The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1839-11-12 00:00:00

ELECTION OF MAYOR.

"9th November, 1839.
Mr. BENN proceeded. The Council would perceive, that
there had been an attempt to deprive a burgess of his rights,
and it-erai, therefore, due to them to investigate the case,
and -find out who were the other parties concerned. He was
sure the members of St. Anne's Ward, and all the Council,
would be as anxious as himself to trace and punish the of-
fenders, and, therefore, he should move that the case men-
tioned in the memorial be referred to the Town-clerk for full
investigation, and that he be requested to report the result to
the Council.
Mr. SEGAR seconded the motion.
Mr. G. H. LAWRENCE, believed, that it was not a solitary
instance of personation that had occurred at the late election,
but that there had been a great many. He thought it de-
sirable to ask whether there were not more cases to be
brought forward, or were they determined only to punish this
man, who, it appeared, bad been brought before the magis-
trates and acquitted ? He believed he could bring forward,
from Great George's Ward, one or two cases of a similar
description.
Mr. T. HARVEY said, that the only remark he should
make would be to suggest, that, if Mr. Lawrence knew of
other such grievous offences, and did not bring them for-
ward, he was neglecting his duty to the Council.
Mr. none-sox judged it to he the object of the Council to
obtain substantial justice, and, therefore, they could not con-
fine their investigation to this case alone. He did not happen
to know the names of the offenders, but he believed there
were several. If the object of the Council was to punish all
dellnquente, he should certainly join in the motion of the
worthy alderman, and, he had no doubt, the Town-clerk
would be furnished with many such cases. He was glad that
the OEM had been brought forward, and, as an amendment,
should 1730 Te, that the investigation should extend to all other
persons who 'might have offended in a similar manner.
Mr. JOHN SMITH seconded the motion.
Mr. Eva NS was never more surprised than that a reason-
able gentleman should make use of such logic as that of Mr.
Lawrence. According to that argument no murderer could
be executed as long as one murderer was at liberty. Here a
man was caught fiagrang delieto, and was handed over to
the authorities. In the other cases alluded to, the individu-
als were scattered abroad, and no one knew how to bring
them to light. One case happened within his own ward, but
he did not know the name of the man who personated, nor
whether he were a tory or a liberal. The majority in that
ward was very decided, and, when he discovered the circum-
stanoe, the man was gone many hours before, and he did not
know where to look for him. He asked the Assessors if they
wished to make a case of it, and if they were inclined to try
to 'discover him, to which the Conservative Assessor an-
se/erect!' no. Now, if the arguments brought forward by Mr.
Leverence and the member for Everton were worth a straw,
aiky other eases to be brought forward must nearly resemble
tone of Bond's, but all of them were quite otherwise ; the
Men who committed the fraud were gone and were nowhere
to; be fotoad they had no means of dealing with them. As
he had before observed, neither murderer nor thief could be
punished Under such arguments as those, so long as one of
them remained abroad.
Mr. %tenni:me hoped the council would think too much
of themselves, to allow anything half so foolish as this amend-
ment to be put, unless the movers would give names and cir-
cumstances. If they would, like the other gentleman, bring
these forward, he would give them his support. He wanted
principle, not party ; he wished to see the council immacu-
late, and those who came into it should, at least, have clean
hands. (Hear, hear.) He cared not whether the offenders
were conservative or liberal, but was afraid that, in many
instances, the purity of election had been grossly violated,
in some of the wards, during the late election. He intended,
from such a conviction, to give notice that, at some future
period, he would move for a committee to consider of a pe-
tition for legislative enactment to prevent the abuse ; and,
in the meantime, he hoped the council would do themselves
and the town honour by dealing with the case before them
de idedly.
Mr. HODGSON wished that the Town-clerk should also
investigate any other cases notified to him by the council.
Mr. EVANS observed, that such cases should be accompa-
nied by probable evidence.
Mr. EARLE asked why could not those who had cases
bring them forward? He did not like these sidewinds.
Gentlemen whose consciences were so tender ought to be
particularly desirous to bring them forward.
Mr. SMITH did not think that the amendment did any in-
jury to the original motion. It was only making the inquiry
more extrusive.
Mr. BLACKBURN said, there were two sorts of cases.
They might prove that a man had personated another, but
unless they could prove that he had made answers to the
questions put to hun, that he was the person named in the
register, and that he had not voted at the election previously,
they would gain no object whatever. Therefore, if the gen-
tlemen opposite limited their cases to those of mere persona-
tion, where could be the advantage of the amendment ?
The TOWN-CLERK said, the council seemed to have over-
ooked the fact, that, in this case, the man had not only per-
sonated, but had gone the length of answering the questions
put to him. It was provided by the Municipal Act, that any
person committing this offence was guilty of a misdemeanour,
and could be indicted and punished accordingly.
Mr. HODGSON said, he merely desired that the individuals
'who had personated others should be punished; and, there-
lore, he wished for an investigation by the Town-clerk.
' Mr. CASE hoped the amendment would be withdrawn, as,
without doubt, the council were willing to go into any case

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The MAYOR (HuellHamby, Esq.) briefly stated the course
pursued, last year, in the election of Mayor, which was as
follows the event of more than two members being put
in nomination, it was determined that there should be a clear
majority in favour of one candidate. If there should not be
a clear majority in favour of any one gentleman, they would
proceed to fresh divisions on each nomination until there was
So. If only two gentlemen should be nominated, of course
no difficulty could arise.
Mr. F. JORDAN said, having had the honour of proposing
the first reform Mayor, and having been so successful as they
had been under that nomination, he should take the liberty,
for the last time, of proposing a gentleman for the office of
Mayor. (Hear, hear.) He said for the last time, because it
was not likely, that a man who had lived in five reigns would
ever see another. Mayor chosen in that room. He should
take the liberty of saying, that he had got some little credit
from the town at large, for *the brevity of his addresses—
(Hear !)—and he should not lose that character, he hoped,
but would, as briefly as possible, state the qualifications of the
gentleman whom he was about to propose. He should take
the liberty of mentioning one who, in the various committees
on which he had acted, and particularly on one committee,
of which he himself (Mr. Jordan) bad been a member, had
exhibited zeal, assiduity, knowledge, talent, and good feeling
while he was president thereof, as he (Mr. Jordan) could
bear personal testimony. He should say no more ; but leave
the other part of his (the candidate's) character to those who
could more minutely describe it—he referred to the members
of the Watch Committee, and begged leave to propose Mr.
Joshua Walmsley.
Mr. BLACKBURN said, he had great pleasure in seconding
the motion. In doing so, he agreed with Mr. Jordan, in the
necessity and propriety of a very brief address. He thought
they were in a condition to render any lengthened observations
unnecessary ; and, as his (Mr. Walmsley's) merits were so
highly appreciated by the Council and the town at large,
there did not need any arguments to induce the Council to
elect that gentleman as their chairman. By doing so, they
would place in that station, one who was in every way worthy
to follow in the track of the four gentlemen who had filled
the office since the passing of the Municipal Reform Act, and
afford another proof that it was possible for a gentleman to
entertain very decided political opinions, and yet conduct
himself with impartiality and fairness towards all parties in
the discharge of his duty. He begged leave, with these ob-
servations, to second the nomination of Mr. Walmsley.
(Hear, hear.)
Mr. ROBERTSON GLADSTONE said, it was not his inten-
tion, not that of those gentlemen who usually acted with him,
to offer any opposition on this occasion, seeing that such a
line of conduct might, very probably, be considered as vexa-
tious. At the same time, he was anxious that their silence
should not be misconstrued into an approval of the nomina-
tion of Mr. Walmsley, and as joining in the recommendation
stated by Mr. Jordan. He should not press the matter to a
vote; desiring only, on behalf of himself and many of the
gentlemen who sat near him, that it should be distinctly un-
derstood that, so far from acquiescing in, they disapproved
of the nomination of Mr. Walmsley as the Mayor.
As no opposition was offered, the MAYOR, after a short
pause, said-, he considered that the Council had unanimously
elected:Mr. Walmsley. Mr. Hornby immediately vacated
the chair, to which Mr. Walrnsiey was led amid loud cheers
from the liberal party. The oaths were administered to the
new Mayor, by the Town-clerk, and the other usual forms
observed.
The MAYOR then said, that he should not attempt to ex-
press the sense which he entertained of the mark of confi-
dence which had been conferred upon him. Permit me, said
he, simply to return my thanks, and to assure the Council
that no efforts of which I am capable shall be wanting to
justify your good opinion. They woul pardon him if he es-
teemed the honour more highly, as a tribute to that portion
of the community with which he was more immediately iden-
tified. It was well known to many of them, and had been
very justly expressed through his friend Mr. Blackburn, that
he had strong political opinions, and that he had ever advo-
cated them with firmness and zeal. He trusted, however,
that he should be able to show them, that he felt it to be the
duty of the Mayor of Liverpool to know no particular party
whatever in the position in which they had been pleased to
place him. He was conscious that the best guide to their
support would be to follow that strictly impartial line of con-
duct which had so emineutly distinguished his predecessor in
office ;-and he entered en the duty with a fervent hope, that
he should be able, at the close of the year, to return the trust
into their hands, not only pure, but unsuspected. (Cheers.)
The Minutes of the last Council, and the communications
addressed to the late Mayor, were read, and the latter re-
ferred to the Finance Committee.
QUESTION OF PRIVILEGE.
Mr. Aldermen BENN wished to draw the attention of the
Conncil to a circumstance that occurred in the election of
St. Anne's Ward, over which he presided, on the Ist of No-
vember. A person named John Bond then tendered his vote,
but circumstances occurred that induced him to believe that
this was not the same John Bond that was on the register.
The usual questions were put to him, and replied to in the
affirmative; but, still believing that he was not the man who
had a right to the vote, he caused him to be given into cus-
tody, and he was taken before the magistrates, but subse-
quently discharged. He (Mr. Benn) had drawn up a state-
ment of the circumstances, which he requested the Town-
clerk to read.
The TOWN-CLERK read the repert as follows :
"TO THE COUNCIL OF THE BOROUGH OF LIVERPOOL.
" As the alderman, and one of the returning officers, for
St. Anne's Ward, I feel it my duty to report, that, at the St.
Anne's Booth, at a quarter after three o'clock, a person ap-
peared and tendered a voting paper, in the name of John
Bond. The assessor, Mr. Rayner, immediately told the man
that he was not John Bond—that John Bond was out of
town. He,replied, that he had arrived that day, and insisted
on voting- One or two other persons having declared that
he was not Bond, the usual qmestion, as to residence, &c.,
were ,put to him and answered in the affirmative ; but I still
insisted that the vote should not be recorded. Being convinced
that he was not Bond, I caused the voting paper to be re-
tained; and the person tendering it to be taken into custody.
"This person was brought before the Stipendiary Magis-
trate, when it appeared his name was James Connor. The
case was tally proved against him, except that it appeared,
in the-judgment of the Stipendiary, that, the questions had
not been required to be put by two burgesses ; in consequence
of which, in the opinion of that magistrate, upon the evidence
before him, the offence (which by the Municipal Corporations
Act is an indictable misdemeanour) could not, in law, be es-
tablished. This decision, however, leaves the party still
open to indictment, if inquiry and legal advice shall warrant
the proceeding.
" No doubt whatever existing as to the moral guilt, I sub-
mit, in conclusion, that the case demands the special notice
of the Council and the strictest investigation, extending to all
other persons, if ally, concerned ; and the first legal opinion
should be obtained, upon the result of the investigation, be-
fore so serious a fraud upon the franchise of the burgesses
can be considered as having been perpetrated with impunity.
" ROBERT BENN.
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