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    { Continuedfrom our Sixth pagcj Sun of Seed aatl Co . having reduced the "wages of their nneatives , and treated them ^ otherwise in a most tyjgnJoical manner , they all left in a body , and hands vere -pioenred to supply their place from the voriv ^ 5 B ] fix mBes off . Among tliese -were seteral crip-^ jje ^ -wto tad to be carried in a tsx-cart , belonging to ivginllloTOers . On the 23 rd , 24 th , and 25 th of Daeeffiber last , the 25 th being Sunday , they were worked hy these monsters in human shape thirty-two hours , ina * osJy sJloirea tturteen bonrs and a-hatf for rest If aese tninss "were done with the consent of ttiB Poor

    jaw Conunisdoners , it "was time their authority should je abolished , and the act which gave it to . them repealed- Be felt strongly upon this subject , knowing Ike locality where these transactions had occurred , ana fcsTiiig been is communication with the parties ag . ynsTec - 11 the Bight Hon . Baronet had seen these fetched creatures in the state he saw them , applying far protection before the magistrates , he was sure he TJml 3 haTe felt compassion for them , and been of op inion iha % the Poor law which sanctioned such proceedings was a disgrace to the country .

    Sir J . Gbulham was prepared to give a qualified jsent to the motion , hut deprecated the strong , harsh , jjjd BBJustifiable language which had been nsed by the jgai . gentleman , which he thought "was quite inconsisjgnl -with the legitimate principles of freedom of debate . ¦ jje could not consent to retain in the motion the werds » correct , entire , and nnmntilated . " Such expressions conveyed a direct insinuation that a public office from irfcica the return ' was expected was in the habit of jsrbling or returning inaccurate statements to the Sense . It therefore , the bon . gentleman did not withgn » w those words ha should oppose the motion : He 5 PS 3 Tinabls to procure a return of the letter of Mr . H . Greg , nsither original hoi copy being to be found w ^ obr the records of the Poor Law Commissioners

    It was , i £ & # > private letter addressed to Mr . Chad- ! yicfe . The Poor Law Commissioners did not possess ' gjUier the original or a copy . Jlr . A&hworth : s lBtter : yjs jn the possession of the Poor Law Commissioners , \ sjifl ne was ready to consent to its production . With j jespect to the next return , as to the number of persons j ¦ sho were removed from their parishes in the agricul-j ksal into the manufacturing districts , under the sane- gon of the Poor L 3 W Commissioners , it was impos-£ ge to state the amount o ! the wages they thBn ' jKeiTed , or their present residences , employments , and fsses . Ttere were several items in that motion of which it wonia be quite impossible lot him , on the part rfjhePooTLsw Commissioners , xo promise a return . "Ever ? thing that was really material , and that could be -jjnu ^ shea , i 3 d already fcsen presented to tbe pnbBc in ggPoor Ls « p Commissioneis' report of 1836 , p . 448 , !

    Tiere the Bon . { fcatleman would find a statement jsadsbj Hi . Mnggriflge , thB Assistant Poor Law Com- jasamie * , ^ Jn this tubject- In the report of 1837 there ns also a farther statement on the snbjtcL He ( Sir j . Giaham ) was ready to fnniish any information that is was able to obtain . With regard to the returns jEspeciing the dietary of ihe Belper and Derby Union "Wtaihonses , he would not feel any difficulty in laying them on the table of the Hense . As to the last motion -of thB Hon . Gentleman , he begged to inform him . that fhe Poor Law Commissionera were not cognizable , directly or indirectly , of the transaction to which he TeJened . If any such transaction had taken place , the Cozcnasaoners were entirely ignorant of it . He must demur to granting these returns , unless the Hon . Gentleman consented to withdraw the expressions " cor- lect , entire , and "nnmntilaied /*

    3 Ir . M . GiBSOXsaidhe would not haTe troubled the Mouse , if the Hon . Member for Knrtresborough < Mr . Penssd ) had 'Bot made statements which would go forth to the public affecting parties who had no opportunity of giving the same publicity to the contradictions * b would be afforded to the accusations . He thought it tkj desirable that such dislogistic terms &s the Hon Hemberhad introduced should be omitted from motions submitted to that House- The Hon . Member from Snsresborongh had asserted that persons were " Jddnspped , * and induced to go from the agricultural into f » je manufacturing districts by the promise of conditions which had not been fulfilled ; but he was convinced that a Mr inquiry would show the erroneeusness ef this statement . The hon . gentleman had now , as he had on

    farmer occasions , made assertions which were not sub- j stantisted . ii&z . Ferrand . — " Name , name ; " and cries of" Orders . He would not go into the question now ; ] bstbe thought the hon . gentleman should be cantions in : firing currency to such unmeasur&d censures upon in- ' dmdnsls . With respect to one statement of the hon .: gestlfmRTi he might observe , that agricultural labourers ' had bees removed into the manufacturing districts , be- csass in those districts there had been an increased j iacana for labour , which was coincident with a oinnnidiei demand in the agricultural districts . He j belirTed that if these labourers had not gone from the : scdenltnraJ to the manufacturing districts their places wonJd hsTE been supplied by Irish labourers , and ! f 1 ; ; ¦ 1 j ; , I

    ibis would hscrs iad a sfiQ more depressing effect . After the agricultural labourers were transferred to the j xaimlactBring districts , there was a rise in the rate of ' , tsks , and they received larger weekly wages in the iBSssf&cturing than they would have done in the agri- ! CEltcnl districts . He wished , however , most directly j to contrniic ' . the Bistement that there had been any j " Jg&rappiEg , " or lhat the conditions in which these i persons Were transferred to the manufacturing districts ! had not been fulfilled ; and he theught the Hon . ; HenVber ferKnaresborongh ought rot , especially before ths returns for which he moved were presented to the House , to nsate statements involving' ^ anch serious charges . —ibsar , hear , from Mr , Ferrand ) . ' ! j i

    Dz . Bottrtsg said , th 3 t one of the gentlemen to i whoa the Hon . ilembei for £ . oaresborough had re- ! fared was a personal friend and constituent of his ; i ind , having on several occasions visited that gentle-. man , he ( Di . Bowring ) had had an opportunity of noSdag the condition of the labourers in his employ , i He conld ttste that many of the persons who 2 iad been ' transferred from the agriculturist districts blessed thB dsy that had seen them removed from a state of great , ^ stress to a conflifion of comparative ease and comfort , j Be would refer the Hon . Member to the statements of j Hi . C Taylor , who , in the acconnt of his visit to the Esnufactoing districts , repeatedly noticed the comfort and hsppiness of ths workmen employed by Mr . Ash-¦» octi . He recommenced the Hon . Member to be csuSou 3 how he indulged in these vituperative attacks , j Mr . Fe&hasd , in reply , said he had referred to the i

    caK of a insnuraetnrer wh » was convicted by the magrates in penalties amounting to 125 i ., and who had worked his hands from half-past 8 o ' clock en &tnrdsy morning till Sunday afternoon at 4 o ' clock Uow , tm this man a monster in human shape , or not ? He ffia not feel himself jnstified in withdrawing this Expression ; and he was sure that no hon . member would like his children tn be worked as heavily as this fflan had wmked those whom he employed . He regretted that thfc hon . member for Manchester ( Mr . Gibson ) abonia hare repeated to-night a statement he made a few evenings ago—that he ( Mr . Ferrand ) made assertions rattsth&nse which he had "been unable to prove . He tialleEged the hon . member , and any gentleman on the ^ PPOEtesde of the house , to adduce a single instance iawHtiv he had made assertions which he had not ** a able to prove .

    -H * . Gibsos said the Hon . Member for E-aaresbro ' om made charges against the Hon . ilember for Stock-| crt fMi . Cobden ) which hehad not substantiated . The Sot . Member had also made charges against manufacturers connected with the Anti-Corn Law Leagne , that tt « J « ers Hperaally the supporters of the truck system . -Bat against whom did the Hon . Member prove this B-srte in the committee he obtained ? As far as he P « . GIb * cn > was aware , the charge was not proved a £ uBstany Member of the Anti-Cora Law Leagne ; it * pprored only against two manufacturers in Lancakets , who were of Conservative polities , and opposed » tbe League . 2 hs quesdpn hsTing been put , Mt i ^ jtSASD expressed his surprise to hear that the r ^ k ^ siem was proved against only two znanufac-WKQ in Lancashire . He could taU the Hon . Member « & . itwaB proved » gianst scores of manufacturers in isacasMre .

    &e returns , 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 ihe Low-mill , Addingham , " tfeB WeEt Riding of Yorkshire , and tradiDg nfidtr ^« m of Seed and Co ., upon the information of Mr . bert Baker , InspBctox of Factories , for having J ^ fn thar mfll hznos on Friday , Satnrday , and . r ™? y » tbe 23 rd , 24 ' 2 i , and 25 th days of December «^ an Tidaficsn of the F ^ clories Act S ^ J- GbahaS brousht in the Registration Bill , *™™ Tftsread a first time , and ordered to be read a *« &I thus on MonflEy uext «*¦ 3 L Sr ^ rros brought in 2 ie TnmpikeKoads Bill , ;™» was rsad a first time , and ordered to be read " a ^ tt&a tameon Menday . o ^ £ i Bou e ^^ adjourned at half-past twelve

    TUESDAY , F 2 B . 21 . . ^ t , ? ' ^^ combe presented a petition , agreed teat Piuac jntesnj of tho inhabitants of B » th , praying " «« qmry into the confiuct of Lord Abinger when i ^ HBcing st the Special Commission . -Jtt Fxsbasd presented a petition from b band r ^ esTer of Manchester , stating that he had been j ^ OTai by the power-looms of the means of earning ^?* M i and praying that thB House Tronld grant pro-COXDTJCT OP LORD ABINGER . 5 ^^ 5 n Pecheli presented a petition from certain j TT *^ t » of Brighton , praying ttiat an inquiry might jg f ^ ed into the condnct of Lord Abinger at the ^^ « Hie late Special Commission j and that if the r * p&ons against him were proved , the House -would * a address to her Majesty , entreating her to SZL" 9 ? 31 her severe displeasure the Lord Chief order keep jndidal bench pure

    ^^^ m to the and : **> & £ ? " P ^ coxbb said he rose in purniance of the « f 5 »» - vJw ?^ ^ » ^ d . in compUan ce with the wishes S ^ iS iK > dies oi * & * countrymen expressed to him , to ^ 'i&en ? a Pai 1 ^! duty to the pnblic , by calling the - T ^ iS *** Bc -use to the manner in which the 2 J 2 ^ P ° ? ^^ ng" discharged his d uty as a Ct oHZ ^^ fete SP ** ^ Commission issued for the ^«» of Lancashi re and Cheshire , In asking the "eaaon of the House to this subjects he did not prefer -v wjam oahis own account , bathe implored it on the

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    part of millions of the unprotected , unenfranchised poor among then- fellow-subjects . He was satisfied he should not make this appeal in Tain , especially when he considered that in former days , if there was one subject more than another on which the House of Commons tad been zealous , it was the administration of justice . Their first object had ever bten to keep that pure , and to watch the manner in which thB judges appointed by the Crown held the scales of justice between the prerogatives of the Sovereign on the one hand and the rights of the people on the other . N » w , the charges he had to make against Lord Chief Baron Abinger ' s eondnct on the special commission were , that he had dis&argeid his duty in a manner that was partial , unconstitutional , and oppressive to those who were brousht before him—that

    he discharged it in a rancorous , snalignant , political , and party spirit to the prisoners who were placed at the bar of the court over which he presided . During the last session of Parliament a case connected with the administration of justice in Ireland was brought before the House , by the Right Hon . and Learned Member for Dangarron , 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 tha Crown 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 conduet of the Lord Chief Baren . He knew not whether honourable gentlemen bad forgotten the

    feeling raised among the pnblic—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 Ihe evidence in several cases , as welijas the sentences which he passed on the unfortunate prisoners . The House might have forgotten the feeling that then existed ; but , ai all events , if they had , he sbouM feel it his duty to refresh their memerjes , and he knew no better means of testing public opinion , and ascertaining its direction , than by showing what was the opinion of the puilic press on this occasion . If that press were at all a reflection cf public opinion , or if there were the most distant foundation in truth for the articles which then appeared in its organs , he said It

    •! ! * ; < j ' I j j i i wonld become the bounden duty of that House to instii tute 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 , i Chartist , high church or low church , which approved | of the conduct of Lord Abinger on that oceasion . He I must say that the manner in which tbe pnblic press ! treated the Chief Justice Tindal on the aame occasion , -was highly creditable to them . If he had a d 6 ubt as j to the view lie was about to take of these chargtB , and ' , of the conduct of Lord Abinger , he need only quote a I . passage from the Times , which condemned the charges i of Lord Abinger in the strongest terms . In the first ! place he might observe that every portion of the

    j i I i ] . j ' ] ! i \ ! press , whether daily , periodical , London , or pro-\ vincial , was loud in its censure and in ini vectives agiinst the conduct of Lord Abinger . j What said that wfcich was called the leading journal ; of Earope ? Had it a a word to say in favour of Lord j Abinger ? Having contrasted the charge of the Lord j Chief Boron with that of Chief Justice Tindal ; the ' writer proceeded : — " Speaking constitutionally , 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 I the common law of England . " In another article pub-; lished in the Times , in which comments were made on | some speeches delivered at pnblic meetings , which he ] ( Mr . T , Doncembe ) attended , and where tbe charges of I Lord Abinger were severely condemned , the writer , ] havin ? found fault with those speeches , said—• ' We

    j must guard ourselves from being supposed to express ; an unqualified opinion of all that Lord Abinger has 1 said or done in the performance of bis trying office . ; We are inclined to regret tbe severity ol some of those j punishments with which be has visited many of the ; subordinates in this ill-judged and ill-fated rising . We j regret that acts , scarcely amounting to tumultuous l begging , and with no proof of violence , should in i these exciUd times have been visited with transportation , ! which , as in cases of robbery , has been awarded . " Taking ; the other side of the question , he would refer to the } language of tbe Morning Chronicle . [ Here Sir Robert i Peel smiled . ] The Right Honourable Baronet nricht

    | smile . He unhesitatingly dared to say the Right Honourable Baronet did not approve of all tbe sentiments expressed in tbe MorniiiQ Chronicle , any more than he did perbapB always approve those of tbe Times . The Mormng Chroniile said , after the opening of the Liverpool sittings : — "If the sentiments attributed to Lord Abinger in reports of his previous cbarees aT » objectionable , those attribnted to him in this last charge are infinitely more so . Indeed , we can hardly conceive it possible to cram & greater number of questionable—! nay , absurd propositions into the same spaca . We pass over the insinuation levelled at the Anti-Corn Law League in the allusion to the ' schemes of persons who considered that a general turn out might be advantsgeous to their peculiar political objects , " 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 3-indal , he should equally have commanded our approbation . But the Noble and Learned Lord has chosen to qnit that path in which he could tread securely , for one in which his gait is most unseemly . It is not for a Judge to propound from . his judgment-seat doctrines of a questionable character ; and if any one Judge is less than another entitled to dogmatise on subjects such as those we have noticed—it is L * rd Abinger . When in the Honae of Commons , he was never able to rise to the level of any general

    question , and in ihe House of Lords he has never distinguished himself by the comprehensiveness of his views . * ' The Morning Bei < dd spoke on this subject as follows : — " We doubt whether the mode of giving 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 ont of the records h-. fore his Lordship , and wander into tile regions occupied by political controversialists ; they aim at more than is perhaps strictly within the province of a charge to the Grind Jury , and discuss subjects which will not assist the Noble Jndge ' s auditory in disposing of the bills brought before them . Lord Abincer ' 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 ol it ; Lord Abinger ' a charges here and there t ff-nd against it . * * * The Lord Chief Baron devoted but small portions of his addresses to sn exposition of the law ; he rushed at once into political cansideratioEs , indulged in disquisitions on tbe tenets of a kind of men called Chartists' —derlaimeil against democracy generally—declared the adoption of the 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 caseB to be tried . " The Morning Advertiser also condemned , in very strong

    terms , the eondnct of Lard Abinger . They wtre as follow : — " Lord Abinger is proving himself to be to the Tory Government what his Lordship appositely described Stdsse to be to the Marquis of Hertford— ' an invalnable servant , * to whom no dirty work comes flmjgg . Yesterday we commenttd upon his Lorsbip ' s charge to tbe Grand Joiy at Chester , and to-day we refer to tha Teport in another part of oar 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 harangnes 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 fearfntty confirm this apprehension . By hia Lurdsbip ' a exposition of the law , the mere fact of seeking any change in tht system of government , by means 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 very rattling might disturb the repese of their task-masters . We have merely space thns briefly to direct attention to the speech preparatory to the ana . lysis , exposure , and denunciation of its flagrant aggression against the constitutional rights of the people . "

    That was tile opinion of the * Londonpres 8 ; he would take just one instance from a provincial journal , ; the Mocdei-fidd Chrsnids , which said— " Lord Abinger delivered a lengtny charge to the grand jnry at Liverpool , on Monday , which for bigotry and violence of language , Izt exceeded his former one . It was composed almost entirely of attacks upon tbe Anti-Corn Law Leagne and theChartists . This Learned Jndge—this " renegade Whigvents his Toryism is the most ignorant comments upon Free Trade , and takes npon himself to be the guardian par excellen ce of public opinion . We venture to assert , that there is scarcely a single man , whose effice leads him to animadvert npen human wickedness , in whose history will be found crowded a greater mass of political infemy . " That was the language ol the public 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 the anthority which should belong to it , if just gronnda were afforded for such imputations en its occupants . He had . the firmest belief that he could prove tbe charges bronght against Lord Abinger to be well founded , if \ be House wonld grant his demand for inquiry . It v * ould ill become the House to refuse such a request . He believed the motion he was about to make was - strictly founded on precedent , and conformable to tb e usage

    which had obtained in similar cases of and ent date . There had been nnmerons instances in lomv-t times of the punishments of judges who had been brr . ught 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' -nt to prenounce any opinion npon the guilt oi innocen / x of the Learned Lord ; but if he ( Mr . Duncombe ) coo' J ( j prove at the bar of the House that that Learned Lor d had been guilty of the charges which he ( Mr . Dancer jbe ) imputed to him , it must be the opinion of every man that the Learned Lord was unworthy to ad if . his judicial capacity .

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    Without going back to ancient times , for precedents , he ( Mr . Duncombe ) wonld advert to those of more recent date . In the case of Kenrick , who waa a Surrey Magistrate and a Welsh Jadge , Mr . now iorei 2 > eaman , made a motien in the House -rery 3 imflar to that of which he ( Mr . Doncombe ) had given notice , which was to call -witnesses to the bar in confirmation of 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 aittin ^ dpposite , at laet consented that an inquiry should be Instituted into the conduct of this Magistrate and . Judge . The result of the inquiry was , that : Mr . fienman moved a vote of censure . The B r ight Hon . Baronet then moved , as an

    amendment , that the committee having heaid evidence in support of the allegations of the petitioners , and having heard counsel on behalf of Mr . Kenrick , did not think it necessary to recommend to the House 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 . Kenrick , that he resigned his judgeship , although hq remained in the commission of the peace . The next case to which he would advert , was that of Baron Smith , against whom certain charges were 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 the morning ; and the second charge was , the introduction

    of political topics in his charge to the grand juries in Ireland . That case was brought undsr the consideration of the House by the Hon . and Learned Member for the county of Cork . Now he ( Mr . Duncombe ) 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 the Colonies , and who he ( Mr . Duncombei regretted was not now in his place , in the ease of Baron Smith . Now he ( Mt . Duucowbe ) contended that his case was stronger than that brought forward by Mr . O'Connell { against Baron Smith . He ( Mr . Duncombe ) complained not only of the topics introduced into the ckarges of Lord Abinger , but of his Bumminjr up before

    the petty jury , and his conduct—he ( Mr . Duntombe ; 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 \— " It cannot so stand—it ornjht not bo to stand ; and the Hon . and Learned Gentleman who expresses such anxiety to support tha 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 conscientiously , as from the bottom of my heart—that that authority , and that snpport 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 tho 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 moiion that tended to remove with ignominy this Judge from tht- bencb , at the same time I do say , that in my conscientious judgment , a case has been made out for inquiry into the circumstances in question , and for examining whether any justification may be add need , or that which on the face of it appears to Hie a deviation from the ordinary duties of a judge . Tbe Hon . and Learned gentleman says , 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 enqniry . I impute no corrupt motive—I impute nothing at all ; all I say is , that there has been laid before me on tbe one hand , and not denied on the other , a case of deviation from that which I consider to be tbe 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 Jacie case for inquiry . " The House would remember that , after the lapse of three weeks or a month after that debate , a motion was made by tbe Right Hon . . BaTonet opposite ( Sir E . Knatcbbull ) , that considering the length of time Baron Smith had bfcen on the bencb—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 the 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 tbe expressions of Mr . Stanley ?— " I say that I have not that fear which the Hon . Baronet ( Sir E Knatcbbull ) expresses , of subjecting the administration of justice to the 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 f > r instituting an inquiry ; they should desire to be made more particularly acquainted , not only with the facts that can ba alleged on the one side , bat with the

    justifications which may be tendered on tbe other , in order that they may be enabled to decide whether the natter 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 the value of whose opinion , he I Mr . Buncombe ) apprehended there could be no dispute . He alluded to tbe then Solicitor-General , now Lord Cottenham . That Noble and Learned person delivered his sentiments thus : — " It appears he wantonly delivered what mnst be considered a political party harangueinsulting to many of the grand jurymen who heard it , both with regard to polities 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 the bar should be present whilst he is delivering his charge . It is the duty of the Judge to instruct the grand jary on the subject of the bills about to be brought before them , 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 himBelt It Beems 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 should 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 bencb : ' but might not tbe juryman , in return , inform hi ? lordship that he should iiave considered that before he made his inflammatory harangue ? The bon . and learned member for Dublin says , he ia 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 the Crown to remove him ; the result of the inquiry may be to prove that the bon . and learned member ia 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 tbe charges brought against him , if they be not well founded ; and if that should

    be the result , he will return to Ireland in triumph , justified in tbe course he has pursued It seems to me that , 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 he ( Mr . Duncombe ) was sorry not to sea in his place , alsn spoke , on that occasion , in favour of the inquiry . TheTe was , indeed , one individual in the House , at the time , who violently opposed all inquiry into the conduct ot Baron Smith and that individual was ^—Sir James Scarlett—( hear , hear , and lauchter ) . what were tbe sentiments be then expressed ? Sir James Scarlett said , " I conceive that a metion for a select committee to inquire into the conduct of a judge is one which no Government should support '' — ( But the

    Government did snpport it—( bear , heatr . and a laugh ) : the Bight Honourable Baronet the Secretary of State for the Home Department was then a member c f tbe Government , but having voted against them , retired afeout that time ) . Sir James Scarlett proceeded to say , " —which no Government could support unless they have first made an investigation , and are prepared to say they think it a fit case to be followed up by an address for bis dimisgal . Tou 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 tbe 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 that if this motion be carried tbe judges in Ireland , if they have any independence , will all resign . , Resign ! Bat not one oi them did resign —( laughter and cheering ) . ' Sir James Scarlett went on to say , " 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 1 d&—( great laughter ) . No man , in my opinion , ought to be made a judge on account of his politics —( hear , bear )—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 bate 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 he had carried them with him to the judgmentseat both at Liverpool and Chester—( bear , hear ) He ( Mr . Duncombej 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 ont exactly what he believed ought to be the conduct of a Judge , particularly when engaged on an important a&d melancholy occasion , such as that

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    upon which he , waa then addressing tbe Grand Jury . His Lorahip ' s words were as follow . — " Gentlemen , — It has already been intimated that we conceive it to be no part of our provinee on this occasion to discuaa the justice © f the complaints made by the workmen against tnew employers , or to decide upon 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 a C- the lea 8 t ^ culated to accomplish—on-tho contrary . perhaps , the most likely to cUfcut— '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 m £ . s . era and workmen—a discussion which is better fitted for a legislative assembly than for the members or this tribunal , to whom the only duty alloted ia that of declaring the law as it stands at present Our d irect and more useful coarse will , therefore , be to endeavour to expound the law as it applies itself to the several cases ariang out of these unhappy transactions , upon , which you will be required to exercise your judgments , m order that you may arrive at a just conclusion whether sufficient appears in esch individual case to call upon the partiea accused to appear before a jury of the country . " No man , he ( Air . 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 tbe court , and on attempting fcd return was stopped by the door-keeper , who told him that 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 that 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 bu 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 iuuBthave said what he did , in order to gain for the prisoners a fair trial . He ( Mr . Thomas Duncombe ) dow came to the charges delivered at Liverpool and Chester ; and here he must contend judges ha-1 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 wonld not dispute—be meant the Attorney-General Tautlow , 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 Lordahips , as an universal maxim , no more dangerous idea can creep into the vaiaA of a judge than the imagination that he 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 genius of our Constitution Bays judges have no such authority , nor shall presume to exercise it ' . " Now he ( Mr . T . Duncombe ) asserted that Lord Abinger had assumed such authority , and bad presumed to exercise it . The two charges delivered by Lord Abinger at Chester and at Liverpool were much the same , except that that > &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 a ? iiiMis of the Judge throughout tUese trials . — " You will find that

    there is a society of persons who go by tbe 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 fur their own purposes , have endeavoured to prevent the unfortunate people from returning to their work , and sought so to direct them that 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 tbe evidence wbicb will be produced before you , that it has been inculcated upon many misguide '* , persons that the sovereign remedy for all abuses , and the only means of putting tbemselvts in

    possession of such a share of power as would enable them to vindicate their 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 gay that tbe advocacy of tbe object mentioned is an illegal act—( hear , bear , hear ) ? Lord Abinger went on to aay" What a strange effect , then , would tha 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 the destrueUon of the Monarchy and Aristocracy must necessarily

    ensue . ' Not satisfied with libelling those who were favourable to the principles of the 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 association ^ , elected by Universal Suffrage and Vote by Ballot ; and some of 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 , the 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 . Diin <* ombe ) would like to know what was . For what purpose was that point put to the G < -and Jury , unless it weru for the purpose of prejudicing not only tboir minds , but those © f the 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 be was addressing were not holders of that very bank stock , and who , unfortunately for themselves , had lost tbe whole of their money , and that by his remarks their miuds would be prejudiced , when he 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 the holders of publio funds in America?—( hear , boar . ) 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 ( Mr . Duncombe , ) should not have thought it wo » 'th while to call the attention of the House to the subject But -when be 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 the Times newspaper , and as he understood that upon the occasion of the commission that jouraal sent down one or two of the most eminent reporters to take tbe proceedings , their report was , no doubt , more cortect than if furnished by Lord Abiuger himself . He ( Mr . Dnncombo ) would prove that these reports , and more tban these reports , were correct , for Lord Abinger went even beyond what was reported , and that , in shame ' of tbe Judge , some passages were suppressed [ so we understood the Honourable Member , who spuiu rather indistinctly at this part of his speech J The Noble and Learned Lord indulged in a hit at trie Anti-Corn Law League . Upon that point he said be would not enter , but leave that Association to settle their dispute with

    tbe Learned Lord : — " Much has been said of tbe privations to which the working classes hive been reduced , and I make no doubt that they are considerable , for it cannot b ? denied that many of the usual channels of trade have been interrupted , and there was existing a general feeling of despondency among commercial meu as to tha advantage of engaging in commercial enterprises , the result of which was attended with great uncertainty ; but I &m bound to say , from the experience 1 have acquired an to tha history of this insurrection iu a neighbouring county , that that distress has bsen greatly exaggerated- " Now he ( Mr . Dancombe ) thought that House had , during the present session , given a practical contradiction to tbe allegation that tbe distress of the people cuuld be

    exaggerated . Tbe Noble and Learned Lord went on— " It sterns that a society if persons , who ate recognised by the title of Chartists , have endeavoured to persuade them that the true ramedy for all their grievances , was Ui © adoption of . what they caU , the Charter , which appears to be principally aimed at a larger Reform of Parliament tban 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 bo a final , efficacious , and satisfactory measure of Reform , these infatuated persons—for they als © must be infatuatedhave formed an opinion , grounded on what foundations I know not , that a representation created by Universal Suffrage and Vete 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 them that to perpetuate the insurrection against ( heix masters , 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 , yon will find these recommendations always accompanied by false and exaggerated statements of the general feeling of the country . I must say , gentlemen , that 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 Iobs to know what distinction there ia between a conspiracy to Bnbvert the Government , and impose force and veatvaint on all the branches of legislature on purpose to have a particular measure passed into a law , and . the crime of High Treason . " So it appeared we Wre to bave a new sort of trcasoa- ^ -tbo advocacy of

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    the Charter . " I do not understand that the Govern , ment intend to posh tbe indictment to that extent , and these people owe it to tbe lenity of fene Government that they are not p « t in a position hazardous to their livea . " Had it then come to this , that the advocacy of the Ballot , Universal Suffrage , Electoral Districta . Payment of Members , and Annual Parliaments , is High Treason ? He was not ; now contending whesher tbose principles were good or bad , but be 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 weroi indebted to the lenity

    of the Government that they would not be arraigned for high treason . He ( Lord , ! Abinger ) had forgotten that at so late a period as the year 1789 tbose 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 been siid at different times as to what shonld be considered an unlawful assembly ; and , I am sorry to say , that what has tekeii place in this ccuutry has given rise to discussion on the point , both in comts of law and in Parliament . But one thing is clear—that an assembly consisting of such multitudes as to make all discussion and { debate ridieulous and a farce never can be assembled for tbe purpose of deliberate and calm discussion . Will any person in bis senses fay that when a man assembles together 3 000 or

    4 , 000 individuals , he does so ; : 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 hear 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 of an unlawful assembly ? He ( Mr . Duncombe ) asked those wbo attended county elections , ¦ whether 3 , 000 or 4 , 000 , and even 10 , 000 , did not assemble ; and whether they did not deliberate upon and discuss the merits of the candidates ? Lord Abinger went on— " The consequence of the success of their endeavours would be , not

    a reform ot Parliament , ; but a subversion of tho 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 n | o property , but live by manual labour , would be inconsistent with the existence of the monarchy and the aristocracy . Its first aim would be tbe 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 firbt to put it down ; and cut ] of the confusion whioh would ensue , would possibly result a military des potism . Yo . i will excuse me ' for using this language

    to gentlemen of your description . The learned lord apologised for the language ha used , and well he might . Why , those were the old arguments which were used at the tidie of the Reform Bill —( hear , hear ) ;—these anticipations of the throne and the aristocracy being in danger were all put forth as arguments against the Reform Act and its opponents , and now they arDlused against the Charter by a judge on the bencb . With regard to the discussiou of points like thiB , 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 1 Chartist . ' I hear of its points and articles , and I learn from tbe newspapers that Chartists carry their

    views beyond the Reform Act established by Lord Grey's government . Among the articles spokeu of are universal suffrage , vote byt ballot , annual parlia meats , and no pioperty qualification ; with respect to these I do not agree with the Chartists ; but upon thtSis subjects their opinions are entertained by many members of Parliament of undoubted respectability and integrity , and of considerable talent , and—if it be true what I hare heard on the subject —the names of many are attached to a document , the avowed object of which , isjto frame what is called the Charter of the People ,: by expounding their principles on these points .. Gentlemen , I hare abstained from mentioning apy 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 1 owe lo Mr . Frost better and more to his entire

    satisfaction , if I refrain from making any one remark which could create ja moment ' s pain with respect to any past conduet lor transaction . These Chartists , however , gentlemen , it must be admitted , staud at present iu relation to the present constitution as it was established in 1832 , ju ^ t as the advocates of reform stood in relation to the old constitution , which was remodelled by the Reform Act . "—( hear , hear , and oheers . ) ^" And however I may difi ' . r from these who are called Chartists in opinion , I must do them ihe justice to say , that Chartism so far is not treason —( iheers ) -uor the assertion , the public assertion of it , rebellion—( renewed cheers)—and I must g © further and Bay

    that although I trust I shall never live to eee 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 prosperityjand 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 couutry , and the intelligence which controls that strength , shall finally determine to adopt the ChartUt code , doubtless , gen tit-man , it will be adopted , and mere wealth would , in my opiniou , struggle against it in vain . " The lion , and Learned Gentleman said that it was

    not treason and rebellion to advocate the principles of the Charter ; but Lord Abinger entertained a different opiuion . He ( . Vir . Duncombe ) defied any body who looked ac the Charter to find in it any thing that would euable 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 would now proceed to show how thoi-e charges were subsequently wrought out by tho Learned Judge in his charged to the petty juries . If the maUer had ended with the charges to the grand juries , it would have been of little consequence ; tor the gentlemen to whom those charges were addressed were men who , from their education and station in life , would possess enough of

    information to fcnow that the doctrines laid down 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 of the unfortunate persons tried before Lord Abinger upon this occasion were undefended . At Chester , as he found from , tho report to whick he had before referred , there arjrived the whole park of legal artillery of the Government . Down came the Attornfy-Geueral ( Sir F . Pollock ) , the Attorney-General for the Palatine ( I # r . Hill ) , Mr . Jervis . Mr . Welsby and Mr . Pollock to conduct tho

    prosecution ; whilst only a single counsel , Mr . Yardley , appeared for the defence . Hence it happened that as two courts were sitting jat 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 tbe 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 al > . Upon the occasion to which he

    was referring , it appeared that Mr . Yardley was the only counsel available in the Itwo courts for the defence of the prisoners . ^ Hitherto , however , it had always been the benevolent maxim of the English Jaw , that " the judge is counsel for fhe 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 Abinger was , that he made himself an advocate for the Crown— ( hear , hear ) , and that his conduct throughout the whole of the proceedings was most indecent and indecorous as applied to tbe character of a j udge , 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 same sentiments that he hid 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 . Tho question for the jury to decide was—first , whether that evidenoe went to prove the existence of a conspiracy ; and secondly , whether it identified the prisoners as connected with it . The aim of Chartist meetings he ( the Learned Jndge ) considered , was

    to produce a general suspension of labour , in order that , by so doing , they might facilitate an organic change in tbe constitution ! of the country . All changes in the constitution ,: even from worse to better , wera to be deprecated jif effected by force and violence . He did not mean to say that men were not quietly to meet and discuss ' changes in the govern * ment ; fbufc it should be remembered that governments were not made in a hurry , but were created by a long succession of events and 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 vf as pTeguant with danger ; it in fact , amounted

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    S ® iS «« wifich a tge in the laws »™ % ff £ * Z labour ** classes the framing of all laws foi the pro tection of property . That was the object avowed jo thtf placard whichThad been produced m e ™*^' and the man who had been capable of wr-ting . BUch a placard mnst ^ havehad intelligence enough to fenow that such an object never could be effected without force and violence . It must be known that the House of . Commons , as at present constituted , wouW never allow every maa in the kingdom , wnetfler having property or not , to have a yote for oor 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 qoalificfttion . Then , what was to become of the Scotch Members and of the Members for the Universities of Oxford and Cambridge , who sat without any property qualification—( hear , hear )? If the Universities were allowed to retnrn representatives without a » y 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 ? When the Reform Bill was under

    discussion did not the Lords resist to the last what they considered to be a destrucciou 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 swamp" the House of Lords , did not their Lordships give way , and allow the bill to pass^—{ 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 House of Lord $ . Why should not the present Sovereign consent to allow the working classes 10 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 object of the demagogues being invariably not to reason with , but to inflame the mob . He had always- thought that a meeting , consisting of several thousand persons , 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 live or six thousand persons for the purpose of political discussion , 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 goir . g through the evidence . " It was too much even for this jury . They had attended public meetings , no doubt , and had seen thousandsof their

    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 ' » Not Guilty . " The report continuedinthsseterms : — " His Lordship said he would only then trouble them with oue 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 Kiugs of England originally consisted of lands ' belonging to them . In the time of Edward

    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 bis 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 lefc a son a minor , the King took npon 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 £ 860 , 000 a-year , were abolished , and a grant of £ 600 , 000 a-year wa 3 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 Q , aeen Victoria , further immunities were given up , tne Parliament undertaking to make a suitable provision for the purposes of royalty . Originally the 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 publio , 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 House 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 addres to the " public , " not to the "jury "—( cheers . ) In the opinion of this learned judge , when ncen 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 tbe public out of doors . 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 tha 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 , eaid , Prisoners at th « bar , you have all been tried and convicted—most of you of conspiracy , in the assembling of illegal meetings * , rioting , aid the adoption of other unlawful means to 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 James 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 , the 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 and the present state of things . Your design iv . ail 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 putuug an end to all the industry within the districts in 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 privation that must necessarily ensue to the unfortunate men whom you hindered from following their employment , is highly criminal , and very properl y 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 &uch a state of distress and destitution—and which , indeed , you would have done , if your machinations had been successful—as that yon might be enabled to force some political objects , which your imaginations suggested as the remedy for all tne 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 Borne of the meetings speeches were uttered—and I am not sure that they were not uttered by one of yourselves—in the coarse 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 men ( 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 thfe moral foxce and argument Why . it is perfectly clear that your professions ot regard for peace , law , and order , were only adopted in order , to corer your baser designs j ana tnat tn » real object was to give the people to understand that such physical force jyas about to be concentrated aa woidd overawe the GoWrnmeat , and oom-( Continued in our Eighth psgcj

    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-ncseproduct791/page/7/