Four years ago, this forgotten clause of the local Act was introduced to the notice of the vestry. It was admitted that it had not been observed; and the Builders, who formed the most influential party in the vestry, thought it would be unfair to enforce it. A little ventilation of this subject, however, induced the majority of another vestry to believe, and to resolve, “that all the rateable property in the parish should be rated.” But so much power have the Builders and the Proprietors of the soil in the vestry, that this good resolution has been from time to time set aside; and down to the present moment, the rate-payers at large have received no benefit from it. So that, although the Vestry Minute-books are crammed with applications to the vestry, to take under their protection, streets, squares, &c., and although the taking thereto has increased the local taxation very considerably, and will do so, year by year; yet none but the old inhabitants and the in-coming tenants have been taxed for all the wear and tear of old roads, caused by drawing building materials over them, and for all the additional expenses in watching and lighting, which every new house entails on the parish.
If this tax had been levied from the passing of the Act, in 1824, down to the present time, it would have saved the rate-payers some thousands of pounds; and it would have fallen on those who have received the most substantial benefits from the parish, although they have paid the least towards the local taxation, viz., the Bishop of London, and the lessees of the Paddington Estate. Had this clause been in force, those who took the land for building on, would have pointed out this charge, and insisted on its due consideration. For this additional burden, then, as well as for the enormous poor-rate entailed by the miserable cottages, the dwellers on the Paddington Estate are, in truth, indebted to their old friends, “the lords of the soil,” as much as to their local governors, and the builders.
And this is not the only burden, connected with the roads, which the owners of the Paddington Estate have attempted to throw on the people of Paddington.
In 1828, and 1829, when the Grand Junction-road, which had been recently made, was in a miserable condition; when it was ascertained that it would cost £400 a-year to keep it in repair; and when only £7 were the amount of rate received by the parish from the inhabitants of Oxford and Cambridge terraces; the owners of the soil tried, by force of law, to compel the vestry to appoint a surveyor to inspect this road, and take upon them the charge of its repair. The trial, however, went against them, and the learned Lord Tenderden delivered an elaborate judgment in favour of the parishioners. [198]
But what the law would not compel the vestry to do, the vestry could voluntarily do; and, as the election of vestrymen was virtually in the hands of a few builders and proprietors, these few took especial care to elect those, and those only, whose interests coincided with their own. Thus, those who were most deeply interested in the Paddington Estate, became the governors of the parish; and, as these personal interests were very frequently antagonistic to the interests of the ratepayers at large the public weal has had to suffer; and “parish squabbles” have not been unknown in Paddington, even since the introduction of Sturges Bourne’s Act. And discontent must continually arise, so long as the majority of the ratepayers know they are not fairly represented; that they have a minority of votes in the election of their local governors; and that the business of the parish is conducted with closed doors. Although this injustice was made legal, at the time when Grattan and old Sarum sent Members to Parliament; and when a single nobleman had more influence in law-making, than the whole of the inhabitants of the largest cities, yet “An Act for the better Regulation of Vestries, and for the appointment of Auditors of accounts, in certain parishes of England and Wales,”—the first and second William IVth, chapter 60,—better known as Hobhouse’s Act, was passed by the reformers, even before the Parliament itself was reformed.
This Act for the better regulation of vestries gives one vote, and one vote only, to each rate-payer; and it is scarcely believeable, that so just a principle could be refused to any parish, which had become too numerous to continue the “good old English constitutional custom” of personal attendance in Vestry; where and when each individual rate-payer might express his opinions on any subject within its jurisdiction, and record his vote thereon. Yet it has been most strenuously opposed, from its introduction into Parliament down to the present time, by the vestry of Paddington; and in consequence of its being necessary to obtain the sanction of two-thirds of the rate-payers who vote, and half those who are qualified to vote, before this Act can be adopted, the attempt to introduce it into this parish has twice failed. In 1849, there was a considerable majority for its adoption, but not the requisite proportion; and in 1853, it is said, the half of the qualified rate-payers have not voted. So that at the present time, Paddington enjoys the unenviable distinction of being behind its neighbours in the adoption of a liberal policy in the election of those to whom are entrusted its local affairs; and those who conduct them, have the unenviable honour of being the representatives of a section only of their fellow-parishioners.
Even the ancient rule of electing churchwardens, by single votes, has been set aside in Paddington; the Judges of the Exchequor Court sanctioning this proceeding, when the vestry appealed to that Court, by writ of error, from the decision of the learned Lord Chief Justice Denman, who had confirmed to the inhabitants of this place, their ancient right in this particular: [199] a right, which every inhabitant, who was not a lawyer, must have believed, as that learned Judge did, the tenth clause of the local Act confirmed to him. This clause declares that the election of vestrymen shall not take place, until after the usual election of churchwardens; “which election of churchwardens shall take place on Easter Tuesday, and be conducted from year to year in such manner, as hath been usual in the same parish.”
The rule of plural voting for vestrymen having been established by the adoption of Sturges Bourne’s Act, vestrymen so elected could not sanction the election of church-wardens in the manner which had been usual in the parish; viz.—by show of hands. Those gentlemen, who still govern Paddington, determined to take advantage of a legal quibble, to abrogate the ancient form of election; but their proceedings produced an amount of ill-feeling, which lasted for years, between those who now really had the election of parish officers in their hands, and those who, in consequence of the introduction of this new principle, had nothing to do with parochial affairs, except the payment of whatever sums of money were demanded. This feeling is indeed not yet allayed; neither can it be till this act of injustice to the majority, is for ever and entirely revoked. And justice must not long be delayed, if harmony is to be restored. Upwards of 2,000 rate-payers have this year voted in favour of that Act, which gives a single vote, and but one vote in local elections; and it behoves all who pay towards the local expenses, all who are interested in the welfare of this parish, to think of this, and to co-operate by every means in their power, for the establishment of good government on the solid basis of just principles. When this is done, all discord may cease; for it will then be the fault of the majority if Paddington is badly governed.
THE END.
A. & W. Hall, Caxton Steam Printing Office, 10, Cambridge Terrace, Camden Town.