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    ( Con&rme&Jrom mtr Sixth page . ) . Seed anaCa fcaTingieancea the wages o ! thejr « tss sad treated them otherwise in & most tycpS Zsl banner , they all left in a body , ana hands ^ vrocared to supply their place from the work-V % * ex miles off Among these -were severa ] crip-V ^ tJ-d l » d to be earned in a tax-cart , belonging to r ^ nen . On the 23 rd , 24 th , and 25 th of Dauber last t * 25 tfl being Sunday , they were worked ^ thess monsters in hnman shape thirty-two honrs , ^ o- ' 5 sHowed thirteen hours and a-half for rest " If !? L Qangs were done -with ths consent of the Poor r ^ Commisaonera , it vas time their authority should * T abolished , and the act -which gave it to . them re-^ Jed . He felt strongly xrpon this subject , Snowing trsnBaeuonB occurred

    hlocaKty "where taese naa , ana SriBg been in commnnicstion - » ith 4 he parties assure ? . If the Bight Hon . Baronet had seen these ¦ fetched cealures in the state he saw them , applying ^ protection "before tee magistrates , he was sure he ll jld tare felt eempassion for them , and been of \ Sji 3 n that the Poor law which sanctioned such pro-Srnffi -was a disgrace to the country . gjj . GraHaX Tffa 3 prepared to give a qualified « seirt to ths motion , but deprecated the strong , Harsh , ^ fl nrjnstifiable language which bad bee n used by the r" £ 3 itl £ inan , which he thought was quite inconsisoi ireeaom oi Cebate

    t—i -aiili tbe iEgftunaie principles . STeonlfl not consent to retain in the motion the Trerda iLutct , entire , and unmutaated . " Such expressions ^ -yjjed a direct insinuation that a public office from f ^ th the return was expected -was in the habit of rsrWhg & JE ^ nTT-iTig inaccurate statements to the Tirg&k ' , therefore , the hon . gentleman did not -withit , * those words ha should oppose the motion . He , s unable to procure a return of the letter of Mr . H . 6 ,-er , neither original nor copy being to be found ' l g \ ixe records of the Poor law Commissioners . Tttras , is ket , a private letter addressed to Mi . Chad--& . The Poor I « aw Commissioners did not possess 3 S ^ thB original or a copy . Mr . Ash worth ' s letter of the Lstv Commissioners

    \ Z 7 in tie possession Poor , ^ ti -sna ready to consent to its production . With » mect to the next return , as to the Bomber of persons ^ Tiere remsTed from their parishes in the agriculvjji into ths manufacturing districts , under the saucier of the Poor 1 . 3 w Commissioners , it was impos-£ gg tc state the amount of the wages they then ncfeiTei , oi their present residences , employments , and Wa ^ Tbere were severa ! items * in that motion of T 2 -srosld be quite impossible for him . on the part , jjg 3 > 3 aj L 3 W Commissioners , to promise a return . "Ersjfi ^ g - " *** ieaily material , and that sonld be j ~ x £ d , had already been presented to the pnblic in ^ j ^ isif Gemaiissioners * report of 1836 , p . 4 i 8 . _ £ « the Hen . Gentleman -wonld find a statement

    jaietiy Sir . Mnggrifige , the Assistant Poor Law Gomj ^ EidEr , on this inbject . In fee report of 1837 there * si sl £ > Bfnriher statement on the subject . He ( Sir j . &ahsm ) was ready to furnish any information that is -ras able to obtain . With regard to the returns jgpecSngthe dietary of the Belper and Derby Union Ifarfcfconses , he would sot feel any difficulty in laying 2 am on the table cf thBHeuse . As to the last motion d the Hon . Ggnilenian , "he begged to inform him . that Sie Poor law Commissioners -were not cognizable , erectly oi iouirectfe , o ! tae transaction to which he referred . If any such transaction had taken place , the Commissioners were entirely ignorant of it . He must demur to granting thess returns , ^ unless the "Hon . Genfisman consented to -withdraw the expressions " correct , entire , sni unmutilaled . **

    ytz . H . GiBSosssid he would not hare troubled the Bouse , if the Hon . Member for ELaaresborough ( Mr . Jenand . " had not made statements which would go . forth to the pubBc affecting parties who had no oppoifcaity of grangthe same ynblicity to the ccntradictiens as - » OTad be afforded to the accusations . He thought it T& 7 dasirsMe tbst such dislogistic terms as the Hon . Hemier bad introduced shonld be omitted from metions Enhnntted to that House . The Hon . Member from SssitsboiQzzb had asserted that persons were " MdnsppeQ , ' and induced to go from the agricultural into fig manufacturing districaby the promise of conditions smeh had not been fulfilled ; but he -was con-rinced that sisir inquiry would show the erroneensness ef this SitssiEst . The hon . gentleman had now , as he had on

    fannacecasicms , made assertions "which were not snbdsEtiaKd . < 31 r , Psrraad . — "Kame , name ; " and cries i 2 " Ords '" i . He would not go into the question now ; is £ bi thought the hon . geati&nan should be cautious in jning turrency to such unmeasured censures upon ingmdaals . With resptct to one statement of the hon . janSasan he might obBerre , that agricultural labourers bad been rssored inro lie Bmnufacturing districts , becsk is those districts there had been an increased dgEszd . ior Isixmx , irhich -was coincident wi £ Q a fisEsMiEt ¦ flt = n <^ T > f 1 in thfi agriculinxal dishdets . He 1 * 5 hth } thai if these labourers had not gone from the inicaltnis ] to fV >« Tn ^ TTnfnfft-n-ri T'g districts their places ¦ wcisifl hiTs beea supplied by Irish labourers , and

    tfca -Vu&jd haTe had a still more depressing effect . After Q £ ££ ncnltural labourers were transferred to the TT 3 H 7 ftr 5 msg districts , there was a rise in the rate of ¦ B 2 JS , aEd they leceiTed larger weekly -wages in the ESHCkcturmg than they would have done in the agric&liaial Districts . He " wished , howerer , most directly to csstndict the statement that there had been any "Mdiagping , " or that the conditions in which these $ 330 B 3 -Bere trensferrfcd to the manufacturing oistricta had not been fulfilled ; and he th&nght the Hon . Kember for Enamborongh ought rot , -especially before tbsietsms fowbicb he moved were presented to the House , to mate statements involving such serious charges . —iesr , hear , from ilr . FertanG ) .

    Dt Botteisg said , tint one of the gentlemen to whoa the Hon . iJember for ILsaresborongh liad retered -was a pssonal friend snd constituent of his ; SEd , haTiug on several occasions visited that gentieizsn , he iDt Ho-&mig ) had had an opportunity of BDticEg the condiuon of the labourers in bis employ . Ee tciQd rfate that many of the persoiis who had been trrr * foTe 3 from the agriculturist districts blessed the d ^ iiat ii d seen them removed from a state of great ^ isress to a condition of compaEisivfi e ^ Ee and comfort . He - » rald refer the Htm . Member to the statements of 2 > i C . Tajlor , -who , in the account of his visit to the asrmfsctaring districts , repeatedly noticed tfaB comfort saa hspjsaass of the trorimen employed by Mr . Ash-¦* $ !¦ £ . He recommended the Hon . Member to be eniians ho- » he inarmed in these vitDperaave attacks . Mr . Teerasd , in reply , said he had referred to the

    tas of a issnuiacturer whs waB convicted by the ma-PSntes in penalrias amounting to 125 / ., and who T" ^ » caiked his hands from half-past 8 o'clock en Saturday mcruing tall Sunday afternoon at 4 o ' clock Ifcra , -aas this man a monster in human shape , or nut ? Hs fid not feei himself justified in withdrawing this ^ spssson ; and he was sure that no hon . member Tfoala Hie Ms cha ^ rtn to be worked as heavily as thiB ? ° ! ad iraked those whom he employed . He regret-^ thai iha bon . member for Manchester ( Mr . Gibson ) «» ala h 2 Te repeated to-night a statement he made a p » "amp ago—that he iMr . Ferrandjmade assertions a aat hoa& which he had been unable to prove . He C £ aI 1 epgsdilis hon . member , and any gentleman on the ^ EPoate fide of thff house , to adduce a single instance a "Wuch he had made assertions which he had not fca > able to w ,. 7 t

    to . & 1 BS 0 S said the Hon . Member for Knaresbro ' * w 1224 s charges against the Hon . Member for Stock-^• TMtCDMen ) which he had not substantiated . The fraa-. Member had also made charges against manufac-™ a » caasected with the Anti-Corn Law League , that P ^ J " » ets especially the supporters of the truck system . ^« 2 s 2 asst whom did the Hon . Member prove this Jvp * &e committee "he obtained ? As far as he * JT > Ga * CDi iras aware , the charge was not proved ^ st My aismber of the Anti-Corn Law Leagne ; it ^ Pro ^ d osly against two manufacturers in Lancato ^ 2 ° WeIe oi GonBer ? atiTe polities ., and opposed ^ k ^ sKwn having been put , ^ - i £ iSA 5 D exprtssfed his surprise to hear that the Jr ^?*™ " » as proved s ^ ainst only two manufaciTTT ^ iaittSshira . Be crmM tsli tha Hon . Memher

    j ^^ A * - * proved agamst scores of manufacturers in ¦ &er £ iBnu , £ s modifed , were then orderedrf a fl ttS ao aoa of Mr . Ferrand , a return-was ordered is £ B ^ K } PJ of tte conviction of a firm of cotton-spinj ^ j ^ JTing on busmess at the Low-mill , Addingham , ths' ^ r ? B 5 ^ ^ Tortsliire , and trading under Bole ? ^ L *" md ^ ' P ° ^ information of Mr . ^ £ r \ « ier , Inspector of Factories , for having Sjjjj T ™ «*» niUl hszia on Friday , Saturday , and Js Tt * P 23 rd , 24 ^> , and 25 th days of Doctmber K ^? * ^ c Fac ' . ories Act . * M £ ht , 1 UiU : a broD ebJ in the Registration Bill , asoeS «? L * ^^ time ' and ordered to be read aiS ^^ nte y ^ L "ttafis ^ ^ TI 05 t-roueht in the Turnpike Soads Bill , t ^ t ^ Ttad a fKt Un * * and ordered to be read a jjJ fcafc onSwday . ^^ Bouse then adjourned at half- ^ ast twelve

    TUESDAY , Feb . 21 . 4 pair I ) rxc 0 HB 2 presented a petition , agreed to at ¦ iwnoBfc ?^ * the i ^ bsbitants of B » a , praying j *™ 7 into fhe coEfluct of lord Abinger when ^^• ths Spedal Commission . ^ wa-tte ^^ 513 Pr eseD ted a pttitioa from a hand &j * jI ? T 5 o ! Manchester , stating that be had been la ^ J ^ ? the po-arer-loosos of the means of earning tstg ^ *?< iprsying Biat the House would grant gro-< w C 05 l ) ^ CT OF LORD ABUfGER . iab slajjj . ^ chell presented a petition : from certain beim ^ rf ^ Snghton , praying that an inquiry might jj gjjj j ^ amto the conduct of Lord Abinger at the jUj ^^« tte late Special Commission ? and that if the Tofe ^^ SaiiiBt him -were proved , the House would 4 iat -Biv ^ ^ to h 6 r SisjeEty , entreating her to Bj T «» her severe displeasure the Lord Chief ltipo ^ order to iee P aB judicial bench pure and ^ kv ?™ said ** TO 8 B ^ pnrsnanee of the

    gj ^^ oooies of Ma ccuntrymen expressed to him , to * &atto ^ r ^ ^ ^ & * P uWic » bv et ^ S tt 8 ^ CKrf -n Hoi ; se to the "i ^ "P i ° vbich the ft ^ enrb ^ 0 ? AMnS « fliBcharged his duty as a twoa ^ * t te SP **^ Commission issued for the * tecfian « f « f ^ sihire ad Cheshire . In asking the * = 7 ehjn , LT- 1 IS 8 to tbia "al »« t , he did notpxefer fla fia Wa account , but lie implored It on the

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    part of minions cT the unprotected . m » anfeanefelsed poor among tJieil feKow-mbjecta . He -was satisfied heshould not make this appeal in vain , especially when he considered that in former days , if there was one subject more than another on which tie Hon 3 a of Commons had been zealous , it -was the administration of justice . Their first object had ever been to keep that pure , and to watch the manner in which the judges appointed by the Crown held the scales of justice between the prerogatives of the Sovereign on the one hand and the rights of the people on the other . N 9 W , the charges he had to make against Lord Chief Baron Abingers conduct on the special commission were , $ hat he had diaAarged his duty in a manner that was partial , unconstitutional , and oppressive to those who-were brought before him—that

    he discharged it in a rancorous , malignant , political , and party spirit to ths prisoners " » ho were placed at the bar of the court over which he presided . During the last session of Parliament a case connected \ rith the administration of justice in Ireland was brought before the House by the Right Hon . and Learned Member for Dungarvon , and he remembered that on that occasion a charge of Lord Chief Justice BushB was read , wherein be stated , thai if there was a case in which the conduct of the law-officers of the Crown or of the Judges was to be canvassed , the House of Commons -was that placet He now begged , therefore , in conformity with the declaration of that learned judge , to call their attention to the conduct of the Lord Chief Baren . He knew not whether honourable gentlemen had forgotten the

    feeling raise * among the public—the storm of indignation and disgust excited among all men out ef that House at least—at th 9 charges which Lord Abinger delivered , and the manner in which that judge summed up the evidence in several cases , as welljas the sentences ¦ which he passed on the unfortunate prisoners . The House might have forgotten the feeling that then exiBted ; but , at all events , if they had , he should feel it his duty to refresh their memories , and he knew no better means of testing pnblic opinion , and ascertaining its direction , than by showing what was the opinion of the pu&Iie press on thiB occasion . If that press were at all a reflection of public opinion , or if there were the most distant foundation in truth for the articles which then appeared in its organs , he said it

    -would become the bounden duty of that House to institute a foil icqniry into the charges he had to maka -fie challenged any Honourable Gentleman to show him a single organ of the press , high Tory , Whig , Ridical , Chartist , high church or low church , which approved of the conduct of Lord Abiuger on that occasion . He must say that the manner in which tbe public presa treated the Chief Justice Tindal on the same occasion was highly creditable to them . If he had a deubt as to the view he was about to take © f thesa charges , and of tbe conduct of Lord Abinger , he need only quote a jassage frosa the Times , -which condemned the cbargeB of Lord Abinger in the strongest terms . In the first place he might observe that every portion of tbe press , whether daily , periodical , London , or

    provincial , was loud in its censure and in invectives assinst tbe conduct of Lord Abin ^ er . What said that "wfcich was called the leading journal of Europe ? Haei it a a word to say in favour of Lord Abinger ? Having contrasted the charge of fhe Lord Chief Baron with that of Chief Jnstice Tiedal , the -writer proceeded : —•• Speaking constitutienaHy , this was not the voice of an individual—it 1 b not even simply the voice of o-e in authority—it U the voice of the common law of England . " In another article published in the Times , in which comments were made on some speeches delivered at public meetings , -which he ( Mr . T . Doncembe ) attended , and where the charges of Lord Abinger were severely condemned , tie writer , having found fault with those speeches , said—* ' We

    must guard onrselves from being supposed to express an unqualified opinion of all that Lord Abinger has said or done in the performance of his trying office . We are inclined to regret the severity of some of those punishments with which he has visited many of the subordinates in this ill-judged and ill-fated rising . We regret that acts , scarcely amounting to tumultuous begging , and with no proof of viulence , should in these excited times have been visited with transportation , which , as in cases of robbery , has been awarded . " Taking the other side of the question , he wonld refer to the language of tbe Morning Chronicle . [ Here Sir Robert P * sel smiled . ] The Right Honourable Baronet might smile . He unhesitatingly dared to S 3 y the Right Honourable Baronet did not approve of all the sentiments expressed in the Morning Chronicle , any more than he did perhaps always approve those of the

    Times . The Morning Chronii > . e said , after the opening of the Liverpool sittings : — •¦ If the sentiments attributed to Lord Abinger in reports of his previous charges ar * objectionable , those attribnted to him in this last charge are Infinitely more so . Indeed , ¦ we can hardly conceive it possible to cram a greater number of questionablenay , absurd propositions into tbe same space . We pass over the icsinustien levelled at the Anti-Corn Liw League in the allusion to the * schemes of persons who considered that a general turn out might be advantageous to thfcir peculiar political objests / aud proceed a * , once to notice some of the gross mis-statements contained in-this report . It is always onr wish to be able to treat with reverence those who are clothed with judicial authority . Had Lord Abinger , in his charges , imitated the -wisdom and-moderation of Chief Justice Tindal , he should equally have commanded onr approbation . But the Noble and Learned Lord has chosen

    to qnit that path in which he could tread securely , for one in which his gait i 3 most nnaeemly . It is not foi a Judge to propound from . bis judgment-seat doctrines of a questionable character ; and if any one Judge is less than another entitled to dogmatise on subjects such as those we have noticed—it is L- * rd Abinger . When ' in the Hcnse of Commons , he -was never able to rise to tbe level of any general question , and in the House ct Lords he has neyei distinguished himself by tbe comprehensiveness of his views . * ' The Morning Hei aid spoke on thiB subject as follows : — " We doubt whether the mode of giving some of the matter contained in ttese charges publicity and circulation is very judicious and appropriate . His Lordship ' s charges at Chester and Liverpool do not read

    so judicially as that of Sir Nicholas Tincal at Stafford : they occasionaDy travel out of the records b fore his Lordship , and -wander into the regions occupied by political controversialists ; they aim at more than is perhaps- strictly -within the province of a charge to the Grind Jury , and discuss subjects which will not assist the Noble Judge's auditory in disposing of the bills brought before them . Lord Abicger ' s addresses are , in short , -what are termed political charges . ? * * Proper thingB in their proper places' is a homely adage ; Chief , Justice Tindal ' s charge is an admirable illustration oiflt ; Lord Abinger ' s charges here and there i-: fi \ nd against it- * * * The Lord Chief Baron devoted bnt small portions of his addresses to an exposition of the law ; he rushed at once into

    political considerations , indulged in disquisitions on the tenets cf a kind of men called Chartists '—declaimeti against democracy generally—declared the adoption of the Chwter to be equivalent to the destruction of the Monarchy—suggested that the Government was most lenient in net instituting indictments for high treason in many of tbe cases to be tried . " The Morning Advertiser also condemned , in very strong terms , the conduct of Lord Abinger . They were as follow : — " Lord Abinjer is proving himself to be to the Tory Government what his Lordship appositely described Suisse to be to the Marquis of Hertford— ' invaluable servant , ' to whom no dirty work comes amiss . Yesterday we commented upon his Lorsfcip ' s charsre to the Grand Jury at Chester , and to-day we

    refer to the report in another part or our paper of a similar charge on opening the Special Commission in Liverpool . We have no hesitation in pronouncing both of these charges a disgrace to the bench , whereto the publie have been taught to look rather for an impartial and temperate exposition of tbe law , than for political disquisitions , or such liberticide harangues as those -by -which Lord Abinger has desecrated it . We have already expressed our conviction that the object ol the Tories is to snppress all expression of public wrongs and opinion , , under pretence of quelling insurrectionary manifestations , and Lord Abinger ' s charges most fearfully -confirm this apprehension . By his Lordship ' s exposition of the law , the mere fact of seeking any change in tht Bystem of government , by means

    calculated to alarm tbe authorities , is equivalent to an overt act of treason ; so that the people , in such case , have nothing to do but to hug their chains , lest their very rattling might disturb the repose of their task-masters . We have merely space thus briefly to direct attention to the speech preparatory to the analysis , exposure , and denunciation of its flagrant aggression against thB constitutional rights of Use people . " That was the opinion of the London press ; he would take just one instance from a provincial journal , the Macdcsfidd Chronicle , which Bald— " Lord Abinger delivered a lengthy charge to the grand jury at Liverpool , on Monday , which for bigotry and violence of language , far exceeded his former one . It -was composed almost entirely of attacks upon the Anti-Corn Law League and the Chartists . This Learned Judge—this ' renegade

    Whigvents Ms Toryism in the most ignorant comments upon Free Trade , and takes upon himself to be the guardian par excellence of public opinion . We venture to assert , that there is scarcely a single man , whose office leads him to animadvert upon human wickedness , in whose history will be found crowded % greater mass of political infamy . " That was the language of the public press , the voice of public opinion , which was certainly not disposed , unless on good grounds , to undervalue judicial authority . Could we expect that the bench would retain any share of pnblic respect , or of the authority which should belong to it , if just grounds were afforded for such imputations en its occupants . He had the firmest belief that he could prove the charges brought against lord Abinger to be "well founded , if the House ^ wenld grant his demand for inquiry . It would

    ill become the House to refuse such a request He believed the motion he was about to make was strictly founded on precedent , and conformable to the -usage which had obtained in Bimilar cases of ancient date . There had been numerous instances in former times of the punishments of judges who had been brought before the > ar of that House . Judges who had misconduct © -d themselves had been fined , imprisoned , and removed , and" he might say had been executed . He was not asking the House at the present moment to prene nnce any opinion npon the guilt or innocence of < 4 he Le orued Lord ; bnt if he ( Mr . Buncombe ) could prove at ? jje bai of the Honse that that Learned Lord had been guilty oi thecfearges which he ( Mr . Duncombe ) impute a to bim : it must be the opinion of every man that t' ue Learned Lord was unworthy to act is his judic ) . al capacity .

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    Without fOlng bade to ancient limes for precedents , be ( Mr . Doncombe ) would advert to those of more recent date . In the case of Keorick , who was a Surrey Magistrate and a Welsh Judge , Mr . Bow Lori Denman , made a motien in the House very similar to that of which he \ Mr . Doncombe ) had given notice , which was to call witnesses to the bar in confirmation of charges brought forward . That metion was agreed to unanimously . There was a little coquetting , it was true ; but the case was bo good , thai ; the Rigbt Hon . Baronet now sitting opposite , at last consented that an inquiry should be instituted into the conduct of this Magistrate and Judge . The result of the inquiry was , that Mr . Denman moved a vote of censure . The Rissht Hon . Baronet then moved , as an

    amendment , that the committee having heard evidence in support of the allegations of the petitioners , and having heard counsel on behalf of Mr . Kenrick , did net think it necessary to recommend to the House the institution of any further proceedings . There the matter dropped ; but he ( Mr . Duncombe ) believed t&at the general expression of feeling was bo strong against the conduct of Mr . Kenrick , that he resigned his judgeship , although he remained in the commission of the peace . The next case to which he would advert , was that of Baron Smith , against whom certain charges were made in the year 1834 ; the first was neglect of duty , insomuch as be had kept his court sitting too late at night , while he had not attended it Bofficiently early in the morning ; and the second charge was , the introduction

    of political topics in his charge to the grand juries in Ireland . That case was brought under the consideration of the House by the Hon . and Learned Member for the county of Cork . Now he ( Mr . Dancombe ) apprehended that all he had at present to do was to establish zprima facie case for inquiry ; for he did not ask tbe House to prejudge the question . That was the position taken by the Noble Lord then , as now , Secretary for the Colonies , and who he ( Mr . Dancombe ) regretted was not now in his place , in the ease of Baron Smith . Now he ( Mr . Duncowbe ) contended that his ease was stronger than that brought forward by Mr . O'Connell jagainst Baron Smith . He ( Mr . Duncombe ) complained not only of the topics introduced into the charges of Lord Abinger , but of his summing up before

    the petty jury , and his conduct—he ( Mr . Dancombe ) had almost said , his brutal conduct—towards the prisoners at the bar , in passing sentanco upon them . In the case of Baron Smith , it was urged that a sufficient case had not been made out for the inquiry ; but Lord Stanley ( then Mr . Secretary Stanley ) , in answer to that said : " Whatever circumstances of palliation—whatever circumstances of justification , there may be , depend upon it this case cannot sUnd without inquiry and investigation . " Now , that was exactly what he ( Mr . Dancombe ) said with relation to Lord Abinger . Mr . Secretary Stanley went on to say : — " It cannot bo stand—it ought not bo to stand ; and the Hon . and Learned Gentleman who expresses such anxiety to support the due authority of the law , and the upright

    and fair administration of justice in Ireland , may believe me when 1 say—which I dp most conscientiously , as from the bottom of my heart—rthat that authority , and that support are best given and best secured by taking care that , if possible , no doubtful cases Bball occur , anil that if they do occur , no attempt shall be made to prevent a full and public inquiry into them . Sir , it is with this viow , wishing to cast no imputation on Baron Smith , for whom I entertain tbe most unfeigned respect , still less desirous of doing anything to subvert the authority of the law , and least of all deairouB of acceding to anything that might countenance agitation in Ireland , whether political or predial , and believing that thesnpport of the law and the authority of justice joay be best maintained by allowing a due exercise of

    control to the public opinion and the public sentiment , by showing that in tbe British House ef Commons tbe interests of Irisli justice are not less attended to than the intonate of Engliisb . justice ; I say , Sir , that it is with this view , and on this ground , that while I should resist any motion that tended to remove with ignominy this Judge from the bench , at the same time I do say , that in my conscientious judgment , a case has been made out for inquiry into the circumstances in question , and for examining whether any justification may be adduced , or that which on the face of it appears to me a deviation from the ordinary duties of a judge . The Hon . and Learned gentleman says , if -we grant this inquiry , we condemn Sir William Smith We do no such thing . All we admit is , that upon tbe

    face of the thing there js ground for enquiry . 1 impute no cerrupt motive—I impute nothing at al !; all I say is , that there has been laid before me on tbe one band , and not denied on the other , a case of deviation from that which I consider to be the strict line of a judge ' s duty . It is for that judge , and for those who defend him , to show whether that charge can or not be satisfactorily refuted . All that can be said is , that there is a prima fade case for inquiry . " The House would remember that , after the lapse of three weeks or a month after that debate , a motion was made by the Right Hon . Baronet opposite ( Sir E . Knatchbull ) , that considering tbe length of time Baron Smith bad bten on the bench—that he had served his country for thirty years , and that this was tho first time his conduct

    had been questioned , tbe vote for appointing a select committee to inquire into the allegations should be rescinded . Bat even that was resisted by the Noble Lord opposite , then Mr . Stanley , and the motion was carried by a majority of bix , after a long debate . And upon what occasion were the expressions of Mt . Stan-] ej ?— «• i say that I have not that fear which the Hon . Baronet ( Sir E . Knntchbull ) expresses , of subjecting the administration of justice to the caprice of a popular assembly . If the House of Commons wish to have all the statements brought before them , on which they should think a sufficient couse made out for instituting an ir . quiry , they should desire to be made more partienlsriy acquainted , not only with the facts that can be alleged on tbe one Bide , but with the

    justifications which may be tendered on the other , in order that they may be enabled to decide whether the matter be of that weight and im portance which should lead them to take any ulterior steps . ' There was another speech upon the case of Biron Smith , delivered by a Noble Lord then an honourable member of this bouse , of whose integrity and of the value of whose opinion he ( Mr . Duncombe ) apprehended there could be no dispute . He alluded to the then Solicitor-General , now Lord Cottenham . That Noble and Learned person delivered bis sentiments thus : — " It appears he wantonly delivered what must be considered a political party harangueinsulting to many of the grand jurymen who heard it , both with regard to politics and to religion . In England , no sneb practice prevails ; and to avoid all

    temptation to the Judge to become a partisan , it is considered inconsistent with etiquette that the bar shonld be present whilst be is delivering his charge . * It is the duty of the Judge to instruct the grand jury on the subject of th" 3 bills about to be brought before them , and not to enter into political matters , er make an harangue on doctrines and opinions , with respect to which many of the jurymen might think very differently from himself . It seems to me that if this practice were to obtain a foofing , a grand juryman might get up and answer my Lord Judge : he might Bay— ' My Lord , I am of a different party in politics ; I am of a different religion : ' and I should like to see the judge who wonld have the hardihood to commit * uch a juryman , True , the judge might in

    answer say— ' This is not a debating club , but a court of justice , and you must not reply npon tbe bench : ' but might not the juryman , in retain , inform hi ? loidship that he should have considered that before he made his inflammatory harangue ? The hon . and learned member for Dublin says , he is prepared to provo his case ; and if it should be proved , I say that this judge ought no longer to remain in the seat of judgment It is not proposed that we shonld immediately address the Crown to remove him ; the result of the inquiry may be to prove that the bon . and learned member is misinformed , and that there is no ground for the allegations which he has made . I earnestly pray that the learned judge may be honourably acquitted of the charges brought against him , if they be not well fonnded ; and if that should

    be the result , he will return to Ireland in triumph , justified in tbe course he haB puisned It seems to me that , in justice to Mr . BaronSmitb , we are imperatively called on to grant this inquiry . " The noble lord , the member for the city of London , whom he ( Mr . Duncombe ) was sorry not to see in his place , also spoke , on that occasion , in favour of the inquiry . There was , indeed , one individual in the House , at the time , who violently opposed all inquiry into the conduct of Baron Smith and " that individual was—Sir James Scarlett—( hear , hear , and laushter ) . what were tbe sentiments he then expressed ? Sir James Scarlett said , " I conceive that a motion for , a select committee to inquire into the conduct of a judge is one which bo Government shonld support "' — ( But the

    Government did support it—( bear , heat . and a laugh ) : the Right Honourable Baronet the Secretary of State for tbe Home Department was then a member tf the Government , bnt having voted against them , retired about that time ) . Sir James Scarlett proceeded to say , " —which no Government could support unless they have first made an investigation , and are prepared to Bay they think it a fit case to be followed up by an address for his dimissaL You may declaim about the independence of the judges ; but if a judge whose honour and integrity are questioned , even though he should have committed an indiscretion which may make him tbe object of odium to a particular party , is aot supported by the Government , he will not have the courage to do bis duty . I venture to say that if this motion be carried the judges in' Ireland , if they have any independence , will all resign . " Resign ? But not one of them did resign—( laughter and cheering ) 2 Sir

    James Scarlett went on to say , " I hope that no gentleman in the House will give his vote on this matter as if it were a party question . No man detests a political judge more than I d»—( great laughter ) . No man , in my opinion , ought to be made a judge on account of his . politics —( hear , hear)—at an rate , he ought not to ca \ -ry them with hiin on ^ thebench "—( hear , and cheers ) . T < Vhy , if Sir James Scarlett spoke his real sentiments , Lord Abinger must by thiB time be beginning to hate himself most mortally—{ Laughter and cheering )—for he < Mi . Dancombe ) conld prove that no man had indulged in politics more than Sir James Scarlett , Snd that be had carried them with him to the judgmentsfeat both at Liverpool and Chester—( hear , hear ) He ( Mr . Duncombe ) had alluded to the charge of Lord Chief Justice Tindal ; and he would remind tbe House that that Learned Jndge had , in his ^ fcarge at ; Stafford , pointed out exactly what he believed ought to be the conduct of a Judge , particularly when engaged ' on au important and melanchuly occasion , such aa that

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    upon which he was then addressing the Grand Jury . HisLowhip ' a words were as follow : — «• Gentlemen , — It has already been intimated that we cauceive it to be no part of our province on this occasion to discuss the justice of the complaints made by the workmen against tneur employers , or to , decide upon the merits of the dispute existing between them . Neither is it part of our duty to show by argument that the course pursued by the partieB who thought themselves aggrieved waa of all others the least calculated to accomplish—on the contrary , perhaps , the most likely to defvat— 'he

    very object which they wished to attain . Nor . again , are we called npon to suggest or to discuss any remedies which may be provided by law for the prevention of similar miBchiefa , if , unfortunately , at any future time the same ground of dispute Bhould arise between masters and workmen—a discussion which is bettor fitted for a legislative assembly than for the members of this tribunal , to whom the only duty allofced is that of declaring the law as it stands at present . Our direct and more useful course ; will , therefore , be to endeavour to expound the law as it applies itself to the several

    cases ansng ont of these unhappy transactions , upon which you will be required to exercise your judgments , in order that you may arrive at a juBt conclusion whether sufficient appears In each individual case to call upon the parties accused to appear before a jury of the country . " No man , he ( Mr . j Dunconibe ) apprehended , would dispute the soundness of tbe doctrine thus laid down . And here he could not forbear mentioning one anecdote of the conduct of Lord Chief Justice Tindal in reference to these trials . At one time a solicitors clerk , engaged in defending a prisoner , had occasion to leave the court , and on attempting to return was Btopped by the door-feeeper , who told him that by order of the sheriff he was not to be permitted to enter , because

    he was a Chartist Appeal was instantly made to the judge , and he was told that free ingress and egress had been denied to the solicitor ' s clerk to and from his client . Lord Chief Justice Tindal said , " Throw open the doors immediately . We know nothing of Chartists here . " ( Cheers . ) But go from the court at Stafford to that of Chester or of Liverpool , and it would be found thai nothing was in the mouth of Lord Abint > er but Chartism and Chartists . Now if Lord Chief Justice Tindal were right , it followed that Lord Abingei must have been wrong . Lord Chitf Justice Tindal muBt have said what be did , in order to gain for the prisoners a fair trial . He ( Mr . Thomas Duncombe ) now came to the charges delivered at Liverpool and Chester ; and here he must contend judges ha 1 no

    business to express their own opinions upon doctrines , nor to strain the law to meet those opinions . He was confirmed in that view by an authority which he apprehended tbe House would not dispute—he meant the Attorney-General Thurlow , afterwards Lord Chancellor , on the Duchess of Kingeton ' 8 trial , in the House of Lords , in 1776 : — " I do deaire to press this upon your Lordships , as an universal maxim , no more dangerous idea can creep into the ^ nin . l of a judge than tbe imagination that he is wiser than the law . I confine this to no judge , whatever be his denomination , but extend it to all . Ingtnious men may strain tbe law very far , but to r ) evvert it—to new model it—the genius of our Constitution says judges have no such authority , nor shall presume to exercise it ! " Now he

    ( Mr . T . Duncombe ) asserted that Lord Abinger had assumed such authority , and had presumed to exercise it . The two charges delivered by Lord Abinger at Chester and at Liverpool were much the same , except that that at Liverpool went beyond the . one delivered at Chester ^ Upon that , therefore , he ( Mr . T . Duncombe ) should principally take his stand , although he might read one or two passages from the Cheater charge , to show the animus of the Judge throughout these trials . — . " You will find that there ia a society of persons who go by the name of Chartists , and who , if they have not excited or fomented those outrages , which will be brought under your notice , have , nevertheless , ' taken advantage of them for their own purposes , bave endeavoured to prevent the

    unfortunate people from returning to their work , and sought so to direct them that they might be conducive to the attainment of political objects . And what is the object of the Charter , which these men are seeking ? What are the points of the : Charter ? Annual Parliaments , Universal Suffrage , aud Vote by Ballot . Yet , geutkmen , you will find , by the evidence which will be produced before you , that it has been inculcated upon many misguided persons that th « sovereign remedy for all abuses , and the only means of putting themselves in posseesioo of such a share of power as would euitbie them to vindicate theii own rights and secure tboaiselves against oppression , is by tho enactment of what they call the People's Charter . " Was there any Member of that House who would get up in bis place an < 1 say

    that the advocacy of the object mentioned is an illegal act—( hear , hear , hear ) ? Lord Abinger went on to say'' What a strange effect , then , would the estabiiahmout of a system of Universal Suffrage produce ! for under it every man , though possessing no property , would have a voice in tho choice of the representation of the people . The necessary consequenoes of this * system would be , that those who bave no property would mako laws for those who have property , and the destruction of the Monarchy and Aristocracy must necessarily entue . '" Not satisfied with libelling those who were favourable to the principles of the Charter , the Learned Lord actually went out of his way to attack the institutions of America . His Lordship said— " In the diffareDt states of America there are pure

    democratic associations , elected by Universal Suffrage and Vote by Ballot ; and some of these states have recently exhibited the regard paid to property by democratic assemblies , by having protested against paying the public ereditor , and disregarded their own obligation to obey their own law mt ^ de for his security . If such a system of democracy were 'established in England , the first consequence would be , that the Btcurity of property would be removed , the public creditor and all commercial actumulations would be destroyed ; and , finally , or , perhaps , the first object aimed at would be the destruction of property ill land ; there would be an universal agrarian law . " Now . if tbia was not political doctrine , he ( Mr . T . Dancombe ) would like to know what was . For what purpose was that

    point put to the Grand Jury , unless it were for tbe purpose of prejudicing not only Uwir minds , but those ef the Petty Juries who were to fallow , against the prisoners to be placed at tho bar ? How could tbJ Judge know that some of the gentlemen he was addressing were not holders of that very bank stock , anil whi , unfortunately for themaelres , had lost the whole of their money , and that by his remarks their minds would be prejudiced , when he told them that the parties they were to try were seeking changes , which , if effected , would place them , tho public creditors , in the same position as the holders of public funds iu America?—( hear , hear ) He ( Mr . Duncombe ) would ask if it was a fair argument to puc to a Jury , and whether a Judge did not travul eut of his way in alluding to

    auch a subject at all?—( hear , hear ) If this Noble and Learned Lord bad not gone into Liverpool , and followed up his abominable and unconstitutional doctrines , in his summing up before the Petty Jury , he ( Mr . Duucoinbe ) Bhou ' . d not tnve thought it worth while to call the attention of the House to the subject . But when he followed the Noble aud Learned Lord into Liverpool , * he found him indulging there in exactly the same style of language , n .. y , if possible , still more rancorous and malignant against tbe parties be attacked . Ho was quoting tbe reports of the Times newspaper , and as he understood that upon tbe occasion of the commission that jouraal sent down one or two of the most eminent reporters to take the proceedings , tbeir report was , no doubt , more correct than

    if furnished by Lord Abinger himself . He ( Mr . Dnncombe ) would prove that these reports , aud more than these reports , were correct , for Lord Abinger went even beyend what was reporttd , and that , in . shame of the Judge , some passages were suppressed [ so we understood the Honourable Member , who apufee rattier ii > distinctly at this part of his speech J The Noble and Learned Lord indulged in a hit at tae Anti-Corn Law League . Upon that point he said he would not enter , but leave that Association to settle their dispute with the Learned Lord : — " Much has beeu Bald of the privations to which the working classes have been reduced , and I make no doubt that they are considerable , for it cannot be denied that many of the usual channels of trade have been interrupted , an ! there was existing a

    general . feeling of despondency among commercial meu as to tbe advantage of engaging in commercial enterprises , tbe result . of which was attended with great uncertainty ; but I em bound to say , from the experience I have acquired as to the history of this insurrection iu a neighbouring county , that that distress has been greatly exaggerated . " Now he ( Mr . Duncombe ) thought that House had , during the present session , given a practical contradiction to the allegation that the distress of the people cuuld be txaggerated . The Noble and Learned Lord went on— " It aetms that a society of persons , who are recognised by tbe title of Chartists , have endeavoured to persuade them that the true r 3 medy for all their grievances , was tbe adoption of what they call , tbe Charter , which

    appears to be principally aimed at a larger Reform of Parliament than has already been adopted ; and , in defiance of the promises , and no doubt the sincere hopes , ef those persons who introduced and carried the late Reform of Parliament , that it was tobe a final , efficacious , and satisfactory measure of Reform , these infatnated persons—for they als © must be infatuatedhave formed an opinion , grounded on what foundations I know not , that a representation created by Universal Suffrage and Vete by Ballot , together with the Payment of Members of Parliament , would be a panacea for all evllB , and endeavour to inculcate these doctrines on the assembled multitudes they address ; and to persuade them that to perpetuate the insurrection against tbeir masters , and

    to make it universal , was the best means of getting the Charter . They mixed up with their orations many affected recommendations to peace and order ; bnt , gentlemen , you will find these recommendations alwaysaccompanied by false and exaggerated statements of the general feeling of the country . I must say , gentlemen , that if these conspiracies , having such purposes in view , had been made the subject of prosecutions for High Treason , the consequences might have been serious indeed to the , parties concerned . I am at a loss to know what distinction there is between a conspiracy to subvert the Government , and impose force and restraint on all the branches of legislature on putpose to have a particular measure passed into a law , and the crime of High Treason . " So it appeared we were to bave a new Bort of treason—the advocacy of

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    the Charter . " I do not understand that the Government intend to push the indictment to that extent , and these people owe it to the lenity of the Government that they are not put in a position bszirdoua to their lives . " Had it then come to this , that the advocacy of the Ballot , Universal Suffrage , Electoral Districts , Payment of Members , and Annual Parliaments , is High Treason ? He was not now ! contending whether those principles were good or bad , but he said it was the constitutional right of Englishmen to discuss theBe important subjeets , and a grand jury was not to ba told by a learned judge , who might probably be of bigotted and rabid Tory principles , tbat it was little short of high treason to advocate certain principles , and that they were indebted to the lenity of the Government that they would { not be arraigned for high treason . He ( Lord Abinger ) had forgotten that at so late a period as the year ! 1780 those very

    principles of the Charter bad been ( advocated by tba Duke of Bedford , the Duke of Richmond , Lord Selkirk , and others . Lord Abinger j went on to say"A great deal ha 3 been slid at different times as to what shonld be considered an unlawful assembly ; and , 1 am sorry to say , that what has takeu place in this country has giv * m rise to discussion on the point , both ia eombs ot law and in Parliament . ( Bat one thipg ia clear—tbat an assembly consisting of such multitudes as to make all discussion and debate ridieulous and a farce never can be assembled for the purpose of deliberate and calm discussion . Will any person in his senses say that when a man assembles together 3 000 or 4 , 000 individuals , he does so to form a deliberative assembly , to diacuss speculative points either of law or government ? Such a profession would carry ¦ with it ita own refutation . If , therefore , un assembly consists of such multitudes as to render all notion of

    serious debate impossible ; or , if you / find tbat at such an assembly all attempts at debate are put down , and that the only object of the parties is to near one side , the meeting ceases to be an assembly for deliberation , and cannot protect itsalf under that pretension . '' Was that the Learned Lord ' s definition of an unlawful assembly ? He ( Mr . Duncombe ) asked those who attended county elections , whether 3 000 or 4 , COO , and even 10 , 000 , did not . issemble ; aud whether they did not deliberate upon and discuss the merits of the candidates ? Lord Abinger went on— " The consequence of the success of their endeavours ; would be , not a reform of Parliament , but a subversion of the Government ; because everybody who r < fleuts on such things knows tbat the establishment

    of any popular assembly entirely devoted to democratic principles , and elected by persons the vast majority of whom possess no property , but live by manual Jabcur , would be inconsistent with the existence of the monarchy and the aristocracy . Its first aim would be the destruction of property and the overthrow of the throne , and the result would be the creation of a tyranny so intolerable , that the very persons who assisted in establishing ; it , would be the first to put it down ; and cut of she : confusion whioh would ensue , would possibly result a military des potism . Yo i will excuse me for using this language to gentlemen of your description . " " The learned lord apologised for the language he used , and well he might . Why . those were the old arguments

    which were used at the time of . the Reform Bill —( hear , hear ) ;—these anticipations of the throne and the aristocracy being in danger were all put forth as arguments against the Reform Act and its opponents , and now they are used against the Charter by a judge on the bench . With regard to the discussion of points like this , he ( Mr . Duncombe ) would quote an authority which Hon . Gentlemen on the opposite side would not , he apprehended , dispute —he meant that of the learned Attorney- General himself , ( Sir Frederick Pollock , ) at the trials at Newport , when defending Frost , in J 840 . The Hon . and Learned Gentleman said , " I have not seen the Charter , and hardly know what ! is meant by a ' Charti-st . ' I hear of its points and articles , and I

    learn from tho newspapers that Chartists carry their views beyond the Reform Act established by Lord Grey's government . Among the articles spoken of are universal suffrage , vote by ballot , annual pariia mentii , and no property qualification ; whh respect to tho ^ o I do not agree with the Chartists ; but upon th * so subjects their opinions are \ entertained by many members of Parliament of undoubted respectability and integrity , and of considerable talent , and—if it be true what I have hearil on the subject —tho names of many are attache ^! to a document , the avowed object of which is to frame what is calkd the Charter of the People , by expounding their principles ou these poiuta . Gentlemen , I have abstained from mentioning any name unconnected

    vviiji the cause , from uttering auy observation which could give offence to any one who istabsent , or using my privilege—i ought to say my ; duty—so as to create any feeling of pain or uneasiness to any one absent , and I am sure I shall fulfil the duty whioh I owo to Mr . Frost better and more to his entire satisfaction , if I refrain from making any one remark which could create a moment's pain with respect to any past conduct or transaction . These Chartists , however , gentkmen , it must be admitted , stand at present in relation to the present constitution as it was established in 1832 , > ju » t as the advocates of reform stood in relation to the old constitution , which was remodelled by the Reform Act . "—( hear , hear , and cheera . ) "And [ however X may

    ditLr from these who are called Chartists in opinion , I must do them the justice to say , that Chartism so far ia not treason —( iheers)—nor the assertion , the public assertion of it , rebellion—( renewed cheers- )—and I must go ^ further and say that although I trust I shall never live to see the day , and I trust that nobody in whom I iake any interest will live to see the day , fatal as I think it will be to the happincsF , the prosperity , and the well-being of this country , when these principles shall be established ; yet I must say , that if it be the confirmed opinion , at any time , if the large mass of the intelligence , and numbers , if tbe strength and sinews of the coiantry , and the intelligence which controls that strength , shall finally

    determine to adopt the Charti .-t code , doubtless , gentleman , it will be adopted , and mere wealth would , in my opinion , struggle against it in vain . " The Hon . and Learned Geatieaianjsaid that it was not treason and rebellion to advocate the principles of the Charter ; but Lord Abinger entertained a different opinion . He ( . Mr . Duncombe ) defied any body who Jooked at tha Charter to find in it any thing that would enable him to say that its effects could be such as this Learned Judge ascribed to it . These were the charges addressed by Lord Abinger to the grand juries . He would now ! proceed to show how tho ^ e charges were subsequently wrought out by the Learned Judge in his charges to tho petty juries , if the mauer had ended with the charges to

    the grand juries , it would have been of little con-Bequeuce ; for the gentlemen to whom those charges were addressed w < sre mm who , from their education and station in life , would possess enough of information to know that the doctrines laid down by the Learned Judge were not the doctrines of constitutional law , nor indeed any kind of ; law known in these kingdoms—( hear hear ) . He was told that many of those gentlemen , on leaving the grand jury box , at Liverpool , had expressed themselves disgusted with the charge which bad been addressed to them . Many of the unfortunate persons tried before Lord Abinger upon this occasion were undefended . At Chester , as he found from the report to which he had before referred , there arrived the whole park ot

    legal artillery of the Government , j Down came the Attorney-General ( Sir F . Pollock ) , the Attorney-General for the Palatine ( Mr . Hill ) , Mr . Jorvis . Mr . WeJsby aad Mr . Pollock to conduct the prosecutioa ; whilst only a single counsel , Mr . Yardley , appeared for the defence . Hence ( it happened that as two courts were sitting at the same moment , many prisoners were necessarily obliged to be tried undefended . There was always ] something in a Special Commission most adverso to the prisoners to be tried . For holding of suoh commissions the Government always appointed the time most convenient , to itself . The bar did not jgenerally attend unless especially retained . Hence the Government , with its heavylpurse and well-fed counsel , was always

    well and ably represented , whilst the prisoners , poor , and without the means of offering a fee , were left to the very doubtful chance of procuring any legal aid at all . Upon the occasion to which he was referring , it appeared that Mr . JYardley was the only counsel available in the two courts for the defence of the prisoners . Hitherto , ; however , it had always been the benevolent maxim of the English law , that " the judge is counsel for fhe prisoner . " But so far from mat being the case in the present instance , one of the charges that he ( Mr . Duncombe ) had to bring against Lord Abinger was , that he made himself an advocate for the Crown—( hear , hoar ) , and that his conduct throughout the whole oi the proceedings was most indecent and indecorous as

    applied to the character of a j udge , and most unjust and cruel as applied tothe prisoners —( cheers ) . He would now show the House how the Learned Judge carried out the doctrines which he had laid down to tbe Grand Jury . He would go first to the trial of a man named Wilde , and five others at Chester . These men were charged with attending an unlawful meeting , which ended in riot . In summing up the Learned Judge addressed to tbe j petty jury very nearly the same seutiments that he hid addressed to the grand jury . He said : — "It would not be necessary to go at length through the whole body of evidence which bad been presented to them . The question for the jury to decide was—firat , whether tbat evidence west to prove the existence of a conspiracy ; and secondly , whether it identified the

    prisoners as connected with it . The aim of Chartist meetings he ( the Learned Judge ) considered , was to produce a general suspension of jlabour , in order that , by so doing , they might facilitate an organic change in the constitution of tbie country . AU changes in the constitution , even ! from worse to better , were to be deprecated if effected by force and violence . He did not mean to say that men were not quietly to meet and discuss changes in the government ; ( but it should be remembered that governments were not made in a hurry , but were created by a long succession of events audj the gradual improvement of mankind , who , as necessity required , made laws for the protection of persons and property ; and any attempt to change those governments suddenly was pregnant withdangex \ it iu fact , amounted

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    almost to treason . Now , he would ask , what wera the objects likely to be obtained—what was the object sought by the advocates of the Charter ? It was such a , change in tbe laws as would give to the labouring classes the framing of a ) l laws for the protection of property . That was the object avowed ia the placard which had been produced in evidence , and the man who had been capable of writing such a placard must have had intelligence enough to know that such an object never could be effected without force and violence . It must be known that the House of Commons , as at present constituted , would never allow every man in the kingdom , whether having property or not , to have a vote for our representatives . " He ( Mr . Duncombe ) wanted to know

    what right Lord Abinger had to say that—( hear , hear ) ? But he went on— " $ o have a vote for our representatives , or allow their members to sit without a property qualification . " Then , what was to become of tne Scotch Members and of the Members for the Universities of Oxford and Cambridge , who sat without any property qualification—( hear , hear )! If the Universities were allowed to return representatives without any property qualification , why should not the same privilege be extended to the working classes—< hear , hear )? Bat Lord Abinger proceeded—** or , sitting , to receive a salary for their Parliamentary services . But even if the Commons should consent , the Lords would , to the last , resist the destruction of their own

    privileges . " Here , again , the Noble and Learned Lord took ; upon himfelt" to answer for tho other branch of the legislature . But with what propriety could he do so ? When the Reform Bill was under discussion did not the Lords resist to tho last what they considered . to be a destruction of their own privileges ? but when the advice was given to the Sovereign by the cabinet of which the Right Hon . Baronet ( Sir J . Graham ) opposite was a member , to " swamp ' the House of Lords , did not their Lordships give way , and alJow the bill to pass —( hear , hear ) ? This was the charge of Lord Abinger to a petty jury . By holding out such doctrines to them he ( Mr . Duncombe ) maintained that Lord Abinger ' s object , to use the words of Lord Erakine , must have

    been " to fasten the millstone of prejudice round the necks of those persons in order the more effectually to sink them "—( hear , hear ) . Lord Abinger went on : " Finally , was it to be espected that the Sovereign would , without force or violence , consent to the changes proposed by the Ciiarter V What right had Lord Abinger to state this ? A former Sovereign , as he ( Mr . Duncombe ) had already stated , consented to " swamp" the House of Lords . Why should not the present Sovereign consent to allow the working classes to vote for the return of representatives to Parliament \ Lord Abinger proceeded : — " The calling together of several thousand persons to discuss political rights was itself a farce , the object of the demagogues being invariably not

    to reason with , but to inflame the mob . Ho bad always thought that a meeting , consisting of several thousand persons , must , in its very nature , be illegal , because it was absolutely impossible that at such meetings there could be anything like discussion , and , therefore , for a man to say , I called together five or six thousand persons for the purpose of political discussion , was in effect to say , that I called them together to inflame their passions . " This appeared to be too much even for the stomach of the Chester petty jury , for it appears , from the report , that they inttrrupted the Learned Judge , and desired to have no more of it . Tne report said" The Jury here interrupted his Lordship , and intimated that as their minds were already made up aa

    to their verdict , they would not trouble him with going through the evidence . " It was too much even , for tliis jury . They had attended public meetings , no doubt , aud had seon thousandsof their fellow-subjects assembled for tho purpose of political discussion , without allowing their passions to be inflamed , —( hear , hear . ) But " No , " said the Learned Judge , " I will not stop till I have given you a little more . —( hear , hear , and a laugh : ) and then he went on a new subject , having nothing whatever to do with the case upon which the jury were to pronounce a verdict of " Guilty , " or " isot Guilty . " The report continued in these terms : — "His Lordship said he would only then trouble them with one observation , in reference to a statement of one of the

    prisoners , that the Q teen lived upon the taxes taken out of tho pockets of the people . Now the revenues of the Kings of England originally consisted of lands belonging to them . In the time of Edward the Confessor a great portion of the lauds of England belonged to him as his private ri < ht . Ttiey would find even in Doomsday book , a very valuable document , aud containing a record of all the property in the kingdom , that the King ' s property was there specified in the tame way as that of a private individual . When William the Conqueror subdued this country , in virtue of his conquest , he took to himself the lands of those whom be had conquered , and introduced the feudal system . His revenue consisted of a vast portion of all the lands in the

    kingdom , besides the feudal right 3 , which gave him very considerable power over the lands of others . For instance , if a man died and left a son a minor , the King took upon him the property of the deceased as ward for his son . These w ' uro called the King's revenues . In the reign of Charles the Second , tna feudal rights , amounting to about £ 800 , 000 a-year , were abolished , and a grant of £ 600 , 000 a-year wa 3 given as a compensation , to be paid in certain taxes ou small commodities , which were then levied by the government . In the reign of George the Third , William the Fourth , and Queen Victoria , further immunities were giv ^ n up , the Parliament undertaking to make a suitable provision for the parposes of royalty . Origiually the property of the

    vjrown belonged as-much to the Crown as the estates of the Marquis of Westminster or the Duke of Bedford did to them , and if ever there had been sacrifices of property , made to the publio , they were made by the Sovereigns of England . Was it be tolerated , then , that assertions should be made respecting her Majesty which were false in fact , and only calculated to mislead . He had thought it right to make these observations , in order that the public might understand the real state of the question . " Let the Hou 3 e mark these concluding words ; the Noble aad Learned Lord thought it right to make these observations , in order that the " public" might understand the real state of tho question . So , then , this was aa addres to the " public , " not to the "jury "—( cheers . ) In the opinion of this learned judge , whtn tten were

    standing before him for trial by which their liberties almost their lives might be affected , it was his duty to address himself not to the jury , but to the public out of doors . Well , the end of it all was , that the prisoners were found " guilty . " Then came the sentences . Here again tbe Learned Lord rendered himself conspicuous . Wild and tha other prisoners having been placed at the bar , the reporter of the proceedings gave this account of what took place : — " The Learned Chief Baron , in addressing the prisoners , said , Prisoners at thfl bar , you have all been tried and convicted—most of you of conspiracy , ia the assembling of illegal meetings , rioting , aid the adoption of other unlawiul means to procure a change in the constitution of the country . With

    respect to this charge , which is the gravest and most important that has been brought before the Court , you Robert Wild , Samuel Lees , John Fairhurst , and James Wild , after a long trial , and the deliberate consideration of the jury , have been convicted of that offence . It appears from the evidence , that all of you were more or less engaged in attending meetings assembled together , by appointment , from day to day , and sometimes two or three times a day , the object of which was to procure the largest number of persons possible , and to deliver inflammatory speeches , which you , Robert Wild and Samuel Lees , have been proved to have uttered against the Constitution of the country and the present state of things . Your design w all this was to inflame the

    tu / nds of the persons assembJed , to procure still larger meetings , and , when you had sufficient numbers , and were sufficiently organised , to proceed to accomplish your object of creating an entire suspension of labour , and putting an end toall the industry within the districts ia which you lived . Not only did you endeavour to suspend the labour in manufactories , but all other , kinds of workmen were stoppedeven agricultural labourers were prevented from following their lawful avocations . Now , a conspiracy to do this alone , if it were attended with no other result than the mere mischief and privation that must necessarily ensue to the unfortunate men whonz you hindered from following their employment , ia

    highly criminal , and very properly punisnable by law . But the Jury have decided that you had an ulterior political object ; that you vainly imagined , by causing all labour to be suspended , that yon could bring the country into such a state of distress and destitution—and which , indeed , you would have done , if your machinations had been successful—as that you might be enabled to force some political objects , which your imaginations suggested as the remedy for all tne evils under which you supposed yourselves suffering . As to your suggestion thai you intended to do this by moral force—the force of reason and argument applied to the judgment—what is that in reality bnt an absurd and fallacious pretext to cover your real designs , and to render them still more dangerous ? Why , it has been proved , that at some of the meetings speeches were

    uttered—and , I am not sure that they were not uttered by one of yourselves—in the course of which it was stated , that two hundred thousand men . were on their march from Glafgow to turn out the cotton chaps—tbat your brethren ( as they were called ) in Ireland were up—and that one hundred thousand Birmingham men ( whom you thought proper to call cast-steel men , on account of their supposed imperviousness to the authorities , aud against whom , it was said s , broadside would have no effect ) , were ready to rally round the cause of the people . "Was this moral force and argument Why , it is perfectly ciear tbat your professions of regard for peace , law , and order , were only adopted in order to cover your baser designs ; ana that thff real object was to give the people to understand that such physical force was about to he concentrated as would overawe the Government , and com-( Continued in our Eighth page- )

    Untitled Article

    THE NORTHERN STAR . 7

• Citation
  • Northern Star (1837-1852), Feb. 25, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct470/page/7/