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London, England, 1819-04-20 00:00:00

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7,e, tom. .., . - • ~..
P..

NUMBER 8308.]

TUESDAY. A

RH, 20, 1819

[PRICE SEVENPENTP:

T• EAST INDIA HOUSE, April 7,1819.
HE COURT of DIRECTORS of the UNIT-
En COMPANY of MERCHANTS of ENGLAND
ADING to the EAST INDIES, do hereby give Notice,
That at the GENERAL COURT of the said COMPANY,
17°inted lobe held at their House in Leadenhall-street, on
1
EDNSDAY, the CHst: Instant, there will be submitted,
c°l" confirmation, the RESOLUTIONS of the GENEIIiAL
:lIRT of the 24th ult.. approving the Grant of 4,0001. per
nnoinout of the General Fee Pnod, and 6001. per Annum
611 t of the Company's Cash, in aid of a FUND for the IV=
i:6t of the Widows and Families of deceased Officers upon
kgolar Home Establishment ; the Grant of 5001. per
2titim out of the General-Fee Fund, and 5001. per Annum
"f the Company's Cash, in aid of a Fund for the Benefit
the Widows and Families of deceased Elders, Extra Clerlis„
and others, of the Home Service; and the Grant to 'Liens
fealint-Colonel.lA MES SALMONDc the Military-
:"nducting tbe Military Evrespondeuce with India, of
• addition of 5001. per Annum to his Salary.
C°PIES of the PLANS for the EstablishMent of the said
ndsa together with the REPORTS required by the Bye-
tsr now lie open itt this House for the inspection of the
°Ptietors.

MR. WEST'S EXHIBITION.

OBSERVATIONS

and in Which alone it could be contemplated with
pleaWre and respect.

T•
E GREAT PICTURE DEATH on, the
PALE HORSE, CHRIST REJECTED, ST. PETER'S
FIRS'!' SERMON, PAUL- and BARNABAS RECF.IVING
the GENTILES, the ,BRAZEN SERPENT, the CRUCI-
FIXION of our SAVIOUR, with other PICTURES and
SKETCHES, are now EXHIBITING, under the immediate
Patronage of his Royal Highness the Prince Regent, at
N 0.125, PALL-MALL, near 'Carlton-House, every day front
Ten ti I I FAT. .

THE ELECTORS' OATH BILL,
Which stands fur a second reading, on Thursday next

In many cases connected with the right or vot-
ing, on all subjects, the opinion of the Legisla-
ture haS been Most decisively expresSed. It has
been so in all the statutes already Yltu,it d to; in that
which regidated the voles in the General Courts
of the East India Company, where not ortl'y art
additional epi,lification in the value of stock, but
a certain term of possesSion, was required, and
even in many matters of less apparent iMportauce.
With respect to the making-of occasional votes r
Towns and Rorongbi, for the purposes of Parlia-
mentary Elections, the Law was most clearly and
ably expressed before the Revolmion, by the then
Chief Justiice, Sir Francis Pemberton, in a case,„
the report of which •Wes drawn up-by the grea,C
Lord; Somers, and was published in the collection
of Ti acts which bears his name.*

The professed intension and obvious design of
this Bill is to prevent the abuses which at pre-
sent prevail in those boroughs and towns where
the right of voting is in freeholders either resiant
or not, and where, for the purposes of an election,
new freeholders are created up to, and some-
times after, the issuing of the writs for such
election.

13'y Order, CHARLES SMART, Sec.

It would be a waste of time and of labour to
skew that such practices,do exist and have long
existed. Their prevalence is proved by numerous
instances, ancient and modern, recorded in the
Journals of the House; and the personal know-
ledge and information of every Member must fur-
nish satisfactory testimony to their minds without
the statement of particular facts, or recurrence to
recent instances•

That - was an action brought by Denzill Ons-
low, Esq. against William Uapley, the Return-
ing Officer of the Borough of Hasletuere, for a
false return. It was tried at the Kingston M-
sizes in July 1681. Among the facts proved on
the part of the plaintiff, it appeared sonic of the
voters were not real burgage tenants, and that if
any conveyances had been wade to them of bur-
gage lands, ;hey were lately made, and fraudu-
lently contrived to make votes against an election,--.
Two had been made after the to to of the Pat lia-
ment writ, and three others to answer all elec-
tion purpose five years before. In the making
of these qualifications, several instances, of gross
contrivance were shewn, and the eff,ct was aid-
ed by proving that ten or twelve such convey-
ances had been made for the purposes of a former
election by the patron of the borough, and had
been given up to him after the election was over.
This evidence making the impres,ion on the
Court which it was so well calculated to produce,
the Recorder of the borough, who was of Coun-
sel for the defendant, had the imprudence to
justify the proceedings; and to say, it was part of
the constitution of our government to do so.—
" At this," says the Learned Reporter,
CoUrt seemed very angry, and wondered that any
one, especially of the gown, should say so ; and
said, Do you think our government has no better
consti ution ?" With which the Gentleman not
being satisfied, be sas told by the Court,'' he
deserved to be taken notice of for saying so, and
that he seemed to have advised the thing done."
Respecting the making of fictitions votes at for-
mer elections, the Patron of the Borough at-
tempted to say something in the way of excuse,
but the Coilt t told hint " It was too bad to be
excused."

JOSEPH DART, Secretary.

t AST INDIA. HOUSE, April 7, 181?.
'll-1 F,t'oo. Of DIRECTORS of the
tAk. CO'NOANy -of MERCHANTS of, ENG-
"II'• TRADING to the F kST 'INDIES, do hereby give
ssuti,
vs
•
That the SPECIAL GENERAL COURT of the said
to
tqIIPANY, appointed to be held at theiT House. in Leaden-
n. , :lreet, 00 WEDNESDAY, the #.lstAnstant, is made fur-
"PtCIAL for the purpose of laying before 'the PRO.
Co.tiEbT°llB, for their approbation, a RESOLUTION of the
.of DIRECTORS of the 17th ultimo, granting to
Sir MURRAY MAXWELL, who commanded his
tii ItY's late Atceste, the Sum of 1,5001. under the
"flimances therein stated. •
for 1 Report required by the Bye-Law now lies at.this, House
•11:4.pe rasal of the Proprietors.
COURT is further made SPECIAL, fur the pur-
-14,6uf laying before' the Prop
Ihr Y With, the 17th rierors, for their approbation,
4 f(lnnit:Section cattle 6th Chapter of the
1,
fur --Ysta•RESOLU'TION of the COURT of DIRECTORS,
•
At vPli°itatuent of a Chaplain to the Company's Factory
ant"ll, with a Salary of 8001. per annum, payable out of

It is not,the object of this Bill to introduce any
innovation in principle, to invalidate any charter
or prescription, or to destroy any established
right. It makes no attempt at general reform, or
the subversion of any known or established fran-
chise, but has for its aim and end the simple and
satisfactory design of making the rule of election
more perfect, and more consonant to general
principle, by removing one dangerous and invi-
dious anomaly, which enables the proprietors of
freeholds in certain parts of England to create
voters for occasional purposes, by means which
have at all times been declared to be contrary to
law; and have been by repeated Acts of Parlia-
ment, particularly by some of those which are re-
ferred to in the preamble to the present Bill,
guarded against with all the vigilance of the Le-
gislatnre, and all the power of the law. It p.m-
poses to effect this beneficial object by requiring
the voters in towns and boroughs to take an oath,
previous to their voting, similar in every respect
to that imposed by the 18 Gen. 11. c. 18. sec. 1.,
and 19 Geo. 11. c. 28. sec. 1. on electors of Mem-
bers of Parliament for counties and for cities and
towns which are counties of themselves, except
that the oath prescribed by the present Bill does
not specify the value of the freehold, and conse-
quently THR RIGHT OF VOTING in the boroughs
and towns -to which this Bill applies will REMAIN
UNCHANGED AND UNALTERED.

" the

JOSEPH DART, Secretary.

Isi AST INDIA. HOUSE,
Ilk c •,- of DIRECTORS of ,
- OtRl.l March 30, 1819.*
the UNIT-
• 11 col-- prA-4 rof - MEM; -
ILat.) . •4. -•
do hereby give Notice,
Itt, ENG to the EAST INDIES,
If ktiTS, of
..ENGLAND
Leadenhall-street,
l' 11l 't,t. a GE. N: EILIL COURT of the said
11:11:1 Adjournment at their House in COMPANY will be
at Eleven o'Clock in
th„,,NESD IY, the 21st April next, .
tio;"41.10oil, for the
the 44th In-
Court, on -
cif
4 41c'tion made- in the General . .
t4lll t purpose: .. . proceeding in the considera-
ll e i' 4' aPprtive a Resolution of t
viLKINs
___,
ON under
11:e -7til Plt• granting to i)Ir• JAMES \min
. he Court of Directors of
S of 75,000 Sicca
141eil'ellllftance
therein
stated,
thelnterest thereon, at
chi'i' rs' 4t 9s. the'Current Rupee, with
‘, etn't. per annem,
~ The ('n
P,ayinent shall be made.
from the llth October, 1816, to the
th'e -5. L'oiltl: of DIRECTDRS:
from certain Pro-
i,it ,L4re received the following Letter
do further give Notice, that
tta :k°ll 1)1 East India Stock, vl2 '--
mAN, and the
"(41.1.11.1111AN, the DEPUTY CHAIR'
of the
-4,,(1N0L/ItABLE the COURT
; .e. 1...„
4 INDIA COMPANY. • of DIRECTORS
General Court,
hex''x--We have the honour to inform you, that it
4:llrintention to move and second,
.614/Imq for the 21st April next, thatatiotshteead
of the Sum of
1816, to the
;11:1)()Qr Sicen Rupees, at 2s. the Current Rupee, with Interest
‘ "11, at 6 per Cent. front the 11th October,
to
be
granted to
JapesY wile"
I)4Yinsist shall he made, proposed
h In-
Wilkinson, Est. the said Grant shall be the Sum. of
it88)8°8 Sicca ilunees at 2s. 6,1, per Sicca Rupee, with
In-
-1817, at 8 Pet Cent. ' per .anniim, front the 30th of Apnriel-,
L'a till the same h aid, in confornrity witlii.citalliley
ap-
-4d
Lltecomnienilatioli: uf the Committeel
alr..c. uY the Governor-General in Cou.t,ictmetasotpliciinn(aisuisdleyr
oo
ft
tpihioanles Wilkinson's Case, who were
t' unanimously
to
~1114c11%,1,114,1 the said Sum was the lowest
request the fa-
"l.4 tl‘. •• `Vilkinson was entitled ;"
lteu.on',4l this Notice may be eie" to the iilrt
--Js Previously to te holding the said CI ont,en.
and
"e"P • ; rietors four-
iotht},°n hate thenhonour to be, Gni,.,lliet
seerea,nrs.
°lltlon Your obedient,
CHARLEShuI FORBES.
Marti,'
C. COCi•EIsE ,
I„C°Pies 't)lBl9*
•
Mr. Wilkinson,
kith the lolf le Papers relating to the Case of .
L.
6 sec. 20, are
‘'Pett f ep°ll req •••d bv the By-Law, cap.., f__
se
i ur the ins ' - c - ' •• .s at this Mu. •
Pectiou of the 1)1'014110w
Secretary.
A , i JOSEPH DART,
11., n'ASHAT:EltATEandcures
prevents ,
.1
' ful vitan
14Atx.,sth°se troublesotne and pain s
4
c.,..c
t",. Whether in it hrolten or nnbroken )statersrem:•l
Irltericbu'llg and Intl:nu:nation on the first application, Ise e le-
tiited hruken hals' hurter time than can
much s
hW ,'-4„ ,t h y experieu: a
d
:\lict.°l.,"us, Ulterittetcllegs Burns, Scalds, Bruises,taianiiii.
94 l'' of every deitotniii.tt'ion and of howeier lung s
' re effectually; cured by this Cerate.
KA (I‘, 4,lQa m, Copy of a Letter:
" Liu ruilighatn, June 1804.18,,..
ompe7, singular and important Cure iterfortned, b)
~'"1
'<i t, t uttiVersal
traceimportant elemands publicity; •(-12'.1-'l'"'
11411,, t) 14112 t Man of uof Harris worhing with hint,
~-98 Iln-H4 "en afilict .1 t : • tieitelt years with a most nits and ht.til 7e4,,,: instoniucli as to he almost in a
'44, 4‘ PUtrefaction't he ' had been in the London Hospital,
.n
to salt water, and tinder Surgeons of this place, fur.sietce,-
tti ,P4,:ti• When and
boxes of Marshall's I:_nsi,vlt:tr.sat.i.lik
liPt!,4e..bzrlit of me, completely cured hilmou.lal.iy• 11 1 '
, by pub-
11111114a rir'steaset! p4l:(ltotttt!rtg the cause of 1
e Li y opportunity
0
fmaking it known
be embraced by
doll.sN;,treet,BirmiY, olillts ohedient humble servant,
c I:,
Booltseller."
ki.:l'll Wholesale afd RetailE.
' !wards, Sole Agent to
1 M.
NI . ~ i . by E. Ei
41itit 4 ' '•'11, bo, tin themoot
Way, St. Paul's Church-yard,
11,,di41,1t. oe,arly oppoote the general Enhance
to the Ca-
!•••7--1 rice Is. ld. and 2s 9,1. per Box.
Spi
Whee al.. wayl .procured,
Ca-
sN I'SBI7RY'S P• • '•!" ' Tic DROPS, a
tii,,.(i.,in ~. .AI EN I ANTlscoldiu. , s
.r..
Plc •7
414„,44 hi ".""Y, Gout, klietimatistn, Eruptive 'T";h„
'illftare, 1,,,:)""e".1 prepared at the Disp,ensary,
"Cbe (i,i,in,PrieeGs•—•ls.6d.and 11. 2s. Duty included.
ue has it 131Aek luk St,,t4P•

Upon principle-, nothing could be more absurd
than to state, that in a place, where, by charter or
by custom, certain persons qualified in a prescrib-
ed manner are entitled to select an individual to
represent the community in the House of Com-
mons, some person or persons, possessing a
• large share of that which constitutes the qua&
ficatiort, may, by a mere colourable or pretended
distribution of it among friends or dependants,
taken for the purpose without any beneficial
interest or title whatever, over-rule and de-
stroy, the will and franchise of others who
have a real, permanent, and incontestible interest
and possession ; and who, by every rule of law,
of justice, and of common sense, ought to return
the representative. It is not more unjust, nor
more destructive of the principles of the Consti-
tution, to propose that numbers, without regard
to'property, shall return the Members to Parlia-
ment, than that property shall be so used as by
creating fictitious or occasional numbers to annul
the rights of those, who, although duly qualified
to vote, have not such a redundant property as
will enable them at a given moment to qualify
.great numbers, or such an influence as, if they
'should qualify them, would make them certain
that such persons would conform to their wishes.
If the only advantage to he gained by the pre-
sent Bill were the establishment of an uniform
system, and the placing of all rights on an equal
footing, such an advantage is of very high im-
portance; especially in a community where all
•tireti reason on their rights, and whet:: every de-
parture from-the general system, or the declared
law,• is viewed as an attempt to commit some
wrong, or to invade the liberties and rights of
the subject. But in the present case the evils are
not imaginary, nor the wrocgs speculative. It
is known that the making of occasional and
fraudulent votes to support a particular person, or
to answer a present purpose, has been the source
of much real injustice ; and', if it has not been,
in all particulars, repressed by Parliament, it has
not been because the law was unknown or not
sufficiently declared, but because in all attempts
at correcting abuses- or establishing systems, it
has been found that the earliest attempts were de-
fective, and that the first enactments required fre-
quent alterations and additions belore the views
of the legislature could be fully accomplished.

Under the direction of the Learned Judge, a
verdict was given fur the plaintiff ; and in the
course of the evidence, the Court baying observ-
ed one individual to be so active and busy in the
cause as'to‘leave no doubt of his being an instru-
ment in the illegal transactions which were dis-
closed, compelled him to give sureties to appear
in the following term, to answer to an informa-i
!ion for a mihdemeanonr, and bound over Mr.
Onslow to prosecute him.

This case the Learned Reporter justly entitles
" a memorable case." During the tvhole trial,
he says, the cause was managed with great care
and circumspection, the Court declaring it was
of great weigbt ; as great as any that ever came
there to be tried. •

" The Court," he adds, " had great reason
to stew an extraordinary abhorrency of such.
practices, for that the mischief is grown almost
general, and to rectify and punish which abuses
the House of Commons in every Parliament are
compelled to pass more lima half their time."—
." But because," he continues, " here is by sta-
tute law no particular provision made against
such practices, many by sordid means have en-
deavoured to perplex elections and debauch Parl;a-
meats, and think.themselves not punishable for it.
This case and the reason of it will better inforns
them, that by the rule of the common law an of-
fence of this nature is punishable; for will any.
.man think that small frauds, cheats, and prac-
tices should undergo a censure in the ordinary
courts of justice, and not such great violations of
truth and honesty in matters of the greatest mo.
went ?"

Such were the declarations of the law, and the
reflections arising from them, at a period when,
the rule of the Constitution was not perfectly
fixed, and when the independence of the Judges
was not secured by making them irremoveable
while they should conduct themselves properly.
Since that period, none of the doctrines thus
laid down and promulgated have been over-ruled,
or even controverted in debate ; but in practice
they are set at nought at every election. The
difficulties anti disadvantages under which a plain-
tiff or prosecutor must lie who should institute a,
suit for any of these mal-practices, deter them
from going. into Courts ; while the patrons of.
boroughs, unawed by declarations which impuni-
ty teaches them to disregard, anti encouraged per-
haps by the accidental omission of the particular
right of voting poiwed at in the present Bill,
have gone on violating the law, and deriding its
prohibitions.
. The present Bill, therefore, is framed for the
purpose of giving effect to the law as declared,
not by Sir Francis Pemberton alone, but by
many other great men on the Bench, and in and
out of Parliament, since his time, for the purpose
of bringing the practice of the Law of Elections
to that state of uniforniity in which all reasoning
tnen delight, anti in which alone true justice cars
be found ; and for the purpose of repressing
abuses too notorious to be denied, and too gross
to be defended.

Before the Grenville Act had fixed the practice
of Pot liftmen: on contested Elections on the basis
of purity and correctness, and even before the
Revolution had established the general prinfiples of
Representation, the Law was strongly and clearly
expressed against thenraking of occasional votes in
any place, and under any form„ for the purpose of
giving ascendancy to any individual or party iu
E'ections; whether it ‘vere of Member of Parlia-
ment, or to any situation of credit and trust. ,Con-
sequently, the various enactments relating to the
splitting of freeholds, and for the preventsion of
fraud and oceasionality, which passed from the
Revolution to our own tittles, were neverconsi-
tiered as privations or undue restrictions, but
merely as the efforts of wisdom and integrity, ma-
tured by experience, to bring back the system to
the stag ufprity in which the law hatl.placctl

In the first edition in Vol. I. p. 374; in th. late edition
by Walter Scott, it) Vol. VIII. p. 270.