The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-11-13 00:00:00

faith with the public if we fail to mark those complete misre-
presentations. The reporters were admit e I here for the
purpose of giving a faithful recount of the proceedings, and
when any of them ceases to do that, he cught to vacate the
privilege of being here. I happened in the newsroom this
morning to look at the Mail, and I found that what I said
yesterday was therein misrepresented. I looked at the two
other papers, in order to see whether the misrepresentation
was general, and I found that the Times and the STANDARD
have given it exactly as I spoke, but the Mail has, in the
essential parts, altogether misrepresented the thing. Now,
I do not mean to follow this up by any motion ; but, if it be
repeated, I shall follow it up by moving that the reporter of
any paper that misrepresents shall be prohibited from com-
ing here. I have no objection to the whole of their other
columns being devoted to ridicule and libel, but I think
they ought to give the proceedings of the council as they are
with truth and faithfulness.

—I beg to state, in addition to what Alder-
said, that I hal

Mr. JORDAN
man Evans has a complaint to make on this
head against the press generally. If the members of the
Houses of Lords and Commons correct the accounts given
by reporters, they also call on the editors of papers to ass"
that they were present and that they voted so and so.

it is a very common practic
out altogether—(a lauih

with the reporters to leave me
—and to exclude what little I do
say ; and sometime since when a motion was made and that
I spoke upon it, Iwas not mentioned as being in the council

ave a r

at ill. Now, I thin
that we are here, because if they never see our names in the
paper they may think that we have resigned and left the coun-
cil; and, therefore, every man who sits here has a right to
have himself mention-'

SMITII.—I think Mr. Jordan has made a very curious
complaint; and I must say that though my name does not
always appear in the divisions, I should be very sorry to
imitate Mr. Jordan's example and find fault with the press
on that account. (Hear, hear.)
Mr. G. H. LAW REN CE.—As I have not seen the Mail of
to-day I am not in a position either to admit or to refute the
charge of misrepresentation of. which Alderman Evans has
complained ; but I think it cannot be said with truth that the
Mail misrepresents, for I know not any paper that reports
better than that journal. (Hear, hear.)

Mr. D. llooGSoN.—l think the papers ought to be left to
take their own course without any iaterference on the part of
this council. (General cries of " Hear.") For my own
part I have been abused not a little, especially during the low

state of the Mercury lately in reference to what they were
pleased to designate a wooden Bible, but I have not inter-
fered, because when men are,found to tell such falsehoods I
am anxious to let them possess the chaimeter of liars as much
as they please, either by acts of omission or commission.
Mr. IL LAWRENCE.—For my own part I have been in-
debted to the-newspapers for the manner in which I have
been reported, for they generally express my sentiments in
much better language than I could myself.

The MAYOR.—The object of affording admission to re-
porters here was that they might give a f-ithful, or, at least,
a substantially faithful, account of what occurs, and there
can be no doubt that it would be exceedingly wrong if any
distorting words were put into the mouths of any of the
speakers. If we cannot have the power of either lords and
commons, the reporters should confine themselves to truth.
Mr. EARLS.—The papers tell no . lies, sir ; they are only
" errors in degree."

THE CHARGE AGAINST THE MAGISTRACY

Mr. AININ here said.—Before we go into the- business of
nominating the committees, I rise, not to gratify any wishes
of my own, but to afford an individual present an opportu-
nity of making au explanation. ,I do not rise with the pre-
sumptuous thought of defending the magistracy, but for the
purpose of demanding the reason why the individual in ques-
tion brought his charge against that body. I trust that op-
portunity will be afforded me of following up this matter;
and, in the first place, I will simply recall the words as they
fell from the gentleman. His allegation was that " many of
those who should have been the protectors of the law had be-
come the breakers of it, and made others the protectors,",
and he afterwards repeated the words, and said that " if ever
he should be called upon to state his reasons for making the
charge, he should be prepared to do so." I now call upon
him to state upon what grounds he advanced it, and I trust
no attempt will be made to prevent him from doing so, see-
ing the very serious way in which the charge was made, and
the grand style in which it was introduced ; for the tone, the
look and gesture, were all elaborately formed to catch the eye
of our wondering imagination. (Hear, and a laugh.) I want
to know, then, on what basis this charge rests ? • -
Mr. BUSHELL.—Sir, I feel that Mr. Aikin has very justly
brought this matter before the council. (Hear, hear.) Feel-
ing desirous of leaving this room as early as possible last
evening, I requested to know from him whether he would
bring forward the subject to-day. I ascertained that he
would, and he has now done so. 1 pass over the manner and
gesture that he ascribes to me. Whatever may be my mode
of delirery in this council that affects nothing that I say, and,
therefOre, I cannot help thinking that it would have been
better'had he confined himself to calling for the explanation
he deinands. (Hear, hear.) That which 1 said yesterday
was, that " some of the magistrates who should have been
the protectors of the law, had become the breakers of it, and
made others the protectors." And, now, I boldly avow the
charge which I intended to convey in those words. (Cheers.)
I trust I never said anything in this council for which I could
not produce justification ; and it will be for you to say whe-
ther or not I have had justification for the present charge.
You will, however, bear in mind that I brought no charge
against the whole body, but that I said "some," unless they
were greatly belied, had been guilty of such conduct. Now,
sir, for the proof. I hold in my hand a newspaper ; and I
must crave that no interruption will be given me while es-
tablishin this charge, so serious as it is to the body at large.
(Hear, aar.) In the STANDARD of the 7th of August, this
Year, I find a list of subscribers to the Protector Society.
,r
find in the Mail of the Bth of August the same list verbatim,
I believe, of subscribers to the Protector Society ; and I shall
read the names contained in that list with yopr approbation.
It is headed, " Subscribers to the Protector Society ; and
this is the way in which it was introduced in the STANDARD:—

" The foll Owing list of subscribers to the Protector Society
has been handed to us; it having reached us anonymously we
cannot vouch for its accuracy." _ _

It is thus introduced in the Mail :—Sinews of war for the
radical party.—The following list of subscribers to the Pro-
tector Society has been published by a contemporary, but
though correct, we have reason to believe, in the main, there
are one or two omissions." And now for the list.

J, Walmsley...
J. Mullineaux.
- Thorneley
J. C. Evart...
- Cropper..
John Holmes.

£5OO
500
250
200
200
200

(Laughter.)
It remains to be seen whether this is a subject for laughter
or not, and, before I have done, I shall take the means of
Proving its correctness. It continues as follows

Eyre Evans.
John Platt
Pattison Ellames
Francis Jordan
- Preston.. ...
Frankland.
-Blackburn.
- Quayle
Booth.
- Sheil .
- Thornhill
W. Rathbone (3d donation)
James Brancker
- Yates

Glenn..
Hornby

- Segar..
- Carson

— Coglan 5O
M4Kee
Mason. 25
• 2O
Alison. 2O
--Woollright...
Now, with- regard to this statement, I have to observe,
that it appeared in two of the leading journals of this town,
and that it has never been contradicted. (Hear, hear.) I
li.a.ye invariably found that, when any charges are brought
4rflinst a party or individual, there has always been a desire
evinced by that party or individnal to rebut those charges,
and to prove them to be unfounded ; and it was upon this
published statement, or, at least, partly upon this statement,
that I founded my charge azainst some of the magistracy of
this town yesterday. (Hear, and cheers.) The accuracy of
this list has, I repeat, never been denied, and, therefore, it
was anything but probable that it was incorrect. (" It is in-
correct," from two or three voices.) I have nothing to do
here with the denial of those who are not magistrates. I find
the name of Sir Joshua Walmsley on the list; I also find the
name of Mr. Ewart, of Mr. John Holmes, of Mr. Eyre
Evans, of Mr. Francis Jordan, and of Mr. Rathbone. As
the Christian names of Messrs. Cropper, Booth, Hornby, and
Alison are not mentioned, I shall not say whether or not they
are the magistrates answering to those names. But, at all
events, I have brought the charge against the six magistrates
who are named by their Christian and surnames on this list.
The next thing for me to do is this : I have heard several,
start up and deny that this is true. Now, I call upon those'
who have not yet started up to say and deny that they have
ever, either directlyor indirectly, subscribed their names and
their money to any fund for such a purpose (hear, hear);
and when I have received such a denial as magistrates and
as men of honour ought to give to such a charge, I shall get
up and say that I am sorry they did not sooner oontradict the
statement, for' that, in such a case, they would have saved
themselves from the odium and me from the trouble of
making such a charge. (Applause.) I now call publicly for
a distinct and a direct denial from each that they have ever
given their Names or their money by themselves or by their
relatives for such a purpose ; and then, when they give that
denial, I shall come forward and express my regret that this
statement had not been sooner rebutted, and I shall also ex-
press my regret that I was the means of becoming the ve-
hicle of opinions and sentiments which, if not contradicted,
Would have disgraced them as the administrators of the law,
and shall express my sorrow for it, (Loud applause.)
Mr. AI rise to put an end to this discussion. (Hear,
hear, and ironical laughter from, the conservatives.) I rise
also to exhibit the groundlessness and total falsehood of the
charge, advanced by the individual who has just sat down.
The words he used Were, that " the magistrates, if not very
Anuch belied, had been guilty of breaking the law." I rise
also to say that the individual who made so malignant and
base a charge as that, when I asked him for the proof, pro-
duces two Liverpool newspapers, and reads out of them that
subscriptions had been paid to a certain society ? many of
them to myknowledge were lies, but suppose they were true,
what has that to do with the breaking of the law ? And yet
this is the ground on which the gentleman has thought pro-
per to assert that " the magistrates, who ought to have been
the protectors of the law, have become the breakers of it, and
have.made others the protectors." I called on him to prove
that charge, and he produces two papers nearly as worthless
as his own charge, because they contain a mass of gross and
Malignant falsehoods ; but I salt, that if they were as true as
they are false, they have nothing to do with this question.
Mr. 41,,utg[4. rose to reply, when
MAYOR, addressing him, said—l wish to ask you one
question : have you an other ground for your charge besides
tins one you have ready?
Mr. BUSHELL.—Yes, sir, I have. I made an important
omission, which I now beg to supply, and I shall make no
reply to Mr. Aikin, except read that omission. I presume
that every one here knows the objects of the Protector
Society, for which the fund I have alluded to was raised, but
lest you should be ignorant of them, I shall read a speech de-
livered at the close of the revision court by the revising
barrister, Mr. Wharton, the authorised judge of the govern-
relent ; and, as it igk very,
short, I shall read it all for you.
lie said
Now the revision of the list of voters for the borough of
Liverpool is gone through, I beg leave, on my own account,
and on account of many of my colleagues, to return thanks
to the' gentlemen who have acted professionally befoe us,
for the assistance they have afforded to us during theyardu°_ us business transacted in these courts during the present
week. We have each of us had duties and difficulties of a
very peculiar nature : my own have certainly been unprece-
dented. They have arisen partly from the very great num-

tber of cases that have bcen brought forward before _
still more so froni the unusual character of those cases-
from the unusual testimony adduced—and from the infamous
—and we can add, from our own experience, the unusual
perjuries resorted to in support of them. The revising bar-
risters agree cordially in opinion that they are not exceeding
the limits of their province in adverting to the cause of those
perjuries. They consider they are owing to the associations,
by whatever name and upon whatever principle constituted,
which have lately been established in this borough, namely,
for the creation of votes • and although my learned colleague,
Mr. Walpole, alone of the three, has some doubts of the lite-
ral interpretation of the letter of the reform act, he has none
whateNr as to the spirit and intent of the law. We none of
us have any doubt as to the spirit and intention of the law."
Mr. Al KIN.—You had better read the advertisements next.
(Laughter and uproar.)
Mr. I3USHELL.—These are grounds for argument. (Re-
newed uproar.) I promise you I shall not be put down by
chmour. (Hear, hear.) If I meet not with that cordial re-
ception here which I thought I might expect, and if my ar-
guments receive not your unbiassed judgment inside those
walls, I shall at least have the town at large to judge of them,
and with that judgment I shall have my justification and
satisfaction. (Applause.) Mr. Wharton concludes as fol-

us, but

lows
" We are unanimously of opinion that these societies are
directly opposed thereto, and have largely contributed to the
evils which all right-minded men must deplore, and which we
have witnessed. We therefore take this public opportunity of
expressing an unanimous opinion on these matters, with the
object and with the expectation of drawing public attention
thereto ; and with the hope that some remedy may be disco-
vered and devised which will prevent the recurrence of the
disgraceful and disgusting scenes which have occurred within
these courts during the present week."
Now, sir, I have sifted this charge from the beginning. I
see that certain magistrates' names are subscribed to the list ;
and when I see that this very Protector Society has been
denounced in the terms I have read by a judge of the land ;
and when I find that such societies have been proved to be
against the law, I consider, that until the magistrates, the
names of whom I have read, shall come forward and deny
that they have subscribed, my charge remains. (Cheers.)
Mr. M'KEE rose amid cries of "You are no magistrate,"
and said,—My name having been mentioned in the list, I
shall take this opportunity of stating, that it is a malicious
and malignant falsehood, and that the party who put it on
the paper knew it to be so. I leave Mr. Bushell, therefore,
in the very enviable situation of stating that which is not true.
Mr. BRIGHT—What appears in the papers carries its own
antidote along with it, for it contains no point.
Mr. AIKIN rose amid loud cries of " Spoke, spoke," and
vainly essayed to address the chairman for some time. At
length,
Mr. BUSHELL rose and said he wished Mr. Aikin would
be allowed to proceed.
Mr. Aix IN then said,—You will recollect that Mr. Bushell
began by reading the words of the editor at the head of the
list, namely, that be could not vouch for its accuracy, and
yet it is upon such a statement as that, that Mr. Bushell
grounds his charge. It is, therefore, manifest, that the
charge is based on newspaper paragraphs so absurd that the
editor admits that he cannot vouch for their accuracy, and
yet upon the strength of those paragraps, Mr. Bushell can
get up with the view of endeavouring to ruin the character of
the magistracy.
Mr. BUSHELL rose amid some confusion, but gave way to
The MAYOR, who said—l must preserve order. It appears
to me that you (Mr. Bushell) made a grave charge against
the magistrates, and that your authority is the anonymous
editor of a newspaper. It further appears to me that it is a
very grave charge resting on very slender grounds—for in-
stance, on a quotation from Mr. Wharton, that seems to me
to apply to societies on both sides. Your charge is levelled
against a society at only one side ; and sith regard to the in-
quisitorial manner in which you have called on the magis-
trates to answer whether they did or did not subscribe, I
think that no court or parliament would justify such a thin...
I think, then, that this subject should be dropped. (Loud
cries of " No, no," from the conservatives.) I repeat that
your charge proceeds upon newspaper paragraphs, and I do
think, or rather feel myself called on to say, that an apology
is due by you to the magistrates, for having made so grave a
charge against them—(vehement cries of " No, no," from
the conservatives)—and which you made, I think, on very
unsubstantial authority.
Mr. BUSHELL.—Have I your permission to go on, Mr.
Mayor ?
The MAYOR.—I cannot allow you, unless you choose to
make an apology. (Renewed cries from the conservatives of
" No, no.")
Mr. BUSHELL.—I hope, sir, that though you may be
sometimes severe, you can at other times be courteous. I
craved permission for Mr. Aikin to be heard just now, and
perhaps he will crave the like permission for me now. lie
alleges that I brought forward the present charge on the
anonymous authority of a newspaper paragraph in the
STANDARD, but, if that be so, what does the other paper—
the Mail—say? I read the editor's remarks before, but here •
they are again :
The following list of subscribers to the Protector Society
has been published by a contemporary, but though correct,
as we have reason to believe, in the main, there are one or
two omissions.
I feel with you, sir, that this is a grave charge, but I also
feel that it must not be blinked in any way. (Hear, hear.)
The MAYOR.—I think that observation is unnecessary.
Mr. BUSHELL.—It is not unnecessary, sir; I call for
justice and impartiality. (Cheers.)
The MAYOR.—I cannot allow you to proceed.
Mr. H. LAWRENCE.—Mr. Bushell has brought a certain
charge, and I feel that it is not for you, as the mayor pre-
siding over this assembly, to stop the discussion of it in its
present stage., (Hear, hear, from the conservatives.) He
has stated certain things, whether they have been well or ill-
founded it is not for me to say, but as our wish is to give you
credit for impartiality, I think you should have stopped the
discussion before Mr. Aikin made his last observations. As,
however, you did not do so, I think the present is not the
time for you to attempt it, and if you shall persevere in
cheeking it, you will not be adopting that course which is
consistent with the impartiality you profess to be anxious to
maintain. (Hear, hear.)
Mr. BUSHELL.—I have only to make one or two remarks
in addition to those I have already offered for your conside-
ration. I have already shown you that the editor of the
Mail aid he had reason to believe the return correct : and
now, with regard to the apology, I have stated my willing-
ness to make any apology in my power ; but that willing-
ness was conditional—that is, when the magistrates will rise
up in this council, or by letter, and say they have neither
directly nor indirectly, either by themselves, their relatives,
or their friends, subscribed to the society in question. When
they do that, sir, then will I come forward and make a sub-
missive apology. (Cheers from the conservatives.)
Mr. J. HOLMES.—How can they do that, when one of the
magistrates, Mr. Rathbone, openly said that be had lent
money to the society. (Hear, hear.)
Mr. SMITH moved that the business of the day be pro-
ceeded with, which was accordingly resumed.
GAOL COMMITTEE.
The MAYOR said, it had been deemed expedient that the
Gaol Committee should always be composed of such members
of the council as were magistrates. The committee of last
year would stand unaltered, with the exception of the name
of Sir Joshua Walmsley, which would be added.
Sir JOSHUA WALMSLEY said, as he was a magistrate
merely for a year, be would decline being on this committee
if the council would permit him.
Mr. GLADSTONE and Mr. COOPER were of opinion, that
it was not necessary that all the members of the committee
should be magistrates.
The MAYOR said, the members, it should be understood,
always acted in combination with the other magistrates.
The TOWN-CLERK said, though it was not compulsory by
the act that all the members should be magistrates, yet inas-
much as there was a doubt as to some of the functions that
were to be exercised, it was considered expedient to select such
members as were magistrates.
Mr. 'YATES hoped Sir Joshua Walmsley would consent to
act on this committee. He had been found so active and
efficient on all the committees to which he had been elected,
that it was desirable to have his services on this committee.
The following were appointed to be members of the com-
mittee :—.The Mayor, Sir Joshua Walmsley, Messrs. Currie,
John Holmes, Earle, Hugh Hornby, Yates, Benn, Hodgson,
Roskell, Evans, Booth, Houhgton, and Aikin.
GARDENS COMMITTEE.
The following were appointed members of the Gardens
Committee :—Messrs. Jordan,. Morecroft, R. Jones,
Bright, Wright, Sandbach, and Cooper.
BOROUGH COURTS COMMITTEE.
The following were appointed members of the Borough
Courts Committee :—Messrs. Morecroft, Evans, Bright,
Copeland, Slater, Smith, Cooper, and Toultiiin: _
CHURCH EXPENDITURE COMMITTEE..
The following was the first proposal for this committee :
Messrs. Earle, Platt, Woollright, Case, Benn, and H.*Hbrn-
by
M.
r. H. LAWRENCE said he thought there ought to be ano.-4
ther conservative on this committee. The members were all
of the Church of England, and he would say that he never
saw a committee manage their affairs with greater firmness
and ability. But he thought they. ought to substitute the
name of Mr. Bushell for that of Mr. Benn.
Mr. BENN at once acquiesced.
It was ultimately agreed that the name of Mr. Birkett
should stand in the place of that of Mr. Benn, when the
committee was made up of the following members :—Messrs.
Earle, Platt, Woollright, Case, Birkett, and Hugh Hornby.
PARKS COMMITTEE.
The following members were appointed to form this com-
mittee for the current year :—Messrs. Sandbach, H. Hornby,
Coglan, Houghton, Gladstone, Yates, Sheil, Earle,
James Lawrence, and Proctor.
Mr. J. HOLMES hoped the committee would have nothing
to do for the next year, for they could not at present spare
the funds.
Sir JOSHUA. WALMSLEY hoped the committee would have
very much to do ; and that they would work assiduously, and
get the public to assist them to carry out the design.
Mr. BIRKETT expressed himself unfavourably disposed to-
wards the undertaking at the present moment.
LAW COURTS COMMITTEE.
The following were the members appointed to this com-
mittee : Sir Joshua Walmsley, Messrs. Hugh Hornby, Cur-
rie, H. Lawrence, Earle, Barclay, Sandbach, Sheil, and
Gladstone.

TOWS-HALL ESTABLISHMENT COMMITTEV

The members of this committee for the current year are,
Sir Joshua Walmsley, Messrs. Earle, Bean, Houghton, and
Barclay.

WASH-HOUSES AND BATHS COMMITTEI

Mr. H. LAWRENCE said, he had-been deputed to move
the appointments for what was called the Washerwoman's
Committee. (Laughter.) Mr. Lawrence spoke highly of
the measure which the committee would have to carry out.
Mr. JORDAN thought it desirable that some member of the
medical profession should be on the committee.
Mr. WICEE asked if it were conceived that medical men
had more knowledge of washing than other people ? (Laugh-
ter.)

The following gentlemen constitute the committee : Messrs.
H. Lawrence, Sandbach, H. Hornby, Yates, C. H. Jones,
and Bright.

OBSERVATORY COMMITTEE

The members of the Observatory Committee for the cur-
rant year are Messrs. Aikin, Leathom, Roskell, Platt, Case,
G. H. Lawrence, Gladstone, J. Hamby, and Sandbach.

APPOINTMENT OF ALDERMEN TO WARDS

. _ .
It was agreed, that to such wards as had two councillors
present, the aldermen should be appointed, subject to con-
firmation when all the three were present, as required by
law. To St. Paul's and Great George's, having each only
one member present, (Mr. Wright and Mr. Cooper,) alder-
men were not appointed. The following were the aldermen
assigned to the other wards respectively ; Everton, Joseph
Hamby, Esq. ; Scotland, Thomas Holt, Esq. ; Vauxhall,
T. Bulley, Esq. ; Exchange, Robert Roskell, Esq. ; Castle-
street, Enoch Harvey, Esq. ; St. Peter's, Thomas Leathom,
Esq. ; Pitt-street, Thomas Booth, Esq. ; Abercromby, T. B.
Barclay, Esq. ; Lime-street, Wm. Earle, Esq.; St. Anne's.
Robert Berm, Esq. • West Derby, J. Moon, Esq. ; South
Toxteth, George Holt, Esq. ; North Toxteth, C. H. Jones,
Esq.

Case said, he had examined the evidence of Dr. Duncan and
a gentleman who had taken statistical notes, and he had
checked it against some notes which he had been furniShed
by Mr. Whitty, the head-constable. Ile found that there
were in this town 11,996 houses in back courts, and 7,800

inhabited cellars. 11c would take the cellars at a population
of five each, which gave 39,000. He would take the courts
at 12,000, and six as the number of inhabitants to each house,
which gave 72,000. This gave a total of 111,000 individuals
living in cellars and courts, pretty nearly half the population.
Many of the courts had entrances
.not more than four feet
'-ich were covered in at the top, so that in many in-

in the welfare of this yaluable institution, to lay before them
a true statement of the case, from which they may form their
own conclusions thereon ; and every unbiassed person must
allow, that it is only such a course as the committee have
hitherto pursued that can advance the true interests of the

During the late municipal contest, a voter from North
Toxteth ward was a patient at the hospital; a day or two
prior to the election, being canvassed by the conservative
party for his vote, they were informed that the man was not