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juyE 19, 1352-] THE LEADER. 579
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LORD MALMESBTJRY AND MR. MATHER. The fol...
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ALDERMAN SALOMONS VICTORIOUS. An attorne...
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POLICE INTERFERENCE IN BURNER'S FIELDS. ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Week In Parliament. Loed Jomr Russei...
• ions of tie statute of George IV ., and expressing a hope v the had so acted without any intention of violating the i £ o therwise it would be the duty of the Government to ^' the law in force . Since then he had not heard of any P ° Lgtition of the offence in Ireland , and therefore it was t the intention of the Government to give a special ftrning , by pubHshing the proclamation in the Dublin raeette unless a similar occurrence should take place . The law , ' added , had not , as Mr . Keoghassumed , lain dormant ; but it had come to the knowledge of the Goern ment that Ronjan Catholics in this countrywere going I , renew those processions along the highways , which had
Lea done away for three hundred years , by marching from , !] lj « re to village with banners and emblems of their faith * honour of the Virgin Mary ; arid one procession had teken place , which moved for four miles along the high road consisting of one hundred and fifty persons , with banners , emb lems , ; crudfixes , arid images . He had no ] esitationin saying that such / a procession must give much annoyance to others of her Majesty ' s subjects ; and the Governm ent thought it right to prevent such a violation of the law , in which instance danger actually existed of a breach of the peace . If the law in this respect were not observed , its violation must necessarily draw down punishment on those who , after this warning , wilfully infringed
MIilitabt iKTr ^ ciiJATioif . —The Secrotary-at-War read a letter of explanation on Monday , in reference to the charge broug ht against General Thomas by Mr . Crawford , of employing his influence to coerce the vote of Sergeant 3 Vl'B ' inley , a pe nsioner , at the late Enniskillen election . Canvassing on behalf of Mr . Whiteside was admitted , but the alleged intimidation was denied . Mr , Secretary Walpole considered General Thomas had acted with imprudence , but had not been guilty of intimidation . Sir Edward Blakeney has cautioned General Thomas to be more careful in future .
Juye 19, 1352-] The Leader. 579
juyE 19 , 1352- ] THE LEADER . 579
Lord Malmesbtjry And Mr. Mather. The Fol...
LORD MALMESBTJRY AND MR . MATHER . The following additional letter from Mr . Scarlett was published on Wednesday : — "THbHON . P . b , SCABIETT TO THE EaRE OP MAIMESbxjet . —( Received June 11 . ) " Florence , June 1 , 1852 . « j £ y Lobd , —Having recovered sufficiently to dictate a letter , I will now give your lordship an account of my reasons for accepting 1000 francesconi as an indemnity to Mr . Mather . : . . . m - " In the first place , it was extremely difficult to prevent the Tuscan Government from coupling the offer of payment with a protest against the principle of responsibility . The only way by which I could avoid this dilemma Was to
propose that all discussion about responsibility should be waived , and that the Government should simply compensato Mr . Mather for the injury done to him . " To this suggestion the Ministers at last agreed , and this point gained , I considered the amount of compensation of secondary importance , provided it were sufficient to mark distinctly the disposition of the Tuscan Government to show sympathy with the British subjects who may suffer similar outrages , by complying with the demands of her Majesty ' s Government . " In the second place , I bore in mind that Mr . Mather had himself rejected the idea of any pecuniary indemnity while at Florence , and declared emphatically that bis object was to vindicate the national honour .
" I am happy , also , to hare reason to believe that the extent of the injury was less than has been supposed , and there is no probability that if Mr . Mather ' s case had been submitted regularly to a Tuscan tribunal , as it might have been had the Austrian officer been amenablo to Tuscan law , so large a sum as 1000 fra ncesconi would have been awarded . " Thirdly—However unjustifiable , in the eyes of civilized nation s , are the severe regulations of the Austrian military Mather
service , it must not be forgotten that by Mr . s own admission , his tone and manner towards the officer on duty at th e head of his troops , previous to the assault , wore , to say the least , highly imprudent , and that to his own indiscrotioa must bo vartly attributed the misfortune which bofol him . " Lastly—I thought it rig ht to take the advantage of tho opportunity which presented itself of obtaining the liboration of tho two Stratfords , thus concluding all mattore of difference botween , tho British an * Tuscan
Govornmonts . " Trusting that your Lordship and her Majesty ' s Go vornmont will approvo of my proceedings , I have , & c , ( Signed ) "P . Campbki . 1 . Scaki , ett .
Alderman Salomons Victorious. An Attorne...
ALDERMAN SALOMONS VICTORIOUS . An attorney named Chubb renewed tho legal persecution of Mr . Alderman Salomons , by bringing an action in tho Court of Exchequer on Monday for tho recovery of 1500 * ., consisting of penalties for hating illegally votod three times in tho House of Commons us member for Greenwich . Tho plaintiff ' s counsel , Mr . Edjvin Tamos , Q . C ., narrated tho facts of tho former action , which had boon brought for a similar object , in which tho Court had decided thut tho defendant was liablo ,
but in which thq plaintiff had ultimately taken tho verdict for ono penalty only . This notion , ho endeavoured to show , had boon friendly and collusive ; but tho Chief Baron stopped him , Haying thai it would be sufficient to go into these mutters when tho defendant sot up this former action as u defence . Mr . John Abel Smith , M . I ., wimj called to prove tho proceedings in tho Houao of Commons ; but on tho objoction of Mr . Willps , tho defendant ' s counsol , « nd . on tho Chiof Baron informing Mr . Smith thut ho could not ho compelled to give ovidenco of
the proceedings of the House of Commons without the leave of the House , Mr . Smith , consequently declined to answer any further questions on the subject . A clerk in the House of Commons produced a printed book , containing the journal and votes of the House ; but as he had not examined that particular copy with the original , it was rejected as inadmissible . Sir Denis Le Marchant > Clerk of the House of Commons , proved that Mr . Salomons , in taking the oaths , had omitted the magic words , " on the true faith of a Christian . "
Mr . Gray remembered the voting of Alderman Salomons , " The vote is given first , and then it is recorded . He voted in the ordinary way in which a member votes . He cayie up in the lobby and caused his name to he inscribed in the Division List . He voted as a member three times on three divisions . " Lord . Marcus Hill , M . P ., who acted as teller on the night in question was . next called j but a similar objection being taken to his evidence as to that of Mr . John Abel Smith , lie declined to answer any questions as to the proceedings of the House . Mr . James urged that Lord Marcus Hill , as a teller , was included in the leave given by the House to its officers , and therefore might give evidence ; but the Chief Baron held that he was not an officer of the
House . Mr . James Jenkins , an attorney , was next called . He knew Alderman Salomons . He heard him state at a meeting at the City of London Tavern , called on the subject of the Jewish disabilities , that he had voted in the House , and that if the view taken by his opponents was correct , he had incurred severe penalties . Mr . Gray was then recalled , and produced the original book kept by the clerk , containing the record of the proceedings of the House , arid the entries of the three votes in question .
Mr . Willes , in addressing the jury on behalf of the defendant , complained bitterly of the manner in which Mn James , the counsel for the plaintiff , had opened his case , in endeavouring to excite a prejudice against the defendant . It was not Mr . Willes ' s intention to set up the other action as a defence ; but lieTnamtained that the latter was a bond fide action , brought for the purpose of trying the question of law . The present action , however , was that of a mere informer , brought for the purpose of extortion . At all events , it was clear that the plaintiff could only recover for one penalty . _ ' .
The Chief Baron said he should so direct the jury . However many times a member might vote in one day without having taken the proper oaths , he would only subject himself to one penalty , of 500 ? . Mr . James said he took a different view of the case , and should tender a bill of exceptions to such a direction . Mr . Willes said he had thought at one time that these proceedings had "been instigated by some one who waa anxious , on public grounds , to raise the question a second time ; but he was now convinced that the action was that of a mere common informer , and that being tho case , he was sure that the jury would look narrowly at the evidence , and reject tho plaintiff's case
unless it was establiHhed by tho clearest proof . He then submitted , that but for the evidenco of Mr . Jenkin , who was introduced as a joint conspirator with tho defendant in tho first place , and then assumed tho part of a spy and informer , there was no evidenco on which the jury could rely for proof of the fact that Mr . Alderman Salomons had committed any act , which would subject him to this penalty . Much evidence had been offered and rejected , and that which had been received and would bo left to their unprejudiced consideration by tho learned judge was , ho asserted , wholly insufficient to satisfy tho jury that the defendant had voted ; and unless that was mudo out by direct testimony , they wore bound to return a verdict for tho dofondant , and so defeat tho informer .
Tho Chiof Baron in summing up , again gave it oh his opinion that only ono penalty could bo recovered , arriving ut that conclusion from the analogy of this case , both with other ponal Htntutcs which hud boon similarly interpreted * and with tho law affecting tho right of voting in tho Houso of Lords . Ho observed , that tho topic which tho plaintiff ' s counsel had introduced was totally irrelevant , und had bc # n brought in most unnoccfisarily and improperly . Tho previous action not having bqon pleaded , could not now bo sot" up in defence by the defendant .
" At thosamotimo ho must obsoryo that , ho know no social obligation on a man in the portion of tho defendant , who had dono an act Bubjecting him to a ponalty , to submit to tho moroy of tho first informor , especially whoh tho penalty was incurred in tho opon vindication of what tho defendant bondjldo belioved to bo tho law of tho land and hi « rights . Tho Chiof Baron afterwards proceeded to direct
the attention of the jury to the question , whether Mr . Alderman Salomons had been proved by legal and sufficient evidence to have voted an the 21 st of July in the House of Commons . As this was an action under a highly penal statute to recover a large penalty , and not * i n ordinary action for money , they ought to expect froM the plaintiff direct and clear proof of the allegations in his declaration— the principal of which was , that the defendant had voted . This gave rise to the question , ' In what did voting copsist ? ' At first , from the evidence of Mr * Gray , the Clerk of the House , he ( Sir I \ Pollock ) would have inferred that a member voted when he entered the House from the lobby after a division ; but on consideration ho should say that it was not so . Neither did the act of putihis
ting down the name constitute the act of voting , n opinion . It was the act of leaving the House after _ question had been put which constituted the act of voting . That was his very strong opinion ; but it was difficult to say that a man had voted unless you could show how he voted , and though there was evidenco here of three divisions , and the defendant ' s name had been inscribed as many times in the list by Mr . Gray as having voted , still there was no proof that he was in the House when the question was put , nor that he left it on the division taking place to go into the lobby for the purpose of voting ; so that in his opinion there was not that clear proof which ought to have been given , and might have been given , on the part of the plaintiff . But it was for the jury to decide that . "
Sir F . Pollock was not aware that the plaintiff had given evidence of any arrangements in the House which would make it certain that Mr . Salomons had left the House in order to proceed to the division . The jury might have no moral doubt of the fact , but they ought to find for the * defendant , unless they were satisfied , not by reasoning and inference , but by actual legal proof , of the commission by the defendant of the offence imputed to him . The Jury retired for five minutes , and on their returning , their foreman , who , it is said , was of the Jewish persuasion , announced a verdict for the defendant . Both parties tendered bills of exceptions to the summing up of the Chief Baron .
Police Interference In Burner's Fields. ...
POLICE INTERFERENCE IN BURNER'S FIELDS . The subjoined correspondence with the Secretary of State has been handed to us , and we readily give it publicity . 10 , Patriot Square , Victoria Park , 16 th May , 1852 . Sib , —I most respectfully inform you , that on Sunday ( this 16 th inst . ) an injudicious , and , in my opinion in common with others , an illegal interference with the rights of Englishmen took place , by the forcible prevention by tho police of persons assembling in Bonncr ' Fields to converse with each other—to exhort and address each other on social , political , and religious subjects , as by the laws and customs of this country they have a right to do . The superintendent of tho K division professed to act by the orders of the Commissioners of Police , which , if so , makes this interference a most grievous wrong ^ requiring to bo redressed , and such proceedings for tho future prevented .
I most respectfully inquire of you whether tho order to interfero was issued direct from the Homo Office , and by what law , or pretence of law , such interference has taken place . I am , Sir , respectfully yours , Jas . Savaoe . To the Hon . — Walpolo , Her Majesty ' s georetary of State for the Homo Department . To which tho following reply ( not answer ) was roccivod on tho 1 st of Juno : — Whitehall , Hint May , 1852 .
gIR > —I am directed by Mr . Secretary Walpolo to acknowlcdgo tho receipt of your complaint of the interference of tho police to provent porsons assembling in Bonnor ' a Fields on Sundays ; and to inform you that Mr . Walpolo has inquired into tho facts of tho case , and is of opinion that tho interference of tho polico was not improper . I am , Sir , your obodiont servant , S . J . H . Jojjhivva . ' Mr . Jnrnes Savngo , 10 , Patriot Square , Victoria Park . Qy . —Will tho opinion of tho Homo Secretary bo considered by tho peoplo of this country a sufficient warrant for proceedings not sanctioned by law , and subvorsivo of their rightu ? J « S .
As our readers know , mounted and foot polico , armed with swords , dispersed tho peoplo assembled to prcuch and teach . On May 23 , tho Sunday following tho arbitrary reply of Mr . Walpolo , who dimply informed tho members for tho Tower Hamlets that no ono would bo allowed to preach there , tho fields presented a ronwrkublo spectacle . " Hovoral thousands of persons , " says tbo JJailt / News , " wore walking about , who / tho moment tho police had vaouted any spot ,
collected thero in groupH , dincuHBuip ; and conversing , till tho polico caino nguin and dwperHcd thom . Two Hpcakors began to uddresH tho peoplo ; and , on being forcibly removed by tho police , requeued to bo taken into custody : but tho police averred that their orders wore to arreat nobody . This denial of an opportunity to test tho legality of tho prohibition was perplexing . It was difficult to boo how any kind of public meeting , on , any day of tho week , could ho secure from rcprcs-
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Citation
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Leader (1850-1860), June 19, 1852, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_19061852/page/7/
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