Star. — London, England, 1804-08-10 00:00:00

MIDDLESEX tLECTION. . This ftroggle of parties, which has cauted Co much anxiety and confulion tor the tail fifteen day., and which was Waved on Wednefday night would ter mimic in favour of Sir FR•IICIS 130/DSTT, was yef terday decided in favour of Mr. MAIIIWARING, who . was declared duly elelied. It is ou r with to p ut the public is pufellion of the curious hilicry of the clofe of the poll, and of the circumilances that have fince occurred, with the mutt rigid fidelity. Our Readers mull know that the Committee of Mr. Matsweatact have been accufed by the friends of Sir FRANCIS Biotin with *alio& indite; imi stately to all votes tendered for Sir Paellas in the afternoon of each day's poll, in a hope that if they could tloreby prevent the examination till four o'clock, the vote would be bolt for that day, and the are-holder would not be again brought up. As the 1 hutinefs will be fubjefted to the invefligation of a Com mittee of the Houle of Commons, we (hall forbear to give any opinion on this accufation , and (ball there fore confine ourfelves to the following Ratement : On the Lift day of the poll, the Counfel for Sir Tease's Buttourr demanded an anfwer from the Sheriffs as to the line they would porfue repelling the deferred votes. Mr. Put:Kea *and Mr. Ctirscuto. • the Counfel for Sir Fi•octs BURDI rr, were of opi nion that all votes tendered on the poll, for the one or the other Candidate, muff be decided before the numbers could be declared ; but defirous of keen ing the opinion of the higheft legal authority in England. Mr. t stsrosto wrote a letter from the Hllltirtgs to his friend the Honourable THOMAS EIIIIEINS, flatihg the c ice, and to which be obtained an antwer on the indent. We have bees favoured with a copy of this coircfpondence, and though in its nature it was not meant for the public eye, yet we troll Mr. ERSKIN a will forgive us in a moment of fuch . intereft to the public peace, to make known an opi • Sinn which is calculated t o reconcile th e Freeholders .i . of Middlefea to the e v e n t which has taken place, in the confidence that their rights will be ultimately eftablifhed by the proper tribunal. i . 1 CORRISFOSIIIIICI SITWIIII Mt. citesostp AHD MR. • • RISIIIIII. 011 WRIMIIISDAY, AUGUST 8. li ••_lllll DRAM sessots. " By 25 of the, king. chap. 84, felt. r, it is malted • That the returning officer or officers at every elec . 6 don (hall immediately, or oil the day and ear thrjoid I ditfr of the poll, tray , fairly, and publicly declare 4 the name or nameeof the perfon or perions who • have the majority of votes. and &all forthwith • 4 .,,asake a return of loch perfon, &c. unless ficrutiny • be demanded.' " 1 with your opinion dreilafiy on this point :—As many votes objelted to will be undecided at the final dote of the Poll, is or is not the Sheriff bound in duty to decide nn their cafes if they tender before three 1 o'clock, before he ran declare • oaf, and fairly' who' has the majority of votes. provided it can be done before twelve o'clock to-morrow night ? Runty. " Yours finceiely, mamas' CLIFFORD." " peal csaroso, " It appeals to me, that if perfons have tendered themfelves to he admitted to vote for any of the cantfi- 1 dew during the legal continuance of the Poll, and the Sheriff has not rijated them. but has put them afick for confideration, he ought to decide upon their rights, by admitting s.r rejelting them before he makes his return, as far as the time prefcribed by the Alt of Parliament will reafitnably admit. But, as I give this opinion upon the fodden, I would neither be bound by k alien - Deo think it louden' in you to aft upon It, mkis our friend Piu Ilia and you youtfelfconcur bit. . 4 I prite this, of enurfe, to you private', bectecfe, as a Member of the Houfe of Commons, I am not at Ilbesty to give any public cr prnfeffinnal opinion upon a matter which may come before me in judgment. " Yours very fincerely, Anon 8. " T. wales." " sta. " In this opinion of my Learned Friend, Mr. Pcnseas and I perfealy coincided, and forthwith aai ad upon it. I am, yours, kr. "H. CLIFFORD." Mr. t's.truse and Mr. Cumin made application to the Shei ill's ; and at the fame time Mr. HASA TOWIISH can and il her Freeholders delivered to them a written paper, formally demanding that votes, re• guletly tendered for the t ne or the other Candidate, and Co enteted on the poll books, Ihould be decided on berme the tied iration of the numbers. This hap pened during the pelt ; and this demand was further drengthened by the peremptory demand of leveret voters, at the initan• of tendering their votes ' that their claim thould be f o r thwith decided on. Upon this rcquifirion the Sheriffs made an open public de claration " that the votes name, tendered on the poll bah " fix the one or the other Candidate florid be examined and " derided on befixe the dee'aration V tbefusal members, po " vied they came round in perfon to their box to! " fubllantiale their claims."—Upon this affurence feveral Freeholders did acquiefee, and went round (rum the poll book , to the Sheriffs' box. And th:s declarati-n alit+ fa•isfied Mr. PLUME'S and Mr. CUT. 1.1&D. The pill went on, and between 40 and so votes tendered in the cootie of the lad three hours were thus deferred. We 111411 not for the prefent de tain our readers with dating other circumdances of iutertuption tha't , ok place. We come now to flare, more accurately than in yedelday's paper, the eiteumflances of the elofe of the pt , ll, and of the adjotunnsent of the deferred de eifioiii. We hare limed, that confuierable variance app. at et: in the numbers a, they flood in the different ho ks. The bid notice given to the furrounding tr ultitude was by a board flack up on the hudings, with the words auantrr 161130111TY- 1 1 0 . And, as we have already Rated, this was inftantly communicated by carrier pigeon., by horlemen, and by tekgraphic lignals to every part of the County, nay, to es cry part of the kingdom, It was f,•1111d, however, that this number was erroneous ; but what ever the numbers might be, the Sheriffs declared that .hey mud prefierve their faith with the Freeholders, and that they would not declare the numbers till the tendered voles &odd be ex wi ;eel and decided on. st nu mber of , hole deterred voters were prefent, and demanded the examination. Mr. OMIT i.OS Pl. C. unfcl for Mr. 14•111WARIPO, in an argt.n.cot of an hour and a half, objetied to ..his cow fe, amd contended that nothing could be dune after the hirnr of three o'clock. The Sheriffs, by the ' advice of their Affeffor, Mr. Ksowcys, determined to examine the right of all the perfons who were then prefent, and who Humid antwer to their names,whofe votes bad been atlually tendered and put on the books. • Accordingly, the names were called aloud on the boiling:. The multitudes were immenfe. and amidil the acclamati , ns of fo many thoirfands, it was hardly poffible to hear the names as they were called. About 30 only, out of a much larger number eau ally in wailing, anfwered to their names, and fub fcribed a paper relented to them by the Sheriffs, and were then tent out, but &tired to wait, that they might come up each in his turn, when fummoned. —Of thefe 30, but 19 were decided on, the reft not being able to get up again through the crowd and contrition at the entrance. The decals was as fol lows was rep:Red ; 3 whore names ha I been put down were allowed to tender fo as to entitle them to petition, but whofe votes they could nut reckon. Of thefe 3 tendered for Sir F. BURDETT, 1 for Mr. MAINWARIND. . I were declared good tenders for Sir FRANCIS Boa- MIT, and of thefe to having taken the oath, were put by the Sheriffs on the poll. t after be ing declred a good vote, went away by millake without taking the oath, and therefore he was not put on the poll. 4 were allowed to poll for Mr. MAINT/All.O, and were put on the poll. In confequence ofAhefe decifions it now appears that the poll flood on Wednefday evening as follows: At three o'clock the numbers on the Sheriffs' poll ftood— For Sir FRANCIS BIADETT 2823 Added on examination by the Sheriffs so For Mr. MAtewsettto 2818 Added by the Sheriff,. 4-3832 Majority for Sir F. BURDETT 1 Such was the Rate of the poll at (even o'clock on Wednefday evening. when the further proceeding was adjourned till tune o'clock on Thurfday morning. THURSDAY, AUGUST 9. This morning, at nine o'clock, purfuant to the ad- Imminent yefterday evening, the Sheriffs attended at their court on the huffily. Mr. TEDDY, one of Mr. MAINWARIMO'S COOMPCI, offered to the Sheriffs a protell, figned by Mr. MA lII WARING. Sir William Gibbons, Mr. Rae, Mr. Mel-, lilh, and Mr. John Bowles, againa the decilionmade by them yefterday evening, In favour of receiving filch of the votes entered on the poll-books, as ten dered for either of the Candidates, fo far as the fame fhould be fuMkantiated on a due inveffigation, ahedg in that the Sheriffs were bound, by the Eleaion Law oithe zsth of his prelent Majeity, to declare upon the numbers as they Rood nn the poll-books, at the final dole of the poll at three o'clock yellerday, and make their return accordingly. Mr. PLUMFR, on the part of Sir FRARCIS BURDITT, objeaed againit the reception , of thSs protett, upon the ground that it called upon the Sheriffs to refcind a decifion which they had declared yefterday, after a full heating of Counfel on both fides; upon which decifion Mr. MAINWALING'S Counfel had themfelses aced for their Client, as well as the Counfel on behalf of Sir Fasircis Built:lEl'T : that three of the objetted votes on the pact of Mr.Matawsairto had been eftab lifhed in cortlequence, and t t of the rejeCted votes on the part of Sir FRANCIS BURDETT : that, in fail, the ground upon which the Sheriffs were now called on to refcind their decilion, declared and carried into prac tice yefterclav, was precifely the fame qtieltion over again ; and he defired, therefore, to. put it to their own good fenfe and confiftency, upon what principle it was that they could be warranted to refcind one hour the decifion they had made the hour before, on the very fame point; and to what end it was that parties were to contend for an iffue, where the pt in ciple of jurifprudence might vary every moment. — He contended that the private arrangement made by the Sheriffs, for their own convenience, to bring the Freeholders, whole votes were °Netted againit, round to their box, infiead of deciding upon them as they came to the poll-hook, upon which the Free lholder had a right to infilt, might not, in ;wake, to deprive the Freeholder of the benefit of his vote, nor the Candidate, for whom he voted, of the advantage: that, in this cafe, the Freeholders having contented, for the convenience of the Sheriff., to c , ,me round to 1 their box, did fo upon the faith of thofe Sheriff's, that their claims to the right of voting would be quickly and fairly examined and decided upon : their names, with their relidence, and the fituation and defctip 'ion of their freeholds, and,the perfon for whom they tendered their votes, were entered on the poll book; they had declared their readings to (wear to their freeholds; every thing had been done on their parts that could be teqiiired of them—they had at tended were day after day, at a contiderable degree of inconvenience, las of time and expence, in hopes of having their yalification enquired into and decid ed upon, and it no fuch enquiry or decifion had taken place, the fault was not theirs ; and therefore, they ought not to Coffer a privation in the exercife of their invaluable franchife, when they had done every thing to fupport it which depended on them; and when the Sheriffs only, upon whole faith they had contented to pottpone their votes in order for invelli• gation, had prevented them from voting, by not having fo invcSigatcd their claims before the final clofing the torn -books, at three o'clock yellerday. In fairneta, in jutlice, avid in common fenfe, they were therefore bound to follow up the decifion which yef terday they had declared and aged upon. Mr. Kam.. eve, affeffor, Paid, it would be a fatis. faaion to the Sheriffs to hear the queftion argued, as it was not cori.•• the fame as that decided yeflerday. Mr. TIDDY argued, that no ingenuity of his Learned Friend could prevail againli the pofitive Itatute of the asth of His Maefly, cap. 34. by which it was made imperative on t he Returning Officer to keep open the poll-books for fifteen days, from the commencement of the elettion. for liven hr.iirs each day, and to clofe the poll books finally at, or before, three o'clr ck on the tifteeith Jay. If then there was any meaning in the wen elsinal doff, nothing could be more clear to the nitrated undeetlanding than that, after the final dole of the poll jellerday, the She riffs had no legal power, whatever to receive a firgle vote , or to go into any laveftigation on the validity of invalidity of any vote tendered in the coorfe of the eleition, not already on the pnU, with a view of being added thereto. The deeifion laft night was one which unfortunately proved, that any deviation from the law eftabliflied on the cafe was a lapfe into error and confufion ; and the fhosteft way to prevent Rill more confufion would be, to tread back the road of error, refcind the proceeding which had been adopted, and abide by the letter of the law.—What his Learned Friend propofed was a proceeding un known to the law, unknown in precedent. and abfo lately without a name.—lt was not a poll, it was not a ferutiny ; he wifhed, therefore, to know by what name his Learned Friend called it; it was, in the language of the Poet, a deed without a name ; but in all events it was utterly contrary to law. Mr. Cnt 'FORD denied this fad, and Rated that (eve rat perfons had been fworn, and their poll taken in the box. after the poll books had been dofed on the Previous days. Mr. KwowLvs alto Paid, that the.not proceeding on the objeded cafes after four o'clock, was not for want of jurifdiAion. Mr. Pio OT contended that the decifion of y e flerdal was contrary to law, and that the poll-books were final• ly doted at three o'clock ; and coafequently that the Sheriffs were bound to decide upon the numbers which appeared to them as eftablithed legal votes on the poll boobs, without proceeding, which they had no longer Any authority to do, upon any enquiry refpeaing the tendered votes, which thofe perfons who had tender ed them had ample opportunities of having inveQi gated within fourteen whole days. The law requited that no vote could be received that was not preceded by the Freeholders and Bribery Oath; now the Sheriffs authority to adminiller thefe oaths eeafed with the cloture of the poll-books; and therefore any perfon who came forward at this time to take thoß oaths before a perfon not authorized by law to tender them, might lately take a falfe oath without any ap prehenfion of profecution for perjury; and ennfe quently perfons might be brought foretold to fwear any thing with impunity. and give their votes fo as to overturn the eleition of the candidate fairly entitled to the return. Mr. Noma ennfidered this as a queflion folely, upon the into pretation of the law, and not at all connefted with the quellims, as to the compe tency of the Legiflature to mad a law, or the obli garcon of the Sheriff to obey it, That no freeholder could tender his vote after three o'clock, he was ready to admit, butif the tender &mid he made be fore that hour, and it was the aft of the Sheriff to poltpone the decifion upon it, he contended, that no arrangement of fuch Sheriff, Rill left any negleit to execute his own promise, could be allowed to deprive a freeholder of his franchife. It had been admitted by his Learned Friznd (Mr. Teddy) that it a man were dikovered to have polled twice, an alteration might be made in the poll, even after three o'clock. If fo, then why mild it be fo confidently dined on the & lame fide, that the Sheriffs were not compe tent to make any change in the poll book after three o'clock ? The Learned Gentleman went on .0 Rate the quell ion for the conlideratinn of the Sheriffs,. namely, whether they Humid declare the numbers on the poll, as they Rood at three o'clock yetterday, or as they flood at the time he then stddreffed them, with the addition of thole itbjetted voters fine pro nounced fubflantial, and enrolled en the pull book. His opinion, he had no Infitation in laying, was de cidedly in favour of the latter courfe. '1 he tender was the duty of the voter, and when the judgment came, it laid that he was entitled to vote at the time he made Inch tender. What, in juftice, he would oh, would it be after telling the vote!' to go round to the Sheriffs' box and they would hear them, that now, when they were there, they thould be refitted a hearing ? All the tenders which had been made ap peared •„ him to be aridly good, and entitled, from every circumftance, to the, fulled invelligation. The law had, no doubt. fpecifically mentioned the time after which no tender thould be received, but it had not at all pleictibed that judgment thould be had upon (itch tenders before three o'clock. Voters, he recolleCted, had been often fworn in on other days of the eleEtion, after the elofe of the poll, which, ac cording to the Itrit interpretation of the law, infifted upon by his Learned Friend, was as much nut of the jurildittion of the Sheriffs, as the (wearing . after the final dole of the poll. According to law it ap peared that when an att was inchoate, and if after wards pellet:fed, it was taken to be completely done at the time it was fo inchoate. This maxim he con ccived fully to fullain the argnments he had advanc ed with refpeA to tendered votes. The Gentlemen on the other fide, he obferved, teemed anxious to in. troduce a novel principle, which would go to over throw all the regularity of proceeding that had pre vailed at this elt.Ainn. A voter had been yefterday fent round to poll upon the Sheriff. deciding that his vote was valid, but the books being taken away be fore he could reach the hullings, he was allowed to (wear in the Sheriff.' box. This. nr the fwcaring of any other tendeted voter in the Sheriffs' box, alter three o'clock was, he contended, virtually fweariag at the time the vote was tendered, and from this he in. ferred that to invelligate and (wear in the objeCted voters that remained f decifson would not be con trary to the pi office that had heretofore prevailed, nor to the Ipirir or letter of the Aet of Parliament. The conduft of the infpeAors, which had been allud ed to by the Learned Gentleman on the other fide, he did not think neceffary to be confidered in this die cuflion ; hut, at to the queftiun which thole gentle men had put with raped to the nature of this elec tion, he would tell them that it was a poll and a fctutiny throughout ; that an inveßigation accompa nied the whole poll ; that in every Rep of its pro• grefs it was a deliberation of the Sheriffs. Returning to the fubjeA of tendered votes, the Learned Gen tleman argued with uncommon force, to thew that the voters having declared their ficeholtiv, and for whom they voted, it was the imperative nary of the Sheriff. to do the remainder. If it were otherwife. and if the propofition of his Learned Friend (Mr. Piggot) were admitted, any:candidate who &mild get a-head towards the latter days of an eleAinn, would be enabled to prevent the votes of his opPonent from being received, and to tender it impuffible for him to approach. much left to exceed hum, on the poll. The difference between us and our opponents, laid the Learned Gentleman, is this, that we defire 2833 that the tendered votes may be ir,velligated ; they de. fire that they may be rejected without invettigation. They nand upon the hour and the letter of the law, which by the bye is not againft the propotition we maintain on this occafion ;• we Rand upon the juftice and the fpirit of the law. Mr. Picior obferved, that the daily prahice of the poll, whatever it might have been. was no argument for a breach of law. The inflances, however, cited, with refpett to (wearing of freeholders after the clofe of the poll were not, he contended, applicable to the queflion now under difeuffion, as thofe inftances related to-the former days of the eleAion, whereas the precife words cf the amine referred to the feral clofe of the poil. The Learned Gentleman animad verted upon the fentiments of his Learned Friend who (poke lath, with refpeet to the right of the Sheriff to revile the poll. He might, no doubt, examine thole freeholders who were polled, but certainly not thole who were tendered. It was, indeed, obvious to him, that after the final clofe of the pollthe judicial power of the Sheriffs ceded altogether. When the Counfel had finilbed their arguments ; upon this cafe, the Sheriffs' box was cleared. The • Sheriffs deliberated for about three quarters of an hour upon the law as it applied to the cafe before r them. At length the Counfel on both fides were admitted, and the bheriffs declared that their deeition was, that the votes which Rood for examination, could net be received; and that thofe which bad been received ought to be (truck off. The numbers of courfc were to be declared as they flood at the dole of the poll at three o'clock yelterday. Mr. Knowtrs, the Affeffor, then Rated that the She riffs would immediately proceed to declare the num bers upon the poll. Mr. Ctsseoan peopled an invelligation of the tendered votes which bad been objeaed to. Mr. Lisowtes faith that the Sheriffs had deter mined not to proceed in that inveßigation. The Sheriffs, &c. then came on the huffing., and the Under Sheriff read to the multitude the follow ing decifian Preehaidav at Middiettn, you have been called on to chute a It and proper prefers to reprefent you in Parliament; and two Madura see been put bite pearlised= for your choice, viz. Sir Pianos Ike Ban. tad 0 Bonitos Marna vraaino,Efq.—An Mallen hat bets proceeded rpm , wad the poll finaily coneholoi pettattay, when the numbers west as tole tow.y roe Mr. Montoya' Two a • eta sklaAwetsßu alla3 Majority Tr". .4 *The Sheri& have thetdore declared Memos Bosn.Tow Meanwausi o, Eft. daly elopted." This declaration was received with loud and long continued hitting. GI The following is an accurate ftatement of the nuns. ber of Votes polled by the refpefiive Candidates each day, during this arduous contal Fr Mr. MAINWARANO. For elf FRANCIS BIM Vt.TT. lit Day - 323 , At Day - ad Day - - 393 ad Day 363 3d Day - 311 34 Day 4 5 6 5 41h Day a 57 ath Der I St yth Day - 163 Sth D. 6 192 6th Day - • iss 6th Day . sos - ytb Day . . 146 ytb Day • 60 4 ith Day - soi 9th Day - 10$ 6th Day . . 109 9th Dar . 93 totb Day ;a6 web Day - itth Day - 9111,•;t1b Day - - fs rub My • • lo lath Day - 75 13th Day - 10 9 "34 Day spa laqt Day • 136 latb Dal 137 ilth D-y . 166 &oh Day . Total - ataB Total - 423 Total Majority in favour of Mr. MAIJIMAILING S. Sir FILASCIS BuIlDkT7 and Mr. Marawartrito were both on the huffing% but neither attempted to addrefs the people. Mr. Matriway no made his bow and retired. When the crier was announcing the breaking up of the Court, Mr. CLirroao interrupted him by Rating that the poll was improperly call up s and ought to be reviled, but the Sheriffs dirated the Crier to proceed. When the bufinefs at the Hollings was declared to be finally at an end, Mr. MAINWARING was con veyed under the protation of the police to the houfe of a friend, at fome diftance from the place at which the elation is held. Sir Fitancrs, with a few of his molt particular friends, walked up to the houfe of Mr. Sauwoats, near the poll booth. The people became exceedingly clamorous at the itatement which they had feen and heard publifhed from the Hollings. that fomething unfair mutt have been done to deprive them of their reprefentative. Mr. Towwsw IND came out befdre the houfe, and addreffed the people, exhorting them to a forbear. ante from any at of violence which might difgrace the popular taupe. He Afore(' them that their ogles fliould be contended for in a legal way, and that the evil doers fbould, if polLble, be brought to con dign punilhment. P. Moots, Efq. Member of Parliament for the City of Coventry, alfo entreated the people to con duEt themfelves in an orderly manner, and reit in a confident reliance on the exertions of the patriotic Candidate to obtain redrefs for any violation of their rights. The Honourable Gentleman then referred to the private manner in which Mr. Men:wawa retreated from the Huflings, obferving, that they famed to carry him away as a let of thieves convey a piece of llolen goods, or fometbing which they wete confcious did sot properly belong to them...- Vert there were load and repeated app fault, from the Per ple. Shall we, he Paid, have the other Candidate , k e nta from off the place of the elation with the fame privacy ?—[ o ! No! was exclaimed by every itoxim ; , chair him ! chair him 1 eve: alfo loudly rtpeated.]—Mr. Moots again begged of the people to conduit their . (elves with aria propriety, as they might be well convinced what handle would be made of the molt _ . trifling anion of a contrary defcription. Mr. Moose then went into the houfe for a few minutes.—The people became quit vociferous for the chairing; but he came out again, and laid that it was contrary to the wintcs of Sir Farina' himfelf, for whom they had expreffed fo much partiality ; and he had authorifed him to beg it as a favour that they would not infitt upon foch a thing, but that they would for the piefent be fatisfied with giving him only loch tainiony of their approbation as they had always been fo ready to bellow upon him. If Sir FeaNcts timid hereafter be declared the legal Re prefentative of the county, which be bad no doubt but be mull be, the chairing would then be inE• oitzly quite c The declare and hii people carriap folicita ceded wc thc 1.111 'WS