Star.
London, England, 1804-08-10 00:00:00

after the hirnr of three o'clock. The Sheriffs, by the '
advice of their Affeffor, Mr. Ksowcys, determined
to examine the right of all the perfons who were then
prefent, and who Humid antwer to their names,whofe
votes bad been atlually tendered and put on the
books. • Accordingly, the names were called aloud
on the boiling:. The multitudes were immenfe. and
amidil the acclamati,ns of fo many thoirfands, it was
hardly poffible to hear the names as they were called.
About 30 only, out of a much larger number eau-
ally in wailing, anfwered to their names, and fub-
fcribed a paper relented to them by the Sheriffs, and
were then tent out, but &tired to wait, that they
might come up each in his turn, when fummoned.
—Of thefe 30, but 19 were decided on, the reft not
being able to get up again through the crowd and
contrition at the entrance. The decals was as fol-
lows

was rep:Red ;
3 whore names ha I been put down were allowed
to tender fo as to entitle them to petition, but
whofe votes they could nut reckon.
Of thefe
3 tendered for Sir F. BURDETT,
1 for Mr. MAINWARIND..
I were declared good tenders for Sir FRANCIS Boa-
MIT, and of thefe to having taken the oath,
were put by the Sheriffs on the poll. t after be-
ing declred a good vote, went away by millake
without taking the oath, and therefore he was
not put on the poll.
4 were allowed to poll for Mr. MAINT/All.O, and
were put on the poll.

In confequence ofAhefe decifions it now appears
that the poll flood on Wednefday evening as follows:
At three o'clock the numbers on the Sheriffs' poll

ftood—
For Sir FRANCIS BIADETT 2823
Added on examination by the Sheriffs so

For Mr. MAtewsettto 2818
Added by the Sheriff,. 4-3832

Majority for Sir F. BURDETT 1
Such was the Rate of the poll at (even o'clock on
Wednefday evening. when the further proceeding
was adjourned till tune o'clock on Thurfday morning.
THURSDAY, AUGUST 9.
This morning, at nine o'clock, purfuant to the ad-
Imminent yefterday evening, the Sheriffs attended at
their court on the huffily.
Mr. TEDDY, one of Mr. MAINWARIMO'S COOMPCI,
offered to the Sheriffs a protell, figned by Mr. MA lII-
WARING. Sir William Gibbons, Mr. Rae, Mr. Mel-,
lilh, and Mr. John Bowles, againa the decilionmade
by them yefterday evening, In favour of receiving
filch of the votes entered on the poll-books, as ten
dered for either of the Candidates, fo far as the fame
fhould be fuMkantiated on a due inveffigation,
ahedg-
in that the Sheriffs were bound, by the Eleaion Law
oithe zsth of his prelent Majeity, to declare upon
the numbers as they Rood nn the poll-books, at the
final dole of the poll at three o'clock yellerday, and
make their return accordingly.
Mr. PLUMFR, on the part of Sir FRARCIS BURDITT,
objeaed againit the reception , of thSs protett, upon
the ground that it called upon the Sheriffs to refcind
a decifion which they had declared yefterday, after
a full heating of Counfel on both fides; upon which
decifion Mr. MAINWALING'S Counfel had themfelses
aced for their Client, as well as the Counfel on behalf
of Sir Fasircis Built:lEl'T : that three of the objetted
votes on the pact of Mr.Matawsairto had been eftab-
lifhed in cortlequence, and t t of the rejeCted votes on
the part of Sir FRANCIS BURDETT : that, in fail, the
ground upon which the Sheriffs were now called on to
refcind their decilion, declared and carried into prac-
tice yefterclav, was precifely the fame qtieltion over
again ; and he defired, therefore, to. put it to their
own good fenfe and confiftency, upon what principle
it was that they could be warranted to refcind one
hour the decifion they had made the hour before, on
the very fame point; and to what end it was that
parties were to contend for an iffue, where the pt in-
ciple of jurifprudence might vary every moment.—
He contended that the private arrangement made
by the Sheriffs, for their own convenience, to bring
the Freeholders, whole votes were °Netted againit,
round to their box, infiead of deciding upon them as
they came to the poll-hook, upon which the Free-
lholder had a right to infilt, might not, in ;wake, to
deprive the Freeholder of the benefit of his vote, nor
the Candidate, for whom he voted, of the advantage:
that, in this cafe, the Freeholders having contented,
for the convenience of the Sheriff., to c,,me round to
1 their box, did fo upon the faith of thofe Sheriff's, that
their claims to the right of voting would be quickly
and fairly examined and decided upon : their names,
with their relidence, and the fituation and defctip
'ion of their freeholds, and,the perfon for whom
they tendered their votes, were entered on the poll-
book; they had declared their readings to (wear to
their freeholds; every thing had been done on their
parts that could be teqiiired of them—they had at-
tended were day after day, at a contiderable degree
of inconvenience, las of time and expence, in hopes
of having their yalification enquired into and decid-
ed upon, and it no fuch enquiry or decifion had
taken place, the fault was not theirs ; and therefore,
they ought not to Coffer a privation in the exercife of
their invaluable franchife, when they had done every
thing to fupport it which depended on them; and
when the Sheriffs only, upon whole faith they had
contented to pottpone their votes in order for invelli•
gation, had prevented them from voting, by not
having fo invcSigatcd their claims before the final
clofing the torn-books, at three o'clock yellerday. In
fairneta, in jutlice, avid in common fenfe, they were
therefore bound to follow up the decifion which yef-
terday they had declared and aged upon.
Mr. Kam.. eve, affeffor, Paid, it would be a fatis.
faaion to the Sheriffs to hear the queftion argued, as
it was not cori.•• the fame as that decided yeflerday.
Mr. TIDDY argued, that no ingenuity of his
Learned Friend could prevail againli the pofitive
Itatute of the asth of His Maefly, cap. 34. by which
it was made imperative on the Returning Officer to
keep open the poll-books for fifteen days, from the
commencement of the elettion. for liven hr.iirs each
day, and to clofe the poll books finally at, or before,
three o'clr ck on the tifteeith Jay. If then there was
any meaning in the wen elsinal doff, nothing could be
more clear to the nitrated undeetlanding than that,

after the final dole of the poll jellerday, the She-
riffs had no legal power, whatever to receive a firgle
vote, or to go into any laveftigation on the validity
of invalidity of any vote tendered in the coorfe of
the eleition, not already on the pnU, with a view of
being added thereto. The deeifion laft night was
one which unfortunately proved, that any deviation
from the law eftabliflied on the cafe was a lapfe into
error and confufion ; and the fhosteft way to prevent
Rill more confufion would be, to tread back the road
of error, refcind the proceeding which had been
adopted, and abide by the letter of the law.—What
his Learned Friend propofed was a proceeding un-
known to the law, unknown in precedent. and abfo-
lately without a name.—lt was not a poll, it was not
a ferutiny ; he wifhed, therefore, to know by what
name his Learned Friend called it; it was, in the
language of the Poet, a deed without a name ; but in
all events it was utterly contrary to law.
Mr. Cnt 'FORD denied this fad, and Rated that (eve-
rat perfons had been fworn, and their poll taken in
the box. after the poll books had been dofed on the
Previous days.
Mr. KwowLvs alto Paid, that the.not proceeding
on the objeded cafes after four o'clock, was not for
want of jurifdiAion.
Mr. Pio OT contended that the decifion of y e flerdal
was contrary to law, and that the poll-books were final•
ly doted at three o'clock ; and coafequently that the
Sheriffs were bound to decide upon the numbers which
appeared to them as eftablithed legal votes on the poll-
boobs, without proceeding, which they had no longer
Any authority to do, upon any enquiry refpeaing the
tendered votes, which thofe perfons who had tender-
ed them had ample opportunities of having
inveQi-
gated within fourteen whole days. The law requited
that no vote could be received that was not preceded
by the Freeholders and Bribery Oath; now the
Sheriffs authority to adminiller thefe oaths eeafed
with the cloture of the poll-books; and therefore any
perfon who came forward at this time to take thoß
oaths before a perfon not authorized by law to tender
them, might lately take a falfe oath without any ap-
prehenfion of profecution for perjury; and ennfe-
quently perfons might be brought foretold to fwear
any thing with impunity. and give their votes fo as to
overturn the eleition of the candidate fairly entitled
to the return.
Mr. Noma ennfidered this as a queflion
folely, upon the into pretation of the law, and not
at all connefted with the quellims, as to the compe-
tency of the Legiflature to mad a law, or the obli
garcon of the Sheriff to obey it, That no freeholder
could tender his vote after three o'clock, he was
ready to admit, butif the tender &mid he made be-
fore that hour, and it was the aft of the Sheriff to
poltpone the decifion upon it, he contended, that no
arrangement of fuch Sheriff, Rill left any negleit to
execute his own promise, could be allowed to deprive
a freeholder of his franchife. It had been admitted
by his Learned Friznd (Mr. Teddy) that it a man
were dikovered to have polled twice, an alteration
might be made in the poll, even after three o'clock.
If fo, then why mild it be fo confidently dined
on the& lame fide, that the Sheriffs were not compe-
tent to make any change in the poll book after three
o'clock ? The Learned Gentleman went on .0 Rate
the quell ion for the conlideratinn of the Sheriffs,.
namely, whether they Humid declare the numbers on
the poll, as they Rood at three o'clock yetterday, or
as they flood at the time he then stddreffed them,
with the addition of thole itbjetted voters fine pro-
nounced fubflantial, and enrolled en the pull book.
His opinion, he had no Infitation in laying, was de-
cidedly in favour of the latter courfe. '1 he tender
was the duty of the voter, and when the judgment
came, it laid that he was entitled to vote at the time
he made Inch tender. What, in juftice, he would
oh, would it be after telling the vote!' to go round
to the Sheriffs' box and they would hear them, that
now, when they were there, they thould be refitted a
hearing ? All the tenders which had been made ap-
peared •„ him to be aridly good, and entitled, from
every circumftance, to the, fulled invelligation. The
law had, no doubt. fpecifically mentioned the time
after which no tender thould be received, but it had
not at all pleictibed that judgment thould be had
upon (itch tenders before three o'clock. Voters, he
recolleCted, had been often fworn in on other days of
the eleEtion, after the elofe of the poll, which, ac-
cording to the Itrit interpretation of the law, infifted
upon by his Learned Friend, was as much nut of
the jurildittion of the Sheriffs, as the (wearing
.after
the final dole of the poll. According to law it ap-
peared that when an att was inchoate, and if after-
wards pellet:fed, it was taken to be completely done
at the time it was fo inchoate. This maxim he con
ccived fully to fullain the argnments he had advanc-
ed with refpeA to tendered votes. The Gentlemen
on the other fide, he obferved, teemed anxious to in.
troduce a novel principle, which would go to over
throw all the regularity of proceeding that had pre-
vailed at this elt.Ainn. A voter had been yefterday
fent round to poll upon the Sheriff. deciding that his
vote was valid, but the books being taken away be-
fore he could reach the hullings, he was allowed to
(wear in the Sheriff.' box. This. nr the fwcaring of
any other tendeted voter in the Sheriffs' box, alter
three o'clock was, he contended, virtually fweariag at
the time the vote was tendered, and from this he in.
ferred that to invelligate and (wear in the objeCted
voters that remained f decifson would not be con-
trary to the pi office that had heretofore prevailed,
nor to the Ipirir or letter of the Aet of Parliament.
The conduft of the infpeAors, which had been allud-
ed to by the Learned Gentleman on the other fide,
he did not think neceffary to be confidered in this die-
cuflion ; hut, at to the queftiun which thole gentle-
men had put with raped to the nature of this elec-
tion, he would tell them that it was a poll and a
fctutiny throughout ; that an inveßigation accompa-
nied the whole poll ; that in every Rep of its pro•
grefs it was a deliberation of the Sheriffs. Returning
to the fubjeA of tendered votes, the Learned Gen-
tleman argued with uncommon force, to thew that
the voters having declared their ficeholtiv, and for
whom they voted, it was the imperative nary of the
Sheriff. to do the remainder. If it were otherwife.
and if the propofition of his Learned Friend (Mr.
Piggot) were admitted, any:candidate who &mild
get a-head towards the latter days of an eleAinn,
would be enabled to prevent the votes of his opPonent
from being received, and to tender it impuffible for
him to approach. much left to exceed hum, on the
poll. The difference between us and our opponents,
laid the Learned Gentleman, is this, that we defire