On this page
-
Text (1)
-
Untitled Article
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.
-
-
Transcript
-
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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
fCkmSntiedfnm our Sixth page , ) « rm of Seed ana" Co . having reduced the -wages of their oneatiYes , and treated them < jtherwisa in a most tyf ^ jnlcal manner , fbej all left in a body , and hands ««( T 9 roenred to supply their place from the votk-*^ se , hx nnJes offi Among -fliess -were seTeral crip-^ 5 , -wto bad to be carried in a tsx-cart , belonging to ^ inillowners . On the 23 rd , 24 th , and 25 th of Datsmbet last , the 25 th being Sunday , they were worked hy these monsters in hnman shape thirty-two hoars , « na ody aJlo"wea tiurteen hours and a-hall for xeat If fngse things "were done "with the consent of the Poor
jsv commissioners , it "was time their authority should je abolished , and the act which gave it to . them re-¦ palBd . He felt strongly upon this subject , loiowing fee locality where these transacfiona had occurred , and loving been in communication with the parties sgsrpsred- If the Bight Hon . Baronet had Been these tjretcbed creatures in the state he saw them , applying ¦ fa protection . before the magistrates , he was sure he Tronic have felt compassion for them , and been of op inion HaX the Poor iaw which sanctioned such proceedings was a disgrace to the country .
Sir J- Gbxham was prepared to give a qualified agent to the motion , hut deprecated the strong , harsh , ' < juq BBjasfinatole language which had been used t > y the j jjon- gintleman , which he thought was quite inconsis- i jgnt -with the legitimate principles of freedom of debate . \ ^ s coald not consent to retain in the motion the werds ! » correct , entire , and nnmutil&ted . " Snch expressions i conveyed a direct insinuation that a public office from which the return was expected was in the habit of ; _ rbling or returning inaccurate statements to the J Bense . If , therefore , the hon . gentleman did not with- ! graw those words ha should oppose the motion : He I 5 PS 3 unabls to procure a return of the letter of Mr . H . ] Greg , nsther original nor copy being to be found j « jBong the records of the Poor Law Commissioners , j
It Tras , i £ fact , a private letter addressed to Mr . © had-j yick . The Poor law Commissioners did not possess ' ether the original or a copy . Mi . Ashworth : s lBtter ; yjs in the possession of the Poor Law Commissioners , \ snfl he wasready to consent to its production . " With j respect to the nextTeturn , as to the number of persons j ¦ 5-ho were removed from their parishes in the agricul- I tnnl into the manufacturing districts , under the sane- \ gon of the Poor law Commissioners , it was impos-. ' sHe to state the amount of the wages they then j received , or their present residences , employments , and vases . There were several items in that motion of ; irMcn it won ! 3 be quite impossible lor Mm , on the part ' ¦ of the Poor Law Commissioners , to promise s return . I £ reri thing that was really material , and that could be i
-jjirsJshea , iad already teen presented to tne public in ' ggPoor La * Commissioneis' report of 1836 , p . 448 , ; ^ i £ re the Hon . Ssnilemsn would find a statement jadebj Mr . Muggridge , the Assistant Poor Law Com- j x 3 sa < ES > on this subject . In the report of 1837 there ns also a further statement on the subject . He ( Sir ; J . Gaham ) was ready to furnish any information that j is was able to obtain . With regard to the returns lespecSng the nietary of the Belper and Derby Union I "Workhouses , he would not feel any difficulty in laying I them on the table of Ujb Heuse . As to the last motion -of thB Hon . Gentleman , he begged to iaform him . that j -fhe Poor Law Commissionera were not cognizable , <
gitectly or indirectly , of the transaction to which he ) referred . If any such transaction had taken place , the ' Cozromssoners were entirely ignorant of it . He must \ demur to granting these retumBj unless the Hon . Gen- J Heman consented to withdraw the expressions " cor-1 leet , entire , and unmutilated . ** j 2 dx . M . Gisso : s said he would not hare troubled the j Bouse , if the Hon . Member for Knaresborongh { Mr .-TcTcsai ) had mot made statements which would go j forth to the public affecting parties who had no oppor- j iaaitj of giving tfee same publicity to the contradictions ] as would be afforded to the accusations . He thought it ' tkj desirable that such dislogistic terms as the Hon ., il ember had introduced should be omitted from motions > I ; ' ! ; j j | I ; |
xsbmitted to ihat House . The Hon . Member from : £ naresboro'agh had . asserted that persons were " kid- i napped , * and induced to go from the agricultural into i f > je manufacturing districts by the promise of conditions \ -rhich had not been fulfilled ; but he was convinced that ' a fair inquiry would show the erroneeusness ef this ; statement . The hon . gentleman had sow , as he had on farmer occasions , made assertions which were not sub- i ilfi 11 ^* \ r ** 0 L * s * i . tj * j aj m . mp «^ . ^ .- ^ -i . y ^ -i'iT — *» ' ^ -i T fud jju « suv * f ; | | ¦ ; ;
sbmSated . \ 21 z . Ferrand . — " Name , name ; " and cries of" Order * % He would noi go into the question now ; j 1 st is thouiht the hon . gentleman should be cautious in , firing currency to such unmeasured censures upon in- ' diTiiiasls . With respect to one statement of the hon . pnUcman he might cfesyre , that agricultural labourers ' hid been rcmoTed into the manufacturing districts , be- , esass in those districts there had been an increased cemand for labour , which was coincident with a dnmnhhe « i demand in the agricultural districts . He j hdicTed that if these labourers had not gone from the : srncdtirrs ] to the manu £ icturinz districts their places
woriio haTE besa snpplied hj Irish labourea , and 1 Cos would ha-re iad a sfiD more aepressing tSect . j ASer the agricultural labourers were transferred to the j xasclacturing districts , there was a rise in the rate of ! * K ££ , and they receiTed larger weekly wages in the TnftTCfsftunng than they would hare done in the agri- j cclScnJ districts . He wished , howtTer , most daecUy i to contradict the statement that there had been any "KflrappiEg , " or that the conditions in which these i jersons were transferred to the manufacturing districts ! had not been fulfilled ; and he thought the Hon . ; il ember for Ensresborongh ought rot , especially before \ the retnrEj for which he moved were presented to the House , to mats statements involving "* sucli serious charges . —ihear , hear , from Mr . ^ errand ) . ' !
Dr . Bo"STBtsg said , that one of the gentlemen to i whom the Hon . Member for Kaaresborough had re- ! fered was a personal friend and constituent of his ; s ind , having on several occasions visited that gentle-. man , he ( Dz . Bowring ) had had an opportunity of ' noSdng the condition ol the labourers in his employ , j He could &t&te that many of the persons who had been ' transferred from the agriculturist districts blessed the dsy that had seen them removed from a state of great , mstiE 3 s to a condition of comparative ease and comfort , j Be would refer the Hon . Member to the statements of j Th . C Taylor , who , in the account of his visit to the izamifacturing districts , repeatedly noticed the comfort ' and happiness of ths worimen employed by Mr . Ash-¦» cnth . He recommended the Hon . Member to be csnSonB how he indulged in these vituperative attacks , j Mr . FESEA 5 D , in reply , said he had referred to the '
case of a EuamTaeturer wh » was convicted by the magistrates in penalties amounting to 125 / ., and who had worked his hands from half-past 8 o ' clock en Saturday morning tai Sunday afternoon at 4 o ' clock . 2 \ w , tzs this man a monster in human shape , or not ? Hsdid not ieel himself justified in withdrawing this expression ; and he was sure that no hon . member ¦» 0 Uld Eke his children to be worked as heavily as this Sam had woiisd those whom he employed . He regretted flat thfc hoD . member for Manchester ( Mr . Gibson ) stonia Mtb repeated to-night a statement he made a few evenings ago—that he ( Mr . Ferrand ) made assertions « Qat house which he had been unable to prove . He oanepged the hon . member , and any gentleman on the ^ Ppwatefide of the house , to adduce & single instance « vtith he had made assertions which he had not « s > able to prove .
Jar . Gjbsos said the Hon . Member for Knareshro * hsa made charges against the Hon . ilember lor Stock-I « rtvHr . Cabden ) which hehad not substantiated . The -non . Hesibetliaii also made charges against manufac-^« s connected with the Anti-Corn Law LeagnB , that » b * y 'B'ers eap&raally the supporters of thB truck system . Sat against-tr-hom did the Hon . 3 Iember prove this *™»; e m the committee he obtained ? As far as he Pit Gibjcni was aware , the charge was not- proved S ^ ast any il ember of the Anti-Corn Law League ; it " * pproTed only against two manufacturers in Lanca-« htb , who were of Conservative polities , and opposed « the League . Ths question having been put , ^« . Pexraxd expressed his Eurprise to hear that the r ° * ^^ ziem was proved against only two manufac-« fea in Lancashire . He could tell the Hon . Member tti > itwaB proved against scores of manufacturers in iaacasMre .
^ eretnrns , as modified , were then ordersd . wn the motion of Mr . Ferrand , a return was ordered « a copy of the conviction of a firm of cotton-spin-*™> carrying on business at the Low-miD , Addingham , » ae West Riding of TorkEhire , and trading ufidtr ^ W Seed ^ C 0- ' BP ° n the information of Mr . ' ^ t Baktr , InspBctor ef Factories , for having j ^ *™ thar mill bznds on Friday , Saturday , and r *™ ?** tt ^ e 23 rd , 24 ' Jb , and 25 th days of December " ^ m -no ktioE of the F ^ clories Act . ^^ J- Ghahas brought in the Begistration Bill , ^ ai Tr as reaa a first time , and ordered to be read a *»* £ &ne on Monasy nesl . * Mv ^ SrTT 05 tronsOii in tiie Turnpike Koads Bill , *^" » as read a firit time , and ordered to be read " a «^ atime on Menday . 0 ^*? ° use then adjourned at half-past twelve
TUESDAY , FZB . 21 . ^; ?• Dra combe presented a petition , agreed to * at » PiMic latest of tho inhabitants of Bath , praying " ^ ntry into the cosfluct of Lord Abinger when - ^ ra ngst the Special Commission . , ** ^ iBSAsi presented a petitioB from a hand * JT **« Wer ol Manchester , stating that he had been j 2 *^ w by the power-looms of the meanB of earning j £ c 5 * a « J ind praying that the House -would grant ? ro-CONiyCCT OP LOBD ABIKGEK . i ^^ ia PsxHEii presented a petition from certain j T ?« &Bt » of Brighton , praying that an inquiry might jjj ^ ated into the condnct of Lord Abinger at the g T ® of the late Special Commission j and that if the ^ paons against him were proved , the House v ? ould ^ a address to her Majesty , entreating her to Bt otm ^ 1 ier seTere displeasure the lord Chief ^^» m order to keep the jndicdal bench pure and ' **> & £ ? " ® v * co' 3 ssz said te T 088 in punnance of tie : > « f w v - « iTen » ^ in compliance with the wishes Wi 4 AiWJiUCll nty
^^ Utth * ^^ - .. C ^ pXKfiCU IAJ iJtlll | W ~ y ' i ! lnr ^ P 8111 ^ 1 d to the public , by calling the " L » fl 1 ^ J ^^ McVLSB to tte manner in which the JMrBr 1 ? Blrtni Ab ™ i « discharged his duty as a co ^ hS 111 ^ ' *• fete sPfcc Commission issued for On l £ r ° ?* cI Lancashire and Cheshire . In asking the awew , ^ e ¦ Hon to ^^ object , he did notprefer / warn oams Olra acco ^^ ^^^ ^^ Qg ^ ^ the
Untitled Article
part of millions of the unprotected , unenfranchised poor among their fellow-subjects . He was satisfied he should not make this appeal in vain , especially when he considered that in former days , if there was one subject more than another on which the Hotue of Commons lisa been z-sious , it was the adjninistiation of justice Tieir first object had ever been to keep that pure , and to watch the manner in which the judges appointed by the Crown held the scales of jnsliee between the prerogatives of the Sovereign on the one hand and the rights of the people on the other . Naw , the charges he had to make against Lord Chief Baron Abinger ' s eondnct on the special commission were , that he had discharged his duty in a manner that was partial , unconstitutional , and oppressive to those who were brought before him—that
ae discharged it in a rancorous , saalignant , political , and party spirit to the prisoners who were placed at the bar cf the court over which he presided . During the last Bession of Parliament a case connected "with the administration of justice in Ireland was bronght before the House ; by the Right Hon . and Learned Member for Dungarvon , and he remembered that on that occasion a charge of Lord Chief Justice Bushe was read , wherein he stated , that if there was a case in which the conduct of the law officers of the C / own or of the Judges wis to he canvassed , the House of Commons was that place . He now begged , therefore , in conformity with the declaration of that learned judge , to call their attention to the conduct of the Lord Chief Baren . He knew not whether honourable gentlemen had forgotten the
feeling raised among the public—the storm of indignation and disgust excited among all men out ef that House at least—at the charges which Lord Abinger delivered , and the manner in which that judge summed up the evidence in several cases , as welijas the sentences which he passed on the unfortunate prisonere . The House might have forgotten the feeling that then existed ; but , at all events , if they had , he should feel it his duty to refresh their memeries , and he knew no better means of testing public opinion , and ascertaining its direction , than by showing what was the opinion of the public press on this occasion . If that press were at all a reflection of public opinion , or if there were the most distant foundation in truth for the articles which then appeared in its organs , he said it would become the bounden duty of that Honse to institute a full inquiry into the charges he had to make . He challenged any Honourable Gentleman to show him a single organ of the press , high Tory , Whig , Radical ,
] Chartist , high church or low church , which approved of the conduct of Lord Abinger on that occasion . He must Bay that the manner in which the pnblic press treated the Chief Justice Tindal on the Bame occasion washighly creditable to tbem . If he had a d 6 ubt as to the view he was about to take of these charges , and of the cocdnet of Lord Abinger , he need only quote a jas-sage from the Times , which condemned the charges of Lord Abinger in the strongest terms . In the first place he might observe that every portion of the press , whether daily , periodical , London , or provincial , was loni in its censure and in invectives agiinst the conduct of Lord Abin ^ er . What said that which was called the leading journal of Europe ? Had it a a word to say in favour of Lord Abinger ? Having contrasted the charge of the Lord Chief Baron with that of Chief Justice Tindal ; the writer proceeded : —•• Speaking constitutienally , this was not the voice of an individual—it is not even
simply the voice of o-. e in authority—it is the voice of the-common law of England . " In another article publiabed in the Times , in which comments were made on some speeches delivered at public meetings , which he ( Mr . T , Doncembe ) attended , and where the charges of Lord Abinger were severely condemned , tha writer , having found fault with those speeches , said— We must guard ourselves from being supposed to express an unqualified opinion of all that Lord Abinger has said or doDe in the performance of his trying office . We are inclined to regret the severity of some of those punishments with which be has visited many of the subordinates in this ill-judged and ill-fated rising . Ws regret that acts , scarcely amounting to tumultuous begging , and with no proof of violence , should in these excited times have been visited with transportation , which , as in cases of robbery , haa been awarded . " Taking the other side of the question , hs would rtfer to the language of the Morning Chronicle . [ Here Sir Robert
Peel sniiledj Tbe Right Honourable Baronet might smile . He unhesitatingly dared to say the Right Honourable Baronet did not approve of all the sentiments expressed in the Morning Chronicle , any more than he did perhaps always approve those of the Times . The Morning Chroni § le said , after the opening of tbe Liverpool sittings : — " If the sentiments attributed to Lord Abinger in reports of his previous charges are objectionable , those attributed to him in this last charge are infinitely more so . Indeed , we can hardly conceive it possible to cram a greater number of questionablenay , absnrd propositions into the same spaca . We pass over the insinuation levelled at the Anti-Corn Liw League in the allusion to the ' schemes of persons who considered that a general turn out might be advantageous to their peculiar political objeets , ' and proceed a * , once to notice some of the gross mis-statements contained in this report It is always onr wish to bo able to treat with reverence these who are clothed with
judicial authority . Had Lord Abinger , in his charges , imitated the wisdom and moderation of Chief Justice T-indalj he should equally have commanded our approbation . But the Noble and Learned Lord has chosen to quit that path in which he could tread securely , for one in which his gait is most unseemly . It is not for a Judge to proponnd from . his judgment-seat doctrines of a questionable character ; and if any cue Judge is less than another entitled to dogmatise on subjects such es those we have noticed—it 1 b Lvrd Abinger . When in the House of Commons , he was never able to rise to the level of any general question , and in ihe Honse of Lords he has never distinguished himself by the comprehensiveness of his viewa . * ' The Morning Heiald spoke on this subject as
follows : — " We doubt whether the mode of giviDg some of the matter contained in these charges publicity and circulation is very jndicious and appropriate . His Lordship ' s charges at Chester and Liverpool do not read so judicially as that of Sir Nicholas Tindal at Stafford : they occasionally travel out of the records b . fore his Lordship , and wander into tbe regions occupied by political controversialists ; they aim at more than is perhaps strictly within the province of a charge to tbe Grind Jury , and discuss subjects which will not assist the Noble Jndge ' s auditory in disposing of the bills bronght before them . Lord Abinger's addresses are , in short , what are termed political charges . ? * • Proper things in their proper places' is a homely adage ; Chief Justice Tindal ' s charge is an admirable
-illustration ot it ; Lord Abinger ' a charges here and there c ffdid against it . * * * The Lord Chief Baron devoted but small portions of his addresses to an exposition of the law ; he rushed at once into political considerations , indulged in ditquisitionB on tbe tenets of a kind of men called Chartists' —derlainieil against democracy generally—declared the adoption of tbe Charter to be equivalent to the destruction of the -Monarchy—suggested that the Government was most lenient in net instituting indictments for high treason in many of the cases to be tried . " The Mormng Advertiser also condemned , in very strong terms , the condnct of Lard Abinger . They wtre as follow : —* ' Lord Abinger is proving himself to be to tbe Tory G-avemment what his Lordship appositely
de-Bcribed Suisse to be to the Marquis of Hertford— ' an invaluable servant , * to whom no dirty work comes amiss . Yesterday we commented upon his Lorsbip ' s charge to the Grand Jury at Chester , and to-day we refer to tbe report in another part of our paper of a similar charge on opening the Special Commission in Liverpool . We have no hesitation in pronouncing both of these charges a disgrace to the bench , whereto the pnblic have been taught to look rather for an impartial and temperate exposition of the law , than for political disquisitions , or such liberticide harangues as those by which Lord Abinger has desecrated it . We have already expressed our conviction that the object of the Tories is to suppress all expression of public wrongs and opinion , . under pretence of quelling insurrectionary
manifestations , and Lord Abinger ' s charges most fearfully confirm this apprehension . By his Lordship ' s exposition of tbe law , the mere fact of seeking any change in tht system of government , by meanB calculated to alarm the authorities , is equivalent to an overt act of treason ; so that the people , in such case , have nothing to do but to hug their chains , ; lest their yery rattling might disturb the repesp of their task-masters . We have merely space thus briefly to direct attention to the speech preparatory to the analy « s , exposure , and denunciation of its flagrant aggression against the constitutional rights of tbe people . " That was tbe opinion of the'London press ; he would take just one instance from a provincial journal , ; the Macdesfield Chronicle , which said— " Lord Abinger
delivered a lengtny charge to the grand jnry at Liverpool , on Monday , which for bigotry and violence of language , la exceeded his former one . It was composed almost entirely of attacks upon the Anti-Com Law League and theChartists . This Learned Judge—this ' renegade Whigvents his Toryism is the most ignorant comments upon Free Trade , and takes upon himself to be the guardian par excellence of public opinion . We venture to assert , that there is scarcely a single man , whose effice leads \\\ m to animadvert upen human wickedness , in whose history will be found crowded a greater mass of political inf am y- - That was the language of the pnblic press , the voice of public opinion , which was certainly not disposed , unless on good grounds , to undervalue judicial authority . Could we expect that the bench -would retain any Bbsre of public respect , or of thB authority which s&onM belong to it , if just grounds were afforded for such Imputations as its occupants . He had . the
firmBBt belief that he could prove the charges brought against Lord Abinger to be well founded , if % ae House would grant his demand for inquiry . It Would ill become the House to refuse such & request . He believed the motion be was about to make was- strictly founded on precedent , and conformable to tb e usage which had obtained in similar cases of anci cut date . There had been numerons instances in form / jr Umea of the punishments of judges who had been brought before the bar of that House . Judges who had \ niscondueted themselves had been fined , imprisoned , and removed , and he might say had been executed . He was not asking the House at the present mom '^ t to pronounce any opinion upon the guilt or innoctn / # of the Learned Lord ; but if he ( Hr . 3 > nncombe > ecu' , q prove at the bar of the House that that Learned Lor a had been guilty of the charges which he ( Mr . Duncor abe ) imputed to him , it must be the opinion of every man that the Learned Lord was unworthy , to act ir . his judicial capacity .
Untitled Article
Without going baek tp ancient times , for precedents , he { Mr . Duncombe ) would advert to those of more recent date . In the case of Kenrkk , who was a Surrey Magistrate , and a Welsh Jadge , Mr . now Lord Denman , made a motisn in the House -reryaimflar to that of which he ( Mr . Dancombe ) had given notice , which was to call witnesses to the bar in confirmation or charges brought forward . That metion was agreed to unanimously . There was a little coquetting , it was true '; but the case was so good , that the Right Hon . Baronet now aitting ^ ipposite , at last consented that an inquiry should be Instituted into the conduct of this Magistrate and Judge . The result of the inquiry was , that : Mr . Denman moved a vote of censure . The B r ight Hon . Baronet then moved , as an
amendment , that the committee having heard evidence in support of the allegations of the petitioners , and having heard counsel on behalf of Mr . Kenriek , did net think it necessary to recommend to the Honse the institution of any farther proceedings . There the matter dropped ; but he { Mr . Duacombe ) believed that the general expression of feeling was so strong against the conduct of Mr . Kenriek , that he resigned his judgeship , although hq remained in the commission of the peace . The next case to which he wonld advert , was that of Baron Smith , against whom certain charges wero made in the year 1834 ; the first was neglect of duty , insomuch as he had kept his court sitting too late at night , while he had not attended it sufficiently early in tho morning ; and the second charge was , the introduction
of political topics in his charge to the grand juries in Ireland . That case was brought under the consideration of the House by the Hon . and Learned Member for the county of Cork . Now he ( Mr . Dancombe ) apprehended that all he had at present to do was to establish a prima facie case for inquiry ; for he did not ask the House to prejudge the question . Thai was the position taken by the Noble Lord then , as now , Secretary for ths Colonies , -and who he ( Mr . Dancombe / regretted was not now in his place , in the ease of Baron Smith . Now he ( Mt . Duiicowabe ) contended that his case was Btronger than that brought forward by Mr . O'Connell J against Baron Smith . He ( Mr . Dunconibe ) complained not only of the topics introduced into the ebarges of Lord Abioger , but of his sum mine up before
tbe petty jury , and his conduct—he ( Mr . Dancombe ; had almost said , his brutal conduct—towards tbe prisoners at the bar , in passing sentence upon them . In the case of Baron Smith , it was urged that a sufficient case had not been made out for the inquiry ; but Lord Stanley ( then Mr . Secretary Stanley ) , in answer to that said : " Whatever circumstances of palliation—whatever circumstances of justification , there may be , depend upon it this case cannot stand without inquiry and investigation . " Now , that was exactly what he ( Mr . Duncombe ) said with relation to Lord Abinger . Mr . Secretary Stanley went on to say j— " It cannot so stand—it ouifbfc not so to stand ; and the Hon . and Learned Gentleman who expresses such anxiety to support the due authority of the law , and the upright
and fair administration of justice in Ireland , may believe me when I say—which I do most couscientiously , as from the bottom of my heart—that that authority , and that support are best given and best secured by taking care that , if possible , no doubtful cases shall occur , and that if they do occur , no attempt shall be made to prevent a full and public inquiry into them . Sir , it is with this viow , wishing to cast no imputation on Baron Smith , for whom I entertain the most unfeigned respect , still less desirous of doing anything to subvert the authority of the law , and least of all desirous of acceding to anything that might countenance agitation in Ireland , whether political or predial , and believing that the support of the law and the authority of justice may be best maintained by allowing a due exercise of
control to the public opinion and the public sentiment , by showing that in the British House of Commons the interests of IrisL justice are not less attended to than the interests of English justice ; I say , Sir , that it is with this view , and on this ground , that while I should resist any motion that tended to remove with ignominy this Judge from tht- bench , at tbe same time I do say , that in my conscientious judgment , a case has been made out for inquiry into tbe circumstances in question , and for examining whether any justification may be adduced , or that which on the face of ib appears to me a deviation from the ordinary duties of a judge . Tbe Hon . and Learned gentleman Bays , if we grant this inquiry , we condemn Sir William Smith We do no such thing . All we admit is , that upon tho
face of the thing there is ground for enquiry . I impute no cerrupt motive—I impute nothing at all ; all I say is , that there has been laid before me on the one hand , and not denied on tbe other , a case of deviation from that which I consider to be the strict line of a judge ' s duty . It is for that judge , and for those who defend him , to show whether that charge can or not be satisfactorily refuted . All that can be said is , that there is a prima facie case for inquiry . " The HoU 38 would remember that , after the lapse of three weeks or a month after tbat debate , a motion was made by the Right Hon . . Bsronet opposite ( Sir E . Knatchbull ) , that considering the length of time Baron Smith had bten on the bench—that he had served his country for thirty years , and that this was the first time his conduct
had been questioned , the vote for appointing a select committee to inquire into tbe allegations should be rescinded . But even that was resisted by the Noble Lord opposite , then Mr . Stanley , and the motion was carried by a majority of six . after a long debate . And upon what occasion were the expressions of Mr . Stanley ?— " I say that I have not that fear which the Hon . Baronet ( Sir E Knitcbbull ) expresses , of subjecting the administration of justice to tbe caprice of a popular assembly . If the House of Commons wish to have all the statements brought before them , on which they should think a sufficient couse made out for instituting an inquiry ; they should desire to be made more particularly acquainted , not only with the facts that can ba alleged on tbe one side , but with the
justifications which may be tendered on tbe other , in order that they may be enabled to decide whether the matter be of that weight and importance which should lead them to take any ulterior steps . " There was another speech upon the case of Biron Smith , delivered by a Noble Lord then an honourable member of this bouse , of whose integrity and of tbe value of whose opinion he ( Mr . Dancombe ) apprehended there could ba no dispute . He alluded to the then Solicitor-General , now Lord Cottenham . That Noble and Learned person delivered his sentiments thus : — " It appears he wantonly delivered what must be considered a political party harangueinsulting to many of the grand jurymen who heard it , both with regard to politics and to religion . In England , no such practice prevails ; and to avoid all
temptation to the Judge to become a partisan , it is considered inconsistent with etiquette that tbe bar Bhould be present whilst he is delivering his charge . * It is the duty of the Judge to instruct the grand jury on the subject of the bills about to be brought before tbem , and not to enter into political matters , or make an harangue on doetriaes and opinions , with respect to which many of the jurymen might think very differently from himself . It seems to me that if this practice were to obtain a footing , a grand juryman might get up and answer my Lord Judge : he might say—• My Lord , I am of a different party in politics ; I am of a different religion : and I Bhould like to see the judge who would have the hardihood to commit inch a juryman , True , the judge might in
answer say— ' This is not a debating club , but a court of justice , and you must not reply upon the bench : ' but might not the juryman , in return , inform hip lordship that he should iiave considered that before he made his inflammatory harangue ? The bon . and learned member for Dublin says , he is prepared to prove his case ; and if it should be proved , I say that this judge ought no longer to Temain in the seat of judgment- It is not proposed that we should immediately address tae Crown to remove him , the result of the inquiry ta&j be to prove that the hon . and learned member is misinformed , and that thsre is no ground for the allegations which he has made . I earnestly pray that the learned judge may be honourably acquitted of the charges brought against him , if they be not well founded ; and if that should
be the result , be will return to Ireland in triumph , justified in tbe course ha has pursued It seems to me tb . it , in justice to Mr , Baron Smith , we are imperatively called on to grant this inquiry . " The noble lord , the member for the city of London , whom be ( Mr . Duncombe ) was sorry not to sea in his place , alsn spoke , on tbat occasion , in favour of the inquiry . There was , indeed , one individual in the House , at the time , who violently opposed all inquiry into tbe conduct of Baron Smith and that individual was—Sir James Scarlett—( hear , hear , and lauahtfcr ) . what were the sentiments he then expressed ? Sir James Scarlett said , " I conceive that a metion for a select committee to inquire into the condnct of a judge ib one which no Government should support ' — ( But the
Government did support it—( bear , heaf . and a laugh ) : the Right Honourable BaTonet the Secretary of St-ite for the Home Department was then a member < f the Government , but having voted against tbem , retired ak > ut that time ) . Sir James Scarlett proceeded to say , " —which no Government could support unless they have first made an investigatien , and are prepared to say they think it a fit case to be followed up by an addreas for his dimissal . You may declaim about the independence of the judges ; but if a judge whose honour and integrity are questioned , even though be should have committed an indiscretion which may make him the object of odium to a particular party , is not supported by the Government , he will not have the courage to do his duty . I venture to say tbat if this motion be carried the judges in Ireland , if they have any independence , will all resign , ** , Resign ! Bat not one of them did resign —( Ungater and cheering ) . ' Sir James Scarlett went on to Bay , " I hope that no
gentleman in the House will give his vote on this matter as if it were a party question . No man detests a political judge more than I d»—( great laughter ) . No man , in my opinion , ought to be made a judge on account of his politics —( hear , hear)—at an rate , he ought not to carry them with him on tbe bench "—( bear , and cheers ) . Why , if Sir James Scarlett spoke his real sentiments . Lord Abinger must by this time be beginning to hate himself most mortally—( Laughter and cheering )—for he ( Mr . Duncombe ) could prove that no man bad indulged in politics more than Sir James Scarlett , and that be bad carried them with him to the judgmentseat both at Liverpool and Chester—( hear , hear ) . He ( Mr . Duncombe ; had alluded to the charge of Lord Chief Justice Tindal ; and he wonld remind the House that that Learned Judge had , in his charge at Stafford , pointed out exactly what be believed ought to be the conduct of a Judge , particularly when engaged on an important and melancholy occasion , 3 f . ch aa tbat
Untitled Article
upon which he was then addressing tbe Grand Jury . His Lorship ' s words were as follow . — » Gentlemen , — It has already been intimated that we conceive it to be no part of our provfnee on this occasion to discuss the justice © f the complaints made by the workmen against their employers , or to decide npon the merits of the dispute existing between them . Neither is it ; part of our duty to show by argument that the course pursued by the parties ^ who thought themselves aggrieved was or m others the least calculated to accomplish—on-tho contrary , perhaps , the most likely to defeat—'; he very object which they wished to attain . Nor , again , are we called upon : to suggest or to discuss any remedies which may be provided bylaw for the prevention of similar mischiefs , if , unfortunatelyat future time
, any the same ground of dispute should arise between mas t ers and workmen—a discussion which is better fitted for a legislative assembly than , for the members or this tribunal , to whom the only duty alioted is that of declaring the law as it stands at present Our d irect and more useful course will , therefore , bo to endeavour to expound the law as it applies itsolf to tbe several cases arisng out of these unhappy transactions , upon , which you will be required to exercise your judgments , in order that you may arrive at a just conclusion whether sufficient appears in each individual case to call upon the parties accused to appear before a jury of the country . " No man , he ( Mr . Dancombe ) apprehended , would dispute tbe soundness of the doctrine thus laid down .
And here he could not forbear mentioning one anecdote of the conduct of Lord Chief justice Tindal in reference to these trials . At one time a solicitors clerk , engaged in defending a prisoner , had occasion to leave the court , and on attempting to return was stopped by the door-keepsr , who told him tbat by order of the sheriff he was not to be permitted to enter , because he was a Chartist . Appeal was instantly made to tbe judge , and he was told tbat free ingress and egress had been denied to the solicitor's clerk to and from his client . Lord Chief Justice Tindal said , Throw open the doors immediately . We know nothing of Chartists here . " ( Cheers ) But go from the court at Stafford to that of Chester or of Liverpool , and it would bo found that nothing was iu the mouth of Lord Abinger but Chartism and Chartists . Now if Lord Chief Justice
Tindal were right , it followed that Lord Abinger must have been wrong . Lord Chief Justice Tindal muat have said what he did , in order to gain for the prisoners a fair trial . He ( Mr . Thomas Duncombe ) now cam © to tbe charges delivered at Liverpool and Chester ; and here be must contend judges hal no business to express their own opinions upon doctrines , nor to strain the law to meet those opinions . He was confirmed in that view by an authority which he apprehended the House would not dispute—he meant the Attorney-General Thurlow , afterwards Lord Chancellor , on the Duchess of Kingston ' s trial , in the House of Lords , in 1776 : — " I do desire to press this upon your Lordships , as an universal maxim , no more dangerous idea can creep into tho \ a \ nA of a judge than the imagination that be is wiser than the law . I
confine this to no judge , whatever be his denomination , but extend it to all . Ingenious men may strain the law very far , but to pervert it—to new model it the geuius of our Constitution says judges have no snch authority , nor shall presume to exercise it . '" Now he ( Mr . T . Duncombe ) asserted that Lord Abinger bad assumed such authority , and bad presumed to exercise it . Tbe two charges delivered by Lord Abinger at Chester and at Liverpool were much the same , except that that i&t Liverpool went beyond tbe one delivered at Chester . Upon that , therefore , he ( Mr . T . Duncombe ) should principally take his stand , although he might read one or two passages from the Chester charge , to show the animus of the Judge throughout these trials . — " You will find that
there is a society of persons who go by the name of Chartists , and who , if they have not excited or fomented those outrages , which will be brought under your notice , have , nevertheless , ' taken advantage of them for their own purposes , have endeavoured to prevent the unfortunate people from returning to their work , and sought so to direct them tbat they might be conducive to the attainment of political objects . And what is the object of the Chatter , which these men are seeking ? What are the points of the Charter ? Annual Parliaments , Universal Suffrage , and Vote by Ballot . Yet , gentlemon , you will find , by the evidence which will be produced before you , that it has been inculcated upon many misguide ** persons tbat the sovereign remedy for al ] abuses , and tbe only means of putting themselvts in
possession of such a share of power as would enable them to vindicate thoir own rights and secure themselves against oppression , is by the enactment of what they call the People ' s Charter . " Was there any Member of that House who would get up in his place and say that the advocacy of tbe object mentioned is an illegal act —( hear , hear , hear ) ? Lord Abinger went on to say" What a strange effect , then , would the establishment of a system of Universal Suffrage produce ! for under it every man , though possessing no property , would have a voice in the choice of tbe representation of the people . The necessary consequences of this system would be , that those who have no property would make laws for those ' who have property , and tbe destruction of the Monarchy and Aristocracy must necessarily
ensue . ' Not satisfied with libelling those who were favourable to the principles of tbe Charter , the Learned Lord actually went out of his way to attack the institutions of America . His Lordship said— " In the different states cf America there are pure democratic associations , elected by Universal Suffrage and Vote by Ballot ; and some uf these states have recently exhibited the regard paid to property by democratic assemblies , by having protested against paying the public creditor , and disregarded their own obligation to obey their own law made for his security . If such a system of democracy were established in England , the first consequence would be , that the security of property would be removed , tbe public creditor and all commercial accumulations would be destroyed ; and , finally , or ,
perhaps , the first object aimed at would be the destruction of property in land ; there would be an universal agrarian law . " Now > if this was not political doctrine , he ( Mr . T . Duncombe ) would like to know what was . For what purpose was that point put to the Grand Jury , unless it were for the purpose of prejudicing not only their minds , but those © f tbe Petty Juries who were to follow , against the prisoners to be placed at thu bar ? How could the Judge know that some of the gentlemen he was addressing were not holders of that very bank stock , and who , unfortunately for themselves , had loat tbe whole of their money , and that by his remarks their minds would be prejudiced , when be told them that the parties they were to try were seeking changes , which , if
effected , would place them , the public creditors , in the same position as tbe holders of public funds in America?—( hear , hoar ) He ( Mr . Duncombe ) would ask if it was a fair argument to put to a Jury , and whether a Judge did not travel out of his way in alluding to such a subject at all ?—( hear , hear . ) If this Noble and Learned LoTd had not gone into Liverpool , and followed up his abominable and unconstitutional doctrines , in his summing up before the Petty Jury , he i > lr . Duncombq ) should not have thought it wo / th while to call the attention of the House to the subject . But when he followed the Noblo and Learned Lord into Liverpool , he found him indulging there in exactly the same style of language , nuy , if possible , still more rancorous and malignant against the parties he
attacked . He was quoting the reports of tbe Times newspaper , suid as he understood tbat upon tbe occasion of the commission that jouraal sent down one or two of the most eminent reporters to take the proceedings , their report was , no doubt , more correct than if furnished by Lord Abiuger himself . He ( Mr . Dancombo ) would prove tbat these reports , am ! more than these reports , were correct , for Lord Abinger went even beyond what was reported , and that , in shame of the Judge , some passages were suppressed [ so we understood the Honourable Member , who Bpukb rather indistinctly at this part of his speech J The Noble and Learned Lord indulged in a hit at toe Anti-Corn Law League . Upon that point he said be would not enter , but leave that Association to settle their dispute with
the Learned Lord : — " Much has been said of the privations to which the working classes hive been reduced , and I make no doubt that they are considerable , for it cannot b 3 denied tbat many of the usual channels of trade have been / interrupted , and there was existing a general fteling of despondency among commercial mea as to the advantage of engaging in commercial enterprises , tbe result of which was attended with great uncertainty ; but I &m bound to say , from the experience I have acquired as to tbe history of this insurrection iu a neighbouring county , that tbat distress bas been greatly exaggerated . " Now he ( Mr . Dancombe ) thought that House bad , during tbe present session , given a practical contradiction to tbe allegation that the distress of the people could be
exaggerated . The Noble and Learned Lord went on— " H sterns that a society cf persons , who are recognised by the title of Chartists , have endeavoured to persuade tbem tbat the true r 9 medy for all their grievances , was the adoption of . what they call , the Charter , which appears to be principally aimed at a larger Reform of Parliament than has already been adopted ; and , in defiance of the promises , and no doubt the sincere hopes , ef tbose persons who introduced and carried the late Reform of Parliament , that it was to be a final , efficacious , and satisfactory measure of Reform , these infatuated persona—for they alsa must be infatuatedhave formed an opinion , grounded on what foundations I know not , tijat a representation created by Universal Suffrage and Tote by " Ballot , together with the Payment of Members of Parliament , would be a panacea for all evils , and endeavour to inculcate these doctrines on the assembled multitudes they
address ; and to persuade tbem that to perpetuate the insurrection against thdi master a , and to make it universal , was the best means of getting the Charter . They mixed up with their orations many affected recommendations to peace and order ; but , gentlemen , you will find these recommendations always accompanied by false and exaggerated statements of the general feeling of the country . I must say , gentlemen , tbat if these conspiracies , having such purposes in view , bad been made the subject of prosecutions for High Treason , the consequences might have been serious indeed to the parties concerned . I am at a loss to know what distinction there is between a conspiracy to Bubvert the Government , and impose force and restraint on all the branches of legislature on purpose to have a particular measure passed into a law , and the crime of Higb Treason . " So it appeared we vif . te to have « new sort of treason—tho advocacy of
Untitled Article
the Charter . " I do not understand that the Govern , ment intend to posh the indictment to that extent , and these people owe it to tho lenity of fcne Government that they are not pot in a position hazardous to their Iivea" Had it then tome to this , that the advocacy of the Ballot , Universal Suffrage , Electoral District . Payment of Members , and Annual Parliaments , is High Treason ? He waa not now contending whesher those principles were good or bad , but he said it was the constitutional right of Englishmen to discuss these important subjects , and a grand jury was not to ba told by a learned judge , ! who might probably be of bigotted and rabid Tory principles , that it was little short of high treason to advocate certain principles , and that they were indebted to the lenity
of the Government tbat they jwould not be arraigned for high treason . He ( Lordj Abinger ) had forgotten tbat at so late a period as the year 1789 those very principles of the Charter had baen advocated by tha Duke of Bedford , the Duke of Richmond , Lord Selkirk , and others . Lord Abinger went on to say"A great deal has bean siid at different times as to what should be considered an unlawful assembly ; and , I am sorry to say , tbat what has feakeu place in this ccuutry has given rise to discussion on the point , both , in couits of law and in Parliament . But one thing is clear—that an assembly consisting of such multitudes as to make all discussion and debate ridiculous and a farce never can be assembled for the purpose of deliberate and calm discussion . Will any person in his senses
say that when a man assembles together 3 000 or 4 , 000 individuals , he does eoj to form a deliberative assembly , to discuss speculative points either of law or government ? Such a ! profession would carry with it its own refutation . If , therefore , an assembly consists of such multitudes as to render all notion of serious debate impossible ; or , if you find that at such an assembly all attempts at debate are put down , and that the only object of the parties ia to beat one side , the meeting ceases to be an assembly for deliberation , and cannot protect itself under ; that pretension . "' Was that the Learned Lord's definition o ( an unlawful assembly ? He ( Mr . Duncombe ) asked those who attended county elections , whether 3 . 000 ot 4 , 000 , and even 10 . 000 , did not assemble ; and whether they did not
deliberate upon and discuss the merits of tbe candidates ? Lord Abinger went on— " The consequence of the success of their endeavours would be , not a reform of Parliament , j but a subversion of the Government ; because everybody who r * fleets on such things knows that the establishment of any popular assembly entirely devoted to democratic principles , and elected by persons the vast majority of whom possess njo property , but live by manual Jabcur , would be inconsistent with the existence of the monarchy and the aristocracy . Its first aim would be the destruction of property and the overthrow of the throne , and the result , would be the creation of a tyranny so intolerable , that the very persons who assisted in establishing it , would be the
first to put it down ; and cut ] of the confusion which would ensue , would possibly result a military des potism . You will excuse me ' foT using this language to gentlemen of your description . " The learned lord apologised for the language he used , and well he might . Why , those were the old arguments which were used at the tiaie of the Reform Bill —( hear , hear ) ;—these anticipations of the throne and the aristocracy ' beiDg in danger were all put forth as arguments against the Reform Act and its opponents , and now they are 1 used against the Charter by a judge on the bench . With regard to the discussion of points like this , he ( Mr . Duncombe ) would quote an authority which Hon . Gentlemen on the opposite side would not , he apprehended , dispute
—he meant that of the learned Attorney-General himself , ( Sir Frederick Pollock , ) at the trials at Newport , when defending Frost , in 1840 . The Hon , and Learned Gentleman said , " I have not seen the Charter , and hardly know what is meant by a * Chartist . ' I hear of its points and articled , and I learn from the newspapers that Chartists carry their views beyond the Reform Act established by Lord Grey's government . Among the articles spoken of are universal suffrage , vote byf ballot , annual parlia meats ., and no property qualification ; with respect to these I do not agree with the Chartists ; but upon thise subjects their opinions are entertained by
many members of Parliament of undoubted respectability and integrity , and of considerable talent , and—ii it be true what I have heard on the subject —the names of many are attached to a document , the avowed object of which ialto frame what is called the Charter of the People , ? by expounding their principles on these points . ! Gentlemen , I hava abstained from mentioning any name unconnected with the cause , from uttering ; any observation which could give offence to any one who is absent , or usiug my privilege—I ought to siy my duty—so as to create any feeling of pain or uneasiness to any one absent , and I am sure I shall fulfil the duty which I owe 10 Mr . Frost better and more to his entire
satisfaction , if I refrain from making any one remark which could create a moment ' s pain with reBpect to any past conduct lor transaction . These Chartists , however , gentltmen , it must be admitted , stand at present in relation to the present constitution as it was established in 1832 , ju > t as the advocates of reform stood in relation to the old constitulion , which was remodelled by the Reform Act . "—( hear , hear , and cheers . ) *' And however I may di / Lr from these who are called Chartists in opinion , I must do them the justice to say , that Chartism so far is not treason —( iheers)—nor the assertion , the public assertion of it , rebellion—( renewed cheers)—and I must g © further and say
that although I trust I shall never lire to see the day , and I trust that nobody in whom I take any interest will live to see the day , fatal fas I think it will be to the happiness , the prosperity , J and the well-being of this country , when these principles shall be established ; yet I must say , that if it be the confirmed opinion , at any time , if the large mass of the intelligence , and numbers , if the strength and sinews of the couutiy , and the intelligence which controls that strength , shall finally determine to adopt the ChartLt code , doubtless , gentleman , it will be adoptied , and mere wealth would , in my opinion , struggle against it in vain . " The ilon . and Learned Gentleman said that it was
not treason and rebellion to ajdvocate the principles of the Charter ; but Lord Abinger entertained a different opinion . He ( . Vir . Duncombe ) defied any body who looked at the Charter to find in it any thing that would enable him ; to say that its effects could be such as this Learned Judge ascribed to it . These were the charges addressed by Lord Abinger to the grand juries . He wouljd now proceed to show how thore charges were subsequently wrought out by thu Learned Judge in his charged to the petty juries . If the mauer had ended with the charges to the grand juries , it would nave been of httlo consequence ; for the gentlemen to whom those charges wtre addressed were men who , from their education and station in life , would possess enough of
information to know that the doctrines laid dawn by the Learned Judge were not the doctrines of constitutional law , nor indeed any kind of law known in these kingdoms—( hear hear ) . He was told that many of those gentlemen , on leaving the grand jury box , at Liverpool , had [ expressed themselves disgusted with the charge which had been addressed to them . Many oi the unfortunate persons tried before Lord Abinger upon this occasion were undefended . At Chester , as he found from , the report to which he had before referred , there arrived the whole park of ieaal artillery of the Government . Down came the Attornfy-Geueral ( Sir F . PpUock ) , the Attorney-General for the Palatine ( Kfir . Hill ) , Mr . Jervis . Mr . Welsby and Mr . Pollock to conduct the
prosecution ; whilst only a single counsel , Mr . Yardley , appeared for the defence . Hence it happened that as two courts were sitting fat the same moment , many prisoners were necessarily obliged to be tried undefended . There was always something in a Special Commission most adverse to the prisoners to be tried . For holding of such commissions the Government ; always appointed tha time most convenient , to itself . The bar did not generally attend unless especially retained . Hence the Government , with its heavyjpurse and well-fed counsel , was always well and ably represented , ' whilst the prisoners , poor , and without the means of offering a fee , were left to the very doubtful chance of procuring any legal aid at a !' . Upon the ; occasion to which he
was referring , it appeared that Mr . Yardley was the only counsel available in the j ' two courts for the defence of the prisoners . ^ Hitherto , however , it had always been the benevolent maxim of the English law , that "the judge is counsel for rhe prisoner . " But so far from mat being the case in the present instance , one of the charges that he ( Mr . Duncombe ) had to bring against Lord iAbinger was , that he made himself au advocate for the Crown , — ( hear , hear ) , sad that his conduct throughout the whole of the proceedings was most indecent and indecorous as applied to the character ofa judge , and most unjust and cruel as applied to the prisoners —( cheers ) . He would now show the House how the Learned Judge carried out the doctrines which he had laid down to the
Grand Jury . He would go first to the trial of a man named Wilde , and five others at Chester . These men were charged with attending an unlawful meet ing , which ended in riot .: In summing up the Learned Judge addressed to tbe petty jury very nearly the game sentiments that be hxd addressed to the grand jury . He said : — ' * It would not be necessary to go at length through tbe whole body of evidence which had been presented to them . The question for the jury to decide was—first , whether that evidence went to prove the existence ofa conspiracy ; and secondly , whether it identified the prisoners as connected with ii . The aim of Chartist meetings he ( the Learned Judge ) considered , wag
to produce a general suspension of labour , in order that , by so doing , they might facilitate an organic change in the constitution ; of the country . All changes in the constitution , ; even from worse to better , wera to be deprecated < if effected by force and violence . He did not mean to say that men were not quietly to meet and discuss ' changes in the government ; ( but it ehould be remembered that governments were not made in a hurry , but were created by a long succession of events aud the gradual improvement of mankind , who , as necessity required , made laws for the protection of persons and property ; and any attempt to change those governments suddenly was pregnant with daoger ; it in fact , amounted
Untitled Article
tsss as |« sr ^ sats ^ gHte IabourW classes the framing of all laws »'« £ {>» > tection ot property . That was the object wwedm the" placard which had been produced -memience , and the man who had been capable of writing such a placard must ^ ve had intelligence enough to know that such an object never could be effected without force and violence . It must be known that me House of . Commons , as at present constituted , would never allow every man in the kingdom , whetaer having property or not , to have a vote for our representatives . " He ( Mr . Duncombe ) wanted to know
what right Lord Abinger had to say that— ( hear , hear ) ! But he went on— "to have a vote for our representatives , or allow their members to sit without a property qualification . " Then , what was to become of the Scotch Members arid of the Members for the Universities of Oxford and Cambridge , who sat without any property qualification—( hear , hear )? If the Universities were allowed to return representatives without any property qualification , why should not the same privilege be -extended to the working classes—( hear , hear )? But Lord Abinger proceeded— " , sitting , to receive a salary for their Parliamentary services . But even if the Commons should consent , the Lords would , to the last , resist the destruction of their own
privileges . " Here , again , the Noble and Learned Lord took upon himself to answer for the other branch of the legislature . But with what propriety could he do so i When the Reform Bill was under discussion did not the Lords resist to the last what they considered to be a destructiou of their own privileges ? But when the advice was given to the Sovereign by the cabinet of which the Right Hon . Baronet ( Sir J . Graham ) opposite was a member , to awamp" the House of Lords , did not their Lordships give way , and allow the bill to paos —( hear , hear ) ? This was the charge of Lord Abinger to a pettyjury . By holding out such doctrines to them he ( Mr . Duncombe ) maintained that Lord Abinger ' s object , to use the words of Lord Erskine , must have
been " to fasten the mill-stone of prejudice round the necks of those persons in order the more effectually to sink them "—( hear , hear ) . Lord Abinger went- on : " Finally , was it to be expected that the Sovereign would , without force or violence , consent to the changes proposed by the Charter V What right had Lord Abinger to state this 1 A former Sovereign , as he ( Mr . Duncombe ) had already stated , consented to " swamp" the Houso of Lords . Why should not the present Sovereign consent to allow the working classes to vote for the return of representatives to Parliament ? Lord Abinger proceeded : — " The calling together of several thousand persons to discuss political rights was itself a farce , the obieot of the demagogues beiug invariably not
to reason with , but to inflame the mob . He had always thought tbat a meeting , consisting of several thousand person n , must , in its very nature , be illegal , because it was absolutely impossible that at such meetings there could be anything like discussion , and , therefore , for a man to say , I called together five or six thousand persons for the purpose of political di&cussion , was in effect to say , that I called them together to inflame their passions . " This appeared to be too much even for the stomach of the Chester petty juiy , for it appears , from the report , that they interrupted the Learned Judge , and desired to have no more of it . Tne report saidu The Jury hero interrupted his Lordship , and intimated that as their minds were already made up as
to their verdict , they would not trouble him with going through the evidence . " It was too much even for this jury . They had attended public meetings , no doubt , and had seen thousandsof thuir fellow-subjects assembled for tho purpose of political discussionj without allowing their passions to be inflamed , —( hear ; hear . ) But " No , " said the Learned Judge , " I will not stop till I have given you a little more . —( hear , hear , and a laugh : ) and then he went on a new subject , having nothing whatever to do with the case upon which the jury were to pronounce a verdict of " Guilty , " or " Wot Guilty ^ The report cominuedin these terms : — " His Lordship said he would only then trouble them with one observation , in reference to a statement of one of the
prisoners , that the Q . leen lived upon the taxes taken out of the pockets of the people . Now the revenues of the Kiuga of England originally consisted of lands * belonging to them . In the time of Edtvard the Confessor a great portion of the lands of England belonged to him as his private right . Tney would find even in Doomsday book , a very valuable document , and containing a record of all the property in tho kingdom , that the King ' s property was there specified in the same way as that of a private individual . When William the Conqueror subdued this country , in virtue of his conquest , he took to himself the lands of those whom he had conquered , and introduced the feudal system . His revenue consisted of a vast portion of all the lands in the
kingdom , besides the feudal rights , which gave him very considerable power over the lands of others . For instance , if a man died and left , a son a minor , the King took upon him the property of the deceased as ward for his son . These were called the King's revenues . In the reign of Charles the Second , the feudal rights , amounting to about £ 800 , 000 a-year , were abolished , and a grant of £ 600 , 000 a year was given as a compensation , to be paid in certain taxes on small commodities , which were then'levied by the government . In the reign of George the Third , William the Fourth , and Queen Victoria , further immunities were given up , tne Parliament undertaking to make a suitable provision for the parposes ot royalty . Originally tho property of the
Crown belonged as much to the Crown as the estates of the Marquis of Westminster or the Duke of Bedford did to them , and if ever there had been sacrifices of property made to the public , they were made by the Sovereigns of England . Was it bo tolerated , then , that assertions should be made respecting her Majesty which were false in fact , and only calculated to mislead . He had thought it right to make these observations , in order that the public might understand the real state of the question . " Let the Housa mark these concluding words ; the Noble and Learned Lord thought it right to make these observations , in order that the " public" might understand the real state of the question . So , then , this was an addreB to the " public , " not to the "jury "—( cheers . ) In the opinion of this learned judge , when men were
standing before him for trial by which their liberties almost their lives might be affected , it was his duty to address himself not to the jury , but to the public out of < ioors . Well , the end of it all was , that the prisoners were found " guilty . " Then came the sentences . Here again the Learned Lord rendered himself conspicuous . Wild and the other prisoners having been placed at the bar , the reporter of the proceedings gave this account of what took place : — " The Learned Chief Baron , in addressing the prisoners , said , Prisoners at th « bar , you have all been tried and convicted—most of you of conspiracy , in the assembling of illegal meetings , rioting , at d the adoption of other unlawful means tt > procure a change in the constitution of the country . With
respect to this charge , which is the gravest and most important that has been brought before the Court , you Robert Wild , Samuel Lees , John Fairhurst , and J ^ mes Wild , after a long trial , and the deliberate consideration of the jury , have been convicted of that offence . It appears from the evidence , that all of you were more or less engaged in attending meetings assembled together , by appointment , from day to day , and sometimes two or three times a day , tbe object of which was to procure the largest number of persons possible , and to deliver inflammatory speeches , which you , Robert Wild and Samuel Lees , have been proved to have uttered against the Constitution of the country aud the present state of things . Your design i < all this was to inflame the
minds of the persons assembled , to procure still larger meetings , and , when you had sufficient numbers , and wore sufficiently organised , to proceed to accomplish your object of creating an entire suspension of labour , and puttiug an end to all the industry within the districts ia which you lived . Not only did you endeavour to suspend the labour in manufactories , but all other kinds of workmen were stoppedeven agricultural labourers were prevented from following their lawful avocations . Now , a conspiracy to do this alone , if it were attended with no other result than the mere mischief and privaiion that must necessarily ensue to the unfortunate men whom you hindered from following their employment , is
highly criminal , and very properly punishable by law . But the Jury have decided that you had an ulterior political object ; that you vainly imagined , by causing all labour to be suspended , that you could bring the country into such a state of distress and destitution—and which , indeed , you would have done , if your machinations had been successful—as that you might be enabled to force some political objects , which your imaginations suggested as the remedy for all the evils under which you supposed yourselves suffering . As to your suggestion that you intended to do this by moral force—the force of reason and argument applied to the judgment—what is that in reality bat an absurd and fallacious pretext to cover your real designs , and to render them still more dangerous \ Why , it has been proved , that at some of the meetings speeches were
uttered—and 1 am not sure that they were not uttered by one of yourselves—in the course of which it was stated , that two hundred thousand men were on their march from Glasgow to turn out the cotton chaps—that your brethren ( as they were called ) in Ireland were up—and that one hundred thousand Birmingham man ( whom you thought proper to call cast-steel men , on account of their supposed imperviousness to the authorities , and against whom it was said a broadside would have no effect ) , were ready to rally round the cause of the people . Was this moral force and argument I Why . it is perfectly clear that your professions ot regard for peace , law , and order , were only adoptea in order , to cover your baser designs ; and that tn » real object wast to give the people to understand that such physical force was ahout to be concentrated aa woi \ ld overawe the Government , and com-( Continued in our Eighth page j
Untitled Article
THE NORTHERN STAR . ... ? ~
-
-
Citation
-
Northern Star (1837-1852), Feb. 25, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1201/page/7/
-