupt, for it may be that no one will petition, &c., and the being elected is the main consideration, while the possibility of its being avoided is a subsequent affair, and should the candidate not be elected, the offence would be incapable of punishment unless some further penalty were added. The punishment must accordingly be increased in quantity or magnitude, in order to counteract this double deficiency. For this end, as well as from other considerations, the penalties of section 4 are made to apply to every person. Moreover, the second of

Is not, however, the "individual freedom" of the candidate here infringed ? -ED.

these clauses is intended to have the effect of reducing the want of certainty of incidence of the penalty, by making it the interest of others to assist in maintaining the law by informing against offenders. By the same method the other penalties should be arrived at.

Before coming to the Bill, I will offer a few words by way of further explanation.

Preamble.—I have adopted a preamble in order, as Bentham would say, to form the moral sanction, or by branding the practice, for weighty reasons concisely summarised, with the disapprobation of the Legislature, to induce public opinion-which would be the most effective preventive-to follow in the same wake.

Clause 2.-A similar duration to that of other election Acts as extended seems advisable. And here I will take the opportunity of stating that though I believe such a measure as suggested would be beneficial, that is not in my opinion. the best way of dealing with the evil. The whole body of election law requires to be dealt with as such.

The few scores of statutes require consolidating, many of them (e.g., the Ballot Act) require to be amended and made to work harmoniously one with the other; the product would then be capable of being considerably reduced in bulk. Moreover it would seem necessary to extend the remedy to municipal elections, but from a regard to conciseness and clearness I have limited the scope of the Bill to Parliamentary Elections.

The principle of the Bill is shortly as follows:

Clause 3.-Several frequently recurring terms having for the sake of brevity and perspicuity been defined,

Clause 4.-Proceeds to render certain acts therein enumerated offences involving liability to certain penalties, by whomsoever committed, and

Clause 5.-Adds still further penalties to such acts when committed by a candidate. A proviso exempts from the

penalties against undue influence all such acts as have for their object the legitimate end of convincing the judgment; and canvassing is made to come within the Acts regulating election petitions and proceedings to recover penalties.

Clause 6.-Renders canvassing ineffectual by striking off a vote for every canvassed vote.

Clauses 7 and 8.-Constitute the paying or receiving payment for canvassing bribery within the Act dealing with that offence.

Clauses 9 and 10.-Deal with certain special cases of evidence.

The Bill might have been drawn more concisely, but from a desire to render it as free from technicality and as intelligible as possible, as well as from a regard to the advice of Sir Henry Thring, I have sacrificed brevity to clearness"Law," says the Parliamentary Counsel, "is made for man and not man for law; it is too often forgotten by lawyers and draughtsmen that the greater number of Acts of Parliament contain rules of conduct to be observed by illiterate persons and to be enforced by authorities unacquainted with technical language."

44 & 45 Vict.]

A BILL INTITULED

THE CANVASSING ABOLITION ACT, 1881.

WHEREAS the practice of canvassing at Parliamentary Elections is burdensome to candidates, debasing to electors, an infringement of the principles of the Ballot, and a covert for corrupt practices, and it is therefore expedient to abolish such practice:

Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

1. Short Title.-This Act may be cited as "The Canvassing Abolition Act, 1881."

2. Commencement and Duration.-This Act shall come into operation on the 1881, and shall continue

in force until the

3. In this Act

day of

Definitions.

"Agent."-The term "Agent" means any person engaged by a candidate to canvass for him, or whose canvassing has been sanctioned by a candidate, or any person being the wife or child or parent of a candidate, or any person proved to have been an election agent.

"Candidate."-The term "Candidate means any person elected to serve in Parliament at an election, and any person who has been nominated as, or declared himself a candidate at an election.

"Canvass."-The term "Canvass

acts enumerated in section 4.

means to do any of the

"Canvass-book."-The term " Canvass-book" means any note or memorandum of not less than three acts of canvassing. "Do."-The term "do" includes to forbear from doing. “Promise.”—The term "promise" includes to bind oneself in

any way.

"Vote."-The term " Vote" includes to abstain from voting. "Voter."—The term "Voter" means any person who has, or claims to have a right to vote in the election of a member to serve in Parliament.