“Since the elections of 1784 Mr Baikie has endeavoured to split his valuation so as to make 4 votes upon it.“

A General Election was held in Britain in 1790. In those times voting (which had a very limited franchise) would take place over several days across the country.

On the throne of Great Britain was the mad King George III, and at the height of his power was William Pitt the Younger.

In Orkney ( Shetland had no votes) Freeholders had the vote of which there were 38. Sir Thomas Dundas had been elected in 1784 – indeed the Dundas family had represented Orkney (and Shetland) as MPs since 1768 with a brief spell in 1780 when Robert Baikie was MP (his election was declared null after a complaint raised by Charles Dundas, who was duly elected on 28 February 1781).

The Freeholders were landowners and many had become displeased with Thomas Dundas whom they felt was doing nothing for Orkney. There was also a lot of personal animosity between the Balfours and the Dundases. Sir Thomas’s father had sued William Balfour, his former factor, for alleged arrears in 1780.

Although that was ten years previously – these things are not forgotten and when John Balfour returned to Orkney after leaving his employment with the East India Company this was seen as an opportunity to challenge Dundas at the election.

People did not vote secretly then – it was done openly at a meeting. On 28 July John Balfour was elected as a member of parliament with 19 votes to Thomas Dundas’ 13. How did this great upheaval in representation come about ?

Sir Thomas Dundas and his supporters were convinced that it was not all above board and that the election should be declared null. On November 26 1790 he lodged a Petition and Complaint. He said that the election had not been properly notified in Shetland. His complaint was that Freeholders had been created by Balfour’s supporters in Orkney by issuing ‘liferents’ with voting rights, and other allegedly dodgy dealings, as follows:

1. Robert Honeyman Esq, son of Patrick Honeyman of Graemsay (deceased) was enrolled as a Freeholder on possession of the superiority of parts of lands and an estate in Stenness. The lands were in Evie, however, Dundas stated that these lands were in the possession of the heirs of John Mackay of Strathy
2. John Traill of Westness had created Freeholder votes by portioning out his estates to kinsmen, creating 3 votes
3. James Baikie of Tankerness had created 4 votes. On 5 August 1784 he had granted liferent to John Urquhart, son of James Urquhart a tailor in Kirkwall; granted a liferent to Sir John Sinclair (Baronet of Ulster) after having his lands valued in Eday in 1785; and on 17 April 1787 had created two more votes through dispositions to Sir Charles Ross (Baronet of Balnagowan), and Robert Dundas Esq of Arniston (Lord Advocate of Scotland).
4. William Honeyman had 5 votes in his control: his own, his father, his cousin (Mr Honyman Craigie), his brother (Robert Honyman), and his brother in law (Mr Hugh Scobie) a surgeon at Ardmore.

The case waged on for months as each of those named responded to the accusations.

Describing the political situation in Orkney, Sir Thomas Dundas said that in two previous elections ‘attempts had been unsuccessfully made to return Mr Baikie of Tankerness.’ The leaders of this opposition were, it was claimed, ‘the proprietors of the estates of Tankerness, Graemsay, and Westness,’ and that since the elections of 1784 ‘Mr Baikie has endeavoured to split his valuation so as to make 4 votes upon it.’

Dundas said that people were voting as Freeholders in Orkney who had no connection with the islands and that they had ‘outnumbered the real proprietors present and determined the election.’ They had ‘overuled the influence of the real Freeholders and determined the return of their friend, Mr John Balfour.’

Dundas’ side also said that the Lord Advocate, Robert Dundas, should not have had a vote because he was a peer of Scotland as Lord Oliphant. He had no right to act or debate whatever in an election to parliament. They also said that he did not have possession of the land over which he was enrolled as a Freeholder.

Robert Honeyman countered the accusation that he did not possess the lands in Evie. His claim that he owned the lands was upheld.

Hugh Scobie, William Honyman’s brother in law, said that he purchased the liferent of certain lands on October 27 1786 and had been enrolled to the Freeholders in 1788.

On 16 April 1791 a Select Committee met and Dundas’ case had failed. The argument that notices of the election had not been posted in Shetland did not count because it had no enrolled Freeholders. They declared Dundas’ petition ‘frivolous’.

John Balfour’s election to parliament was upheld, however, he didn’t contest the next one in 1796. Being a member of parliament had not had the advantages he thought it would have. Robert Honyman was elected unopposed in 1802 but as he was on active duty as a naval officer he never voted or spoke in parliament. In 1806, his nephew, also a Robert Honyman, William Honyman’s eldest son, was elected unopposed.

References:

The History of Parliament, Orkney and Shetland

Freeholders of Orkney: Enrolement Dispute 1790 – 91 , Orkney Room 324Y, Orkney Library, Kirkwall.

Fiona Grahame