The Sun. — London, England, 1819-02-18 00:00:00

' NVESTMINSTER ELECTION. FOURTH DAY. Po r Mr. flobliouse r. Lan►l► Major Cart►criglit 09 Yesterday, in the course of the day, a person described to be a Commissioner in the Navy, came to the Hustings to vote for Mr. Lamb. He was objected to by the friends of Mt:. Hobhouse, but on a reference to the High Bailiff, the vote was admitted. The crowd upon the whole were less turbulent than on the preceding day. When the poll closed at four o'clock, the numbers were b$ follows Mr. HUNT came forward, while the Poll was being cast up, and informed the populace that the giant, Sir Francis Burdett, would not be their to-day. He had put on his seven-league boots, and had left town. Mr. Hoop OUSE addressed the Electors, and said the exertions of their opponents had raised them considerably on the Poll that clay. At the same time he could see no cause for despondency—no reason for supposing the people of Westminster had changed their opinions on the subject of Par liamentary Reform. The exertions of the sup porters of Mr. Lamb had tint only been great, but such as he believed had not been resorted to for many years in the City of Westminster. He found that he had been represented by some of Mr. Lamb's canvassers (who were of all parties) in colours which he had not merited ; and which, it ever he became a public man, it would be his study to prove that he had not deserved. In more than one instance lie bad been represented, and by those who in all common concerns were en titled to be thought persons of credit, to be a Tory. He could name a much respected Noble man who had told the Electors they ought not to vote for Mr. Hobhouse because he was a Tory.— (Cries of " Name, name !")—He could not name the Nobleman, for this reason, that such a step on his part would be totally different from the course usually pursued in contested Elections. Such a line of conduct having been adopted on the other side as he had described, accounted for the state of the Poll. Among the canvassers for Mr. Lamb were persons connected with the Govern ment Offices—partisans of ; the present Opposition, and behind them sometimes one of the friends of those at the other end of the Hustings. This was the most extraordinary composition ever heard of. The Coalition Government,-described by Mr. Burke as a Mosaic,tesselated piece of most curious manufacture, was nothing at all compared with this strange union. In the course of that clay a Commissioner of the Navy; who at the last Elec tion voted for Sir Murray Maxwell,'came there to tote for Mr. Lamb. His vote was very properly objected to, but it was admitted by the High Bailiff. This, however, stood but for one, and be did not fear all the Commissioners of the Cus toms—or of the Navy, in London. He was ac cused yesterday by Mr. Lamb with being out of temper. If he had been so, he hoped some al lowance might be made for him, as he was no t yet accustomed to the calumnies of a contested Election. He had expected open abuse from Gen tlemen in the livery of the Court, but he had not looked for that description of trick and artifice to which he bad alluded on the preceding clay, for till now he had never stood a contest with a IVhig. He had not supposed the Whigs would accuse him of not being enough of a Reformer for them. After the course they had lately pursued, he would•now, in answer to a paragraph which bad appeared in the form of a letter to him in a Morning Paper, show what the Whigs had for merly professed to-be, and what they now were. Mr. Fox, in the debate on the Assessed. Taxes, •in January, 1798, had contended that a Radical Re form of Parliament was necessary, and he then declared, that without a change in the system, he for one would never accept of a share in the Councils of any Administration, or consent to hold any responsible situation. Now, after this, would it be denied by any one that Mr. FOX. had made Reform in Parliament the sine qua non of his accepting office ? Such were the Whigs of 1798. He would now• compare them with the Whigs of 1818. In a Manifesto which they had published in the Edinburgh Review of last June, when speaking of the pledge which the country would expect from any new Administration, it said, that if the Catholic Question could be car tied, and a moderate Returns expected much would be gained for the country; but no such things ought to be made a sine qua non. The Whig' of 1798 would accept of no situation without a Radical Reform, but the Whig of 1806 did ac cept • of Office without a Reform, and doing so formed a coalition with Lord Grenville, who, in the debate just alluded to, had declared :that so far from voting for a Parliamentary Reform, be gave his vote, and be hoped all his friends would do the same, as a pledge against Parliamentary Reform. The Whigs of 1807 went out of office because they could not carry the Catholic QueS tion. That question was, it should seem, now strongly believed to he given up, acid God only knew what they would give up next. In the pre sent day there were certainly some Whigs who voted in favour of Parliamentary Reform, though they did not consider it of paramount importance, as the Whigs of 1798 did. If they did, would their present Candidate be supported by .t he Court, as Mr. Lamb was—by Commissioners of the Customs, by Commissioners of the Navy, and by the Secretary at War acting as one of his canvassers ? He took the pre sent Whig Candidate to be one of those pliant supple Whigs, that might be turned about any way—now on this side, now on that, meaning nothing, but !always blundering round a mean img. He held him to be one of those feather beda, always placed between the Court and the people, to atop the shots thrown by the latter against the former. Now that his seconder had retired, Mr. Lamb had accused him (Mr. Hob house) of being the advocate of Napoleon Buonaparte. He had never been the advocate of the tyrant Napoleon Buonaparte ; but lie had contended that the French nation had a light to choose what King they pleased.— In The Morning Chronicle he had been called a Republican. Had he been so born, he would have 4:ci in defending it; but a Lis fate had given him birth under a different form of Government, be «•ai. well content with that share of liberty which, , Nitlt a King, might be here enjoyed under the Constitution, such as it had been originally f►amedl. He was no more a Republican than the writer of that article himself. But then he was accused of hying loose in his religious principles. When it was intended to attack a man of spotless life and character, he was always called an infidel, or an atheist, or some such imputation was urged against him which he could not rebut. In one respect he was an infidel—he had no belief in the Whigs. He did not believe they would do any good for• the country. To the charge made against hint that he was Sir F. Burdett's protege, he replied, that he felt it no disgrace to participate in that influence which the Hon. Baronet had so virtuously acquired. It would be no disgrace that he was esteemed by him whom all the country esteemed. Mr. G. Jones had accused the Hon. Baronet of ingratitude. This charge came well from that man, seeing it was well known that his efforts to get him out of prison had sent the Hon. Baronet to the Tower. Did Mr. Jones, when be spoke as he had done, forget that Sir F. Burdett had been himself consigned to a prison, because he came forward in behalf of him as a suffering and persecuted individual > He could repel every ()Ater charge made against Sir F. Burdett with eclual ease ; but it was for the Electors to decide, front what they had already heard, whether the combination, he had almost said the conspiracy, which had been formed against him, should be couutena►sced by them. He (Mr.'Hobhouse) had been accused of not being sincere in the cause of Parliamentary Reform ; he would now prove that he was so. Mr. Lamb had yesterday said that he wished the elective franchise extended to scot and lot voters. This was not going so far as he (Mr. Hobhouse) wished to go ; but if Mr. Lamb would to-morrow bring a paper, signed by the leaders of his party—(a laugh),—or it he would promise, he would take his honourable word, that the leaders of his party would pie , 'ge themselves never to come into power without endeavouring to ef fect this small reform, he would, with the con sent of those who pi oposed him, retire from the contest. Gaining this, he did not think enough would be done, but something would be gained for the people ; and if he were returned to Par liament, the effect might only he to rai :• e: one more feeble voice in their favour without avail. Mr. LAMB, on coming forward, experienced much opposition. He reminded the Electors of what he had said yesterday on the state of the Poll, and showed that he was borne out by the result of this clay, in which he had gained a majo rity of 112 votes, and his opponent was now only seven a-head on the gross Pell—a small majority, which would soon be done away altogether. He bad understood Mr. Hobhouse to say, that yes terday he was not in an ill humour; he'was bound to believe him, but it so, it must be admitted that his good humour was of a most unpleasant cast. One objection had been urged to him (Mr. Lamb) that he had not that flow of eloqueuce and volume of voice by which his opponent (Mr. Hobhouse) was distinguished. He should, however, have time to learn the former under Mr. Hobhouse ; " and if," said Mr. Lamb, " that Gentleman will learn temper of me, I shall he happy to learn ora tory of him—that is, as to manner; of his mat ter I will not have, one word." Mr. Hobhouse always came prepared with a variety of extracts in his hand, of which be (Mr. Lamb) knew no thing till the moment they were read. If he ex pected him to answer them, it would be but fair to let him know what they were about before hand. He, howeVer, should not call on hint to disavow them, or any thing that he had brought forward, or that had appeared against him (Mr. L.), not even the sheep's head„• which had been displayed on the preceding day. He was glad that his name afforded them a snbject • of merriment, and wished to know where he could find the per. son who sported that joke, as,.though he had sa crificed the head of his sheep, he could still accommodate them with a joint of mutton. — He wished, instead of gloomy harangues, more wit of the same sort came from his opponents. • Mr. Hobhouse complained that he • had been represented to be, a Tory. If his friends, to serve hint (Mr.. Lamb) strove to injure his rival by describing him as a Tory; what be came of the other accusation made by Mr. Hob house, that he (Mr. Lamb) was a Court Candi date i He wished, before, Mr. Hobhouse again complained that he was supported by the.Govern went, that he would ascertain what support they could give, and not tell the Electors that the Commissioners oc . Customs voted for his oppo nent, when'it was known that they were disfran chised by Act of Parliament, and could vote for no party. . It was said by Mr. Hobhouse, that his plan of Reform was intelligible. He (Mr. Lamb) had looked for the word in the Dictionary, and found intelligible meant " possible to be un- Aerstood." Now, as he supposed Mr. Hobhouse had some meaning, he did not know but his plan. might merit the title which he had bestowed upon it. It might be that at some future era its mean ing might be discovered by some person who, like Major Cartwright, devoted his whole life to the study of Reform. The Pyramids of Egypt had originally a meaning, but what that meaning was had not been found within the memory of man. If that Candidate was returned who was for the most extensive Reform, Major Cartwright, he would not hesitate to say, ought to be the man. For his own part, he thought scot and lot Elec tors were the best ; but it was natural for him to feel some predilection in favour of those who had favoured him with such gratifying support. He was favour of shorter Parliaments ; and by that he meant a return to Triennial Parliaments. Mr. Hobhouse had said, that if he (Mr. Lamb) pro mised that the heads of his party should pledge themselves not to come into power without at tempting such a Reform, be (Mr. Hobhouse) would withdraw from the contest. To this he re plied, that he stood there on his own account — he was not pinned to the tail of any party, nor did he bring a certificate from any man: He could not thank Mr. Hobhouse for the offer he had made to withdraw on certain conditions, for he would tell him that he must shortly retire whether Ire would or not.—(Applause.) Mr. NoßrumonE never felt such anxiety for the liberty of Wastwiuster as he did at present. If the attempt to return Mr. Hobhouse proved suc cessful, they might expect to see in the next edi tion of " Oldfield's Boroughs"--" Westminster, 14,000 voters ; Patron, Sir F. Burdett." He adverted to the ages of General Blucher, the Aus trian Minister Count Collared°, and the Duke of Roxburgh (who had been returned to the pre sent Parliament), to refute the assertion that Ma jor Cartwright was too old to sit in the House of Commons. He hoped the Electors would to-mor row come forward by hundreds to vote for their old and faithful friend. It had been common at the Westminster Dinners to give the health of Major Cartwright, and the song of " Steady she goes" was then sung. He would ask Mr. Brooks, and those who now favoured Mr. Hobhouse, it the Major did not go on as steadily as ever? He was persuaded that Ministers were so hostile to Major Cartwright, that if the Whig Candidate had not started, they would haVe been disposed to support Mr. Hobhouse against the veteran ; and he should not have beenZsurprised to see the Holy Trinity, " Old Bags, Derry-down Triangle, and the Doctor," going up to give him their votes." Mr. G. JONES ridiculed the pretensions of Mr. Hobhouse. He maintained that he owed his im prisonment to the rash, puerile, and contemptible interference of Sir F. Burdett, but for which he should have been liberated from Newgate in the course of three days, and went on to examine the general conduct of the Hon. Baronet, who he showed had done no good in Parliament. Mr. HUNT came forward, but could not obtain a hearing till he had promised the crowd that what he was about to say should be "short and sweet." He had yesterday put three questions to Sir F. Burdett. He had given no answer to them, and was not there to-day because he knew he could not answer them satisfactorily, without telling that which was not truth. lie had said as he (Mr. Hunt) learnt front the Newspapers, that he (Sir F. Burdett) had never deserted a public or a pri vate friend. He would ask them, did they remem ber Mr. Wig!), who, twenty years ago, lent him 30,0001. on one occasion Was he now his friend ? No.—Did they remember Mr. Gawler, who accompanied the Honourable Baronet when he went out to shoot poor Paull ? Was Mr. Gawler now his friend ? No.—Did they remember Mr. Paull ? Did not Sir Francis Burdett betray and desert him before his death ?—Did they remember Colonel Wardle ? lie (Mr. Hunt) had no hesita tion in saying, for he had it from Colonel Wardle himself, that the treachery and abandonment of Sir F. Burdett forced bins to fly the country. Did they remember Mr. Jennings, who had stood on those hustings for fifteen days ? He stated Sir Francis Burdett had abandoned him, and had never done him any favour in his life.— Who had been the friends of the Honourable Baronet for the last seven years Major Cart wright, Mr. Cobbett, and himself (Mt. Hunt). He had never asked a favour of him in his life. if he (Sir Francis Burdett) had ever conferred on him an obligation worth sixpence, he doubted not he would have come there to reproach, him with it. He had deserted Mr. Cobbett and Mr. Cartwright, but he (Mr. Hunt) scorned to wait tor his turn, and had abandoned the Hon. Ba ronet. They all remembered the conduct of Blue Beard, in the play, who killed oft all his wives. Sir. Francis Burdett was the political .Blue Beard. He had killed off all his former friends, and if Mr. Hobhouse should turn out to be an 11:.mest man, he would kill him off at last. The business of the day here closed, and the crowd quietly dispersed. FOR TI•IE SUN. INSOLVENT DEBTORS' ACT. ANALYSIS AND COMMENTARY, [Concluded.] The principle of Cessio Bonorunt, which is the basis of the Insolvent Act, being in effect the same as that of the Bankrupt Laws, many provi sions applicable to Bankrupts will probably here after be extended to insolvent cases, which are, indeed, cases of minor bankruptcy ; and if the consent -of Creditors, signified by a certificate, could he permitted to exempt the Debtor from future liability in the case of insolvency as well as bankruptcy, the exertions of the Debtor would be usefully applied to the support of himself and family; and the countty might benefit by the exercise of that ingenuity and labour, which, if repressed by the operation of pecuniary demands, would probably be diverted into another channel, and. transferred to foreign countries ; the principle of rendering, future property , liable to anterior debts, being calculated . to banish the most useful description of persons, artizans and mechanics, from this country to other regions, where they may hope more fully to enjoy the fruits of their industry. It• is, to be apprehended, that when individuals are accountable to others for the earn ings of labour, idleness will be encouraged, and habits of Nice will increase crimes. H in the wisdom of Parliament it should occur just and necessary to incorporate the Insolvent Acts with the Laws of Bankruptcy, I would humbly submit to notice the propriety of an enactment for the protection of Creditors against that improvident and incautious disposition lately manifested by numerous Debtors in the avowal ' of insolvency, when prudent and considerate at- , tent ion should have induced a different conclusion. It might be permitted to Creditors to apply against the administration of the law as concerns Insol vents in certain cases, and particularly when it can be shewn that equitable arrangements might be effected, to render recourse to the Insolvent Act needless or injurious. The same permission might be granted to the Heirs of Debtors or other . persons having expectant or reversionary interests in the property of such Debtors. The encou ragement and facility afforded under the Act in favour of liberty, has induced many persons vo luntarily to declare themselves insolvent without due consideration, greatly to the detriment of their CI editors and others, who become sufferers by the alienations created under the assignment of estates and effects, which might have been providently administered without recourse to such an expedient. The attainment and distribution of the Debtor's means being the object most im portant to his Creditors, it is remarkable, that whilst a general discontent is expressed by the 'Creditors as to the t rper a tion of the Insolvent 1-ile Act, they are in too many instances chari with an indifference,' nearly amounting to a °,. pable negligence, towards their own itsterests: st And though the L eg i s l a ture has provided againti„, the loss accruing from that indifference by all 14 thority vested i n th e C our t to protect the'proP e t ; for the advantage of Creditors, and to nnPQ in o f RECEIVER for such purpose, the inattention Creditors still defe a ts th e benefit intended Oleo, And it would he found on full inquiry, that, Co'y., siderable property, a nd very large sums.of fot' ar io . which might have been realized and apPl iell liquidation of lawful d e mands, have be en . I n t unaccountably neglected by those possessiogisLes claims to distribution. ASSIGNEES in mailY ca have been careless or improvident, anti f or wa re of due vigilance mu c h has been lost which e. 4) ,1t mon prudence would have realized. 14 T o g o , probably be a protection to the general Credlllo, if the Assignees, or others having the V sse6 r ity of insolvent funds, should give for the due administration of those funds ; upon possession of a definite sum, that the f oto son so possessing it should pay the a mount ' t o the Bank of England, to be applied as th e C L ° . i . c ... should - from time to time direct. But W hilst L i t , ditors continue careless of their own ngt h- ,; gislative provisions cannot adequately preVe l Oi r consequences of their neglect ; nor can th e - I " o r. proper sect 11 . 11, plainants against the Insolvent Act offer rea r of gliments to disturb its principle as a we 4aa-e humanity and justice. goof" The numerous and strong enactments '1 against fraud a n d m i scon d uct on rite P OO , Debtors, peculiarly mark the caution sight of the Legislature to render all r s , - ea ft protection to the Creditors. And as 41 ' e it - o t• parts of the Bankrupt Laws have been 4 .ol l ll ' ci ' s of cessary for the like protection, the provis'% ai ll the Insolvent Act cannot, iu justice, be de- to( too severe, with a view to the same obj ect ;it.de where integrity o f p r i nc i p l e i s want ing, meat should await the delinquent. 13 111 ( 1 1' ' or. cable to cases of f rau d or unscondoct, have sometimes be en f oun d mote r eadY I° , - , 13 / 1 0 the enforcement o f these- penal clauses 0 041e b : i f et Court's order, th an to see k t h e u ltimate ° aeC l5 of the Law in th e di str ib ut i on o f theaptl and, upon the remand of a Debtor ur ldel t i clause of exemption, the consideration °; al l estate has been wholly overlooked. Few , i h : v instances, have occurred of prosecutioo,-itioA dictment, to establish the grounds of °l , 9e- 0 1 : to the discharge, on the ground of frail" t t j to cealment, unjust transfer or embezzlem eol i te a taking the whole purview of the stdt al '' Court has been generally inclined to Pl e , clse Debtor on the term s p rov id e d f or s urreo ue: nre assignment, rather than to subject him 1° prisonment which would deteat such coh l 'ipnt 4 ' Under the pen a l enactmentiin reference t`r„ fry rupts, we have many instances of prosecol i° l th e indictment, and of convictions foundta °l ot" verdicts of Juries. Under th e I nso lvent A ct 5 : 0 4 ” , instances are not known although, lu :wen imputed fraud, the Creditors h ave 'a lega l c by criminal process. r G l7ll I would humbly suggest, that it frOg b- „ t sistent with the law rest in cases of remand under any of the p'emal ore ectio g 1. 0 11;etoe , upon the opposition of Creditors, a spec s sp a might he limited, within which the (.1" e '` 1 0 complaint or ground of opposition 511° tw ac° brought before a Jury for decision, at the lit' of the Creditors, by bill of indictment, eell° otherwise, either before the Court in Lood°1!'l at Quarter Sessions in the country. ref proceeding might take place under the ° r e cre the Court, on the application of either t h ditor or the Debtor. If the decision of 1 . 1 e c o ul l should be in favour of the prisoner, the it 0 4 should be authorised to discharge him, a s ' o r 1° opposition or complaint had been tinole,„,iO4 remand him, if the finding of the .Lary wa s him. The Court would thereby be rel le `rj aC much responsibility, and the public t" ° o tte quiesce with satisfaction in the judgmen t et , il e ree lug froth evidence, and pronounced up' ,o t " diet of a Jury. 10 14 WILLIAM RUSSELL INNS- • a, Hare-court, Inner Temple, Feb. 16, 1819, DIED. 5 On Friday last z of a pleuracv, the Lady of Ti. ,03 0 0, . 0 Esq. of George-street, Addlphi, in the prime of 1if'41 ,6 54 in person, cultivated in mind, and truly am iable ! e t ( pf A A, ti 01); loved and esteemed by , all who had the; pfeasfnfectiofo""', acquainted with her, and deeply lamented by ail ' l4 , o f husband, and a large circle of relations and fricf.,“,, °••11107,0 Yesterday, at hi', house in Berner's-strect ,. Berners Plastow, lint. of Watlington Hall, Na l • ) .er 71st year of his age. . fi 1 ,15 ' 9 4 41 At his lodgings in Belvidere-place, St. G e orge - „, c ll- I ' o terday morning - , at half-past three o'clock, the antiquarian, Constantine Jennings, Esq. ~,----------;' PROVINCIAL BIRTHS, M ARRIAGES, AN L) D* -1“ r 1 *' . • BIRTHS. n re 13YI At Aberdeen, on. the Bth inst. M. Pr. ' - ' a- • • ' ; . t V e ; s daughter. Feuary 5, at Chatham, Mrs. Pace, ife of Sere 3 „ D s . 4l.l l - 1' of the r Royal Marines, was safely delivewred o f two b 9-, girl, who, with their mother, are doing well. of „ mum. . _ 11,54 - Feb. 9, at St. Alpbage, Greenwich , Robert Rihic;ceroce Ric or to Charlotte, second daugh ter of Major st ar of the same place. o f Or ot Lately, at Swanscombe, Mr. Samu el Newconte, wts Essex, to Isabella, only daughter of Mr. 'Milt' Peers, of Sheerness. Tien. ta Feb. 11, at Maidstone, Miss Rugg, of Debtling% ler); Feb. 14, at Nlaidstone, Mr. Brater, many cars c 0 Allington Church. bor Ts ~514 9 O. At Strabane, JUlin Dorman, or Diermott. r' e c ob 09 at Borgh, in the parish of Cloulee, County of 1)01r1ds j tllc 24th of August, 17(9, and consequently was upwli lise, a A ,* years of age. His father was a labourer, and ruc 0 t ; age of 111. His mother's n ame was Nlar ga ret S" lived to be near 113 years old. ______________ ,.. .„/_--- ---- or eo . , es, v A • LONDON: Printed hy.l. B. CARSTAIRS, of r d b y 8 : ;0 11 Orrnoud-street, Queen-square; and published 10 5•• r " SCRIPPS, Of No. 7, South Moltnn-stree•+ at 01 d. Office, No. 112, Strand ; where Advettiseineno, Letters, &c. (post-paid) must lagaldretscil. BIRTHS. i , „ 4 11 01 . 0 0. On Monday, at Sir Charles Kent's seat, Pom o-- c is ' Grantham, Lincolnshire, Lady Sophia Kent, o f heir. s lye/.;), At St. Petersburg!), on the 16th January, N. ' of James Ramsay, Esq. of a son. ; ..----. v . MARRIED. ~, 0 o letto .. . .. ~ On the 9th inst. at Kendal church, Mr. Job° ; N if. l. Newington-butts, to Isabella, youngest daughte r 0, 7 ~,,, Dawson, Bank-house, Kendal: _.....----"'"-