The Sun.
London, England, 1805-01-03 00:00:00

MIDDLESEX ,E-LEarioN.

Considering• this ,subjeCt as 'deeply interesting to
the people Ofobis Country, we resume our ExtraCis
from. the• Pamphlet entitled " kLetter to the'Free.;
holders tsf.Middleitex," in whiCh it is treated
w itlt great inmieration and candour, but at the
'I onC 11111 e •with Artie pit/1.106e spirit, sound argil,
men t, sod a strenuous zeal.for the rights of EleCtion,
and the Purity of the British Constitution.
On the last day the systerrs which had prevail-
ed doting the whole EleCtion, of bringing up
crowds of Voters for, Sir Francis BOrdett towards
the close of the Poll, was pursued to 'an extent
greatly exceeding whst had takeO' place on any
preceding day ; and great numbers of persons, of
the lowest descriptions, and of the most suspicious
appearance, tendered themselves ;o vote for that
Candidste., Marty of these,'On.being objected to,
werosuifered by.rhe Sherits, or their Officers, who
were stationed upon the Hustings, to vote, because
no one happened to be alge," on the spot, to falsify,
the account they .were. prepared to give of them-
selves. But .with regard to others, the tax.collec.
tors, who ware applied to on the occasion, vouched
that they did nut live in the places described by
them as their residence, that the tenements in Tright
'of which they pretended to vote were not free` old,
or that those freeholds were the property es other
persCos. On suchorounds, and in such manner, a
considerable number remained objeCted to at the
, Clogs of •the notwithstanding ,the exertions of
the slicriffs to prevent .any Voters from being de.
layed by groundless objections, and the assiduity
of, the Assessor tis deckle
,upon as many objections
as possible before three o'clock ; and several
known, respeitable, and, opulent persons, who came
to vote fir Mr. Mainwaring, were objected to,
avowedly for the purpose of Making reprisals.
‘e During the last two or three days of the Eke.
tion, Sir Francis Burdett and his friends threw our
some hints, which proved that they anticipated the
case above described, and that they had in mom-
plation the scheme, which afterwards took effett,
of pr:curing, an examination, atter the close of the •
Poll, of the reserved votes, On the thirteenth day
Sir 'Francis expressly suggested the probable neces.
sit), of such n examinattift ; -ftittoding that neces.
soy on the multiplicity of objeelions made talus
Voters, rasher than on the chataCter of a very large .
proportion of those Voters, which was Such as to
render very numerous objeCtions indispensably, pc,
cessary, to preserve the rights of real EleCtors frntii
beini swallowed up in a miss of fraud •and per,
jury. .On the .InOrning of the fifteenth day, one
of Sir Francis's Counsel intimated, to the Assessor an
expeetatiori, that the reserved vote& Would be exit.
'Mined after three o'clock. 'Whenever this subject
was tOOCIISti ppm'', Mr. Mainwaring's Counsel
toost sidemnly protested aglitist the proposed exa.
, 'flirtation, as' a measure altogelher irregular, unpre.
cedenteds and incompatible Wfth the express pruvi.
lions of the-lawi and on the occasion mention.
ed, they offered. to argue the question itutnediatety
but as such an ar,,;'otnent would 'have broke:it-in upon•
tie business of the mornipg, the Assessor postponed
the discussistil till the Poll should bts,
_QlOged•
« Thus the matter stokAt A-in bite., sky el,>sts of
the 'lle right to an examination of reserve
ed votes . was claimed can th port of Sir,Fraincis
Burdett, and denied on that of Mr. Mainwaring;
and the question, whether such an examination
should take place, was resorted for argurp;nt.after
three o'clock.

" immediately after that hour, Counscl, were
heard. on both sides, 'and at consider4ale' length,
on the above, question ; and the Sheriff-I then de.
Bided that all the Voterswho.were reserved on the
fifteenth day (and who were sup'rosed :to be in at..
tendsnce), should be caned, and that those who an-
swered to their nillllol should be exaMined. The
examination accordingly took place in:char manner,
but it was attended with circumstances which ptov.
eri that it afforded but a very faliaciotia test of the
validity of votes. Even during the argument
which preceded it, the tHob was exCeedingly tumid-
twilit. At. length the night -approached, and the
sprnptoms' of' tint arid outrage became very alarm,
ink. Sir William Leighton, attempting to' quell
the tumult, was obliged to draw his sword, In
the midst of such a scene Were theVoteri examined ;
and ten for Sir Francis Burdett and four for Mr.
'Mainvvaring were adjudged to lie goOd, and allowed
to poll in the. Sheriff's Brix. The Court was then
adjourned to the ne:ct day.
and Sir Francis Burdett
proceeded, as usual, to make .a speech front the
Hustings., , •

41 In that speech Sir Francis paid a tribute of praise
to the impartiality and candour of the. Sheriffs. Sheriff
So that the conduct of Elio%e . Gentlemen, by the
testimony of,Sir Francis himself, was tioimpeaChable
to the close of the proceedings on. the fifteenth day.
Of, the following day the-Sheriffs attended, soon
after nine , o'clock.. It was "int known whether
they in:coded, to make. the teturn are.,rding to the,
Poll .2b it stood at three o'clock on a tit precedipg
day,. or whether they purposed to count the Notes
which had -been admitted upon examination sub.:
sequently An.that hour. Mr. Mainwating's•Coun.
se), however, without,. knowing the precise number.
of the voters allowed after three o'clock. 01 the
preceding day, thought it their duty to deliver a
protest against. the admission of those votes on
..the
Poll, And desired to 6e heard, for the purpose of.
chewing that they could nor 'be counted upon the*
Poll, and that the Sheriffs were hound .by
return the Candidate who had the tnajorfiy of votes
,
at three o'clock on the fifteenth stay, " Mr• flamer
opposed the hearing Ut cc,unsel oct this point, on,
the ground that the'Shetiffs had deeitit..d the 'qUeb_
tion' the day • hefoct. Tice Common& tjeant,-hOw.,
ever, said, that the Sheriffs were willing to hear
Counsel on the question cates!, as it was difTeEent
from that n filch had been decided the preceiLng
day. _ , •

"Counsel were then heard on butliaides very much
at length. But 'it 'is unneettbsaryto detail inuelt vi
their aryurneuttt as the Act of Parli,tuient which
regulates the contluti of Returning Ofri,:ers is en
clear ;did explicir, as apparently to preclude the prt,,
sibility of a doubt. The clause relating tu the sub.
jet ,in question is as foils ws :

!very Poll which shall he demanded at any•
Eleaion," ,&c, " shall commence on the day on
which the same shall be demanded, or on the
next day at farthest,. and shall be proceeded on
.from day to day (Sundays excepted) until /he same
he finished, hut AO RS•,no Poll shall continue more,
than fifteen days at mina, Sundays excepted ; and
if str4h Poll shall' convinue until the fifteenth day,
then the same shall be FINALLY CLOSED:at or be-
fire the hour of three in the afternoon:yr the same
day ; and the Returning Officer or Officers, at
every sugh Elettion, shall, immediately, or on the
day next after the final close of the Poll, truly,
fairly, and publicly, declare the name or names of
the person or persons who have' the majority of
votes on such Poll, and shall forthwith make a re-
turn. of such person or persons, unless the Return-
ing Officer, or Officers; • upon a Scratiny being de-
manded by any Candidate, or any two or more
Elettors, shall deein it necessary to grant the same."
Vide,2s. Geo. 111. c. 84. §

"On this clause it was most forcibly contended
by Mr. Mainwaring's Counsel, and particularly by
Mr. Piggott (his Senior Counsel), that at three
o'clock on the fifteenth day the power of the
Sheriffs, as jkiicia/ Officers, was completely ter.
minuted, . and that they were allowed to con-
tinue tit* funftions till the next day only to
perform the nuhterical operatidn of casting up the
Poll.books, -in order to declare the number-5;-
42A they could 'not, offer the above hour, ad-
minister the oath, which is the grand bulwark of
the eledive franchise;-that such oglr,
stered, :would be :extra:judicial, and the party
taking. it would not be liable town inditiment ',for
perjury ;—that, in short, _according to the ,clear
and precise language of the Mt of Parliament,
the Poll mwt:'-‘ be FINALLY CLOilli), at or before
three o'clock on the 4tteenth day,"
,and that ..the
lieturning,Offieer must return the ,person who had
gs the majority of votes on such roll"--that is,
on the,Poll so closed at or before ihree o'clock.

4 g The Sheriff's considering this to be the only
eonstruaion of which the Aet of 'Parliament was
capable, returned Mr. Mainwaring, who had a
majority of fire kt three o'clock on,the fifteenth
day."