The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-11-22 00:00:00

1

COMMUNICATION FROM MR. THOMAS HARVEY.

The MAYOR read the following communication from Mr.
T. Harvey :
" Sta.,—The Court of Queen's Bench has granted a rule
absolute for an information of quo warrant°, to try my right
to act as a councillor for Rodney-street Ward. One of two
courses, consequently, presents itself for my adoption, viz.,
to appear and plead to the information, go to trial before a
jury, and ultimately take the deliberate decision of the court
upon the case; or to forbear defending the proceedings, and
forthwith, or so soon as the forms of law will permit, to suffer
the judgment to pass against me.
" In becoming a candidate for the representation of the
ward in the first instance, after having executed and resigned
the office of revising assessor, I acted upon the best judg-
ment I could form at the time, as to both the propriety of
my standing for the ward, and my legal right to do so.
" With regard to my conduct in the revision, that had been
such as to satisfy my own mind ; and indeed there was not,
and never has been, any attempt to impeach it. And I con-
sidered, and have since been advised by a very high authority,
that, in point of law, my eligibility for the office of councillor
was undoubted. _ _ _ _ _

" The Court of Queen's Bench has, however, given an in-
timation (for it is no more) of its opinion, that I was wrong
in the course which I pursued ; and I think that it would not
be becoming in me to put my own judgment in competition
with that of so high a tribunal, the more especially that I
am, as a practising attorney, an officer of that court.
" I have therefore, sir, to inform you, and respectfully to
request that you will apprise the council, that it is my wish
and intention to consider the late decision of the court as final,
and that in the meantime, until the proceedings are brought
to a formal conclusion, I shall not avail myself of my legal
right to continue to act as a councillor. Indeed, I have for-
borne to do so, by not acting on committees or otherwise,
from the time I was apprised of the rule being made absolute.
" In taking this course, I am assuming that the promoters
of the information will not delay their proceedings, so as to
leave the ward virtually unrepresented for a longer period
than is absolutely necessary.
" I have the honour to be, sir, your obedient servant,
"THOMAS HARVEY.

" Liverpool, Nov. 18, 1839." _
Mr. JOHN SMITH asked whether a new election would take
place immediately, or whether it would stand over till No-
vember next?

The TOWN-CLERK replied, that after what had taken place
within the last two or three days, it would not be proper in
him to pledge himself to any decided opinion as to what
would be the proper course of proceeding. He should have
to advise with the alderman and assessors, and as soon as he
could form a deliberate opiniOn of the course to be pursued,
he would make it public. The Council would be aware that
this was not a resignation, and legally Mr. Harvey was a
councillor. They would have to await the proceedings by
the opposing party, who would have to file an information
on the rule granted, and under that Mr. Harvey would either
have to suffer judgment, or to take such a course as would
bring the matter to discussion. That must take place before
there was a vacancy.