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ift. That the fcrutineers on each fide, fhall on Friday the 23d inft. at 12 o'clock at noon, exchange with each other, a lift of the votes objected to, arranging them in companys.

Anfwer to the First Propofal.

The act of parliament not having directed an exchange of lifts of objectionable votes, on this occation, and Mr. Sawbridge's fcrutineers not feeing any ufe or convenience to arife trom fuch exchange, they do not agree to this propofai.

2. That the fcrutiny be proceeded up on by company, in alphabetical order, Mr. Atkinton and Mr. Sawbridge proceeding against one vote on each fide alternately, and afterwards, if either party has more objections in that company, the fame is to be gone through, before another company is proceeded upon.

Answer to the 2d propofa!.

Agreed Referving to the fcrutineers on each fide the power of objecting to votes (not determined) in any company, and fuch objections to be heard and determined after all the other companies are gone through.

3d. That either party may object to other voters upon the poll, beyond the objections to be exchanged the 23d inft. giving two days notice, at least, to the oppofite party; but theie latter objections hall not be proceeded upon, till the lift objections to be exchanged on the 23d inft. fhall be difpofed of.

Anfwer to the 3d propofal.

The firft propofal not veing acceded to, renders this unneceffary.

4th, That the Sheriffs be requested to declare their decifion on each vote, as the cafes are heard.

Anfwer to the 4th propofal.
Agreed.

5th. That the Sheriffs he defired to determine whether the parties objecting, fhall leave notice in writing or not, at the place of abode of each perfon whofe vote fhall be objected to.

Anfwer to the 5th propofal.

This propofal is not acceded to, from the law not requiring fuch notice to be delivered, and from the total impractica bility of fo doing.

6th. As Mr. Atkinfon wishes to avoid every unneceffary expence or delay, he has no defire to be heard by council; but if council fhould be admitted on the other fide, it will be neceffary for him to be prepared; and therefore he wishes the

theriffs to determine, whether they will be attended by council on the part of the candidates or not.

Anfwer to the 6th propofal.

Mr. Sawbridge's feruineers are not at prefent able to determine whether the affittance of council will be necessary, but if they should find it fo, they will give Mr. Átkinton's fcrutineers one day's notice of their intention, and they expect the like conduct from Mr. Atkinton's fcrutineers.

On Mouday the 26th of April. The the Sheriffs, the contending Canditates, their Scrutineers, &c. met, by adjourn ment in the new Council Room at Guildhall. After the ufual ceremonies, the first bufinets entered upon, was a queftion whether Counsel should be admitted to plead. Mr. Atkinson's Scrutineers contended that council were unnecessary tending to create delays, and that Mr. Saw bridge had not given fufficient fiotice, &c. The Scrutinees of Mr. Sawbridge, on the contrary urged the importance of the caufe, that the rights of a number of citizens were deeply involved, and that if ever counfel were neceffary in any caufe, it must be in this. Many very able arguments were used on both fides. Mr. Sawbridge in perfon demanding it as a common right, and the Sheriffs differing in opinion, Sir Barnard against, and Mr. Sheriff Skinner for their admiffion; the Sheriffs, and Mr. Cooper (a King's Counfel who attends to affitt them) withdrew into another room to settle that leading point. In about three quarters of an hour they returned, and gave their determination to admit Counsel, but they were not to plead on that day as Mr. Atkinfon was not provided. A new queftion was then started, that as Counsel were to be allowed, why should they not be first day, on which perhaps the fate of the election depended? After a profufion of ufelefs argument, the Sheriffs ftrictly en forced their first determination. An objection was then started by Mr. Brewer to the whole of the fcrutiny, upon the ground that the Act of Parliament pofitively directs that the fcrutiny fhall begin within ten days after the delivery of the books, and the Sheriffs having delivered the books on the 15th inftant and this beingthe 26th, was confequently one day beyond the time allowed by law; the Scrutiny therefore could not legally proceed. Another important confultation then, took place, when the Sheriffs in conjunc."

tion with Mr. Cooper, over-ruled the objection, and directed the Scrutiny to proceed.

The bufinefs accordingly commenced and the refult for that day was, one bad vote for Mr. Atkinson, and one bad and one good vote for Mr. Sawbridge.

Tuesday the 27th, at 11 o'clck the bufinefs was opened by Sir Barnard Turner with a new and very important propofal, to make a conftruction of the legel meaning of the act of George I. refpecting the number of days to be allowed for carrying on the bufinefs. The act directs that the fcrutiny fhall commence, continue, and conclude, in the fpace of fifteen days. Sir Barnard therefore propofed to the candidates to agree whether they hould be taken as fifteen working days, or fifteen calendar days? Mr. Atkinfon was for the working days, and Sir Barnard feemed to coincide in opinion. Mr. Sawbridge wholly relied on the Sheriffs, and declared, that either of the interpretations of the act was perfectly agreeable to him. The Sheriffs and Counsellor Cooper confulted for fomne time, when Sir Barnard Turner declared it a matter of fo much confequence, that he would take the Recorder's opinion.

Several interefting particulars appeared in this day's fcrutiny. The counfel, for Mr. Sawbridge proceeded with a Joiner; polled twice; Mr. Atkinfon himfelf made a noft able defence, firft that the voter abfolutely believed that he had a right to poll for four members, although it might be at different periods; and fecondly produced an authority (Douglas on elections) that in fome in ftances, that right was not altogether illegal. After the Sheriffs had held a confultation, they declared the firft vote doubtful, the laft bad-Mr. Atkinson in turn produced a Cooper, admitted to the livery the first of April 1783, and polled the third of April 1784, upon an election that commenced the 30th of March 1784; Mr. Douglas contended, that where the Jiberty of the fubject is restrained an act of Parliament, and a doubt arifes as to the construction, that the moft liberal conftruction was always adopted. He quoted a variety of cafes, particularly the famous Bristol election, where the candidate food, after the poll had proceeded fome days. Mr. Atkinfon made an able reply and fuck closely to the words of the act. After quoting Mildmay on elections, the Sheriffs declared the vote bad. Mr.

Garrow, Mr. Sawbridge's other Counfe! brought forward a Wire-drawer-polled twice-bad. In return, Mr. Atkinfon produced a Dyer, admitted according to the Clerk's lift, April 2, 1783. A verie ty of new arguments were now adduced, particularly that the palpable mistakes, already discovered in the Clerks lift rendered them not even prima facie evid ence. The Sheriffs threw the talk of refuting the last upon Mr. Sawbidge. That could not be done-vote bad.

Mr. Douglas then stated a matter of the higheft importance; a Gunsmith had received back a part of his Livery fine, in this peculiar way; The original grant of the Livery by the Court of Aldermen to the Company was for a certain fum; the Court of Affiftants, in order to keep up their Company, by their own authority, either returned, or excufed 51. of that fum under the idea of buying a Livery gownthis fum the voter in queftion had obtained. This ftruck at the whole Livery of that Company. Mr. Fisher, the clerk prayed, on behalf of the Company, to be heard by Counfel in fupport of that rights; after consultation,—postponed

The refult of this day was, five bad for Mr. Atkinson and three bad for Mr. Sawbridge.

In the third day's fcrutiny the following interesting circumftance occurred. A Musician, not in the Company's lift, appeared, and averred, that he had paid his Livery fine fo long fince as 1756, to the Clerk of the Company; that twenty years afterwards he was fummoned to take up his livery, upon which he found that the former Clerk had embezzelled the the money, and never placed it to the Company's account, and had omitted to infert his name in the books; to prove this extraordinary fact, he faid he had in the interim voted several times, believing himself to be a Liveryman; that in the great conteft between Wilkes and Hopkins, he had voted, and Mr. Hopkins had ftruck at his vote, but that he then fatisfied the parties; that there was a perfon who faw him pay the money, but that perfon was dead a few years fince, and that other men of that Company were in the fame predicament, and were regularly admitted, which he might likewife have been, if he had chofen to pay the Steward's fine. All thefe circumstances were ftrongly enforced by the Counsel, but on the other hand, Mr. Sawbridge's Counfel produced a minute from the Company's

books,

books, that the man who had attended and made his claim, had produced no other proof of Livery than the copy of his Freedom. It was further obferved, that when his vote was laft difputed, the perfon who he averred faw the money paid, was then living, why was he not then produced. The prefent Clerk likewife aflerted, that all the other perfons admitted to their Livery under fimilar circumstances, had produced receipts of their having paid the money to the former Clerk, but the prefent perfon had not prodced fuch document. The vote was declared Bad.

A queftion new appeared of the highest confequence to the rights of election, and ought to imprefs the minds of every elector in the kingdom with a due fenfe of the neceffity of precifion in giving their fuffrages. A Glover by Company, but an Innholder by trade had polled as an Innholder, and not as a Glover. The man on all hands was allowed to be a Liveryman, and his identity and place of abode were fufficiently authenticated.-The queftions were, can we alter the original poll book, and does not the mistake prove fatal to his vote? thefe were enquiries of the highest magnitude, and engaged the deepest attention of Gentlemen of the Robe. Against the vote, Mr. Garrow contended that it was impoffible to alter the record, as well might the Sheriffs alter the names of the Candidates that he polled for, and the end of that would be to deftroy at once the right of Election. In anfwer, it was urged, that the books had actually been corrected in several inftances, that the Clerks lift had been corrected;

that in fact, to tie down this man to an Innholder, would be to defert justice, and ftrip him of his elective right..

To this Mr. Douglas replied, that there was a wide difference between a. correction of names fimilar in found, only differing in letters; that under this colour a man might vote twice with impunity.. first under a fictitious Company, then under his real Company.The voter himfelf was examined, and he afferted that he voted as a Glover, and for only three Candidates; the Poll Clerk as pofitively afferted that he voted as an Innholder, and for four Candidates. After, very mature deliberation, it being utterly new cafe, the Sheriffs by their Counfel declared they could not upon the evidence before them alter the poll book, that the objection was fatal, and the vote bad.

Mr. Atkinfon loft this day three votes more than Mr. Sawbridge, fo that at prefent Mr. Sawbridge's majority is eleven.

At the final clofe of the poll for Middlefex the numbers were,

ed,

Mr. Manwaring
Mr. Wilkes
Mr. Byng

2118

1825

1751

Mr. Byng has demanded a scrutiny.

The Westminster poll is not yet finishon the 28th the numbers were

Chatres, now in England.

it is not part of his Highness's character he contrived to convince the King that his Majefty's will fhould be a law to him; he entreated his Majefty, however, to confider, that having already entered into engagements with the Duke of Queenfbury and other English noblemen, to attend in perion at the enfuing (the prefent) meeting at New market, in order to have determined fanie very confiderable betts depending between him and them, his abfence, and the confequent non-perfor mance of his promifes night be thought to proceed not from a deference to his Majefty's command; but from a backwardnefs to perform his engagements; he therefore befought the King not to lay

any

promifing intereft. The holders, in want of ready money, were obliged to allow a difcount from 16 to 20 per cent. to raife it on thofe bills, which lofs was one caufe of feveral capital failures. From this it may be fairly inferred, that French credit and French paper are not likely to be on a par with English, in America.

It has been afked, what has become of all the money we have fent, during the war, to America? Very little money was officially fent to America after the first year or two of the war; during that period, those who had the contract for fupply ing the army with gold, fent out a great quantity of Portugal coin; but finding the charge of infurance and freight leffen the value of the contract, it was contrived to fupply the army without fending more fpecie than was just requifite to give the contractor's agents the command of the exchange, which was done by fending fmall quantities occafionally: thofe agents, in different parts of America, drew upon the contractors in favour of fuch perfons as had occafion to make remittances to England; fo that, in fact, our army on the other fide of the Atlantic, was paid and fupported by our manufactures inftead of money, which, in fome measure, may account for the apparent eafe with which fuch expenfive operations were carried on, and for the little fpecie that feems to be in circulation, where fo much expence has beeen incurred but of the money which went, fome is come back; a confiderable part was the circulating cash within our lines. Many British subjects in New York had very large fums in their poffeffion; but the emigrants from thence to Nova Scotia carried a very confiderable fum with them. The Dutch and Germans, whofe number is not inconfiderable, have hoarded up; and it is believed, confiderable fums are concealed. Part went into the country for provifions; much provifions could not be brought in clandeftinely, and the greatest part of the money came back to New York, &c. to purchafe British goods, or to purchase bills of exchange, which were fent in payment to Europe and the Weft Indies. The cash or fpecie of the American States, previous to the Non-importation Act, which took place in 1775, is computed to have been between two and three millions. They received no fpecie from France or the Havannah, or other foreign parts, until late in the year 1780; and it may be prefumed, that, in the mean time, the various VOL. VI. April 1784.

:

and continual drains must have exhausted the States of more than half of the above-mentioned fpecie. In 1780, very few of the wealthieft merchants in the revolted provinces were poffeffed of one hundred pounds fterling in fpecie, or could raife it. From 1780 to the clofe of the war, there was an importation of money from the Havannah in small quantities, and in larger from France; yet it is by no means probable, that the fpecie imported in this period, equalled what had been previously exported from 1775 to 1780; but as paper credit in 1780 and 1791 was entirely deftroyed, fpecie became the only medium of circulation; and this rendering what little commerce there was, more certain, induced thofe few, who had hitherto concealed their money, to bring it forward into circulation; and the country, having for near five years, feen nothing in the markets and commerce, but paper, was furprifed to find every man with fpecie in his hand, and thence haftily inferred, that the quantity had by fome means been greatly increafed; whereas, the moft probable cftimate, and the most favourable for the country, is, that the preceding deficiencies were replaced by the fpecic from France and the Havannah. The clofe of the war fhut up those two refources; fince which, large fums have been fent, and are daily arriving in Europe from America, from the want of other articles to make remittances with, and no refource is left the Americans at this time for fpecie. Money to a confiderable amount came alfo to New York, to purchase British manufactures or bills of exchange from Philadelphia, gained by an advantageous trade to the Havannah. And much money went from Philadelphia, and other parts of the American States, to St. Euftatia, before it was taken, to purchase our manufactures from the Dutch, fo that it is not probable much specie will remain in America in confequence of the war, but that fhe will have confiderably lefs than fhe had before the war. Her exports were prodigiously diminished, and sometimes almoft ceafed. The greater part of the goods fent from Britain was paid for in ready money. After the idea of starving our people was over, the Americans would have gotten all our money, and would have fhewn themselves better politicians, if they had fuffered provifions to go publicly into New York; it would have enabled them to carry on the war. Li

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