The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-05-04 00:00:00

to all pod government, and that one great excellence of the
municipal ri.fortu act consists in its securing to the constituency
the entire responsibility of the common council.
" Your memorialists are also convinced, that all the delibera-
tions and votes of the representatives in council ought to be
open and public, and that it was wisely provided and ordained,
by an early resoltitio❑ of the reform council of this borough,
that
,publicity should be•giten to rill their proceedings.
Your memorialists having learried with much regret' that
the members of the common. council adopted the mode of secret
voting on the 21st of February list, cannot avoid declaring
that such a plan is calculated to destroy all responsibility on the
part of the representative, to lessen confidence in men chosen
by the public voice for the management of a most important
trust, and to conceal from observation decisions which ought to
be subject to the examination of the whole constituency, whose
interests are deeply involved.
" Signed on behalf of the meeting, . .
" Trzirs. Burly, Chairman.

" Liverpool, 21st March, 1838."
"To the Mayor and Common Council of the Borough o
Liverpool, in Council assembled,
" The Memorial of the Reformers of St. Paul's Ward, passed a
a Public Meeting, held on the 28th March, 1838,
" Respectfully showeth,
"That your memorialists have observed with alarm that the
vote I-y ballot has been introduced in the proceedings of the
council, on the 21st February of this year.
"That your memorialists believe the adoption of any mode of
recording the votes of the members of the council, which de-
prives the constituency of the means of ascertaining in what
manner each individual councillor discharges the 'duties of a
delegated trust, is attended with great danger to the continu-
ance of responsible local government.
"That your memorialists are most earnestly desirous that the
Town-council should possess the entire confidence and support
of the liberal majority of the electors of the borough. That
support, they submit, can never be so fully secured as by the
greatest publicity being given to the votes and the opinions of
those whom the constituency have. elected.
"Your memorialists, therefore, respectfully urge upon the
attention of the council the necessity for passing a resolution to
the effect, that on all future divisions of the council, in which
the mode of obtaining the votes is not prescribed by the legisla-
ture, the voting upon such occasions shall be open to public in-
spection.

"And your memorialists will ever pray, &c.
"Signed on behalf of the meeting,
‘• ILLlrt.rorra, Chairma
"To the Worshipful the `h
ayorA and them Common Council of
the Borough of Liverpool. in Council assembled.
"The Memorial of the Reformers of North Torteth iVard,
adopted on Monday the 26111
" Respectfully showeth.
"That your memorialists are deeply impressed 'with the con-
viction that the greatest publicity which can be given to the
votes and opinions of the representatives in council constitutes
the most effective check to any improper exercise of an impor-
tant public trust, and forms the best preservative against the
evils which time and circumstances have a tendency to produce
in all human institutions.
"That in common with a great number of the liberal consti-
tuency of the borough, your memorialists have observed with
alarm- the mode of secret voting adopted in the proceedings of
the council oil- the 21st of February last, upon the occasion of
recommending magistrates for her majesty's new commission.
"That your memorialists have to express their regret that
upon a former occasion, the same mode of obtaining the votes
of the couneil'as that of which they now complain, was adopted
without observation or protest on their part, a circumstance
which they attritnite to the novelty of their posit ion. with refer-
ence to to the various and important duties which the muni-
cipal reform act called upon them to pertOrm.
"That your memorialists, in the twist respectful but earnest
terms,, represent the danger which is likely to result from such
a mode of obtaining the sense of the council, with reference to
its effects in the first instance upon the responsibility of the re-
presentative, and in the. second place, its tendency to lower the
character for independence which the council now enjoys in
public estimation.
"That your memorialists firmly believing that while the pro-
tection of the ballot would be judiciously employed in render-
ing the exercise of a right inherent in the individual indepen-
dent.and uncontrolled, it would, at the same time, have a most
injurious effect when used to shield from the public the mariner
in wide!' their representatives discharge the duties of a delegated
trust.

"Your memorialists, therefore, respectfully call upon the
council to pass a resolution to the effect, that upon all
future occasions in which the council shall have to dis-
charge its elective powers, either in its legislative or its
executive capacity, that the open mode of voting shall
in every instance be adopted.
"And your memorialists -trill ever pray, &c.
" Signed on behalf of the meeting,
"WILLIAM M'Kxa, Chairman.
" Liverpool, March 31st, 1838."
Mr. LASSELL then continued. He said as soon as the me-
morial had been put into his hands, he put a motion on the
books to the effect that the council would pass a resolution that
on all future occasions they would vote openly; but probably
if he had had more experience he should have couched it in dif-
ferent language. Ile thought ititieltd be unnecessary to burden
the books with every memorial, he therefore would move " that
the memorial be received, and that it he a standing order in the
council, that on all occasions in which thei e was a division the
votes should be taken openly." He had been requested to sup-
port the prayer of the memorial, and he agreed with the reform-
ers of Rodney-street Ward, except where they express their
alarm at the vote of the council, for he did not partake in that
alarm. if it had been a predetermined vote there might have
been just cause for alarm, but it was not so: they merely voted
as they had done before—erroneous thought it was in a repre-
sentative body to vote secretly. No one would dispute that it
was the intention of the municipal act to establish entire respon-
sibility. That was a defect of former corporations, which were
self-elected, with nobody to call them to account, the public
only being made aware of their proceedings in consequence of
the communications of some of the more liberal of their body,
for the press was carefully excluded from their deliberations.
It was to remedy this that the municipal act was passed, and
the framers of that act in the first instance intended that the
aldermen as well as the councillors should be elected by the peo-
ple; hut it having been Robaerinotatly dotaelnine,) to le,va their
election to the council, an additional responsibility was cast
upon them, in enabling them to add largely to their number by
self-election. But in giving that power the legislature prevented
them voting secretly in the choice of aldermen, by appointing
the manner in which it should be done ; and he conceived that
every argument that held good with reference to the election of
aldermen, would hold good in respect to every other appoint-
ment which they made; they had a like responsibility in both.
He believed that if any one person in council called for open
voting, it was their duty to take their votes by card ; it did
herefore .seem a strange anomaly that if 63 wished for secret
voting that any one should have it in his power to thwart their'
wishes. That might be used as an argument against him,
but be would nevertheless press his motion, that it. be r. standing
order that all questions should be determined by open voting.
Mr. PLATT seconed the motion.
Mr. BOLTON supported the motion, and he concurred in the
opinion that no vote ought to be given, that would put them in
a situation to screen themselves. With regard to the occurrence
which had given rise to the meetings from which the memorials
presented that day had emanated, he believed it had been the
result of inadvertency, which he pleaded. If he had foreseen
the dissatisfaction which had arisen in consequence, he for one
would have moved that their names be recorded.
Mr. JAMES LAWRENCE briefly od s.
Mr. Alderman EVANS said, as theppose councilecret havevoting already re-
ceived the memorials, I have no need to dwell on the number
and respectability of those who have been parties to them; But,
With regard to the resolution which has been offered by Mr.
Lassell, I must altogether dissent from it. I conceive, that it
is quite sufficient that the memorial's be read. That the well-
expressed wishes of the people of Liverpool will have due
weight at the proper time, I have no doubt whatever, and 1
conceive that ought to content all parties. We have one of the
memorials mentioning the words of " independence of the
council." Sir, the independence of the council in every respect
ought to be equally dear to the constituency as to ourselves.
This council.cannot be lowered, cannot he degraded, cannot be
held out to the public as a corporate body under the influence
of fear, without a very great injury upon the constituency itself.
(Hear.) Under these circumstances I greatly regret that Mr.
Lassell—he was not called upon, 1 believe, by the Rodbev-street
memorial to move any resolution whatever, the others have got
it in, and there it would have stopped. Mr. Lassell, in his opi-
nions upon the ballot generally, is quite at vat lance with what
1 believe to be the opinions of the great majority of the refor-
mers of Liverpool. Mr. Lassell is against the ballot in elections
of members fur parliament. 1 believe the reformers are all for
it; therefore, the Rodney-street Ward reformers, not having
asked him to move a resolution of that sort, I cannot help think-
ing he is going a little beyond what was required of hint. But,
Sir, what necessity is there to press in aid any resolution upon
this now ? Is it not coercing the council into an acknowledg-
ment, that it had committed an error—one of a nature that was
almost treated as a crime? Now, Sir, I have no feeling what-
ever that we did err at that time, and the evidence of it was
that there was not one gentleman got up to notice that we were
doing what was wrong. That this matter, which, in itself; is an
absolute mole-hill has been inaje into a mountain is quite
clear, but for what purpose I know not, at least I wont endea-
vour to account. But I cannot conceive that we can, after re-
ceiving these memorials, come to any resolution of that kind.
that would be equivalent to the admission, which we have no
right to make, for we were nut conscious of it, and I am not yet
conscious of the impropriety of resorting upon particular occa-
sions to that mode of electing. But I grant that when it is the
wish of the constituency, if it is not a principle of a vital nature,
that we ought not to carry it into practice.. It is much better
to act in accordance with the constituency, and .on that they
ought to rely, that their memorials will not he forgotten, and
that they will have their due weight. On that account I con-
fine myself to recommending to the council that they receive
them with all the respect due, but -that they pass no resolution
Of this kind. I see not why the constituency is to doubt this
council—why are we to doubt ourselves—why are we to divest
ourselves of discretion hereafter? And what would be the use
of it ? Were we to make a resolution of this kind, it is not like
a bye-law which will hold ms, which will bind us• it will be
competent for any body after that to get up and move the old
mode of acting. But I conceive that we cannot, with the sense
of what we owe to ourselves, which we owe to the constituency,
go into any resolution before the occasion comes in which we
are 'called to exercise our elective or our recommendatory
powers. It is quite sufficient upon that occasion, and upon
every other, to decide how we are. to vote; therefore, I oppose
all kinds of restrictions—all kinds of limitations on the discre-
tion of the council.
Mr. Councillor JOHN SMITH said; that he should he doing an
injustice to his own feelings as the representative of an indepen-
dent constituency, if he did not raise his voice, on that occasion,
against what he considered to he an unwarrantable attempt to
control the free-exercise of the opinions of that council. In
what light, he would ask, where•they, sitting officially in that'
room, to be viewed by the public out or doors? Were they to
be considered 'as the representatives or simplyeas the delegates
of the•people? 'Were they to be looked upon as mere automa-
tons in the hands of certain parties, to do their bidding upon
every occasion, without being permitted to have even a will or
opinion of their own ? If he thought for a single instant, that
such• was the tenure upon which he held his office, highly as he
might prize the honour ore seat its-that council, rather titan
submit to such degrading and humiliating conditions, he would
at °nee resign it. They were terms which no independent mind
could tacitly submit to—they-were terms which no independent
constituency ought to enforce. But he had a very different
opinion of what ought to constitute the character of a town
councillor. He considered that the public had an undoubted
right to expect that he would at all times further and support, to
the utmost of his poster, every, measure that might be deemed
conducive to the general welfare. 'That he would advocate as
strict an economy in the expenditure of the ssorpurate funds as
might be consistent 'with the dignity of the council, and compat-
ible with the growing wants and improvements of the town ; in
fact, that he would uniformly use his best endeavours to pro-
mote the interests, the comforts, and the happiness of the peo-
ple—thus much he would readily admit, the public had a right
to expect at his hands—but with regard to the means, the man-
nea, the mere machinery by which these measures were to be
carried into effect, he contended they bad no just right to inter-
fere; these were matters which might safely be left, and which
ought to be left, to the judgment and discretion of him' whom