The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-11-06 00:00:00

" And it be enacted that no inquiry shall be permitted at
any election as to the right of any person to vote as a burgess
in any borough, except only as follows : that is to say, that
the Mayor or other presiding officer shall, if required by any
two burgesses entitled to vote in the same borough, put to
any voter, at the time of his delivering in his voting paper,
and not afterwards, the following questions, or any of them,
and no other. And no person required to answer any of the
said questions shall be permitted or qualified to vote until he
shall have answered the same ; and if any person shall wil-
fully make a false answer to any of the questions aforesaid,
he shall be deemed guilty of a misdemeanor, and may be in-
dicted and punished accordingly."
Now, there is no doubt that two burgesses did require the
presiding officer to put the questions, but Mr. Rylands could
not have answered those questions until they had been put
by the Alderman and Assessors. If he had chosen, without
those questions being put by the proper officers, to have an-
swered, it would not have satisfied the requirements of the
act. He could not possibly have been indicted for a misde-
meanour, if he had answered them falsely. He must wait
till they are put, and it is only when they are put, that he is
required to answer them. The presiding officers are to con-
sider, in the first place, whether two persons being burgesses,
required them to put the questions ; for if two burgesses did
not so require them, they would_le guilty of an illegal pro-
ceeding in putting those questions. Afterwards, it is for them
to put the questions, and it is not until then that Mr. Ry-
lands can be required to answer. Then, Mr. Rylands deli-
vered his paper in sufficient time, it appears, for his right to
be ascertained by reference to the ward list—in sufficient
time, it is found by the returning officers, for these questions
to have been pnt and answered, if the Alderman had not
been prevented by the tumult from putting them. At the
time he came there with the voting paper, there was sufficient
time for everything to be done in compliance with the Muni-
cipal Reform Act ; and he was there from the time he enter-
ed till the final close of the poll, and we must presume,
ready to answer the questions had they been put; but not
having been put, he could not answer them, and consequent-
ly he has been guilty of no fault whatever. My opinion,
therefore, is that the record of the vote ought to stand upon
the poll book as correct.
Mr. Rathbone felt bound to state that in his judgment the
decision was a very just one. (Hear, hear, and a cry from
some of the persons present, " There's an honest man !
Three cheers for Rathbone !" Three cheers were given.
Three cheers were also given for Mr. Toulmin,) _

The aldermen and assessors then declared Mr. Toulmin
returned by a majority of 1. The numbers stand—Toulmin
189, Rathbone 188.

SCOTLAND WARD

At the close of the poll there was found to be a majority of
one for Mr. Thornhill. It was subsequently discovered that
this result had been obtained by the abstraction of one of
Mr. Gladstone's voters by the Liberal party, who having
made the man drunk, induced him to vote contrary to his
intentions. A protest on this ground was entered on the
part of Mr. Gladstone, the effect of which was to postpone
the declaration of the result until after an official investiga-
tion into the circumstances, by the town-clerk, before the
alderman and the two assessors of the ward. _

• • The inquiry commenced on Tuesday, at half past two
o'clock, before Mr. Alderman Thomas Holt, and Messrs.
Ellis and Santley, assessors.. Mr. Peter Wright appeared
for Mr. Gladstone, and Mr. Snowball for Mr. Thornhill.
After some contention between Mr. Santley and Mr. Ellis,
and between the former and Mr. Wright, the following facts
were admitted on both sides, and reduced to writing by the
town-clerk :—That early on the morning of the election (from
half past nine to ten o'clock), the voting paper now produced
(marked No. 1) was delivered by a man purporting to be
Hugh Roberts, of Carlton-street, to the returning officers,
and received by them without objection. It appeared to be
a voting paper for Mr. Thornhill. Between one o'clock and
half past in the afternoon, another voting paper, now produ-
ced (marked No. 2), purporting to be the voting paper of
Hugh Roberts, in respect of a house in Carlton-street, was
tendered on behalf of Mr. Gladstone. The questions were
demanded by two persons in the interest of Mr. Thornhill,
and when put to the party, they were all answered favourably
to the voter. The vote was, however, refused, on the ground
that Roberts had voted before.
Mr. SNOWBALL now contended that no inquiry could now
be made into which was the best vote on the authority of the
Everton case, which occurred at the last election : That so
soon as the voting paper of Hugh Roberts had been received
and recorded, the alderman and assessors were, with respect
to it,
.funcli officio.
Mr. WRIGHT, in replying, observed, that so far from the
duties of the returning officers ceasing at that period named
by Mr. Snowball, the act of parliament. in order that they
might have time to enter on any necessary investigation, gave
them power to postpone the declaration of the poll until
twelve o'clock on the day but one after the election. He
now submitted that Roberts's vote ought to be received, and
registered for Mr. Gladstone. Having tendered it, and an-
swered all the questions put to him, it was the bounden duty
of the returning officers to receive it. If they had chosen,
they might have taken a note of the circumstance, but they
ought to have received the vote ; and in this view he was
supported by the town-clerk's directions to the aldermen and
assessors. • _ . .

Mr. SNOWBALL having rejoined,
The TOWN-CLERK enumerated several points of difference
between the present and the Everton case, and he decided
that inquiry ought to be made whether the same man pre-
sented both papers, and which was the true Hugh Roberts.
Hugh Roberts, who appeared to be considerably intoxicated,
was then called and examined by Mr. SNOWBALL. He said
that he had a house in Carlton-street, in 1839, and was upon
the register for that year. He delivered the voting paper,
No. 1, at the booth, between nine and ten o'clock yesterday
morning.

Mr. WRIGHT then cross-examined the witness, who, in
replying to his questions, said ; I cannot write. I cannot
sign my name. I can make a cross. I never authorised any
one to sign the voting paper, No. 1, for me. I left my own
house between five and six o'clock yesterday morning. Mr.
Allen fetched me ; he took me to a public-house, the name
of whieh I do not know. I staid there about an hour. I
forget where I went to afterwards ; but I now recollect that I
went to get my breakfast at Mr. Allen's house. I had some
drink in the public-house.

Mr. SNOWBALL objected to these questions as long as the
inquiry was relative to the identity of the party.
The TOWN-CLERK thought the cross-examination ought
to proceed, as there would seem to be a great probability that
this man had voted twice in the day.
Mr. SANTLEY said he should like to know how many Con-
servative voters came up drunk to the poll. Mr. Isaac
Holmes knew that many had as well as he.
Mr. ISAAC HOLMES distinctly denied all knowledge of the
kind ; but, having been appealed to by the other side, he
would state that he knew of several cases of bribery. (Uproar.)
Mr. WRIGHT, with great deference to the court, thought
it was unbecoming in any assessor to make such remarks as
Mr. Santley had. (Applause.)
Mr. SANTLEY.—I say you have no right to put these
questions to the voter.
The TOWN-CLERK said the man was suspected of having
voted twice. How was that to be proved or disproved except
be inquiry what had been his conduct throughout the day,
where he had been engaged, and how occupied?
The cross-examination by Mr. WRlGifr then recom-
menced, and the witness continued, that the drink he had
had at the public-house was paid for by Mr. Allen. Mr.
Allen, when he was drunk, took him to give his vote.
Mr. WmullT.—Who did you vote for? At this question
several persons in the reform interest prompted the witness.
Some confusion followed, but order was eventually restored
by the witness being removed to another place, and a police-
man stationed to prevent any person communicating with
him.
Mr. SNOWBALL then objected to the question on the
ground that the voting paper itself was evidence of whom the
man voted for.
Mr. WRIGHT was about to reply, but was stopped by
The TOWN-CLERK, who said, Mr. Snowball had better
not be particular about these questions. It was very desira-
ble that the returning officers should hear the account of this
man, and it would save time to allow it to be elicited. The
following colloquy then took place between Mr. Wright and
the witness. _ _ _ _ _

Who did you vote for ?—I voted for Mr. Thornhill

" The conservatives claim a majority of 4, giving their op-
ponents 387 votes, they having 391. The manner in which
this is accounted for is thus explained by the clerks on the
conservative side :—Two clerks were appointed for each side►
one to take the names from A to L, the other those from. L
to Z. One of the clerks on the radical side, who should have
noted the names from A to L exclusively, it is known went
on for some time taking the names of the whole alphabet ' • so
that all beyond L were duplicated. When he discovered his
error, he proceeded to erase the names beginning with letters
beyond L in the alphabet ; but it is believed that he omitted
some of them, so as to make up the apparent difference. So
confident were Mr. Kilshaw's clerks of this fact last night
that they fully anticipate the official return of this day will
place that gentleman in the majority stated—namely,four.
They have summed up their books repeatedly, and can arrive
at no other conclusion!!

Our statement proved cqrrect, and we are happy to state
that Mr. Kilshaw is legally and morally, the representative
of the ward. As the return however has been made in favor
of Mr. Blackburn, some difficulty was anticipated in over-
throwing it. In order that the circumstances might be in-
vestigated, a court was held on Wednesday in the Town-hall
before the town-clerk.

Mr. ASPINALL, for Mr. Kilshaw, stated that certain errors
existed in the poll-books of the election—that a greater num-
ber of votes were given for John Kilshaw, Esq., the conser-
vative candidate, than for Thomas Blackburn, Eiq., the radi-
cal candidate, and that the former gentleman ought to have
been returned.

A long private conversation was held between the town-
clerk, Mr. Aspinall, Mr. Penington, and other gentlemen, as
to whether the return could be amended, in case the allega-
tion should turn out to be well-founded ; at the conclusion of
which the town-clerk despatched notes and messengers for
the Alderman (Earle) and the two assessors who held the
election. On their arrival, they were ushered into the mayor's
room, whither the town-clerk followed them. They remained
in deliberation about half an hour, when
The TOWN-CLERK returned into court and said—l have to
inform you that the alderman and assessors are disposed to
do all they can to ascertain and correct the error, and with
that view they wish one gentleman from each side would
attend them in the mayor's room.
Mr. ASFINALL, on the proposition of Mr. Penington,
offered his services on behalf of Mr. Kilshaw.
Here, Mr. Haigh, (radical chairman of the ward,) Mr.
Bretherton, Mr. Tindal Atkinson, the secretary of the Pro-
tector Society, and others of this calibre, entered the court,
breathless and agitated at just hearing the intelligence that
their champion was likely to be unseated, when
The TOWN-CLERK ineormed them of the intention of the
alderman and assessors to ascertain the errors, and correct
the return, and asked Mr. Haigh if he would accompany Mr.
Aspinall into the room, on behalf of Mr. Blackburn, as he
said every burgess ought to be interested in having a dae and
proper return.
Mr. HAIGH declined, and said—May I be permitted to ask
whether this proceeding is ordered by yourself, sir ?
The TOWN.CLERK—It is a course of proceeding decidedly
recommended by myself.

Mr. ASPIN ALL.—We are ready to abide by the town-
clerk's decision and advic3 throughout.
The TOWN-CLERK.-I shall be ready to give whatever ad-
vice I can, and I shall also be prepared to do my duty in the
matter. (Hear, hear.) The present object will be to con-
sider the course to be pursued for as yet no course is defi-
nitively fixed upon, but the aldermen and assessors wish to
have one gentleman on each side to fix that course.
Mr, HAIGII.—Then I nominate Mr. Tindal Atkinson.
Mr. ATKINSON.-It is understood that, if I go in as a
burgess interested in having a proper return made to the
council, that Mr. Blackburn will not be bound by any act of
mine.

The TOWN-CLERK.—The aldermen and assessors will ex-
pect to see a gentleman on each side, but the candidates will
not exactly he bound by the acts of those gentlemen. All the
aldermen and assessors expect is, that both sides will be, re-
futed.

Mr. Aspinall, on the part of Mr. Kilshaw, and Mr.
Atkinson, on that of Mr. Blackburn, then (twelve o'clock)
left the court and retired to the mayor's room, where they
were engaged, together with the alderman and assessors, in
examining the poll-books and voting papers, with a view of
ascertaining the errors, if any such existed, until half-past
four o'clock, when they returned into court, at which time it
was densely crowded.
The TOWN-CLERK then made the following statement.
He said—l shall now state to you the progress of the inves-
tigation, which is not as vet quite complete, for the reasons
I shall explain hereafter. Upon the application of James
Aspinall, Esq., a burgess, alleging that errors existed in the
poll-books in the election of a councillor for Lime-street
Ward, held on Monday last, and that upon a further exami-
natidn of the voting-papers delivered at that election it would
be ascertained that there was a greater number of votes for
Mr. John Kilshaw, one of the candidates, than for Mr.
Thomas Blackburn, another of the candidates, and that Mr.
Kilshaw ought to have been returned, the alderman and
assessors of the ward have examined the poll-books, and
further examined the voting papers, and have found, in the
poll-book for voters whose names begin with any of the
letters of the alphabet from A to K, inclusive of both, the
following errors :—The insertion of the vote of Thomas
Clare for Thomas Blackburn, when by the voting-paper, it
was for John Kilshaw, which, if correctly inserted, would
have made a difference of two votes in favour of Mr. Kil-
shaw. (Cheers from the conservatives.) The insertion of
the vote of John Arrowsmith for Thomas Blackburn, when,
by the voting paper, it was for John Kilshaw, which, if cor-
rectly inserted, would have also made a difference of two
votes in favour of Mr. Kilshaw :—The improper insertion in
such book of the vote of James Mason, who voted for Thomas
Blackburn, when that vote properly belonged to the other
poll-book, and was properly therein inserted for Thomas
Blackburn, but this error, being like one carried to the wrong
side of a ledger, makes only a difference of one in favour of
Mr. Kilshaw ;—and they have also found in the poll-book
for voters whose names begin with any of the letters of the
alphabet from L to Z, inclusive of both, the following error :
The insertion of the vote of Edward Parsonage for Thomas
Blackburn, when, by the voting paper, it was for John Kil-
shaw, and this, if correctly inserted, would have made a
difference of two more votes in faxour of Mr. Kilshaw.
Now, in referring to the voting papers it would appear that
there are—
For Mr. Kilshaw
For. Mr. Blackburn
... 386

Majority for Mr. Kilshaw ..... 6
and if to that you add the double entry of Mason's vote, for
which there was only one voting-paper, the majority would
amount in all to SEVEN. (Loud cheers from the conserva-
tives.) This number of seven agrees precisely with the
number of errors in the poll-book ; but then, as Mr. Black-
burn was declared to have had a majority of two, one would
expect that those seven should in consequence be reduced to
five, for, these seven errors being discovered against the ma-
jority of two, the result should be five. There is, therefore,
a defect in these errors somewhere which has not been yet
ascertained, but it is so far quite clear that there is at least a
majority of five in favour of Mr. Kilshaw. Subsequent in-
vestigation may make that seven, and that investigation will
be proceeded with to-morrow.
Mr. SHEPPARD.—May I ask, sir, whether, under these
circumstances, the return will be amended here, or whether
the parties will have to go to the Court of Queen's Bench?
The TOWN-CLERK.—I believe there is very little doubt
that the return made will require the correction of the Court
of Queen's Bench ; but it is considered that the certificate
specifying the errors, which the returning officers are willing
to sign, will materially facilitate the application to the Court
of Queen's Bench, and save time. The probability is, that
on that certificate the court, instead of giving time to the
defendant to answer, will dispose of the errors at once—that
is, provided no other objections are made to the votes on the
other side.
The court then adjourned until yesterday,

YESTERDAY.
The investigation was resumed yesterday, at one o'clock

Such is the vast continent which this society, in its hum-
ble measure, seeks to raise from ruin, and such the monstrous
evil which it aims to eradicate and destroy. ,

Varied are the means which have alreildy been employed
For the accomplishment of this benevolent purpose. But all
Former efforts have failed. It is time, therefore, that some

new scheme should be adopted, and one which you will allow
me, Sir, in expressing my individual opinion, to say, for the
extent of its proposals, the comprehensiveness of its charac-
ter, the soundness of its principles, and the amount of evi-
dence by which it is supported, does immortal honour to its
author, Sir Fowell Buxton, whose work on the subject has
for some months been before the British nation.

The plan of this distinguished philanthropist may be sum-
med up in few and simple words. He proposes to effect the
extinction of the slave trade by the introduction of agricul-
ture, by the substitution of legitimate commerce, and, above
all, by the establishment of Christianity.

With regard to the first of these proposals, it needs only to
be observed, that without agriculture a country destitute of
manufactures can have no trade. The first proposition,
therefore, is essential to the second.
With regard to the second proposition, it may suffice to re-
mark, that it has been proved not only by Sir Fowell Buxton,
but by others opposed to his views, that wherever legitimate
commerce has extended itself, the slave trade has disappeared.
With regard to the last, it admits not of the shadow of a
doubt that, wheresoever the renewing power of Christianity
is felt, there not only the slave traffic, but the disposition to
engage in it, must for ever be extinguished.

Such, as far as I have been able to understand it, is Sir
Fowell Buxton's scheme, and such the views avowed by the
society, which I am desirous, through your medium, of
bringing under the notice of the great commercial community
of Liverpool.

The society, however, let it be distinctly understood, is no
trading society, no agricultural society, no colonisation soci-
ety ; it does not even lay claim to the honour of being a
Christianisation society—every direct or immediate effort
coming under one or the other of these denominations, likely
or intended to benefit, it leaves to other agencies.
It will therefore be asked, what, then, is this society ? To
this you will allow me, as being somewhat acquainted with
its principles and its plans, to reply. In the first place, it is
the friend of Africa, living to plead her cause and protect her
interests, seeking to excite public sympathy on her behalf,
and to stimulate every exertion designed and calculated to
promote her good.

In the next place, it is a pioneering society, for the pur-
pose of opening and preparing the way for every useful effort
in this vast continent, in which lawful enterprise or Christian
philanthropy may engage.
In this pioneering character, therefore, this society has
employed its influence in inducing the
,British government
to undertake the expedition about to proceed to the Niger.
The society will furnish it with physicians to make their ob-
servations on the climate and the diseases of Africa, with
geologists to investigate the nature of the soil, with botanists
to pursue their inquiries in the produce of the country, and
with naturalists to procure information relative to the animal
kingdom.

In this self-same character it will devolve on this society,
on the return of the expedition, to circulate, for the advan-
tage of the agriculturalist, the legitimate trader, and the
Chistian missionary, the accumulated intelligence with which
it may be furnished.

Further, I would describe this society is an auxiliary insti-
tution, to any other association, founded on right principles.
which ►nay combine together for the welfare of the negro.
I will, if you will allow me to trespass on your valuable
columns, endeavour to illustrate what I mean. It has, hither-
to, been incumbent on the Christian missionary to barbarous
countries, to engage in much that did not properly belong to
the sphere of his rightful operations. Ile has bad not only
to preach the gospel, but to instruct the inhabitants in the
use of the hoe and the spade, the saw and the plane ; he has
had to frame for them laws, and to expound to them the
principles of civil polity. In short, he has had, with his own
hands, to lead the people on, step by step, in all the neular,
though peaceful, arts of civilised life. Now, from their secu-
lar occupations, this society proposes, by its own and other
agencies, as it may be able to call into activity, to relieve him.
It volunteers its services in the performance of such cork as
cannot be other than a burthen to the religious teacher, whose
great business is to disseminate those truths which are able
to make wise unto eternal salvation. This society, therefore,
originating in Christian considerations, and avowedly under
the guidance and control of Christian principles, comes for-
ward--not in any sense the most distant or remote as the
usurper, but in the fullest and most complete—as the humble
hand-maid of true religion.
But, sir, lam intruding longer than I intended. Such,
however, is the society, an auxiliary to which has been formed
in Manchester and some other towns.

The Manchester meetings were, in all respects, deeply in-
teresting. This auxiliary has the Lord Bishop of Chester
as its president, and several of the neighbouring nobility and
gentry, together with the Lord Bishop of Norwich, and the
Hon. and very Rev. the Dean of Manchester as its vice-pre-
sidents. On the platform Sir G. Murray and Dr. Lushing-
ton, though differing in political opinions, here met in per-
fect harmony, hand in hand, in one common cause ;—in
short, all shades of difference, both political and religious, were
merged in the all prevailing and predominent desire to benefit
poor degraded and afflicted Africa.
Now, sir, in conclusion, I would ask, will the great, the
wealthy, the influential town of Liverpool be behind in this
glorious work ? lam persuaded that it will not, but that, at
some very early period, the great room of your Amphitheatre
will be filled with a crowded auditory of your most respectable
inhabitants, eager to testify their sympathy with the suffer-
ings of one hundred and fifty millions of their fellow-men in
Africa, and resolved, heart and hand, to co-operate with a
society which seeks to relieve her wretchedness and to de-
stroy that abomination of abominations which now lays her
waste.

Sir, I have done, and have only to subscribe myself your
&c. ** ****

TO THE EDITOR OF THE LIVERPOOL STANDARD,

Sir,—The Liverpool Mail of this day contains the follow-
ing announcement

WOLVERHAMPTON TOWN-COUNCIL.—RetirIng coun-
cillors—conservatives, 1; radicals, 5. Elected Nov. 2, 1840
—conservatives, 1 ; radicals, 5. Present constitution of the
council (after the election)—conservatives, 9 ; radicals, 15.
No contest in any ward."

On referring to the schedule of the Municipal Corporation
Act, the editor of the Mail will find that Wolverhampton
is happily free from the nuisance of a modernised local
" parliament." I suspect that Conyleton must be the place
meant.—l am, sir, yours, respectfully,
LIBRA.
Liverpool, sth Nov. 1840.

EXTRAORDINARY PERFORMANCE.- Mr. Cooper Thorn-
hill, in the April of this year (1745), rode three times be-
tween Stilton and London, distance 213 miles, in 11 hours,
33 minutes, and 52 seconds. Mr. Thornhill used eight dif-
ferent horses in the first heat, six in the second, and in the
third he made use of the same horses whieh had already
served him, riding only seven of the 14.
h. m. sec.

From Stilton to London (71 miles) 3 52 59
From London to Stilton 3 50 57
From Stilton to London 3 49 5G
The match was made for a considerable sum of money. He
was allowed as many horses as he pleased, and 15 hours to
perform the task in. " I question," adds Buffon, " whether
any race at the Olympic games ever equalled the rapidity of
Mr. Thornhill's performance."— Whyte's History of the
Turf.