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Leader (1850-1860), 4th June 1853, Edition 1 of 1, Page 542

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      Untitled Article

      or temporary press of business , but made quite in accordance with a movement begun months ago , and now felt throughout the whole of Great Britain;—that movement originating in the mighty impulse given to trade and commerce , the causes of tliat impulse ( which in us might be egotism to attempt to define ) must , we think , be to you both manifest and manifold . Knowing , therefore , that general prosperity prevails in every branch of industrv throughout the country , we do feel justified in respectfully , yet firmly , asking to be made comparative partakers of that prosperity which ( permit us to say ) we , by our industry , in a measure help to perpetuate and sustain . We also think our proposal equitable , because

      by comparison with other skilled trades we acutely feel we are not on an equality , and that we are not sufficiently rewarded according to our merits . We can appeal with confidence to you , as men understanding the difficulties of our art , to say whether the skill and necessary proficiency needed before we can give satisfaction to you , do not require it ; whether the mental capacity and physical activity that must be possessed , do not require it;—whether the continual and necessary outlay on the wear and tear and loss of tools , does not require it;—and , though last , not least , whether the progress of the age we live in , with its expanding intelligence and cultivated refinement , does not require it P "We know , gentlemen , by experience , that labour has its duties , and at the same time we also

      intuitively feel that capital has also its duties ; one of those duties , in the one case , requires us to seek—and one of those duties , in the other case , must require you , the possessors of capital , to assist the working man to advance step by step , as other classes of society advance , so that in his own sphere he may realize and enjoy the benefits and blessings that civilization and progression necessarily confer . We have no intention or wish , to disturb the kindly feeling that should at all times exist between us , but we do think that an amicable arrangement in accordance with our request . would tend to the well-being and welfare of both masters and workmen . Hoping , therefore , that you will take the subject into your immediate and serious consideration , —We remain , respectfully yours .

      Newcastle-on-Tyne , May 28 , 1853 . We have inserted this address in full , not because it contains any new truth , in economical science — there is not a word that will seem strange to any who have read our own columnsbut the whole production is a standing proof of the strong intellect and determined , if enduring , spirit which distinguish our true workmen . It is as far removed from nonsense as it puts to shame the blustering of a demagogue . The truth is sound , and it is wisely spoken . The masters cannot choose but listen . l ? or what is

      to be the end of the great prosperity on . which we remarked ? Masters seem to have forgotten to whom they owe their wealth . Their capital might be valued as so much rubbish , except for the capacity , intelligence , and labour of the men whom they employ ; and still tke larger benefit accrues to the capitalist . Certainly , more workmen receive wages , but there is more work to be done , and the master is benefited by every now arrival . But it is the capitalist only who is to be benefited by an inerease in the rate of pricesat least , so thinks the master , and so he acts . We wish wisdom to the Newcastle masters , and success to the Newcastle men .

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      NO CRIMINAL APPEAL . Wednesday ' s debate on Mr . Butt ' a proposition to create a criminal appeal lias rather < lamped the ardour of our law reformers . It was anticipated that a Government calling itself . Liberal Conservative would have been favourable to a measure which compassed a decided improvement without requiring any preliminary destruction . It was supposed that Lord Palnierston , who , whilst ICossuth remains here , must bo considered

      overworked , would have given hi « support to a suggestion which relieved him of judicial duties , and would have been glad to have had more leisure from his constabulary labours to devoto to the concoction of epigrams for delivery on particularly serious occasions . But vaticinations which arc clearly expressed before their fulfilment never come true . The Homo Secretary in not a man to he judged by ordinary rules , and people who predicted what bin common sense would say , forgot tlmt judges l » ave interest and votes , and that the proscn t system of no appeal saves those

      learned and lazy functionaries considerable ! trouble . They forgot also that a pardon is overy now and then a matter of patronage , and that the member for a borough , u \ cry church in which has been putting up prayers for the soul oi a " serious" murderer , may ho placed under a heavy obligation by tho remission of a sentences objected to by his piously unscrupulous constituents . The Homo Secretary knows better thjin to permit u power which is useful to the Government , ^ lauour which bo ( U )]( lod tQ a ? £ J - ? lmBH 1 Vom hiH ) mudH i « u » d his pretext" tor P « r l > etuating the iniuetiee of which ho

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      is at present the instrument were very ingenious . But pretexts are not reasons . Let us , look at the actual state . of the case , considering it not as possible Home Secretaries , but as citizens interested in the efficiency of our law courts , and anxious to see justice done on all occasions . There was the case of Kirwan , a man who , if guilty , deserved the severest punishment that , with due regard to humanity , a civilized community could devise . The jury were ^ evidently in doubt ; between prejudice and

      evidence—between their unwillingness to pronounce him innocent , and their temporary scruples as to declaring him guilty—they evinced considerable hesitation . They were not allowed to Bay , " Not proven ; " so , as there were twelve of them to share the responsibility , and they were backed by a hanging judge , they followed their inclination , and pronounced the damning verdict . But the press , representing the unprejudiced public , resisted the iniquitous decision , and , which was worse for the jury , sifted and criticised the evidence upon which , it was founded .

      The judges became frightened : to be sure they had warned the prisoner that they could hold out no hope ; but at that time they had not the fear of journalists before their eyes . They had given him some excellent advice , as to the method of preparing himself for eternity in a fortnight ; but the newspapers , whose writers thought that , whatever might be the ease with a murderer , a mortal not blood-stained should have a longer probation , denounced the iniquity in ' contemplation ; and ifc became evident that such a judicial sacrifice would bring the law into contempt , and its administrators into execration . The judges advised , not his pardon , but a mitigation of his sentence .

      The question was , Is he , or is he not guilty P The answer , in the first instance , was " Guilty ;" and , if he was guilty , he well deserved hanging . There was an appeal , on the present plan ; and what was the reply ? Indefinite as to his guilt ; straightforward as to his transportation ; and , at this moment , nobody knows whether it is Kirwan or the public that is undergoing * an injustice . Barber ' s case , also , is an illustration . He w *» accused-of being implicated in a forgery—a hanging crime but a few years since—and was found guilty . His counsel , Serjeant Wilkins , convinced of his innocence , was too generous and humane to rest till he had established it . The

      man was not executed ; that was something ; there was additional evidence , and that confirmed his friends' belief . But ihere was no appeal . The counsel supplicated the attention of the Home Secretary , Sir J . Graham , who did not give it , and Barber , a gentleman , found himself a convict amongst the lowest of the low . For months there was the sedulous appeal , and in reply , the cruel and contemptuous neglect . Sir G . Grey , all honour to him for it , did , when

      he came into offico , go honestly into the case . The innocent convict was " pardoned , "—a hard word , which conveys the idea of preliminary guilt ; and he came home . Was he even then pitied , and treated as a martyr for what he had endured P It was only a Home Secretary to whom he had appealed ; the judges despised that functionary ' s decision , and Barber was refused his certificate as an attorney . The wrong judgment in court had been bis ruin ; tho right , by Sir G . Grey , could not reinstato him .

      We leave these cases to speak for themselves ; but wo desire to call instant attention to tho subject . Law reformers should look to ifc earnestly . Let men continue to suffer penalties , and to bo denied justice , should their witnesses turn out to be " secularists , " —that , they say , is a tributo to religion . Let widows and orphans bo completely ruined , if a negligent attorney has left some of their family documents unsfcumped—that ,

      we know , increases revenue . Let ladies still be tied to lunatic husbands , without the possibility of divorce — thai ,, of course , promotes morality ; but do not Jet the issue oi life and death be in the hands of one who has neither tho professional aptitude nor the leisure to decide upon tho facts on which a jury has gone wrong and judges have been divided . That may bo murder

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      TIMO KNHJJIT OF DERBY . WirKN pride in accompanied by a chivalrous exultation of mind , and a generous regard for tho lowly , it may ho viewed with indulgence , if not

      with affection ; but when it descends to the level of the meanest vulgarity , it loses all that can extenuate its arrogance . In like manner an Opposition may win the public approval , however unsuccessful it maybe , so long as it embodies independent opinion , and criticises authority with , the spirit of popular censure ; but when , m an , endeavour to impede the responsible managers for the public as such , it resorts to contrivances of obstruction and delay , it is as likely to hinder the wants of the public as the successes of

      political rivals . The Parliamentary Opposition is seen in that posture . In the Commons it is anticommercial , in the Lords it is anti-noble . In the Commons Mr . Disraeli and his coadjutors are endeavouring to delay the arrangements of the Budget , upon which not only Tier Majesty's Ministers , but her Majesty ' s City of London , and her Majesty's merchants throughout the country , are resting calculations , for the moment kept in suspense by these delays .

      If indeed Mr . Disraeli had adopted the amendments of Mr . Ingram Travers , and the City teadealers , he might have rendered a public service at least to that body ; but he appeared to shrink from such a responsibility . He neither furthered their amendment , nor furthered the settlement for which they were anxious , but hindered Ministers , tea-dealers , tea-drinkers , in short every one it has been an Opposition to public and people as well as to Administration .

      This would be awkward for the statesmen on that side of either House , but it is far less damaging than the posture in which the Opposition is placed in the upper House . On Friday , Lord Malmesbury , a leader of the ex-Ministry , attempted to arrest the progress of the Successiontax bill by getting a committee to enquire into the " probable effects , " &c . That extraordinary attempt at delay was signally defeated , notwithstanding the great attempts of the Opposition to collect strength for victory . Stung probably

      by the defeat , the Earl of Derby suffered his temper to get the better of him , and not only of himself , but of his courtesy and his sense of what is due from one peer to another . It was a damaging scene to the Opposition on Monday in more than one respect . Lord St . Leonards was opposing the motion for the commission to enquire into the corrupt practices in the borough of Maldon ; he was contending that the conclusion of the committee ought to be in

      the negative , because the committee had not arrived at that conclusion by accurate judicial process ; on which Lord Campbell asked him to read the Act of Parliament ; there was a slight laugh : Lord St . Leonards replied with great warmth , and left the House abruptly . In justifying his refusal to take further part in the discussion , Lord Derby not only glanced at Lord St . Leonard ' s great age , but accused Lord Aberdeen of " permitting levity and sneering laughs to some or his subordinates . " The warmth with

      which Lord Aberdeen rose was natural : ho had a right to ask "What does the noble Earl mean ? Who does ho mean by ' my subordinates f and what does he mean by saying I gave them permission to sneer V" Peers indeed do not wait for permission from ono another , and no mun ought to know that better than tho Earl of Derby . But by what fantastical and vulgar pride did he deign to call any peer in tho House " the subordinuto" of another P The man who uses that

      language shows tho pride of aristocracy with tho vulgar tasto of the most uncultivated man in the community . Lord Derby speaks like ono who has been accustomed to Jook down upon his inferiors in rank , and who has been so hardonod to that unseemly condition of mind and heart that ho carries it oven into tho house of his peers . Insolence is a family failing ; but that which might pass for a rough kind of chivalry in tho days when hard words might have to be sustained by hard blows , becomes the pert vulgarity of the servants' hall when it is exercised in a quiet assembly , and in a day when tho only custigation for luird language is social contempt .

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      "A 8 T 1 MNGER" IN PARLIAMENT . "Tur question upon which we have to nuk tho House to proceed to legislate , —eaid Sir C . Wood last night , trying to riso to u conception of hia position , —uitects , for woitl or woe , tho destiny of 160 , 000 , 000 of our follow Hiil ) j « t : t « . " lle-ur , hu-ur , mid threo British gentlemen in conscientiously solunin tones . No doubt it was u vuot topic and a great occasion : but only 160 gontlemon could bo got together to bo audience . Tho * e woro

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      542 THE LEADER . [ Saturday ,

  • Citation
    • Leader (1850-1860), June 4, 1853, page 542, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1989/page/14/