The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1843-06-09 00:00:00

Valb Oplucktie coiisitrritt

Mr. LLOYD replied that there would be a report in July
COURTS OF LAW. '

" ..osuou, opinion mat n would be no in-
fraction either of the spirit or the letter of the act. He
declined, however, giving Mr. Ton:kills:on a final answer till
be returned from the continent; and in the meantime he
ascertained that, as a member of the corporation, he would
likewise be in the same position again with reference to work
for the dock trust, for be was advised that, as one of the
members of the corporation, he was a trustee of the docks,
and, 'therefore, in the same position. And, really, the
ramifications of his own business were such that he assured
the council solemnly upon his honour that it was quite
possible for him to infringe upon the spirit of the act, and in
many instances be totally ignorant that ho was doing so, be-
cause it was impossibe for him to know all that was going on
in an ostensive employment like that of his firm. Ile there-
fore came to this resolution, that to accept Mr. Tomkinson's
offer would not only be inconsistent with his remaining a
member of the committee, but most inconsistent for him to
remain a member of the council; and he would frankly tell
the council that whilst he was desirous of doing all in his
power for the benefit of his native town, (and, whether as a
member of the council, or as a private individual, he would
so), at the same t;-- 'd

,ime be shou . not be acting a prudent and
judicious part if he sacrificed the interests of those dear to him
at the shrine of popular favour or personal ambition. (hear.)
He would not, he trusted, willingly injure tie reputation he
had hitherto enjoyed; and as he recognised the principle that
every man was accountable to his fellow-men for the judi-
-.is exercise of the privileges he as

Jossessed, anti _ recog-
nised the principle also that a man's character depended not
so much upon his legal rights as upon the honourable, the
open and the discreet exercise of those rights, so he thought
it would be neither just nor honourable in him to remain any
longer a member of the council if thereby he infringed even
upon the spirit of the act of parliament. (Cheers.) lie
begged to say, that he valued the honour of a seat in that
council as much as the most wealthy and most intelligent of
its members; and much as he regretted that tire decision
which be had come to, and the line of duty which he had
chalked out to himself, would put a constituency whom he
respected and admired, and with many of whom be was inti-
mately acquainted, to some inconvenience, he had gone into
that room, this morning, with the intention of frankly and
openly stating to the council the difficult Position in which he
found himself, and he had come to the resolution of stating
these facts, and leave the council to say whether, under the
circumstances, he ought to retire or not. But he thought,
at the same time, it was more a matter for his own feelings
than for the opinion of the council ; and lie trusted he should
never do a single act which any friend of his might be
ashamed of, which would be a deep infliction upon him ; and
therefore lie had conic to the resolution of retiring from the
council. This was-no sacrifice to him personally, nor would
the sacrifice of the loftiest situation to which he coted be
elected, if principle called for it ; and while he had had the
pleasure of acting on committees in perfect harmony and
concord with gentlemen who differed from him on many
points for the general good of the town, it would be to him a
matter of serious regret, not only upon account of the con-
stituency he represented, but upon account of many gentle-
men with whom he had acted on the committee, to leave the
council ; hut his impression was that he ought nut to remain
there, and he would not remain there, unless in the honour-
.

uprignt, and independent 'position in which he had
hitherto stood, and in which he was determined always to
stand. He repeated, therefore, that it was no sacrifice to
him when principle called for it ; and expressing his hearty
good wishes, and his best feelings to every gentleman he saw
around him, be begged he might now be considered as no
longer a member o'

Ile council, and he begged leave, repect-

fully, to retire_
Mr. liolmo, whose address was received with the most
marked attention, was about to retire, when he was invited

to remain tin the close of the proceedings.
Mr. G. H. LAWRENCE said that Mr. Holme had referred
to a time when he had been invited to a seat in that council ;
he had also referred to the honourable manner in which
he had been returned as the representative of St.
Peter's Ward, at the last election, but with how much
greater pride might he look back upon his conduct this day !
With how much greater satisfaction would he remember the
noble manner in which he had now come forward, not
screening himself under an act of parliament or the strict
letter of the law, but at once coming forward and saying
that his own feelings—guided as he was by his own sense of
what the spirit of the act was rather than the letter of it as
promulgated by the Town-clerk—lead him to think he could
no longer, with propriety, hold a seat in that council.
(Hear, hear.) In that feeling he (Mr. G. B. Lawrence)
fully concurred ; he fully concurred in the propriety of the
course which Mr. holme had taken, but not in the Town-
clerk's view of the law, who said that, although Mr. Holme
was not competent to undertake the work as a contractor,
he was as a sub-contractor under Mr. Tomkinson. That
might be true according to the strict letter of the act;
but he (Mr. G. H. Lawrence) should be sorry if Mr.
Holme exposed himself, the council, cr the great con-
servative party to which he belonged, to what they
would be exposed if the law, as expounded by the Town-
Clerk, were correct. The law was not well defined ; but he
contended, both from the municipal act and the amendments
in the act of Victoria, that Mr. Holme could not, so long as
he was either contractor or sub-contractor, hold a seat in
that council. He regretted to lose the services of Mr.
Holme, and he sympathised with the electors of the ward,
who were about to be deprived of the great ability of their
representative. The corporation was deeply indebted to
Mr. Holme for many valuable suggestions, and no one
amongst them would regret his loss more than himself (Mr.
G. H. Lawrence). He honoured him for the course he had
taken, and lie wished that, under all the circumstances, it
could be avoided ; but as it could not, he (Mr. Lawrence)
was sure every member of the council was satisfied his con-
duct would be a matter of satisfaction to his own mind, and
they cordially wished him every success in the great contract
upon which he was embarking. (Hear, hear, hear.)
Mr. BIRKETT considered that Mr. Mime had put himself
into the hands of the council, whose opinion he wished to
know.

The MAYOR said he understood it to be Mr. Holme's in-
tention to retire.

Mr. AMIN said he should have been inclined to think with
Mr. Birkett, if Mr. Holme had not said that his own feel-
hugs, his own sense of honour, and the propriety, which had
characterized him throughout life, told him he could not re-
main. if it had been a question whether a sub-contractor
did come within the spirit of the act, that might have been
settled by the council, but it had assumed altogether a dif-
ferent shape ; for it was a matter of feeling, and of that de-
scription of feling which, the moment it crossed the mind of
a man, prevented all further consideration of such a question.
He was satisfied that Mr. Holme had come to a right con-
clusion on reading the first clause which Mr. Lawrence
had read, for it was provided that any man having an
interest either indirectly or directly, was thereby deprived
of the position which Mr. Holme had held with so
much credit to himself, and with such great value to
the council. Perhaps be (Mr. Aikin) might be tole-
rated for one moment, as a political opponent, in giving
expression to his feelings, as he trusted that good would.
hereafter result from it.. Mr. Mime was a striking instance,
among a great number of others, that, whatever political
controversy might take place, however bitter passion might
reign, the moment men of sense and men of business got
into that council. and applied themselves to the affairs of the
town in the various committees, there all political feeling
merged in the duty which it was incumbent upon each to
discharge. In the instance they had just had—perhaps as
strong a one as could be produced—Mr. Holine had been
distinguished out of doors for giving an honourable and sin-
cere expression to his political feelings, and he had, in con-
sequence of those feelings been filling some considerable
space in the public eye; but he (Mr. Aikin) was satisfied he
spoke the sentiments of his own party, when he said
they could not have had in that council-room a more valua-
ble man than Mr. Holme, not only from his honesty of pur-
pose and intention, but from his intimate knowledge of the
business of the town, his scientific and professional know-
ledge, and the varied practical views which he could at all
times bring to bear upon the questions placed before him.
(Hear.) So far he (Mr. Aikin) did a expre-s sincere and ho-
nest regret that the council were about to lose him ; but, at
the same time, he trusted the day was not far distant when
men would be elected for their merit, for their fitness for the
duties to be imposed upon them, and less, as hitherto, from
their taking one political side or the other. In giving ex-
pression to this feeling he knew he should be twitted and
retorted upon by its being said he was suggesting a course
which his party, in their dominancy, did not adopt. They
certainly did not to the extent he could have wished, but he
trusted that bad then would never be an excuse to do evil
now. He trusted the day was not far distant, as he said
before, when men, from their respectability, the character
they sustained in the town, and their fitness for their duties,
would be selected and elected ; and he declared publicly in
that room, as lie lied verbally stated in all the committees of
his party, that he would rather vote for a respectable politi-
cal opponent than for any man, although a political suppor-
ter, with no degree of respectability in character or conduct.
He hoped that that feeling (and it must come from some
sourer) would be general ; that the council should no longer
be distinguished as a political body but as men determined
to fulfil their municipal duties conscientiously. He had
seized an Opportunity, which he trusted might not be consi-
dered altogether irrelevant, to make these observations ; and
on behalf of a great number of political opponents he pre-
sented to Mr. Holme their thanks for the excellent example
he had set in that council-room—so well calculated to allay
all bitterness and bad spirit. (Hear, hear.)
[Mr. Holme then handed a cheque for £5O to the Mayor
as the fine on relinquishing his seat, which being accepted,
he shook hands with the Mayor and Town-Clerk, and left
the room.]
Mr. Alderman EvANs concurred in all Mr. Aikin had
said, in expressing his regret that the council were about to
lose so valuable an acquisition as Mr. Holme had been;bo
there was another part of Mr. Aikin's observations
to
which
he could not assent. He (Mr. Aikin) had wadehi he
of
d d •
Evans) belonged, for the course they
confession of judgment against the pairiatydtao waptec
n(oMtaiii.
stating people to that council. He (Mr. Evans) had uni-

Mr. AMIN inquired respecting the proceedings of Paid
Officers' Committee, which seemed to have suspended opera.
tions.

The DEPUTY Town-ctrux read the proceedings of the
Courts'of Law Committee; and
Mr. SAMUEL HOLME, in moving their confirmation., said
the course which he was about to pursue rendered it neces-
sary that in submitting the motion, he should precede it by a
few remarks. He had frrquently been solicited to become a
candidate for a seat in teat council, and when he did consent
to come forward he was supported by men of all parties in
the ward which be had the honour to represent. There were,
however, circumstances connected with the ne.enli:ir

of his profe,sional avocations which had lettered him consi-
derably, and which he now found would prevent him from
remaining any longer a member of the council. He found
that although he could not take a contract under the corpo-
ration, he might take a sub-contract, but that appeared to him
like a direct evasion of the spirit of the law. He had been
placed in this peculiar position more than once; but when
the contract for the execution' of the new assize courts was
advertised, he found himself placed in a still more singular
position. During the time the matter was pending he
studiously kept aloof from the tradesmen who were likely to
tender; and it was well known that neither himself nor his
brother could themselves tender to execute the work. As a
member of the committee he felt the peculiar delicacy of his
position, and before the tenders were opened he would have
retired from the room, but his wish was overruled. Previ-
ously to the tenders being opened, and in the presence of the
whole committee, he had taken the opinion of the Town-
clerk whether he could execute any portion of the work, and
the Town-clerk stated that he could legally, as the corpora-
tion would contract with another individual anti would have
nothing whatever to do with him. This was the answer
which he expected from the Town-clerk, it being a question
with him on a legal point, upon the letter, and not the •spirit
of the law. It so happened that Mr. Tomkinson's was the
lowest tender, and alter a few days that gentleman, in con-
junwion with whom he had done some of the largest works
in the kingdom, and with whom he had been long and honour-
ably associated, applied to him to know if he would execute the
brick-work of this building. He (Mr. Holmes) told him he
placed him in a peculiar position, to which he (Mr. Ton-ikin-
son) replied that the specification would cause him to go on
so quick that he had no other resource, knowing the extent
of his machinery and means, and requested him to become
the contractor provided he could do so with honour. He stated
he was about leaving home for the continent, and could not
give him an answer then ; but he then wrote to Mr. Earle,
to ask him whether, in case he acceded to Mr. Tomkinson's
wishes, he considered it would be the slightest invasion or
infraction of the spirit of the act. He did this because on
the one hand Mr. Earle was chairman of the committee, and
upon the other he was a gentleman from whom he (Mr.
Holmes) differed on political points. lie received from Mr.
Earle a gentlemanly, kind, and courteous reply, in which
Mr. Earle gay. r, a;cl-;,„..• A. .