The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-12-04 00:00:00

THE HEALTH COMMITTEE

The report of the Health Committee was read, from which
it appeared that a survey of all the cellars, and houses in
courts, within the municipal borough, was ordered to be
made by competent persons ; that such survey should spe-
cify the number of inhabitants in such courts and cellars,
with other particulars •, that the surveyor should be directed
to submit a plan for effecting each survey, and also to report
to the committee the names of some competent persons to
carry the same into effect. The surveyor's report was at-
tached ; it stated, among other things, that the survey would
be completed in three months.

THE DOCK COMMITTEE.
The proceedings, resolutions, and reports of the Dock Com-
mittee were.next read and confirmed.
THE GAOL-RESIGNATION OF THE CHAPLAIN AND

GOVERNOR.
The DEPUTY TOWN-CLERK then read the following docu-
ment connected with the gaol business, and comprising the
resignations of the chaplain and governor. It commenced by
stating—

On the 29th of September last, Captain Williams (the
inspector of prisons) brought under the notice of the visiting
justices, acting on the Gaol Finance Committee, various al-
leged abuses and irregularities in the management of the
prison. After a preliminary inquiry on the next day, to as-
certain how far the extraordinary circumstances named by
him were capable of proof, it is deemed proper to summon a
special meeting of the visiting justices on that committee,
and of the visiting justices whose names appeared on the
card for routine of duty at that time, to meet at the Town-
hall on the first of October. At this meeting, depositions
on oath were taken in writing, on examination of officers of
the prison, in the presence of the governor. This course of
inquiry was pursued on the 3d and sth of October. On the
evidence so taken, certain allegations of the existence of
abuses and irregularities were made against the governor,
and time was given to that officer, at his request, in order
that he might prepare an answer and give explanations.
" The visiting justices were further engaged on this in-
vestigation into the governors department at subsequent
meetings, particularly on the 19th and 20th of October, and
the 10th of November, in the course of which a written an-
swer to the allegations was read by the governor, and put in
by him to be entered on the minutes of the proceedings.
" In the meantime the visiting justices proceeded with an
investigation into the chaplain's department, in his presence,
pursuing the same course of examination, on oath, as in the
case of the govenor. Tney held meetings for that porpose
on the 6th, Bth, 10th, 12th, 14th, 16th, and 20th of October,
the 14th, 19th, 20th, 21st, 23d, and 25th of November.
During' this laborious investigation, the attention of the
chaplain was particularly directed to certain points of inquiry
suggested in a letter addressed by the inspector of prisons
to the justices; at the same time he was informed that they
were not the only grounds, the depositions (of which he
was allowed copies) containing statements of an important
nature.

" The points of inquiry involved supposed irregularities
in the chaplain's department. To these allegations the chap-
lain read to the visiting justices a written answer and expla-
nation of his conduct, which he then put in to be entered
on the minutes of the proceedings.

Before the visiting jtistices had come to any decision upon
these proceedings, and in fact as regards the chaplain, im-
mediately upon the conclusion of his reply, on the 20th of
November, the chaplain delivered into the hands of the
chairman of the meeting the following resignation of his
office :

" To the Council of the Borough of Liverpool.
" Gentlemen,—l beg leave to resign into your hands the
office of chaplain of the Borough Gaol of Liverpool, which
I hold by your, appointment. The state of my health does
not admit of my continuing the appointment, but of course
I shall perform the duties annexed to the office until my
successor is appointed.
" I have the honour to be, gentlemen,
" Your obedient servant,
" ' JOHN Bum' "

` Liverpool, 20th November, 1840.' "
" At the meeting of the visiting justices, on the 23d of
November, the following letter from Mr. Bardswell (Mr.
Batcheldor's legal adviser) was laid before them by the clerk
of the peace.

" ' Dear Sir,—Mr. Wm. Batcheldor, with great respect to
the Mayor and Common Council of Liverpool, resigns his
situation as Governor of the Borough Gaol of Liverpool, in
consequence of his ill state of health preventing him from
attending to the duties of that office. Mr. Batcheldor, at
the same time, solicits until next Wednesday, at any hour
appointed by the justices, formally to tender this resignation,
accompanied with certificates as to his state of health, with
other documents, from which, he trusts, the mayor and com-
mon council will adjudge him some retiring allowance under
the act of parliament.
" Your very obedient servant,
" CHAS. BARDSWiLL.

" Royal Bank-buildings,
Nov. 23d, 1840. -

" Rd. Radcliffe, Esq., Town-clerk.' "
" At their meeting on the 25th of November, the following
letter from Mr. Batcheldor and four medical certificates were
laid before the visiting justices :

` To the Worshipful -the Mayor and Common Council of

Liverpool
" ' The precarious state of my health, which has been much
impaired during the last two years, puts it out of my power
to discharge the duties of the Governor of the Borough Gaol
of Liverpool with that constant attention and efficiency which
that office imperatively demands. With very great respect,
therefore, I beg now to lay before you my resignation.
" In doing so, I trust my long servitude for nearly twenty
years under the corporation of Liverpool, commencing first
as constable in the dock police for about two years and a-half,
next as constable in the district of St. Thomas's East about
two years, then as head constable on St. George's-pier for
about two years, afterwards as keeper of the Bridewell for
about nine years, and lastly, as Governor of the Borough
Gaol for four years and upwards, will have its due weight in
the consideration of my case, with regard to that retired al-
lowance which the gaol acts enable you to grant.
" On retiring from my present situation I shall not have
the means of supporting myself and family, consisting of five
children, all of whom are entirely dependent upon myself, my
other two children have fortunately been provided for by a
relative.

" ' Circumstanced as I am, and feeling that the impaired
state of my health will for a length of time pievent me from
applying myself in any arduous duty, I most respectfully so-
licit an amount of retiring allowance to such an extent as
may seem expedient and proper, and in support of my solici-
tation I beg to refer to the accompanying certificates of Dr.
Ferguson, Mr. Archer, Mr. Forshaw, and Mr. Alacartney.
" I should also have to submit that, since my appoint-
ment, I have incurred to myself some expense in cleansing
and improving the grounds belonging to the gaol, and in pro-
viding suitable accommodation and convenience for the
magistrates, the benefits arising from which will remain.
" I am, with great respect,
" Your most obedient and obliged servant,
" WILLIAM BATCHELDOR.'

[Then follow the medical certificUtesT --
At the same meeting the following letter from the Rev.
J• Buck, and two medical certificates, were laid before the
uniting justices : _

" Liverpool, Nov. 25, 1840.
" To the Justices of the Borough of Liverpool.
" Gentlemen,—l had the honour, on Friday last, of re-
sigining, through you, into the hands of the council of this
borough, the appointment of chaplain to the borough prison.
" I beg to say that my present state of, as I fear, permanent

indisposition, is, as I believe, mainly attributable to ray
exertions in the service of the corporation. The great fatigue
of body and mind, which I have undergone from the day of
my nomination, and more especially of late, have induced a
lamentable state of weakness, which will at least demand a
lengthened, if not au entire cessation from all clerical em-
ployment. I have hope, therefore,g that you will] think it
within your sense of justice to recommend to the council to
assign to me such a provision for the future as may preserve
me from the pressure of poverty, foriby the resignation of my
appointment I am left nearly pennyless.
I enclose medical certificates from my physician and
surgeon, and have the honour to be, gentlemen, your
obedient servant, " Jon BUCK."
[Then follow the certificates from the medical gentlemen.]
'" The Visiting justices have, therefore, under these circum-
stances, only to lay the resignation:of office of governor by
Mr. Batcheldor, and that of chaplain by Dr. Buck, before
the court, feeling themselves relieved from the necessity of
coming to any conclusions upon the evidence, and leaving
Mr. Batcheldor and Dr. Buck with the benefit of the claims
which they submit to the council for retired allowances under
the gaol act. _

"'Whatever might have been the conclusions upon the
evidence which the visiting justices might have found it their
duty to report, they are of opinion that so much of the
matters affecting the several departments of these officers
may be attributed to the infimities stated in the medical
certificates, that they recommend their submissions, for re-
tired allowances, to the favourable consideration of the court,
and for recommendation accordingly by the court to the
council."
" It was resolved by this court that the report be adopted."
Sir J. WALMSLEY moved the adoption of this report.
Mr. COGLAN inquired whether the report recommended
that the chaplain and governor should have retired allow-
ances?
The MAYOR replied in the negative.
Mr. D. HonGsoN thought the present subject a much
wider one than they had time on that occasion to investigate.
He believed it would be admitted that the magistrates ought
to be made acquainted with what was passing in the Borough
, Prison, and yet, though he was one of its visiting magi-
strates, he know nothing of what had been going on there
before the court of justices in the present case. (Hear, hear.)
It appeared manifest, under these circumstances, that some
persons in authority had taken upon themselves the power of
proceeding with this imp,rtant subject without consulting
others clothed with equal authority.
The MAYOR explained. Captain Williams, the inspector
of prisons, had been in Liverpool for many weeks, an.l, upon
his representations, the inquiry took place before s:x magi-
strates and three visiting justices. The whole of the pro-
ceedings were brought before the justices on last Saturday,
so that it was done in a manner by means of which every
magistrate had an opportunit of getting the information
required.
Mr. HODGSON was glad of havihig,received this informa-
tion, but as he was from
,home on Saturday he did not re-
ceive the note. He was surprised, however, to find that a
portion of the magistracy had taken it on themselves to in-
quire into this matter, for it was one in which he (Mr. H.)
was much interested, having been opposed to one of the ap-
pointments as originally made. The general question in this
case was one that affected the whole of the borough magis-
tracy in their individual as well as their collective capacity ;
and he would say, that calling them together on Saturday,
the last day of the month, and telling them of what had been
previously done, when they should have been called together
in the first instance, was a very equivocal and unsatisfactory
course to adopt. (Hear, hear.)
The TOWN-CLERIC said that the justices who commenced
and carried on this inquiry-consisted of the Gaol Finance Com-
mittee and the visiting justices, and that in the routine of
their duty they prosecuted it, and made their report to a ge-
neral meeting of the magistrates on Saturday last.
Mr. EARLE saw, shortly before this discussion took place,
that there was some movement in the conservative camp.
(A laugh.) He saw two of them laying their heads together,
and Mr. George Lawrence, who seemed to be their leader,
had put his head in among them. (Continued laughter, and
cries of " No, no," from the conservatives.) But the fact
was, that Mr. Hodgson had made the same complaint the
day before that he did on that occasion, and then received
the same answer that the Town-clerk had given him now.
Mr. HODGSON—What ! me ?
Mr. EARLE—Yes, you.
Mr. HODGSON—I challenge you to the proof of who told

you
Mr. EARLE—It was Mr. Hugh Hornby.
Mr. HORNBY rose amid much uproar and confusion to
explain. He said that he had some conversation with Mr.
'Hodgson the day previous, when that gentleman made the
same complaint to him that he had just done to the council.
He (Mr. H.) then told him that the act of parliament di-
rected the visiting justices to be summoned to assist the
Gaol Committee in their inquiry. If it was to this Mr.
Earle alluded, this was all that took place between him and
Mr. Hodgson.
Mr. EARLE said it was precisely to that conversation that
he alluded.
Mr. HODGSON did not think Mr. Hornby's explanation
bore out Mr. Earle's original statement, for he was one of
the visiting magistrates of the gaol, and he never was in-
formed of the inquiry.
Mr. EARLE said that he also was one of them, but then
he hadn't the vanity to suppose that no inquiry could go on
without him. (A laugh.)
Mr. HORNBY observed that the magistrates who under-
took this inquiry (one that was of a most difficult and pain-
ful nature) acted under the advice of the clerk of the peace,
who told them that they were the proper committee to under-
take the duty. If, then, they bad acted improperly, it was
for the town clerk to explain how that had occurred. (Hear.)
Sir J. WALMSLEY apprehended that the duty had been
undertaken by the properly-constituted committee. They
were the party who had to decide on all matters relative
to the management of the gaol, the regulation of the officers,
and the financial concerns. He (Sir Joshua) was one of them,
and he thought the council were indebted to them for the
labour they underwent and the patience they manifested in
prosecuting so disagreeablean inquiry as they had been forced
into for the last four, five, or six weeks. (Hear.) Upon the
written statement of Mr. Williams, the inspector, certain cir-
cumstances were brought before them into which they in-
quired, and their minutes of the communications, prelimi-
nary and general examinations, extended over the space of
462 brief sheets, containing 2-100 folios, so that he thought
they were entitled to the thanks, rather than the censure, of
the council for the pains they have taken. He believed that
it would always be found that a small committee could ma-
nage matters of this kind better than a large one ; and he felt
that Mr. Hodgson ought to be the last person to make a com-
plaint of this kiud, for he had it in his power to satisfy him-
self on every point by reading the minutes of the evidence.
It was rather too much for that gentleman to absent himself
and find fault with those who attended, when they deserved
his thanks rather than his reprehension.
Mr. HODGSON—I deny the assertion.
Sir JOSHUA WALMSLEY—I don't know what you deny.
Mr. HODGSON.--I haven't refused to attend.
Sir J. WALMSLEY—I don't know what you deny. You
told the council before you didn't attend. (No, no.) Oh !
lam right. He told you that when they were called together
to come to a decision, he didn't attend.
Mr. HonosoN—Because I was out of town.
Sir J. WALMSLEY—Very well. Then why deny what I
stated ?
Mr. HODGSON.—What had by being out of town on Satur-
day last, to do with the previous meetings? Why hadn't I
the proper notice on the subject?
Sir J. WALMSLEY—They attended every Tuesday, and the
whole ki; the information relative to the gaol came before the
Finance Committee.
Mr. CASE—Is Mr. Hodgson on the Gaol Finance Com-
mittee ?
Sir J. WALMSLEY—NO.
Mr. HODGSON—Why did they take up the subject at all?
Sir J. WALMSLEY—Because they thought it their duty so
to do ; and now that they have concluded it, they deserve the
thanks of those who remained away for the labour they un-
derwent.
Mr. SANDS said it appeared to have been made the subject
of discussion, inasmuch as the law-adviser of the corporation
had been consulted about the propriety and manner of car-
rying on the investigation. •
Mr. H. HORNBY explained, and said it was not in conse-
quence of any doubt expressed by the magistrates that the
town-clerk had been consulted.
Mr. ROBINSON said it appeared manifest that those who
investigated the matter had laboured long and produced no-
thing. (Hear, hear, and laughter.) There was a mysterious
charge hanging over the chaplain and governor, which unless
explained he would oppose the passing of the report.
The TOWN-CLERK here explained the law with regard to
visiting justices and their duties; after which,
The MAYOR said that since the 9th of November he had
been a member of the Gaol Committee in right of his office,
but as the present inquiry was going on before that period, he
declined to be on it, being ignorant of the previous part of the
investigation.
Mr. TOULMIN asked whether there was any objection to
lay the charges against Dr. Buck before the council, as it
appeared he took the hint and retired beforehand?
Sir J. WALMSLEY asked seriously whether the council
would like to hear all that took place? (No, no.) • After the
committee had stated in their report that the chaplain was
unable to discharge the duties of the office by reason of his
infirmities, he asked again, would the council think it neces-
sary to go into particulars ? (Loud cries of " No, no.")
Could the committee have discharged their task in a more
delicate manner towards a clergyman, that in giving that as
their opinion ? (Hear, hear.) And here he would say, that
nothing affecting his moral character had, in his (Sir Joshua's)
opinion. been in any degree substantiated against him. (Hear)
Mr. BIRKETT would be sorry to bring Dr. Buck forward,
but as he beard the day before that that gentleman intended
to bring the whole matter before the House of Commons, he
(Mr. B.) thought they might as well be put in possession of
the particulars as well now as hereafter. He understood, for
he had not seen it, that the doctor had made an ingenious
defence.
Mr. H. LAWRENCE suggested that as both the chaplain and
the governor claimed compensation, the case should go be-
fore a committee to decide on their merits.
The TOWN.CLERK thought the course suggested the legal
one to adopt.
Mr. J.. SMITH would not vote for any retiring allowance
to the parties, until he bad first been put in possession of
the facts.
The MAYOR suggested that the subject be referred to the
Finance Committee.
Mr. BUSHELL objected to any reference being made to the
Finance Committee, as there were magistrates on it, and as it
would be more desirable to have the merits of the parties de-
cided by those who had not as yet formed their opinions on
the case.
Mr. H. HORNBY thought the council ought to adopt Mr.
Bushell's suggestion.
The MAYOR said there were magistrates on all the com-
mittees.
Mr. BUSHELL accordingly suggested that a special com-
mittee should be appointed for the purpose.
Mr. EVANS asked what such a committee would have to
inquire into, the matter being closed, and a discharge having
been obtained from the hands of the parties themselves?
The only question remaining for decision was, whether they
were to get anything, and how much : and he thought that
question might be left to the Finance Committee to deter-
mine.
Mr. COGLAN differed in opinion with Mr. Evans, and
thought there should be some investigation before any sti-
pend were granted to them out of the public money.
Mr. BUSHELL proposed that it be referred to a special
committee.
Mr. J. SMITH seconded the proposition.
Mr. COGLAN opposed it, because the magistrates who in-
vestigated the case had more information concerning it than
any other committee could possibly have, and proposed that
it be referred to the Finance Committee.
Mr. BRIGHT seconded the proposition.
The report having been then received upon the motion of
Sir Joshua Walinsley, the question was taken on Mr. Cog-
lan's amendment, which was carried by a majority of twelve,
the numbers being—For it, 35; against it, 23; majority, 12.
The following are the names of the gentlemen who voted
in the division:—
For the amendment Messrs. J. Holmes, G. Quayle,
Isaac Holmes, R. Houghton, W. Thornhill, T. Case, H. R.
Sanbach, H. Holmes, Sir J. Walmsley, Messrs. Aikin,
Woollright, R. Bright, J. Priestley, R. V. Yates, T. More-
croft, T. Coglan R. Jones Jun. W. Slater, G. H. Lawrence
W• • AVICee, F. Jordan J. Platt,, D. Mather, R. Roskell, T.
Leathorn G. Holt, R. 'Berm, W. Earle, J. Moon, E. Evans,
T. Barclay T. Bulley, T. Holt, W. P. Freme, and the Mayor.
Against it—Messrs. D. Hodgson, H. Copeland, G. Wright,
R. B. B. 11. Blundell, J. Mellor, T. Sands, H. Hornby, T.
Toulniin, J. Lawrence, T. Robinson, J. Cooper, H. Law.
rence, J. N. Wood, W. Birkett, It. Gladstone, C. Bushell,
J. Procter, R. Rigby, J. Kilshaw, J. Smith,- R. Harbord,
A, Smith, jun., and R. Shiel.

TUE APPOINTMEbiT OF A NEW CHAFLAIN,
M. G. H. LAWILENCE moved " That the Mayor be in.
structed to communicate to the bishop the vacancy that has
occurred in the chaplancy, and to request his lordship will
recommend to the council a proper person to be appointed
by the council as a successor to Dr. Buck." He said he was
induced to make this motion in consequence of his not hav-
ing confidence in the magistrates making a proper appoint-
ment to the office.
Tne MAYOR salt:l'l-11e motion could not be entertained

without notice of it being first given.
Mr. H. LAWRENCE thought the suggestion a valuable one.
Mr. EVANS thought that the magistrates living in Liver-
pool, and knowing the clergymen, were far better judges
than any bishop in the neighbourhood was likely ever to be.
He confessed he knew not where the system would atop;
but he supposed it was the intention of one party to denude
the council of all its honours and patronage, and give it into
the hands of a member of its borough. (Laughter, and cries
of "No, no.") He believed that that was at the bottom
of everything.

Mr. .13uslELL thought the suggestion a valuable one, and
that it shopld have been received in a proper spirit.
Mr. COGLAN asked whether the sanction of the bishop
was essentially necessary to the appointment of a chaplain?
The TOWN-CLERK replied, when the council nominated it
remained with the bishop to license the clergyman.
Mr. COGLAN thought it would be a strange stretch of
power if the council were to vest an appointment like the
present in the hands of an ecclesiastical authority that was
forminable enough already without making it more so by ad-
ventitious aids.

Air. EARLE thought the magistrates as good judges of the
characters of clergymen—for they brought certificates of
character always with them in cases like the present—as any
bishop. He did not look on a bishop to be an extraordinary
man. (A laugh.) He did not look on him as coming in a
direct line from the fathers of old (renewed laughter), par-
ticularly when he saw him declaring that he was horror-
stricken at seeing souls perishing, while he himself was
drawing twelve thousand pounds a-year. (Order.) lie
was in order, he was in order, for the subject of bishops had
been introduced. He was a churchman, but be was not
bound to approve of every act of every bishop, nor he
would'nt do it. (Ironical laughter.)

Mr. CASE thought they would be committing an act of
felo de se, if they were to give up appointments of this kind
to any bishop. _ _ _

Mr-. HA

Doan and Mr. HODGSON both supported Mr.
Lawrence's motion, and argued that it was unseemly that a
body of magistrates professing unitarian and other heterodox
views, should arrogate to themselves the right of appointing
a church of England minister, particularly when they be-
lieved the religious opinions of that minister to be erroneous.
Mr. AIKIN believed the present discussion was got up on
the other side, for the purpose of having another fling at the
magistracy.

Mr. .I.3tisHELL was not aware till then that Mr. Aikin was
the champion of the magistracy ; but he would say, that the
charge he had brought against them, and which it would have
been we►l if Mr. Aikin had let rest, was never denied by any
one of them up to the present moment. (Loud cries of
" hear, hear.")

111 r. AIKIN said, at the time it was made it received the
answer it deserved—(a shout of laughter).
Sir J. WALMSLEY then moved—

" That the subject of the appointment of a governor of the
Borough Prison, in the place of Mr. William Batcheldor,
who has tendered his resignation, and the appointment of a
chaplain in the place of the Rev. J. Buck, D.C.L., whose
resignation is accepted, be referred to the Gaol Committee,
to direct the proper advertisements, and to receive, consider,
and report upon the applications and testimonials of candi-
dates to the council; and that Mr. Batcheldor's resignation
be not accepted until the council shall decide upon a new ap-
pointment in his place."
Mr. H. HORNBY seconded the motion.

A division was then taken on Mr. Lawrence's amendment,
when it was lost by a majority of 13, the numbers being :
for the motion 21; against it 34:

The following are the names of the gentlemen who voted
on the division :

For the motion :—Messrs. D. Hodgson, H. R. Sandbach,
H. Copeland, R. B. B. H. Blundell, T. Sands, T. Toulmin,
J. Lawrence, T. Robinson, J. Cooper, H. Lawredce, J. N.
Wood, W. Birkett, R. Gladstone, C. Bushell, J. Proctor, J.
Kilshaw, R. Rigby, R. Jones, jun., G. H. Lawrence, R.
Harbord, and A. Smith, jun.
Against it :—J. Holmes, G. Quayle, I. Holmes, R.
Houghton, W. Thornhill, T. Case, G. Wright, H. Holmes,
J. Mellor, J. Walmsley, J. Aikin, J. Woollright, it.
Bright, J. Priestley, H. Hornby, R. V. Yates, T. More-
croft, T. Coglan,W. Slater, J. Smith, W. M`Kee, J. Platt,
D. Mather, R. Shell, J. Hornby, R. Roskell, T. Leathom,
G. Holt, W. Earle, J. Moon, E. Evans, r. B. Barclay, W.
P. Freme, and the Mayor.

THE MAYOR'S COMMUNICATIONS.
The MA YOR said he had received two communications—
one from Miss Mathewson, of Rodney-street, praying for a.
reduction in her rent, and the other from a commissioner of
the Court of Requests, calling for the dismissal of one of his
under officers.

They were both referred to the proper committees.
THE COURT OF REQUESTS.
_ _

Mr. HARBORD complained of a grievance suitors laboured
under in this court, inasmuch as when plaintiffs were non-
suited the defendant was compelled to pay court charges.
The TOWN-CLERK promised to look to the law upon the
subject, and to report upon it to the next council.