The Sun.
London, England, 1839-04-26 00:00:00

very short time they would hear of complaints from
more than one parish, and he should move that the re-
port be considered this day three weeks.
After a short conversation this motion was agreed to.
Mr. FREDERICK BYNG then moved that the first
eighteen reports of the Visiting Justices of the Lunatic
Asylum at Hanwell, which had not been printed, be
printed. '

Mr. Tuts hoped that if the first eighteen reports
were to be printed, they would print the remainder.
He did not wish to throw any obstac!e in the way of
the printing of those reports, but he though they ought
to ascertain the cost before they ordered them to be
printed.

Mr. BYNG said that after 160,000/. had been ex-
peir!ed on the Asylum, a little expense for the purpose
of ascertaining how that money had been laid out should
not be grudged.

Mr. -Toix believed the expeme of printing the re-
ports (as we understood) would be LOW.
Sir PETER LAURIE did not see why they should incur
the expense of printing 48 reports when the Hon. 111,t-
gistrate himself had them in his possession, or ought
to have, and could make any use of them he pleased.
Mr. BYNG said his reason for having them printed
was because the subject required investigation.
Sir CHARLES FORBES begged to suggest to Mr.
Hume that he might apply to the House of Commons
for a committee to enquire into the whole management
of the Haswell Asylum, and then the subject would be
fu:ly and iinw.rtially investigated.
Mr. H umE understood a grave charge was to be made
by Mr. Byng against the Magistrates for misappropria-
tion for years past of the public funds. Now if such a
charge were to be made against any Minister in the
House of Commons, and a similar motion was made, no
man in the House of Commons would rise and object to
the printing of all the documents. It would be said the
House could not come to a consideration of the question
without having the fullest information before it.—
(Hear, hear.) In the preSent instance the whole Bench
was implicated, and they ought not for the sake of a
paltry economy to still investigation. Let the whole
facts go before the public, and then a fair and legi-
timate opinion could be formed. He thought it would
ha wise to have the reports printed.
Sir CHARLES FORBES—But how are we to get over
the difficulties of appointing a committee of ourselves
to inquire into our own conduct ?—(Hear, hear.)
Sir P. LAURIE having been on the Committee of the
Asylum for some years, was of opinion that the Court
ought to allow the reports to be printed, otherwise it
might be said they desired to conceal something.—
(Hear, hear.) The expense of printing these docu-
ments ought to be made to fall on those who wished to
have them printed.
Mr. SIMPSON had heard no case stated nor any rea-
son given to justify the expense of having those docu-
ments printed.
Mr. BYNG would state his reasons. The last time he
had ventured to address the Court on this subjec: he al-
luded to the lavisW expenditure on the Asylum. He
was then contradicted by their Chairman, and he after-
wards wrote a letter.

The CHAIRMAN hoped that any observation which
related to the correspondence between Mr. Byng and
himself would not be again alluded to until that corres-
pondence was before the Court, sn that the Court
might see what the charges and the answers to them
were.

Mr. BYNG had been challtnged to gate his reasons
for wishing to put the county to the expense of printing
the Report. All he wanted was to have the eighteen
Reports printed that had not as yet been printed. They
were very short, and would not cost the county much

money.
The Chairman then put the question that the
eighteen reports of the Visiting Justices be printed ;
but their being 26 agsinst the motion, and only 12 for
it, the motion was lost.
Mr. Sergeant Adams having vacated the chair, and
Mr. Hall being voted into it, the Clerk read the fol-
lowing correspondence :-
37, St. James's-place, Sept. 26, 1839.
Sir,—On the County day of the January Quarter Ses-
sions, in my place as a Magistrate of the County, I made
a statement to the Bench,.of which you are the Chairman,
relative to the extremely lavish and improvident expendi.
cure of the money of the County-rate payers on the Pauper
Lunatic Asylum at Hanwell; and I asserted that the ori-
ginal estimate for which, and the drawings and specifica-
tions, the County paid 1,3001. for an Asylum fur six hun-
dred patients, was 123,730/. 13s. 10J., while the actual
cost fur the Asylum for had the number of patients, viz.
300, was, according to the Thirty-first Report of the Visit-
ing Justices, 122,256/. 14a. sd. I was contradicted in my
st4tement, although several of the Visiting Justices were
present; and you, Sir, professed ignorance of the subject,
as you were not at the time a Magistrate of the County.
On my application in Court for the original estimate to
be produced, Mr. Allen now the County Treasurer, who
h‘.(l been Deputy Clerk of the Peace, and Clerk to the
Visiting Justices of the Asylum, produced Mr. Cubitt's
contract for the building. amounting to 63,2001 , and the
ropor ors were particularly requested to attend to the re-
futation thus given to my statement.
Finding subscquen:ly, on inqury, the deception which
had thus been practi,ed on myself and the Court, I took
earliest opportunity (which the Coarity day of the
February General Session afforded me) to endeavour to
relieve myself from the odium whic's every misstatement
must crea.:e. But as Chairman you prevented me from
clokg so; you alleged that it was only at the Quarter
sod rot the General Sessions that matters relati,g to
the Lunatic Asylum could be discussed, but that if I would
state to you what I wanted, you would let me know if the
matter could be entertiined. I then toll you that the
48th Report of the Nrisiting Justices contoioed statemeras
which I knew were untrue. I also told you, that as
Churchwarden of tlic parish of St James's W..,str&niter,
was aware that the Vestry Clerk had written to the Jus-
tices to know why the annual statemeres of the details of
Receipts and Expenditure at the Asylum had this year
been withheld, and that no answer had been returned to
his letter. At this point you stopped me,' and said that an
answer to the St. limes's application had been sent to
that parish, enclosing the omitted accounts. Thus again
was I made to appear as having asserted that which was
untrue, and been negligent in my ditty in making charges
without due inquiry. You, Sir, 3111 the County Trea•
surer on the two occasions placed me in a condition which
every gentleman is anxious to be relieved from. I there-
fore reiterate the statements I thus recall to your recollec•
tion, all of which I am prepared to prove are true, both as
they relate to the original estimate for the Asylum, and
also, that up to the present moment (F. b. 26.) no answer
has been received by the Vestry Cleik of St. James's,
and that the omitted accounts, which should hive ap-
petvr ed in the 48th Report of the Visiting Justices, have
not beets received by St. James's parish, as you -publicly
asserted. they had been sent. It is quite impossib'c for ar.y
ingenuity to prevent an investigation into the extraordi-
retry powers the Visiting Justices claim to have over the
Pauper Lunatic Asylum and its expenditure. As one of
the Visiting Justices, you probably are aware that your
Clerk has refused to show me either the Fulifed accounts
or the minute books of the proccediegs of the Visiting
Justices.

You are at liherty to make any use you may think pi-o-
per of this communication, as I shall of the rep!y, which
I think I am in foirness intitled to from )ou.
I have the honour to be, Sir,
Your most obedient humble scrvAnt.
FREDERICK BYNG.
I b the

with having made in their 48th Report statements which
arc untrue (and which place them much in the same
painful situation), I trust you will in fairness give them
some written notification of those untruths before the
next County day, to enable them to meet the charges
you are about to make. .
In reply to that part of your Lotter in which you
state, that it is impossible for any ingenuity to prevent
an investigation of the extraordinary powers that the Vi-
siting Justices claim 'to have over the Pauper Lunatic
Asylum and its expenditure, I know of no powers claimed
by them other than those given them by the General
Statute for the Regulation of County Lunatic Asylums,
which applies to all other counties as well as Middlesex ;
and I beg distinctly to state, that, as far as I am per-
sonally concerned, and I believe I may answer for my
Brother Justices, no ingenuity will be at any time exer-
cised by any of us to prevent an investigation into our
public conduct.
I must at the same time add that observations of such
a nature made by one Magistrate upon his fellow
Justices, appear to me far more fitting to be made in
his place in open court, where they may be publicly met,
than in a letter addressed to the Chairman of the Bench.

I also very much regret, and I am sure the regret is
general, that with the opinions you seem to entertain of
the public conduct of those gentlemen, who being asso-
ciated with yourself in her Majesty's Commission of the
Peace take upon themselves the active discharge of
the duti• s attached to their office, we have not the
satisfaction of seeing you more frequently amongst us, not
only because it would make ycu more familiar with our
habits and usages, but might perhaps also modify your
opinion of the manner in which those duties are discharged.
For a reply to that part of }our letter in wnieh you st ste
that the clerk to the Visiting Justices refused you the in-
spection of the minutes of the proceedings of the Visiting
Justices, and the architect's accounts, I beg to refer you
to your overt letter to Mr. Wright, and his answer (copies
of which I enclose), for the real state of the case. I un-
derstood yru had not up to yesterday morning returned an
answer to that letter, and the Visiting Justices are not
aware of the authority under which, as a Magistrate of the
County, you claim a right to call upon a clerk, appointed
according to the prosisions of the Lunatic Asylum Act by
the Visiting Justices only, subject only to their control,
and paid by them out of a fund applicable only to the pur-
poses of the Asylum, to inspect the Minute Books of his
employers, without previous application to them. The
whole management of County Lunatic Asylums being, as
I presume you are aware, by the Lunatic Asylum Act,
vested in a Committee of Visiting Justices elected out of
the general body ; a provision which, I presume, was
thought necessary by reason of those clauses in the Act
which allow two or more counties to join in one Asylum.
I shall avail myself of the privilege you give me of
making any use I think proper of your communication, by
laying the same, together with my answer, before the
Justices on the next county day. I have also to request
that in making use of this letter you will please to consider
the four letters enclosed as forming part of the letter, and
to be use I with it.

I leave town on Monday to join the Circuit, and sha
not return for some weeks.

I have the honour to be, Sir, your humble servant,
(Signed) JOHN ADAMS.
1, Sergeant's Inn, Much 1, 1839.
The Hon. Frederick Byng, &c. Bre- &c.

Sessions House, Clerkenvvell.
Feb. 28th, 1839.
Sir,—Having read the Hon. Frederick 13yng's letter to
you cf the 26th inst., which you enclosed to me, I beg to
return it, and to give the following reply to that part nhich
relatcs to myself.

In the first place, I must observe that Mr. Byng unjustly
charges me with having practiced a deception on him and
the Court, inasmuch as the statement I made on the 17th
of January was given in answer to a question put to me un-
expectedly, and therefore from recollection only; but in
the second place, I repeat that my statement was substantially
correc:; for I find that when Mr. A'derson's plans for build-
ing a Lunatic Asylum for the reception of 600 patients
wa're reduced, an asylum for 300 patients was contracted
to be erected by Messrs. Cubitt, for 63.2001., and the
actual sum paid to him under that contract was 62,7731.
' 104. only. Before the Asylum was opened, additional
works were deemed necessary, and a contract was entered
into with Mr. M'llitosh, for his performing them, which
was done at an expense of 14,3311. 12s. 4d. ; but this
amount included boundary walls for the gardens at the
south-west of the Asylum, and sundry offices, none of
which were contained in the reduced plans. In May 1831
the Asylum was opened, and at April Quarter Session,
1832, the Visiting Ju'tices reported that there were 427
patients in the building; and by the beginning of the year
1836, the Asylum, by arrangements made by the Visiting
Justices, and without any further grant being made by
the Court beyond the 124.440/. originally borrowed, was
made capable of containing, and did at January Session,
1836, contain upwards of 600 paticntc, as shown by the
inclosed table. The difference of 47,3341. 17s. 81.
between the above-mentioned sums paid to Messrs. Cubitt
and Mr. M•lntosh and the 124,4401. was expended in
the purchase of. land, the architect's and surveyor's
remuneration and per centag,?, engineer's work, fitments
and warming, ground work and planting, gas fittings, fur-
niture, law charges, clerk's salary, &c. &c., none of
which formed any part of Mr. Alderson's estimate; but if
an Asylum for 600 patients had been erected, according to
Mr. Alderson's plan, his estimate of 123,7301. 13r. 10d.
would, of course, have been inercased by the several items
I have just enumerated, besides others, and consequently
by the amount of 50,0001 at least.
I am, Sir, your very obe,lient set vans,
CHARLES P. ALLEN.

Mr. Sergeant Adams.
P. S.--I t/i4l to aid that since my statement was msde
in Court, on the 17th of January last, I have received
three Itters from Mr. Byng, in neither of which does he
complain of its being incorrect, nor in any way allude to it.
C. P. A.
. .

St. James, Westmins•cr,
50, Poland-street, 13. h Feb., J 839.
Gentlemen,—l ant instructed by the Governors and Di-
rectors of the poor of this parish to point out to you tit'
the annual statement of the accounts of the County Lunatic
Asylum expenditure has.been omitted in the last published
Ruport, and to beg that you will be so good as to direct that
a copy of it may be furnished to me for their information.
I have the honour to be, Gentlemen,
Your obedient servant,
GEORGE BUZZARD, Clerk.
The Visiting Justices of the County Lunatic Asylum.

Feb. 18th, 1839.
Sir,—As a Magi,strate of the County of Middlesex I
now apply to you as Clerk to the Visiting Jtvitices to tlo•
Lunatic Asylum, at Ilanwell, under the 9,11 Geo. IV.,
chip. 40. to inspect the minute- book and the accounts re-
thereto in your rossession.
I am, Si., your mast obedient servant.
FREDERICK BYNG.

Charles Wright, El.

Sessions House, Clerkenwell,

19th February, 1839.
Sir,—llaving referred your rote of yesterday to the
C immittee of Visiting Justices, I am instructed by them to
request that you will point out for their information the sec-
tion of the statute 9th George IV., cap. 40, on which your
application is founded. _

I am, &c.,
Your most obedient bumble servant,
...
CHAS. WRIGHT.
The Hon. Fred. Byng, &c. &c. &c.

Mr. Sergeant ADAMS said he had three reasons for
laying this correspondence before the Court. First,
because a letter had been addressed to hint as Chairman,
stating that a fraud had been practised on the Court by
a very meritorious officer.—(Hear, hear.) Secondly,
because lie (Mr. Sergeant Adams) was charged with
having publicly stated that which was untrue to a mem-
bar of the Bench ; and, thirdly, because he wished to
request the protection of the Court, and to state that
the Chairman of that Court was not the party to whom
complaints were to .be made, by any Magistrate of the
c Junty.—(Hear, hear.) With the greatest respect to
the worthy Magistrate, he must say that he thought he
had used language that he ought not to have applied
towards his brother Magistrates, when he said that no
ingenuity on the part of the Visiting Justices could pre-
vent an inquiry into their public conduct. The Hon.
Gentleman had also charged the Visiting Justices with
having made statements that were untrue, but they
were left in the dark as to what those untruths were.—
(Hear.)
He had felt it to be his duty to bring this sub-
ject before the Court, and he hoped the Court would
f !el that he ought not to be placed in the painful situa-
tion of having such letters addressed to him as Chair-
man.—( Hear, hear.)
Mr. BYNG said that his addressing the Chairman was
only to be attributed to his ignorance of business, but
h bad thought that that would be the most open and
fair way of contradicting the charges made, It was a
serious evil to parishes to have constant attacks on their
purses by any irresponsible Magistracy, and who ap-
poi& tel a still more irresponsibleCummittee. He consider-
ed that as a Magistrate be had a right to inspect the ac-
counts of the Hanvvell Asylum, but which he had h-en
refuses!. What he had done was with a good intention,
but if he had acted wrong, he begged pardon. As he
understood the Act of Parliament, any Magistrate had
a right to inspect the accounts.
Mr. Sergeant ADAMS said the explanation of the
Worthy Magistrate was so satisfactory that it had re-
moved every unpleasant feeling from his breast ; but he
thought after all that had passed, he thought it would
be something like fairaess if the Hon. Gentleman was to
inform the Visiting Justices in writing before the day of
attack came of what the charges were that lie intended
to prefer against them.
Sir P. LAURIE—What is to become of these
let

tern ?
Mr. Sergeant ADAMS'S wish was that they should
be burred.

Mr. BYNG said perhaps they could not be better
diBposed of.
Mr. GIBSON did not think Mr. Byng bad been
treated fairly. That Hon. Gentleman bad been inter-
rupted a little too •early, because it was impossible for
him to reply to the remarks that had been made with-
out stating the motives and reasons which bad induced
him to write that letter. Daring the whole course of
this proceeding there had been a strong prejudice
against the Hon. Gentleman. He (Mr. Gibson)
knew that a strong feeling existed throughout the
northern part of the county that there had been
a very latish expcnditurc of the public money on this
subject, and had no doubt that in a very short time
they would receive remonstrances from fifty or sixty
parishes.—( Hear.)
Mr. Ser4eaut ADAMS then resumed the Chair.
Mr. Tta.x gave notice that he should on the next