The British Press; or, Morning Literary Advertiser.
London, England, 1820-09-15 00:00:00

BURGH Kt PIRA

REPORT.
The Select Committee, to whom the several Petitions which
hive hero rearnitd to thus Honer, from the Royal Rumba
a Scotland, dialog the years IRIS, 1,410, and 18211, were
referred, to examitie the matters thereof, and to 'emote
their ohm reitions and opiniiirs thereupon to the fluoi.e;

and hi h..*** the Reports which, upon the 17th day of Jour,
1793,aud she 12th day ofinly, 1819, were made ft OM Ili.
Committers appointed to ',moils, She matte.' of the Fe-
ver:it Petitions from the 11.44”1 Burgles of Scotland, were
also ronsittesell the 11441 Petitiwla, and
hare agreed spoil the following Report :--
Your Committee, in offering the mush of its libutirs,
fee's 41 necessary to bespeak the indulgence of the Honor,
fur the limited progress II his matte in the inquiry iutritsted
Is. its f hargi•; and sorb iso:olgeore will, .perlotos. upraise
tint reasonable, whets the [loose shall advert to the psvilliat
circumstances under +lnch your Committee was erimeeteel,
situ loss root suited to sit, during the present Session.
YOU, CaalmUlre was swimsuit d out the 4th of May, since
which tune the press of public loudness has iteeu mamma an.
meet deuted in amount, in importance, and peculiarity of
interest. Nnuterons other Committers, of local, as well as
of sewers! importance, lines uccariumally called its Jlemobers

Wily of imentillim its togdebas, by orst,testiOnsop, lois the
InhalliOdelftlimf all liet siadrals Royal Riigbi 0(0,004804
istelhollifie Is the oisioks tat alters eomplqiped if by the
ollidtMell= raoy of conetudifit pitch *miry
gmbhi g - period Ogg!, knot adopted the elomillp
ith
eistiom of the. ailegations. e Petitioner*, deviled odes
aigillummtial beads of Mot, ittilea Report of last One;
no slide ginlitivin aooduetiog their present energy of lemma?
gotten 11111111 ref, however, te each tireasionol devisthein as
direlliellilacesi disclosed in the progress of their iimlptiiii44
nehingifeam some ishereut peculiarity of.cuse; isiiiht
get. i
. .
' Taw Committee have bolo colifiromit In this , -
moot, nod its their adoption of slociniseistary, it.
toms/ testimony, by obserriag the retypes' usems•Mtileitto
to whigh the witoesees summarised to give evidesice from a
*mower of frogi gay to 600 miles. are switemority.eohjettiet,
lisa loos of their tie t; sod isassysPoisel ssiddlsis OM '
,
• tilotsal emplopmeuttt. for which, the mete paymmil oft%
espesesto of their joisroey, nod of their residents la I
(*Web is all yew CoMesillee have thought themselves
rooted to allow), &fords bus t s veep ioadogsatvuompessat
I'mler this inspreinioa, year tothenttlee hate
chieft by the help of ducurnelitary evidettee; bat rer"."-
e.l it .lots
to the Petitioners, whose ',Heyward's they have heed ay.
pointed to exoneine, as well as to the Rouse; which hat de:
tolesd to them in important trust, to state ben the two fol.
"atrial! initterial considerations :
Fleet, That the documentary evidence obtained is necei.
airily made up by the 'very official persona, whose condoct
the 'Petitioners arraign; and secondly, That such evidence
is made op from records tinder the exclusive isspectims and
control of the same official persona.
From these documents, however, it will appear, that the
allegations of fact, made by the Petitioners, are very gene-
rally and substaatially Iron; whilst the allegations of fife.
rence may excite considerable diversity of opinion.
Thus, with refereuce to the allegatiou of the mode of
forming and ebntiiistine the Councils of the Burgh', the mere
fret, IMO these Councils dog Ily possreis end exercise the
powers vetoed is them by extorting laws, of self-election and
selicontionsnee (applying those terms to the bodies corporate,
and not to the individual mritiliers) adMite of net doubt;
but the allegation of inference, that to thii cause is to be
attributed mismanagement and abuse, where they exist, it
indeed matter of opinion, and can best be ascertaiiied by
patient sod minute invest igatioo.
The same penions are, indeed, generally found to compose
Me Council of a Burgh fur a fries of years, with merely such
partial change of official station es the set of the Burgh, or
eonvepienee of the ruling: party may require; until the ad-
verse party gains the aseendinicy, when a similar system of
arlf.formation and self-election in the body of the Conned
continues, until again displaced by a similar cause: however
the persons or parties may change, the system coot in ues the
same. And it is here must essential to remark, that iu many
Burghs it constantly happens (and in all of them 'it may
happen), that persons nut qualified to he chosen into the
Council of a Burgh are so chosen; and yet Mire seems
much reason to doubt whether such °mystified persons, after
being there sixty days, can he displaced by any proserdings
of law, but such as are so tedious and expensive, that they
are never likely to be resorted to.

Indeed, a recent case of this abuse ha• been stated, In a
letter addressed to the Chairman of the Committee, which is
given in the Appen.lix, relative to Kirkcudbright. In that
B•rgh, a perms avowedly not ottalieed by the set (se consti-
tution of the Burgh) to sit 'lure, was lately elected into
Conseil, an action was brought to displace hint in the Court
of Session. But the judgment pronounced in that Court
way in substance to this effect, that • person who could not
legally be elected into Council, having obtained admission
there, and the illegality of his election remaining unchal-
lenged for the space of sixty days, such prism is not re-
movable by the ordinary course of law.

Another case of a different description has lately occurred,
as appears from the evidence of Mr Kennedy, a Ilemher of
the Committee, in which it was held, that an idiot knowing.
ly appointed to the office of Town Clerk by the Magistrates
of a Royal Bur:h, was nut removable at their snit.
Again, the fact of large alienations of property from most
of the Burghs is manifest from the documents b►fore your
Committee; as also the frequent expenditure beyond in.
come, and in I instances the accumulation of debt.
But the inference drawn by the Petitioner., that these things
revolt from the mode of forming and continuing the Councils,
is a point on which the Committee, not having filly con-
sidered it. have forborne to decide.

Under these circum►tances, your Commilter have thought
it would be most taiiiitaetory to its own Member., at well
as to the House, to include in their Report, not wily the
evidence, bat also the several distinct Resolutions at has
come to, in mt►rence to them matters; and to express ohm
hope, that or the Hou►e shall think proper to appoint the
same or smother Committee 'won this 'object, in the nest
Set of Parliament, this and the remaining allegstious of
the Petitioners may undergo a full and adequate considers.
lion.

Your Committee cannot omit to notice in their Report,
the evidence subjoined relative to the burgh of Culler. An
imptity into the particulars of this burgh was instituted,
and witnesses summoned. in consequence of a specific alle-
gation of the Petition from thence, l'hal seals in Ike Cornett
of that burgh had I ftequeotly been bought and sold; and
that the system of alternate election axd re-election between
individuals, by bargain, in continual succession to each
other, prevailed there, among the merchant counsellors, as a
constant and uniform practice.
Your Committee lament to report, that the evidence has
fully confirmed this allegation; that these procerdiogs so
gross and iniquitous in their nature, and so injuriotta in
their effects, have been fully estnblished; nay, even admitted
to he trite by the very persons themselves who look part in
them, ;hull who were in fact the principal delinquents.
The evidence relative to other matters in this burgh is, in-
deed, mammal' tt cuisimailictory. But your Committee coo-
crave, that some of the ill effects of these boil practices are
too apparent (ruin the evidence to admit of any doubt.
It appears that Mr. Freemason was in the Council of fu.
par eighteen successive years, of which he was, during ten,
successively Provost—that artifice has been resorted to, sues
restfully, to prevent a fair and jest exposition of the pecu-
niary oreritunts of th; burgh—that persons nut resident are
frequently chosen into Commit, who rarely attend Council
meetings, except on the Jaya op-61...1iie annual electi )))) —that
the audit of the actuante of the burgb expenditure have nut
been regular, but have been occasionally delayed fur several
Beare.
Year Committee, however, deem of uo great moose
opener to unravel and appreciate the contradictions of the
wituesirs in the case of Copse. The proof, or rather the
admission of the sale of seats in Council, and bargains,
tween individuate, of alternate election and re-election, ex-
hibit soch a corrupt and improper practice in the formation
sad maintenance of the Couucil, as to make the subsequent
conduct of that body, in reference to the objects of this M-
I juicy, a in:011T of minor importatice. Wheehir the evils
which have remelted from such proceedings be more or lean,
say indeed admit of souse dispute; but there seems little
doubt, that the systras under which such evil practices have
grown up and become matured into activity, anal under
which no adequate remedy is to be found fur such avidly
when detected, salmi be in some Material points either us.
sound in principle, or defective in operation.
Your Committee cannot conclude theienutice of the evi-
deuce, without calling to the attention of the Howie the very
extraordinary facts disclosrd by Colonel Francis William
Grant, a Mesaberhf the Home.
tt appears, that Colonel Grant was Provost of the Berth
of Elmo denote the years /818, 1917, and 1818; also Pro-
west of Peary deeriog 100 of those same years 1818 sad

a `

tamerez,
.air
ktblierigaswalleithistalbej: respecter C"lii7eilbeeigbalial,hlial4wil""rbenat be suNl;ierl:uniii4e
fie the Corailaittre to ohierrve, *beg Shen four berets- are ia
/Iv distant from nets other, as ele reader the Moreno' of
this provnion of the sets of sheep theas wholly incom-
patible with the facts detailed in evidenue.
. What degree of gssipable irregestairity thews itschwures
;nay eabibit, yew Committee apoliorlioed *to inmate i"
eaSeleaar wither to the defects p( 4. spins, as exhibited
1"1.49 lbw fww burghs., sad tkII. diary/awl of she atria
Iron. of Ibs Kt% to prell24:iit aistuy or the royal burgle,
than to say particular ell Ike iudavidual Isere eon-
The ReSolotlone of your Ciesnetiosee, alluded to is the
former pan of this Repots, are as follow :
Reaolved, Thai tliofkmennwee will exuanioe, in the Sell
ranee, into the stlesettows of the Pptitioisers • as to the aye-
Retolveds TIPt if appears to this Committee, dist the
Muds ot.election -of the Towo-ctisinests to wady all :hc
coltish imps, is fuoisied of the gettioal principle wog-
alai, by the Act 1469, c. 311, vitt That the old Csrssnc4l shall
cberese the new Cowell; restetried, however, la its applies- i
flea 6p.the set or conatilition or Mich burgh, bulb us r►
sped to the proportion of the obi eouncil eligible to re-elect-'
tips, and in the latitude allowed to the old Cuatieit in se-
lecting the Members of the pew.
Thus the seta of some burghs, as Renfrew and Ltaark,
admit of the I re-election of all the Members of the old
Connell to lone is the new. Thour of the greater number of
limit the nansher of old Councillor., who tuny be
re-elected; Inn the same require or admit of a nyijority
of the old Council being contioued its the new ; while the
wets at some others require, that the ma.kietty of the new
Comte!! 'ball be different persons; and, in a few ihotances,
to such tin extent. as almost entirely to drat. oy the rffett of
the principle of the Act 1460.
The sets of many Burghs trait the nomination of the new
Members of the new Council, entirely to the Mil Council.—
According to those of others; the 0141 Coyne', must sefert a
portion of the new, from lista furui.lsetl by she several Cor-
porations; or forni.h Hits from which the Corporations
themselves elect, or must slim ten hits, furnished he the
Corporations, who finally elect nom those reduced lists.-*
And in a few instances, the Corporations have the direct
ountinatioo of a ceriam number of the Members of the sew
Council.
Resolved,. That the allegation or the old comma choosing
the sew, urged by the Petitioner. to pieta,' in the Town
Commits, does appear to the tonitnit tee to be generally war-
ranted by the law and the mai-tire of the Boughs.
Resolved, That it is the opinion of this Committee, that
that the Burgesses out ineurporateil hive on control over the
expenditure of the Terrains of the Burgh, ,sr over the pale
of the common good or property of the Burgh; nor any
power of preventing the Ilugi•trates 31P11 ColSoiril from con-
tracting debts, for which the common goad is liable.
Resolved, That it is :Mated by most of the Petitioners,
that the community me liable in their property and permit.,
fur debts contracted by their Magistraes ; hut the Commit.
tee have not been able to ascertain why ther such allegations
are founded in law or out, the Commits.e out having found
any decision of any Court wpm tlw subject.
Resolved, That it is the opium) of skis Committee, that
the Bargesses and Corporatinus have an power to compel
their Magistrates sad Coward to section. fur the isubisage.
=rot of the owes and funds under their charge.
Resolved, That in the opinion of thus Committee, it has
bees clearly proved is two. instances, .411011 i let) or fifteen
years ago, that Testa in the Couucil of Cupar .base been
sold; and from the evklenie before the Committee, there is
reason to believe that several other instances have occurred,
the last of which took place six ,ears ago.
Resolved, That in the 'vitalism of this Committee, the
practice prevails generally in the burgh of Copier, fur each
of the thirteen Merchants Counsellors to have what is called
Neighbour Counsellors, who alternately elect and re-elect
each other by individual choice, which, as a point of honour,
continues during the lives of the parties; and, in many cases
this agreement of alternate ch.( lion has extended, in este of"
death, to the pons or nearest ergotism' of the deceased Neigh.
hour Counsellor.

Resolved, Thal it dors appear, from the Report of the
Committee last year, and the evidence then taken that •
waste and mismanagement of charitable foods, placed in the
bands of the Miqistrairs as er .06i° trustee., has takes
place, to a great extent, in the burgh of Abeniffs ; to a
smaller extent in the burgh of Dander, as detailed in the aid
Report. That in slur burgh of Edinburgh, where there as, also
cyosiderable charitable funds wider the management of the
Magistrates, either as sule or joint trustees, there dues not sp.
pear, from the evidence before the Committee last year, any
ground for supposing that those funds have not hero pro-
perly administered; neitlwr does these appear any ground
fur so supposing, in either of the other two burghs, whose
cases have bees examined by the Committee, in the last and
present year. Frost the secroi, however, with which the
pecuniary transactions of She Councils are generally emu
ducted, it Cal4llol be knows, isliettur such fonds ate well of
ill administered. Such abuses may exist without detection;
but when abuse is discos, red, a remedy is afforded by law,
as in other cases of breach of truss.—Jaly 14, 1020.