HC Deb 19 August 1831 vol 6 cc294-7

On the Motion of Sir George Clerk, the Mayor of the borough of Great Grimsby was called to the Bar.

In answer to questions from Mr. Speaker, he stated, that his name was John Moody; that he was Mayor of the borough of Great Grimsby; that he was the Returning Officer of that borough; that he had received the precept from the High Sheriff of Lincolnshire on Friday, the 5th of August; that he did give a receipt for that precept; that he made proclamation for the election on the Saturday following; that the election took place on the 10th of August; that it concluded at eight or nine o'clock of the same evening; that the indenture of the election was completed on the same evening; that he handed over the precept fto the Town Clerk, to convey it, according to the usual practice, to the High Sheriff of Lincolnshire; that he did not recollect having received any directions at the time when he received the precept, that he was to return it as soon as the election was over; that he thought it was merely necessary to acknowledge the receipt of the precept, which he had done by post; that he did not know of written directions, desiring the precept to be returned as soon as the election was over, being always forwarded with the precept itself; and that he knew nothing further of it after it was put into the hands of the Town Clerk.

Did you not inquire whether it was delivered to the Sheriff?—No. I took it for granted that the Town Clerk would do all that was requisite.

What did you imagine that he would do?—I thought, that he would do what was requisite, and it was his duty to advise the Mayor if there was any error in the proceeding.

What was his name?—George Burke.

Where does he live?—At Great Grimsby.

Do you know where he is now?—He was at Great Grimsby when I left yesterday morning.

Have you had any communication with the Town Clerk respecting the delay?—Yes. I took the messenger with me to the Town Clerk's house, to inquire from him what was the reason of the messenger being sent down to me with this notice.

What did he say?—That he believed it was in consequence of the indenture not being returned to the Sheriff in due time.

Did the Town Clerk take part with either of the candidates as their agent?—I do not know.

Did he vote for either of them?—Yes, I believe he did.

For which party?—For the Blue party.

Did the Town Clerk assign any reason for the delay?—Yes; he said it had been occasioned by the pressure of business in his office, arising during his attendance upon the Committee of this House on the former election; he said, that he put the indenture into the drawer and forgot it.

Did he state what brought it to his memory that he had locked up the indenture an a drawer?—I do not know.

Do you know whether the Town Clerk was concerned as an agent for either party before the Election Committee in this House?—I do not know.

Was he before the Committee?—He was in town to attend it for three weeks.

Do you know whether the Town clerk was the agent for Lord Yarborough?—I do not know whether he was an agent for him. He was a voter; he voted for the Blue interest.

Have you the letter or instruction which accompanied the precept from the Under; Sheriff?—It was a letter directing that a receipt should be returned, acknowledging that the precept had been received. I sent it accordingly. I have not that letter with me.

Do you remember the question, whether he was the Agent for either party, being put?—It was put.

Do you remember the answer?—I thought he said that his services were gratis.

The Mayor was ordered to withdraw.

Sir George Clerk

said, that no great blame now seemed to attach personally to the Mayor. It appeared, that he had done what he believed to be regular, and had not wilfully offended in any manner against that House. Still, however, he was not altogether free from blame for having rested the whole of his duty upon another person, without inquiry whether he was doing right or wrong. He had been guilty of some negligence in not inquiring whether the indenture had been regularly transmitted to the High Sheriff. Under these circumstances, he was unwilling, that the conduct of the Mayor should be visited with any severe notice, but he proposed that the Mayor should, as returning officer of the borough, be admonished as to the negligence of which he had been guilty. After the admonition had been given, he should certainly feel it his duty to go further, and to require the attendance of the Town Clerk.

Sir Thomas Fremantle

said, it would be better to wait until the Town Clerk was in attendance, before any further steps were taken.

Colonel Davies was of the same opinion.

Mr. Tennyson

trusted, that the hon. Baronet would not persist in the view he had taken of the conduct of the returning officer. There was no blame to be attached to the returning officer, except that he committed the mistake of not making the return himself, instead of intrusting the duty of making it to the Town Clerk. The Mayor had but pursued the same course which was generally pursued by all the returning officers in all the boroughs of the kingdom. He did therefore entreat the hon. Baronet to pause before he moved, that the Mayor should receive an admonition from the Chair for his conduct. The hon. Baronet must be aware that an admonition from the Chair of that House always carried a stigma with it. Now, he was convinced that the returning officer was utterly incapable of acting unfairly, and he should therefore wish that no stigma should be cast upon him by an admonition from that House.

Mr. C. W. Wynn

thought, that the House ought to look with the utmost jealousy on cases of this kind; and he should therefore support the motion, that the Speaker do admonish the returning officer. He did not mean, that that admonition, should be particularly severe; and the Speaker would probably think that, under the circumstances of the case, much severity was not required—but still something was necessary, as the returning officer was the person to whom the House had to look. He should also support the motion for the attendance of the Town Clerk. It was desirable that some admonition should be given for the negligence of which the returning officer had been guilty, and he should propose, that that person be ordered to attend the House for that purpose on Tuesday next.

Lord Althorp

thought it was desirable, that the Town Clerk should attend that House, and that the Mayor should remain in town till that day.

Mr. Croker

fully agreed with the noble Lord, and also thought, with his right hon. friend, that the Mayor ought to be admonished, for he ought not to have devolved the performance of his duty upon the Town Clerk, or on any other person. He did not mean to say, that the admonition ought to be a severe one; but some admonition certainly ought to be given.

Ordered that the Mayor and Town Clerk attend that House on Tuesday next.