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DEBATE ON MR . BUNCOMBE'S MOTION ( Continued from ' our Seventh page . ) . pel thtm to acquiesce in your demands " Js some of the speakers declared that tho w */ to carry ihe Charter was to do as it was s ^ f ^? " fee case of the great Charter-so fr * body to the < Jaeen , and make the demand for it . That which is hot altogether , inconsistent » ith * he history t Magna Charts was mentioned for the purpose of inspiring the people with a potion that , if yon w- in this formidable body to the Queen , the Got jrn menfc would ba paralyses , ana the Qaeen he / self compelled to piss such laws as would , if the- did pass , pnt the seal to her own deMructica , and . to the defection of the constitution . However , I v / ill not
enter into a discussion of tire principles of the Charter ; for "whether t >" - » s or wrong in your Epscslaaro opinion ? , \ -. ¦ iaaMerof bocoe sequence . 5 h 3 chsr ^ e is , th& . v-. a attended illegal -m .- " -tings , Bitscd infl .: innn& ! . erv speeches , advised tlio people to © ease from lshoar . sad -did all ihi& \ viv j ihe design ¦ of procuring , by such violent and ^ mlav . i ' ul means , a ¦ change in the -constitution el 3 &e cenntrj . The cSence is the Biore dasgerons , on account of the ¦ extent of the conspiracy , and tbs organisation which seemed to pr ° rail . Is-seem 3 iaat you , Robert Wild , was appointed a delegate to ^ sit a . j Manchester , at
• which aboai'SGO were present , Tne question of ; he Charter was there discussei , and put "to the delegates ' , sedthe great majorj-y were for making the Chaner * national-question . Why I know not what ; is to become of the constitu t ion of England , if tha people -are to he allowed to hold illegal meeting * , appoint ^ delegates , and exercise the right of legislating—if cot for the iiation at larse , at least for the j poriaca of it thit is willing to submit to them . Let me teil yon , that it is owing to the lenity of the i Government in prosecuting you for a misdemeanor ] only , that you are not indicted for the crime oi high ] treason : for I am much inclined to think that the
principal restore whica characterized all joar pro-1 « eeding 3 was a design to subvert the Government ; sod such proceedings I am by no means prepared , to say would BOt have been held to be high trta- j son , if yori had been charged with that tJknee . 2 » y , therefore , it is solely owing t © the lenity of the \ ¦ Government that milder proceedings have been in- ^ titu ted against yon ; bnt the Lord only knows with "What success thislenity will be attendee . The desue ) -of the Government is , that you should be conciliated to yonr country—that yon shonld no longer declare , "War against it , or resolve to effeet a revolution which i "Will destroy your own comforts and peace ; ! or , sup- \ posing that your machinations should bo attended j with . success , and all were to become labourers , con- j sider how much 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 by 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 ! principles upon which all Governments are estab- ' -lisned . Thi 3 consideration may induce you to come to the conclusion , that you must take Governments , as you £ nd them j snd that , if any improvements j « re desirable , they must be mace t-y gradual and i progressive reasoning , and through me medium of those who are empowered to revise and ameliorate the laws for the general benefit . He- ( Mr . DDncombe ) shonld beglad to hear from theAttorney-General aud
the Bighi Boa . Baronet ( isir J . Graham ) , whether i they could defend and justify such doctrines as these— j icheers ) . At Liverpool , Lord Abinger ' s charges were ' -equally extravagant and nnconsiitutional , aud there , ; perhaps mora than any where else , Lord Abinger iailed in the duty which attached to him as ajudge , j of being eouasd 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 znare to be deprecated , in consequence of tho extra-. ¦ ordinary stupidity of the j-u y . There were some I unfortunate people tried lor stealing bread . Their names were il-Cormick , Reed , Plati , Dayits , and ' . Cusk . " Tbe 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 1 asked the foreman , who did not appear to be very in- ' telligent , what grounds he had fer the recommen- ' dailon , when , amidst much laughter , he replied , that from the prisoners' ' own disccurse , thsy did not appear to have been among the mob at & 13 , bnt in ; ¦ Other places . H 13 iordship told the foreman , that if thsj ^ rj did not believe ihe prisoners were ia 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 ' sea no doubt in ihe matie . r . " Uere was a lemark to fall from a judge- ^( hear , hear ) i The j jury hesitated , bnt the Judge immediately told them , that he could see * no doubt in the matter . " What I
TFa 3 tne consequence ? 1 he jury immediately returned j their verdict , found all the prisoners guilty , and they ¦ were immediately sentenced to seven years'txausportatioc . —( hear , hear . ) Mark how this occurred . The jury doubted , the liberty of the prisoners W 3 S trembling in the balance , when up got the Judge , and said , " * There could be no coub ; in the matter . " —{ cheers . ) He now came to another cose : —•* J aaacs Eelly , Andrew Cosgrove . and James Dulan . were chargsd with having , on Tu * sd&y , ihe 9 : h of August , - ^ miawfnlly , tumuiuiously , and rioiously assembied together , and felonioasly demulishcd the mill and premises of ilessrs . Saning and Beckton , in Lower Mossley-KreeL The priJ-ontra pleaded not gullry . Mr . " Wilkins said that he appecjtd i&r CosgrGve
iuttae Attorney Geueral staled to ihe Jury lhat he Bhonld not press tho charge against him , as he fouad that ihe allegations consisted of an expression used by him , which did not legitimately b-ar she coustri ^ ction put npon it hy the police-officers . He ( Jlr . SDimcombe ) was now only showing the want of intelligence on the part of the jury , in order that the Bonse mighi se « how likely they" were to be wrought upon , by a Judge tailing such views as Lord Abinger The report of the proceedings in this case , coniinned in these terms .: —** The foreman again manifested the calibre of bi 3 intelligence by saying that they found CcigroTe guilty also , after the declaration by the Aiioj ney- General , in his address to "the jury , that he should not press the charge against him !
- _ _ Aftcx the Ter-dict had been recorded , his iordshis ordered Superintendent Stephenson 10 be arecalled . ^ On entiling the witness-box he was asked to describe the state of Manchester on the day ¦ when the above offence was committed by the prisoners . He did so , and said that there were cpwards ' of 10 , 000 persons assembled . Lord Abinger ^ : What was their oljeet ?—Witness : A largo number of persons came ^ rr om oth er to wns ; ana they went from mill to mill , and compelled the men ± 0 leave work . Those who did so joined the turnouts , and they continued the attacks . Lord Abinger 1 Just so . I shall pass sentence upon these men now . The prisoners being ordered to stand up , hi 3 lordship , addressing them , said , —You have been -convicted by a jury of yonr country of a very grave and seiiocs
offence /* Here he ( Mr . Buncombe ) must remark that the manner of the Learned Jndge in addressing himself to the prisoners , and in passing Eentence upoa them , was described to be such as to have-created a thrill « f horror throughout the court . It was indeed bo very marked and striking as not to escape the comments even of the bar—( bear , bea-r . ) The reports in the newspapers wersaot FafSoient to ssow the manner and tone of the Noble Lord in passing sentence . He < Mr . Dnncombe ) wa 3 told that in the instance to which he was then referring , and npon a subsequent occasion , the Learned Lord ' s manner was most in-• decoroos and b ' ratalto these meD—< hear , hear ) , —and thai he applied every sort of opprobrious epithet to them , Euch as * rabble , " " vagabonds , " and other terms of the like kind—( hear , heai ) . These
expressions were reported in very mild terms iE the newspapers . The report made Lord Abirger continue his address k > the prisoners in these term * : — "Surely you have heard , or ought Jo have heard , that it is the peculiar b ' essing of the constitution of England , that there is no country in the world -in which there is sudi ampie ssruntv for persona . ! liberty , and for . the property of individaalF . Bnt if what you have been doing should be tolerated , 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 4 o usnrp that authority , and to csspel your feilow ^ workmen to abandon " their indastrions employment ! The law is s law cf great ieaiencj and great forbearance . It does not inflict penalties noon a hmti who quits his tmplovm ^ ££ d * raadeJr ' s aoout -ia idleness . " Tne Noble and Learned Lord then sentenced these mtn to iwel vo months' imprisonment wiih haTd labour . In another cpe , where the offence was thai of ^ ealmg hre&i , the news ^ per report £ & ** , — KTT * y , V _ - ¦ uwnojj ^ yci XCpUi li » k » , add the
in ri ^ -i 1 ip » ^^ ressing prisoners Sotw " ^ « t 0 that applied to Kelly sad inraM ? £ ^ ° V ™™" 5 da J > sentenced them to be Sffi 2 ~ £ ! £ Si ?« SS-X ^ rstas ? WM ^ M * M ££ ? i £££ - "^^ ojed by him were un-Jt irt / rasaja
« - « >« . *« o expressea his rerret tW ^ p ^ Ksa-. sssi te ^ S « f ^ sr ^^ finill iordflcoDdHCtMt regaired evidence , and that evi-i deuce mnst be obt ^ ned in the form of oral tegtimonv ' to giTe the Honse an idea of the tona and manner in 2 % » «« SPeted * ininBeM' towards Uie priEoncis i ¦ He ( Mr . I > nnconibe ) had reeeived statements fromt Persons wfep were ready $ 0 pgrne f ^ rFwd and Eub-
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} ! ' < $ , - ) stan' f : ateuponoaththe accuracy of whit they narrated . j Oa' j of these statements , coming from a mostrespect-8 ( 0 Je source , said : " Messrs . — were at the trials , and i v ill come forward and give an . account of the manner ' < ' if Lord Abinger while passing sentence aud summing up ; th . y describe his manner and . appearance as barely human , and th % t at the mention of the . * Charter , ' he appeared to lose all self-command , f grinning most demoniacally ; and as proof of his anti f ¦ patfcy to tiose who adTocated Chartism , two men , E from a place called Dakcnnsld , near Ashton , ? tated .. thai ihry were not Chartists ; one of whom said , he f . never flowed tho Charter to be mentioned in hi 9 1 > house . In answer to this set ; off , Lord Abicger
smiling , stated * tie Bhould consider their case V Since then a memorial has heen 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 Fenton . Fairhurst was convicted of tliis same offence ; his friends sens a memorial to the Queen , signed by most of the iiifhitntial 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 . Duucombe ) bc-iieved this 10 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 punishment prononDced upon them , the Hoase would see that such couduct assumed a very different character—( bear , hear ) . He would nowrefer to the testimony of James Allinson , laie a prisoner in Knutsford gaol . This man said : " 1 am pr-r-pared ( if neces ^ arv ) to make
oath of the truth of the 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 Corrcctioa 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 '—( boar , hear ) ! 2 . I beard the governor say to Robert Wilda , &c , in the day-room , immediately after their arrival , * BeaT iu mind , you men who are sent here for 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 lhat 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 sevtral ladies and gentlemtn , who were anxious to tee 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 , abo , as his overseer was a felon ! 1 give it as my solemn conviction , that the uu ' . rtunate sufferers now confined in Knutsford would ( as 1
would myself ) much rather 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 preferable 10 such a lengthened period of inhuman torture . " In addition to this , he ( Mr Doncombf ) had a letter from Lees himself , addressed to his wne . It was as follows : —
" Dear Wife—I write in hop ^ s thesa few lines may find you and my dear child , my fatlur and mother in good health , likewise my sis . er ilanha , as they leave me in but moderately good &t 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 my thanks . ** Dear wife , I wish to give yon a little advice how you should act ia 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-t las ? , of which scores can testify to the contrary . Secondly , they swore that I did , on the 12 ih of Angust , stita that I had been to Mr . Dalton ' s . and asked a donation , he refused to give anything , 1 therefore advised the people to go and stop his works ; this is 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 si aud that his ma ? ter bid a quantity of goods in a spoiling state , and he abked permission of the meeting to be allowed to finish them ; = ome part of the meeting seemed disposed to refu ^ o his request , at which I rose on the hustings , and advised the people to grant him permission to finish his goods , w : uch was Boon granted . On the evening of the same day another meeting was held at Wav ! di * nfaugh-irreen , when some person told t > ie people that
Mr . Dalton had been swejvrir . g 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 Attornry- 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 t *' me , on my liberation 1 shall not have a constitution worth having , should I even continue in moderate health , which is far from beini : the case at present .
" I wish you to give my best respects to the manager , overlooker , and all my old shop-mates , hopirg they will give their assistance , and all my friends : u the villages around you . " 1 shall be very happy to see you the first Monday of April , or my sister Martha , or ai > y of my friends or acquaintances ; if you come bring the child with you . * ' I hope you will keep up your spirits , as your unfortunate husband has done nothing that he or yon 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 , Kuutsford , Jan . 16 , 1843 . Robert Wilde also wrote a letter , giving a mtlaneholj description of bis health , and complaining of tbe conduct of Lord Abinger . It was in these terms : —
* 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 veiy kind and welcome letter of the 12 th in ? t . To begin my very short letter , 1 mu ? t inform you and all our friends in the neighbourhood . from which we come , that we can be viBited on the 2 nd of Oannary , * or sot til ] the first Monday in the next month , at the hours oi ten and four o ' clock . J shail be glad to see you here , if yoa can make it accord with your engagements , along with either my father or brother , 01 any othfT friends . Tfte period of my liberation tpproaches but tardily , but I shall reconcile myself Co the lot of happiness which falis to my share . And
m order to make the best of my leisure time aftet work , and to have a little improvement for the mind misgled with the toriures of the body , I wish them , jvhen they coose , to bring the following books , tamely—M * Culloch ' s and Cobtx-tt ' s Grammar , Hami ken ' s Geographical Key , and Walker's Pronouncing Dictionary , and I shall fsel much pleasure 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 verv best and a £ ectionate love to my dear wdie and children , to mj iktber and motlssr , to my brothers and sisters , and I send my sincere and warmest respects to all friends , particularly Mr . J . Mills and family , Mr . Hall , ane other real friesda , who have given their liberal aEsestance to the . widowed wife aed fatherless , children of the unfortunate ^ Robert Wilds . * * * Dear Sir , y « n may form an opinion how easy it ia to be contented upon such seatnty allowance . The
effects are already visible in iny body , and pbyical ¦ strength so far impaired that I iremble whea on my iegs after the least exertion . You will cease to be rarprised when I tell yon that suae is not ths only case of this kind . The effects of fionfinement snd poor diet have rednced me extremely low , wfeich you will tee when I tell you that oa my arrest I weighed 11 ^ stone , and now only 10 Eione 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 na , which I find very inconveniefit 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 yon 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 Wiidk .
" Knutsford House of Correction , Dec . 16 , 1842 " He ( Mr . Dancombe ) said that these individuals thus harshly dealt vtn " n were , to all mtentB and purposes , poliueal prisoners ; that it was not right or just that And after that on the 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 have 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 Etand 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 with the unconstitutional dootrines of law laid down and
insisted npon 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 uoon 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 upon 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 the force of a majority in this house , you stifle the inquiry I propose , what is to become of this Noble atid 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 , the persecutions that they promoted , and tho judicial murders that they committed ( hear , hear ) . But I will hops for better thing s 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 Kovornment ou all occasions , to vote with uje in favour of this morion . I tell yon that y mr character is also implicated in these
transactions ( hear , hear ) . 1 civil upon you therefore , for the sake of the government—for the pake of the instihitions of the country—but , above all , for the sake of ; he fair and impartial admimistration of justice—to accede to the inquiry which I now most earnestly , but mon respectfully , implore you togrant ( c : ieor # ) . The Hon . Gcnieman 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 exs 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 convicted under th » sa > ne Commission . "
The Attorney General said that he rose on the present occasion to meet the motion of the Honourable Gentleman 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 3 was a chargo ma ^ e against Lord Abinger as the Judge who was appointed to preside at the Special Commission issued iuto Cheshire and Lancashire in 1842 . He had not heard that against the conduct 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 vrho addressed the juries and called for the punishment which was inflicted upon them . Hs was not aware—ihe might be mistaken altogether in the view he had taken of his own conduct )—but he was not aware that one single 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 ' - ( oot by the Hon . Member , but by other persons ) had been so extrt-mely calumniated , as it respected that Learuod Judt-r , should have left all other parties who had taken an acivc part in the prosieuuons wholly untouched . The course adopted by the Crown in those prosecutions was , advi ., oly , the most
lenient course t . ' at could bo taken , ihi- charge of high treason tnitht have been , and that success-fully , prosecuted , ba ! . under all tho circnmftanccs , it was thought bettor not to prosecuto for so serious an offence . In the calendar before Lf > rd Chief ' Juttfe TiTidal there were charges of hit ; h treason ; and 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 Justus Tiudal 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 cb ;! rg ? s ; aud those censures would have been perfectly ju = t , if the fdctd had warranted them ; but , lie dcuicd that in fact Lord Abinger had introduced party politics at all . In Mr . Kenrick's case , the charge made had no relation to the conduct of that geutieman as a j'ulge ; and in Baron Smith's case , the order of the riouso 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 went into the charge against Lord Abing < r , to call its attention to what was the state 01 the countiyat tho time the special commi > Bion went down to uondnct the trials . Ho did this with very great regret , a-id 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 of Lancaster was concerned , had taken place —( hear , h ^ ar . ) He ( th e Attorney-General ) iek himself compelled to speak with great moderation , when the language- he was using to night miiiht be circulated
through the county of Lancaster , where he had to go to conduct a trial of the greatest importance—a triil against the leading and most important offender 111 ihis 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 awed by the proceedings that were occurring
in those two counties , into an cutire abstineneoftoiD it . In Lancaster and Cheshire , ho was extn-inely happy to say , none of that viok-uce occurred which took placo in other parts of the country ; but there were disturbance 3 er > "ii in those couuties , 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 ft , 000 searched to take possession of the town . They professed to enter under tne banner of peace , and they gave such promises as induced the civil authorities to witudraw the military and permit them to come
in . The moment they entered the town they di&-persed themselves ia all directions , and tho shops wereficut up , the provision shops were broken into , and maay , by threats « nd intimidations , were compelled toisnpply food to the rioters . In one case the workhouse was brokec into , and the provisions made tor tae poor were C £ . 5 "ried awa y by the mob . At ilcs time at Manchester tkere were two descriptions of political bodies . Some of them issued placards of a most inflammatory character—in which they advised the people to arm themselves , and resist the tyranny under which they la-toured—to cease from labour—to take eare and arm , and holding out 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 respecting the Charter had nothing to do with tbe administration 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 punned approached the crime of treason ; although it was perfectly lawful to discuss in any way , either by pamphlets , iectures , or even in public assemblies of a peaceful character ? But what Lord AbiDger had chiefly pointed out to the people in bis 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 country—to carry terror and something like civil war into every village 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 , bear , hear . ) These were . the act 3 against which
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I ^ ord Abingors charge was directed , and it was nothing like a charge against the right of full and fair discussion—( cheers ) 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 before ^ 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 oommitte 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 Lancashire . 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 preveut tho spread of insurrection , it would have been difficult to anticipate what would have been the lamentable results produced by the efforts of fovco 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 and 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 eemences , he would ask the
Hon . Member if ho had taken the trouble to contrast the sentences at Stafford and the sentences at Chester and Liverpool ? 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 Judges had met Lord Abinger in the evening , and that the sentences emanated from the united and patient consideration of all thice Judges—( cheers ) . Before the Hon . Member had made such a charge , he ought to have taken care to ascertain , by comparison , whether one Jadge had been s- > 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 thf proceedings he had himself used no expression of which any man had a right to complain —( cheers ) . He had stated the tact ? , and understated them , for such had been his instructions from the Government , and he had not only listened 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 Cosgro ^ e conaif teH of an ambiguous expression , and it was proved by nne policeman . It
struck him that this was not a , case which justified his proceeding . Although 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 stated 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 ( ihe 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 instintly discharged on his own recognizuicfts . This
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 .-o were not the class of persons 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 pp <> akina ; , the parties brought before the court as criminals were men in full work , and were , therefore , without excuse . One 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 might 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 unibrtuna . te men tried : one third of the ea . ses wore heard in the court in which he was a leading counsel , aud not a few of the prisoners conducted themselves with abiiitv ,
with proofs of edteitioi ) , 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 duty . 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 praoners with all his z al , he fel- bound to admit that he had no complaint to make—that the dignity of the law wa . s 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 , and of that right those who were in most affluent circumstances had availed themselves . The only patitlon printed upon this subject had been presented from Kincston-upon-Hull , 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 puuishment 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 , bad 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 this motion : as to tho hastening on of the tri-a ' s , not oiie had been urged oa when any reason couid 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 in , 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 tho public good 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 othe ? part of the case ; and it seemed to him , from reading the charge , that no exoeption could fairiy 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 the 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 . Thesioer considered it unfit that the House should deal with any complaint against a , Judge which was not of Buffiuient weight to require , that upon proof of the facts , an address sbonld be presented to the Crown for his 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 severity , 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 . .
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 stated by his learned friend the Attorney-General , that thecountry was convulsed from one end to tho other , that the minds of nien were deeply alarmed at the riot and rapine reigning around them . It was surely most important , [ therefore , in the position of the Noble and Learned Lord , that he should be most guarded in his statements , and he ( Mr . Sergeant Murphy )
must contend that a political chargo was peculiarly unsuited at such 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 wut 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 thi'ng to foster the irritation . He ousjht rather to have tempered it by wise and » entle 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 thdr 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 , and of his Learned Friend the Membter for Woodstock , were correct , and in the case of such excitement advice
ought to be afforded by the Lord Chief Baron , why the cowrpe which wag so good 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 char <* o , was it not equally the duty of Chief Justice Tindal , at Stafford , to " make a similar charge—( cheer ?) ? ; Yet let the House look at the terms of the Chiefi Justice ' s charge , and Eee 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 believe 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 govern tho Judges— ( cheers)—and that no
Judge ou gh : to travel out of the record immediately before hiin . If the topics introduced were calculated to prejudice tho individual to be brought before the court , it appeared inconsistent with tho rijjht conduct of ajJud ^ e . Give h'tn leave to ask whether there were no Chartists to be tried before ths Lord Chief Baron—( cheers )? Was it not notorious there wero raany Chartists included in the calendar , and had it notj been tho argument of the Attorney-General , as showing that these parties wero not driven to their misguided c . nJuct by any want , that the majority had been engaged in n political outbreak , that their wants had heen ministered to out of funds provided by the so-called Chartists ; and , in fact , that
many wtre Chartists i If this were so , what rigkt had a Judge , t-uting upon the bench , to pr juffice 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 beea imost lenient . Ho was happy to . see that the Isue Government had b t n lenient in their prosecutions ; iho was equally happy to find that tho present Government had , in this lcitic-ncy , imitated the conduct of their predecessors . As allusion had been made to the prosecution of Frost , ho toiisc ask tvhat was the state of tho country during the trials at Monmouth ? The attacks there weru not confined
to tho buildings ; there was a regular conflict between the troops and the people , and there was the act of treason in 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 tuinas to carry their political objects by setting the army at defiance , and collecting an army of their own ? He did 110 mch 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 decision , not on any extrinsic circumstances which were not in his charge , but fromithe law as he had unfolded it to them .
And what had been the conduct , of the same Learned Lord at Stafford ? He declared , " we 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 thiy 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 the administration of the law . i They had never brought the weight of this hi « 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 theiChartists , men who , if mistaken , bore the
name of Radicals . All his Hon . Friend , the member for Finsbury , said , was that enquiries bh mid be made ; 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 judges of the land ; but if , on tho other hand , the inquiry should prove that the charge against the Noble and Learned Lord were true , he would not regret that his Hon . Friend , tho member for Finsbury , had flown at such high game , and that he would let my Lord Abin ^ er know that dignity , however great , or talent , however exalted , must not trench upon the principles of justice—Kloud cheers . )
Mr . James Stuart Wortley said , that the opinion for" Mr . Serjeant Murphy , if deliberately formed , \ might have led him to suspect his own judgment ; but he was greatly relieved , as well as surprised , to find that the Learned Gentleman had joined in this attack on Lord Abinger , without even haviug 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 in the addresses of Judges to Grand Junes . He quoted the arguments used in the case oi Baron Smith , and showed them to be conclusive for refusing tlio present inquiry . Lord Chief Justice Tindal . whose charges and whose whole character
had beeii 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 Chartist ! insurrection ? ft would have been blameable to jtalk about' party' politics ; but the politics of Chariism constituted the very subject which Lord Abingor had before him . He ( Mr . 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 the state of the cpuntry , 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 > esB 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 most singular example he ever saw in that house of tiie indulgence ltjaivays showed to new members . ( " Oh 1 " and laughter . ) As an old member oi tbe bcuS 9 , who had had a seat there for tea or elevea years , it appeared % o him ( Mr , Wallace ) that the Hon . Member
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had totally forgotten that they had discus ^ ti . distresses of the country for Bve iS A * 2 last week , and that he ( Mr . Wallace ) £ 2 A motion on the distress of the country ' « tlXL * on ; for tha Hon . Member had VnSwJtSxTX of the ground of the speeches whuh hafbSaS were to be made on the subject—( laughter V W ^ w regard to the charges made by Lord Abiuger whilst on the Special Commission , he had seenTithisdntto purchase the book of the Noble and Laarned Tn ^! f and not to trust to reports of newspapers at all h ^ to trust to th . Learned Lord ' s own sTiiUinSM ^ ( Criesof" Oh J " and"Pooh" ) . » OhT » and « pSf ™ - ( laughter ) . They were gid woK ^ gether- ( a laugh ) . He had read this pamphl- JX the very greatest care , and the conclusion [ whlch ^ had arrived at waa the same , which he had arri ™ Uf on reading the London and provincial papers WitK to
regard a opeciai u > mmission , he ( Mr . WauW considered it a very awful thing in the country TV Judge sent down was bound to purge his mind from every feeling not that of duty , otherwise ha did imf properly fulfil the office of a Judge ( hear , hear > "FW hoar ! " He ( Mr . Wallace ) said so too ( laughter ) Ths ™ was a wide disttnorion in the Judges on the B » nch of England , which he hoped never to have Been " It reminded him , with sorrow , of the scenes he had witnessed in his own country , and which had de . graded the bench in former times . He could not forget in his younger days , in 17 ^ 3 an d 179 ] how the Judges in this country had coudenrod to condign punishment and even to death men who were never tried , except by packed iuriea
and prejudiced men . They were coodeumed 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 tha Examiner . He ( Mr . Wallace ) did not believe tha Examiner would descend to notice such conduct aa that of Lord Abinger—( criesof * ' Oh ! oh !') Hn 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 Lard was well crammed as to the manner ia which fa was to deal with the Chartists , of whom he fMr
Wallace ) was not ono . He told the Grand Jury a t Lancaster he was going to give them a little bit relating to the Chartists and the Charter , ia cas 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 laughtert —and it was not the first time that he had pulled a Judge up—( Roars of laughter ) . The 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 d seemed
Lor 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 ; and their ten toes too . ") What was tbe value of their estates without these people and their fiugen ! ( " Toes , " and laughter . ) And where would be their trenching and ploughing ! ( " Oh , oh ! " and 10 m
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 Learned Judge ; and they were those who must now Buffer 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 . B ; ronet oa the Treasury Bench . He had hoped he never should live to seethe day when similar conduct to that of the Scottish Judges , to which 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 waa 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 . Wallace ' s ) 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 , unfitted for his position , that he ( Mr . Wallace ) would be most happy to see that Judge retire in the eame condition that ha ( 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 Justice Tindal had pursued a course entirely different totoe Noble and Learned Baron , with the complete approbat ion of the whole press of England , Iiebnd , and Scotland , he would ask again , how was it possible that Lord Abing- ? r could not be wrong ! He would read to the House tho summing up of Lord Justice Clark 0 * one of the Scottish trial * to which he had
alluded : — " The question for consideration is , is tne panel guilty of sedition , or is he not I Befpre this question be answered , two things require noting : the hrtt is thi ? , that the British constitution is the best that ever was since the creation 01 ihe worid . ' — ( Laughter ) . " That is the first thing ; " and Che Learned Judge then advanced this rather stronger assertion— ' and the secoud is , that it is not possible to make it better- ( continued laug bter ); -tor is not every man secure , is not every man reaping the fruits of his own industry , aud sunns : safely under the shade of his own fig ;^ - He ( Vlr . Wallace ) thought it was exceedingly difficult to that man had his rights in this
counsay every try . The person on trial was named Mun \ aid the j-idge went on to say , " Mr . Mnir might have knmra that no attention would be paid to snch a rat > t > ie . Whit right had they to representation ? That was exactly what Lord Abinger said . "He could have told them that the Parliament would never listen » 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 jiinmed in a oag on the table of the House , ar . d their petitions were never heard . The Attorney-General had said u was remarkable that none of the prison , rs sentenced oy Lord Abinger had petitioned for redress , or for we Would
amelioration of their sentences . any _ man tell him that a prisoner with the treadmJl b&iae him would put hi . s hand to such a petition ! No man durst do it . It would be heard of in that House , the names would be sought out by a comtnutee , auu the prisoners wouid be punished . " " >*< ! - ® appeared that at Knutaford the other day , on a party of ladies and gentlemen visiting tiu' pnj ^ s " number of prisoners were set to work on the irea mill for their amusement . He ( Mr . Wallace ] 1 haa attended a meeting of 100 , 000 persons not lon g ag « to express their feelings on the state of tbe coan-ry , and he wished to God there was anotaer to ;^ ^' and that Hon . Members miiiht be present to war
what he had to say . ( Laughter . ) The PMfc «™ that meeting had come Jo a resolution that the inodh * Lord must totally have forgotten what sort <» »« £ . ings they were daring the time that the Ketora b « £ was in agi tation . Tho Right Hon . the Home s e cretary would remember that there were p lenty otenw meetings . ( Laughter . ) He ( Mr . Wallace ) reniem bered one large meeting , too , which ha * ° '" Home Secretary attended together—( LaufiWer »¦» Qucstion" ) -and one of the ooourrenoesr jfmm had happened was this—thcro was a uttie ° " «' row in tho C . urt hous ,- ( hughter . ) ™^ J ? £ » ( loud laughter . ) But tho Right *^ n . » g took no part in it for or againsr . It was au * » . 1 ., the Tories ; therefore neither tho Right Hon . £ - < u » mnn nnr ViofYtr W » . ! l .- » i »» N took ai ' . V OSXt P ' . „ ilV ¦
IUWK » JV » X » IA . K « *• H «« wuvy »»— - fill * 111 " ( laughter . ) They then ,, the freeho lders *" ^ county , agreed who should bo the member . - knew better than the R : * ht Hon . ^ erab . cr Ser . how they had settled it and who was to be ™™ They settled u over the cla ^ t an : ** XE d in ( laughter . ) He ( Mr . Wallace ) nevtf was' « ecw £ those days , but he did all he could to s ^ J j ^ g . in . In tho courre of the evening there w ^ s ^ ( lorablebit of a row got up ( laughter ) anfl '" ¦ & thi 3 to the windows of th ^ dining room to sea w waa was , and it was the sheriff of tbe w ^ rL * of a the greatest man they had there , upon tn ££ eoBing priva ' e dragoon aud ten or twelveaiter niBj . d to see " where was thf row ; " ^ " , T O p ^ nO ppomore heartily than the Right Hon . G ¦*•' " * £ i&v k . sits 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—t J > "' ., ^ was loud laughter . ) Th . y might depend upon ft going to read it . " Tae landed interest fon » h . rigln to be represented . " Very wdl-W ., ? He ter . ) He weat on- ( Loud cries of Y « was one of ( Mr . Wallace ) conceived that this question w » ( Concluded hi our Fourth page ) _— —— ± =
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Middlesex , by JOSHUA nuaaw , •« --ing Offices , Nos . 12 and 13 , Market-rtnrct , Bnga and Pablkhed by the * aid Josuva Hobs * , ( for the said Feargus O'Connor , ) f- » «» ling-faoase , No . 6 , Market-street , Briggats ; » internal Communication exuting batween ma No . 5 , Market-fitreei , and the said Nos - jM : 13 , Market-street , Briggate , thus c " ; nstltut ** % Jl whole of the eaid Printing aud PubUsWn ^ w one Premises . "? All Communications mnat be addressed , Post-pnd , Mr . HOBSON , Northern Star Office , I ^ eaa . ( Saturday , February 25 , 18 * 3-
Untitled Article
8 THE NORTHERN STAR-
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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-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1201/page/8/
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