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THE NORTHERN STAR. SATURDAY, NOVEMBER 12, 1842.
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©a 3&eatoev0 amr ®ovve0v*vtoent$t
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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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7 RIA . 1 BY JURY—1794 . On Saturday evening , a dinasr took plaoe atBadley's Hotel , tt .-iage-atreet , Blackfrisra , in celebration of another anniversary of the acquittal of Thomas Hardy , John Home Toeke , and John Tcelwall , in 1794 , and In commemoration of the institution of the . " Trial by Jury . " Shortly after sfx o'clock the chair was taken by T . S . Daacombe , Esq ., M . P . There -were also at the npper table CoL P . Thompson , W . Coates , Esq ., R . Taylor , Esq ., Major Revell , the Canon R ' . ese , A Gallo-¦ way , Esq .. C P . Thompson , Esq ., P . A . Taylor , Esq ., Dr . J ? pps , and J . Coppock , Esq . About 130 gentlemen , ¦ well-known for their steady and consistent snpport ef liberal principle * , sat down to dinner . The cloth having been drawn ,
The Chairman rose , and wag most enthusiastically received . He said he had now to propose the flm toast of those which he shonld have the honour of submitting to them . It was one of which , out of a meritorious , bat mistaken , notion of gallantry , hsA of late ye ^ rs been departed frem . It waa , "Tha Sovereignty of the People" —( immense cheers ) . Hetras . glad that EBch toast had been placed first on the list , and he was sure that there had never been a sovereign wao was more ready to acknowledge the authority by -which she
feigned than Qaatn Victoria—{ cheerint'j . Whether the ama disposition waa felt by the wrstefeed- faction Who now nnfortunately surround her , and who bad forced themselves into power , as much detested by the people M unwelcome to the monarch , he much doubted —( cheers ) . But the circumstance thst ruch a faction pow surrounded the Queen was the best reason irhy they should commence with proclaiming thst which they should always be prepared to assert— " Tha Sovereignty of the People "—( loud applause , three times three , snd much subsequent cheering ) .
The Chairman next proposed , " The Qaeen , long may she live ! to see the condition of her people improved , the laws reformed , and the privileges of the people erectly extended . " ( Lond and long-continued applause . ) The Chatemak said that perhaps thay would understand the ntxt toast better than he did ; it was " An honest Ministry—consistent men—good measures . ** He was afraid that , under the present system of representation , ? uch a wish was the day-dream of a political enthusiast , but if any believed that ' such a ¦ wish eould ever fee realised , no one tnnst think that by the toast they intended to pay the slightest compliment , or to allude in the smallest degree , to her MBj = st 7 ' s present G-T ? rramsnt ~ ( cheers , and laughtfr )
Testing the Govrnrueat by the rule of the toast , that the ministry was an honest one which was composad of consistent men , and which gave good measures , what were they ? He would mention one instance : the gentleman tfc-it did them the honour to preside over the Home Office—[ cheers , and laughter . ) Ht ( Sir J . Grrahani ) had once said , that the very men with whom he now acted , were " the material * of the worst cabinet that this country had ever produced . ' Such was the consistency of the members of the present Amlaistra tion , and the good or evil of their measurtB wa 3 proved by the present condition of the country—( cheers . ) Whilst the ruined manufacturer , the duped agriculturist , the starving artisan , were crying ' shrine ' upon them , they were meeting at a handsome hou& 3 at Windsor—( laughter )—and proroguing the
Parliament for a stui longer period . Th « y cared for nothing but their own csavfcnifcnce- They wished nothing but the enjoyment of country sports . With such men the meeting of Parliament was regulated by the partridges more than by the people—( cheers snd laughter . ) The Parliament had been prorogued when the shooting season commenced , and it would not meet again until the shooting season was over—fcontiuuert cheers and Isughte ? \ Human nature could no ; -be expected to endure evils bo intolerable . The only rem-.-dy however , was with the people themselves ; and if the people exerted themselves boldly , then , ac 3 then only , would the wish be fulfilled which was conceived in tha toast be had the honeur of proposing— "An honest Ministry—consistent men—good measures , "—( loud aiid long-continued cheering . )
The Cbairhax again rose : He aid he had now the honour to propose the toast which wt _ s more immediately the olj-ct of their meeting— " The parity of trial byjnry" —iLond applause . ) When he saw himself surrounded by gentlemen who half a century ago tad witnessed the dismay , the indignation , and natural s ^ rro w which was excited by the exile of the Scotch pavriois . Muir , Partner and the others , and the exai'atijn which the acqDiitalef Hardy , Horne Tooke , and Tijelwall bad caused , he could not but regret that this toast had not proceeded from some of them . He , howevtr . believed -hat tieie never had been a period of British history in which it W £ a more necessary for the people to stand by that palladium of liberty thaa the present To'be sure the present government came not so maiifnl ^ y forward
u William Pitt had done , to attack the liberty of the subject , but be feared they would surrept . it : oiisiy undermineit in as dangerous a manner . It was the ( . special dut ; then , of the juries who had to try cases of sedition—a charge totally undefined by the laws of tb « country—to be on their guard , and to defend thtir oppressed brethren . Persons charged with h " ^ h treasoa , it bad been said , " were covered with the whole a .-mour of the law ,- ' but the defence of the man who was charged with sedition was at the discretion of the judge —( hear ) He allndei to this fact in consequence cf wLat had recently occurred at the trials at the Special Commission in thy counties of Stafford , Chester , and Lancaster . He was mare there was -not an Individual present who bad sot read the charge of one vf the learned judges
who had been selected by the Government for that important duty . If such charges were allowed—if the special juries were to be directed , as the grana jury had been , by Lord Abinger , at Liverpool—he would fearlessly & » y tkat no man's liberty , no man ' s life , would be safe , if tried bj that individual—( Tremtiidoas and lone continued cheerine . ) He said , therefore , there never Was a time in which it had been more necessary to maintain tha independence of the juries—( applause . ) He doubted not that many persons there bad read Dean Swift ' s "' History of Political Lying . "— ( laughter . ) The Dsan there said that the Whigs and Torit 3 of hia day were both celebrated for lying , but which had the best ofit . be found it difficult to say—( laughter . ) If he , however , had lived in these days he would have found
an Abinger and a gentleman silting at the Home Office equal to any of them—{ Great cheerixg and laughter . ) In illustration of his opinion , he would tell . them what occurred on the evening ef the day upon which the corn mission wai sent into the country . In the " History of Lying" to which he had alluded , the Dean had styled one lie the " terrifying lie "—i Hear , hear , and laughter . ) This " terrifying lie" the Government had studied , for on the eve of the day of the issuing the commission they had ordered arrests to be made in different parts of the country , as * Rell as in London . ( Cheers . ) Several persons whs -weie called Chartists , F . O'Connor and others , were arrested , aftd for -west object ? Why , to terrify the public mind , and to impress upon the juries the idea that a cir ^ adful
conspiracy was hatcning—that a fearful revolution was on foot . ( Loud cries of hear , and cheers . i These were charged ^ ith offences equal to tfcoss a ! le « p-d against Hardy , Home Tooke , and ThelwaiL Enormous bail was demanded at the police offices . The trials took place , and some of them were transported and many imprisoned , "which , under the p . esent . state of pmun discipline , was worse than exeeatio ¦ , for it was a long and lingering death , ( Cheers . ) Was not such a system disgraceful to the Government ? The time wou'd come when it would be important to look ii-to this great question . The time bad come -whfn juries who had to try such charges muBt not allow their prejudices to be aroused , and their ju . ' jnnenia to be warped by the conduct of the Government . Let them not thiuk that the discontent which prevailed amongst all classes of the peepia arose either from the Chwtista on the one hand , or the Anti-Corn Law League on the
other—{ cheers ;—but let them , as they in justice were bound , lay the blame , the guilt , and the culpability , at the door of the Hoftse of Comraons . tLoud cheers . ) Let them attribute it to that class-legislation which has been the cause of misery to so many thousands of the British people . tHear , and immense cheering . ) It TO for them—it was for the British people—to put &n end to this nefarious and iniquitous system ; but above all things , they were bound n « t to allow the conduct of the Government , or the charges of the Judge , to warp or prejudice their opinion , whilst they were sitting upon juries . Many members of the Government would say that he now was talking sedition . It -was sot sedition—( cheers )—he was only exercising hia right W an EagTsman to discuss public grievances in public assemblies . To snpport , strengthen , and maintain that light be bow begged to _ propose " The Parity of Trial by Jury . " ( It was greeted with loud applause , three tiine » three , and continued cheering . )
Major Revell said be had to propose " The thre « Juries who , in 1794 , acquitted Hardy , Horne Tooke . and ThfelwalL" —( Applause . ) He observed that be bad lived in those times , and that such was the reisn of terror then existing , that those who lived in the prtsent comparatively qniet times could have no , or very imperfect , idea of what then prevailed . This was a period of repose compared with 1794 , bad as things were ; but then if any one ventured to say anything favourable to the claims and rights of nun , he was liable to be insulted , or unceremoniously turned out of company—( Hear , bear . ) Every preparation waa made to pack the Juries , in order to hang the parties accused ; and something like impartial Juries were only secured by the names of persons liable to serve having been put into and drawn out of a bat—( hear , hear . ) He bad the greatest satisfaction in proposing the toast— " The three Juries who , in 1794 , acquitted Thomas Hardy , John Horne Tooke , and John ThelwalL '' ( It was received and honoured with great applause . )
Mi . Coaxes said that he had been complimented with luring entrusted to him the proposal of a toast in honour of the memory of those whose , triumphant acquittal they bad that day met to oelebrate . He bad attended then to show his gratitude to the departed , and to snpport their excellent Ctairman—( applause . ) There TO not in the House a more honest , straightforward , and independent representative of the pevple than the gentleman who did them the honour ' to preside on the present occasion —( cheering . ) In Parliament , he rejected all cold , eonYentional ferns—tfcrewfeg to tha winds all points of minor importance—having nothing to do with party ; he spoke plain truth in a Place whs e truth w ^ rather unfashiuiiable . He wished tbere were mors such members in what by a faction was WHned the People * House of Parliament— ( cheering . )
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In proposing this tout , in recalling the memory of the dead , he could not bur observe that he missed many honest faces that used to appear among them ; and it was painful to know that they bad departed for ever . Still all bad not gone . He rejoiced to behold that Alexander Galloway still lingered among them ; he had suffered mush from indisposition , but it was gratifying to see that he bad so much recovered—( cheers ) . He ( Mr . A . Galloway ) bad not changed , as many others had done , with every changing gale—he had honourably , steadfastly adhered to his principles—( great applause . ) Besides the gratification of seeing among them so old and steady a friend of the cause , it was most cheering to witness the presence of so many young men , ready , he hoped , and was delighted to
believe , to carry on the great work in which sneh men as Hardy , Tooke , and Thelwall had struggled—( applause . ) Those men were , indeed , an honour to their country . Reform had in our time become some * thing of a fashion ; indeed , it required some courage , even in a Tory , now-a-days , to say that he was against all reforma ; but when those men lived , it demanded ranch boldness and virtue of no ordinary character , to avow the advocacy of reform—( bear , bear . ) PiU at that period panted for the blood of the Reformers , and had he succeeded . Parliamentary Reform would have been glared off for an imnsenss period—( bear , hear ) .
He had to propose the " immortal memory" of those who , by their boldness anil courage , had done so much f » r the csnse of Parliamentary Reform—who had been charged , and Home tried , but all of whom were found to be " notguilty "— ( hear , hear )—and whose memories desfcrvtd to be embalmed In odours of never-dying praise —( applause . ) He concluded with proposing " the immortal memory of Thomas Hardy , John Horne T . > oke , John Thelwall , J . A Bonny , Stewart Kyd , Richard HotigBon , Thomas Holcroft , Jeromiah Joyce , Thomas Wardell , Matthew Moore , John Baxter , and John Richter . " It was honoured in solemn silence .
Mr . P . Tkompson proposed , " the memory ef Erskine , the gratuitous and able advocate of the accused patriots of 1794 . " Mr . Richab . 1 ) Tat lor proposed "the memory of the London Corresponding Society , " by whose exertions political knowledge had been imparted to the people of this country . They had advocated full , fair , and free representation ; and what did that mean but" Complete Suffrage ? " —( hear , hear ) . He confessed he did not sympathise with those who were satisfied , because they had the franchise ; ' . here ought to be Complete Suffrage ? < app ! tn ? e . ) Property was not entitled to exclufiivenes 8 ofpof-er ; and as to the land , it had onJy exercised po ^ r&rs to relieve itself from burdens , such as land-tax and legacy duty—( hear , hear ) . A landowning
Parliament hail plundered the people ; it had been an organised body to plunder the rest of the community . That was Ihe plain English of the matter—( cheering and much lan ^! u > r ) . And what hr . d been the consequences of having a landowning Parliament ? Ono in thirteen manufacturers was a pauper ; and one in seven of the favoured agricultural class was a pauper—( hear , hear . ) There were other countries not so happy as this ; they were destitute of the "high" class ; to be sure they were equally rid of the destitute class—( laughter and cheers)—and those countries had got rid of those blessing * called primogeniture ^ entails , ice . securing a more equal distribution of property among children . To be sire , those countries had not the happiness of Tx > sst-8 sing " hishtr orders ; " they had not an
ar istocracy ; so that th 6 y had not the advantages of possfcssiDg the HertfordB and the ¥ raniforts , who did so much to diffuse refined taste and elevated morals ( tremendous laughter and cheering . ) Therefore all questions had their good and bad sides ; so that he feared if they were to get rid of the destitute classes , thsy would also have to und&rgo the loss of euch ^] -vated examples as those to which he h « d allndedi great cheericg and laughter . ) The toast he proposed with great plf-asure . Though ft-w of the society ( which ¦ was fcupprsesed by Act of Parliament !) remained , he had great pleasure in seeing that Alexander Galloway still survived—( applause . ) He concluded with giving " The memory of the London Corresponding Society , " which was duly honoured .
The Chairman added to the toast— " And the repeal of the law that suppressed the society ' —( loud applause . ) Mr . A . Galleway rose to return acknowledgments , but be was so affected by the kind and enthusiastic manner in which he was rt-ceived , that for pome time he was unable to express his gratitude for the notice taken of himself , and the honour done to the memory of the society . He earnestly enlarged on the useful and straightforward character of the society , and the g-x > d iz had done . They constituted a large political school , and they were the first who taught the people the value of political information . It , however , had the misfortune to be largely misunderstood ; and , consequently , it had a large thare of political odium to withstand . It was now . however , well understood , and all who were acquainted with its character and conduct knew that the country , the cause of political information , had been » uch indebted to it—( bear , hear . )
Mi . P . Taylor proposed " Freedom to tradeprosperity to agriculture , "—being doctrines broached by no less distinguished a person than Sir JameB Graham—ilaushter and cheers)—and advocated by Sir Robert Peel—( bear , hear ) Tha corn laws still continued certainly , but all argument in support of them bad been abandoned—force alone now maintained them . Mr . Hod » kin proposed "The memory of Margerot , Gerald , Muir , and Palmer , the victims of an arbitary and vindictive Scotch court in 1793 ; " observing that their prosecution showed how different was the state of poetical information in the two countries . In England the Bpirit of liberty had been assiduou » ly cultivated -, in Scotlani , at that period , it was not . known . And as to juries , they obeyed the direction of the judge . —( Hear , hear . ) A free press did not then exist there ; the Bpirit of liberty was unknown in Scotland at that time . — ( Hear , hear . ) The toast was duly honoured .
Dr . Epps proposed " The Liberty of the Press , " which was rsedved snd honoured with enthusiasm . Dr Sjmpso * proposed " Daniel O'Connelland justice to Ireland . " He did not know any reason why this toast had been placed in his hands , unless it was the fact of his bting a native of Ireland . Mr . Dunbar , the present mayor , and lately member for Belfast , was in the habit of boasting that he had been a Protestant , and that he bad sucked in Orangeism with his mother's milk . Like him , he ( Dr . S . ) had sucked in Protestanism from hia mother ' s breast , but , thank God , it was mixed with Christian charity and love towards his neighbour . Unlike Mr . Dunbar , whose bigotry and hatred of Papists increased with bis years , every day ' s experience proved to him that there was as mnch honesty of purpose and goodness of heart among Roman Catholics as among ProU-stanta . He , therefore , felt unmixed pleasure in proposing the toast .
Coi . P . Thompson preposed " Radical Reform , " which was greeted with loud cheering , 2 k 3 r . Horsley proposed " The immortal memory of Washington , Franklin , and other founders of liberty in the United States . " A Gentleman suggested that they should add Thomas Paine . The Chairman said the toast put in his hand was , " The immortal memory of Washington , Thomas Paine , Franklin , && ";—( applause )— -which was applaudingiy honoured . Mr . H . Patten gave " Civil and Religious Liberty all the world over , " which was honoured with warm applause .
The meeting did not separate nil nearly twelve o ' clock . It was one of irrait interest throughout , and so fully occupied End deeply interested ware the company , that no singing was required to pass the time .
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THE RASCALLY PRESS AND THE THREATENED SPECIAL COMMISSION . To talk of the jnstioe of this country , or the impartial ad ministration of ita laws , has long been a farce disgusting to all reasonable and right-thinking men . But we live in times when faction seems resolved to do its work , and ru 3 h to its own destraction over the trampled remainB of British freedom . We submit the following choice morsel from the Dublin Monitor , as a fair specimen of the reckless and devilish career pursued by the whole press of " the establishment : "—
" There u a report very general that , at the close of tha present term , a new commission will be issued for the tiial of Mr . Feargus O'Connor hnd the other Chartists who have traTersed . It is thought that the Government is particularly anxious to have these cases disposed of previous to the meeting of Parliament As to the fate of ihe accused , but tittle duubi can be entertained , for tnei Jiave excited the strongest prejudices against themselves . The Tories and Whigs rival each other in their detestation of those most unhappy politicians . The first fear them , because they believe that the ultimate aim of tbe Chartists is to destroy property ; the Whigs bate them , because they not only refused to aid in tbe Anti-Corn Law movement , bat did their utmost to render it unsuccessful I have heard some anecdotes relative to their " preachers , " which I purposely reserve for another occasion . "
In this deliberate attempt to prejudge the cause of the doomed victims—this cruBade against the rights of humanity—the whole preaa of the factions , from the Times and Morning Chronicle to the most paltry print which their gold can bribe or their threatening terrify , has done its best to close up the remotest chance of a fair trial for the accused . Let the country note well the language of the scribbler of the Monitor , and let them recollect that the Monitor is par excellence , a Liberal , " not one of O'Cossell ' s tools , but an advocate of liberty ; and yet this Liberal paper joins with the most
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rascally of theJConserrative journals in seeking the destraction of those who are endeavouring to "undo the heavy hardens , and to let the oppressed go free . We especially call attention to the fact that the miscreants of the press are doing all they can to prejudge the case , and to force the jury class into the coming to a verdict of guilty . We hare seen this to be the game for some time ; bat the Monitor has overshot the mark , and will not , we fancy , get much thanks from bis masters for thus drawing aside the veil , and admitting us to a peep behind the curtain , We are told that the Special
Commission is to be issued for the express purpose of " trying Mr . Fbargus O'Conmob , and the other Chartists who have traversed . " So , so 1 the law allowed the victims of malicious treachery to traverse , bat the Government sets itself above the law ; and , by means of a Special Commission , ( for which it is not pretended the state of the country affords the slightest occasion , ) the right of traverse is to be virtually taken away , and those who constitutionally cannot be put upon their trials before March are to be unconstitutionally compelled to endure all the hardships of winter travelling , and all the horrors of winter confinement , if the prosecutors sucoeed in getting a conviction . Well , we live in an age of improvement , and we suppose this is one specimen
of it . Mr . Feargos O'Connor must be sentenced ; ( and he will be , and no mistake , if the efforts of one of the vilest of the vile reptiles of "the race who write" can suoceed in his mnrderous design . ) Bat Mr . O'Connor must have the appearance of a trial , and so mast all the rest ; and , in order to keep up the form of law , while its spirit is being violated , the country must endure the infliction and expence of another Special Commission . The fact is , Government have a ease which will not keep ; they dare not leave it to the decision of even middle class jurors , when calm reflection has had time to operate , so thej will try the Chartists sow , lest when prejudice shall have had time to cool , a verdiot of acquittal might be the result .
That there does exist in the press , and consequently in the minds of the higher and middle classes , of which the press is the index , a prejudice against the accused , is proved by the above from the Monitor . "AS TO THE FATE OF THE ACCU 3 KD BUT LITTLE DOUBT CAN » E ENTERTAINED , FOR THET HAVE EXCITED THE STRONGEST PREJUDICE AGAINST THEMSELVES" !! ! And has it really come to this ? 1 Is the fate of the victims of a political persecution so certain that a newspaper scribbler can predict , with almost certainty , the fate of the accused ?! The constitution
hold 3 every man to be innocent until he is proved to be guilty ; but it seems that reform has reversed the whole affair , and the man is to be pronounced guilty and then to be insulted with the mockery of a trial . Yet , judging from the way in which Government seem resolved to proceed in reference to those who having traversed and entered into the required securities , supposed their liberties certain until March , it does seem that a conviction , with or without evidence , is resolved on ; and the press of every shade of politics is hounding on the Executive of the country to its work . Mark the
secret way in which this infamous scribbler tries to influence the jury class . The Chartists " have excited much prejudice against themselves , therefore the fata of the aocused is all but certain . " That is , in plain English , " the political opinions of the accused are in opposition to the opinions and supposed interests of those who have to pronounce upon their guilt or innocence . These persons are so much the slaves of prejudice as to let it predominate even in tbe jury box , and , though sworn to give a true verdict according to the evidence , they will go poiut blank against it if need
be , in order to gratify that prejudice wkich must bo satiated even at the expence of public odium , and corrupt perjury . " If tho words on which we are commenting mean anything they mean this ; and if there be one spark of real English feeling left in the bosoms of the middle claseea , they will feel aud repel wivh indignation the foul calumny thus heaped upon them . Of course it is not for us to say what will b * iho result of ihe coming trials ; but tto do know that a public prosecutor never came into
• ourt wuh a more despicable or paltry case , and we also know that if the jury do really value- the oaths they take , a conviction upon such evidence is impossible . But the drift of all this is clear enough . Tbe charge if left to itself , must fail ; hence it 1 b sought to make it a party question , and to excite strong party prejudices against the accused , that the verdict which honest conviotion would never give , may be secured by an appeal to party prejudice and passion .
If our readers doubt this , let them look at tho concluding portion of the sentenco we have quoted : — " The Tories and Whigs rival each other in their detestation of those most unhappy politicians . They first fear them because they believe thai the ultimate aim of the Chartists is to destroy property . The Whigs hate them because they not only refused to aid in the anti-Corn Law movement , but aid their utmost to render it unsuccessful . " Come , 1 » Ir . Monitor , this is speaking out with avengeance . The Tories fear the Chartists , and the WLigs hate them . What for 1 Because the first deem them
destructives , and the second find it impossible to make them such . Thus the picture of Chartism as drawn by the oppressing factions is destructive and non-destructive at the same time . And so it i& broadly intimated that , as the Chartists refuse to become the tools of either faction , it is resolved , without evidence , or in defiance of evidence , if need be , to make them the victims of both . There is much in the few lines quoted above which should call up the energies of the people , and make them resolve that the cau ; e shall be triumphant . We have no doubt that " the Government is particularly anxious to have these men disposed of
previous to the meeting of Parliament . No doubt , Government would be extremely glad so to dispose of the causa , as well as the men ; but , thank God , that is beyond their reach . These Chartists being at large , and ready to direct the energies of the people at the opening of Parliament , would , no doubt , be extremely inconvenient to the oocupants of Downing-street ; and therefore all decency mast be set aside , all , even the appearance of " fair-play " violated , justioe insulted , and the ' * majesty of the law" once more exposed to the contempt of the whole country , for the noble purpose of precluding the voice of the people from disturbing the sage deliberations of onr assemblies of Incurables 1
Whit fools these fellows are 1 Do they think that the incarceration of the leaders in factionruled dungeons will still the Btorm or hush the raging of the tempest ! As well might they expect to frustrate the laws of the universe by one of their Acts of Parliament , or by a lithograph missive from their renegade " man of all work , " Sir James Graham . Ne ; Government may be anxious to get all the people ' s tried friends incarcerated , but the day which consigns them to a dungeon
will sound the death-note of faction ; and the people will take care that Parliament shall not rest upon a bed of down while Buffering patriots are doomed to separation from their homes and all they love . This anxiety so evidently displayed by Government , and by the masters of the Government , the villanous middle classes , is an infallible Bign of weakness ; they are falling , and they know it . Hence , in their madness , they catch at anything . But their doom is sealed .
After all , it must be admitted that faction fights hard and dies game . It is a most relentless adversary . Iii its death struggle it can afford to miss no vantage ground , however cruel or dishonourable the mtans of its attainment . If the purpose of the authorities be rightly eurmised by the Monitor and its co-mates of devilism , there ia much in this arrangement whi h bespeaks the vigilance and tho anxiety of faction . Much that shews the fell determination of the factions to " put down the movement" at all risks .
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It was known that arrangements were being made as fast as the crippled resources of industry permit , for the raising of funds for the defence of the accused , and for the maintainanoe of their respective families , when the jurieB "have done their work . " This , the scoundrels for whom the whole of •^ Established press" write , would regard as aa evil of no small magnitude . The struggle is for life !; it is to put down Chartism ; this could be effected probfcbly with more ease if the provision of the people for its "doomed" advocates eould be interfered with ; and hence the determination
for a grand effort to get them into gaol now , and starve the victims ia prison , and their families out of it . This triumph the rascals must not have . The whole country must now arouse itself , and funds must be instantly raised both to meet the expence of the ensuing trials , and to provide for the victims and their families , while enduring tha privations and sufferings inflioted by the wicked administrators of class-made law . Let active Committees be at once formed in every locality . And let not the members of oar association be alone called upon to aid in this cause :
but let every shopkeeper or tradesman , especially those who profess to be Liberals , be solicited ; and let tbe Chartists adopt , as far as it is practicable , a system of exclusive dealing . Let / for this once at ell events , the pipe and pot bo abandoned . Let him who thinks it hard to be deprived of his pint of beer , reoolleot that the threepence be pays for it might procure bread for the famishing child of a class-made viotim of oppression . We see in this persecution an infallible test of principle . Let no mau who indulges himself in an unnecessary gratification at a crisis like this , dare to profane the name by calling himiiiiB MJia , \ ituo » u ( jruiojie mjo uniuo uj uaiiuig
uiuiself a patriot . This is no time for talking but for action . Make a bold front , and the reptiles will shrink from you with a humbling sense of their insignificance . But be supine aud negligent ; let them see that they can condemn your best friends to slow murder with impunity , and you may rely upon it , the sentence of condemnation will be of no sparing character , while you yourselves will be the next victims , until not a vestige of your boasted liberty remain . If the people wish to gain their rights , let them them prove by their aotioHS that they are worthy of them .
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influenced by other motives , which they kept a secret from the parties , afforded the strongest presumption of corruption . " This reasoning mast hare been conclusive to any Jadge on whom reason could make any impression . But it was all lost upon Mr . Justice Patteson , who has evidently made up his mind to sanction any stretch of power or perpetration of injustice , provided the offenders be Magistrates and the victims Chartists .
" Mr . Justice Patteson observed , that upon the statement of the Learned Counsel , there appeared to be no evidence of any corrupt motive having influenced the Justices in thoir conduct That be did not mean to state it as his opinion that the conduct of the Magistrates was at all proper in the circumstances . The question upon the present application was not whether the Justices were jaustifled in what they bad done , bat
whether they were eo manifestly influenced by partial and corrupt motives as to be liable to tbe peculiar . ind extraordinary proceeding of a criminal information . Before be ( Mr . Justice Patteaon ) granted such a rule aa tbat which was now applied for , he must be satisfied of the corrupt intentions and motives of the Magistrates by such conclusive and satisfactory evidence as he could not perceive to exist in any degree in the present instance , "
And then , having thus declared his inability to discover that , which is clear beyond dispute to any unprejudiced mind , this decider upon the conduct of his fellow-men , and who is in the theory of the law supposed to be counsel for the prisoner , and is said to be bound to make prominent every point in his favorf proceeded to institute one of the most villanous comparisons which ever disgraced the bench of justioe" The very thing which the magistrates had done in thecase in question had been formerly done in this court by a learned judge , who rejected a person who was tendered as bail , and who was unobjectionable in reference to the necessary amount of pecuniary qualification , bat who kept a gambling house . "
To which vile attack upon the characters of honest men , the council for tha application most promptly and properly replied that he "Submitted to his Lordship that there was a great difference between rejecting a man as bail because he kept a gaming-house , or waa otherwise liable to the criminal justice of the country fpr having committed some indictable offence , and rejecting hini for no other reason than hia conformity in political opinions with the party for whom he was to be " bound . "
What the Learned Jadge might think of this , it is not for us to say ; but we do perceive what the people , who are taunted with their ignorance and brutality , will both say and think about such a villanous comparison . It might be , no doubt , an excellent reason for refusing a man as bail who kept a gambling house , or even a man with the habits of the gambler ; because however rich he might be at any given moment , he might become a beggar within the next half hour . But are men such as these to
be classed with the honest entertainers of political opinions , however unpalatable those opinions may be to those in authority ! Thi 3 disgrace must be wiped away , and will be when the people , feeling as they ought to do , their accumulated wrongs , resolve to obtain their rights , and place those whose province it is to administer the law , under the control of publio opinion , by making them really responsible to a freely and fully chosen Parliament .
One thing is clear beyond question , that is , that if the doctrine be admitted that the magistrates may refuse bail quite unexceptionable on such grounds as these alleged by the ] Stafford authorities , the holding mea to bail is a ridiculous farce , and the liberty of the subject a mere name . It is certain that , in a majority of cases , an accused party must look for sureties amongst those who are of the same opinions as himself , and if this is to be deemed a sufficient ground for refusal , then we may as well be told at once , that it is resolved that no Chartist shall ever be allowed bail . This is evidently , what is intended ; and the sooner the doctrine is officially promulgated the better .
Another inference from this oase is not to be lost sight of . If , on . such grounds , bail may be refused before trial , it may also be refused in oases where Bureties to keep the peace are required after the expiration of the sentence . It is no uncommon thing for the Judge to sentence a political offender to a term of imprisonment , and then to find bondsmen in a considerable sum for his keeping the peace £ o > » Lwaath of time » fkoi-irardo .
Now , if Magistrates , may thus act in reference to bail , the transition is easy to the bond required after conviction ; and then it will be in the power of any malignant rascal in the commission of the peace to iijflict imprisonment for any length of time he pleases , by merely declaring that he is not satisfied with the security tendered on the part of the
prisoner . Let the people look to it , for in it they are most deeply interested . There is a deep and deadly , hatred to liberty in the bosoms of all in authority . The movement is to be put down at all risks , and no method , however unjust or tyrannical , will be left untried to accomplish that object . The factions will do their worst in crushing public opinion ; if the people do not do theirs by a bold , manly , and determined , but peaceful resistance to the nsurped authority of their rulers . Let , then , onion be our watchword , and by union let us regain our rights , and give a blow to the oppressor from which it will be impossible for him to recover .
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THE QUARTERLY BALANCE SHEET OF THE EXECUTIVE . This important document will be found elsewhere inserted . We call to it the especial attention of all members of the General Council , and , indeed , of all members of the National Charter Association . We hope that every man will read it carefully , and that every man will refer carefully to the plan of organization , and read them together . Wise , active , and honest publio ! servants always thank the people for
the exercise of vigilance . Nothing ia bo necessary and especially at this time , an that the people should look well to the conduct of thoBo who have the guidance of their movement and the control of their funds , giving honour to whom honour may be due , and according such censure or admonition , as may serve to keep every foot in the strait and straight path . If the people have a fault , it ia that they are frequently disposed to be too remiss in surveillance , whereby small deviations from tight prao-
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tice , too often grow at length into frightful aberrations from principle , which compel them to east off parties who with better watching might have long continued to be good and useful servants . We have neither space not time this week for the directing of attention to many items in this document which we think specially deserving of regard . Whether wa may do so next week or not , we trust that the people will at all events make themselves intimately acquainted with it ; that they will read it carefully along with the plan of organization , and observe strictly the degree of faithfulness with which tho
funds passing through the hands of their acknowledged servants have been appropriated and expended in accordance with its provisions . We think the Executive have aright to require this of them ; it ia well and necessary to exhibit palpably the contrast between the mode of management adopted in like matters by the factions over whom the people have no control , and by their own appointed and responsible publio servants . Nothing tends more forcibly to illustrate tho value of our principles than the comparison between reckless class rapacity and stem democratic honesty .
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Robert Tubnbdll . — -The flaming "professor" who ' ¦ told him that to die of hunger teas one of the greatest blessings of Christianity is afooU and something more ' Wm Cbany . —That is the right way to meet the " plague " -men . Argument isjwt the thing they don ' t like . F . Popplewell . —We have another long letter from W . P ., this week , which occupies all the space we can now devote to the subject . We will try to find room for him next week . The Executive . — We give the tellers of T . M . Wheeler and Mr . Watkins , omitting from the latter one sentence . We hope our friends loill
always try to conduct their discussions in good temper arid without asperity . Where all are honest and mean well this is important . Dif-. ferences of opinion will probably always exist among us—nor is it desirable that it should be otherwise : the great thing to be minded is to express our opinions without using unnecessarily offensive terms , and to give all good men credit for good purposes . A . G . —His question was answered before . He must pay the rent and taxes to secure the settlement . Wm . Blaee . —We cannot give him the informationuhe seeks with so much precisehess as ht
seems to require . 'Tis not easily found out . Evan Davies . — We believe that Mr . Edwards does nut give anything to the Executive . Samuel Glarke— We have no information on the matter . He must address the Treasurer . Joseph Morgan . — We have no room . Ducxeotield . — We have not room for the long printed address sent . G . A . N ., Sheffield . — We have no wish to question the warmth or sincerity of his patriotism ; but we cannot insert his letter . The day of hard words and strong epithets has gone by ; they are lost upon the factions , who only laugh at them , having no sense of shame ; and they are calculated only to e » cite in the people a blind fury t which does much harm . We perfectly and heartily concur in his urging upon the people ihe duty of alleviating , so f ar as they can , by sub ' scribing money for the purpose , the sufferings
of those who have expoted themselves end families to the brunt of battle on their behalf . This is what the people ought to do , and what we cannot suppose they will omit to do . We are aware that there is much poverty in the country t and that people need all their money to procure the most ordinary comforts for themselves ; but we cannot suppose there are many Englishmen who will for a moment hesitate to sacrifice something , even of their scanty necessaries ^ to aid those who have boldly and benevolently braved on their behalf much greater matters of endurance . Wm . Porhitt , Bolton . — We have no room . Wm . Lond , of Red- Lion-street , Richmond , Surrey will feel obliged if Mr . Joslyn , late of the Lambeth locality , will communicate his address , as he CMr . L . J has something of importance for him .
Bacup . —Any lecturer mtendtng to vistl Bacup must communicate with the corresponding secretary s James Pinkerton , to the care of Anthony Marsden , Temperance Hotel , Bacup , and await his answer , otherwise his services will not be accepted . Bbadfohd . —The person who has thit week sent ut a lot of news from this place will save us much trouble , and himself a great deal more , if he will not cut his paper into such small odds and ends . ¦ . ¦ . . Robert Rahudkn , Saefobd . —Leach teas perfectly right . " I WILL HAVE MERCY , AND NOT SACRIFICE . " shall
appear . Nathaniel Morliko will see that the P ^ . to Mr . Campbell ' s letter , in this week ' s Star , has made his letter unnecessary . James Maw calls loudly on the Chartists of Durham and the North Riding of Yorkshire to bestir them on behalf of Ellis . P . O'D . —His report of the lecture and discussion is not of a character to suit us ; having no efficient notice of the lecture , only one of the discussionists being reported , and no result of the discussion given : we thank him , nevertheless , for his good will . Wm . Foster . —Yes .
Will Mb . Wm . Thomason , lute of the Vale of Lev en , send his present address to John Millar , bookseller . Bonhill , as he wishes to communicate with him ? The Hull Councillors wish to correspond with Mr . West , late of Derby County Gaol . The Letter of Mb . John Campbell in his own Defence . —We feel some apology to be due t « our readers for having , by the insertion of this letter ^ permitted our colums to be again polluted with a name which we hoped never again to see in them . The unprecedented villany and brutality of such an attack upon men circumstanced as Mr . Campbelt and his fellows are , must furnhh our excuse . It was natural that Mr . Campbell should
feel it . His letter is temperate , mild , and gentlemanly , and by these very qualities , places the hideousness of * the thing in a light so prominent that none but like "things can avoid loathing it . We have received many communications upon the subject , exhibiting a spirit of indignance among the people ' , and many resolutions of meetings holden for the expression of opinion on it . To prevent disappointment , we may as well at once inform all parties concerned , that we will have no more of it . The people may meet if they like ; we
think they may find much better occupation for their lime ; but that is their affair , not ours : we have certainly much better occupation for our space ; we know no mat to whom we would have permitted any allusion to the matter in our columns but Mr Campbell , and we except him only because of his peculiar position , station , and circumstances . To all other parties we say that it is perfectly useless to send here one word about the starved viper or his stinking cess-pooL We will not permit them even to be named . Samuel Walton , Todmoeden . —Write only on one side of your paper for the future .
The Northern Star. Saturday, November 12, 1842.
THE NORTHERN STAR . SATURDAY , NOVEMBER 12 , 1842 .
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EXCESSIVE BAIL , AND THE STAFFORDSHIRE AND BIRMINGHAM MAGISTRATES . In another part of our paper will be found a letter from Geouok White , and also a report of proceedings in the Bail Court , before Mr . Justice Patteson , in reference to the refusal of bail for Mr . O ' jN ' eil by the Staffordshire authorities , to both of which we beg to call the most serious attention of all our readers .
The proceedings of every day tend more and more to convince us of the intolerable nuisance of class legislation , and of those institutions by which it is fostered and supported . The most glaring injustice is constantly perpetrated by the local magistrates , who have , in general , been pkoed in the Commission of tho Peace , not because of their fitness for the important duty of . administering the laws ,
but because of their strong party bias , and their ignorant and [ rancorous hatred to everything bearing the shape and semblance of popular freedom and independence . That this is the case in Birmingham , no one , at all acquainted with the constitution of the Bench of Magistrates in that town , can for a moment doubt ; and the infamous proceedings in reference to poor White prove that their Worships have no regard either for law or justice .
White tells a tale at which Englishmen ought to blush that such a system of flagrant injustice is suffered to exist in a land calling itself free , and boast < ng of its Christianity . After stating that he had received two letters , one of which was from tbe prosecuting attorney , informing him that eight sureties in fifty pounds each were required ; and the other from a friend at Bath , stating that libur in a like amount was demanded , ho proceeds : —
" I sm unable to say which statement Is correct ; but this I know , that the names and residence * of nino sufficient persons wrre handed to Mr . Griffiths on Wednesday last , and on Friday he delivered bis decision to my friend to the following effect : —Messrs . Nurse and Hemming were accepted ; and Messrs . Taylor , Watts , Corbett Follows , Wright and Moule were rejected . Another gentleman , named Gratfcm who 1 b a press-tool maker , is not yet decided on .
" From the conduct of the Birmingham Authorities , it is quite clear tbat they an determined to keep me bere until the Assizss . From ihe time of my arrest to the present moment they have acted basely towards me . At tbe conclusion of my examination I applied for bail , which- was granted , the Mayor informing me that he should require two sureties in one hundred pounds each , which , he said , would do for all tbe three indictments . I bad then two respectable freeholders in court , who were well known to be worth ten times the amount , waiting for the purpose of offering themselves as my sureties , and informed the magistrates that I was then prepared ; upon which they aatd they must have fortyeight hours notice , although the two persons were as well kown as any in the town .
" In ten minutes after , I was homed off to this place , a ] distance of twenty-one miles from Birmingham ; and for some reasons , best known to the magistrates , the men who came unsolicited to tender bail for me , afterwards declined . The u « xt time that my friends applied they were told that four sureties , in £ 100 each , would be required , and the Governor of this prison afterwards informed me , that from , the manner in -which the commitments were signed , he should
require six sureties in one hundred pounds each , and that the Mayor must have known it from thr . first , he being the person that signed two of them . They have sincu then refused about fourteen shopkeepers and tradesmen , who are worth a vast deal more than the amount required ; and I am informed that the policeman who was sent to inquire into the qualification of some of those who gave their names as willing to become sureties , threatened aud bullied them about being Chartists . "
Certainly no man in his senses can doubt that the Birmingham worthies are ordered to inflict as much hardship and suforing on their victim as tbeir fiendish minds can prompt them to iuvent , and their power enable them to execute . But . it is part of the system , and will continue until the system itself shall have ceased to exist . That the magistrates , though conscious of violating the most sacred rights of the subject , are encouraged to do so by the certainty of being . shielded by the higher authorities of the law , is proved by the proceedings of the Stafford Justices , in the case Of O'Neil , who waa arrested on a charge of attending an illegal meeting , land after examination was
committed for trial , but as the law required , held to bail . Bail of the most unexceptionable character was tendered and refused , because they held , or were supposed to hold , similar political opinions with the accused . After considerable delay this monstrous proceeding was set aside on an application to Judge Tindal , and the bail at once acoepted . On this a rule has been applied for to compel the justices to acting to Bhew cause " Why a criminal information should not be filed against them for having illegally , partially , and corruptly refused to accept bail upon the part of O'Neil , there being no objection made to the persons tendered as bail except that they were alleged to be of the same political principles which were professed by O'Niel himself . "
No one , we should suppose , could for a moment doubt the propriety of this application . It is as clear as nooa day , that the magistrates were actuated by party motives in their refusal to take bail , and as the Learned Counsel very properly argued : — M That , as in general , it would not be supposed that persons in the situation of O'Neil could procure bail from anY otner clas 3 of persons except those who sympathise with his political opinions , it would be a mo st formidable doctrine to lay down that a Justice of the Peace may refuse bail upon the ground of their political opinions being the same as those of the party for whom they proposed to become sureties . " And
that" It would not weaken the grounds of the application , as the Justices had no right , to alter the measure of justice with any reference to the politics of the parties ; and if they ( the Justices ) had soldy acted from political causes , it was impossible for them to contend that they were free from the imputation of partiality ; whilst it may be said iu addition that the fact of their declaring that they were ¦ I ' ' ¦ ' "
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After the above article had been printed in our first edition , we received the London papers of Thursday evening , and from them we learnt that at the sitting of the Court on that morning , the Learned Judge ( Patteson ) had given his judgment , and granted a rule for a criminal information against the two defendants . We shall now see what answer they will make to the allegations against them .
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THE STURGE CONFERENCE . The people must not let the multiplicity of th& urgent affairs on hand prevent any of them from being duly attended to . Cool heads and even tempers do much work with little bustle . This is the spirit we want to see among the people : it is worth all the bluster and rant and botheration of all the mob orators in the world . The feelings of the people may be well and usefully appealed to , aud their spirit stirred , in new districts , where our principles may be imperfectly understood , aud where an apathy to politics consequent upon an ignorance of their value may prevail , but where oar principles are well knowu , where they are rightly understood , and the
only question is , " How are they to be made operative ! " the faoulty in requisition is cool vigilancethoughtful and constant watchfulness—which turns all circumstances to account . Hence , therefore , while looking to the victims , and preparing for the trials , let not the Conference be forgotten . We bad purposed to say something more upon it this week ; bat , as Mr . O'Connor has written on it , we refer our readers to his letter . We intreat them to read that , and to read our article of last week , and to mind the instructions given . We warn them that if they are not watchful , they will be u jockied ? while the Conference may be made " a great card ' for the movement , if it be but " well played . "
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The Portrait of T . SuNceiiBB will be given to all our Subscribers on November 19 tb . They will be in the hands of all the Agents by November 16 th ; The charge for the Star on the day the Portrait of Duneombe is distributed will be the same as the charge for it on the day the Petition Plate was delivered . Yarmouth . —No : it was another person of that name J . Walker , Cam ? sie . —Not strictly : can upon Mr D-ivie , and see if you can arrange with him . Duncombb . —Yet . FOR THE NATIONAL DEFENCE . FUND . £ . S . i . From Bristol , per Simeon ... ... ... 0 S 8 „ a few friends at Bocking , Essex ... 0 10 0 .. a few friends , Coggleshall , near Kelvedon , per Samuel Harrington ... 0 6 8 ~ a lew friends at Cockermouth , per T . Nixon 0 5 0 — Hull , per Mr . Wall ... ... ... 0 3 9 ~ Hull , per Mr . Padget ... ... ... 0 2 0 ~ J . H .. Leeds 0 O 3 ~ . a poor woman ... ... ... ... 0 0 1 .. E . Pybus , Leeds ... ... ... 0 1 ,, a few Subscribers to the Northern Star and the Evening Star , Bradshawgate , Leigh ... ... ... ... 0 3 0 ~ a few Chartists at Golbourne ... ... 0 8 0 < . Holbeck , per J . Davies ... ... 0 2 10 M Shrewsbury , per E . Jones ... ... 0 12 6 ~ the Chartists of-Sowerby ... ... 0 7 0 ~ the Triangle , at Sowerby ... .... 0 8 0 ^ Yarmouth , Norfolk , per W . Trosey ... 0 11 0 „ the CiiartUta of Satton , near Sklpton in Craven , per Wm . Foster ... 0 5 0 -. a few Chartists . Blngley ... ... o 5 6 .. Binglejr , ( trans / erred from Contested Seats'Fund ) ... ... ... 0 16 6 „ a few friends at Rochester and Stroud 0 8 0 „ a band of brothers , Shettiestone , near Glasgow ... ... ... ... 1 00 ,, Mr . ForJ , and N . B ., per Simeon , Bris tol ... ... ... ... ... 0 1 0 .. Bramley , per Wm . Smith ... ... 0 3 1 „ the Chartists of Aston-street , Birmingham ] ... ... ... ... 0 18 0 „ a few friends , Berry Brow ... ... 0 6 0
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4 * THE NORTHERN STAR .
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Citation
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Northern Star (1837-1852), Nov. 12, 1842, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct624/page/4/
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