The Sun. — London, England, 1819-12-28 00:00:00

TO THE EDITOR OF THE SUN. GRA NI POUND. Sta.—.immediate discussion between two anta gonists is apt to induce an asperity►, from which I will not presume myself to he free. Harsh, hori ever, and petulant, as some among your Corre spondents describe tne, I have never wilfully mis stated the truth ; nor—what is far more tuiicitie vons than positive falsehood—strained an argu ment beyond ir's fair inference. The question concerning. the B:►rough of Grilmputui, it's own disfratiehi3ernent, and the transfer of it's electoral right, is too important to the general Constitu tion, to be dropped short of or pushed beyond it's actual effect. So far am I from vindicating, or even palliat ing, corruption, that I should wish every man who misuses the right of electing or the privilege of being elected, to be absolutely and for ever dis fraPchised. But, since the right of being repre sented is in the place, aot in the person, I cannot understand the justice of disfranchising the Bo rough or the County from whence Representa tives are sent into Parliament. fit Cuiporations, this right is exercised by the Corporatnes ; and though every,corrupt voter them ought to be distranehised, th►e punishment o:,ght not to fall upon his sweessor : in butgage-imiding*, it ought not to fall upon his heir. If the right ought not to be abolished, so it cmglit not to be cliisii nished ; as most he the effect of extending it “) other places or individuals. The question is, whe ther the pituishment descends on none ~t hers thatt the guilty ; not, whether it descends less heavily on the innocent. On the guilty, then, let it (611,—heavily and ir reversibly. Incapacitate the corrupt voter from all future privilege of election. Treit tltnL to all elector.: purposes. 'as legally dead ; but let his rights descend as in the case of his natural &lath. The cot rapt Corporator—expel him from the Cor poration, ;old choose his, successor :—tlie corrupt btirgage-holder or fretitali!er—lisfrau. and invest his heir tritls t,is r...oys.— 'WIRI Wit; ' pun' parity . • Witt that in urging this conclusive : t;nrs, or disregard the The coarse puCsucci o die pr . esent oc dispenses with ttity necessity Of toi.y.ing, the inter or pitrtial disfr3ncitiFe'rnetit, by bro,4a- gation of the right, or by its extension, is e..,lrt eiseable by the Hooce of Cony - nous or by the king, Avt Act of Parliament cootrools every thing by ins archly omnipotence; to question it Tivere uskile-s as illegal, and not more illegal than absurd. The Boyd Prerogative, we know, cieated new places of Repreentation until no eery distant period ; and I have not been able to find any positive disfra;tchisements from sending Mem bers into the King's PArliament enforced by the House of Commons. So implicitly, however, do I bend to the power of the three Estates in Par liament, that I will not even observe on the pro portionate numbers which were settled for Scot land and Ireland, at their respective unions, to the number of the English Representatives ; nor ascribe any unfairness to the increase of the one, Without a concurrent increase of the others.— But, it Leeds, and Manchester, and Birmingham, are entitled, by reason of their property or their population, to have Representatives in Parlia ment, surely this right should be exercised with out the divestiture of other places 3 since the place itself can do no wrong : and, if the mann factoring towns ought to be repre•sertted, their representation should be accorded as a right to themselves, not as a punishment to others. I feel that lam arguing constitutionally. I desire the crime of corruption to be most heavily punished. Am I corrupt because I desire its pu nishment to fall on the guilty alone TENAX. The number of eminent persons, natives or closely connected with Scotland, who have died within there twelve months, is rather extraordina ry, and greater than weever remember within the same period. Among these were the repre sentatives of seven of the most ancient and noble families in this kingdom, viz, the Dukes of Ha milton, Bucclench, and Lennox ; the Earls of Er. rid and Eglinton ; the Countess of Roams and Lord Somerville ; the Right Hon. Robert Dun das, Lord Chief Baron; Adam Rolland, Esq. of Gask, Professor Playfair, l'rofessor Rutherford, Principal Hill, Principal Playfair, and Mr. Watt, the celebrated inventor of the great improvements upon steam, steam-engines,Stc.—(Edinburgh Cott. 7ant, Dec. 25.) A numerous Meeting of Naval Officers on half pay at Edinburgh, took place in the Council Chain bee on Friday last, Vice-Admiral FRASER in the Chair, supported by Rear-Admiral Sir DaYtp MILNa, K. C. B , Captain Sir Tflostas Taaw- BRIDGE, Bart., &c. when Resolutions were enter 'ed into, to be forwarded to the First Lord of the Admiralty, and laid before this Principal Secre tary of State, tendering their services in.support of the Civil Autboritiee in- the present eventful crisis. Felt THE SUN. GRAMPOUND. Eutroe— I am induced to offer you some observations on the disfranchisement of the Borough of Grampound, in consequence of the Letters of your Correspondent Tswax, ti . nd liii adversary Vttinex, but in so doing, 1 do not wish to be ranked among the opponents of the one, or to appear as the defender of the other: it is not my intension to enter into the controversy ; TENAK is not a MHO with whom it is possible to argue upon fair terms, for if he is opposed, his opponents are " Republicans and Jacobins," " knaves or fools," their language '' revolo- sionaty jargon," and their arguments " the new fangled nonsense of Reform." I shall therefore endeavour to confine myself to the case of Gram pound, and the right of voting in that Borough, *lid I shall only so far notice the Letter of Te• wax as naay be necessary to point out its errors, which is a task that I think ought to be perform ed, since you have very strongly recommended TEwtoc to the notice of your Readers, as a power ful writer, and a man of correct principles, and great constitutional knowledge. With respect to the constitutional inowledge of TENAx, I fear, not withstanding your general penetration, you have formed a wrong estimate ; for TENAX tells -us that " the British Law re cognises no right of voting other than in Cor pora.ions. or in sit we of land, or of some edifice upon land, and that property not population is I represented in Parliament," which is to say, in other words, that Freemen of Corporate Towns and Cities, Freeholders of Lands, Burgage holtlers, and householders, are the only persons in whom the tight to the Elective Franchise is recognized by the LW of England ; and that populary have no right to it, " property only not , population being r e p resente d in Parliament." In this Si at emetic , however, TBNAK is wrong, for ;he Law of Engl a nd is not thus unjust and de fective. Every rational man must allow, that pro perty, by which I suppose l'ENnx means real not personal property, ought to have a preponderat isttf it:fitter:cc in the c')l ce of Mrtithers of Pailia client, fur the proprie'ci -1 the Soil has evidently a great and pertn4t3:!ot lute , est in the prosperity of the Conotry, as he runiot transfer his possessions to other couty rit , , like the Capitalist and the 111er ,,lin• In iy their capital ;—ill the wo f ds of TEN AX, " The gold may vanish„ hut the land retnaios ;•' and this preponderating influence the law has vest ed in the owners ~f landed property; but as the ownet• o f land, never were, and most certainly , :he only part of the community in crested in Oar national welfate, and the Govern- Glent uf the country, the law has intrusted other eia , ses •Nith the privilege of sending Representa tives to Parliament, and accordingly we find that !he rights of voting in Cities, 'Towns, &tuft Bo roughs frequently differ Scoot each . offer, charter or usage having conferred that species of voting which scented best adapted to the circumstances of the place. These rights of voting, the writers on the Law of Elections Lise g , tirtally divided into three classes ; first, ti ; .;iit by teritire, which includis the tiorgoge tenure ; secondly, right by chatter. which inclodes all cases where the right of v., , Hg is in a body corporate . ; and hircliv, HIGHTs PtnruLsn, which last class (wow diem!. all other ri g ht s 0 0 voting. This • !alit class of the riJits of voIii.g,TCNAK tells tis is not recognized by the Law of Englatni,• which knows •" no right of voting other than in Corporations, or in viitue of land, or of some edifice upon land." TestAx surely has studied the Law of Elections very superficially, will even go so far as to say, be is little ac quainted with the Constitution and Laws of Eng land, if tact species of the rights of voting, called " Rights Popular," has escaped his a ttentioti ; and if it has not, what foundation, I will ask, him, is there tot his assertion " that property, and not population, is represented in " Parliament." Has he forgotten the right of this kind comprehended under the words of " commonalty," '' popola cy," or" potwallers." Ate the persons who pos sess the right of voting comprehended under these words, and which have been defined to be a right of voting exercised by " all persons furnishing their own diet, whether householders or lodgets,' are they, I ask, persons voting 't in respect of land or any edifice upon land?" Me the indivi duals returned by them to Par liament the Repre sentatives of " property," and " not of popula tion ?" Having thus satisfactorily shewn the fal lacy of the principle maintained by Tss:sx, " that property, not piipulation, is represented in Par liament," I shall, proceed to consider his defini tion of the tight of voting in the Borough of Grampound. The right of voting is described in these words " Be the Borough close or open, the electoral right is therein, and is exercised by certain per sons having therein a certain property, who vote by virtue of that Burgage-holding. In the case of Grampound the te.ft of their right _may the paying soot and lot,'"—From these words we are to understand, I presume, thaf the. voters in Grampound must be the prop ietors of houses or lands held by burgage tenure, and that "'the test of their possession of such houses or lands; and 'C , *:+t itow, consequently of the right to the Elective Fran chise is " the paying scot and lot.•' This defini tion by TENAx ofa scot and lot Borough is singular; I have consulted some Authorities, and I cannot find a definition of a right of voting, similar to fear, if the determinations of Election Committees were conveyed in such terms, it would be difficult for the House of Commons to proceed with public business, as the time of the Meunhci•s must be constantly occupied in deciding an appli cations to explain and amend such determina tions. I will not, therefore, appeal on behalf of the Public to the tribunal of TENIAX, for an ex planation of his definition of the right of voting at Grampound, but I will . .proceed to state the right myself, and to spew chat " an inhabitant paying scot and Jot." is not a person " having a We received this morning the Paris Papers of Saturday last, which being Christmas Day, the Offices of the Journals were abut, and no Papers were to be published on Sunday. We stopped the Press yesterday to announce the arrival of the Journals of _Thursday and Friday, which, how ever, contained no news of any interest.— The Report upon the projet respecting the 9;x-twelfths of the Taxes, was received on Wednesday in the Chamber of Deputies, and the discussion fixed for Friday, On the last men tioned day, the debate was commenced by the Count de la BOURDONMAYR, who expressed his distrust of the intentions•of the Government, and moved to substitute fonitwelfths u . M. Faoc de la liout.Av a supported the projet on financial grounds. The Baron MECHtu supported the projet,but object ed to the temporizing system of the Ministers. M. Roy, the Minister of Finance, gave a sort of ex posé of the financial system, for the purpose of shewing the necessity that existed for the six twelfths that were asked for. General DSMARCAY objected to the measures of the Ministers, and moved to substitute two-lwelfths. The Count de Cants, the Minister of the Interior, called upon the Chamber to place confidence in the Ministet s, and said he bad no doubt that confidence would he given. After some further discussion, the pro jet, as originally proposed by Ministers, was agreed to by a majority of 137 to 79. The Cham ber adjourned till Monday. The following are Extracts : " PARIS, DEC. 25.—Yesterday the King gave a private audience to the Cor.nt de Forbin Janson, Director of the Royal Museum, who is ab"t set out for Sicily. " The trial of General Savary, Duke of 1 1° ' vigo, will take place on Monday. " General Hullin.is arrived at ?iris. n. Thesemains of Mersliallerritrier Were i ~• terteti yesterdar t witip,greatluneral pomp, Ow Cemetery of Pere Lachaiae. FIVE PER CENTS. Friday .DP.FRRItI3D STOCK Of the 2ed March, 1817, 93 1. Sc. 2 22d Sept. 1817, 9l f. 25 c. 22d Alarch, 1818, 8.9 t. 25 c. 22d Sept. 18,18, 22d Marcia, 1819, B5 f. 25 c. 22d Sept. 1819, This morning we received a series of New V l ` Papers to th e I s t i nst . not o f course l ate WI u contain the Pre4id en t's Message. 'Leg ford SC's rCely y p-liticsi news. Extract of a Letter from St. Thomas, dated Oct. 49• " We have news of Barbad-es being C °o' pletely demolished, and part of the bland by a hurricane and earthquake, since thl 114 instant." (From The New York Evening. Post, Nov. 29.) The Natibnal Litelligeacer of Friday annotte d the arrival of Ca-4. Ram) Irons Madrid, and 01116 we understand he brings information that till" Treaty is not ratified, and things remain much . 1° the same state in which our last advice, l eft them. Mr. FORSYTH remains at Madrid, and Minister from Spain is to be forthwith seat to til l° Country. If further particulars come to ° dr knowledge they shall be hereafter noticed. (From the New York Coo otercial Advertiser of Noe. 01 IMPORTANT, IF TRUE.—A report, which, b o44 ' ever, requires confirmation, is published in tb~ Milledgeville (Georgia) Republican of the gthifl i slant, " that General GAINES had received orci elf for a detachment of 5000 men from 'that SW* and 5000 from South Carolina, to proceed is Amelia Island." (Same Paper, Nov t 6.) A BRILLIANT Alsreott.--The Village Recork a paper published at West• Chester, Pennsylvetli" ; mentions, that a b r illi an t M eteor passe d over place at six o'clock on Sunday evening.—" 1 1 direction was from N.E to S.V. The tail was great length and brightness, and from the b°` l o / 1 the fire fused out as it does from a large piece burning ii on. The streets were so light that 0 1° might have picker! up a pin. It disappeared ol d ' deuly, and almost every person who saw it yea' ed confident that it fell near him. In a tition ti and a half, or perhaps two minutes, after the He il ceased, a sound like a cannon was heard, CO: ing from the direction where the Meteor appear° to fall. We have seen Gentlemen from IViimior ton, Londongrove, and Coatesville, each of %glin t° had a perfect view of this sublime phenomenon; and they agree i n d escr ibi ng i ts appearance on situation to be similar to that presented to no/ Its magnitude and distance must, therefore, hi / been much greater than one who saw itcould ba s 4 well imagined." The Franklin Gazette states, that the Neu or Sandy evening was seen by several persous j Philadelphia ; that it was ver y large, and ° li accompanied with a blue flame ; and that it 4 peared " to touch the earth, rebound, ascend 01 some distance, and fall again." [Same Paper, Nor. 271 The Meteor observed at Philadelphia and W af tnington on Sunday eve n i n g, as ment i one d in °` . o last, took a more ex t ens i ve range t h an wag 0% supposed. By the B a l t i more P apers rece i ve d Ibi morning, learn, that it passed over that ci s fl, still ptirstig its course iron s t h e North-east t ; the South-west, and in creas i ng i ts apparen t 41 ,, "; as it approicheil, until it appeared ne ar ly a s lar d as the moon. When it exploded, a report 1 ", [lewd like tilo noise of a cannon four times cf. peated in quick suc c es s i on , w hi c h was iinnte° l ; ately followed bye rumbling noise similar to , E .f or d of the passitt; of carriages over a bridge. 1 4 light it emit,ed compl ete ly o b scure d t h at of t' moon and stars, which before and after its or pear'nce were uncommonly brilliant." • Aecc - ding to Private Letters from N e w Yor l " received this day, dated the 29th ult. it is e t ; tively resolveti by the American Go vernmen t, in on the meeting of Congre ss an A ct w ill b e pa ss e d for taking possessio n o f t h e Fl or id as. - f t is II 4 11 stated whether this measure is t o b e a d opte d the concurrence of Spain, or whether the probO inability of the -latter to recover an efficient pro/ tection of them has induced the American Gov erij milt to make sure of what may b e rendere d he t after a valuable as well a s necessar y acqu i s itio° i k the present uncertain state of the revolced s ° at" American Colonies. A - Debate was expected iu the House of fA r‘l ; last night•on the second reading of the new Su irih j Duties Bill, ithieh was ordered to be cocoa] i tte t i this day. The illness of (lie daughter of V r io HOLLAND, which nece s s a rily p reven t e d tbeNo b er Lord from attending, and the absence of ot b Noble Lords, who have left town, obviatetio ljc o discussion, and there seemed to be so gOie rtil o t concurrence in the House as to the necessity the measure, that opposition app ea red to be Co y, sidered as unavailing and hopeless. certain property itt a Borough, who votes by vie tue of that burgage-holding." The right of voting at Grampound is in " the Mayor, Recorder, and Inhabitants paying scot And lot." It is so stated by WILLts in his Notitia Parliatnentoria, who, I believe, is considered as a wfltcr of 89111 - 9 iitt , and in general of great accu racy and there/Oit ;rites the authoritytof uhge in support of this definition. I shall, therefore, consider it as established. An inhabitant paying scot and lot is a person legally rated and paying to the Poor Rates, and is clearly distinguishable from an inhabitant householder ; and, indeed, it is quite evident, from the decision in the Peterbo rough ease, reported in the Third Volume of Mr. DOUGLAS'S (now Lord GLENdESIVIB) excellent Reports, that to entitle a man to vote as an inha bitant paying scot and lot, it is not at all neces sary that he should be an householder, which, I think, will completely prove that Tartu( is incor rect in stating that an inhabitant paying scot and lot to be entitled to vote must be a person " hav ing a certain property in a Borough (that is land, or some edifice upon land,) held by burgage te nure." Lastly, I will remind him of --a fact that he has forgotten, or pv r h a p s never k new , th at there are Boroughs represented in Parliament, in which are burgage tenements, whose owners or occupiers have not, as such, the privilege of, voting. _ _ I tear I have already too long occupied your at tention, Mr. E(litor ; I will not, therefore, fur ther detain you by giving you a definition of the words '' Scot and Let- tire precise meaning of which, I believe, is not generally understood ; but I will refer yon to an interesting Note on the Peterborough Case, in Mr. DOUGLAS'S Re ports, which I have just cited, where they are in geniously explained. In conclusion, Sir, I will only observe, that he is an injudicious advocate and supporter of our most excellent Constitution, to say the least of him, who speaks contemptuously of the rights and liberties of the Pcors-, and hails the preser vation of " ancient Iris (.-11 dignity," which all the evidences of history taught us to know cherished a system- of ty;a2ny and oppression, wholly incompitible with tret;onal happiness, in asmuch as it ebecke:i.tuv. rise of industrious inge nuity, discouraged coincc.-:rce, and rivetted the fetters of ignorance and siT, , r7lition. The Feudal System, however, has long abolished by the , Legislature, and TssrAx, I is the only man that would rejoice in its ,:evivai, or " be glad" at the discovery of any remaining vestige. PENIBERTON. Lincoln', Inn, Dec. 25, 1819. THEATRICAL REGISTER." Performed Last Night. TMEATRE ROYAL. DaultY-LANs.---The Dramatist: Vapid, Mr. Elliston; Marianne, Mrs. Edwin. After which (Ist time), Jack and the Bean Stalk. Tart.rae Roym.,,CovENT-GxtruE:v.—Gcorgeßarnwell ; Geo. Barnwell, Mr. C. Keruble ; Millwond, Mrs. Faucit. After which (lit time), Harlequin and Dui Quixote. TO CORRESPONDENTS. We have received the First of a Series of Letters from foNo- TUS to Joet But.c, on the Origin and Progress of British Rights and Privileges, which we shall endeavour to insert To morrow, as well as TENAX on the New Law of Libel, and other Favours. For the Proceedings of the House of LORDS, see the Fourth Page. [NNOCENTS.-A Holiday at the Bank, Exchequer, East India, and south Sea Houses. MAILS. AURIVEtt•-•-1 Dublin, 4 Waterford, I France, 1 •Flantlers. DUI:-2 Guernsey awl Jersey, 3 Holland, 1 Gottenburgh, 1 Haw burgh. HIGH WATER AT LONDON BRIDGE TO.MnitROW. \hulling, 2 minutes after 0. I Evening, 26 minutes after It. THE SUN. MANI QUIS DICERE EMAL/h1 AUDEAT LONDON TUESDAY, DECEMBER 28, 1819.