The Express.
London, England, 1850-01-03 00:00:00

OF MAGISTRATF.B IN

BOROUGHS.

A ear
"1 ropeadast, molardent, date, Birmingham, Jae. 2,
tort, "I
aranaatt yea y a report oorreernelenee
Manus to an affair wid Mu excited sa Datesense stir Dere
during Wiese two manthe. The matter has been prodve •
dr*
d the blttereess sad bad feeling that I have aw-
fully alemakel sesoneekaing to It hitherto; now, however,
it his emelined seek se aspect that it could not properly he
passed by.
The 'Mita documents will almost telly explain the sab-
rre but it will be better that of the filets I should give a
ief rimmed. In the year 1847.8, the *Su of mayor ages
town was filled by • gentleman named Owls. In the
muss of hie mayoralty Mr. (leach lewd (as he alleges)
that the duties of the megistrael won hydahhihilY
performed, because of the repeated ne-attendances of
the inetiees as the Pahlie-edles. Mr. Desch, finding the
duties onerous as regarded himself, and seeing the increasing
difficulty of seeming a sufficient attendance on the parted the
gentlemee who were is the commission, conceived the idea
of seeking at the hands of the Lord Chancellor an infusion of
new magistrates ; before, however, he was enabled to carry
cut his purpose, another gentlemen named Thornton sue-
'seeded him in his offios as mayor, and to him Mr. Ouch
communicated the difficulties in which he had found hint-
self placid, and the project he had conceived as • remedy.
Mr. Thornton at ones entered into the matter with spirit :
the borough members were communicated with, and at
their request Kr. Thornton wrote an official
letter contaialng an application to the Lord Chau:tailor
requesting hie lordship to appoint • dumber of new magis-
trates for this borough. A list of thirteen gentlemen was
enclosed. Mews. Thornton and (huh Including their own
names The letter was forwarded to the Lord Chancellor by
Mr. Seholefteld, M.P. and some two months since the town
clerk received an intimation from the Lord Chancellor to
the effete that the thirteen gentlemen named in the applies'.
tion made to him had been added to the OIDUMIDiOn of the
peace.
It is proper to mention that neither the acting magis-
trates, nor aey other person whatever, was consulted on the
subject by Messrs. Thornton and Geier, who concocted their
own list. Immediately that the new appointments were
made known is Birmingham the town council took up the
matter, and appointed a committee to inquire into the entire
eirencestanees. The result is the correspondence and report
appended.
I here introduce the report of the town council committee,
together with such documentary evidence connected with
this remarkable affair as tends to throw a light upon it :
The cornatittee appointed by the council to iovestigate
all transactions relative to the recent appointment of
borough magistrates, and to consider and poiot out what
proceedings (if any) .hould be taken in this matter, report
that your committee after taring the setject into considera-
tion, and it having been stated to the council that the
memoers for the borough co-operated with Alderman
Thornton sand ()each in procuring the recent appointment
of borough magistrates, one or both of the metaben having
been previously informed that the list was a secret produc-
tion unknown to the council or any other body, your com
mines deemed it desirable to resolve that the members for
the borough should be respectiully requested to in-
form your cemcnittee what part (if any) they took
in promoting the said appointments, and whether
they were previously informed that the list wu a Cont.:M-
D= of the said two aldermen without the consent, ape
proval, or knowledge of this council, the bench of magis-
trates or any other body, and directed tho town clerk to
transmit a copy of such resolution to the members for the
borough.
"That your committee submit for the information of
the Council copies of letters revived from the borough
members in answer to such resolution:—
" Lee Hall, near Birmingham, 14th December, 1819.
"To Solomon Bray, EN.,
4, Er,--1 have the pleasure to acknowledge the receipt of
your latter of the I leb instant, enclosing a copy of a reaolu
thin of the Town Council, and have much pleasure in stating
below all that I know of the proceedings connected with
the recent appointment of magistrates. The late mayor
called upon me some time bolt spring upon other business,
and then told me that they felt • great want of new
magistrates in Birmingham, aed wonted a list, which he
showed me laid before the Lord Chancellor, that there
was some difficulty respecting some of the parties, but that
they had canvassed the list over among themselves, and upon
the whole thought it • lair one, l replied that I would
speak to Mr. Senolefieti upon the subject, which I did, and
we agreed that we could take no steps in the matter, unless
we hod an official letter, requesting us to lay the list before
the Lord Chancellor, which the mayor promised to send.
The letter was sent to Mr. Scholefield, who showed it to me
one; evening screws the table of the House of Commons
Library, and coked me to accompany him some day to the
Lord Chancellor. We went to the House of Lords one
morning shortly after, one Itarntthat his lordship was very
unwell, and could not he seen ; since which lime I have :no
recollection whatever of ever havit.g heard anything more
upon the subject till about a month ago, when I first he and
that thirteen magistrates had been ape. Wed. With respect
to the town council having been consulted or not, nothing
was said to me, and certainly if I had supposed that Mr.
Thornton had applied to me as an individual, I should not
have entertained the subject a moment.—Yours Isith•ully,
0. F. Myers."

" Birmingham, 15'b Dee., 1849, Saturday.
" Sir,—ln reply to your note of the 11th instant (received
on my return from London), containing the copy of a reso-
lution Famed at a nee lag of the ' Jur ices' Investigation
Committee,' I beg to state that, in common with Mr.
Maws, I was some months ago informed by Mr. Thornton
and Mr. Gooch that, owing to a di fic:ency in the num
ber of acting borough magietrates, it was necessiry that
an addition should b, made to the commission. Me.
Monts and myself made it, at their request, our especial
business to endeavour to see the Lord Chancellor, and learn
Ibis views as to the firm in which the application should
be made. On calling, however, at his rooms en the House
of Lords, we were told that his ill health prevented his
giving us the required interview. On communi ating this
result to Mr. Thornton and Mr. (leach, they stated that the
matter had already been inconveniently delayed ; and was '
then, I believe, that we ugg sted that an officia.* letter
should be written, signed by the mat or and • x•msyor, which
we might forward to the Lord Chancellor. Such letter was
given sad sent in. I must add, however, that though I was
well aware that the town council had not been consulted as
• body, I oertaiely did not at all suppose that the names re-
commended by Mr. Thornton and Mr. Oath were selected
solely on the responsibility of those gentlemen. With the
names recommended, neither Mr. ?ducts nor myself inter-
feted by any suggestion whatever. Finding my own name—
though without previius communica ion with me—inserted
in a list of magistrates who were non-acting (through death,
absence, and other causes) and having ascertained that
the Lord Chancellor, in similar else', was desirous of issuing
new commissions, with the names of such parties
excluded, I certainly intimated, both personally and by let-
ter, to the Lord Chancellor's secretary, my entire concur-
rence in such exclusion as regarded myself, and in my con-
sequent removal from the bench. But with this exception,
seeing that the principle on which the selection professed to
proceed was, so tar as I can remember, distinctly laid down
in the letter addressed to us, and appeared, generally, an
unobjectionable one, however open to question as to the
parties who ought to have put it forward, no suggestion of
any kind was, I believe, offered either be Mr. Mime or my-
' eel/ These are the main points within my recollection. If
then be any others on which the committee require further
particulars, I held myself reedy to give them in the most
complete and unreserved manner. After reading the
'riflemen's recently employed on this gelation, I
cannot help regretting as much as any can do
that the direct course of an application through the town
council was not adopted by Mr. Thornton and Mr. °each.
But in expressing tkits opinion, I have no desire to evade my
full share of blame, whatever it may be. for having, from
want of more deliberate consideration, sanctioned, however
remotely, a departure from so wholesome a practice.
' am, Sir, yours faithfully,
" ' WILLIAM SCHOLI.IIIL.D.
" The Town Clerk, &c., &c., &c.

" That your committee also deemed it advisable to resolve
—That Mr.Ald. Thornton be respectfully TN:loss:int to favour
your committee with a copy of the official letter sent to
Mr. Schoiefield, Di P., containing the names recently recom-
mended as new magistrates ; and to tarnish your committee
with copies of any communications he, as mayor, had re-
ceived from any member of the government on the subject
of sub appointments; together with any other information
as to the ste pe he took in promoting the same, and directed
tho Town-CUrk to forward a copy c.f such resolution to Mr.
Alderman Thornton. And yoor committee submit for the
further information of the council, copy of a letter received
from him is answer to such resolution—
" Binning' em, Dm 14, 1849.
"Sir,—ln reply to your communicaqoa on the 11th Mgt,
I beg to inform you that I have not written any official
letter to Bcholefield, M.P., on the cubed of the new
magistracy. Mr. death and myself addressed a letter to Mr.
Mutts and Mr. Bcholefield,at their moist, after a conversa-
tion with them, and this is doubtless the letter to which the
committee refer in the resolution, of which they have sent
sae • copy. I find I have only the rough draft, and aa it is
possible the letter was not an exact copy of that draft, to
avoid any future charge of misrepresentation, I must refer
you to the members for a copy of the letter itself. Ido this
with lose reluctance, because it appears to me right that it
should come from them instead of from me. I beg respect-
fully to state that there is no further information that I feel
sailed upon to give to the committee.
" I am, sir, your obedient servant,
"8. Bray, Esq., Town Clerk. " Batont. THORNTON.
"That your committee regret they cannot avoid declaring
that they consider the letter of Mr. Alderman Thornton,
wherein he declines to answer almost 111 the inquiries of
your committee, is not such a communication as they were
eutitkd to expect from the late Major, in reference to an
important transaction in which he, as Mayor, was principally
esteemed. Treat your committee is of opinion that Mr.
Musts, in taking a part in the recommendation of
new justices, was kept in ignorance of any fact that might
load him to suppose that such roommendation had not pro-
ceeded in the usual manner through this council; and your
committee is of opinion that Mr. Aldo man Bcholefield,
M.P., cooperated in promoting the recent appointments,
and transmitted the names to the Lord Chancellor, haying
at the time a knowledge that this council had not been
concerned in the proceedings. It appears, however,
that both the members for the borough acted
under the Impression that tome sanction had been

• " I ball the letter official,' not became I deemed that had the,
direct venation of the town council, which we were never
:whore, but became it wee only at the r Need of Ilr. Thornton,
to eon olheial capacity na savor and al the leatime, that we felt
sdled upon to Interfere at all. Any 'liter brought to us by .that
I gentleman, or by himself and Mr. Gre..gh jointly, had they ensiled is
114°1 Private tenacity mkr,l4l etJuld not tut plumes; have been
cntertained is "

awarded to the aphietioa of the names, and that hid they
matarialsad any doubt on the subject, or supposed that the
late Mayor wad os Mayor sated in their individual capacity,
they would Stowell have refused their mention to the pro-
moting. That Mr. Alderman Scholefleld, M.P., having In
his haw mameowely oared to give any further informadm
In his power, your committee resolve forwardede respectfully
regained to inform it if the lower to the Lord
Chancellor was the identical letter which was submitted to
Mr. Musts when he went with Mr. Scholefleld to the Home
of Lord., alio the data when the letter was treasinitted to
the Lord Chancellor, and from whom Mr. Itch ilefleld to-
*rived the same. That in answer to the said resolution,
lamas, of which the following are copies, have been re-
mimed from Mr. Scholefleld

" Birmingham, Dee. 19, like.
" sir,—l skull be very glad to a. wily, so far ae I es.,
with the request oentained in the resolution handed to se
In your note of this sprain', but the investigation c =mitts
will pleas bear in mind that I give the circumstance only
from imperfect reconsiders. I have no record of the various
steps taken, and cannot therefore be sure of complete
accuracy. My impression is that I received the letter
which wu sent in to the Lis? Chancellor from Mr. Thorn-
ton in person, and that it was given to me (though addressed
outwardly to Mr. Mums) in consequence of Mr. Munts's
absence hove London. I believe I kept the letter till Mr.
Munts's return, and after showing it him mat it to the Lord
Chancellor immediately. I should think this was about
the end of June or beginning of July, but I speek with
great distrust or my memory on this point. The letter sub-
mitted to Mr. Musts was the identical one fame:dad to the
Lord Chancellor. I am not aware of any letter but that
one having been written at all.
' I em, sir, your meet obedient servant,
" WILLIAM SCHOLIMLD.
" The Town Clerk, dc., kn."

" Loudest Reform Club, Dee. 20. 1849.
"Sir,—Since my arrival in town, I have been wanking
through my memorandums, and I find one showing that it
was on the 4th of August that I had the interview with the
Lord Chancellor's Secretary ; and I am inclined to think that
it must have been very little before that (end not in June or
July) that the letter from Mr. Thornton end Mr. (leach
was sent in. My impression is, that it was immediately on
its receipt that the Lord Chancellor's secretary called on me
at the Reform Club on the subject of it, and that, after two
or three unsucceesful attempts to meet each other, an ap-
pointment was finally made (Mr. Munts being mid absent
from Londe.) for the 4th of August, the only interview I
had with him. It was then, I think, that I first
learnt the Lord Chancellor's wishes u to the exclusion of
the names of non.acting magistraLs from the commission,
which led to my personally authorising the omission of my
own, an authority afterwards confirmed by letter. Pro-
bably the Lord Chancellor's secretary, if applied to, may
be able to give this committee more definite and posi ive in.
formation on all these points, for, as I have already said, my
recollectirn of the different steps is very imper cot, and the
above details have been recalled to me ouly by finding the
memorandum I have referred to above.-1 am, Sir, your
most obedient servant, " WILLIAM SCHOLartELD.
" The Tuwn Clerk, Birmingham."
That your committee deemed it advisable respectfully to
request that the mayor would aseerain from tne borough
magistrates whether any communication was made by them
to his predecessor, the late mayor, of the necessity of
new magistrates being appointed for the horouph, and
your committee is informed that no tub communicdtion
was made. Un ler these circumstances, your committee
recommend the council to memorialise the Lord High
Chancellor, the First Lord of the Treasury, and the Secre-
tary of State for the Hume Department, praying that the
recent appointment of borough magierates may be super,
seded ; and your committee appends to this its repot t, draft
of a memorial, and recommends that the some be adopted
by the council:—
"
• To the Right Bitola Cottenham, Lord High Chan-
cellor of Great Britain, the humble Memorial of the
Mayer, Aide rmen, and Burgesses of the Borough c f Bir-
mingham, in the county of Warwick, in Council as-
ambled,
•• • Sitowerit,—That your memorialists learn with un-
feigned regret that 13 new justices have been added to the
Commission of the Peace for this beroueh.
'• • That, although your memormlis s are fully aware that
the power of appointing justices is vested exclusively in the
Crown, yet thee have observed that it has been a common I
practice, since the Municipal Corporation Ace, 6th and Gth
William IV., cap. 76, was passed, for the Ministers of the
Crown to receive recommendations from the town councils
of the respective boroughs, and that such recommendations
have been encouraged by the frequent appo.ntmeut of the
gentlemen so proposed.
" ' That your memorialists value as a high es sl most im-
portant privilege the opportunity of recommend rig gensle
men for appointment, and that such has been the course
adopted in this borough previous to the recent appointments,
respecting which neither your memorialists nor the bench of
borough justices were consulted.
"' lent from an inquiry instituted by your memorialists,
it appean that two individuals, the then mayor and ex-
mayor of this borough, made a selection of themselves and
others, and transmitted the list to *he honourable members
for the borough, by one of whom it appcdrs to have been
forwarded to your lordship's secretary.
" ' That the honourable members for the her ugh were
persuaded that the mayor and ex-mayor were acting etheially ;
moreover, your memorialists are informed, that had the
honourable mutate n entertained any doubt on that subject,
or had they been aware from whom alone the list einan d,
they would not have taken any part in the transaction, nor
have sanctioned the application to your lordship.
" • That it appears, therefore, the honourable members for
the bcrough, and through them unwittingly, your lordship
has been led to an erroneous c ,nclus:on ; otherwise the said
appointments might not have taken
• Th.t your memorialists respectfully beg to inform
your lordship that, under the circumstances before stated,
these appointments have caused great dissatisfaction amongst
al. chases of her Majest)'s subjecss in this borough ; and it is
submitted to your lordship that the gentlemen so appointee,
being but the nominees of the said two individuals, can never
possess the pub is esteem and emifideuce, or that respect, in-
fluence, and authority so essentially requisite to their effi
ciency as magistrates.
" • Your memorialists, therefore, humbly pray your lord-
ship, that, for pubic satisfaction, and for the maintenance of
the proper influence of the bench of maeistrates acting for
this important borough, the r. cent as p intineut of borough
magistrates may be superseded. And your memorialists will
ever pray,' " &c.
A meeting of the town council was held yesterday, when
the foregoing report and correspondence was read; and by
a majority of 37 to 3 the memorial to the Lord Chan-
cellor was adopted. Miura °each and Thornton attended,
and made statements relative to this improper proceeding.
The former candidly and honourably admitted the error'.
into which he bad fallen; and as this gentleman has for a
long course of years usefully exerted himself in the
borough, the ill-advised step he has taken is the more
to be regretted. Mr. Thornton exhibited neither the mull-
nese nor the discretion of his colleague : his explanation was
an aggravati mot his folly, and afforded another proof of the
pertinacity with which narrow 'rands stick to their own
wet). g-doing. As mayor Mr Thornton held in custoly the
honour of the town : his impudent assumption of authority
has shown how unworthily he was promoted to eminence,
and how poorly he appreeiated the confidence of his fellow-
tbeowiwnesmementh..
twWonahmMurkad. Geaclineh
stbteulcdasebeids different;rafer.n
Whatever the result of the application to the Lord Chan
cellor may be, is is quite dear that the matter will end only
with the appointment of a stipendiary magistrate. With a
population approaching a quarter of a million, the public in-
terests can only thereby be satisfied.

REPRESENTATION OF LIMERICK.—ME J. O'Connell
has rather unexpectedly resigned the npresentati as of the
city of Limerick, and already menial candidates are men-
tioned for the seat thus nested; &mot gat others, Colonel
Venker, son of the late Lord Oen, end Captsia Gough, son
of the patient Lord Gough, both on proteetimist prin.
ciplas. On the liberal side, Mr. F. W. Rueell, of the
eminent firm of Rowell and Sons, has formally adhered
the elector'.

I]IYNOVEM6ST IN LECIAL EDCCATION.—At the
monthly board of the council of Queen's College at Bir-
mingham, held on Tuesday last, the Right Hon. Lord Lyttel
ton, the principal, in the chair, Charles Hann Kennedy,
E the remedy appointed professor of law, attended, and
submitted to the members au outline of hit plan of legal in-
struction. Mr. Kennedy proposed to the council to give
three *ounce of lectures annually in the months of May and
June, November and December, January and February;
each course to consist of thirty or forty lectures, and to give
examinations at the chess of each term, with three annual
prizes, to be awarded to the three students who shall on the
whole have passed the best examinations. Mr. Kennedy's
proposals were unanimously adopted A catalogue raisons,.,
prepared by the Rev. Chancellor Law, of the valuable books
(upwards of 2,000 vols.) presented by him was laid on the
table :—Greek Classics, 105 vols. ; Latin Classics, 227 vols. ;
Mathematics, 16 vols.; Natural Philosophy, 87 vele. ; Eng-
lish Classics, 84 vols. ; French Classics, 38 vols. ; History,
116 vols. ; Biography, 81 vols.; Poetry, 47 vols.; Letters
and Painting, 37 vols. ; Lexicons. Dictionaries, and Gram-
mars, 66 vols.; Journals and Reviews, 373 vole. ; Chemistry,
Natural History. Medicine, 95 vols.; Ecclesiastical, Civil,
and Common Law, 19 vols.; Catalogues, 8 vols. ; Miscel-
laneous, 59 vols.; Theology, 431 vols.; Sermons. 98 vole. Mr.
Tends Cox reported that various rooms in the recently.
erected east wing were completed. The meeting was then
adjourned until Friday, Jan. 11.—We learn that the council
are now prepared to receive offers for appointments in the,
"engineering department ;" and in aid of this now im-
portant branch of education, the council are about to renew
their application (issued in October 1848, previously to the
erection of the new buildings) to the friends. of education
to found preiemorships and scholarships, to eta by bemefen-
Hors, by donations, by loans of models, of machinery, archi-
tecture, specimen+ of the higher branches of manufactures,
the tine arts, philosophical apparatus, books, specimens of
natural history, geology, mineralogy ; so as to forma per-
manent "economic museum" worthy of the midland
metropolis. It is intended to appeal to the gwvernment to
assist the college to astray out tt e extended powers of educe.
Don granted by the crown under her Majesty's supplemen:ail
charter and warrant under the sign manual.
Ma WEATHER AND TIIII Foo.—A Bristo,l eurre.
'pendent, writing yesterday, says It is men' years since
we have been visited by so heavy a fog as •:461, which now
envelops the city. The gm-lights were
:inning in mid-day
in the different basking establishmene:, an in many of the
leading shops and places of businer,..oino in the nethhhe„
Bee a 5•14,..,0* tw,_• 704, it is tetrad that there will be
111.-4 *!.cnse that it is difficult to
line" it i' 'tat any shipping reports will reach this
hoo:le "cof ruth:lisclu!nstae;thetwe 67,101, although with present &ppm-
evening."