The Sun. — London, England, 1806-09-19 00:00:00

TO the EDITOR qf the SVX. SIR, paving heard much debate in various companies as to the eligibility of Lord PERCY and Mr. SnEra- VAN to represent the City of Westminster on the present vacancy, both being now Members of Par liament, I think it may be useful to publish the fol- Lowing Extra& from Mr. ILITsELL's Precedents, vol. 2, p. 68, with a few observations thereon : " A person eleaed and returned a Member of " the House of Commons cannot certainly, by " Law, be eligible for any other place, unless by " the acceptance of an office, or some other a& " he vacates his former seat. " At a General Eleaion, whilst the Writs are " executing together in all parts •of the Kingdom,. " it has been usual for the same person sometimes " to be eleCted for two, three, or four different " places ; and, when the House of Commons " meets, for such person to make his election for " which of these places he will serve. A particu " lar case happened in March, 1782—upon which " a doubt arose—a doubt proceeding from this " pra&ice at a General Election. On the change of Administration, a great many Writs were " moved at the same time, on the 27th of March, " for several places ; amongst the rest for the gr County of Surrey, and Borough of North " ampton. Lord ALTHORPE was chosen for " Northampton on Thursday the 4th of April, " and his return 'was brought into the Crown Office " on, the sth. On Wednesday the 3d of April, at ". a Meeting held to consider of a proper person to " represent the County of Surrey, Lord ALTHORPE " was nominated, and uniVersally approved of; and "' at the•Eleaion on Wednesday the loth of April, he was eleEted Knight of the Shfre, for that County.—ln this interval between the 4th and " 10th of April, a doubt was started, Whether it was necessaryfor Lord ALTHORPE to aCCePt,of an !‘ Office to vacate his Seat for _Northampton ? or, it whether he mis;ht; though returned for Northamp -11 ten, consider 6=4 in the same situation as he I " . 'wOld have been in at a General Eleaion, and be 'eleaed for Surrey, and then in the House 4f Cthntions make his election for which place he kc would 'serve? 'Several persons, and amongst those' some whose opinions deserved great consideration, mAintained, that there was no difference between this 'rise and that of a General EleCtion ; that a " Member in both instances was equally elected the ' moment the indenture of his return was executed; ; " and, as the established practice of the House had, in the case or a General EleCtiou, permitted a Member, though eleCted and actually returned for ll ' 'due place, to be eligible for another ; the same " 'reasoning ought to apply here ; arid that therefore " Lord ALTHORPE was eligible for Surrey, with " out Accepting arty Office to vacate his Seat for 4 ' Northampton ; arid they supported thiS opinion by " precedent in the year 1756; where the Earl of EUSTON was aaually elected for Boroughbridge and Bury, upon writs issued on the 4th and 14th " December, 1756, and 'made his election on the la Bth of January following.—Not withstanding these 4 opinions, and the authority of the case of Lord, EUSTON (which Mr. H. says, arose from the " neglea of duty of the Returning Officer), J could 4 ' not help considering this question in a different " light, and was clearly' of opinion, that Lord AL " THORPE being eleEted and returned for North " arnpton, was not eligible for Surrey Without first " vacating his Seat ; and having stated this opinion " to' the Speaker, with my reasons for it, he perlea " ly agreed with me ; and in consequence of his re " commendation; Lord ALTHORPE did, oh Monday • the Bth of April, accept of the Stewardship of the 4 '‘ Three Chiltern Hundreds, and did thereby vacate his Seat for Northampton, and was without op- " position elected for SUrrey on the 1 oth. The brit " for NORTHAMPTON was not moved till Saturday • the 20th, upon the principle mentioned in the first " note; under the next title, viz. not to permit Writs " to issue in the room of Members dead or accepting " Offices till the tithe is expired which the House "had limited for receiving petitions, complaining of " undue EleCtions Returns." , . • Mr. HATSTE LL goes On to qtate i that his reason for not making a distinCtion between the case stated and that of a General Elt , C.Aion, was, that in the former case the Writs were returnable immediately, and •the person returned becatne therefore imme diately entitled to the benefits, and subje& to al the incapacities of his seat ;,,and i n th e:ot h er case , t h e Writs being all returnable together at a future and " distant day, no power can legally take notice of the aetual execution of this Writ, I mean to this pUrpose, before that day:" From this EtateMetit, and the -Pietedent of Lard ALTEORPE, it appears clearly, first, That' without previously vacating a former seat no person can be le zally elebted to a new one; secondly, That the diS , tindion which has been made between the cases of Lord PERCY and Mr. SHERIDAN, - founded on the circumstance of the former not having taken his seat in the House, is not warranted. If the accept ance of an office be. sufficierit either. may • vacate in this way; if not, Lord PEttc;v's not having taken his seat will not, any More than in the - ease cited, enable him to stand for another place. • The . third . point therefore is the most important, namely; whe-, ther tbuch aa'of racat ib g, the seat can take effeCt during the Recess of Parliament, By the Ad - '24 'Geo.' 111. see. 2 chap. 26, the Speaker is only authorised to issue his Writ during the Recess in the two cases, of the death of a- Member, or his being called up to the Filuse of Peers ; the question therefore is; „. whether the acceptance of -an office by a Member, without the consequent issuing of the be suffi cient to authorise his elettiou for another place. On this point the precedent of Lord • ALTHORPE IS decisive,- as far as one precedent calf - be. His Lordship, it appears, was eleeled, and, as Mr. HAT SELL further says e , aanally took his seat for Surrey be- frre the Writ for Northampton, for which place he had preiottaly been returned, had been issued, or or dered to be issued. TGe result, you will percelye is, that no objec tion on the score of ineligibility exists as to either of the Candidates roc;ntioned. • I am, Sir, &c. Bcc. DECIUS. Two houses fell down this morning in Harp-lane, Tower-street; the particulars of which we have not been able to procure. IVESTIIINSTER MEETI.LI'G . . . . , Yesterday, pursuant to requisition, a very mime - - rOus and respedable meeting of the Ele&ors of Westminster took place at the Crown and Anchor Tavern. The room was quite crowded by 12 o'clOck. About half after, Mr. SI-lERIDAN, accompanied- by several of his friendS, was announced at the door, and he was received with loud applauses, which con tinued until be had taken his seat. Mr. WISHART being called to the Chair, stated, that it was the first time in his life he had ever felt reluCtant to comply with the request of his fellow-, citizens. The duty he had now to execute, ,he was ready to confess, gave him the greatest pain, because it naturally called to his recolleCtion the. grievous and irreparable loss which gave rise to the meeting. Without the most poignant grief; it was impossible for him to reheat upon an event which deprived England of its best friend, and the world, perhaps; of its best benefaCtor. At the present momentous crisis, such a loss must, he thought, be deemed as the highest national calamity—for the great man, who was so suddenly torn from the service of his Country and his King, was just engaged in pro moting a work worthy of his glorious life. He was endeavouring to put an end. to the calamities of war, and to secure whatever remained of ,the liberties of Europe from the grasp of one of the most dangerous Powers the world had ever witnessed.—After com plimenting the splendour of talent, the benevolence of disposition, and the urbanity of manners which distinguished Mr. Fox, and Which 'endeared the character of that illustrious' mats, not only to Eng land, but to Europe, the Chairman proceeded to describe the merits and pretensions of Lord Percy, whom he strongly recommended ,to the Electors as 'eminently qualified to till up th e vacancy occasioned . by the death of their late venerable and highly ve nerated repreSentative. To the memory of that great man he was persuaded the Electors could not offer a more grateful trinute than by electing Lord Percy, towards whose family Mi. FoX alwo.s felt. the utmost attachment, as indeed should every man who valued the constitutional principles for which that family, and particularly the father of the pre sent candidate, had been uniiorinly distinguished. For the Right Hon. Gentleman who was also pro . - posed to be nominated at this nieetin he enter tained the uunost respect, esteem, an miranon. f His qualificatio ns w e re undoubtedly sul. as would o serve to recommend him to the Electors of West mins upon some other occasion ; but on the pre sent, lamented that any dissention should arise. The Chairman concluded with calling upon some of the Gentlemen who subscribed the requisition, to collie forward and state the object they had in view. Mr. GRAHAM observed, that the • objeka in view appeared oti the face: of the requisition, which he re quested to have read from the Chair. The Requisition being read, O'BEYEN rose, and spoke to this etre& : As my course is quite clear upon this occasion, -thy address to you shall be very short. Under a 'belief' that Lord Percy was ineligible, I took the liberty of offering myself to your notice upon the present me lancholy occasion. If Lord Percy was ineligible, it followed that Mr. Sheridan was not less so. The ineligibility of Mr. Sheridan involved that of Lord John Townshend, as well as of many other friends that must occur to many of those who hear me, I,vhdm I should have infinitely preferred, even to myself. Since the publication, however, of my advertisement, I have reason to believe that I was mistaken on the subje& of the law respe&ing the point of supposed ineligibility ; and the eligibility of Lord Percy being ascertained, I have only to say, that I should as soon think of contending the repre sentation of Westminster with that Noble Lord, up on the present occasion, as I should, all ignorant as I am of the art of war, have thought of opposing, as the Commander of an Army; the Noble Lord's illustrious ancestor, Henry Hotspur. Mr. Q'BRYEN concluded with proposing Lord PERCY as an unexceptionable Candidate tipon tho present vacancy. Mr. COCKER rose to propose Mr. SHERIDAN as the most eligible person that could be chosen to succeed Mr. Fox, whose loss no man could feel more deeply -than he did. For Many yearshe had support e d t h at illustrious person, without any other reward than that which arose from the consciousness of having done right. Of Lord Percy he did not mean to say any thing whatever in the way of dispraise. He was de gcended from a noble and respetlable family, and might be aceptable to the Ele&ors of Westmin ster ,if a fitter Representative were not to be found. In looking for such a Representative, the Electors could have no difficulty, if they looked for a man honoured with the aiendship of Mr. - Fox, and participating in all his sentiments, who had fought the battles of freedom by his side, for a series of years, against all the powers of calumny and detrac tion; .against those who did every thing to injure and disgrace Mr. Fox, except bringing him' to the scaf fold. Against such a spirit and such a power did Mr. MeridaO - ._contenci' beside his deceased friend, for whose substitute he now took the liberty of recom mending him. If the Ele&ors looked for the sup porter of the Habeas Corpus Aft, for.the active ad vocate of the liberty of the subject, and the stre nuous opponent of oppression upon all occasions, they.must naturally turn to Mr. Sheridan. In him . the cpuntry had witnessed an uniform resistance to that Administration which he (Mr. Cocker) never had, he thanked God, the baseness to support. If the Eledors would honour with their choice, the illustrious man he had the pleasure to recommend, they might rest assured that he . would n ever dis honour their jud gmen t, or forfeit their good opinion. His. talents and public virtues were well known, not. only to the Meeting he addressed, but to the coun try at large; and' they had, as might: be expelled, .universally inspired esteem, admiration, and con, fidence. The Gentleman concluded with mov ing that the name of Mr. Sheridan should be put in nomination. The . Motion was received with acclamations. Mr. SHERIDAN rose, and spoke to the following effect " Gentlemen, Eleelors of Westminster—ln ,ad dressing you upon this occasion, I am afraid that be fore I proceed to the few observations which I feel it my duty to submit to you, I shall be obliged to commence with a request which I am almost ashamed to rttakefor your indulgence, ifin consequence of a short but sharp indisiiosition, from which I am just • recovering, my voice should riot be strong enough to be clearly audible ,to the full extent of this large Assembly. Upon that subject Which must t.. 11 all ' your ,windsupon the merits of that ill ust ri ous man, whose death h as occasioned the present meeting, I shall, I ran say hut little. Thcre must be some in terval between the heavy blow that'has been struck, and the consideration of its effeet, before any one (and how many are there-of those) Who has re vered and loved M r . F ox A s I h ave done, can speak of his death with the feeling but manly coMp6- ' sure which becomes the dignified regret it ought to in spire., To you, however, Gentlemen, it cannot be necessary to describe him--for you must have known him well. To say anything to you at ,this moment, in the first hours of your unburthened sorrows, must be unnecessary, and almost insulting. His image, is still before you—his virtue is in your hearts—his lOss. is your despair. • "I haVe seen in one of the Evening Papers what are stated to have been the last words of this great man--,' I die happy ;' then turning to the dearest objects of his affeation, I pity you.' But had an other Moment beenallowed him, and the modesty of his great mind permitted well might he have ex pressed his compassion, not for his private friends only, but for the world—well might he have said, I pity you, I pity England, I pity Europe, I pity the human race.' For to mankind at large his death must be a source of regret, whose life was employed to promote their benefit. He died in the spirit of peace; struggling - to extend it to the world. Tranquil in his own mind, he cherished to the last, with a parental solicitude, the consoling hope to give tran quillity to nations. Let us trust that that stroke of death wl?ich has borne him from us may not have left peace, and the dignified charities of human nature, as it were, orphans upon the world. From this of:- flit - ling consideration, I pass to one comparatively insignifiCant, yet it is the question we are met this day. to consider, namely, the pretensions of those who have the presumption to aspire to succeed him. An Hon. Friend has proposed me as a person worthy of that proud distinCti.m. I cannot deny but that it is an °flied of ambition, unmixed*, I think, with one unworthy motive, very near to my heart. I have - ,received a friendly, though public caution, that I may risk the confidence and attachment of my friends at Stafford by such a pursuit. I thank my monitor for his anxiety on that account, but he may rest assured that I know my constituents better. have before declined an offer of support for this City upon a general eletlion. My gratitude and devotion to my friends at Stafford bind : me to seek no other. I have been six times chosen by them, which is a proof, at least, that when - once cleated I am not quarrelsome with my constituents. .To attend to. their wishes must, of course, 'be An object of my peculiar solicitude, and to continue to represent, them,' the favourite pursuit of . my ambition, even • more, perhaps, than that of the representation of Westminster. ,But it is, not inconsistent with that sentiment, nor can it be offensive to the feelings of my constituents, that I should have offered my self to • your nOtiee , upon this occasion. For my constituent's mist f' el, that it is one .thing to be the representative of , Westminster, and another to be the , succeSsor of Mr. Fox. That, I own, I cannot but consider as an object of the greatest importance, of which, if I were not ambitious, I must be insensi-- • ble. Upon the present awful occasion, with such feel ings as I know ate clinging to your minds, hoping at most to palliate a loss irreparable —yet, searching with affealionate diligence how best \ to do so, to have been the object of your deliberate selection, would, I feel, have been to me an inspiring 'Motive, be yond all ordinary encouragement, to have shewn myself not unworthy of the• proud preference you had bestowed upon me. I fear not but that' my friends in, Stafford would have fully entered into this feeling, and not have considered my elevation by you as a desertion of them. " Having thus avowed my ambition, or My pre sumption, as some have been heard to call it, I have now to speak of my pretences. Egotism is always offensive, and I am happy that my Learned Friend has left me little or nothing to say op this head. He has stated, and I avow and adopt his statement, that my claim to your savour rests on the fact that I have, step by step, followed Mr. Fox throuoli the whole course of his ilolitical career, and, to the best of my pootabilities, supported him in everyone of those measures, and in the maintenance of every one of those principles, which originally recommad ed him to, and so lung continued him in your confidence and esteem. It is true there have been occasions upon which 'have clifered with him —painful' recolledion of the most painful M o m ent s of my political lif e '! Nor were there wanting those who endeavoured to represent those differences as a departure from the homage whict his superior mind, though unclaimed by him, were entitled to, and the allegiance of friendship which .our hearts all swore to him ; but never was the genuine and confiding' texture of his Soul more manifest than on such oc casions ; he knew that nothing on earth could se parate or detach me from him ; and he resented in. sinuations against the sincerity, and integrity of a friend, which he would not have noticed had they been pointed against himself. 'With such a man to have battled in the. cause of genuine liberty— with such a man to have struggled against the inroads of oppression and Corruption—with such an example before me, to have to boast that I never in my life gave one vote in Parliament that was not on the side of Freedom, is the congratdlation that attends the retrospb& of my public. life. His friendship was the pride and. honour of my days. I never for one mo ment regretted to share with him the difficulties, the calumnies, and sometimes even the dangers that attended 'an honourable course. And now, review thg my past political life, were the option possible that I could re-tread the trath, I, solemnly -and liberately declare, that I Would prefer to pursue the same course—to bear up under the same,pressure— to abide by the same principles —and remain by his side ; an exile from power, distinEtion, and emolu ment,'rather than be at this moment a splendid ex ample of successful servility, or prosperous aposfacy, though clothed with powers, honours, titles, and gorged with sinecures and Wealth obtained from the plunder of the people, (ApplausiJs) Grateful as I am for the . marinei• in,whieh you are pleased to re- , ceive my sentiments and to espouse my cause; I think it 11):1St have been obvious that I have in my mind 5n eager asire that contest and dissention should be avoided q . ll the occasion of the present vacancy. How is this be Qtll:6led but by one of the Candidates retiring • ;.'" ? man's pride tamy be piqued 'withotti his mind being induced to swerve ti - um the cause in watch. he ,ought to. peraeyere. Illiberal - warnings have been held Oet-e-most unau thori ta t ively I know-- a that by p s erseveriug iii the present contest I may risk my official Situation ; , and if 1 retire I am awaie that minds as coarse aed illiherel may assign the dread of that es my motive. To such insinuation' I shall scorn to make any other reply than a reference to the whole of my past jaOltticel life. I consider it as no boast to say, that any one who has streggled through Such a portion of life as I have, without acqui rine an office, is not likely to abandon his principies to re-' tali) one'when acquired. To be at all capable of :set= ing upon principle, it is necessary that a man shoul4 be independent, aedteeioqiependence, the next best thing to that- of being very rich,. is to hive been used, to be very poor. Independence, however, is no; allied to wealtb, to birth, to rank, to poWer, to titles-, or to honours. Independence is in the rniii of. a man, or it is no where. On this gromad, were I to de chile the contest, I should scorn the imputation that should bring the purity of my purpose' into doubt. No Minister can expea to find in me a servile vas i sal.• No Minister can expo from me the abandonment ef any principle I have avowed, or .any pledge I 'time given. I know not that I have hitherto sheunk in. place from opinions that I have maintained while in opposition. Did there al pear a Minister of different cast from 'any I know existing—were he to atternet to -exaCt from me a different condua, my offe.e should•be at his service to-morrow. Such a Minister might. Strip [tie of a situation, in some respea of considerable emolument--=but he could not strip, me of the proud conviction that I was right-e--1:e cenki, not'strip me of my own self -esteem—he could not strip me, I think, of some portion of confidence and good 'opinion of the people: But I aeo noticing the calumnious threat I have alluded to more than . it deserves. There can be no peril, i venture to assert; under the present Government, in the free. exercise of a discretion, such as belongs to the, pre sent question.; I therefore disdain') the merit !of putting any thing to hazard " If I have missed the opportunity of obtaining all the support I might perhaps have had on the pre-. sent occasion, from a very scrupulous delicacy, which I think became and was, incumbent upon we, but which I by no means conceive to have been a fit rule for others, I cannot repent it. While the .slightest asperation of breath remained on those lips, so often the.channel of eloquence' and Virtue---- while one drop of life's blood beat in that noble heart, which is now no more—l could nut suffer any friend - of mine, in anticipation of the melancho ly event that has occurred, to institute ,a canvas— could not,. I ought not, to have acted Other Wise than as I have aihne. " Now, Gentlemen, I come, with a very em-: barrassed feeling, to that declaration which I yet think von must have expeaed from Me, but which I make withreluaance; because, from the marked ap probation I have experienced from you, I fear with reluaance you will receive it. Ifecl myself tinder the ' • necessity of retiringfrom this contest. [Here Mr. She ridan was interrupted for many minutes by loud erica; of " No, no, no 1 I beseech you, resumed the Right Hon. Gentleman, to hear me with patience,. and in the temper with which I address you. Ther9 is in true friendship this advantage : The inferior mind looks to the presiding intelle& as its guide and landmark Wfnle living, and to the engraved memory of its principles, as a rule of conduct, after his death. Yet further; still unmixed with idle superstition, there may be gained a salutary lesson from contemplating what would be grateful to the mind of .the departed, were he conscious of what is passing here.. I solemnly believe, that, could such a consideration have entered into Mr. Fox's last moments, there is nothing his wasted spirits would so much have deprecated as a contest of the nature of that which I'notv disclaim and relinquish. " It was neVer ascertained to me until Monday last,,after this Meeting had been fixed, th„t Lord Percy would certainly be a candidate. My friendS hesitated in the hope that it might be left Co arbl-, tration which candidate - should .withdraw. The . t hope has failed.' I 'claim the privilege of nearest and dearest friendship, to set the example of a .saL crifice—comparatively how small to what it de mands—nothing could ever have induced me to have proceeded to a disputed poll upon this occasion. The hour is not far distant when an a weful knell shall tell you that the unburied remains of your revereil pa triot are passing through the streets to that sepulchral home where your king-yourheroes—yout sages and your poets lie, and where they are to be honour . - ed by the association of hiS noble remains'; that hour When, however the splendid gaudiness of public paae antry May be avoided, you —you—all of you will ha aelfariarshalled in reverential sorrow, mute and re fleaing on your mighty loss:—At that moment shall the disgusting contest of an Election wrangl e break the solemnity of the scene ? Is it fitting that any man should overlook the crisis, and risk the rude and monstrous contest ? Is it fitting that I should be that man? Allow me to hope, from the manner in which you have received the little I have ' said on this subject, that I need add no more. Yet - still would my purpose be incomplete, and my remon strance inconsistent, if I did not, at the same time that I Withdraw myself, urge you to take the measures most propitious to prevent the tranquillity waprepoae from being destroyed by others. To:me there seems no mode so obvious and. decisive as adding your suf fringes to the countenance given td the 'Noble Eatl who has the support of those Ministers with avhom your -late illustrious Representative lived and died in the most perfed confidence and amity. I turn ' to him rejoicing that I shall not be his antaginist— I nirn to him with respea due to an early character of:the highest proMise—with the strong asslirunce of those qualities which. engage at - Tea:on, and com mand respea=on these, grounds I,` for one, shall give him my cordial support. Gentlemen, I have now executed a difficult and painful task—yet one duty more remaitis—not painful ,but a krateful,one—yet one more difficult, perhaps, than that which I have left—it is to endea vour to express to you those sentiments of sincere and eager gratitude which your volunt a ry prof - I - erect Support, and Your indulgent acceptance of what I have this . day submitted to you, and which is inde libly imprinted on a heart net formed to he unthank ful. ..A.a a .public man, I feel that your approbatioh rewards my past efforts, and it shall be the anima tion of my future endeavours." Mr, MADDOCK deprecated the resignation of Mr.