through this long and unparalleled Election, permit me to offer my unfeigned thanks to thofe Gentlemen who have honoured me with their fuffrages, and to affure them that nothing will obliterate the warmth of gratitude I feel for the many favours conferred on me; at the fame time they may reft affured, that it will be my greatest pride to support their rights both in and out of Parliament. I am, Gentleman, Dover-street, May 17, 1784. With the greatest respect, Your moft obliged and obedient humble fervant, HOOD. ADVERTISEMENT. To the Free and Independent Electors of the City and Liberties of Westminster. Gentlemen, Words cannot exprefs the fenfe I entertain of the many obligations I am under to those who have so zealously ftood forth the champions of the dearest rights of English men. I can with the greatest confidence affert, that when the bufinefs of this Election shall be fully investigated by a Scrutiny, your fuffrages will be found to have feated me in conjunction with my worthy colleague, Lord Hood, the legal Representative of this great and refpectable city. I am, Gentlemen, With the greatest respect, Your obliged and obedient humble fervant, ADVERTISEMENT. Wood's Hotel, Covent Garden. A Monthly Meeting of the Independent Electors of the City and and Liberty of Westminster, in the intereft of Lord Hood and Sir Cecil Wray, Bart. will be held this day, (May 20,) at feven o'clock in the evening, at Wood's Hotel, Covent Garden. Lord HOOD and Sir Cecil WRAY, in the Chair. ADVERTISEMENT. Wood's Hotel, May 18, 1784. Yesterday at three o'clock, on the proclamation being finally read for clofing the poll, and there not appearing any Electors to give their votes for either of the Candidates, the High Bailiff was about to put an end to the Election, by declaring the numbers, when Sir Cecil Wray addreffed him in the following terms: SIR, "Being perfectly convinced that in the courfe of this Election many illegal votes have "been adinitted, I do demand a ferutiny. "If, Sir, it fhall appear from a fair inveftigation of the votes, that a majority of "legal Electors have polled for Mr. Fox, I fhall be very happy that this city will be "reprefented by the man of their choice; if, on the contrary, that a majority fhall be in my favour, I fhall demand the right given me by the city of Westminster: In confequence of this requifition, the feveral Candidates, accompanied by their refpective counfel and friends, adjourned from the Huftings to the Veftry-room, where Mr. Fox opened the bufinefs, by ftating the extreme impropriety there would be in the High Bailiff granting a fcrutiny, as he was a minifterial, and not a judicial officer; in which capacity he could only be bound to make his return conformable to the oftenfible ftate of the poll. Independent of this fituation, even the preffing exigency of the occafion required, that an immediate return fhould be made, for the date of the precept was within a day of expiring. In addition to this argument, founded on the profeffional character of the High Bailiff, Mr. Fox fhewed himself learned in the law, by adducing feveral ftatutes, which pointed out the duty of the Returning Officer in controverfial cafes. These ftatutes, Mr. Fox contended, applied fo precifely to the bufinefs of the day, as not to be evaded by any force of reafoning. But the Right Honourable Candidate further contended, that there were penal ftatutes which reftricted the High Bailiff from granting a ferutiny in circumftances like the prefent; the mulet inflicted by thofe ftatutes was confiderable; and befides the fine, in the Coventry cafe, where the High Bailiff being called before the House of Commons, for. not making a return within the specified time, he received a very fevere reprimand. There were other cafes in which the High Bailiff had been fent to Newgate; and Mr. Fox very decently obferved, "that he hoped a fimilar fate would attend the High Bailiff, "fhould he not difcharge his duty in the prefent cafe, by returning him to Parliament." Befides thefe intimidations, Mr. Fox defcanted on the nature and operation of actions at -law; he fhewed in how many cafes they had been inftituted against a returning officer; and that the damages recovered had amounted to ten thousand pounds; a friendly hint was at the fame time given, that the High Bailiff might have every reafon to ap prehend the commencement and profecution of actions of this nature. Mr. Fox having thus by every terrific argument in the power of his eloquence, endeavoured to perfuade the High Bailiff not to grant a fcrutiny, Mr. Recorder Adair, exchanging the feat of juftice for the bar of pleading, went over the fame ground that Mr. Fox had done, and feemed to leave as faint an impreffion on the minds of the auditors. Mr. Fowler Walker then combated every argument of Mr. Fox, which bore the leaft relation to legal knowledge; and he more particularly demonftrated, that the High Bailiff was not merely a ministerial officer, because he was fworn to make fuch a return to Parliament as his judgment fhould direct, the exercise therefore of his judgment conftituted him to all intents and purposes a judicial officer; and as fuch, granting a ferutiny agreeable to the requifition, was a matter to which he was perfectly competent. S Mr. Mr. Fox made a reply to Mr. Walker, adducing the cafes of Buckinghamshire and Bedfordshire, in which counties the High Sheriff had refufed the demand of a ferutiny. The cafe of Middlesex he chofe to forget, for that would not have been in point. Mr. Fox by this time lofing that temper and moderation, which are conftituent parts of oratory, and for which his friends fo exceedingly admired him, concluded by abufing the High Bailiff, for his improper behaviour, alledging, that his conduct on the prefent occafion had been infamously corrupt and partial. Mr. Morgan entered on the business with that confidence, which always actuates an honeft man in a good caufe. He faid, there could be no more doubt of the propriety of granting a fcrutiny, than there was of the neceffity of demanding it. Illegal votes had been polled in great numbers at the prefent Election. Thofe votes had been procured by the most illegal and corrupt means; and to argue, that the High Bailiff was not competent to give the injured Candidate an opportunity of redrefs, was as abfurd as it was contemptible, to threaten him with pains and penalties for discharging his duty. The arguments being concluded, the High Bailiff, with decided firmnefs, declared, "That he had made up his. mind; that he was neither to be intimidated or brow"beaten; threats he defpifed; for having always acted confcientiously and impartially, "he courted no other favour than that which his conduct merited; and he held every "menace in contempt of which his heart informed him he was undeferving. "Having fully confidered the matter, he faid, he would grant a fcrutiny; expreffing a wifh, that preliminaries might be adjusted by the Candidates for carrying it on.” Mr. Fox faid, he would not agree to any preliminaries, nor would he be at any expence to carry on the crutiny. The High Bailiff defired to know if that was his final determination? and being anfwered in the affirmative, the commencement of the fcrutiny was fixed for Friday the 28th inftant, in the Veftry-room of St. Ann's, Soho. The High Bailiff concluded, "That Mr. Fox was at perfect liberty to call for his attendance before the House of "Commons when and in what manner he pleased." Thus ended a business of infinite importance to the Electors of Westminfter; and it is not the exaggeration of party-fpirit to fay, that it ended as much to the difappointment of Mr. Fox, as to the entire fatisfaction of Sir Cecil Wray and his friends. Mr. Fox made a reply to Mr. Walker, adducing the cafes of Buckinghamshire and Bedfordshire, in which counties the High Sheriff had refused the demand of a ferutiny. The cafe of Middlesex he chofe to forget, for that would not have been in point. Mr. Fox by this time lofing that temper and moderation, which are conftituent parts of oratory, and for which his friends fo exceedingly admired him, concluded by abufing the High Bailiff, for his improper behaviour, alledging, that his conduct on the prefent occafion had been infamously corrupt and partial. Mr. Morgan entered on the business with that confidence, which always actuates an honest man in a good caufe. He faid, there could be no more doubt of the propriety of granting a fcrutiny, than there was of the neceffity of demanding it. Illegal votes had been polled in great numbers at the prefent Election. Thofe votes had been procured by the most illegal and corrupt means; and to argue, that the High Bailiff was not competent to give the injured Candidate an opportunity of redrefs, was as abfurd as it was contemptible, to threaten him with pains and penalties for difcharging his duty. The arguments being concluded, the High Bailiff, with decided firmnefs, declared, "That he had made up his. mind; that he was neither to be intimidated or brow"beaten; threats he defpifed; for having always acted confcientiously and impartially, "he courted no other favour than that which his conduct merited; and he held every "menace in contempt of which his heart informed him he was undeferving. Having fully confidered the matter, he faid, he would grant a fcrutiny; expreffing a wifh, that preliminaries might be adjusted by the Candidates for carrying it on." Mr. Fox faid, he would not agree to any preliminaries, nor would be be at any expence to carry on the fcrutiny. The High Bailiff defired to know if that was his final determination? and being anfwered in the affirmative, the commencement of the fcrutiny was fixed for Friday the 28th inftant, in the Veftry-room of St. Ann's, Soho. The High Bailiff concluded, "That Mr. Fox was at perfect liberty to call for his attendance before the House of "Commons when and in what manner he pleased." Thus ended a bufiefs of infinite importance to the Electors of Westminster; and it is not the exaggeration of party-fpirit to fay, that it ended as much to the difap pointment of Mr. Fox, as to the entire fatisfaction of Sir Cecil Wray and his friends. |