The Sun.
London, England, 1835-06-06 00:00:00

body only, consisting of a Mayor Comtnon Council, in whom
this power shall be vested. The Common Councils shall
consist of various members, in a manner not arithmeti-
cally,' but generaYly .xed, and varying from fifteen, in the
smallest boroughs, where there are about 2,000 inhabitants,
to 90 in tle largest.—( Cheers.) With respect to the
largest,bf these towns, there are only twenty in number
in welch there are 25,000 inhabitants, and we propose that
tF.ese towns should be divided into Wards, and that a certain
number of Common Councilmen, as stated in the Schedule,
should be chosen in each Ward. With regard to the 162 other
towns, the whole of the inhabitants, as stated, shall
elect a Common Council. —( Hear, hear, and cheers.)cheers.)—
With respect, however, to those persons who at present
enjoy advantages, we do not propose to deprive them of them
during their life, but we propose, in future, that no
person shall be admitted a burgess of these Corporations,
except according to the rules I have just mentioned, namely,
that of permanent residence, and duly paying rates. I know not
what argument can be raised with respect to the re-
gulations which we propose to lay down. I do not
believe that there will be any sufficient case to
be made out, when we have established the facts
as they are stated in the Reports, or that there can be any
case made out for admitting persons to become Members
of Corporations, except as we propose.—( Hear.) I will just
mention the right of birth, which is undoubtedly one
of those ancient rights belonging, and most properly,
to Corporations. In former times the inhabitants of
towns were justly proud of their place of birth. When they
saw that all the inhabitants round them were villains and
slaves, they had.a just right, if they left the town, to claim free-
dom by birth. In the same way the right of freedom by trade
and by servitude arose in those times when those trades re-
quired it—ls:lien they were rising and making their way
against tlsie barbarism that surrounded them. But in
those slays, when we are all equal and free subjects,
when those trades are not, as formerly, matters of great
Par:ty interest—( Hear, hear)—l do not think there is
kny reason for distinctions of this kind, and, I think, we
Ought to abolish those kinds of right altogether.—( Hear. )
it is proposed to abolish all exclusive rights in trading,
with a due regard to the pecuniary rights of persons now living.
For instance, I may mention the case of two persons in the
city of Exeter; one of whom, not belonging to the Corpora-
tion, pays 100/. every year for certain tolls to which he is liable ;
while the other, who lives next to him, has no toll of that kind
to pay, because he belongs to the Corporation. So far as the
pecuniary advantage of the latter person is concerned, he will
continue to enjoy it during his life • but we propose that
nothing in future shall exist of the nature of these ex-
clusive rights and exemptions, which are, undoubtedly,
inconsistent with the good government of these towns.
( Cheers.) Now, Sir, with regard to the election of Coun-
cils, we propese that the members of Councils should be elected
every three years, one-third of whom are to go out every
I,ear. For my own part, I must confess, my conscientious
belief is, that the inhabitants of the town, in select-
ing persons in whom they can place confidence,
whether they elect them for either three years, or for one year,
would generally elect the same persons for whom they had a
regard, and in whom they believed the disposal and
management of their property might be safely placed,
and by this plan they will certainly, at all events, have two-
thirds of the council who have had some experience in
the management of their affairs. In regard to the mode
of election, it is not important at all ; but it will
be done by a written list of persons, containing the
names of all those who wish to be elected on the Council. We
propose that the Mayor should be annually elected, and
that he should be during the time of his mayoralty a Justice
of the peace, and a deputy lieutenant of the county—we do not
propose any qualification. It often excites great ill will, and
we have therefore thought fit to have no other qualification
than that which is now naturally preferred in all civilized socie
ty. Now, Sir, with regard to the Councilmen, they are to have
the power of appointing a town-clerk, treasurer, and all officers
required to carry on the business of the Corporation. Cer-
tainly we do not intend to oblige them, for it would be totally
inconsistent to make the attempt to oblige them to preserve the
present town clerks —( Loud cheers, and cries of " Hear.")
Of course, when I say it would be utterly impracticable to do
it, it is because, with a new council coming in, it would
be quite necessary to have persons in whom they can confide,
and who will do the business in the manner that they lay
down, and not presume to hold them at defiance—( Hear)—at
the same time when there is any peculiar claim that can be
made by an officer for services rendered, if compensation can
fairly be demanded, it would accord with my feelings to pay it.
( Hear.) Now, Sir, the most important part of these municipal
Corporations is the management of the funds, a management
which certainly at the present moment does not shew any very
great wisdom or economy—( Hear)—while the gross income
amounts to 367,0001. the expenditure is 377,0001., and
the debts amount to 2.000,0001.._(Hear) We find that
some of these Bodies have incurred debts from year to year,
and have been, up to the last two years, raising loans which
they were dividing amongst themselves, the proceeds of those
loans, and getting deeper into debt---( Hear.) We propose,
therefore, Sir, that the Councils should have power
to have any Committee in order to manage these finan-
cial affairs, and that these accounts should be regularly
audited and regularly brought before the public, and that they
should no longer be kept as secret accounts.—( Hear, hear. )
Now making this security of publicity, we make, in my opinion,
great progress towards placing these boroughs under better
management.—( Cheers.) There is another point of duty
on the part of these Corporations, which has been no less
badly managed ; I refer to the management of estates which
have been left them for charitable purposes by charitable per-
sons.—( Hear, hear.) We propose that these Councils
shall become the trustees of those charitable funds,
appointing, if they choose, a Committee for their management,
at the same time appointing a separate Treasurer and Secretary.
It
of is likewise provided that the persons having the management
those Charity Estates shall not be less in number
than fifteen, chosen from among the general body of
burgesses in the town, because it me.y often happen that
there may be persons who dislike to bear corporate offices,
but there may be others who, from their knowledge of
business of this kind may be most fit persons to fill such offices.
Now, Sir, having mentioned all the persons in whom the
government of these Corporations are to be vested, who
are to be the electors of the governing body, and what
is to take place with respect to th funds of these
charities, I come next to the part which regards
the administration of justice and police in these boroughs.
Sir, we propose that the whole watch of the town,
the business of watching the town, shall be placed completely
under the control of the council, and all provisions in the
local Act, so far as they militate against that power, are not
to be continued. It seems high] y necessary for the municipal
Government, that the keeping of peace—the quiet of the town
as it was termed in the olden time—should be with those who
are to have the government of the town. We think there ought
to be nobody acting inconsistently with the general council, so
far as the watch is concerned. I will not now enter into
the provisions made as to paving and lighting, those powers
are often exercised under Local Acts by Commis-
sioners. It may be desirable hereafter that this power
should be cancelled, but we do not propose to interfere with
these local Acts, so far as relates to any consolidation..-( Cheers.)
With respect to the police of the towns (and there was a
portion of the police which led to great abuses), it was pro-
per that their appointment should not be vested in the Ma-
gistrates. It was not conducive to the ends of justice,
to have the power of appointment mixed or confounded
with the power of administering justice. It was therefore de-
termined upon that this privilege should be left to tlse Council,
or to a Committee of the Council—a Council elected by the
rate-payers of the town—by the popular mode of elec-
tion, and- although there was no doubt that the Members
of that Council would be naturally inclined to favour their
private friends, yet a body elected under popular control was
less likely to make an improper appointment than if the
power were confounded with that of the local ma-
gistracy, and not so calculated to do an injury, as
if the robe of justice were sullied by so vile a contamina-
tion.—( Cheers.) Another portion of the question I shall
now approach—which is totally separate and distinct from
that of which I have now been treating—l mean the
administration of justice in towns and boroughs. We propose
that there shall be a division of these 183 towns into two sche-
dules. We propose to put 129 towns in schedule A—to
which we shall give the Commission of the Peace. In the
remaining 54 towns, they may, if they think proper,
have a Commission of the Peace. With respect to the 129
towns the Council is to have the power of recommending a
person—a Magistrate—for the Commsssion of the Peace, but
not a power to elect a Magistrate in such a manner as that
the power of the Crown would not be necessary to perfect it.
There are more than 1,000 Magistrates in these boroughs—.
that number is not, in my opinion, necessary, and I think that
the Councils will take proper care not to recommend any Ma-
gistrates but those whom the advisers of the Crown are most
likely to appoint. I propose that the Magistrates shall not have
the power to preside at the Quarter Sessions—which were
held in a great many places for the administration of justice.
But, Sir, there is at least a considerable number of
these boroughs in which it may be proper to have a Court
of Quarter Sessions, where they have now a Court of Quarter
sessions ; and in many of them there is a Recorder, who is per-
fectly fit for his situation, which Recorder ought to be con-
tinued. We propose, therefore, that on application to
the Crown, by the boroughs, for liberty to have a Court
of Quarter Sessions, and upon stating that they are
willing to retain the Recorder, the Recorder shall be re-
tained-4 Hear, hear)--but these Recorders must, in every
instance be barristers of five years' standing. Therefore, in
those towns where there is now a barrister of 5 years standing
as Recorder, and the town is satisfied with his administration
of justice, that Recorder may remain, and the Court of Quarter
Sessions be also continued. With' respect to other towns,
who desire to have a Court of Quarter Sessions, and
which have no Recorder, we then propose that, with
respect to all nominations of Recorders for the future, that
that nomination shall be vested in the Crown.—(Hear,
hear.) Therefore the town is to declare it requires a
Court of Quarter Sessions, and it is to show that
that Court of Quarter Sessions may be conveniently held
within that town - it is to show that it is ready to provide
the necessary salary of a Recorder, and then it is left
to the Crown to appoint the judge who is to act. Sir, it
seems to me that it is better that that power should be in the
Crown, limiting it always to a barrister of 5 years' standing, than
to have anything resembling the popular election of Judge.
These Recorders will be appointed during good behaviour_.
they will not be removable at pleasure, and therefore I think
we may rely upon their exercising their functions independently
and honestly. Sir, there are, some provisions that are
necessary relating to Quarter Sessions, with respect to
county rates, into which, it is not necessary that I should fully
enter. It is reported in some places, the County-rates would
notbe levied ,by the Justices of the Courty, but in certain f
proportionk by agreement, between borough and borough ;

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