The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-01-05 00:00:00

THE IAVERPOOI, STANDARD

taining the reforms, which thev were instigated by ra;li•
cat demagogires to dem;ind,. tiley have paid dearly for
their Nviiistle. Already has the reaction in favour of
eonservati ve principles in England all but nentraliped the
Popish and radical majorities in .li-eland and Scotland.
It will soon overwhelm the combined forces of the libe-
raN throughout the empire, and crush the imbecile Mi-
nistry that has so long unfortunately ,swayed our desti-
nies. Ozer their fall, and the humiliation of the despe
rate faction by which they are supported, every true pa•
triot, every loyal subject, and every honest politician will
unfeignedly rejoice.

most know that two lamps Wonld riot cost £25, or half that sift ;
and he would also state that two streets which- were lighted by
these two lamps paid more rite than would cover the cost of them
to the community. (Hear.)
Mr. Councillor CooliEn, in explanation, begged to state that
he bad not been in Ditigle-lane, but made his statement from
report. (Laughter..)_ ,
Mr. Alderman SHIRE. Said it would be perhaps necessary for
the public not to be led away always to consider that lighting
was a police arrangement entirely, anti that lights were not put
up for the, accommodation of the parties who resided-in the out-
townships, but to be a protection to the police, and to prevent
persons snaking their escape nom the police under the cover of
darkness. That appeared to be the view which. was taken by
the legislatnre when in the municipal act they had empotrred
the lightits only-of the oat-townships. As to Mr. Cooper sav-
ing that-the people in the town were taxed for those out of the
towri that was not the rase; the people in the town were taxed
for.the protection of ;heir ova persons and property.
The MaTon wished to make one remark. He diti, not wish
to .stop the observations of any gentleman, but he thought Mr.
Cooper should have made inquiries of the watch committee be-
fore he had take❑ the course he had.
The proceedings were then confirmed.
, MARKET COMMITTEE.
The proceedings of this, committee were confirmed.
TOWN-O A I,I,_EST_A RIISIIMENT COMMITTEE.

Resolved, that Mr. Case's picture he allowed to be removed
from the council-room up stairs, in the Town-hall, at the request
of his relatives, to he copied. .
Mr. Councillor H ENRY LAwr,ENce wished to know if a similar
application had been made by:Sir Thomas Branrker's relatives,
as he did not see his picture in the room. (A laugh.)
The MAYOR said his picture was to be put up that day, and
it would he in the pleasure of the ,council at which end of the
room it was to,he put. for the best light.
Proceedings
,confirmed.
ErivcATtoN COMMITTEE. •

The proceedings of this committee, together with that of the
Custom-house committee, and the committee for superintending
the pecuiary affairs of the corporatiou, churches, were confirmed.

TOWN'S DUES CoMMITTEF.

. The TOwll-CLE K read the followirig report:—
That it he recommended to the council to authorise this com-
mittee to allow to steam-packet companies, and agents for, and
masters of coasting vessels, being regular taaders, front and
after the sth instant, a commission, not exceeding five pounds
per centum, on the ammint of town dues duly declared accounted
for, and paid over to tile receiver, under regulations to be pre-
scribed by the committee.
And. the receiver having drawn the attention of the committee
16" the orders of the bye council of the sth January,. 1825, 2d
11ecember, 1829,, and at December, 1834, relating to town
dues on various articles of merchandize,..and the power of re-
sumption of the former amount-of dues, reserved to the council
.by the said orders, the committee, with the advice of the Town-
.cierk,. recommend, that it is expedient for the council to snake
any order, and report that no order having been made, the dues
upon the said a rkides will continue collectable, under the said
(riders of the lat?couneil, according to the rates therebyalloweds
the power of the council still continuing reserved as therein ex-
pressed..
The report was confirmed.
COURT OF REQUESTS COMMITTEE.
The TOWN-CLERK read the following report, which was con-
firmed

It was to the effect, that on -Thursday, the I9th December
last, William Lowndvs, Esq., the stipendiary commissioner of
the CiMrt of Requests, while acting in the correct discharge of
his duty, upon the -occasion of giving judgment in the open
court between two parties who were bet;,re hint, received fiom
the chief clerk of the court, Mr. William Statham, an unpro-
voked insult, in language reflecting on the justice of the deci-
sion given by the commissioner: that on. the next day but one,
Mr. Statham wade at apology in open coutt. which satisfied
the commissioner solar that he was content to leave the subject
without any personal feeling to the consideration of the com-
mittee. The- latter recommended to the council the lenient
course of passing the offence, only so far as to make Mr. Sta-
tham's continuation in his office dependent on his future con-
duct and demeanour being such as the commissioner, the coun-
cil, and the public have a right to expect front him in his im-
portant office ofchief clerk of the Court of !inquests.
In case of any further misbehaviour, then that offence and the
present one to be taken into consideration by the committee as
to the proper punishment deserVed.

DOCK COMMITTEE.
The TOWN-CLERK proceeded to read Mr. Harvey's letter of
resignation of his office of solicitor to the docks, of which the
fulloWing is a copy
" North Ahn-street,lsth December, 1837.
"To Robert 13enn, Esq., deputy-chairmau of the Dock Com-
mittee.

Dear Sir,_l have again maturely considered the question
upon which I troubled you with a call yesterday, and which you
desired me to re-consider.

"Trom a careful re;ie; of the constitution and powers of the
dock committee controlled as that body is by the town council,
acting in all things under the advice of their town-clerk, I have
come to the deliberate conclusion, that, as solicitor of the dock
trustees, I can never feel assured that 1 ant acting as the exclu-
sive and indefkindent solicitor of that corporation; but must
always labour under this disadvantage ; —that it is in the power
of those members of the town council who ate also members of
the dock committee, or of any one of them, or of any other
member of the council, at all times, to procure -a supervision, by
the Town-clerk, of all documents framed by the Dock Solicitor
for the Dock Committee, and all advice "given by him to them,
and, in short, all business done for them,-in relation to matters
which must necessarily form part of their proceedings, and
therefore be laid before the council for confirmation or 'ejec-
tion ;---And further, that if any such member take the ground
of desiring to prevent the rejection of any such documents or
proceedings in the last stage, he may suggest and bring about
a revision by the Town-clerk, antecedent to adoption by the
Dock. Committee themselves.

"Now, 'altin'tug. h it is usual, and highly necessary, that a soli-
citor should have the power of consulting counsel upon any
question of law, and should .even be under the obligation to do
so, if dire'cted by his client, although against his own convic-
tion (Attie necessity for it ; vet, if a client make it a condition
with his solicitor, that lie shall, whenever required, submit do-
cuments, proceedings, or advice, which he frames for or givesto
his client, to the revision of some of her solicitor, touch more, if
the being subject to such a power of revision be almost necessa-
rily inherent in the nature of his employment ;—then it is my
decided,:opbtion that, to a solicitor sa eircoinstanced, there is
not allowed that inoripcouvot course of action, without which
nn proresSion4 man can -carryon business in a manner consist-
ent, with the duty he owes to himself.
•‘ If. I ant asked why, entertaining these views. I ever under-
took the appointment of Dock Solicitor, the only answer I have
to make in my own behalf is this;-1 bat it did nuit necessarily
follow that the large powers, which lie hid in the veto-section
of the 'Dock Act of 6 Geo. 4. would he worked nut, in a way,
which would lead to the Dock Solicitor becoming, in fact, a
subsidiary officer to the Town-cle'rk ; and further I am hound
to admit, that not only at the titre of my appointment (lid I
not
see all the extraordinary consequences which may spring from
that power of veto„but that it is owing to retest circumstances,
and to the line of conduct which certain members of your body
have thought it their (July to the council to pursue, that I have
been led to consider, and to perceiVe (as I now do) in their full
force, all the important, results to which that power may be
made to lead.—lt is not within my province to enter into this
subject more :fully; and I wish to he considered as alluding to
those results, only so,far as they effect the position of the Dock
Solicitor.
~"Influenced by the foregoing considerations, I beg, most
respectfully to resign into the hands of the Dock' Committee
the appointment they-did me the high honokr to confer upon
me; and
,to request that you will do,ine the favour to communi-
cate my resignation to the committee.—l remain, sir,-most res-
pectfully, your faithful servant,

"TEIONIAS. HARVEY."
Note.—Alderman leitthorn, the chairman, was at this time

absent from Liverpool

, .
It was resolved that Mr. vey!s resignation be accepted.
Resolved, that Mr. G. Vandenhoff be appointed in the room
of
M tvev. Proceedings confirmed.

111 r. Councillor Muni( (who spoke so very low that at first
we heard hiin very imperfectly,) said it was not then his inten-
tion to oppose the coufirmation of that report, because he con-
sidered,that the, veto possessed, by the council ought never to
e help exert
regret at .that part of the proceedings
which referred to the recent appointment of a solicitor to the
Dock estate.. It wae quite natural for Mr. Vandeiihoff to wish
b e x iasreeil ssien Igct'hpis t vet.strongly called for; but he could nut
to proinote his own interests in the world in every honourable
way ; and although he could not admit his fitness for the offire
to which he had been appointed, he was very willing to bear
his testimony in favour of his character. But he did think it
of very sleep concern, a concern which he was sure was partaken
in by a very large body of intelligent individuals in the town,
that the character of the council should he in the slightest
decree injured in the estimation of the public by the adoption
of the principle in filling official vacancies, of looking to po-
litical opinions as the exclusive qualifications for office, tend
which thereby
.mach the interests of a large and valuable trust
subservient to the objects and views merely of a party. •( Hear.)
Pe was sure they must all of them very well remember the
odium, he might, perhaps, call it the disgrace whir-h had been
cast upon the old corporation by their appointment to this
very Alice, of a young man, respectable every way in himself
and his connexions, yet wanting in the requisite of professional
qualifications for the office. Now he would ask, was it right,
was it proper, nay, was it decent that they who had merely
changed places with the old corporation, should, at that MO-
ment, pursue the very source which they had been the first and
foremost to denounce ? ( Hear. } He could not pretend to be
indifferent to advantage of party combinations; he knew
they were necessary for tat Eying out great principles and other
objects; he would not deny that his owl' course of conduct,
were the qualifications of the patties equal, would be in favour
of,a gentleman of his own poliitical opinions;
,but he could not
admit. that party coriabihations ought ever to be carried to that
Buren, and still less could he admit that mere conformity of po-
litical .opinion should be taken as the rule and measure of pro-
fessional qualifications. (Hear.) If they were to recognize the
principle that 12 gentlemen,- or any other members forming a
majority of the committee were to hold preparatory meetings
in order to fix on. the candidate of their choice, with the dis
tinct agreement that the inferior section of the committee
should give up their feelings to the dictation of the others, they
at once admitted a principle of action which could not fail to
be injurious to the public interests, and which must invariably
bring on. the ruin of the party itself. For what was this hut a
single person, who happened, perhaps, to have a larger share of
personal energy, so to, canvass the interests of the separate indj-
viduals of his own party as to gain over a majority to his views,
and those, when it came to the trial, to ride over the judgement;
perhaps, of their .wiser and more considerate colleagues. But
let them look to the effects of this on the public interests. It '
amounted to a virtual exclusion of the very best men in the
town from the office altogether, for they might be, very sure
that gentlemen of high standing in the profession, gentlemen
of great legal attaimnents, andlarge professional experience.
would never submit to place their merits in competition with
others if they happened to possess the superior recommendation
of political devotion and greater attachment trilhe dominant
party. The consequences would inevitably be, if the proceedings
to which he had alkided were to be brought before the council
as they merit he, and if gentlemen who- dissented froiii thetn
must sustain the frowns of their party, ihe effect might be ulti-
mately, that gentlemen of character and independence would
hardly be found to offer themselves even its candidates for
office. These were his opinions on the subject; whether they
were shared in by other gentlemen must remain to be seen. He
was contented for himself, that he should ,e relieved froin
being supposed to give a silent acquiescence in a principle of
suction which, sooner or later, if persevered in, must hring on
the ' moral decline of that party to whit hhe wag-by principle
attached, but which he was much more anxious to sustain in
the respect and good opinion of the public, than in the irre-
sponsible. poisession .of patronage (so we understood Mr.
Birch, who here, spoke exceedingly low). M.. Burch sat down
amidst partial applause; :the out and out, thick and thin sup-
potters of
.whiggisin and Jobbery maintaining a profound
silenee.

Nlr. CounCillor EARLE wished to correct a mistake in what
Mr. Birch had stated; there was one diffeience in the parallel
he had drawn—

, •
The MAYOR rose to order: • There was no motion before the
council. If any member wished to rise in reply; he thought it
ought to be permitted, but not any discussion.