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Northern Star (1837-1852), 6th July 1839, Edition 1 of 1, Page 3, Untitled Article

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    • THE NORTHERN STAR. SATURDAY, JULY 6.
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      Untitled Article

      Thb TRUfc or T £ B fkisokb ** engaged , in tie lot iasarreetioa in Paris , commeaced ^ in the Co » ri of Peer * , o » Ttoirea * y ; i » LTke trial appeared . to cXfltte little interest gefteratfj . There wiwno crowd ¦ fcuaithe Clumber . £ Gkbat Jtuaiciwea . —Tha Gfoie « f Friday eaya , " This -being the : first annrmsary-ef her Majesty ' s-ceraaation , tbt day loiVn obeerved with tiie ataalloyaVTejoieiags . " We wish th » GWe had told m wftete these loyal rejoiarrgs toek ^ laee ' . "We saw O 9 BS of than , sor did anybody elie , — QkmtUr . TEHPEtkSCS SOOIBTT—TRTf TO YO"Dfta-At , ~ The tee-tetallers ba *» « rroi their . partiality

      to " »» t « " tn jn&eh *• extent that tiey "h-aw coraa need a eries ol aquaie exoirsons . On ruesdiy about 450 per * oa « , of both sexes , mesbvrs of the Temp « r * nca Society ef Cork , coWttd « t the early ¦ ur of rix e'dook , on board the * rim « teamer ^ tr , for tb * porpose ' -of proceeding ou » pleasure trip to Youghal . The flag of th « Air was a very tasteful « uig » , upon which weredexribed two Urge Bait and female £ gor « , each Waring a flag . Upon thatofthe female was iworibed the word * *• domestic Iwppieew , " » ad upon that htU by tke rale figure , n so 6 riety . " A Tery excellent baud mi o » board .

      The Jvgslvrg Gazette publishes apscrypnal in * te lligenej reeei * -d -rora Alexandria relative to the wogre « of the war in India . Accerdicg to ose fetter : . — " The India mall has bought intelligence « f Runjeet Sing ' * aroir having jaintd po » 8 € 88 ioa of > B 7 * *} important toVni of the Cabool , aad » f it * fceing in fail march for the capital . " Another cor-Twponaent ef die skme pa ^ er say *— " Positive iafcrmadoa his been received , tilt the war for replacing Shah So ^ an •* the throne , has been nroaght : o a conclusion satisfactory to the East Ifi . dk Company , by the submission of Dost Mahommed Khan . "

      . £ Wohik Strangles bt her Bosnet Stjukss . An -pxtrensely dissipated , drnnk'ii , aad disorderly woman , of fhe name of Elizabeth Kenchem , met her death oh Wednesday night la * tin th * following uorel manner : —It appear * that she went to ted yith ber bonnet on , bat in that restlessness which intoxication often creates , s ^ e fell out of bed . and Wt bonnet beesraio , fastened betw een the bedstead or bedpost aad the 'wall , * h » was so drunk as not to be able to unloose the string * , and was in oonss-^ Benc * itrasgied .

      YBRT RBJL&OKABLi . —A masieaV rerr ] ew * r in the Mvrning Chronicle , reordin ? the performance tf tie " MtsriaB , " at the Foundling Hospital , mj ? tiiat tie air "Every Talley" '' was exceedingly well sna ? by Mr . Bconett , who thTew eansiderable wiergy ia * o tho ? e passages which Braham vs'd , fVhy doe * he not do so ( trill ?) to give with roch TOptral ! el ? d effecr . " No = r , when it is recollected that Ur . Br&ham kai nearly attained to the ripp age of three score year * and ten , we think it mn « t be aeknot * l * dge < l that tie qnestioa ia somewhat aoreasoTjable .

      A » 156 ESIDU 3 Mobe of Sjft'QOLiKo has reen oetected by the rid ^ -waite .- stationed on bsard the Lang Strangfurd . arriT .-d from Hamburgh , aad now Qi * chaTgiQg at Brewer ' s Quay . Eijiat square hz * rf tiaber , sixteen feet six inches lontr , and each p ? rfbraled like a pnap , the bore boing 63 ^ inches in oi « Bet * r , and plu ^ g « J , so as to read r discoTery unast impossible , vrr * . in coawqaeacp of the wood wsrphsjf sad shoeing the marks of the plugs , * n * - pected to c ^ atxin contrabaad g-oo ^ s , &ad Bant to the Qaeen ' g Warelionse to b- > examined . Taey wtu Icund to contain a pon ^ iderable qnantiw of tobapco , dgsjr , brandy , and cordiak . —London ixrver .

      The Precubsob Society . —The Precursor Society ce ; d a meeung in the Corn Exchange , I > oblin , on Thnrsday week . There were a dozta persons in the room . The members of tke press present amounted to nearly the same nuinfer . Tbe room has been newly painted and improved , no daub ; in preparation'for renewed agitation when the jaterEal asir&tor arrives . Awfkl Death . — . . journeyman cab ; nrt * mtker _ in > fee Fftubaarg Saiat Antoitel nt three weetoJ ^ fo oitten by a mad dor . Two days were sufficient to neal tbe wound , and he himself laonirbt no more of

      » be accident . Hi « fellow-workmen , howetf-r , were OBstantly * -3 rpre * sing in his hearing their lam" ntafems at Trhat b . app *> Bed , aud tl > eir apprehensions of Ae conspqu- 'acet . Tfteir comm'saratiea , tfxnjgbcot addiT ?»? d \ oiim , had «» ch an eBecton hianerrcs , that CO Saturday be shot J » iaiself witb a pi » tcl in the brftisi . Tne ball pa « s ? d thrrogh bis body , but did fcpt kill him , and he ts « in r ± e act ot tkrowing tisrsel ! out of a window , when some neighbours , attracted by ike report , came in ani prevented him . | ie U » tiil alirs , in an hospital , bat i » conei ^ ered to be in anhopeleris state . —Goligna / ii ' s Messenger .

      Untitled Article

      >«^ B > . MANSFIELD . EXTRAOBDINAUT CASE OF DBTLLING A 2 < D TRAINING OF THE MIDDLE CLASSES OP YTOODHOUSE , NEAfi MANSFIELD , ASD TRIAL OF THE OFFENDERS . On Friday week , BOtwith ^ tandisg the wetness of tfce day , the most-extraordinary exc-itement we e- * er ¦ wixa&iea pren-iled in this tovrc , in eonseq ^ sses cf the srriTdi of Mr . Feargru O'Coanor , at nin ' e o ' clock ia the morning , from Sheffield , whitber a iepacation had been sfE * to reqce « t tbat he weald

      • csdnst the prosecution aeaisst fire of a corps which has been raised ender two attorney ? of Mansie ' . d , by tbe direction and with tie " authority of two aagiitrate ^ , as rtquired by the statute against firillicg and training . Coloaei "Wiidmao , tte jox . - g : ? tratt ; who iMued the sBmmorses , did not arrive till ceirly one o ' clock ^ shortly after which Jlr . O'CoTiBor said , that he appeared upon , the part of 1 fce Crown , at the prosecntkm of iire persosit . ander the Act of 60 Gco . Chap . I ., and he trusted itat the magistrate * woaidaTiow tbe case to proceed » t once .

      Col . VViiama ^ . Coke , E * q ., and Mr . Unwin-, e < AtPi 3 * p : iiDeri , were the sitting Magistrates ; and Messrs . Waikd-n and Benn , solicitor ! , appeared on keh&lf of " the defendanja .. Alter 31 r . O'Connot had maie his 2 pp ] : cation , Messrs . "Wajtcen auck . "B esu M' . Terally contfemitd against the Jurisdictibn of tfc * Court , and deaiei irs dmpeteney to interrere , argc : ng that the Act only applied to pertonj wbo ' might be arrested in the act at drilling . ' Mr . U ? fWl » was quite clear a ? to Ms

      jTjwjhpettn . c $ ; whiA Mr . O'Connor would cot decy , whiie at the san ? rhne be m « t . uphold . the jurisiicioi .- cf the Court f he said the argument of ihe solicitor would et once render the Act Inoperat'Te , if bis law was sourd ; and , in fact , ' all . that nun wool ! rtquira to do to eraia the provisions jroa ) d be to crili upon air eminence ' , watch the" approach rf th * majristratw , snd then scamper away . He aJso showed by tis 7 th action that infermarioBs » ay be laid wi-hin six montiu after the offecce , Col . Wildmav was of Mr . O'Connor ' s opinion , that the Ccart had jurisdiction .

      Mr . Coke would w . 3 h to be clear , "hut did not vuh to commie biasself ; wfeile Mr . Unwin was pesitirr of his ireoropet ' iiey . Mr . BlKN tben argued that the varrant wes iaforjaal , i « a * mct ?' a as it did net set forfh the nesratiTe that the parties had not the sanction of two zaig-istrates as directed by the act . Mr . O"Cossob replied tcsu t ^ e production of Rjca a doenment , miy be a gt > f > d ground of defence , bu . t £ u ; h a . ' . ! egirion could not bare been set forth , as the ficls cjuid not haTe been known by the prcsewtor , tnat the appfaracee of ths defendants howerer had ov-rcoae any infornv . Hry in the snm-Don =. as ; f tbe oaai ? sion wss an trror it wag CurreetejL In this riew the Court , Urwin digsentiect , agreed .

      Mr . Coke obserred that the ma'ter were eijil y arraa < ied , a * no more tfcas one magistrate was required , acd Mr . O'Connor observed that , howerer one gentleman may declare his own incompeteHey , bt tru = red liuit Col . "Wildman , at all events , wonla reiasinuaanimou * . ( Laughter . ) After along ar-^ nnjeit and Each nonstm ^ e , Col . Wildnwm determined upon goiny into tbe ease , when Mr . O'Cosnob proceeded—Sir , 1 rejoics rhat yeunare preserved ypur digrsirr and haTe decicsd upan is ' raring the ca * e , one perhaps of mere ifflponatiCi ; thin bas ever been tried rc this nsighV-onrhaod . I TSfrec , Sir , not teat it has . fallen inte ray hand * , bnt thaf it . has fallen info any £ acd » to ce obliged to vindicate the law hr tailcg vengeance npon the dupes of others , instead of against the

      principal , who remain aneltered , whiie they hire ntt-reenaries to do' their work . Sir , the many attempts made by tbe gtBtlemen wio are . erjfsged for the defence , hare fortucately failed in making one impression upon the Court . /! say fortunately , bee-jjise rhe principal nature of , . "t he . ease i « SBDb *« to drniaad prompt JIiTeStigStiOB in tfeo Wali : y where the cfiVnc- « ia committed . If mv thiair ig aece « ary for tbe protection of your life acd property it )? that there A all be eqa < u protection for tie life acd preperfy of tie poor man . Ten csnnor , p : der the set proceed to z mtnn : a . 'y conTicdon , axd if ^ ycu wald , I should not press for * a larger amount sfpuaishmeDt than would tend to prefect a recurreoee of the crime , which , in my mind , should be tiisoulr cccadtra-noa of die Court . I merely-wiEh toftrnijjj 1 R exaeple ¦ shicb will eqor . Uy operate as

      Untitled Article

      S ^ ^ ^* ^^ P * n aad to tke poor man ¦ and . « t :-rfihr '« riawi « rwMdi I am instructed is to be produced shall be , as I beliate ft , uaimpeachable , » more grtiW ;' " * ie 4 « H # « of law fens eever been perpetrated . I shall prove to you- , Sir , that a wcrvt eerps-has ^ een erabodiea , wKbo > it tfce -acciioa of ^ flTeTBment , or of any » tbwF raptieBt' au * bcrity , and that- that eorps cf oho pkef ^ rii , ^ ni aidd ' u eia ^ s , ^ ere driilefl « nd trained to nrilitan « to 1 stoon , « ci tbett ? eof f .-m «; fijiy . tho r * , 'I wit ! prove tbat they - were drilled by Tkam « rop ^ it » n po Kcc , wbo were cent bert frr th * 05 tensibl « pc » pr « e of ? re- < -rriDg p ^ BCe , wtUe \\* v have rested all but

      » ; and , Sir , bear in mind the constitution « f tbi * most \ j ne © ti « r *} ftm « na ! force ; it has K * urpMi ' . ht a-tfcOTJ ' . y "nf t ' lie civil power , and has taken thiplace of tie pesse cvmitutn * of this country . Thar force , Sir , look « rk upon any dt « tur » an > e » th * neighbourhood , as a mere family jar , which every individual kad an interest in allaying . Neighbour knew neighbour ; hia influence was great , and his interest in tbe preservation of trier was still greater , his physical aid nev-er bring required -or used till his moral influence over bis aeighbour fail « f its effect . In this state , Sir , peace was equally dear to all , and equally preserved by all ; but when a system grew into existence which requires brats iorce foT ita enpporr , fortbio moral corps was substituted a corps of

      ruffians , who * e « ccupanoEs depend upon mil discord , and who consequently hat « an interest " m its promotioa . See , , what the efftct of a fiealioo of thia gang has been in this neignbaurhood ; they found it ia peace and have left it at war—a war in the oppression of which every gentleman in the country j « equally interested as the poorest individual . I well remember , Sir , when simitar practices were allowed to exist in Ireland . The first to stop agitation was the posstggiei of arms—the next was the shelter of the barrack , and tbe consequence was thatth * gentleman having abandoned kis home which shouid have been his oentry-box , in hisabsencq his hotae and his centry-box were turned into ashes ; take care , iegtsach a license in England may not lead to a similar conflagration . If the poor once find taat there is one law for tae rich and another law

      for the poor , they will hare an e « ua \ contempt for all law , and will very aosn subvert all order . While the system cont-uuei , yon must sot ^ increase the privilege * of the wealthy , or yea cannot puninh the poorer , for seeking for " tbe name . Recollect , Sir , tite warning voice of Lord Byron , when treatisg on tho « e very outbreaks in the House of Lards , which gare rise to tbi-i act . He » aid , my Lord-, you have created the sjst « m , and novr would destroy its victims . You may erect your scaffolds and fill your jails ; but before you can insure conviction , you mu ? t have a Jtfferie * for a judge , and twelve ba ; cbera for a jury . " lU-collect , Sir , that he wa * then

      speamng of outrages which toek place ia this very Beigoboarhftod , and Let hit be a warning roice to frerent a recHmnce of those disasters , at tb « recoUect ? oH of which humanity most b ! u » b . No ; I have b .-fn askfd to abandon this proseeutioD , and am told that I Kay preceed by indictment . My answer is , that I cisnot promptly Bor legally , .-o as to produce the de .-irtd example u ;« on the - < pot . 1 am aware tha * . I might procctd against tbf magistrates in ihe Court of Qseea ' s Betch , and 1 beg ail magistrates who oonbt their jurisdiction aud th # ir corxipeteney , that their court i * the palladium of British liber . y , tfeat it is the Bouree from whentt

      procreation oapht to is « -Be , and therefore it is * source which should oe kept pure and undtfiled . One * let the people kaowthat in this court there is for them no protection , ano for tbe wpalthy no cvnuure , and you will soon find that loss of fife will foHow the Ios 3 of reipect . GeBtltmen , of the character of the men now oa trial , 1 kne * - aothing , but I regret that they are chargeable wish the dnubits criin * of » av . bg violated the lavr tfe-m * elve * , « hil » they kavehna the folly tj allow tfee imprudence of others thus to have entrapped then :, and of others who are for tht

      present a&ove my reicn , and perhaps above the law ' s Cttntioial ; a » there i » no txea * e for them , they Wong to ihe educated class and shoold have known better , beside * , tbcy at all events have ample protection within the law . Tbe gentlemen upon the oiher side teem to thick tbat tbe statute was onl y applicable to the time for which it was peculiarly euxcted . while I tell them that a partiai construction of it will v * ry s- > on cause a recurrent ef tho « e time ?; but & more general answer perhaps may be that while It remain ! " unrepealed there it is as * law , an-i one under which poor men hare been incarcerated at Manchester . I have now done my dtty , and thoaek an unpleasant sne , yet will I never flinch from the proteciicc of the ri £ ht > ol the poor rnaD , ard from \ ou I expect such a j » * . mtnt as will not balk tbe l * w of its iritiniph in order to deprive me of a , victory . Mr . O'Connor , daring hig addrew , ef which the » bore is a nere sketch , was frequently interrupted by tke cheer * of the ptopie in the Court , which was crowded to suffocation . _ The Learned Gentleman then said that he would ehher have tie witness :- * 8 worn to thpir depositioB ;" , cr proceed to examine ttea viva vocc , when Co . > . Wilcman reenmmecded the former course , and the witcesae * deposed as foliow * : —

      COPT . CecsTT or ^ Depositions taken on © aih before NoTnxGHAM . > Tne , ou « of her Majt ^ ty ' s Jmtic ¦* oi ( To -svrr ) ) ihe Peace of , in , an 1 lor the county of Nottingham , ( whe-ss uatuf » - are hereunto subscribed in the margin hereof . ) ar Mautfi-ld , in tliu-. » ' 5 id county , on the twenty-eighth , day of J&ne , in tbe year ol" our Lori , ou-.- tho-sami eight hundred and tbi ^ ry-nine . Jokn Wd « s jsayp—I am b frsme-work-kcitt'T , rett ^ ir . g ic th « parish of Suttun-in-Ashfield , in th : * county . In rh-. evening of the tenth instant , I was nt Maasiield . Woodbous-, in this conaty , aieng vith William Newton , Samuel Marshall , and Henry D * Conrcy . 1 saw there above a score percoEg in •» field , praccsiag milliary exercise , movement * , or evolution *—amongst them I observed the five per * jiii ! now present , « hx > se names 1 undcrsund ate Jchn

      Si * sons , Jote ^ th Shipuam , Joan Pogmoro , the yoaryer , V , illiam Bootfe the youcger , and William Naflor . SL < soris wss drilling rr practising these Y ^ rronr , jachidiag Shippaiu , P *» paoiT « Booth , HD . il Xhyler . He put tbpjn tnrough their fa . citgs , which is , to the right fa ©? , ttontjleft face , fruct ; right ibout face , front . He tk ^ n gav e them the woid * o ! command ^ u > form fou r deep , and all the persons obeyed his commands in ail lUese movem-nts or evolutioniij then as they stuo ' d four deep , S ; s » ohb gare the words of command , rigLt face , aud they all ; jbeyr d th at command . Then bi ?»« r . s oror- ' jbt taem into a line , aad gaie th ' m the words ri ^ bt fp . ee , gpick march » ana they all obeyed' that coiurnand . Th'Sa he fonrud L * iem into sub-din / iocs , and ibrov-d them into a ) i ^ e again . 1 have been ir . the arEiy more th . au eight years . J purc / iuted my discharge .

      Swom and subscribed before me , ^ in the presence of all the person * > herein charged . ) Williani Newton says—I em n frame-work-initter , roridiDg at SuttOD-in-A « b . firld . I tave been aparly four yeari ! in the army . In t > e evening of the tenth instant I was at M ' ansfiVld . Woodbous ° , nione with the witae ** , John Moss , &td Sam-el Marsbnll and Henry Pe Cocicy . I sisr ib"re above a score per « oc * in a field practising roiiitary exercise , raovezn-enis , or evoiutiors . Amocgst tLem I observed the five persons now present , whose names I nudorsrand ar « Johc Sissor , ? , Josepli SUippBm , Johu Pigmore the youngtr , William Booth tbe younger , and William Najlor . Siii 5 on 3 ^ as practising or drilling

      tiicst- pt-r » oiis , indndiiji' Shipj . 'arn , Pogmore , Booth , p . nd Nhylcr . He put them tLro ' -gh their facings , ¦ which is , to tiwngbt face , front ; left face , front ; right about face , front . Ho th ^ n ^ ave ih' -m tbe wc-rdd of ftonniisrd to forin fcurdeep , 3 nd all the ppn-oTit obeypa kis cornnidtids in all iheae moTctteitsor eraiution " . Then as th '* y *; ooJ four ie ^ p , Sifsons gare tbe wor ^ s of command right face , aud they a'l obeyed that command . TLen he brocght them into a line , ard gave them the words ri ^ bt fzee , quick march , scd they all obeyed that ccmrnau ; . Tlaen Le fbrrnrtd tLein into 5 cb-di \ i » iou > i , and formed them into a lire again . Sworn and subscribed before mo , } in the presence of all tae persjtr y herein cbargei . \

      Samuel Marshall aud Henry De Cocrey dfpostd to tie same fact * as the otter witnesses . Samuel Humphrey tximined by Mr . O'Coh-K . Oft . —Beeolleetj the evecicg of ihe 10 ^ h of Jane . Saw the five persons , whom Le now idf . Dufie ? , drilling upon that evening . S : «* on gave . the wo . a of , command . Saw tbe same par iy frequently before tbe 18 tb . Mas very often seen Ihe London Fulice drilling them . The Towa Constable , BicgeD , * as with them , and upon one occasion Brooks , to whom tbe . drilljjround keloDged , Fawhim [ witaefc ] lastiBy

      over the wall , and told him rhat if he did not lravs that be would give him a sair [» ore ] head . Be-rgeri , the Constable , wauled to turn lkmaw oc tbe lOti , and drew his tUB spon them , but they had got leave froa Mr . Harvey , tbe owner of the ground to be there . The Coc ' stable ca . m « from ih « drilling party aud returnud to them . Has seen many of taera with fire arm ? , Booth in particular . Has seen him with his nm-ket , crcs « -belt , acd cartridge box . It it quite notorious tbat they drill , and are traised to the use of arm ? , aiH that twelve art sen' Keei ' y to do service st Msn-field by niab-. Hs » t eard thenj called ibe Pu \; t pf Portland ' s eorpe .

      Untitled Article

      The several wi ; c «« e 8 were ¦ eroen-examined , but nothing wss elicited to shake their testimony . The ca * e for tbe prosectition' tiSvrng' closed , Mr , Vi ' jLLKvtpa , fcrr the defence , - admitfW Ae facts M proved , but pleaJfd for the defendants a perfeod exemption , from the pcnaltus , isaimuch aa tbet wers legally aathorised . accordiBg to ihe previsions of the Act uf Parliament , having , received- the » &ttcutifi of two Jufcticts of the Peace , »» nirepted ino'rie ' oflis clauseir . Perhaps he "had belter niake his state . nfeiit afctr be had betu sworn , us it would be presumption iu him to njaktj . a . uptex-h . after the on » , ihfcY h » d just heard frum lir . O'CoKuer .

      Mr . Walkden was aecydingly ? worn , and drpostti as follows ;—Som ^ uhj » beiort ths 10 th of June , the ; Duku of . poruntid acd ub or twelve Magistrate * n »* -. t to take thp stat * of the country into consideration , in consequence of the letter of Lurd J . Rw ^ ell . Had sot timera consult the Lord Lseus . and tbe nagiKtruteii then deputed M « f .-r * . Hall aud Unwin two of their bod y , to take suen steps a * thty should think proper , in order to make the nttessary arrangements for drilling and training a corps nvt exceeding sixty . Ia eovnplmjcV with this order , Hall and Unwin had commisrianed him , Yfalkden and Benn to raise the corps , which ( hey did , apd gave authority to drill and train . The Duke ef Portland had , authorized Hall , and they in pursuance did upon Ihe name day appoint several per * § ons who werp tben in attendance for the purpose of being enrolled .

      Cross-Bxjittincd by Mr . O'Connor—Cannot recollect tbe da ' e of his commission . The meeting of magi « trate « was aa extraoidiuary meeting , Hot a day when sessions are holden , was not an open court . Vf ill not swear that any of the defendant * wer « present upon tbat day . The order to drill was not g iven to Sissons by him , nor does he remember that Sisson * was present . Did not mention BixtyHa his examinations . Mr . O'Connor—Yun positively i \ d

      Mr . Unwin—He did not , what he said was that the a-uthentiEB were prtsent Mr . O'Coknor —He said tbat too ; but he said sixty wer » the number . ? Mr . Benn—He certainly did net . Col . 'Wilbmak—The witness did say sixty , Mr . Coke—Yes , he certainly did . Mr . Unwin—Well I did n « t hear it . Mr . O Connor -Se it appears , but I did . It is immaterial , and only ihows the necessity ef having a sharp ear .

      Crofit-examination continued—Full authority was given to witness and Mr . Benn te uppeint whom they please , to giee whut ordtre they thought proper , to select the men and depute authority . Dm not know where the arms were to come from , but knew that the mea were to have arms . Tboy were drilled wita his and Mr . Benu ' e consent , aid by their ordwr * . Mr . O'CoriKOR . — You are sure it was sixty , and tbat the order was previous to the ldth " of June ? Yv itcesg . —You keep puzzling me sa that 1 cannot say whether I said sixty or not ; but I think the order was before the 10 th of June .

      Mr . Benn said , t ; iat in additicn to what bad fallen from Mr . Walkden on bth&if of their client * , ha begged , in the n . ft place to huno . iu his protest against the jurisdiction of the Court , deuving it eompeteni te try the cai * . He also mentioned hi * lormer objection to the Warrant , inh ^ mucb a * it-was informal , not C 5 atai : ang tae ct ^ ntWe of tke deten . daut ' * autnority under ibe statute . But tbe ca ^ e of bis elitutA wa » , ; hat he held iu tis hand their autkcriiy , arid he also W gged to band ia the letter of L ? rn John Hussel ) . Colnnt-1 V > ildmam . —It is not autherity , men in power Lave no aa : fcurity . above tbe law . [ Loud cheers in the Cuurt . ]

      Mr BfNK . — "Wfcii , Sir , I merely exhibit it as the ground-work oi the * proceedings of the Magistrates , and if will be seen that the defendant * not only had authority , but als * tbat they did not violate the Act , ly riri ! : iDg " clandestinely , " tbat the * utkoritie 8 were prwent , and the dnll wu « pen . Under tbesr circumsitanc'id , J e had no doubt ol tbe innocence ot hi < tlunw , and one ot * ihe Magi . strattg who i » sued the ordur Wing preient , he supposed that hi .- evident * would be conclusive . Sir . Be ^ t > thin t ^ nrtered' his evidence , and wag jwo'n . He w .-i .- - q-. ite « urc tbat the order wag given before the- ICrh of June , hi . s rti » 4 o ' u for being pojirive » i « , th . it it wa-i rendered netf «»* ry by the withdrawal of tbe pelice , ard tht order wa » given about the time when the fsBp-ctor lef ' , which was about the 5 : u cf June . Th ' . M witness fully corro . borated all thai Mr . Walk Jen had deposed to . Cio *< -exu ; .. in-c uy Mr . O'Connor- —Would not » ay that he bad givtn anything to any « f the defendants to driYi—is pretty si ; rt that not one of the defendant * was prenent , when tbe first eJistroent wa * raadt . Did Bet depute Sisson as driller to tbv corps . Mr . U . \ win , a rcagirtrate , sworn—Recollects being at the nueti-.-g of mag i strate ?" , when the formation a ro ; p * wig thoujrht riece ^ ary , and Wlieve * tUe H « p hid ibe unanimous concurrence of ali xhe

      magistrates . Col . " yVildmaN— Ctrtaicly not ; forl wae always opposed to it . Mr . Unwin—Well , ' Sir , I think I had the honour of transmitting the decision to you mysvlf . [ Colouel WilHmaa—That may bt , but « oea not pro .-e my acquit .-ce ' nc-e . ] The tlih ; g was done with the Lord Li ' . attnaut ' n consent , and he wjw in the chair . Mr . Hall , onv-oftbe Deputy L . eat « Bant . < and mv » e ! f , wtre deputed to raiss the men , and we appoiatfd Me *? r .-. Walkden and Bt-nD to perform all the necessary preliminaries . I was DUPUTKD to EXAMINE THf , AltMS , AND REPOIIT WHE 1 HER OR NOT THEY WERE FIT FOR SERVICB . ( All awfal groan tilled the Court , upon tnis blood thirsty avewai . )

      Cro ' . o-exarained by Mr . O'Connor—He did not restrict Me ^ rs . "Walitden and Bean to any particular duty ; will m-t say wht-tber he gave a written power or not ; tbe . ^ ct ? ays , « r otherwise , anJ be did it otherwise . It wai before the 10 th of June . tits neglected bis own duty , he did cot examine the arms , ne deputtc Wsikdeu aud Benn to do «> . Mr . OCoDnor was repeating this answer , when ihe witness * aiii —>\ nl j ow examine me , aud nrt make speeches ? •¦¦¦ ¦ - . ' -. Mr . O'Cokncs—Now , Sir , stand up , and I shall give you in my . cross-exaraiuaticn the full benviit of all tbe privilege vhich my prof «*« ida confers . By your oath , Sir , what arm * did you mean , where were they to eome from , and who was to pay the men ?

      The witness romir . er . ced answering this in a long ipeech wi en Mr . O'Connor said , ccme , Sir , no speeches , confine yourself to answers to my question ? , and no more . Mr . Benn thought that Mr . O'Connor was usiDg a hbern which bis jircfe »? ion did uot warrant in the rou h marker in wtich he . was hacdling thewitoe *» , who was a lEBgi . * trattf . Col . Wildmax- Ce ; tainl y Mr . O'Connor has been rr . o « t r « ugh with the wituese : I think unwarrantably S-. J . Mr . O'Connor- Weil , Sir , if such U the opinion of the Court , I regret having merited iis ceaisure .

      Cro ^ -cxamination continued—Knew thit Government bad uoc fun . isr : ed tnu arv . s Belteves they uere . those left by the 1 m . tdon I ulice after their de ~ puriure . Knew wr . o paid tbe men , t . ut would not ttU . It was not the GovtrnmeuL Had i « -&d tbs Act over and over again , and thongkt that ht > had fully eompiied with , its provisions . Gave eo commission to Sisions , or any of tie defendants , or to any e' . btr than Mts .-rs . Waikd « n and Bena . Mr . Hall , a . Magistrate , ai . d v . itnesd had given tbe order . The ca ? e for the defence here closed , and

      Mr . O'Con >> ok . replied . He said , that in the course of his practice , he never wunersed a more di ? fa * ting case . Tee defeuce vrhicb was stt up w : ** mosi iEgeriouy , and even tte letter oi Lord John Rup ? ell was relied upoB , while Mr . Eenu , who seemed to net so nr . icl : * a ! uc kuod preamble * of Acts of Parliament wonid fioc tba ' t the prtamble of that foolish decupect w ^ at to supp . - ets drilling an * d training of aii cia- ^ tB of society , buwevtr it mi git afterwards kave diverged into a roorc favourable constniction oii behalf ol the privi : e ^ .-d orders . The compliance * itb the -tatute in this ca > e should be as-perTect a " ? pos « ibje , to silence complaint and lull suspicion . But tboogh v . e have been threatt-nert with documentary eviaeLce which Mr . B ; nn hoids in hirf hand , je : entire re ! ia :. ce is placed upon ths

      viva vocs testrmocy of ohe of the Magiscrates codferritg this lun . i ^ ous , extensive , &nd anomalous commission . Euj , Sir , that , even that would cot Ix ; , a < 3 eftcce for the present defeBdantu , for we have tpyE the oath ol all that noone of the dv-fend " ant « had any other , dir- ^ stly' or indirectly for the commiwi-.-n of the act charg ^ -i cgiihi « f rhsm , aai if to liberal * cVastrution is given to tins junal gtiitutc as h ctime gene - rally ntder < i rhrri ^ iJar nufh -ri t y , miy not this jre . nrr com ? r . i :- - < - ' <> n be p ! fnd « d by any man , or rev body o men , vhc r .: ? . y bs chnrge-l vith a sirailar ciieiioe ? ' . Vf . s th-reo-r > - ? . ca na expose , ann * procured find vx :: ru j ec , tc s > . " e whet- '^ -r or E-t , t ! --v > -. re fit icr s rvife ? Iy > . " iis , ^ r . tbe u ^ DTwrin whi-L iife-w w be preuc ? -. < j '¦ Oace » et the suppoaiiiuu $ ¦ :

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      ^^ m ^ &ffi ^ sv ^ mapctrate . ^ t » nr tast s r »/ bf % ht' 6 > oii iBe , w ^ c . «? c < "iiBWBttjr , atad naderi it imu » cen *» may * in cuifaoa *! the poor agwB 8 Vti ^ r ^ bM ^ oheeM and cn «* ot Yon « id , "} -i-aBd- I wilt aofbe « i « last to uaatfe wi \ ft myowdwiBHfttiou , ji ^ MiK praotiow opoa the part of tl . osy who are thought tobabet ^ r einpfoyea . - As to tKbineotlni iflla-W'drffl&yiKl btittg clandiestii . * , -l'h '» f « fnt (| d tke « ontrftry , fat I have ^ hown theiuterterenceof tt > e locals a&itior $ . A anil'Metr » pe 1 itan- poHce , ' iii ' keeping « ff gpeotaitbrt nDdinioltin ^ thosawho l « Tok * d on . 4 'hefo , again , Humphrey has n « rorn to the drilling aad to « hw n » : of amis long before th < 10 th « f Jan * , Col . AVii . DMAii , yM MKO'CoHnor , but that being ih «» day ltudiu th « iulmrmation , we hara ttotbitijt to do with auy other act . -. > ., ¦ ' . ¦

      >] r . O'C »« n « h . —1 aslmit it m £ ar a * regard * any who ini&ht Udvo been driilihg under the comiuwsion , but uoce of the dt » f « idant » had afly ttufeoVity ' whatever , and I mention , previeui acte , to show tba ( there in uomo authority here behind the law greater and more poworfnl ' thatt the lw 'itself , for if pojr men bad thus violated thi * penal mtnte , they ; woald npt be allowed firetf to hav » committed the offence , and tbsn have received indemnity for tha' past arid authority for ihe futnre . Sir , this ia a ount » which cannot rert here . 1 hate no * shown you that none of theae man are covered by thu order ; tbat tko order wuanot as uatiMlactory as it might have been ; mnd'that to prs * wve p ^ nce , eiiual justice iUUHt be donw tQ the rich man and to the poor man . With these remarks , I now leave the cam with the Conrt .

      Gol . Wilomas » wd that Mr . O'Connor must concur with , him in thiaking , that as the defence was «« k up for thvse particular defen-iantsj , Ihe order of th * Magistrates was intended to cover Iheia , and one of tbe Magistrates-ntd * -both © f the gentlemen deputed by tuem had deposed t « a cainpii ^ nce with the provisions of the Act . XJuder these circumutances h » would say , that there was ao ' dther course open but that ot dikoiissiag the complaiat . . ¦ , ¦ Mr . O'COMMou said , that " he was s » u ' sfied tha 1 : the case hud had a fair and impartial hearing , that ai a magistrate h « ( Col . Wildman , ) could sot have acted otherwise , and that h « bowed most respectfully to his jus * decision . Mr . O'Connor then Jeft the Court , aad wa * followed by a desse mass of

      people , who ' romttined outside the Court daring the whole af the praue « ding « , not 'ithstanding that the rain fell in torrents , and upon bid leaving town for Nottingham , the streets ' were literally lined with persons , shouting and waving their hate aa he pa-sed through . In cane of a conviotiou before the magistrates the sum of £ 20 was at once raised by the working men , to eugagr Mr . jR , B . B . Cobbftt , for the prosecution at tbe bessions , which look place on Moncay lwt . [ Mr . O'Conaor has done hw dut > , the people hBv » done their duty , and Col , Wildmaa has done hw duty , but the matter must not rest here . N » , no , we roust have tbia matter oat and speedily too , or we must have a shocking state of thing-t in thisi country . —Ed ; N . S . ]

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      MR . O'CONNOR AT LOUGHBOHOUGH . ( From utr own Correspondent . ) Saturday last being anrouueetl an the day ou which Mr . 0 Connor would address the people of Loughbcrough , ujion the necessity of raising » Defence Fund , although the meeting trar ' not to have commenced till half-past seven , at an early hour tbe inhabitant of the surrounding Tillages for several miles b can to Hock in .

      The meeting was held in the large Ball Court , in the rear of the Pack Horse Hotel , occupied by Mr . Somerfield . A penny admission wa * charged by tbe committee , and even ae early as five o ' clo .-k , many placeR were occupied , and as aoon as Mr . O'Connor ' s aTrival was made known the rush was trem ^ D ^ ous . The , court was soo n found to be too ^ mall , aad alarge yard adjoining w < u thrown open , which was also inadequate , the street in the rear o < the hustings being crowded . At half paatseven ,

      Mr . Turner , a veteran Radical , was called to the ohair amidst loud cheers . Messrs . Smart and Skeviajiton , thedelegateafrom Laughboroughto the Convention and itw committee were on the platform , and m \ ny of the middle olasses were' durong the deusa crowd . . < After the Chaihman had opened the meetiag , Mr . O'Connor wm introduced by the delegates , and received with tbe most entku ^ iaauc cheering . He addressed the meeting for nearly an hour anil a baif , aad was most « nthusiastieallviheered , and hi « absence from the Pemonstration on Wbitsunweek , having given rise-t © a report of Ihe Tories that he dared not corce , . he levtrtWd them with a battering ram of heavy sarcasm and cutting invective . He

      seemed perfectly acquainted with all the local transaytions of the place , and appeared t « underuUDd minutely the condition , position , usages , and complaints of the working ciaseea , but as I think hi * xpeech cubsequently delivered in the large room of the Pacx Horse , tho mo » t masterly and unique I have erer heard , and lest you should not baro-pace for all , 18 tad you the latter . At tbe open hir meetiag , a re ^ - lution wa « unanimously passed for the forraatios of a Defence Fund Commitue , and the iatisfaction produced was tho most unanimous we ever witnessed in this town . This whole meeting followed Mr . O'Connor to his botel , and » ne of tke middle classes made his way through the dense crowd and

      forced a sovereign into Mr . O'Counor ' a hand , which that gentleman refused to acoept , but the donor rlsaiWd off and refused to give bis name ; upon Which Mr . O'Connor said h » ' would add it to the Defence Fund . At ten o ' okwk , the worn at-the , Pack Horsj being crowded , a deputation wnn sent to solicit Mr . O'Connor ' s company for about half an hour , to meet the working people , which he cheerfully accepted , acd upon his arrival was received who deafening cheers "When introduced b « « pok « nearly as foliaw » : —My friends , in the prosecution of your great cause , it i » right and proper tbat you should be placed not only in & defensive but in an ofl-insive poMMon x 80 thai wWle youdtfend' your at the

      own pnncip 1 t « , you may be ablftt ^ tack weakcess of your eneniips position . -. ^ Hear ,, hear . ) When you are called blood thirst and ' d ' e ^ tru , c ' tU « , you should be able not <« nly to prnve your love ol peace , but also to charge yeur enemieawith the dentruotion they have , created . ( ChfeeM . V Nothing i * more injurious to the cause of patriptirtih ,. than its ranks being joined b y men who declare themselves ready to fight fer mere moonshine , and agitate from a loTe of turmoil rather than from regard to princi ple . ( Cheer ? . ) You k » ow tbat yon have bfen robbed , but you neither know when or how . ( Hear . ) Ittball be my dury then to enlighten yo-j , commencing at that period when you were robbed , and it

      bringiBgdown to the manner in which you were . successfull y plundered , showing at the same time the five greatprincipleij , for which you to nobly coattnded to be the basis of the constitution , while the Ballot , * -h » cli alone they eeteoted , is » ninnovation up <* n tfee Constitution , a mark , which freemtn looked not for , ror required , when love of liberty waa a virtue am deceit wa * a crime . [ Loud cheers ] The . open and undiHguinfd exareye of a freeman ' s privilege was tben a duty cheerfully discharged by eat-b , ail having equal right- ; to protect , aad consequently an f-qu ^ i interest in the just exercise , of that right . [ Great cheers . ) It was only when self interest guided yourrepresentafcive * that di * gui « e became necessarv

      : or their constituents . When each formed a com . ponentpart of sooiety , each bore a freeman ' s fro ^ t , and exercisc-6 a freeman ' s right . [ Chtern . ] You had then ( taking you aa tbs eoLs . itutiou , ; that sutJrage which you now seek for the restqration of . Up toi the seventh y « ar of the rei-u of Henry 6 tb . tour forefathers , who bere fche front of freeinen , sought not th * di-gui ^ e of the atsasyin . [ Lcu > i cheern . ] ^ No , it was Dot in consequence of the electors' nou-peiformanceof duty , but in consequence or the balance or power , which they held , that & mon : ed standard wan nubstituted for the nentral standard of the elector . ( Cheers . ] In that reign then the v . » te wrs last , and when tbe fim invader

      maken a breach in the rampart , the body joon enters ; so witU y « ur righu . In that reign the first breach was made , and in tbe subsequent one Sessional P ; iriiaments were abrogated , and your representatives proclaimed their o-. vn longevity , and their nrnt Act was to give to taa proclamation of tfee King , authority equal to that of Jaw . ( Loud cheers . ) This was the second breach , and in-the following roiRn , the rti n of the bloody Harry , tke combined power of a limited constituency ar ( d an extended tenure to hli nominee , enabled that murderer

      to-commence ' his plunder . ( Loud cheer * . ) He required provision for tho ^ e who would faction wb . > redom , Imt , and murder and that provision he amply received at the hatfia of the Teprtjentathes of tbe " newfangled consdtueri-«>}« . ( Chters ) Bur you will'dbserve thut though he plondtfrpd the monasteries and robbed the poor , ' ye ' ' . - even U . Ls tyrant iu the firat blush of bis ' new authoritj did not exercise his svray to the full , but he was checked by terror , . not re ? traiued . bj virtue ( elieerg ) —for even k-e . was obliged to grant to his pir . ) :-, t ' fti'people " * rand upon certain conditions , and wi ; p or . ic rcs-rv :, tirms > , for those from whom it wa « ^¦ A-rv .. ( Ci > : or ^) Ye .-, if y » u could txamfno t ' n v-rant or f ! t- par ..- ^ t unJer which the Duke of EViionl in . ri-i ! : i- al ry , jin will there fi . d a ' .- -.: . Vr . 'ji ¦ hat ae sboula U- ^ ho ^ pitaiiiy and farm kous * ' or

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      i stranger , the widow , atid -the bTphcm ^ fload cheere)—bat wh * t no * wa « ild W ^ b , * , 1 ' u . yiiinenJ ; of those obsolttc provwion * and eoaditipps ? Ttry , and you ' will b « .. answered by ~ a party ef rsral police , ( Chwr / . ) ' Thu * to * will eVerflnd that brote force ^ and vwlvnoe i * . necessary ^ to rdafend plunder , ( Cbeer * , ) rBufricbier ^ there oan b ^ . 130 utatote . of hmitiytipa against a , Rat ion ' * will , and t-ko title still lives . . Thtf posireasion ia in Ihe Duke , but the right f p ' tlAe » tiAu iV-Si tnii-ptfople . "' ( Cbeeta ) ' Tour an-• ewtors werena ^ in jhoteaays g « very culpable , tW ther » wa * a turplus of land above the w » n ! a of ; he ptople . Th « n land was valuele-j , and people Were valaahle , bow an population h \* increaxed

      Ik ' nd has becomo valuable , and the fools have lose sight uf thu fact , thai it U population tbat has made it ga ( loud ckveni ); hut they can man ago without y au by the aid « f machinery ; and the proud ewntr of the sail never rtBecto , that maohicery has s » p » w # r tf ( MBtumptibn ; However , it may by an unlimited wee create . an over produotioa . ( Cbears ) The land then was not . of » o much value . In those days , the question asked upon the vale of an estate was bow miny freemen there were upon it ; but , bow obaaged the times , and especially in Ireland , fur now the first question atked there is , whether the estate is cleared , that faovvls razed , and the inhabitants trans-1

      ported . ( L « ud cheers . ) You sea then what we Want is not to steal « he land , but to appropriate the land , at a fair rent , t » the most beneficial p « rpo « e » of the state . ( Continuttd cheers ) We have now , according to Gad ' s wise injunction , multiplied and become fruitful , and sueh was hi < intention , as in his wisdom be never iat « cd < Hl that Adamsboalil bave devoured all tho beans of tbe earth , all the birds of tlje air , and all the fUhea of the sea . No , it would have been an over large larder for one man , Hn over large farm for a single gentleman .. [ Graatcheeringand laughter ] Harry robbad us , ttovn , at a time when the lines of Shakspeare were most

      applicable—- "Howho Utohhoi , not w » n ( ing what Is *\ M ^ n , . tut him iiot Jtnsw it , aad hd '« not rubbed at all . ;' W » want it now . ( " Aye , ' and well have it . " ) When th » y got the plunder , the next thing was to ensure the possession of jto "kindly fruits , so as in due time' they nay enjoy them , " and to that end subsequent tyrant * igjued their writs ' to castlei , rookeries , and atone walls , to send repre-8 entatirt > nin aidof King ' s defenders of the faith , and so forth . ( Loud cheers . ) They obeyed the summons , the atono wall * bad ears , the works cent back tbe answer with flighty speed , and then were the small rural communities broken up . Then war , pestilence , contagion , and disease centralized in uuhealthy

      towns 1 then did man lose bis station in 'societythen , aid character become valuers * , and vice losa its shame , when Government began to live upon immorality . ( Loud and loug continued cheer * . ) In oldeu times the steward returned to his large family and received their smiles as a reward for virtue , or their frowns a * punishment for vic « ; but now alas how changed , h « receive * the orders of the few t «> nuke lavs for the subjugation ef tbenuny , aad is ew < irdecl by a sbarain the plunder . ( Loud cheers . ) It is to subvert this order of things and produce a perfect model out of chaoj , that I am and have be * n strugg ( iDg , bat mark the fri ghtful o 4 da against me . I cannot at eve present you witu agy porticn

      or my work , for it oanHot be shown in pai ts . You niust wait for thtt full-length figure of liberty . ( Cheers . ) My opponents cau make their power daily manifest in acts of tyranny and oppression , whil « my work must go through a process of three stages . ( Cheers . ) Ths first i * accomplished ; it U the creation of opinion . The second is learly complete j it is tke union of opinion . The Wain most easy , it is a proper direction of that epiuion . ( Enthusiastic cheering . ) In the disparity of condition vra have also a powerful barrier—tho poverty of the most poor , may act as au imprudent pro " , pellor upon the generous feelings of man , while ttis untimely pressing of their sait may deprive him

      of the support of those above , who will , ere long , be in an equal srate of wretchedness . ( Cheers . ) T « battle abuse with a section of the oppressed has always \> evn fatal to the cause ef regeneration ( cheers ); while , for myself , I am hourly ready for the worst . ( Cheers . ) But would you have confidence in my judgment or discretion if I hazarded the fate of all upon the faith of a part . ( Cheers , and " no , no . " ] Aye , but they cannot wait , poor fellows . When your forefathers had thr . \ atd to fall back upon , the value of labour was made manifest , by the contrast with idleness . Your -forefathers foroed what they aopgbt for from unwilling rulers , and so would you if you ceased to liv « fre-m hand to

      mouth , and had your inheritance to fall back upon . How maay thousands are deterred from joining , some by the petty plunder which they receive m the wages of coercion , and other * from a dread that dismissal would follow attendance on their political duties . ( CLeers . ) Goed God , how brave you must be to come here to-night , when you know that macnnery may substitute your place , aod leave you a starving wife and imploring children . [ Loud cheers . ] Have I not , tbeB , acted with judgment and discretion , nat to have committed you or myself to the vengeance of our foes ? [ Loud cheers and

      "you Lave . " . ] O'Counell hng made me a pre « ent to you , and t hope to prove myself in every way worthy your acceptance . [ Cheers . ] Yes , and in my anger' I have never forsake * those who joined in th * gift . [ Cheers , and " No , " from the Irish . ] No , I have toid others , and I now tell you , that you never shall have . freedom till Ireland receives it is full , and at the lame moment . [ Cheers , and " Wedon ' d wkntit . " ] Mr , OConnorthen explainsd the meaning of national faiih ^ and the maohiiierv by which it was upheld , and concluded the most splendid speech we ever heard with the following words : — : ••¦ .. o

      The ntition's ieisi will be the nfttion ' j caose , When thoufcliun ' g will shall uiaka'the natfcn'ii laws . The two meetings were the most enthusiastic we have ever heard in this town , and will give a great spur to tbe good « au ? e , and Mr . Editor , yw . wil ) » ay we required it , when I inform vouthaMhe Whig Government has sent a large number of arms to be dwtribtitecLaAong the Conservative Assotiiafion of this town , which ceremony took pl * ce ai the Ball ' s Head , ? nn hue , I am happy to inform you that immediately tw « shops wore opened for the aale of iirrai « , and one lnrge lot was instantl y ' . dU ' po ' sed of and another sent for ; thus yoa find that two can play at Whig Government games . >¦ - .-...-.

      The people here , « ir , thank you for your noble spirit , and for the upright and talented manner in which you eondect tbeir ergan , and wilr at any time he proud ef a virit from sach a parson .

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      PfilVILEGE versus LAW . FactcB sitnt autem legis , ut earum mctu Aitmano coerceatw- aitducia , tidaque sit inter imprebas innocentia , et in ipsis imprulis fvrmidato supplich rrfrcenetur nocendi fatirftes . ¦ ¦¦ ¦¦ Ieidori . Etymol . Lib . 2 , c . 10 . Laws are enacted , that through fear of tke punishment awarded by them , human audacity may be ch-cked , iunocentv may be secure from the attacks of the wicktd , aud even among the wicked themselves thu pewer of injuring may be restrained .

      Our legislative and judicial worthies have for som « time been engaged in an important t-parring match . At prevent each party wishes merely to test tbe skill and metal of tbe adversary at a distance , but ere long they will probably proceed to blo-. vs , and there will be some hard hitting . The cause o ! quarrel when divested of legal refinement and useless argument , is veiy simple . * A Mr . Ha >" . sard publishes certain proceedings , which contain a libel on a Mr . Stockdale , who thereupon brings an action . Mr . Hansard pleads tW

      privilege of Parliament , under whose authorial he publi s hed the papers , and the Attorney General is ordered to defend him , or ratber . to defend the privilege of the House . ; Notwithstanding the awful grandeur of the plea , and tbe u © less awful address of the Atterney-General , Lord D £ Nman aud the other judg e * of thp . Queen ' s Beach , think proper . to decide in favour of the law ,. and . against

      the privilege , Hansard being co « demued to pa > dsinages of £ 100 . The Patliament flies into " a uasaion , sayg that it mv 7 / do as it likes , and forms a Committee-to patch up some case for a kind of plaster to its woondtd . dignity . The peaceable members -of this Committee say , eur privileges have b * en invaded , but let the sine be paid , and let the qaesuon be left op ? n far after consideration . The warlike h « roes begia to storm , aad swear that thvr will

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      either attach for contempt : tb » ,, Cjuun ? e 5 , attorneys , and-fl // cpncernstd In tljuj fl ogr ^ t . xio . latipn , or t . hat they . will order the Sheriff , not to proceed , and commit bim if he do so . Had this , plan been adopted , thfr Sheriff would have had an enviable place ; if he had levied tho fioe , ¥ e' treold haVe Jieea committed by the i ? # rliftpieB . t i aud ; if . h ^ vnid refusedto levy it , he would have been committed br the Judges . H owever , the . advice of the peaceable portion has been . followed , and thus the . question remaiaH for future decision .

      If we regard this contest as merely relating to tbe present case of libel , we shall see on the one hand , the 'Common * enraged , because they are not allowed to oast foal imputations on Englishmen according to their fancy ; and on the other , the Judges determined to show them that they shall , sot violate tbe laws with impunity . The Legislators desire to have tht ) power of destroying the fair haracter of any that a . ay be obnoxious . Tb « reputation of man , which is generally dearer to him than life , is to be sacrificed at tbeir pleasure . They claim a right to libel , aDd declare it their own « spe « i » l privilege to vilify all men . . . . .

      What is the common sense , and what is the law of the ease P Reason tells us it is absurd tbat any claw of mankind should he invested with the power ofblackenlag the fame of their ftllow-beiBg *; that aportienof the community should be exempt from the punishment , which they themselves have declared against libfllkrs ; that they should prohibit n £ f « nce * , and yet reserve a right to b * the , offendew ; that in fact they should declare that to be a crime in othen , which they hold to . be innocent , when committed by themselves ; that they should declare actions to be illegal , and yet kgalise them for thair own advantage ; that they ehoald make laws , and break thorn .

      Established law supports common sense on this subject . It is tree there are a mass of decisions , formed in the reigns of tyrants , and in the times of olxeqavous , criaging lawyers , which declare the Parliament to be almost omni ~ potent , and DeLalme , onlj looking at one tide of the question , lias moat unwarrantably asserted that the English Parliament " can do everything but make a woman a man , and a man a woman . " These were the arguments addueed by Sir JoHy Campbell . But en the other hand , there are alto

      the dictit of upright judges , who have declared the power of Parliament to be undoubtedly limited ; nnd what is much stronger , all former decisions of a contra ) y nature may be loskad upon aa overruled by tue resolutions of th » tw * houies thtmtelvei , whereSy it was established in 1763 , that " writing and publishing feditions libels were not to be entitled to privilege , and thai the " reasons on which that ca * e proceeded , extended equally to every » 0-didable ttjence . " * Now , all libels are indictable offenees , and therefore by the admission of the

      Legislature itself , they have been resolved to b » exoluddd from privilege . Tht law of libel , as it now stand * , is a blot upon ear code , but surely the makers , or those who bare the power of altering it , hare ao right to complain , when they suffer by its operation . Wilkes > wm expelled from the-Hoase for a libel \ it w « u ! d be an excellent plan to follow the precedent , and to expel the while lot for this libel , which all aeknswledge . The present dispute , however , should be also regarded in a much more extensive view . It is a

      struggle between the privileges of a particular body , and the laws of a whole nation . On its issue depends whether the House of Commons shall be allowed to declaro itself abate all law ? If this he admitted , Parliament , under the mask of privilege , may invade thfrJibwtien of England , and may break down those barriers , which have been raised for her defeaoe by the patriotic among our forefathers . Some may gay the Commons represent all , and

      thorefore that their privileges are tae tights of all . We deny that they are a natiote&wpreienkatjon , but even if they were , we would nuker limit tbeir power within certain , defined boowte ; for we are e * nvineed that the people ean always ' agsert-titir own rights , and that it is better » trust to ihe fettered authority of any branch of thfl Legislature , than giving it boandleM power , to pat faith . in ^ khff generosity , with which it may be used . '

      Why are the Commons t » be exempt from law P if tbe statutes of their own making be just , they surely aeed cot object to be ruled by justice unjust , the faul : is their . * , and they deserve to suffer . Tbe best guarantee that we possess for the enactment" of go 6 d liws , consists in the fact , that they will affect those by whoni they are made . Laws sheuli not be made for a few ,, but for the whole nation , and their violators , '' of ' wnatever rank or class , should be equally punished . What respect or obedience do law-makers expect to be paid by others to their statutes , when they themselves ' are the first to break them ? ' ¦ ' - ';; -. ¦ - ,. ¦ ¦>

      Wherevwr a power is conftrred above Xhi laws despotism exists , and birth is" given to 1 the strangest anomalies . - Tho 'Monarch is boY above ^ 'but is subjeetto , the laws , id b y Aeni heb made , and by their force he wearsthe crown . ' He tak ^ s " an oath , that he , will rule according to law , and wlieneTer he violates this oath , he breaks the trust rep 6 sed in him , and has no longer any right to that situation , which he attained oh condition of being faithful thereto . The'Jud ges are not above the laws , for they swear that they will be guided and ruled thereby . The Parliumenl it not svper / o ? to the taivs , and it is the essence of presumption in them to advance . bo monstraus a claim .

      Let no one ever forget the admonition of the great and patriotic Chief Justice Lord Hclt , that " the authority of Parliament is from the law , and a ? it is circumscribed by Jaw , so it maybe exceeded ' , and if they do exceed those legal bounds and authority , heir act * are icro ? igful and cannot be Justified any mare than the acts of ' private men . "f We have no fear for the resalt of thia qsegtUn j we feel assured that no class er individual w ' dl be suffered , with impunity , to violate the laws n-, &de for all . For Lord Penman we entertain tb . e highest

      respect . Hosrerer much we may dislike hi 8 politics , we consider him one of the most consistent , straight , forward , and independent men of h ' . a party . "We feel that he wiil not be deterred frem doing his inty bat that , if neceseary , he will imitiite fal 3 Uluitlioul predeeeS 81 , r , Sir Edward Cokb , who , when asked before the privy council , whether he would resist the supremacy oi the Royabpmog&tive , boldly "Plied , in the preseaoe of Jambs the Fxbst Thut Ae . HwuU rf , that which diould be fit for a J « ' fgetodo . " The duty of a Judge i , ^ der justice equally , and initiall y to aU } to b * biassed neither by , art 7 lnor by power ; to h « independent " > princi ple and determined in courage-tot to be dazzled by : authority , nor awed by threats ; to { HiQMfc ALLviolato rs of the . law , . whetber rich or poor v and- to adopt for his ' matto ' , the vrordB of Magna ; Cfiarta ^ . "iiT «/« vendemut , ntilli nrgalnmut « y di ffereimn rectum vel jk *///^ " , ^ Co ^ no man will we sell , deny , or delay , that which h juat and right . ¦;• ¦ ¦ •' , ' ¦ :: ¦ '; iJ

      The liberties of thi ? , country caa- ne » et be entirely : \ destroyed while trial by Jury exists , while tEe . '? Judges maintaia the lxn » spiritof-J 3 « t ^ ajid WiBWiy itew . v ! Englishmen awtrt tbe supremaoy . of laws , ^/ S ^^ 0 \ 51 ' by their power , over the eppwssioa of P"iSmBn £ * »^ lrr G $ f h » extortion uf prerogative . S » I | dHMftgfc 8 . ( Rjj Cwa » . Joar . 2 i ± Not . Lords' Jeur . » ta ' Nsr . 3 ^ WS ^ WBfe ^ j

      The Northern Star. Saturday, July 6.

      THE NORTHERN STAR . SATURDAY , JULY 6 .

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      - wggJCTyre ¦ . 'r ^ :: \ . ' : ; .: r - .. * :. y « ririf « 3 Mpag ^^

  • Citation
    • Northern Star (1837-1852), July 6, 1839, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1064/page/3/