The Sun.
London, England, 1822-04-18 00:00:00

COMMON COUNCIL.

Yesterday a Court of Common Council was
held, for the purpose of taking into consideration
the steps necessary to be adopted in consequence
of the appointment of NEWMAN KNOWLYS, Esq.
Common Serjeant, to the office of Recorder, and
for the dispatch of other public and private

business.
ELECTION OF A COMMON SERJEANT.
The RECORDER, in resigning an office which he had long,
and, he trusted, faithfully served, rose to address a few obser-
vations to the Court. Since he had last had the honour of ap-
pearing before them, he had been unanimously elected by the
Court of Aldermen to the highest honour which could be con-
ferred on a-legal officer of the Corporation ; and it now became
his duty to resign into their hands the office of Common Ser-
jeant, which he had held between 18 and 19 years. He could
never forget but with the last moments of his life the uniform
kindness and support which he had received at the hands of the
Corporation. The emoluments of the office had been mate-
rially increased since his first appointment; but what he con-
sidered a much higher emolument than any which was to be
derived from pecuniary grants was their friendly regard.
During the last six years, in consequence of the infirmities of
the late Recorder, a great portion of the duties of that officer
had devolved upon him; and-during the last month, they had
entirely devolved upon him. • This accession of labour, how-
ever, he had cheerfully undergone, as wed as that which arose
from his having brought into greater activity a very useful
Court; he alluded to the Lord Mayor's Court, in which the
Citizens of London were enabled to recover debts by the pro-
cess of foreign attachment. He was aware that the increasing
popularity of this Court must necessarily increase very consi-
derably the labours of his office, but he would cheerfully de-
vote all the powers, whether corporeal or intellectual, with
which Providence had blessed him, to the service of a Corpo-
ration, whose increasing prosperity was the first wish of his
heart, and to the advancement of a city, which must ever take
the highest rank among the proudest citiee of the world.
The LORD MAYOR having stated to the Court the nature
and object of the Requisition which he had received,
Mr. SLADE rose to submit several Resolutions, with a view
of suspending certain Standing. Orders of the Court. The
Requisition, which had been signed by several Blerribers of
£hiit Court, for the purpose of recommending a Gentleman of
the highest character and legal ability, was entirely divested
of every thing like-private or yarty feeling.
Mr. HICK, disclaimed having recommended any particular
individual in the Requisition to which he bad affixed his sig-

nature.
,'The Recitnsition was here read. It adverted generally to the
expediency of taking into consideration the steps necessary to
be adopted in consequence of the appointment of the Common ,
Serjeant to the office of Recorder.
Mr. SLADE resumed. The Requisition was, at all events,
divested of every party purpose, and it was admitted on all
hands that in the appointment of an officer, who might one day
fill the highest offices of the State, it was incumbent upon them
to elect a Gentleman of the highest talents, and the most bril-
liant qualifications. The object of his present motion was to
get rid of those trammels by which this Court had been hitherto
confined. He deprecated the notion, that, in appointing to one
of the highest legal offices of the Corporation, they were to be
restricted to the four City Pleaders, whose situations had been
hitherto obtained by purchase. One of the Resolutions which
it was his intention to submit to the Court was, to suspend a
Standing Order, which declared, that no place of profit or
emolument in the gift of the Court could be filled by any per-
son ,whO had not been a freeman of London for at least two
years. It was quite clear that if this Standing Order were en.'
forced with regard to the office of Common Serjeant, it would
exclude Gentlemen at the bar of the highest talents, and .who
were in every other respect best qualified to fill the office. He
was perfectly satisfied that it was the general wish of the Court
to place the present election on such a footing as would secure
the appointment of a person of the highest character and ability.
Another Resolution which he meant to propose was, that the
54th Standing Order of the Court declaring the office annual be
suspended, and that the Common Serjeant be appointed daring
the pleasure of that Court. He shofild first move that the va-
cancy in the office of CoMmon Serjeant'be filled up by ballot at
the next Court.
This Resolution was agreed to unanimously.
On the next Resolution, that the Gentleman so to be elected
be appointed during the pleasure of the Court, •
Mr. Alderman Bnowx said, that as the Judges had been
made independent of the Crown, he thought the office of Com-
mon Serjeant ought in like manner_ to be held during good be
haviour, and not at the pleasure of the Court.
Mr. Dixox said he remembered perfectly that Mr. Silvester,
the late Recorder, had been elected to the office of Common
Serjeant during the pleasure of the Court, and that having re-
fused to accept the office on that condition, the Court rescinded
their first Resolution and elected him quamdiu se bene gesserit.
ThtrlSlinutes of the Court having been referred to,
Mr. Alderman BROWN said, it certainly appeared that the
Common Serjeant had been elected unconditionally. He should
certainly feel it necessary to move as an amendment, that the
Common Serjeant be appointed in the same terms as the Judges
of the land.
After some remarks from Mr. Sheriff Venables, Mr. Jupp,
and Mr. Oldham, the Resolution was agreed to.
On, the motion for suspending the 35th Standing Order, re.
stricting ,the election of officers to persons who had bten two
years Freemen of the City,
Mr. Dixoll expressed himself perfectly ready to give his
assent to this motion, as he did not wish to deprive any man of
character and talent of the opportunity of offering himself as a
candidate for the office. He trusted the Resolution would be

unanimously agreed to.
Mr. JAMES saw no use in laying down certain rules for the
observance of the Court, if they were to be put aside at pleasure.
Mr. Alderman WAITIIMAN thought the present Standing
Order did not apply to an• office of this description.
The Resoluti& was then agreed to.
Mr. SLADE then moved the suspension of the 10th Standing
Order, for the purpose of extending the time of balloting from
one to two hours.
- Mr. FAVELL supported the motion.
Mr. DIxoN opposed it. He thought one hour quite suffi-
cient for the purposes of the ballot.
The Resolution was agreed to by a great majority, and the
ballot was accordingly ordered to continue open from one to
three o'clock.
CONDUCT OF MR. SHERIFF WAITHMAN AT THE
INQUEST ON THE BODY OF R. HONEY;
Mr. Alderman Bitowx, in bringing forward the motion of
which he had given notice, disclaimed all personal or party
feelings. He felt it due to the Court, that the motion with
which he meant to conclude should be submitted to them, and
due to the Worthy Alderman himself, and his friends, that it
should be carried. The Court had thought proper to record
their thanks to the,Worthy Alderman for one part of his conduct,
and it was equally incumbent upon them to record their opinion
of another part of it. He was perfectly ready to admit that
the attendance of the Worthy Alderman at this inquest was
highly honourable to him in his individual capacity ; but he
felt at the same time that it was a most unconstitutional pro-
ceeding in his capacity of Sheriff. Surely the conduct of the
Worthy Alderman at that inquest could not be justified, when
it was remembered that it was his province, as Sheriff, to sum-
mon the Jury in the event (ff subsequent trial, and to execute I
the criminal in case of conviction. It was most essential to
the administration of justice that it should not only be pure,
but free from the thousandth part of the shadow of a shade of
suspicion.—(Cheers.)—Suppose in the affray at Knightsbridge a
Life-guardsman had happened to have been killed, and the Col-
league of the Worthy Alderman had attended in a similar man-
ner on the part of the relations of the deceased, would the Worthy
Alderman or that Court have set any bounds to their indigna-
tion at such conduct ? No, they would have emblazoned their
opinion on marble, and erected obelisks wherever four cross
roads met, to record their sentiments on so unconstitutional
a proceeding. After some similar observations, the Worthy
Alderman concluded by moving, that it be referred to the
Committee of General Purposes to inquire into the conduct of
It. Waithman, Esq. late one of the Sheriffs of this city, before
the inquest on the body of the late R. Honey, and to report
their opinion thereon to the Court.
Mr. CROCKER seconded the motion.
Mr. Aldernian Waithman and Mr. Dornford rose at the
same moment.
Mr. FAVELL said, it was always usual to allow the party ac-
cused to be heard before the debate commenced.
Mr. DORNFORD said, that notwithstanding the strong opi-
nion which he entertained that the conduct of the Worthy Al-
derman at the inquest was incorrect, and a letter which he had
written to that effect at the time, he should still move the pre-
vious question on the present occasion.
Mr. Jupr recommended the Worthy Alderman to abstain
from any observations on the present occasion, as the motion
was only for inquiry, and passed no judgment on his conduct.
Mr. Alderman WAITHMAN said, he should certainly take
his own course, and as his conduct on the occasion in question
had been the subject of observation both in that Court and else-
where, for the last six months, he should avail himself of the op-
portunity of addressing the Court at that particular time. He
was aware, that by so doing, he should preclude himself from the
privilege of a reply, buthe doubted not that the Court would ex-
tend its indul*ence, if any thing should arise in the course of the
discussion whichinight render any further'observations necessary.
As to the motives of the Worthy Alderman in bringing forward
this motion, the Court had nothing to do with. them. It was to
• be presumed that every Gentleman acted from pure motives ;

yet it was a little singular that the Worthy Alderman should
have suffered this subject to sleep for four months, and then
have brought it forward at that precise moment, when it was
likely to operate as a set-off to the vote 'of thanks which the
Court had done him (Mr. W.) the honour to confer upon him.
The Worthy Alderman here recapitulated the circumstances
which had induced him to take a part at the Inquest on behalf
of the relations of the deceased. It was singular that the Worthy
Alderman, in his zeal for animadverting on the conduct of the
Sheriffs, had not directed his attention to that of the present She-
riff, who had actually acted as Treasurer for the Constitutional
Society, as it was termed. With regard to the transactions at
Cumberland-gate, a minute inquiry had taken place before Po-
lice Magistrates and their Clerks, and every question which had
been put with a view of impugning his (Mr. W.'s) conduct had
been answered in the negative. Had it been otherwise, was it
probable that the tender mercies of his Majesty's Government
would have induced them to suppress any evidence which might
have operated to his disadvantage ? The House of Commons
had refused to institute an inquiry, though the Corporation of
London had been insulted in the person of their Sheriff. In the
course of the debate in the House of Commons, a young gen-
tleman, Mr. Bankes, had taken the liberty to say that he (Mr.
NV.) avowed himself as the prosecutor at the Inquest on Honey.
He had, on the contrary, always distinctly declared that he at-t
tended there in his private, and not in his official capacity ; he •
was not attended by a single officer, nor did he wear the in-
signia of his office. But he might take higher ground, and
contend that he was bound to take the part which he took on
that occasion, in his capacity of Sheriff.—(Here the Worthy Al-
derman read some passages from Blackstone and Dalton, to
shew that the Sheriff, as conservator of the public peace, was
bound to take and pursue all murderers and felons ; and that
though he could not hold pleas, he might inquire of- the death
of a man.)—lt was"sufficient for his argument, however; to say,
that he attended as a private individual • -and he should have
thought himself highly criminal if he had taken the steps he
did to put the Inquest in possession of the information which
from accidental circumstances, had come to his knowledge. He
asked for no indulgence ; on'the contrary, he wished for no-
thing but the closest and most rigorous investigation of every
part of his public conduct.
Mr. OLDHAM thought that if the Worthy Alderman was
bound, as he contended, in his official capacity, to attend the
inquest, he ought to have attended till the,end of it, and not
have retired on the fourth day. He could not help thinking
that the Worthy Alderman's political zeal had induced him
to step. beyond the bounds of his official duties. Under all
these circumstances he thought the Court was bound to insti-
tute an inquiry.
Mr. Jurrythough he admired the conduct of the Worthy
Alderman, admitted that every part of it could not be strictly
justified. He thought, however, that no case had been Made
out to call for inquiry.
Mr. DIXON thought the Worthy Alderman should have
confined himself strictly: to the question of his conduct be-
Tore the Inquest. His own opinion was that a great part of
the riot at Knightsbridge had arisen from the curiosity of the
people to see how the Worthy Alderman would behave himself
on that occasion. He supported the motion.

Mr. JAMES objected to the interference of Sheriffs at In-
quests inasmuch as they had an interest in the deodands which
mighebe given on such occasions.
Mr. GALLOWAY said, an Inquest was a Court of Inquiry,
and it was the duty of every man, whether Sheriff or not, to do
every thing in his power to render it effective. The conduct of
the Worthy Alderman must be approved by every friend of hu-
manity and truth, and he should support the present motion,
because he was convinced that inquiry would only tend to re-
dound to his credit.

Mr. TAYLOR thought the conduct of the Worthy Alderman,
in facilitating the inquiry into the circumstances of Honey's
death, so far from being the subject of blame, entitled him to
the gratitude of his fellow citizens.
air. FAVELL said, he had never felt greater pride in calling
the Worthy Alderman his friend, than on the present Occasion.
The Worthy Alderman who had brought forward this motion,
had disclaimed all party feeling : but he would ask whether, if
he (Mr. F.) were to make a similar motion for inquiry into the
conduct of the present Sheriff for subscribing to the Constitu-
tional Association, he should not be justly suspected of party
motives ? He was sure„his Honourable Friend was the last
man who would shrink from any inquiry, but he should op.
pose the present motion; because, if it were acceded to, it
would furnish a precedent for inquisitorial scrutiny into the
motives of public officers, -which ought not to be suspected, un-
less strong reasons were shewn for suspicion.
Mr. WELSH rose on the grand principle of maintaining the
rights and privileges of his fellow-citizens. Notwithstanding
all, that had been urged by that City Demosthenes, the. Mem-
ber for the Ward of Farringdon Within, or by the Ready
Reckoner of Bread-street Ward---.(order, order !).--he alluded
trot to Cocker, but to Mr. Crocker, who had convicted Mr.
flume of a mistake of three half-pence, in a calculation involr•
ing several thousand pounds sterling, he (Mr. Welsh) remain•
ed unconvinced by the arguments of the one or by the calcula-
tions of the other. The Worthy Alderman who., had brought
forward this motion had at one time promised to be a star of
the first magnitude in that Assembly, but he now seemed des.
`tined to take his place as an humble satellite.. The fact was,
they had too many lawyers among them in that Court-
Mr. JAMES rose to order. _

Mr. WELSH would not be put down by Gentlemen who
had professional reasons for endeavouring to break the thread
of his discourse. lie repeated they had too many lawyers
among them -
Mr. Jury rose to order, not because he was a member of
the profession, but because such language was evidently highly
indecorous.

Mr. WELSH trusted the motion of the Worthy Alderman
would be scouted, as it deserved. lie repeated his opinion as
to the excess .of professional members in that Court, and he
again exhorted. the Court to beware of lawyers.
Mr.-Aldernian WOOD defended the conduct of Mr. Sheriff
Waithman before the inquest on Honey.
Air. C. SMITH supported the motion.
After a ftwi. words in explanation from Mr. Alderman
WAIT lIMAN and Mr. GALLOWAY, - . _

.• .
Mr. Alderman BROWN replied. lie declared that in bring
ing forward this motion, he was wholly.uninfluenced by any
party feeling. Careless alike whether his Majesty's Ministers
would be gratified or displeased at his public condu.t,l this day,
whatever became of his motion, he should retire with the dig-
nified consciousness of having discharged his duty.
Mr. OLDHAM suggested that the Worthy Alderman would
perhaps best consult the feeling of the Court by withdrawing
his motion.
The Worthy ALDERMAN acceded to this suggestion, and
the motion was accordingly withdrawn.
Some other business was then disposed of, and the Court
adjourned.

SUDDEN DEATIL-It is with regret that we
have to announce the sudden death of Mr. WALTON, a Com-
mon Councilman of the -Ward of Aldersgate. Passing by the
White Hart, Tottenham-court-road, between five and six
o'clock yesterday, the deceased fell down and expired. The
body was removed to the White Hart for the Coroner's Inquest.
Within the last 30 years, it is calculated that in Lincolnshire
alone upwards of 300,000 acres of heath, woods, and fen lands,
have been converted into arable.
A new sea bank, for enclosing a fine marsh near Burnham,
has commenced.
A thrashing and drill machine, the property of Mr. THUR.
TELL, at Poringland, were last week destroyed by a riotous
assemblage of persons.

COAL-MARKET, APRIL 17.
Ships at Market. Ships sold
11 Newcastle - .4
1/ Sunderland - -

Price.
29s 6d to 39s 6d
31s 6d to 43s Od.

• BIRTHS.
On the 17th, the Lady of John Walter, Esq., of a son.
At Newhall-house, Edinburgh, on the sth inst., Mrs. Brown,
of a daughter.