MASTER NEGATIVE NO. 92-80627 MICROFILMED 1992 COLUMBIA UNIVERSITY LIBRARIES/NEW YORK as part of the "Foundations of Western Civilization Preservation Project" Funded by the NATIONAL ENDOWMENT FOR THE HUMANITIES 4 Reproductions may not be made without permission from Columbia University Library COPYRIGHT STATElsffiNT The copyright law of the United States - Title 17, United States Code - concerns the making of photocopies or other reproductions of copyrighted material ... Columbia Universit}' Library resen^es the right to refuse to accept a copy order if, in its judgement, fulfillment of the order would involve violation of the copyright law. AUTHOR: LEWES, WATKIN TITLE: A LETTER TO THE RIGHT HON PLACE: LONDON DA TE : 1817 COLUMBIA UNiVERSITi' LIBRARIES FKESLRVATION DEPARTMENT BIBL IOGRA PHIC MICROFORM TARGET Original Material as Filmed - Existing Bibliographic Record Master Negative U Restrictions on Use: \ Lewes, Sir Watkin. Letter to... the Lord Mayor, aldermen & com- mono of... London relative to a report made by the cornmit- tec for general puipoaes respecting the hi [^i bailiff • of. . .Southymrk* . , London 1817. u * P, I] r\ No • Sofa vol. ' n of p aii;. b.1 e 1 3 . TECHNICAL MICROFORM DATA FILM SIZE:_2.r_Aw::V=:, _ REDUCTION RATIO: ijJH IMAGE PLACEMENT: lAULA IB IIB DATE FILMED ■._J_::y_Z^ INITIALS J^lZl FILMED BY: RESEARCH PUBLICATIONS. INC VVOODB RIDGE. CT Association for Information and Image Management 1100 Wayne Avenue. Suite 1100 Silver Spring, Maryland 20910 301/587-8202 Centimeter 12 3 4 IIIMMItllllllM|l|lllllllll| I I I I I I I Inches 1 1 1 1 1 1 1 I|I 1 1 1 1 1 1 1 III 1 1 1 1 1 1 1 iiii i 1 1 1 1 1 I I I I I I I I I I I I I I I > 1 .0 I.I 1.25 Li no ^ u 2.8 3.2 IIIM 4.0 1.4 2.5 2.2 2.0 1.8 1.6 15 mm MflNUFfiCTURED TO fillM STfiNDfiRDS BY RPPLIED IMRGE, INC. \ f .. *• lit; ^ i l(|k^j^^'w^& TO X The Right Hon. the Lord Mayor, ALDERMEN, & COMMONS, OF THE CITY OF LONDOJ^, nELATIVE TO A REPORT MADE BY THE Committee for General ^urpoiSeiS RESPECTING THE High Bailiff of tJie Borough of Southwarit: BT Sir WATKIN LEWES, HIGH BAILIFF OF THE BOROUGH OF SOUTHWARK, SENIOR ALDERMAN, AND FATHER OF THE CITY OP LONDON, Fragili quaerens illidere dentem Otfeudet solitlo. Hon. Printed by James Whiting, Finsbury Place. iii7. I,\ A LETTER TO The Right Honourable the Lord Mai/or, Aldermen, and Commons of the City of London. My Lord and Gentlemen, Although it has been confessedly acknowledged by mankind, that it is by no means a pleasing, but, on the contrary, an extremely irksome and unbecoming task to be obliged at any time to speak ofone's- ^^If, yet circumstances will arise in the course of a long and eventful life, which emphatically pronounce the compliance with such a custom-folly, the avoidance of It-crime. The sequel will abundantly show whether my case comes within the line of this exception. To be called upon, now in the vale of yearSy to defend myself against malicious attacks directed against my peace, my honour, and my character, after having discharged the duties of the first Offices connected with the first City in the world, with, I am proud to say, steady zeal, un- ceasing activity, and unimpeached integrity; is a circumstance that I cannot but admit gives me no small degree of pain, chagrin, and mortification. If the passing through the office of SheritF with credit, performing the functions of Chief Magistrate with reputation, and dis- charging the paramount duty of Repre- sentative of this distinguished City, in three successive Parliaments, with the re- corded approbation of my Constituents, cannot furnish sufficient proofs upon which character may be fairly bottomed, integrity grounded, and honour established ; there is no guard against corroding malice, no shield against gnawing envy, no buckler > r \ V against the envenomed tongue of calumny ! Amidst this want of candor, of liberality, and of virtue in the world, there is a never- failing refuge left, for the victims of this description, in a self-approving conscience. This is the crucible out of which reputation must come without alloy— this is an ordeal far surpassing all sublunary tests— this is now my substantial solace, my peculiar comfort, my enviable happiness ! Having made these few prefatory observa- tions, which, I trust, will be received with that indulgence which peculiarly belongs to the Senior Alderman and Father of the City of London, I shall proceed to comment on the Report of the Committee for General Purposes, in relation to the Bailiff of the Borough of Southwark, with a firm, manly, and impartial hand. Before I enter more immediately into the discussion of this question, I feel myself irresistibly impelled to advocate a point, in 6 which the honour, the dignity, and the character of every Member of the Corpora- tion are very deeply and materially in- volved. Although I have uniformly asserted the rights and maintained the privileges of the Citizens of London— although I have de- voted my Public Life, at the expense of my Private Fortune, in branding bribery and stigmatizing corruption— although / have been, and still continue to be the most ex- traordinary victim to '' the law's delay,'' that can be found in the annals of the jurispru- dence of the country— although I have been deprived of my liberty, and robbed of my property, for an unprecedented length of time — although I am now in jail, and an attempt is made to wrest from me, through tviched and malicious motives, the only pe^ cuniary meed that has been granted to me by my fellow-citizens— although I might, for these considerations, be fully justified in withdrawing myself from the discussion of V all public questions, and retiring thoroughly disgusted from the world ; yet I feel so deep an interest in the concerns of the Cor- poration, that I cannot avoid the opportu- nity, that is now afforded me, of expressing my unqualified reprobation of a line of pro- ceeding, which has recently been adopted ; and which, I hope and trust, will never be drawn into a precedent by the Corporation of the City of London. If I know any thing of the Constitution of the Court of Common Council, it strikes me, that the principles, by which it is governed, bear as close a similitude as j^os- sible to the fundamental principles of the Commons House of Parliament. If a com- Ijlaint is made, or a charge preferred against a Member of the House of Commons, it is the invariable practice of the House, first to enquire — whether a copy of such com- plaint or charge has been furnished to the Member implicated, before it will entertain the accusation. This is a principle that 6 pervades all the Committees. It is founded in wisdom, and dictated by justice. It is a maxim so inseparably interwoven with the soundest part of the British Constitution, that it never can be departed from practi- callj/y without inflicting a wound on the vital interests of an Englishman ! Although I have felt an injury in conse- quence of this departure from sound policy, yet, if I shall be instrumental in bringing back the Select Committee for General Piirposes to a true sense of their duty, I shall feel in some degree recompensed for the wrong that I have sustained ; and the remembrance of having established this principle, in the Corporation, so truly valu- able in its constitutional results, will afford me the most gratifying sensations. I therefore most earnestly recommend the rule laid down by the House of Com- mons, to be invariably followed by the Court pf Common Council, under the like circum-» 9 stances. The policy is so palpable, that one instance will be sufficient to flash convic- tion on the mind even of the greatest sceptic on this subject. With this view I shall cite my own case, which is directly in point. In the course of the last month, I happened to hear, through a vague and circuitous medium, that my Deputy had preferred charges against me as Bailiff* of the Borough of South wark; and that the Committee for General Purposes had not only entertained such charges, but were actually proceeding to draw up a Report founded upon them, in order to submit the same to the consideration of the Court of Common Council. Thus possessed of this information, imper^ feet as it was, I became anxious to learn from an authentic source, viz. the Chair- mau of the Committee for General Purposes, the tinith of the matter, and the substance of the charges, that I might have an oppor- 10 tunity of refuting them. My application, which was made more than twice by letter^ was treated with coldness and neglect ; and when I subsequently applied to the Select Committee, through the medium of a friend, for the information T required, I received for answer, from the Chairman, that I would be duly apprized of the matter by the printed summons ! A message of this de- scription needs no comment. JSTone but itself can be its parallel! TT« re the doors were closed against me. I was shut out from all information. I was not allowed the means of defending myself This Re- j>ort, grounded upon e.^' parte statements, I found by the printed summons was subse- quently presented to the Court. Thus the accuser was permitted to prefer his charges — to support them in his own watfy uncon- fronted, uncontradicted — thus this extraor- dinary Report was submitted, with all its imperfections on its head, for the confirma- tion of the Court ! 4hh-. <'^ 11 After having experienced this treatment, and in England too, under the British Con- stitution, am I not ju^^tified in stating that I have been, in this instance, put out of the pale of the law ? I have been accused, tried, and convicted, without being present, without a knowledge of the charges, with- out being permitted to make my defence ! I have been dealt with as an outlaw ! Even the individual supposed to be guilty of one of the greatest offences the law contem- plates — High Treason — is furnished with a copy of the indictment that is preferred against him— he is placed in open court, before his accuser— there the truth, the whole truth, and nothing but the truth, is elaborately elicited— he is heard with the most religious attention in his defence— even his judges are his counsel— aiid he is not convicted by a jury of his country, unless the overt acts are proved to demonstration. Compare this man's treatment with mine ! I leave you to draw your own conclu- sion. 12 I have been led thus far into a detail of this matter, because I am convinced that the wliole circumstances need only be stated to yon, my Lord Mayor and Gentlemen, in order to draw down upon such proceedings your marked reprobation. You will not suffer a case of this monstrous and oppres- sive kind to occur again • With the high opinion that I entertain of your justice, your liberality, and your honour, I confi- dently commit the business to your hands. You will, no doubt, ground your decision on the merits. *■ With respect to tlie Report, or rather Re])orts, for there are tivo — the one dated the 10th, the other (the Second Edition) the 27th February, 1817 — which last they place first by way of order and precision Cand which did not reach me till the \Ath instant, at Jive o'cloch /* , \LJ I cannot be expected to reply to the whole of the points contained therein ; because, after having read them over hastily, I find them so over- S tif 13 charged with such a motley mixture of mat- ter, such a farrago of rubbish and stuff, so irrelevant and so disgusting, that I should be wasting your time unnecessarily, and em- ploying my own unprofitably, was I to observe upon them at any length ; besides, the Committee have happily relieved me from this dirty worh, by putting out of their consideration the whole filth of many pages, and by reducing the question to a single point. Before I enter upon this discussion, I feel I should be doing an injustice to my own character, were I to omit answering some points which have been urged against me. . , By turning to the Report bearing date the 10th February, it will be seen that the Select Committee, to whom, so long back as the 20th November, 1816, it was referred, to enquire into the difficulties alleged to Jje thrown by me in the way of Mr. Holmes' 14 15 executing the duties of Deputy Bailiff, CERTIFIED, that they directed Mr. Holmes to attend them, " and having heard hhn,'' what do they do ? Do they send to me the copy of the complaints made against me ? No. Do they send a deputation to me on the subject? No. H* they suffer me to know any thing whatever about the busi- ness ? No. Do they hear me (as they heard Mr Hohnes) in my own justification ? No. What do they do ? They direct Mr. Town Clerk to write to the Commissioners of the Court of Requeste for the Borough, and to Mr. Recorder— for what? ^1 hy, forsooth, for Mr. Holmes's character! From this course of proceeding one would be natu- rally led to imagine that Mr. Holmes was put vpon his trial, and that Mr. Town Clerk was called upon to issue his sub- pcenas in behalf of character, in order to bolster up a sort of defence, and procure for the accused a good deliverance! But what was the result of all this ? Did the labours of the Select Committee terminate here- 4 No : they further directed Mr. Town Clerk to write to Mr. Gaitskell, one of the depu- tation of the inhabitants of the Borough, ap- pointed to present an Address of Congratu- lation to His Royal Highness the Prince Regent, and to the Princess Charlotte and Prince Cobourg on their marriage, '' to " inform them of the circumstances attend- " ing his presenting the said Address with- "out the Bailiff or his Deputy-Bailiff '' being present ; and whether the same " arose from any neglect of duty on the ''part of the Deputy Bailiff!'' Here again the shaft is apparently directed against Mr Holmes; but, in fact, he may be considered as only the target, through which the envenomed dart was shot at me! ■ telum imbelle sine ictu ■ Then Mr. Gaitskell attends the Select Committee, and, after giving an account of the Meeting, ha proceeds to say, that I agreed to present the Addresses— that a time 16 was fixed to suit my convenience— that it was agreed to meet me at the London Coffee House, Ludgate Hill— that I did not attend— that he waited upon me at my lodgings, and found me not prepared to accompany the deputation— tliat I opposed the Deputy Bailiff's attending in my stead, and that they were therefore obliged to pre- sent the Address themselves. To the whole of this I briefly reply that I did agree to present the Addresses (it being term time) ; but I deny that a day was fixed by the de- putation to suit my convenience, because the fixing of the day did not rest with them, but depended upon the will of the Illustrious and Royal Personages alluded to : the con- sequence was, that a day was fixed, which happened to be a dies non; and T therefore could not attend on the occasion : with respect to my opposing the Deputy Bailiff attending in my stead, I must refer you for a specific answer to the reasons assigned in my Letter to Mr. Alderman Goodbehere,. inserted in the Second Report. i i y 17 The Select Committee next proceed to the cross-examination of Mr. Gaitskell — they usk him whether any difficulties arose during the last Election of a Member of Parliament for the Borough of South wark ? He tells them that i did not attend at the commencement of the Election — ^that Mr. Holmes attended for me—that in the course of the poll some difficulty arose as to the decision of certain votes — and that he came iai acoach and conveyed me to the Election. This statement is not correct — it does not go far enough — the whole truth is not developed, I am so confident on this point that 1 would rest the whole oi iiiv case upon it. What did Mr. Gaitskell slate to me when I H called upon me on this occa- sion ? ]>i*l fi^ not say that Mi\ Holmes was taken so ill tiuit he did not expect to Jind him alive when he returned } Did he not say that Mr IIolme«=; was in a fainfifig state, that lie was taking quantities of me- dicine, and that he was unable to proceed with the Election ? I would have put these B #1 18 questions to Mr. Gaitskell, had I been ap- prized of his appearing before the Select Ooiiifnittee. I would have put them then as I put them now, with confidence that the answers must be in the ajflrmafive, be- cause T am satisfied that Colonel Gaitskell is an honourable man, and that he is in- capable of asserting an untruth The Gen- tlemen who accompli 11 It li liini in the coach to fetch me, together with the Apothecary who attended Mr. ili>lmes, will abundantly corrobor ifp these particulars. There was the finger of Providence ! To be liable to indisposition is \\w !ui of man. TTo be oppressed with sickness, and conse^ qmnt inability to discharge any duin is what the greate^^t, the strongest, liie proud- est ifiortal iiinst submit to. Supposing for a moment, by way of argument, that Mr. llcilmes hail IteeTi the !Iiu-1i Bailiir i.m that occasion; penwif iiic to ask, ^VJiat species irf respon^bility to Parliament could pos- ^>ii have been 'attadhed to tht Corporation I i \ 1ft of London from such a contingency ? Nonb whatever! The question is so natural^ pertinent, and pregnant with sound sense, and the conclusion so satisfactory and deci- sive, that I am only astonished how any doubt could have been raised, or difficulty started \\\^\m the subject. I shall resume this point hereafter. lam now obliged to carry yon back to the consideration of the second Report, which IS dated tlie 27th of February, al- though it is placed Jirst in the document now before me. The Select roriiiiiittee 5:tate, that «^inrf they made their Report of the 10th Feb. 1817, they observed, in the Public Papers, that a meetincr was held on tht: Mtli Feb. in the Borou-ii, at wiiicli lieitlier the liaililf nor his Deputy presided. I have to return thanks; to IIh- .yeu'spapers for this circiim- stance, for I perceive this additiotml lieport 30 21 i originated with them, as appears from the following preface-^ Believe me, my Lord, it is very like a w/utlef II If tush! hear the preface. '' The Select " Coiiimittee have further rrpuried, tliat '' since they had signed the auntjed Re- '' port, they had observed in the PuMic^ '' Newspapers an account of the proceed- '' iiigs of the inhabitants of the Borough of '' Soiithwark, at a meeting held at the '' Town-Hall, in the said Bomnoh, on Fri- " day, the 14th instant (February), at which '' neither the Bailiff' nor Deputy Bailiff* "were present; they in consequence di- ^'rected Mr. John Holmes, the Deputy '• Bail I If to attend them, and he having *' been edumuied by them,'' tHU ihp story alioiii this business, which appears in the H* fioit, in his own way ; he adniitSy how- erer, Ihal he was very umieil, and incapa-- ble of entering into any altercation, or of making any exertion whatever. si • The Select Committee then appoint a Deputation, to wait upon me at my lodg- ings, oil Ludgate Hill. My Lord Mayor and Gentlemen, mark the vast ingenuous- ness of this course of proceeding ! This was t\it first official intimation I recei% ed that complaints of any description had been preferred against me. In the consideration of these accusations it will be necessary to ])ay attention to dates! they speak volumes ! The T?t ports have been transposed, for cer- tain purposes ; nay, the mottpr has been so jumbled and so congloiyierated, that it re- quires some pains to disentangle and eluci- date it. Before I proceed aii\ I in I her, I must beg leave tp introduce the Gentlemen of the Deputation to the Corporation I do not know whether thi<; wa55 theii* Jirst api>earance in such characters. The scene was rather sliorf • but ]\ must be admitted that, what little t\it\ liail to do, thev acted With eclat, Willi the exception of" tlie ^Prompter's whispers being heard twiee! this was owing to the Chairman's nul uemg .f.l ^ i perfect in his part; he had not rehearsed often eitoiii^h i lifrifle Arfors, permit: iiie to annctiiiiee you as 3^'uu uiitert'^il, \ iz- Mr. Alder man Goodbeheri:. Primus. Mr. Drputy HjtVfVARD^ (Chairman,) Secundui. Mr. C. fT. HiCKy Tertius. Attended by Mr, If1i)0DTH0RPEy Jun. a^ Froropter and Secretary. The5^e Cferifleineii liavp pii'lili^^hed a cri- ■■tiqiie upon ttieir own pertV)riii«iiire in tlieir own Keport : but T ask tkese Gentlemen, whether th,ey have rejnirted all thai did -fake place? Tliey know tliey have not, I ^ask tfic^tn, Wm it derordii^ to require me, 'Without ei\ii!,^" me anj/ prerious noiiee, to ^answer inskmter a iiuiiilier of prepared Mii'terrocratories'? I ask them whether 1 did "not say Ihi^;/"'* (fentlemeii, yon take me % '^•surprize : if you wdl put your qiiestif>ii:i ^upon paper I wil! answer tlieiii^" I also ^lake lea^'f^ toenqnire, whether I did not ask ;Blr, Woodthor|N', J'uii. tliis r|nestion, "^ Diii ** jon, Sir,; accompany the Deputation that C • *' will ted MjHiii iiie, XL hen I tvm in dufHf, '' for the pu.rpose of procuring' my sigiia- *' ture to an, nistrument, pnrportmg to dele- *' gate a power to my Pef)nty to do sucli acts '' a:^ 1 was, by virtue of my office of Hia'h *' Bailiff, warranted in performing', with cer- " tain exceptions and reservaticnisr'' And, iifHrn his answering m the negative, did I not put the same qnestion to Mr. Hick ' ^\ho j^plied in the affirmative, and unec|uivocally admitted that Hit ealiing of Meetings, and presentation of Addresses to the Thxone, &c. were expressly reserved to m.e. Th,e Gentlemen vamwt deny these faeis, but they took care to suppress tliem. Tiie Deputation still continuing to put itheir prepared questions, and to catechise me in the unhimdsome manner I have described, 1, canscious of my own recti- tude, mgenuoiisly stated that I had written to Mr. Sohjmon Davies, a very respectable .Iiihalwtant of the Borough, and a Magis- trate, to take tlie idiair, his name appeariag 34 25 M Arst to the Kequisition . Upon hearing^ this, the Gentlemen suddenly started iiom their stools, (as if the ghost of the murdered Banqno appeared!) Mr. Alderman Hood- behere exclaiming (in a perfectly theatrical style, and suiting the action to the word and the word to the action,) ' fHi that is an '' answer ! that is an answer ! '' and hurried unceremoniously out of the room, leaving me struck with astonishment at their be- haviour! My Lord Mayor and Gentlemen, I request you will mark this conduct. The Bf^puta- tion waited upon me, when theit labours were nearly closedy to interrogati irie ; they g*a\'r- ifif= iiii infimaii^Ni df' ilifir intention; but tliey iiouiict'd u|niii uh: by .surprize, in order to entrap me. is tliis to be eiichired ? Are \vi:^ living- in liie lajid trl freedom > llie Select Committee siirewcljy siispected that they could not present, ^lith any degree of graet% their llepor!^ to tlie Court, without having adopted some sltp ot this kind. (. They were aware that many very honour- able members of the Court would enquire, ilas Sir Watkin Lewes been matle ac- quainted with these chaises? Has he been called upnii to put in an answer to these accusations? and, if so, what is hi^ defence? The S< lect Committee were thoroughly con- vinced that such questions would be put; and. With the view of givincr mme sort of colour to their proceedings, they deputed the Gentlemen I have mentioned to wait upon me. Willi their de|H>rtiiiefit, upon that occasion, you are acquainted. I leave them to ghry in their conduct, and to hug them- selves at tiwiv fiineied tnitiiiph ! I come now to the discussion of the mam questiuii. It appears troni the following passage, extracted from the Heport, tljat the Select Committee have narrowed it to a single pouit. '* We therefore, setting aside all other '* emmderatmns, beg leave to call t!ie most 26 " seiious attention of this Honourable Court ♦*to the opinion of Ton nsel, stated in the « annexed letter ul JMi. Holmes." Thus ■the Select Committee have put ;n! extin- ciii^lier upon the siiboniuiaic laiitter. The t'xfiact liien mns— " As we conctive, after " the opinion so given is known to the " Court, the Corporntinii of I.-ndnn might " be iiu'flr re.tfxtusihh' hi/ PurUmiienL, for " auy ntiiiectoa t lit part (*t' tin- Bailiff, in " the execution of nny writ for the i:ieossible to refrain fr.nn laughter at this expression. If Mr. Hohnes was plarpd in a situation where iie imght be liable to commit a capital ©ffende, and f.»r the commission of which he mjirhj Im sMifenced to a capital punish- ment, ht could not have made use of a more appropriate epithet ! But what becomes ol Mr. llolirics'spm/oM* situation, when reference is had to the hm-uage of the Report jus! stated, which relieves Mr. Holmes tioiu his awful predi(,-aineiit, and removes the whole wciyht of re'!i)oiisihf!ity toflie shoulders ot the Corporation. Tht; trepidation of Mr. Holmes is truly ridi<'u- lous. Then he goes on, and .says, that, feeling the respomihdity attavhed to him, he thought proper to take the opinion of Mr Bolland, the Counsel. ■ i The veil tliat is here attempteii to |ie 28 thrown over this pretext oipei^ilous respon^ slbility, is so thin and so flimsy, iliiit the real motive present*^ itself, as it were in transparenci/, lu the iiiONt coihjuhii observer. How does the matter stand > 31 1 Holmes pretends that he is responsible; but the Select Committee say no— ////-' (':U'porrfflon are responsible. Notwithstaiiiiiiig iiii>, Mr. Holmes thinks it prudent to iakr legal ad- vice. Wliy ^ III order to tiiiil out «:ome quibbling inxttnce to remote me from my situafion. This is the real olijt c t, and the real motive. He found fhat all ihe paltry tales he trumped up a^itiiisi iii« . who ap- pointed him, who recoiiiiiMiideil iiiiiK itiid who was anxious to riKikt-' liiiii roinfortrtbV and re<;pectabk, till 1 found iiiiuat Iils dirty work, did not amount to a feather in the scale! iit* llien has reoonrse to ]en;n] subtilty, to accoinpiisli iii.s maJicKras pnr- .poses; — the circumstam e of his laying a case before Counsel sliows the quo animo by which he has t>een actuaictl. . Wl S9 In the next place he says, speaking of Mr. BoHand. that in lias answered fhaf part of the case which relates tu the Uualiiif of homns: Elections. Why he has kept tlie olhcr Paris of the case behind the cur- tain — win iu has not sutiered tiie ivhole case to see the light, can be easily mmgmedi he was aware, that, if he had, his malicious motives would be not only xmble at noon- day, but the paltry points, which he sub- mitted for opinion, would be exhibited in all their disgustiug defoiindy and mai/s-nant impotency. Icomenextto the opimoii oi'Mr. BolJaud, who says— ^^ Upon the best euii^idt ration E can g-ive to this case, Tam ofopinwntMt Mr. Ilolnies is not anthorizt'd to reeeive, execute, and return lijc precept of the Sheriff, in thenameof SirWatkin: Lewes." — "\Vhosaiciitt-w;i^iiw/^cir/:e€/i^ If the De- Imitation which 1 signed ivken I was m duress (a circumstance sufficient of itself tii render the instnniient riiili and void) delegTtted to liiiii th'dt power, it Tim^ appears, «rcoilKMg'*#i> Jlr, Boliaiiif^'^ f^i^hiiouy tlnit no mc]i power can bedepoted — not even ltii> afier-iJwuuJif 111 the* i%«*fiort,. coiH'^hed so siiiiiiiv into a fiarenthesis, viz. fexcept siteh as //// law he must earnite himself J can hen! this biiinder' lint I jisk— "'^Vho hii^ " I think, be druwo between Mr. Holmes's- ** situation and that of an UndiM* Sherift', as ^' far as regards flifiiions/' Wh> not? '•^l^^ Bolland ih inks mid the palpable in- ferenee to be drawn from his opinion is) that it i^ pos5;ib!e, with, regard tu aiher parts of dot V, sf»iiit (ifiaioid-fi may be drawn, with the exception of ihai part which relates to Eleefhms. Tf anyCieiytU-mcin vu.!! taki/ tlie trouble to rclvr to the eoneindniit^ |)arayraph of .:ilr. Boilancfs opiiiit>ii, he %ull find these ^^^av(h~'' The eonimon business of liir *' Election, attencUiiir thr hiistiii-s, uud " presiding over ike poll, Mr. Holmes 81 ^ ttajTy J think, perform with safety !" Does not this regard 'Elections? After this, what becomes of Mr. Bolland^s ana- logy? He then says—'' An Under Sheriff *' is an Officer known to the Constitution *' from the earliest times, recognized by *' various Acts of Parliament, and vested ^^ by some oftheot with particnlar jiovvers, ^' whereas the Office of Mr Holmes, I mean " that of Deputy 'Bailijf of a Borough, h ^\from prescripiion; nor is the iristariee ^f " the Deputy Bailiff for Westminster, and *' his iiiterfirence in the elections for tliat '• City, of necessity any authorit} upon the " question before me/^— Here a dibtinctioii is laki II between the office of Under Sheriff and that of l>i-'|H.rty Baibtf of a liorongh — the latter beiir^Jrotit prescription. What of this? I ask the h:^ariied Counsel, does not presrripfioii give a right f m\d does iioi right ^i\c authorit y'i—l^n.lhk^ will not allow the acts of the Deputy Bailiff for "^Vest- minsier a..iry anihority upon the question — altliougii it subbecjuenlly appear^ lluii tins 32 opinion is founded solely on hypothesis— the learned gentleman admits this by saying, ** // maj/ be (and I may allege ^vith equal uiithority, it may not he—h\\X. U t n^ attend to his own words) '' that in VVestiiiinster the office of Deputy Bailiff has ///imr worm//// ** existed, and fhaJ. Inf iisa^rf*^ his avis have " in law all the efficacy which attaches *' itself to those of his Fiinripal/' Ts not this tlie case with regard lo iIn liorough of South w ark? Has not the office of Deputy Bailiff of the Borough existed beyond the memory of any man living ? but the Gen- tleman contends that---'* the above state- " ment does not, however,, show, (hat any '' usage ea:ists in the Pm rough of South- " wark for the IKiHity IkuliA' to i^'eside ai " Elections of Burgesses.'' It iht learned Counsel's opinion is worth any thiiiu i have if decidedly in my favour on ihiH |)omt, for tie says, as I have already shil^il that— '' attending the Huntings, anci I^RKSimxn '' OVER THE Poll, Mr. liolmes, iiKi>\ i .'' think, perform with ^r(/f///r — then the 33 Gentleman says—" Nor can I discover, in *' my researches into (lie very few books " that treat iifioti the Constitution of that •' Borough, thai any such rig'ht is given by '' Charter,'' This is an extraordinary con- clusion indeed ! Because the learned Couii- sel does not, in his researches, put his hand upon the Charter conveying such a right, he logically concludes there is none! We come now to the consideration of the fmncipal |)^iii o( yii\ Uuihrid's opinion. It runs thus :--^' In the event of a Sheriff of *^ a Coitfitfi being prevented h If 'ilhiemfiom *' aiieNflijiU" at an Election of Members to ** be returned lo Purliameni, the statute of * ** Ttli and 8th of William III. seems, by the •' words it contains in the third, fourth, and ^' fifth sections, to import that, nHder such •' afflhiions, the Sheriff has by law a ])ower " to depute some person to proceed in his ''absence in ibe basiucss of ibe Election: '' but as the Act I have nauitd appliLS only *' to Sheriffs of Counties, and lean find c 34 *' no law authorizing Badiffg ofBoroHghM " to appoint Deputies, I cannot venture to " say they would be safe in so doini?." Let any man of common sense read this passage, and, after he has done so, allow me to ask him a few questions. Pray, >li Cammon Sense, (for I prefer your opinion lo the quibbling judgment of two-thirds of tlie Lawyers in ^\'^estminster nnll,) have Siie- rifFs of Counties, under the ul/ticlion of ill- ness, by law, a power to depute some persons to proceed in their absence in fhc hnxinfss of Elections? Yes. Are Bailiffs ot Bo- roughs liable to illness as well as Sheriffs of Counties ? Yes. Have Bn 11 i t?'^ of Boroi i t>hs the same power as b^ln riffs ui Counties in case of illness? I think so. If it is not so expressed, it is implied ; for if it worf other- wise, I should think the Legislatme, by framing the Act so, gave an unfair advan- tage to the Bailiffs of Boroughs over She- riffs of Counties— iy/ cikk/ nig— that Bai- liffs of Boroughs should never be ill! Have you ever heard that an Act of Par- I 35 liament could prevent illness? No— nor the College of Physicians neither ! I have done, Ml Common Sense.— Mr. Bolland may cross-examine you if he pleases . I come now to the concluding paragraph of the Counsel'^ opinion. '' In holding '' Elections, it will be right that Mr. Holmes *V should, for his own security, take care '' that Sir Watkin Lewes shall himself do ** all acts wliicii the law requires lam to do ** [this accounts for the parenthesis in the '' Report] as to the receipt of the Precept, '' the o|H iiiiig and closing the Poll, and '' making the Return. The common busi^ " ness of the Election, attending the Hus- " tings, aiid presiding otef the P0II5 Mr. '' Holmes may, i thifik, perform with " safety. (Signed) '' W. Bolland, ''bth December, 1816.*' Accordnig to this, if it should happen, at the time, that I was labouring under an as exeniciating fit of the gout, or any other malady, of however painful ami dansrerous a kind, I must cry out, Presio! begone— the law requires the immediate re^f oration of my health— in order thai 1 may preside at the Election of Members to be returned to Parliament for the Borough ofSoothwark, Here Mr. Common Seikse coiiics again, and exclaims — " Fudge ! nonsense ! absurdity I'*' BiiK to speak seriously, I do not think, Mr, Holland, >oii use your client, Mr- Holmes, very ceremoniously, wlieii \oii give your opinion that Tie may do the com-- man drudgery of the Elec:tioii nAth sajetif! I have now. My Lord' and Cientlemen, laid before you the irkole of //i/.f opinion^ copied verbatim et Uieraiim troiii the printed lieport; you will jHress- '' ing for an early day, I signed the High ''Bailie's name to the Bfquisitionr— Mark this behaviour ! observe the auda- eiotis sophistry of this Gentleman ! I ask Mm, My Lord Mayor, or any Member of till Corporation, this question— Whether, if you had a Bill payable al .No. IT, Lud- .^a!i Hill, you would go to flit London Coffee House, or to the Sessions Iloii^e, in theOl i l^^ailey, to present the same foi pay- siH lit? and wlicther, if you did not find the par!} at either of fliosr places, you would go awmj safisfird, infhoui applyuig at the fiefital residence designadd? Ts not this the most barefaced impudence ? Then again lie tells you, thut lu' signed my name io the JiffpilsUion! Monstrous audacity !!! But because 1 took the opportunity of express- ing my honest indignation it this uiiwcii- lantable liberty, and because I requested Mr. Corner to move an adjournment of that Meeting, which was illegally convened, I have incurred the incurable ranco 1 1 1 a m I 1 1 1- satiable malice of my Deputy ever si me. I will prove this to demonstration, llie Meeting alluded to took place on fhf (Uh of JunCy 1816, and on the 14:th of the saine month feight days after J, and same year, M i\ i lolmes demands perempioriiy the pay- ment of his Bonds ! — although he previously attended a meeting of my creditors, and agreed to wait, till I obtained the restoration of my estates, and large sums of money th^l are due to me. Hurried on by an impla» cable nature, he proceeded afterwards against me in the Mayor's Court, and sub- sequently lodged a Detainer aizaiiist me. iS7i///i/(%4 iike, he will have notimm' IhiI his Mo ad! ui' my ruin! Circumstances liavini!' originatiMl aiiotlier Bt (jiii?^iiiuii, I convened a Meeting on ike ink of October, 1816, and, feeling aland- able anger at the treatment f expprienrf d, I wrote to the Gentlemen coiiiiiosiug ilic 44 45 Meeting, and requested them to elect their own Chairman But before tlii^ 1( tter was It ad, Ml Holmes had the imiHuituce to takt possession of the Cliair! Jii conse- quence of this exercise of a discretion vested ill ine, by authority of iti> Oliice, Mr. Holmes, not content uith li;i\mg perse- r iiti il me as much as he could before, imme- diately proceeded to iintii cuiii plaints afxitiust lue; the consequt-nct' ofwiiicli was, that it was referred to th< Select Committee Thrive already mentioned, tj» t'iir|iiire into Ike iialnri;^ of the couiplaiiits, ihhI to report tliereon. This rrference took iilaee en the 2(Uii Xorember, IHIii. Alter the Coiu- iiiittee were possessed of all tlial was then alleged against me, Mr lloluios found that some other expedient nuii !>♦ rrsf.riid to, ill onlertu enable the Coiuiiiittt-'f to draw vp something in the shape of a Heporf. he ccmseqnently ran to Mr. Boll am! for au r>| )i 11 1 i >ii , which is dated on the bik Beeem beii\ 1816 ! . 1 My Lord and Gentlemen, time dates are asgofitl a> mffe-^fanes— they assist iis won- derfully in exploring uur way to a saiisfae- twy end. On the 22d of January, 1817» Mr. lii^mes: lays before the Select Com- mittee a list oi iiis grievances, together with this foroiidabie Opinion of Counsel 1 With the Reports of the Seh 1 1 Com- mittee, hearing date iht iOik and 27//i of Fehrumy, you areperfectly well acquainted, I sliaJl thf-fffore not trouble yoii witli an observation upon tJieiu , but 1 am, of neces- sity, constrained to call your particular nU tentioii III the motives which induced Mr. Holmes to take llie opinion of Counsel—//^/? is the gist of the action. The Election of M i B trclay fooh plaeeinthemiddleof l%lb. and 31 r. Holmes>av/o«^ jit did noi sene liim fill the bth of December, 18101 Mow is this pj'fraordinarii deidi/ to be accounted for> I'lie contingency (the deaih of Mr. Thornton) which occasioned llie Eitetiou oi Mi\ Barclay, was liable to happen eve?} t ^ 46 47 hanr '.—therefore, from the moment of that Gentleman's Election, the awful responsi- hility of Mr. Holmes, from which he de- pends upon the candour and judg^ment of the Select Committee to extricate him, roTTimenced ! If he had no regard, at that time, for his own concerns, he ought at least to have evinced some little regard for the interests of the Corporation of London, by informing them of their responsibility to Parliament, and by acquainting them that the rights of the City were endangered Ul Need I dwell one moment longer upon this subject ? I think not ; tlie malicious motives of the man are so obvious, that it would be a w ilful waste of your timti to detain you longer on this point. With respect to the jnain question, I am of opinion, that it can be very easily decided- Tf, after what I have stated ifHii the sub- ject, and concerning which I do not enter- tain a shadow of doubt, you should think differently, the remedy is at hand— let an application be made to Parliament to amend the Act, so as to give the same power to the Bailiti of the Borough of Southwark that the Statute of 7th and 8th of William III. gives to the Sheriffs of Counties, with regard to the Election of Members to be returned to Parliament, and the business is accomplished. I am just now told that certain persons are already canvassing for my situation. 1 am not by any means surprised at this in- telligence ; — IliT^ MPniiliii ( f\C on my pil- low, waiting your determination, with more composure, and a clearer conscience, than all my enemies. I have the honour to re- main^ My Lord and Gentlemen, With the most profound respect. Your most obedient and very humble Servant, WATKIN LEWES. 47) Ludffm$ Hilly 20th Marchy 1817. \. v It i