The Sun. — London, England, 1804-08-10 00:00:00

MAILS. nut. Ilaynburgh i ♦RRIVID, • • *I. v. we 0 PRICE OF STOCKS, THIS DAY AT TwELvt o'cLock. Cons*lii 57 I Red, AIM, 571 Om . n. 151 THE SUN. SOLIIM QUIZ DICI.IOI YALSUNI AUDILAT ? LONDON, AUGUST Jo, 1804. We again most sincerely congratulate the Friends. • of the lititish Constitution on the result of the Eleetion for the County of Middlesex. It is the triumph of order, of decency, ',and of Constitutional Liberty, over perjury, .sedition, and anarchy.-- W . e were perfealy convinced, during the whole of the EleCtion, that a very large majority of theleal Freeholders of Middlesex Were, decidedly hostile to theprinciples of Sir FRANCIS BURDETT; but We Conies' we did entertain .some apprehensions that he would still succeed in °Weaning a colourable ma. jority , at the close of the Poll, and our apprehen. sions were founded upon a knowledge of the despe. tate and scandalous prodices that were resorted to by some of his friends, for the purpose of procuring votes. Intimidation, bribery, and per. jury, were cemsidered by some of. the Casuists of that Party, as justiti.ible means to produce so glorious an enel as the return of Sir FRANCis to Parliament. That intimidation has been in many cases successful we have no doubt. Many per. sons were absolutely deterred from going to Brent. ford to vote for Mr. MAINwARING, from the apprehension of personal violence from the hired tufa tns who daily surrounded the Hus'tings. The Law has vary widely provided that' tlte Military shall not be present where assy Elettion is held, in order that there may be no restraito upon its fieedow ;' but' it ought also to afford the means of preventing desperate hired rabble (who are .not Freehold,:ri, and who claim no right of voting), from interfer. ing with the freedom of Eleetion much more iff 7 : c., tually titan the presence of the Military could pos sibly do. One of the .most barefaced tricks which the friends of Sir - FRANC'S BURDETT had recourse to doting the Elettinn, was (conscious of their own want of respeCtability) that of boldly limiting of the names of persons' of rank and cltiiraaer, and as. setting that they were favourable to the cause of Sir FRANC is. This was the case with the Duke of VOltrittrtsttlittLAND, the Murchioeess of SALis:. BURY, and many others. The names of Gentlemen were pot LioAi; as Stewatds at Dinners, .who never gave tlieir consent, or were even spoken to on the suhj it. The name of Mr. BYNG was used, with she most persevering and unblushing impudence, not od it hstanditig „ his public declaration of neutrality. His Colours were displayed until the very last day of :lie El ether, when he was publicly demos seal the Crown and Anchor, amidst the loud acclama. tions of a large party of Sit FRANC is':. Friends. in die anguish of disappointment, the defeated' Party threaten a Petition to the House of Com. jn iris We hope they will keeps their word, because we are convinced th.st a stria investigation will very much augment the M.frity c I Mr. MAIN. wisalso l .. l In the mean time, we hope that a List of the Voters will be published, together with each man's assessment to the Land Tax, which, we are convinced, will Spew that the proportion of property in favour 'of Mr. MAINWARING is at least five to one. With regard to Sir FRANCIS himself, we are by no means willing to impute to *him a participation in, or even a knowledge of, many of the shameful prodiees of those who call themselves his Friends ; We consider him as an objed rather of compassion s than (It resentment, and cannot but lament t h a t hi s weakness and vanity should have made him so easy a dupe to men, who are really as great enemies to him, as they are to the Constitution of their Court'. try. Yesterday morning His MAI err?, and the PR TX. CESSES SOiht.llA and Amet.ra, with their usual At. Tendants, took an 'airing on horseback in Winslsar Great Park. 1 1 ,2 R MAJtiTY and the other PR<IN• CESs Rs took an : t aring to Frognore. MAIII4TIES and the 17KINCISS'ES, it is said, will visit, in a few days, the 141artiuis and Marchioness of STaTiroßti, at their elegant seat, Trenthatn.4llll, Staffordshire, Yesterday, at two o'clock, the Neapolitan Am. Instatiur anti Lord 11AligOWBY had an interview uihNlr,Purr, List night the Queen's and Knightsbridge Vo. lunteers acre under arms till a late hour, The Board of Ordnance have directed a Magazine to be inithettiately meted at Wotton, near Glouces. ter tti whit.ll pine, as soon as completed, th e d e . Cu putviter. and Military Stores, at present lodAtti in trot City ) will be removed. NAVAL IvEWS. PORTSMOUTH, AUG, cf.—Arrived' the Owner's Goodwill, HI L!., from Lyming ton ; and Friendship, HARR 15, from Sunderland. Came into Harbour to refit, His Majesty's Ship Dragon, from Spithead. His Majesty's Sloop Fahov i which ariived here with the Convoy from Newfoundland on Monday, spoke the his and Convoy, nineteen days ago, jus t off the mouth of St. John's, all well, after a passage of twenty days. Arrived the Phrto Sloop of War, from a Cruize. Sailed the Alonzo Sloop of War, on a Cruize. The Princess Charlotte Schooner is ordered to St. Helen's, to wait there to' take Dispatches. DFAL, Atta. 9.—Arrived the Ariadne, from the Bombardment of Havre ; Britian., from Dunge. nets ; Boxer, from Portsmouth, and sailed fur Oscly Bay. Sailed the Bloodhound and Archer Gun-brigs, to resume their station off Boulogne ;, the batnortalitl off Dieppe ; La Ponlette for Portsmouth ; Hay)) , Sloop off Calais ; and several of the East India Ships fur the River. Arrive. the Sheerness Lighter from Dover, Arrived the Bonetta Sloop of War, with the Mel: pomeue, London, Aaive, Britannia, Ta tar, and Flora Transports from Leith, with two Battalions of the Royal Irish, going to the Encampment at Barham Dawns ; the Transports went itito Ramsgate this morning to disemba , k the Troops. - Just arrived the Abundance Store Ship ; she part. ed 110111 the liotwward.bound ,Jamaica Fleet, con,' sitting of about 157 Sail, under convoy of the Du Qmerne, and BelAnpbon Mn-1. of War, on the 23 , 1 July, in a gide of vvi,id and thick f'g, in lat. 42. 56. long. ¢t. S S'. n the Downs —Moriveh, 1/trecht, Plantagenet, Inflexible, Ardent, Verer n, Rouniq, Foryallis, Leda, Castor, Cham pion, A Vviwer, i)re4t,:s, Sxiuige, Sulphur, !jury, M iuer, Wangler, Haughty, Minty, Brui4er, Blazer, Ply rwiiith I raiisport, Yarino.ith and SllCerlieSs Lighters, Prin cess Royal Anima Transport, Armed Defence Ships as per last ; Union. Harriet, and IL , Jril Keith, East India Snips, for 1 ndia ; !Jai ilia Cartel, and several of the hoinewarct-bound Last I ndia Ships - whin arrived yesterday, Chtit Nocx, AUCt. Jamaica Fleet ar rived this morning, viz. Belte'islr, DouG.L As ; Iler. cuffs, CRAwFJRD; Menie, MT.2l.l.Att ; Herbert:, GEORGE ; Ditrt, ; Ajax, STEWART ; Sir Edward ADAM ; Sisters, BRowN ; Mar. garet s, Diana,`: BROWN, after a passage of six weeks. A number more of the Fleet are below, names an. known. Arrived also, since six this morning, the Bri tannia; Cols from Newfound„l'and ; and Pam', BRowu, from Lisbon. Another of the Lisbon Fleet is slid to he below. • The Prardy.litoe.M;ller, CowNs, arrived on Siturday I tst tram New. York, after a passage of 28 days. the Cambrian and [l9l/9n, crnizing off Stndhook ; and on the zBth ult. in lat. ss. long. 19. the Sliip ,Nettune s . fur New Proviiknce. The Pitt, CAMP nF.I,L, was expeCted to sail in three weeks from this Port. Letters, dated a few days since, were yester... day received from Captain Ltwi4, of the Royal Marines . of L'lmpeteux, 84. guns, stating his heiog safe and well on board that ship, after getting off from the Glenan Islands, where he had been shoot. ing rabbits; so that the account of his being nude prisoner was premature, though he had a very nar. f w escape. _ Letter's ,from on board the Hazard Sloop of War, Captain Nava, dated at sea, state, that she spoke 'with, bn her Cruize, an Americrn Ship from St. rnit,tr, for 13 nirdeaux, with 440 French' met. chants, and their tamilits, fugitives from the mas. SaCte of DEsSALINHS, which they escaped by a mi. facie almost, and got abOard the American ,Ship, though. with very !kite of their property. They, siirthe rnaslacres and murders were dreadful, in the Highest degree of atrocity. The. Zillah,' ,of 4o guns, Capt. ScrilT, is appoint. eJ as a tririziag Frigate for the protetlinn of the Coast of Cornwall, from Falmouth tolhe westward of Scilly. On Monday the'23l ult. was launched, by, Mr. R,. DAVY, at his Shipuitight l 4 Yard, Wear, 'near Top. sham, the Gun. brig Safeguard; and on Wednesday the 25th, (tom the Yard at Mr. 0. AYi.se, the Gun. brig Piercer. They are two of the numerous class now building in various parts of the Kingdom. There are also building at Topsham three vessels of the same description, and three Hrigantines of War, calculated to carry eighteen 32. pound carronades. • This success of Royal George, in its attack on Admiral 1.4 Noes, may be eittiiileted as a good omen of what the friends of ROYAL Gsoll GI would inflift on the nayitnidons of BONAPARV, if they dare to profane the shores of this Country . with a hostile foot. The French have Fong been admired for their ex. cellence in dancing, hut Admiral 1.4 NO ts has found that our East Jfklia, Company has a better. DANC than any he knows, and that British Sailors Of every description are good at a Ball. A Gottenburgli Mail arrived yesterday, but its contents are anticipated by the last communications from Hainburgli, Fralice, and Prolland. It con firms, however, the report that, the Russian •Fleet hav sailed from Revel, One divisirm is to cruize prole& Holstein' from the at tempts off Bor.holm, to of the Preach, whilst the ether is supposed to have sailcti fur the North Sea, MIDDLESEX ELECTION. BRENTFORD, TiIIIASDAY, Auc. 9. nits morning, at nine o'clock, pursusnt to the adjournment yesterday evening, the Sheriffs attend. cd at their Court on the Hustings. Mr. TEDDY, one of Mr. MAiNwmtlNG'sCoun. sel, offered to the Sheriffs a protest, signed by Mr. MAINWAR !NO, and • several of his friends, Freeholders of the County, against the decision made by them yesterday evtning, in favour of 're ceiving such of the Votes entered on the Poll books, as. tendered for either of the Candidates, so far as the same should be substantiated on a due investi. gation, alledgiog that the Sheriff's were bound, by the Eleaion Law of the zsth of His present Ma. jetty, to declare upon the numbers as they stood on the Poll-books, at the final close of the Poll at three o'clock yesterday. Mr. PLoMER, on the part of Sir FRANCIS MI K. DRTT, : objected against the reception of this protest, upon the ground that it called upon the Sheriff. to rescind a decision which they had declared yester day, after a NI hearing of C.ctinsel on both %idea ; upon which decision Mr. Mitt Nwka acts Counsel' had themselves acted for their Client, as well as the Counsel on behalf of Sir FRANCIS BURDETT that three of the objected Votes on the part el Mr. MAIN wikg INC had been established in conse. quence, and eleven of the rejected Votes on the part of Sir FRANCIS BURDETT: that, in fact, the ground upon which the Sheriff, were now called on to rescind their decision, declared , and carried into practice Yesterday, was precisely the same question over gain ; and he desired, therefore, to put it to their own good sense and consistency, Upon what principle it was that they'conld be war. ranted to rescind one hour the decision they had made the hour before on the very same point ; and to what end it was that parties were to eon. tend for an issue, where the principle of jurispru dence might vary every moment. Ha contended that the private arrangement made by .the Sheriff% ) for their own convenience, to bring the Free holders, whose V o tes• were objefted against, round to their box, instead of deciding npn o t he m a s th e y came to the Poll-book, upon winch the Freeholder had a right to insist, ought not, in jo,i lee, to do. prive the Freeholder of the benefit 01 his Vote, nor the Candidate, for whom he voted, of the ovan. tage : that, in this case, the Freeholders having consented, for the convenience of the Sheriffs, to come round to their box, did so upon the faith of those Sheriffs, that their claims to the right of voting would be quickly and fairly examined and decided upon: their names, with their residence, and the• situation and description of their Free. holds, and the person for whom they tendered their Votes, were entered on the Poll-book ; they had de clared their readiness to swear to their Freeholds; every thing had been done on their parts that could, he required of them—they had attended there day after day, at a considerable degree of in. convenience, loss of time and expence, in 111,ea of having their .qualification inquired into and de cided upon ; and if nu such inquiry or decisi , in had taken place, the fault was not theirs ; and there fore, they ought not to.auffer a privation in the exercise of their invaluable franchise, when itie) had done every thing to support it which de. pended on them; and when the Snerkfi, only, urn whose faith they had. consented to postpone their Vote-, in order for investigation, had i revent. ed them from voting, by not' having so investi. gated their claims before the final classing of the Poll-books, at three o'clock yesterday. In W . " ness, in justice, and in common sense, they were, therefore, bound to follow up the decision whicii yesterday they had declared and acted upon. _ _ . Mr. Tr nor argued, that no ingenuity of his Learned Fund could p reva il aga i nst t he positive Statute of the 25th of His MAj,,ty, cap. 34• IV. which it was mute imperative oo the Ref urniog Ofh. cer to keep open the Poll-hooks for fit teen stlyit, troin. the commeocernetit of the Elfction, for seven hours each day, and to close the Poll-hooks fluidly At, o r .bel9re, three o'clock on the fifteenth r,t," there was any meaning in the words'jaa/ cirde, nothing could be truire clear to the 111Calici t c understanding than that, after the ti;tat of the Pull yesterday, the Sheriffs bad no, r;al ;rower whatever to 'receive, a single-. Vote l ,(„ s . go into any investigation on the validity ot--inaa. lidity of any vote tendered in the course e..s.ri t e elettion, not already on the Poll, with , a vies. - being added thereto. The decision last night was ting . which unfortunately proved, that any devia., lion from the law estahitshed on the case wr:s a lapse into error 'and confusion.; and the shortest way to prevent still (wire confusion would he, to tread back the road of error, rescind the proceed. ing which had been adopted, and abide by the letter of the law.—What his Learned Friend pro. posed was a proceeding .unknown to the law, sm. known in precedent, and absolutely without a name. It was not a ,Poll, it was not a Scrutiny ; he wished therefore, to know by' what name his Learned Friend called it ; but at all events it was utterly contrary to the law. . Mr. PrOOOT followed on the same side, and con.- tended that the decision of yesterlay was co' irary to law, and that the Poth.books were finally closed at three o'clock ; and, consequently, that the' Sherifft were bound to decide upon the nurnhers which appeared to them as established legal vote..—n the Poll-books, without proceeding,' which they had no longer any authority to do, upon any illy :iry respeCting the tendered votes, which those persons who had tendered them Iliad ample opporruntties ref having investigated whithin fourteen whole (Jays, The law required that no vote could he receiv that was not preceded by the Freeli.tlders and Bri bery Oath; now the Shitiffs' authority to adminis, ter these oaths ceased with the closure of the Poll. hooks ; and therefore any person who came fqrward, at this time, to take those oaths before a person not authorized by law td tender them, might safely take a false oath without any apprehension of prosecution for perjury ; and consevernly persons might •be brought forward to swear any thing with impunity, and give their votes so as to overturn the election of the Candidate fairly entitled to the return. Mr. PLohttit replied to both, and cuntended, ~~ that the . proper comtruelion of an ,Ate of run!. , ment was not according to the mete letter of a par ticular sentence in an Al, hut according to there neral spirit of the whole taken together. That ac cording to this principle the words " final close of the Poll," were by no moans to be taken in the ex tent laid down'by his Learned Friend, but merelf meant that the Poll must be finally closed at of bee fore three o'clock on the fifteenth day of eledion, as with resped to the admission of any votes not already entered on the Poll.books ; for he would fully admit that any person coming to tender bill _ vote after the Poll-books were so closed, would' cope sou late, and could nor legally be received. lit the case was - totally diff:rent with regard to per'son.wliose names, freeholds, and votes , v ale ' already .entered on the Poll, and incomplete, not from nny omission of their own, but from the dell of the Sheriff', in not having investigated those votes - . .: time enough (mitre the cl..se of the Poll, to render them effcttual for the Freeholder and the Candi d ire in whose favour they ' were tendered. Th e Sheriffs, therefore,, in coming to tie decision which they had declared and acted upon yesterdaYs ' 6l no more than in fairness, in ecotity, in 'law, and ia common justice, they were bound to do in relation to rue!) who, in compliance with their arrargc! menu, had been deprived of every oPPu rill .; Pity of rendering their votes complete , . an d • . nor from any omission of their o wn ; Al e . ' votes were, to all ietents . a! d purposes, a l b" ready entered on the Pol, and any o a th tu Y au. •mirlstered, had, in all legal usage and con%tt"e' tion, tetrospec k ive reference to the moment Oaf were tendered at the Book, and were to be con: sidered as trinsadions of one and ' the same ow' merit. His Learned Friend was at a loss to knot( whether the proceeding he recommended was to he cdled a Poll, or a Scrutiny ; certainly not 111 latter, because a declaration of the numbers., 3^ .l ° :- of the Candidate returned, must • precede • what , law, woos called a Scrutiny. Its proper name was an investigation; similar to that which had occult)! rallied toe whole Poll from slay to day, whi ch was, in justice, as necessary with reaped to any votes tendered preceding the close of the Poll yes' terday, as with reaped to those bf an'y precediab day ; and if it be 'closed, consistently with chefs° consrrudion and spirit of the Law of Elution, Of Returning Otlicet disposed to make a partial or corrupt return to Parliament, would liencefin lvara have nothing more to du than countenance such :. number of lrivolous or general objedions 10 v°l ! on the last day of •the Poi!, as it would be jull l „`" i i i i . .. ble to iov.estigate before the fi nal close of the YIN books, and c nsequenily render it utterly iinr a !'" ticable for the Catalidate he disliked ever to o btain a in ijority over his antagonist. arguments i‘dlt.Pic ; c a ° nd T r th r e e after temaieing s )me time in consultation with their A•sess It, came I,rward to the Hustings, when the . I G i o je u 'i r ' t litieiinsguPcileuTtrtedo,f thhei4Slf:rri....:4' Ulder.Seeriff 'sad to the inul;i:ude the fullosviolV • . decision : " Freeholders of Middlesex, you have W il called upon to chuse a fit and proper person to reps e ; .' sent you in Patli ,meat; and two Candidetes /la s i :, been put in nomination for your choice, via. : s FRANCIS BURDETT, Bat. and G EO RGE BOLlil c , MAI NA AR I NG, E:q.—An E!edion . has b een r • : seeded upin, and the Poll ft, conconcluded y e C B day, is hen the numbers were as follow : Mr. MAlNwAplivo . .., . - afizfl o u• Sir raaNcis Buatourr . - - 3873 Majority - - S " The Sheriffs have therefore declared Giotto ] BouvroN NIAINWAR 'NG, Esq. duly eledetl." is Sit FRANCIS BURDETT :and Mr. MAT NWAIO Sv were bothok) iliz ttustiegs, but neittler attar' d to aidress the Perve, tC is Mr. Ceteeoto, as Counsel for Sir FaM 130 RD err, dem anded of the Sheriffs that leave i- b ll I given for 4ln Agent lot each s ide to rev i se el ' ''' laJoks, apd rte .out the number o f votes for " -II e:antl i tl i ats, 'tro t the application was feje6te 4l * The Court was then dissolved by Pruclanuti°"' The i!ecision of the Sheriff's must naturally' he surd r„ed have excited the bittere st ra ge in - ' ..'os 4:lCridl of Sir FRANCIS BUR D V,TT, and th ino e " -1 1 1 snigerly twaitrd in 'hopes 'their favourite , would be successful. Sir Fa ANGr. B uRD S r'r NO m irtified that be was unable to address the 11 ' 4 ' tittide. Orators, however, were not wanting. IlAat TOWN,UFND, , vith nod) fury as rended at,„fgst hardly articulate, atunted upOn a coach' xr and uttered a more abusive sieelam ttion.sivit”„ t SherA thin perltps was ev er directed ii• he Offi:e!-s the sa tie isimaiion before. fir 1 1 ` 7 1 : ociunced their csindi,:t , shameful, IiCIiiCIAOUS, and u just, and thr?a coed to prosecute *helo t ' • they should appear as back as pitch, and Sir - Fit Ar'. l : as bright as day. W; ust, Imvever, th,it cve.s l " l ': y e will support their own charaners, as Jhel :6 ) 11 dune the Rights of Eledlinit,' and that theyl endeavour to make Mr. H ARI T9wN-HIND 4 . swerable for such an attack upon their official 0 din% Me. • l'oWN.ttEbro proceeded, and r ee 4 wended peace and goid order to the mob, . al lo t j e li themrhat otherwise the opponents of Sir Fit A", e , Were prepared to take away their livet, .by un c `• o l ritutional troans, He ,repeated this sliocki l 4, , a p ct daring assertion. We must Ag Ain express 0011 : ) . '0t that such indecent language will pass 04 1, 0 . notice. After other .elieuvint effusions of ,;es, pointed rage, he assured the mob, that their property, lib4.rties and riglus, Could•not be in b` pc hands than in thnse of Sir FRANCIS* Be rbfc re d. concluded he admitted that the Sheriffs had d ec ' , 3 l ' that if a riot orcurred they would only re.' lr ol v the Civil Power to supptess - it. Mr. To s hirr!' elf said, that on this•declaration lie had nate ( ' A ge tinbc sworn as a Constisble. After Stich 1 1 1 0 0 it was not very likely that he shoulsi be,ool in such capacity. • Mr. TOWN.HEND was ' followed by , hO o Moß.4,' Member fur Coventry, who achlresse- t oo rabble from a similar tribunal. He was 19 112 S 1 0 0 lent as vlr. TOWNSH ND, btlt leis l a n 1 % 0 mush -more c , ar,e and vulgar , as if, inderaL y e lie never had the advantage of a schoolaid gave an account of the transactions of the'Prct„cto day in inch a manner as to represent Sir 11 6 , hi fti as the viflitts of partiality and injustic , '. 14°