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1.EEDS :—-iTiniea ior tuo * '»f"— «„„!,» Hammersnuth <W LEEDS :_Prmted for the PW™^™!**^
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DEBATE ON ME . BUNCOMBE'S MOTION ( Ccnlinued from ' our Seventh page . J . pel ihtm to acquiesce in your demands " J »! some of the speakers declared that tho w > f » <»^ 7 the Charter waT to do as it was s » # «*» done in the case of the pit Charter-so ir * * ody to the ttaeen , and make the demand for it . That which ifS ' a ^ gelher- inconsistent £ itt lihe history , , Magna Charts was mentioned for the purpose of inspiring the people with a *<*»* that , r f yon w- jm in ^ is formidSle bo dy U > the Queen , the Got j n , ment would ha paraJyf a , ana the Queeni he / selfj compelled to piss such laws as would , if the- / did mssTpnt the seal to her own destruction , and . to the destruction of the constitution . However , 1 v / ill not
enter inro a discussion of tbo principles of the Charter ; for whether ?~^ i % or wrong in your Epsesiaaro opinion ? , i-. aiaMerof bocoe icquence . ! Ehs chsrge is , thi - v . a attended illegal tp .- "kings , filtered . infl . aniiira . KS'v speeches , advised tLo oeople to © ease from lshoar . and -did all ihi& \ viv j ihe design ¦ of procuring , hy such violent and * , inlav .-ful means , a ¦ change in the -constitution el she cenntrj . The CSence is the 'more dasgerons , on . account of the ¦ extent of the conspiracy , and tbs organisation which seemed to pr ^ rail . * l £ -seem 3 iaat you , Robert Wild , was appointed a delegate to « it at Manchester , at
• which aboai'SGO were present . Tne question of ; he Charter was there discussei , and put "to the delepates ; and the great majorj-y were for making the Charier * national-question . Why I know not what ; is to become of the constitu t ion of England , if tha : people ^ sre to ha allowed to hold illegal meeting , appoint -delegates , and exercise the right of legislating—if cot for the nation at larse , at least for the j poriaca of it thit is willing to submit to them . Let ; me tail yon , that it is owing to the lenity of the i Government in prosecuting you for a misdemeanor j only , that yon are not indicted for the crime oi high j treason : for I am much inclined to think that the
principal restore whica characterized all joar pro-1 « eedlng 3 wa 3 S design to subvert the Government ; aadsuch proceedings I am by no means prepared , to say would sot hare been held to bd high trta-j son , if yori had been charged with that uS < mce . I » y , therefore , it is solely owing t © the lenity of the \ ¦ Government that milder proceedings have been in- \ ^ it uted again st yon ; bnt the L ord onl y knows with "what success this lenity will be attendee . The desire of the Government is , that you should be conciliated \ to yonr conntry—that yon should no longer declare , ¦ wa r against it , or resolve to effeet a revolution which \ ¦ will destroy your own comforts and peace ; ! or , sup- \ posing that your machinations should be attended I with success , and all were to become labourers , con- j sder how mush more labour would be brought to ; market , and with what a depreciation it would be ^ attended . I am silling tobelieve thai some of you have j been deluded br those who have had more wicked
-objects than yourselves in view ; and an opportunity will be afforded you by which you may yet became i iaithfui subjects , on a more jast consideration of the i principles upon which all Governments are estab- ; Jisned . Thi 3 consideration may induce you to come to the conclusion , that you must take Governments , as you £ nd them j and that , if any improvements j -are desirable , they must be made t-y gradual and progressive reasoning , and through me medium of those who are empowered to revise and amelioraie ihe laws forthe general benefit . He- ( Mr . Dnncombe ) shonldbeglad to hear from iheAttomey-General aud the Right Hon . Baronet ( £ » ir J . Graham ) , whether i they could defend and justify such doctrines as these— j ^ cheers ) . At Liverpool , Lord Abinger ' s charges were ;
-equally extravagant and unconstitutional , aud there , perhaps xaora than any where else , Lord Abinger iailed in the duty which attached to him as a judge , of being eounsel for the prisoner , cot an advocate for the Grown—( hear , hear ) This failure of duty on the part of the judge was in this instance the ' more to be deprecated , in consequence of tho extraordinary stupidity of the j-u y . There were some ' anformnate people tried lor siealing bread . Their i lames were il- Consick , Reed , Plati , Davies , and . Cask . " Tho jury "—he was here quoting the report j « f the proceedings— " returned a verdict of guilty ; against alithe prisoners 5 but the foreman said they recommended Platt to mercy . The judge then > asked the foreman , who did not appear to be very in-
telljgent , what grounds he had fer the recommendation , when , amidst much laughter , he replied , that from the prisoners' ' own disccurse , ' they did not appear to have been among the mob at & 13 , bnt in ¦ Other places . H 13 Lordship told the foreman , that if thej-sry did noi believe ihe prisoners were in the ] mob , thai this disbelief entitled them to a verdict of j acquittal , and not to a recommendation to mercy . ; He added , thas for his own part , be could ' see no doubt in ihe matter . " Bere was a ' lemark to fall from a judge- ^( hear , hear ) i The j jury hesitated , but the Judge immediately told them , that he could see * no doubt in the matter . " What I TFa 3 the consequence ! The jury immediattly returned 1 their Terdict , found all the prisoners gniitv , and they
¦ were immeoialely sentenced to seven years'trausportatioE . —Ihear , hear . ) Mark how this occurred . The jury doubted , the libsrty of the prisoners W 3 S trembling in the balance , when up sot the Judge , and said , ~ There could b < 3 no ooubi in the matter . " —{ cheers . ) He now came to another czss : —** J asaes Eelly , Andrew Cosgrove . and James Dalan , were chargsd with having , on Tn * sd&y , ihe 9 : h of August , -3 mlawfuliyj tumuiuiously , and riotously assembled together , and felonioasly demulishcd the mill and premises of ilessrs . Surimg and Beckvon , in Lower Mossley-sEreeL The pn . « -ontr 3 pleaded not guRry . Mr . " Wilkins said thas he appecjtd for CosgrGve ; tut the Attorney General staled to ihe Jnry that he should not press tho charge against him , as he fouad
that the allegations consisted of an expression u * ed ly him , which did not legitimately brar ihe construction put npon it hy the police-officers . He ^ Jlr . SDimcoinbe ) was now only showing the want of intel-Jigenes on the part of the jury , in order that the Bouse might sec how likely they" were to be wrought upon , hy a Judge tailing such views as Lord Abinger . The report oi the proceedings in this case , eonbinned in these terms .: —** The foreman again manifested the calibre of hi 3 intelligence by saying that they found Ctwgrove guilty also , after the declaration by the Aiiojnsy-General , in his address to the jury , that he Ehoaie not press the charge against -him ! _ _ Aftcx the Ter-dict had been recorded , his iordsbis ordered Snperiatendent Stephenson 10 be
xecalled . ^ On eiasring the vriine > s-box he was asked to describe the state of Manchester on the day "when the above offence was committed by the prisoners . He did = 0 , and said that there were cpwards ' of 10 , 000 persons assembled . Lord Abinger ^ : What was their oljeet ?—Witness : A largo Dumber of persons came -from « ther towns ; ana they went from mill to mill , and compelled the men to leave work . Those who did so joined the turnouts , and they eoatinned the attacks . Lord Abinger z Just so . _ I shall pass sentence upon these men now . The prisoners being ordered to stand np , hi 3 liordship , addressing them , said , —You have been -convicted by a jury of your country of a wry gravo and seiiocs offenc * . " Here he ( Mr . Buncombe )
xaustiemaik that the manner of the Learned Jndge in addressing himself to the prisoners , and in passing Eentence upoa them , was described to be such aa to havecreated a thrill « f horror throughout the court . It was indeed bo very marked and striking as not w > escape the comments even of the bar—( bear , hear . ) The reports in the newspapera werssot FuSioient to saow the manner and tone of the Noble Lord in passing sentence . He < Mr . Duncombe ) was told that in the instance to ¦ which he was then referring , and npon a subsequent occasion , the Learned Lord's manner was most indecorous and bratalto these men—< hear , hear ) , —and thai he applied eTery sort of opprobrious epithet to them , Euch as * rabble , " " vagabonds , " and other terms of the like kind —( hear , hear ) . These
expressions were reported in very mild terms is the newspapers . The report made Lord Abirger continue his address k > the prisoners iu the ? e ttrm c : — "Surely you have heard , or ought Jo have heard , that It is the pecnHar blessing of the -constitution of England , that there is no country in the world-in "which there is such ampie security for persona ! liberty , and for . the properly of individaalF . Bnt if wha-tyou have been . doing should be t « 3 era * ed , of ¦ what avail would be the law ? Of what , nse , I ask , woald
¦ -. be the making of laws , if such rabble as yourselves should presume ± 0 nsnrp that authority , and to csepel your feilow ^ workmea 10 abaadon " their m&asfcrions employment ! The law is s law cf great leniency and great forbearance . It does not inflict penalties npon a Bazn who quits his tmplovme H' a ^ d wander ' 3 about in idleness . " Tne Noble and Learned Lord then sentenced these mtn to twel vo months * imprisonment "wiih hard labour . In another < pe , where the offence was thai of foali ng fcread , ^ g new s&iJ > ei report ^^
—- J *! . -L-oroship , after addressing the prisoners S » ntw ^ r 0 ^ 6 t 0 that applied to Kelly sad SSSS ^ ° 5 ^ ° V *™" ^ y , sentenced them to |> e ttansported for the term of <^ ren Tears Tia ssss ^ : ^ teace * £ * £ * theVthSoftS Seks ^^/^ J ?! - attered ^ mos » Pacing SScv hSW »* Pfcwd Ms Lordship for i i ^^^ s ippsisl J ^^^ 1 e ^ t ? ^^ ^ ojed bj him were ung l asfeffi ^ i » mt » - Thfisa were but a feS ^ iJS of flS ^ J pi lenity mirfcieh this Learned ^ ud- , £ m £ ! JS 2
toe ^ w . Witt regard to the Noble" and Leaded ' iord ^ coDdHCt ut regnired eridenco , and that eSi deuce most be obtained in the form of oral testimony - ' to giTe { he Hpnse an idea of the tona and manaer in which ^ ieoo ^ icted'iiinBelf towards the prisoners i lie O ^ rrBunoombe ) had reeeired statements from * ! Persons w } jp were ready ^ o cpme forFwd an mh .
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}' j i ; '' , . f ; - , ; ; stan' f ! atenpon oaththe accuracy of whit they narrated . j Oa' j of these statements , coming from a most respects' Je source , said : " Messrs . — were at the trials , and i v ill come forward and give au account of the manner < ' £ Lord Abinger while passing sentence aud summing np ; th . y describe his manner and . appearance as barely human , and thit at the mention of the , * Charter , ' he appeared to lose all self-command , f grinning most demoniacally ; and as proof of his anti f ¦ pathy to tiose who adTocated Chartism , two men , 1 from a place called Dakcnnsld , near Ashton , ? tated .. thai ihry were not Chartists ; one of whom said , he f ; never allowed tho Charter to be mentioned in hi 9 I ; house . In answer to this set ; off , Lord Abicger 3 smiling , stated * tie Bhould consider their case I
Since then a memorial has been sent to the Secretary of Staw , and they have been liberated , though they were charged with the same offjnee as several others who are now suffering the extreme penalty of human misery : their namts are Turner and Feuton . Fairhur&t was convicted of th ^ same offencef ; his friends sens a memorial to the Queen , signed by most of the influential men in ihe neighbourheod of Mottram , together with several magistrates , praying for a mivi- ; anon of his sentence , which has been refused , whilst the other two , who disclaimed Chartism , were released . The whole affair ia altogether so disgnsting that I will not insult yon by offering any remarks upon it . The facis—the damning factsspeak for themselves . " He Glr . Duncombe ) believed
this to be perfectly true ; and with this prejudice created m the mind of the jury and of the public with regard to Chartism , it was impossible that the prisoners could have a fair trial . If these were mere passing speeche ? , they would not much signify , even though they came from the lips of a Judge ; bu - when it was considered that they were terms employed upon the judgment seat , and addressed to men who wero now undergoing the punishmont prononDced upon them , the Hoase would see that such couduct assumed a very diffdroat character—( bear , hear ) . He would now refer to the testimony of James Allinson , late a prisoner in Knutsford gaol . This man said : " I am prepared ( if necessary ) to make oath of the truth of tae following statement relating
to the treatment of Robert Wilde , &c , in Knutsford House of Correction . 1 . That Robert Wilde told me that he and the others who went into the House of Correctioi together , were met by the governor , who said , * Now yon have been sent here to be punished , and I will take care you are punished ; for let your treatment be ever so lenient whilst you are here , I would not give much for your constitutions when you go out '—( hoar , hear ) ! 2 . I beard the governor say to Robert Wilde , &c , in the day-room , immediately after their arrival . * Bear iu mind , you men who are sent here fur a long time , our rales are very stringent . You will have your bread stopped for the slightest offence , and if that should happen often , you will never be able to
stand your punishment !* 3 . Samuel Lttss told me 1 that he and the others who were brought in with him were taken tothe treai-mill on Wednesday afternoon , that being their turn according to the usual practice ; and that on the following morning ( Thursday ) they were again taken out to tread the mill , contrary to ail custom , for the amusement of several ladies and gentlemtn , who were anxious to iee the sport ! 4 . Samnel Lees further stated that he was sent to weave against his will , as he would be in the same building as thieves and vagabonds of the vilest description , and , also , as his overseer was a felon ! 1 give it as my solemn conviction , that the un t > rtunate sufferers now confined in Kuutsford would ( as 1
would myself ) much rathei be transported for seven years than undergo the punishment inflicted on prisoners in Kunt ^ ford . I further affirm it as my opinion , that if they survive their long term of imprisonment , their constitutions ( which were strong and healthy on going m ) will not be worth having ; for , before I came oat , I marked with deep sorrow their altered countenances . Tho food is of such an inferior quality , together with being so short , and their anxiety for the fate of their wives and children being so great , that death would be much prelerable 10 such a lengthened period of inhuman torture . " In addition to this , he ( Mr Duncombf ) had a letter from Lees himself , addressed to his wne . It was as follows : —
" Dear Wife—I write in hoprs thesa few lines may Snd you and my dear child , my fatlur and mother in good health , likewise my sis . er Martha , as they leave me in but moderately good at present , as 1 have suffered lately a little from indigestion ; your visit gave megrea : pleasure , particularly when you told me that the master and manager had behaved so well to you in my absence , for which you must jjive them nsy thanks . ** Dear wife , I wish to give yon a little advice how yon should act in getting up the memorial to her Majesty , in order to get my term of imprisonment shortened ; first , then , I must show you where the evidence against me wa 3 defective , nay , even false . They swor-j that I spoke at the meeting , on the 7 th
of Augu-1 las ? , of which scores can ttstify to the contrary . Secondly , they swore that I did , on the 12 ih of Angust , stbto that 1 had been to Mr . Dalion ' s . and asked a donation , he refused to give anything , 1 therefore advised the people to go and stop hia works ; this ia false . Bnt the fact is that on Friday morning , the 12 th of Angus :. , a meeting was held at Wimburry-hill , when Mr . Dalton ' s foreman came and siaud that his ina ? ter bad a quantity of goods in a spoiling state , and he abked permission of the meeting to be allowed to finish tUem ; = ome part of the meeting seemed disposed to refb > o his request , at which I rose on the hustings , and advised the people to grant him permission to finish his goods , winch was soon granted . On the evcniDg of the same day another meeting was held at WaOdi * nsangh-fc-reen , when some person told the people that
Mr . Dalton had been swearing in a number of specials ; and what 1 said at that meeting was , that Mr . Dahon ' a works were going on till the goods were out of danger , and that tho meeting , 1 hoped , wouid not interfere , but aPow them to go on ; that was the substance of all what I stated . Mr . Lodge can speak to what took place at the meeting in the morning , and 1 should like him to put a line in your letter to that effect . Tnese and many other facts I stated to the Attorney- General at my trial , and he advised that my friends should memoriaHzs her Majesty to get my time shortened . You must see some of my intimate friends , and they will give you their advice snd assistance in the matter . 1 feel certain that should I remain here the whole of my tf me , on my liberation 1 shall not have a constitution worth having , should I even continue in moderate health , which is far from being the case at present .
" I wish you to give my best respects to the manager , overlooker , and all my old shop-mates , hopirg they wij ] give their assistance , and all my friends : n the villages around you . " 1 shall be very happy to see you the first Monday of April , or my sister Martha , or any of my friends or acquaintances ; if you come bring the child with you . * ' I hope you will keep up your spirits , as your unfortunate basband has done nothing that he or y <; ii need be ashamed of . Write in answer soon , and give mo all the information you can . u I remain , dear wife , your aff . etiosate husband , " Samuel Lefs . - House of Correction , Knutsford , Jan . 16 , 1843 . Robert Wilde also wrote a letter , giving a mtlaneholy description of bis health , and complaining of the conduct of Lord Abinger . It was in these ternss •—
Dear Cousin—These few lines come with my kind love to you and yonr family , hoping to find you in good health and spirits , as they leave me moderately at present . 1 received your vejy » iind and welcome letter of the 12 th iast . To begin my very short letter , 1 mu ? t inform you and all our friends in the neighbourhood i ' rom which we come , that we can be visited on the 2 nd of Jannary , * or sot till the first Monday in the next month , at the hours of ten and four o ' clock . J shall be glad to see you here , if yoa can make it accord with your engagements , along with either my father or brother , or any other friends . Tfte period of my liberation tpproaches but tardily , but I shall reconcile mjsfliito the lot of happiness which falis to my share . And
m order to make the best of my leisure time after work , and to have a little improvement for the mind misgled with the toriures of the body , I wish them , jvhen they come , to bring the following books , tamely—M'Culloch' s and Cobtx-tt ' s Grammar , Hamikon ' s Geographical Key , and Walker ' s Pronouncing Dictionary , and I shall feel nvjch pkasure in re-Ctixing from you aay small work which your library aff-tds , sentimental or scientific ; eothing theological or political will be allowed . I Bend my very best and a £ ectionate love to my dear wdie and children , to mj father and motlser , to my brokers and sisters , and I send my sincere and warmest respects to all friends , particularly Mr . J . Milk and family , Mr . Hall , ane other real friesda , who have given their liberal aEsestance to the . widowed wife aed fatherless , children of the unfortunate Jtobert Wilds . * * Dear Sir , y « n may form an opinion how easy it ia to be contented upon such scanty allowance . The
effects are already visible in my body , and pbyical strength so far impaired that I tremble whea on my iegs after the least exertion . You will cease to be « 3 "prised when I tell yon that asne is not jhg only case of this kind . The effects of fionfinement snd poor diet have rednced me extremely low , which you will tee when I tell you that oa my arrest I weighed 11 ^ stone , and now only 10 Btone 3 pounds % consequently I have lost only one posed per week for the sixteen weeks . We are compelled , when exercising , to walk with oar hands behind ub , which I find very inconvenieBt Jtbese cold days . I wish to have a pair of gloves . I have applied to { ha magistrate to be allowed more food , but without success . My paper ia nearly fall and tine expired , I shall , therefore , close for tho present , hoping that you will forward this to my father or wife , and a copy of it to Mottram . By attending to my earnest request you will greatly oblige your affectionate cousin , " Robert Wm > x .
Knntsford House of Correction , Dec . 16 , 1842 " He ( Mr . Dancombe ) said that these individuals thus harshly dealt vtiih were , to zM mtentB and purposes , poliueal prisoners ; that it was not right or just that And after tot on ihe 1 st Monday in ApriL
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they should be treated either as Lord Abinger had treated them , in the first place , or aa they had since been treated in the prisons in whic ' a they were confined ( hcar , hear ) . I hope , continued the Honourable Gentleman , that 1 hare now said enough to justify an inquiry into the conduct of this Learned Judge ( hear , hear ) . At all events , her Majesty ' s ministers are resolved to Etifb this enquiry—if they are determined not to accede to it—I hope they will at once stand up in their places and manfully say whether they approve of the political harangues which were delivered by Lord Abinger from the judgment seat at Liverpool and at . ChesterKhear hear ) . Let us know whether there are any of you who sympathise withj the unconstitutional dootrines of law laid down and
insisted upon by this recreant Whig ( cheers ) . I wish to know whether the Right Hon . Baronet ( Sir James Graham ) sympathises in the political views of such a reprobate ( hear , hear ) . I believe that the feeling throughout the country is universal in reprobation of the conduct of this judge , and that the people will not bo satisfied unless some inquiry is instituted ( hear , hear ) . But , if it be incumbent unon any persons in this house to assent to an inquiry , it is most especially so upon the friends of Lord Abingt-r ( hear , hear ) . If Lord Abinger has been unjubtly accused they will have an opportunity , if my motida is agreed to , of proving the falsehood of what 1 have stated . And there is the sense of justice in the British people , that if thev feeltbaiau individual
has been traduced and wronged , they are always too ready and too happy to wipe away tiio wrong and to render him full justice ( hear , hear ) ; and upon my head , and upoD thu heads of those at whose instance I bring them forward , will recoil all the shame and disgrace of not beiug able to substantiate the allegations we pat forth ( hear , hear ) . 1 f the government shrink from this inquiry what will be the opiuion . of the public 1 This judge is , to a certaiu extent , their servant .- He was appointed by them . The public will say that you shrink from the inquiry , because circumstances may come out that would implicate yourselves ( hear , hear ) . But if , by tke force of a majority in this house , you stifle the inquiry I propose , what is to become of this Noble aiid Learned
Lord j Will he be respected by the people when he goes again to occupy the judgment seat at any of yonr country assiz > s ( heir , hear , hear ) I I maintain that he will not . No ; he must be content to allow his name to be added to that dreadful and alarming list of ermined delinquents of former times who , forgetting alike the duty that they owed to their country and their God , are only remembered in ihese days by the law that they violated , tho persecutions that ' they promoted , and tho judicial murders that they committed ( hear , hear ) . But I will hops for better things at this day . I hope that this house is prepared to do its duty on the present occasion ( hear , near ) . I call upon you , for the sake of the poorer classes , to institute this inquiry . 1 call upon you , Gentlemen , who support the government ou all occasions , to vote with uje in favour of this morion . I tell you that y jur character is also implicated in these
transactions ( hear , hear ) . 1 cn . ll upon you therefore , for the sake of the government—for the pake of the institutions of the country—but , above all , for the sake of ihe fair and impartial admimistration of ju .-tice—to actrc-de to the inquiry which I now most earnestly , but most respectfully , implore you togrant ( ci ) e r ?) . The Hon . Gcnleman concluded by moving — " Tnat , petitions Laving been presented to this bouse complaining of the conduct of Lord Chief Baron Abin ^ er when presiding as judge upon the ess cation of the late special commission executed in the counties of Chester and Lancaster , this house do summon witnesses to the bar , for the purpose of ascertaining tho language used by the said Lord Chief Baron Abinger in charging the Grand Juries , and in summing up the cases to the Petty Juries who were empannelled under such Special Commission , and also in passing sentences upon prisoners ctm ' victed under th » « aTie Commission . "
TheArroiLNEY Geneiul said that he rose on the present occasion to meet the motion of the Honourable Genth-man by a direct negative . Before ho addressed the House on the subject brought more immediately under its notice , he claimed their indulgence , inasmuch as he had been alluded to in respect to matters in which he had been personally concftrr . 6 d , to state the part which he had taken in these proceedings —( hear , hear ) . Thi 9 was a chargo made agaiast Lord Abinger as the Judge who was appointed to preside at the Special Commission issued into Cheshire and Lancashire in 1842 . He had not heard that against the condnct of the Crown , or the immediate servants of the Crown , there had been uttered ouo syllable of complaint . He ( the Attorney-General ) conducted every one of the prosecut ions which the Hon . Member had alluded to ; and it was he who addressed the juries and called for the punishment which was inflicted upon them .
Hs was not aware—( he might be mistaken altogether in the view he had taken of his own conduct )—but he was not aware that one singlo expression was uttered in any part of the kingdom against the conduct of the Crown or the law officers of the Crown . It was very remarkable that the conduct which the Hon . Member had imputed to the Learned Jud ^ e should be open to tho remarks ho had made , and that Ihe admistration of jns'ice , whic 1 - ( oot by the Hon . Member , but by other persons ) had been so extrt-mely calumniated , as it respected that Learuod Jud « p , should have left all other parties who had taken an acivc part in the prosecutions wholly untouched . The course adopted by the Crown in those prosecutions was , advi ., oly , the most lenient course tf at could bo taken . I hi- charge of high treason mitht have been , and that success-fully , prosecuted , bu ? . under all tho circnmFtances , it was thought bettor not to prosecuto for so serious an offence . In the calendar before L « rd Chief Ju-aiee
TiTiaal there were charges of hi ^ h treason ; a difference between the addnss of Lord Chief Ju .-tico Tiudel and that of Lord Abinger had been po . nte 1 out , and the commendations bestowed upon the language of Lord Lhiet Justice Tincal appeared to be lor the purpose of casting odium on Lord Abinger . There had , ind-. ed , been censure in the newspapers upon the introduction of party politics into judicial ch ;! rg ? s ; aud those censures would have been pVr frctly ju = t , if the fdctd had warranted them ; but . lie dciiicd that in fact Lord Abinger had introduced party politics at all . In Mr . Kenrick ' s ease , the charge made had no relation to the conduct of that geutieman as a j"dge ; and in Baron Smith ' s case , the order of the rionso for a select committee to
inquire into his conduct was a f « -w days afterwards discharged by the House itself , on the ground that it was not becoming so to deal with judicial character . The House would permit him , before he wbnt into the charge against Lord Abing < r , to call its attention to what was the state 01 the countiyat tho time the « peeial commi > Bion went down to uondnct the trials . Ho did this with very great regret , a-nd he owned he conld have wished that tho Hon . Member had postponed his motion until the most important of those trials , as tar as the county oi Lancaster was concerned , had taken place —( lieur , h ^ ar . ) He ( the Attorney-Genera ]) feU himrelf compelled to speak with great moderation , when the langnago he was using to night miiiht be circulated
through the county of Lancaster , where he had to « o to conduct a trial of the greatest importance—a triil against the leading and most important offender 111 this very case . But , he must do justice to the conduct of tho Noble and Learned Lord whoso coriduct had been attacked . The House might not be aware that there broke out , in the course of a very 6 hort time , an insurrection , that involved no less a space in extent than seven or eight counties . In Cheshire and Lancashire there were stopped no less than fif'y to one hundred and fifty mills ; and he was speaking within compass when he stated that above 50 , 000 —( 150 , 000 , he believed , would be nearer the truth)—persons who were willing to work , but , who were awod by the proceedings that were occurring
in those two couutiep , intoan cutire abstinencofroro it . In Lancaster and Cheshire , ho was extrunely happy to say , none of that violr-uce occurred which took placo in other parts ot the country ; but there were disturbance 3 erfii in those counties , and in some instances life was lost , and for some ten days or a fortnight there were large bodies of men , varying from 2 , 000 or 3 , 000 , to 7 . 000 , 8 , 000 , or 9 , 000 , marching about the country , stopping all the mills and preventing any one c&rrjing on any species of employment . At " Manchester a body of 0 , 000 searched to take possession of the town . They profsesedto enter under tne banner of peace , and they gsve such promises as induced tho civil authorities to witudraw the military and permit them to come
in . The moment they entered the town they dispersed themselves ia all directions , and tho shops werefisut up , the provision shops were broken into , and m&ay , by threats « nd intimidations , were qompelled toiinpply food to the rioters . In one case the workhouse was brokec into , and the provisions made tor tae poor werecasried away by the mob . At ilcs time at Manchester tkere were two descriptions ; of political bodies . Some of them issued placards of i a most inflammatory character—in which they advised the people to arm themselves , and resist the tyranny under which they laboured—to cease from labour—to take eare and arm , and holding oat promises that within a certain period , if they were prepared to use their power properly , they should get the Charter . He admitted that the question respect-: ing the Charter had nothing to do with the adminis- ' tration of justice—( cheers . ) But he would ask , wa »
not Lord Abinger right , when he came to consider in what way he should address the Grand Jury of Cheshire or Lancashire—was he not right in pointing out how nearly the conduct which had been punaed approached the crime of treason ; although it was perfectiy lawful to discass in any way , either by pamphlets , iectures , or even in public assemblies of a peaceful character ? But what Lord Abinger had chiefly pointed out to the people in his charge to the jury was this : — " You have no right , by force or menace—by forcing persons to abstain from labour , and by interrupting all the peaceful industry of the conntry—to carry terror and something like civil war into every viliage and parish in the kingdom , for the purpose of effecting any political object you may have in view . " This was the subso ance of Lord Abinger ' s address ; and for what purpose did these people thus act ? To carry the CHarter—( hear , hear , hear . ) These were . the act 3 against which
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I ^ ord Abingor ' s charge was directed , and it was nothing like a charge against the right of full and fair discussion —( che . ers ) To such an extent was this system of intimidation carried , that in no less than four or five towns there sat committees , called committees of public safety , to mitigate the terror of the mob , and to permit persons to perform certain Works of necessity or of mercy . If , for instance a person lost a near friend or relative , and it became necessary for him to go into mourning , the tailor was obliged to apply for leave from the committee of safety befo ^? he could work —( hear , hear ) . It was given in evidence , and the documents were produced , proving that men went to a committee , composed of some twelve or fourteen mechanics , oallingth * mselves
a committee of public safety , who would give them a ticket certifying . that it was fit they should be allowed an infraction of the rule , and the next morning the committe themselves would meet tho people in the market-place , and detail to them the license they had granted to the 3 e persons . He did not mention this with a view to show that it was morally wrong to collect labourers together , but to intimate to the House how deep , extensive , and well ; lanned the scheme muat have been , when it spread throughout Cheshire and LiQcashire . Six or eight cases were brought forward , and two were fully established . What was the state of things in August and September , when the Special Commission went down to try these prisoners ! If the most
extraordinary vigilance had not been used to prevetit tho spread of insurrection , it would have been difficult to anticipate what would h ; ive been the lamentable results produced by the efforts of force and intimidation to carry tho Charter . Lord Abinger ' s charges had been published with his own sanction , and it was not pretended that they had been altered or coloured in that publication . To the charge ? , as thus published , he would thereforr , refer . They contained some observations ! on the value of tho country ' s institutions ; and he would maintain that a Judge was as much entitled to advert to such a topic in a > political trial , as he was to observe upon the value of morality and decorum in a trial for any offence against private society .
The Judge did not say , nor mean to say , that all attempts to produce a change in the law or constitution are unlawful ; but that any attempt , or any conspiracy to work this change by force or by the terror of an assembly of thousands , was a breach of the law . An insulated paragraph must not be selected and harped upon ; each passage must be taken in connexion aud with reference to the entire subject to which it related . The sentences which had been so loudly condemned were not those of Lord Abinger alone ; they all were made subjects of deliberation between him and the two Judges Alelerson and Cresswell , and were the result of the united judgment of tha three . With respect to the sentences , he would ask the
Hon . Member if ho had taken the trouble to contrast the sentencesat Stafford and the sentences at Chester and Liverpool I Had he compared the sentences passed by Mr . Justice Cresswell and Mr . Justice Alderson , in the other two courts , witli those of Lord Abinger ? If the Hon . Member had inquired , ho would have found that the other two Jud % ts had met Lord Abinger in the evening , and that the sentences emanated from the united and patient consideration of all three Judges —( cheers ) . Before the Hon . Member had made * uch a charge , he ought to have taken care to ascertain , by comparison , whether one Judge had been sj violent , so cruel , and so inhuman , as justly to be held up as an object of detestation , while the other Judges were to be
admired for their mildness and mercy . On this point he spoke , he might almost say , from his own personal knowledge , and Lord Abinger had beon always most ready to listen to any application from almost any quarter . He might bo permitted to say , that from the beginning to tho end of tb / proceedings he had himself used no expression of which any man had a right to complain —( cheers ) . He had stated the fact ? , and understated them , for such had been his instructions from the Government , and he had not only listen * d to , but looked out for cases to which mercy could be applied—( cheers ) . As far as he could judge , there was a perfect sympathy in this respect between the bench and the bar . The testimony in the case of Cosgrove conaif teH of aa ambiguous expression , and it was proved by ° ne policeman . It
struck him that this was not a , case which justified his proceeding . Alt-hough the Grand Jury had found the bill , he had abandoned tho prosecution , and Cosyrove was acquitted . In another instance , a persoti had undoubtedly been mixed up with riotous proceedings , but it was 6 tated by the prosecutor whose mill he had endeavoured to stop , that the prisoner was a workman in good work , and that he thereby supported an aged mother . He {' . he Attorney-General ) thought that this was a case in which meicy might properly be extended , and the jury , adopting his view of the case , recommended the prisoner ; the JuJgo with eagerness listened to the recommendation , and the man was insUntly discharged on his own recocnizuicfts . Tuis
man , as he had said , was in full work , and , perhaps , he ( the Attorney-General ) was not digressing too fur when he said that , although there existed severe sufferings and heart-rending distress , whi .-h it was impossible to contemplate without the deepest emotion , such privations woro generally endured with tho most patient resignation and fortitude . The .-e were not the class of p .-rsons brought before the Court to receive punishincut for the crime of insurrection ; those who w « re really sufferers suffered in quiet and in secret , and were not often seducfd into crimo . Generally ppcakina ; , the parties brought before the court as criminals were men in full work , and were , therefore , without excuse . Oiio case had Occurred in Yorkshire , where a
party had been paid many shillings by the week in order to induce him to abstain from labour , in order by that abstinence to promote the adoption of th . s Charter . True it was that Turner add F . nton hxd been sentenced , but there were circumstances in their oases which produced an intimation that they m'ght apply for mercy with a good chance of success . They did apply ; the question was referred by tho Secretary for the Home Department to Lord Abinger , and upon his Lordship ' s report t ' ne sentence was remitted . Ho ( the Attorney General ) had necessarily seen much of the unfortunate man tried : one third of the eases wore heard in the court in which he was a leading counsel , aud not a few of tho prisoners conducted themselves with abiiitv ,
with proofs of edtcition , and all with respect . He should be extremely sorry , therefore , if the unavoidable sontence of tho law wero to be aggravated by unnecessary sufferings in prison , or by tho taunts of the Judge —( hear , hear ) . It would have been more candid in the Hon . Member , if he wished tho Hou ^ e to come to a dispassionate investigation of tho conduct , of Lord Abinger , to have omitted matter calculated to excite sympathy with the prisoners and indignation again t tho presiding Judge , when that Judge had done no more than discharge a painful and responsible duly . As far as the Government was concerned , the state of the oountry called for the instant assertion of the supremacy of the law ; in this rrspect the case was similar to that of
Monmouth , where , in defending the prsoners with all hia z al , he fel ¦ bound to admit that he had no complaint to make—that the dignity of the law was asserted as soon as possible after the commission of the crime . No charge could be adduced against the Government for issuing the Special Commission as soon as possible ; but tbe prisoners had a right of traverse to the next assizes , a < nd of that right those who were in most affluent circumstances had availed themselves . The only patitlon printed upon this subject had been presented from Kineston-upoii-Huli , in which the petitioners declared that they ( as who did not ?) sympathised with the degraded and depressed condition of tho labouring classes , and they went on to say that punishment ought only to be awarded in
proportion to the wrong proved to have been inflicted upon society . This , as an axiom , was true , but there , perhaps , had never been a time when greater real danger threatened the countrv than at the period to which he was referring . Tne petitioners went on to state that they conceived a fair , patient , and impartial trial had not been afforded . There was not the slightest pretence for thiB motion : as to tho hastening oa of the tiia ' s , not oiie had been urged oa when any reason could be advanced for the postponement of it , and at all eveuis no hint of accusation had been brtathed against the jury . The petition concluded with a prayer that her Majesty would bo pleased to visit James , Lord Abinger , with some mark of her royal displeasure .
Mr . Duncombe—That is , if the allegations against him were found on inquiry to be true . The Attorney-General added that he felt called upon , even out of respect and consideration for the Honourable Member for Finsbury , whose zeal in the service of tho public was wull known , whose incessant toils for the public ^ ood were admitted on all hands , and whose eloqueuce , when he urged any topic upon the consideration of the House , was to be admired , to meet the present motion with a decided negative . It was singular , if the case were so glaring , that not the smallest complaint had been heard from the parties themselves , or from any persou immediately interested in their behalf . He ( the
Attorney-General ) had not heard the charge to the grand jury , but he could speak personally to every other part of the case ; and it saemed to him , from reading the charge , that no exoeption could fairly be taken to it . His respect for the Hon . Member induced him to do all in his power to save him from the disgrace and opprobrium of proceeding with a charge which , as far as the Honourable Member was concerned , could have no favourable issue . He concluded with a panegyric on Lord Abinger ' s character , and an admonition to Mr . Duncombe to spare himself the discredit which would redound to him from ( he inevitable failure of his accusation .
Mr . Ross contended that the mere numbers of an assembly , without actual force , would not render it uniaw / ul . Mr . Thesigkr considered it unfit that the House should deal with any complaint against a . Judge which was not of Buffioient weight to require , that upon proof of tlio facts , an address should bo presented to the Crown for hia removal . If applications liko the present were entertained , there would cer-
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tainly be no ( end of them ; for in every cause there is one party discontented , besause there ia one successful . That would be speedy destruction to the independence of the Judges . He then gave some extracts from Lord Abinger ' s charges , and showed how little they were open to the imputations of cruelty or unconstitutional tendency . He vindicated the sentences upon these prisoners and the general reputation of Lord Abinger from the charge of seierky , and explained the sense in which Lord Abinger had used certain expressions , much misconstrued to his prejudice , in the trial of Lord Hertford ' s valet . Looking back to the brilliant career of the Learned Lord , he felt jealous for a reputation which had so long adorned his profession , and he was anxious that it should remain unclouded to the last . I
Mr . Sergeant Murphy said there was no one who more willingly admitted the unwearying attention of the Noble and Learned Lord , or more admired his spirit , his acquirements , and his generous feelings ; it was , perhaps , on that account , that the weight of his example , when he brought his talents to the bench , wasj more likely to influence the'individuals coming after him—( cheers ) . It was 9 tated by his learned friend the Attorney-General , that thecountry was convulsed from one end to the other , that the minds of mien were deeply alarmed at the riot and rapine reigning around them . It was surely most important , [ therefore , in the position of the Noble and Learnejd Lord , that he should be most guarded in his statements , and he ( Mr . Sergeant Murphy )
must contend that a political charge was peculiarly unsuited &i euch a time —( cheers ) . He would ask his Honourable Friend the Attorney-General , whether the political srate of the country did then require the ! Lord Chief Baron to travel vut of what be called the strict line of his duty I When he found the entire state of the country to be such , that the minds of the grand juries had been previously inflamed against the lower orders by the violence and the consternation then existing , the spirit of the constitution should have led the Learned Judge who was sent down to administer the law , to pause before he said any thijng to foster the irritation . He ou £ ? ht rather to have tempered it by wise and gentle speeches than have made a political chargeamidsl theseexcited
feelings ( cheers ) . The Attorney-General had appealed to the state of the country at the time . Was Lancaster in a worse state than Stafford or any other part of the disturbed districts ? Were the mill-owners , in tho one cabe , less injured by the riots than the flagrant instance where the owners of the mines in Staffordshire found that their mines were s | ppped by violence and tho men prevented from working ! In point of fact , the persons of tha mine-owners were threatened with violence and their property with fire . He wouUI ask . then , if that were tho state of menace in [ Staffordshire , and if the arguments of his Learned Friend the Attorney-General , arid of his Learned Frhnd the Memhter for Woodstock , were correct , and in the case of such excitement advice
ought to be afforded by the Lord Chief Baron , why the coursii which wag so ^ ood in the one case had not boon adopted in the other ? If it wa 3 the duty of the Chief Baron , at Liverpool , to make this charge , was It not equally the duty of Chief Justice Tindal , at Stafford , to make a similar charge—( cheers )? ; Yet let the House look at the terms of the Chiefiju 3 tica ' s charge , and see how it was couched —( cheers ) . He had never , till he came into the Houne , read the charge of my Lord Abinger . The charge of Lord Chief Justice Tindal he had read at the tirale , being in Ireland , and he congratulated himself , being in a country notorious for the parversion of ithe B ^ nch to the purposes of party , that Lord Chi < -f Justice Tindal , in this country , and in a time of great excitement , had delivered a charge which was a model by which any judgo might profit—( rhf-ers ) . He reverenced the judges of the
land : and why did he reverence them ? Because he did brlieve that if there was anything which they brought to bear when they took their judicial seatin addition to the great learning they possessedbetter than any othur , it was the feeling of tbe absence of all political consideration —( cheers)—it was looking at : the question submittea to them in that calm and'dispassionate manner , that it was said of Lord Tenterden " he would try a question of sedition or of treason as he would a bill of exchange "—( cheers ) ; He said that th ; s was the principle which ought to gorern tho Judges— ( cheers)—and that no Judge ou gh : to travel out of the record immediately before hin ? . If the topics introduced were calculated to prejudice tho individual to be brought before the court , it appeared inconsistent with the riijht conduct of ajJudge . Give h'tn leave to ask whether there were no Chartists to be tried before ths Lard
Chief Baron—( cheers )? Was it not notorious there wero many Chartists included in tbe calendar , and had it not been tho argument of the Attorney-General , as showing that these parties wero not driven to their misguided c n . Juct by any want , that the majority had [ been engaged in n political outbreak , that their wants had been ministered to out of funds provided by the so-called Charikts ; and , in fact , that many wpre Chartists ] It this ware so , what rigkt had a Judge , t-iaing upon the bench , to pr judice these individuals— ( cheers )? Allusion had been made I y the Attorney-General to the conduct of the ' Crown . He ( Mr . , Sergeant Murphy ) admitted that the conduce of the Crown had bfcnsmost lenient . Ho was happy to see ihat
the Jure ( jovernnunt had b . •< n lenient in their prosecutions ; ho was equally happy to Und that tho present Government had , in this leniency , imitated the conduct of their predecessors . As allusion had been made to the prosecution of Frost , ho tnust a * k tvhat was the State of tho country during the trials at Monroouth ? The attacks there were not confined to tho buildings ; there was a regular conflict between the troops and the people , and there was the act of treason iD levying war . Did the Ltfrd Chief Justice , in addressing the Grand Jury of Monmonth , say that this assemblage w&i a part of that class of people who had made up tneir minds to carry their political objects by setting the army at defiance , and collecting an army of their own ? He did no men
thing . He explaimd to the Grand Jury the law of High Treason , from the timo of Edward III . down to the present . day , and tha ' . when the conduct of the different parties was brought before them , it would be their duty to give their decii-ion , not on any extrinsic circumstances which were not in his charge , but fromithe law as he had uiifoMed it to them . And what had been the conduct ofthi ; same Learned Lord at Stafford ? He declared , " . know no Chartists here "—( cheers ) . So ought it to be in every court of justice . The principle of the law ¦ was that it had no respect of persons : the principle of the Judges had over been , that th . jy laid down their politics on the threshold of the temple of justice , and never stepped
over it —( loud cheers ) . Tiiat was the reason why the people abhorred political Judges—( cheers . ) This was the reason why the high character of the judicial seat-had been preserved from a political character , with : great advantage to tin ; administration of the law . i They had never brought the weight of this bi « h judicial character , in order to stimulate the feelings of grand juries , already sufficiently opposed to tho mistaken notions of men of higher standing than theiChartistg , men who , if mistaken , bore the name of Radicals . All his Hon . Friend , the member for Finsbury , said , was that enquiries sh > uid be ma . de ; if they were prepared with tne Learned Gentleman , the Attorney General , to fiivo the negative
to the charge made against tho Noble and Learned Lord , they would consent to the motion , which would in that case , end in that which he ( Mr . Sergeant Murphy ) would greatly rejoice , the acquittal of Lord Abinger , and prove that ne was no exception to the character he had ascribed to the ju Jges of the land ; but if , on tho other hand , the inquiry should prove that the charge against the Nobie and Learned Lord were true , he would not regret that his Hon . Friend , the member for Finsbury , had flown at such high game , and that he would let my Lord Abiugtr know that dignity , however great , or talent , however exalted , must not trench upon the principles of justice—l ( loud cheers . )
Mr . James Stuart Wortley said , that the opinion [ of Mr . Serjeant Murphy , if deliberately formed , \ might have led him to suspect his own judgment ; but he wns greatly relieved , as well as surprised , to find that the Learned Gentleman had joined in this attack on Lord Abinger , without even having read tho document upon which the attack was grounded . He argued , from constitutional hist-jry , j that a Ueneral stricture on the state of politicaljaffairs was a fitting and a recognised to ? ie iu the addresses of Judges to Grand Junes . He quoted the arguments used in the case of Baron Smith , and showed them to be conclusive for refusing tli 9 present inquiry . Lord Chief Justice Tindal . whose charges and whose whole character
had beeh so deservedly applauded , had delivered , after the riots at Bristol , a charge , entering into the general question of thfl duties and rights of soldiers as citizens . Serjeant Murphy blamed Lord Abin # er for adverting to Chartism . Why , was not this a Chartistjinsurrection ? ft would have been blameable to Jtalk about' party' politics ; but the politics of Char ; ism constituted the very subject which Lord Abingor had before him . He C&lr . Wortley ) then went through those passages of tho charges which had been principally impeached , and defended their general tenour , showing Lord Abinger
to have ; committed no such absurdity as that of saying that every assembly of 2 , 000 or 3 , 600 people was unlawful ; but simply to have stated , that every such meeting became unlawful if force or intimidation were its real object , and deliberation only its pretext . ; He read some evidence to show tha state of the country , defended Lord Abinger ' s sentences from the imputation of severity , and took credit for tho course adopted by the Government throughout the prosecutions . He bore testimony , to the general kindi > ess of Lord Abinger ' s nature , and deprecated a proceeding like the present as a precedent fatal to the independence of the Judges .
Mr . Wallace said , the Hon . and learned Member who had-just sat down had received the mo 3 t singular exaniple he ever saw in that house of tiie indulgence ltjaivays showed to new members . ( " Oh 1 " and laughter . ) As an old member ot" tbe bcuss , who had had a seat there for ten or elevea years , it appeared ( 6 him ( Mr . Wallace ) that the Hon . Member
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had totally forgotten that they had diseased thdistresses of the country for Bve consecutfve niJh £ last week , and that ho ( Mr . Wallace ) had £ I motion on the distress of the countrv vat Li * on ; for the Hon . Member had etoso 7 Jt £ i < T * of the ground of the speeches whtoh had been £$ were to be made on the subject-daughter ) wSu regard to the charges made by Lord Abinger whilst on the Special Commission , he fiad seen it hisdntw to purchase the book of the Noble and L 9 arne < f Lnr / and not to trust to reports of newspapers at ill k «? to trust to th ^ Learned Lord ' s own shUUn / s \ S ( Cries of" Oh 2 " and "Pooh" ) - Oh / and" P 0 ? h ^ —( laughter ) . They were good words ' to - com . tA . gether- ( a laugh ) . He had read this pampff J £ the very greatest care , and the conclusi on whiXu * had arrived at waa the same , which he had arrived «! on reading the London and provincial papers With commission
regard so a special , he ( Mr . WalWi considered it a very awful thing in the countrv TV Judge sent down was bound to purge his mind from every feeling not that of duty , otherwise ha did w properly fulfil the office of a Judge ( hear , hear > "fip , » hoar ! " He ( Mr . Wallace ) said so too ( laughter ) . TheS was a wide di&ttncdon in the Judges os the B ° n c of England , which he hoped never to have Been " reminded him , with sorrow , of the scenes he had witnessed in his own country , and which had del graded the bench in former times . He could not forget in his younger days , in 17 ^ 3 and 179 ] how the Judges in this country had coudemred to condign punishment and even to death men who were never tried , except by packed iuri . a
and prejudiced men . They were condemned before ever they entered the court . That was strong lau . guage , and he was prepared to prove it . The Hot Gentleman who last sat down had quoted from the Examiner . He ( Mr . Wallace ) did not believe the Examiner would descend to notice such conduct as that of Lord Abinger—( cries of * ' Oh ! oh !'') vu did not believe it would . ( " Ha ! ha ! " and loud laughter ) . He did not know before that the editor was a lawyer ; but let him cut his pen well for nex * Saturday —( laughter ) . It appeared to him , on reading this book , that the Noble and Learned Laid was well crammed as to the manner ia which he was to deal with the Chartists , of whom he ( Ml *
Wallace ) was not one . He told the Grand Jury at Lancaster he was going to give them a littl e bit relating to the Chartists and the Charter , ia eas 9 anything of the kind should come amongst ihem at any future time . If any Judge were to say bo to a Scottish jury , the foreman would be a very meanminded man not to pull him up for addressing them in such a way—( laughter ) . He ( Mr . Wallace ) should like to see the Judge who would say to him as juryman , he would pull him up—( loud lausfatert —and it was not the first tima that he had pulled a Judge up—( Roars ot laughter ) . Tjj 9 foreman of a jury at Liverpool had told the Noble and Learned Lord not long ago that they wanted no more of his information , that they knew their duty
That Nuble and Learned Lord seemed to him to have proceeded on his mission for the purpose of showing that there were two descriptions of persona only ia England who were entitled to the protection of the law , and these were the holders of property and the aristocracy ; for he told them distinctly , in so many words , that if the masses of the people who had no property were ever to be considered as worth y to be admitted co choose their own representatives to that House , nothing but revolution would , be the consequence . Now , he asked that House , had these people no property ? -rhad they not their ten fingers ! ( Ltud laughter ; " Yes ,- an ( f their ten toes too . ") What was the value of their
estates without ihese ptople and their fiugen ! ( " Toes , " and laughter . ) And where would be their trenching and ploughing ! ( " Oh , oh ! " and josh of laughter . ) " Oh ! " Yes . ( " Oh , oh ! " and continued laughter . ) He was speaking of the property of the working classes ; they were thoseivho had been refused any inquiry into their petitions ; they were those who had been oppressed , and grievously oppressed , by the Learn « d Judge ; and they were those who must cow euffer for months to come without knowing whether there was to be any amelioration of their condition in commercial or financial affairs , accqrding to the statement of the Right Hon . Baronet oa the
Treasury Bench . He had hoped he never should live to seethe day when similar conduct to that of the Scottish Judges , to wiuch he had alluded , would be known in England . Ho would justread the charges of one of the Scottish Judges made at the time to which he was alluding . ( " Question . " ) The different charges of Lord Abinger at Lancaster and other places , in turning out of his way to make the statements he had , had made so strong an impression on his ( Mr . WaHace ' e ) mind , that he ( Lord Abinger ) had done what he ought not to have done , or that he was through premature old
age , or some other cause , uuStted for his position , that he ( Mr . Wallace ) would be most happy to see that Judge retire in the eame condition that he , ( Mr . Wallace ) had proposed that the Scotch Judges should retire—with his full and entire salary , and all oiher allowances . If it were true that Lord Chief Justise Tindal had pursued a course entirely different tothe Noble and L ° arned Baron , with the complete approbation of the whole press of Esigland , Ireland , and Scotland , he would ask again , how was it possible that Lord Abing- ? r could not bewron « f He would read to the House tho summing up of Lord Justice Clark ofr one of the Scottish trial * to which he had
alluded : — " The question for consideration is , jsttie panel guilty of sedition , or is he not I Before this question be answered , two things require noting : the krbt is thi ? , that the British comtilution h the best that ever was since the creation 01 ibe world . "—( Laughter ) . " That is the first thing ; " and the Learned Judge then advanced this rather stronger assertion— ' and the second is , that it is not possible to make it better- ( continued laugater ); -tor is not every man secure , is not every man reaping the fruits of his own industry , aud Billing « n , ffilv nntor t . hft shade of hi 3 own fig-tree 1
He ( Vlr . Wallace ) thought it was exceeding ly difficult to say that every man had hia rights in this cowtry . The person on trial was named Muir , aid tne j-idge went on to say , " Mr . Muir mi * ht have known that no attention would be paid to snch » » bble < Whit right had they to representation ? ^^ f exactly what Lord Abinger said . " He could have told them that the Parliament would never listen to their petitions . " . He would not even permit them to be heard in the House . That was the case now The petitions of the people were jimmed m a j » k on the table of the House , ar . d their petitiouswae never heard . The Attorney-General had said u ™ remarkable that none of the prison , rs sentenced oy for
Lord Abinger had petitioned for redress , or wo amelioration of their sentences . Would any _ man tell him that a prisoner with the treadmill bea « him would put hi . s hand to such a petition ! flo mm durst do it . It would be heard of in that Hou e , the names would be sought out by a committee , ana the prisoners would be punished- Why , it even appeared that at Knutaford the other dsv , ob a party of ladies and gentlemen visititfg «»» P ? « V number of prisoners were set to work on the wan mill for their amusement . He ( Mr . Wallace ) had attended a meeting of 100 , 000 persons not lon g ago to express their feelings on the state of tbe comwji and he wished to God there was anotaer t 0 ;^ ^"' and that Hon . Members miiiht be present to near
what he had to say . ( Laughter . ) Ihe P e ° P ; °£ that meeting had come Jo a re-soluiwn «»* ""^ Tr Lord must totally have forgotten what sort ot m «» ings they were darins ;; the time that the ^ "J ^ JL was in agitation . The Right Hon . the Horn » Swj tary wouid remember that there were p tarty « J sum meetings . ( Laughter . ) He ( Mr . Wallace ) wj » J bered one large meeting , too , which ha an « « JJ Home Secretary attended totfether- ( Laugtuer » " Question" ) -and one of the occurrence ^ r jrtwj had happened was this-thero was a W «» D « " row in tho C . urt hous ,- ( liughter . ) TheM' «* £ ( loud laughter . ) But tho Ri »{ ht *^ n . GentigJ took no part in it for or against . " * aLfte . the Tories ; therefore neither tho Right H ^ Genw man nor he ( Mr . Wallace ) took any part « ( laughter . ) They then ,, the freeholders wr ^ county , agreed who should bo the laemuer . - knew tetter than the R * ht Hon . Member oppg £ how they had settled it and who was tow > ¦ T " _ Thev settled h over the clarvit an I &&& ?** ,
daughter . ) He ( Mr . Wallace ) never was «* ££ « , those days , but he did all he coula to sko ™ . cons i . in . In the coune of the evening there was ffeQt derablebit of a row got up ( laughter ) and ^ ^ to the window 3 of th ^ dining room to sea .: waa was , and it was the sheriff of tbe comty , w » rfa the greatest man they had there , upon ^ J ^ ming priva ' e dragoon and ten or twelveatter fliwj . fa d w see " where was th , row ; " « d no cM j ^ more heartily than the Rfcht Hon . G ™ T < a ; Earl £ . site to see the fi-uro he cut . This « ras « * what What did Judge Clarke next say ! W fl - > » and right has he to representation ? -i ^¦ . ^ was loud laughter . ) Th .-y might depend upon 1 ft going to read it . " Tae landed mterert-dona £ rigln to be represented . " Very well-Ow * » Hfl ter . ) He weat on- ( Loud cries of Ojv ° - \• J of ( Mr . Wallace ) conceived that this question was ( Concluded in our Fourth page- )
Untitled Article
OCONNOK , E £ q . of . Middlesex , by JOSHUA BOBSON . at to £ jj ing Offices , Nos . 12 and 13 , Market-rtreet , Bng »" and Published by the said JW * * w £ ( for the said Feargus O'Connor , ) ** »»" W ling-house , No . fi , Market-street , Br . ggats ; Internal Communication existing between the w No . 5 , Market-street , and the said ** jffig ? 13 , Market-street , Briggate , thus c " ; nstltut Sl whole of the raid Printing and Publtebta ^ one Premises . . ^ All Communications must be addressed , P »| -r- » ' Mr . HOBSON , Northern Star Office , Leeus . iSaturday , February 25 , 18 W-
Untitled Article
8 THE NO RT ^ ERN STAR .
1.Eeds :—-Itiniea Ior Tuo * '»F"— «„„!,» Hammersnuth ≪W Leeds :_Prmted For The Pw™^™!**^
1 . EEDS : — -iTiniea ior tuo * ' » f" — «„„! , » Hammersnuth < W LEEDS : _ Prmted for the PW ™^™!**^
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Citation
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Northern Star (1837-1852), Feb. 25, 1843, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct791/page/8/
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