"Gentlemen of the Livery, "Before we proceed to any other business, I believe you will all agree with me, that there is a tribute of gratitude we ought to pay to our late worthy chamberlain, Sir Stephen Theodore Janssen, who, with great ability and integrity, has filled that important office upwards of eleven years. His whole life, indeed, has been a continued series of real and essential services to this city and country. On some of the most critical occasions in our times, he has exerted himself with equal zeal and success in the public cause. His conduct, gentlemen, would be a most pleasing subject to enlarge upon; but it is well known, and needs not the aid of my feeble endeavours. His very superior merit is universally acknowledged. He has formerly been highly approved as your representative in parliament, as alderman, sheriff, and mayor. He has now closed the scene as your chamberlain, in the most distinguished manner, and retires from public life fuller of honours than of years. The heart of every liveryman of London, I am sure, will go along with me in the motion, which I now beg leave to submit to you. "Resolved, That the thanks of the common hall be given to Sir Stephen Theodore Janssen, bart. late chamberlain of this city, for his various and important services, as representative of this city in parliament, as alderman, sheriff, mayor, and chamberlain, and for his uniform zeal and activity in promoting on every occasion, the true interest of this metropolis." This motion being unanimously agreed to, the two candidates, aldermen Wilkes and Hopkins, were severally put up, when the shew of hands appearing full two to one in favour of Mr. alderman Wilkes, the sheriffs declared him duly elected. A poll, however, was afterwards demanded on the part of alderman Hopkins, which began the same day, and finally closed on Tuesday the 27th, when the numbers appeared as follow: Therefore Mr. Hopkins was declared duly elected, and afterwards sworn in. It was in this year determined by a cause which had been carried on at the expence of the court of aldermen, "that no gentleman, because he chuses to fill a magisterial office of honour, is to be discharged from his parochial obligations, wherever he may be an inhabitant." This was in consequence of a dispute between alderman Newnham and the parish in which he resided, on account of a claim of exemption as an alderman of London. Various circumstances had induced the corporation to enquire into the state of the city cash, and the probable expences attending the mayoralty; when it appeared that the receipts and payments of the five preceding mayors were as The account of the late alderman Beckford's first mayoralty had amounted to £.5,578 17 0 - 6,896 19 10 The committee having therefore compared the accounts, and having likewise had the statement of monies received by the mayors from 1750 to 1775, both inclusive, for the sale of offices, places, &c. came to the following resolutions : "I. That it appears to the committee, that the annual income of the office of mayor of this city, amounts to about 4,000l. "II. That the probable receipts arising from the sale of offices, places, &c. for twenty-six years past, amounted upon an average to 531l. 6s. 1d. per annum; and for the last ten years, to 670l. per annum. "III. That the probable expences attending the mayoralty of the city, amounted to 7,600l. per annum." The committee therefore recommended, that in future, the sums arising from the sale of all officers places of this city whatsoever, should be paid into the chamber of London; and that the court do allow the future mayors 1000l. per annum, in lieu of the said places." This was a measure highly liberal in the corporation, inasmuch as it prevented the highest office in the city from being burthened with any inconvenience. The lord mayor, was, however to retain the profits of the cocket office. In the month of October, the admiralty issued press warrants, and urged John Sawbridge, esquire, lord mayor, to back them, that they might be enforced in the city. This his lordship absolutely refused; but offered such liberal bounties, that several idle hands entered themselves, and prevented such an odious breach of the constitution. The consequence of the lord mayor's refusal was, that one of the city watermen was impressed and detained. This roused the indignation of the corporation, and therefore at a court of aldermen held on the 19th of November, on the petition of William Dawson, esquire, the water-bailiff, the town clerk was ordered to write to the lords of the admiralty, to request them to discharge John Tubbs, one of the city watermen, who had been impressed. On the 22d, another common council was held at Guildhall, when the lord mayor acquainted the court, that the occasion of calling them together was to lay before them a letter the town-clerk had received from Philip Stephens, Esq. secretary to the lords of the admiralty, in answer to a letter he wrote to their lordships by direction of the court of aldermen, concerning John Tubbs, one of the city watermen, being impressed. The court, after debating a long time, agreed, that the city solicitor should take such steps as might be necessary to obtain a Habeas Corpus for John Tubbs, to procure his discharge. A committee of six aldermen and twelve commoners were appointed to manage and conduct the same *. On The following are true copies of the town clerk's letter to the lords of the admiralty, by order of the court of lord mayor and aldermen, and the answer of Philip Stephens, esquire, secretary to their lordships: "MY On the 26th, an application was made to the court of King's Bench, for a Habeas Corpus, and Lord Mansfield was so perfectly satisfied with the affidavits produced to ground the motion, that he immediately offered to the council on behalf of the city, either immediately to grant the writ as desired, or a rule for the lords of the admiralty, and the captain or commanding officer of the ship in which the " MY LORDS, "Win. Dawson, esquire, the city's water bailiff, having this day informed the court of lord mayor and aldermen, that lieutenant Tate of Gravesend, did on the 4th instant, impress John Tubbs, one of this city's watermen; I am directed by the said court to desire your lordships will give orders for the immediate discharge of the said John Tubbs. Town Clerk's, Guildhall, I have the honour to be My Lords, Your lordships most obedient humble servant, WM. RIX, Town Clerk." "The Right Honourable the Lords of the Admiralty." To which letter the Town Clerk received this answer: "Your letter of yesterday contains a demand on the part of the court of lord mayor and aldermen of the city of London, of the immediate discharge of John Tubbs, who has been impressed, and is stated to be one of the city's watermen. "This is a solemn demand of his discharge as a matter of right, as to which I am directed by the lords commissioners of the admiralty to observe to you, that the condition of John Tubbs, makes him clearly liable, in law, to be impressed, insomuch, that if he had absconded to avoid the press, he would have been punishable by the court of aldermeD for so doing. “As matter of right, therefore, it is impossible to give him up; and the demand being made in that form, renders it equally impossible to shew that degree of attention to their application, which it might otherwise, if circumstances would have allowed it, have been their lordships inclination to have done. I am, Sir, Your very humble servant, “ William Rix, Esq." Town Clerk, City of London.” PH. STEPHENS." waterman waterman is confined, to shew cause why the same should not issue; directing, that in the mean time, the waterman should not be removed or sent away *. Το * This case was argued in the court of King's Bench on the 28th of November, when Lord Mansfield thus delivered his sentiments from the bench. "I am very sorry that either of the respectable parties before the court, the city of London on the one hand, or the lords commissioners of the admiralty on the other, have been prevailed upon to agitate this question. "Of the utility of this man to the city of London, or to the lord mayor, no one can seriously speak: a man retained to earn half-a-crown a day; without badge or livery, without any obligation upon him to attend; whose entrance into the service of the lord mayor is voluntary; and who, if he chuses to quit it for any other employment, creates no inconvenience to any body, or a difficulty to supply his place! Notwithstanding this, if the city of London has a privilege of protecting thirtyone persons from being impressed, they have a right to insist upon such privilege. On the other hand, where is the immense utility to the public service with regard to these thirty-one persons, whether they are pressed or not? It is impossible they can be an object. The utility therefore in the one case or the other cannot be the ground of the present dispute. But it must have arisen upon this: the city would not ask or take the exemption of this man as a favour; but insist upon it as a right; and in a manner in which they never insisted upon it before. And the admiralty, jealous of new rights of exemption being set up, would not grant it as a right. The real question between them is, whether there is a legal right of exemption or not. "I was in hopes the court would have had an opportunity of investigating this point to the bottom, instead of being urged to discuss it so instantaneously; and without any evidence with regard to the foundation of the claim: I own, I wished for a more deliberate consideration upon the subject; but being prevented of that, I am bound to say what my present sentiments are. "The power of pressing is founded upon immemorial usage, allowed for ages: if it be so founded and allowed for ages, it can have no ground to stand upon, nor can it be vindicated or justified by any reason but the safety of the state: and the practice is deduced from that trite maxim of the constitutional law of England, "that private mischief had better be submitted to, than public detriment and inconvenience should ensue.” To be sure, there are instances where private men must give way to the public good. In every case of pressing, every man must be very sorry for the act, and for the necessity which gives rise to it. It ought therefore to be exercised with the greatest moderation; and only upon the most coVOL. I. No. 26. 4 I gent |