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DEBATE ON MS . DUlsTOMBE'S MOTION . ( Continued from ' ow Seventh page . J pel them to aeqniesce in yonr demands . Nay , some of the speakers declared ihat the -way to carry the Charter was to do as it "wa 3 said "was done in the « ase of tbo great Charter—go in a body to the Qneeu , and make the demand for it . That -which is not altogether inconsistent with tie history of Magna Charta was mentioned for tie purpose of Insprrin ? the people with » aotion that , if you -went in this formidable body to ihe Q * een , the G-dTenrment would be paralysed , and the Queen herself compelled to piss such Iaw 3 ss wonld , if tkey did pas 3 . pat the seal to net own -deMTuciipn , aad t o eke destruction of ihe constitutionHowe rer , I i ? rill sot of t&o
, enter into a discussion of 4 ^ e principles ; Cbirter ; for "whether - - £ > . i or * wros > j in year j EpBcnian-re opinions . satvter of no oecft-qnesce . \ 1 li 3 char ^ is , tea- -a attended illegal ?¦ ¦ -riaea , i mtered iBfLunmitorv speeches , ad vissi -:.- . psople . to cease fromlibcarl aad 4 id all ibis vrvih mederign ¦ of procarin ^ f ^ 2 T snch TJelent and unliTrful moans , a i change in the constitution of the country . The ' effsnee is tbe more dvjngerons , on accanut of the ) extent of ibe -conspiracy , and the organssatios which i seemed > o prevail / Ii seems mat yon , Robert Wild , ; was appointed 3 delsgate to sit x . 1 Slanohoster , at !
which abott 300 were present . Tie question of the Charter was there -discussed , and pm to the dele- i gates ; and the great majority were for making the Charier at national ^ nestion . Wbj I know not what is to become of the constitution of England , if the ' people ere to be allowed to hold Illegal meetings , appoint delegates , and exercise the Ti £ bt of legis-: laving—if eox for the nation at lax *? e , at least for the i portion of it ihs . 1 is willing to submit to them . Let me iell yon , that it is owing to ibo lenity of the I Government in prosecuting you far a misdemeanor < only , that you are not indicted for ihecrnns ot high treason 1 for I am ranch inclined to think that tne
prnseipal Restore which characterized all jour proceedings was a design to Eabvert the Government ; and such . proceedings I aa by no deans prepared to say would sot 3 sa . Te been held to be high trt » - son , if . you had been charged with that offence . I say , therefore , it is solely owing to the lenity of the -Gorernment that milder proceedings have been instituted against yon ; bnt the Lord cnly knows with "W&at success this lenity will be attendee . The desire of the Gorernment is , that yoa should be conciliated to your country—that yea should no long-r declare "Wax against it , or resolveto effect a revolution which sraH destroy your own cossforis and p . eaee ; tor , supposing that your machinations should bo att-eaded with scccess , aad all were to become labourers , consider how much more labour would be brought to market , and with what 2 . depreciation it . would be attended . I am "willing to believe that some ofy OB have , been deluded i v those who have had m-jre Tricked
objects than yoarsel > e 3 in view ; and an opportunity ¦ will be afforded jou iy which you may yet became j faithfal subjects , on a more jasi consideration of the , principles upon which ail Governments sre estabiiEBed . This consideration may induce 5 on to come to the conclusion , that you must take Governments i as yon find tkem ; and that , if . any improvements , axe desirable , they must be made i y gradaal and I progressive reasoning , and through me -medium of those who are empowered to revise and ameliorate the laws for the generai benefit . HeiMr . DnDCombe ) shoul d be glad to hear frosa the Attorney- General and ibe Sight Hon . Baronet ( i > ir J . Graham ) , whether they ccnld defend and justify such doctrines as these—{ cheers ) . At Liverpool , Lord Abinger's charges were ;
tgnaliy estravagant and unccoistumiona } , and there , perhaps more tnan any where else , Lord Abinger failed in the tinty which attached to him as a judge , j Of being coniisd fur the prisoner , not an advocate ' for the Crown—( hear , bear ) . This failure of duty , tm tho part of the-jodge wa 3 in this instance the ' , more to be deprecated , ia conseqnence of xho extra-j ordinary stupidity of the jaiy . There were some ! unfortunate people iried Jor stealing bread . Their i Barnes were iJ'Cormick , Heed , Plati , Davies , and Cask . " The jury" —he was here quoting the report of Uie proceedings— " returned a verdict of guilty against all the prisoners ; but ihe foreman said thfj ¦
TeconimeEded Platt to mercy . The judge then a ^ ed the foreman , who -did not appear to be very in-1 telligent , ^ hsti groneds he had for the recommendation , when , amidst much laughter , he replied , that from the pnsoners' * owa discourse / ihey did not appear to have been ameng the mob at all , but in other places . His Lord&bip told the foreman , that if-the jary did not believe ihe prisoners were ia the ] mob , taas this disbelief entitled them to a verdict of j acqaixlal , and nos to a recommendation to mercy , j Be added , thai for his own part , he could j see do donbj in the matter / ' Here was a j remark to fail from a judge—( hear , hear ) 1 The , jury hesitated , bus the Judge immediately veld them j that hs could see ^ no doubt in the matter . " Wiat i "Wis the consequence ! Tht jary immediately returned ; lieir verdic :, found all theprisoners guilty , and they : ¦ were immediatfcly sentenced to seven years' ir&uspor- ; tatioa . —( hear , hear . ) Mark how ibis occurred . The jary doubted , the liberty of the pr ^ onerswas trembling in the balance , when up got the Judge , and said , There could be no doubi m the matter . 1 —Kciwers . ) He now came to another case : — " James ; Kellyj Andrew Cosgrove , and Jamss l > i > lan , were i charged with having , on Tnesdsy , the 9 : h of August , xmlawfaUy , tamuliuously , and " noiously assembled together , and feloniossjy demolished the mul snd premises of Messr * . S . mmg and Beekton , in Lower Moseley-street , The pri-oiicrs pleaded not guilty . Mr . Wiikias said that he appeared for Cosgrove ; but the Attorney General stated to the Jury that he should not press the charge against him , as he found that the allegations consisted of an expression used ty him , which did notleghimaiely bear the construction put tij » q it by the police- officers . He I Mr . SnB . CO . nibe ) was now only sho wag the want of intelligence on the part of the jnry , in order rbat tfe € - Honse might sea how likely they were to be wrongs ; T / pon by a Judge taking such views as Lord Abinger-The report 01 the proceedings in this case , consumed in these terms : —** The feremaii again jnanifeste" ! tie calibre of his intelligence by sajing that they found C ^^ rove guilty also , after tha declaration by tie Attorney-General , in his address to the jary , that he should not press the charge auainsi
¦ him ! Afttr the -rerdict had been recorded , his Lordship ordered Superintendent Bieph&ison to be recalled . On entering tfae witness-box he was atked to describe the state of Manchesiar on the day wten the above offence was commuted by ihe prisoners . Be did so , and said tEat there were npwards of 10 , 000 persons assembled . Lord Abmgeri "SYhat wa 3 their ot-ject ?—Witness : A larg ^ number of persons came from other towns ; anc they went frcm miH to mill , and compelled the men to leave work . Those who did so jdieed the tnrnonte , and they continued the attacks . Lord Abingeri Jnst so . ^ I shall pass sentence upc-n these men mow . The prisoners being ordered to stand np , his
Xiordsbip , addressing them , said , —You have Deen convicted by a jury of your country of a vtry grave aad serious offence /* Here be ( Mr . Buncombe ) most remark that the manner of the Learned Jndge in addressing himself to the prisoners , and in passing sentence npoa them , J 7 ss described tc be snch as to have created a thrill of horror throngbont ihe court . It wa 3 indeed bo very mailed and striking as Dot to e = cape the commenrs « ven of tie bar—( bear , hear , ) The reports m ihe newspapers were not safficien ; te show the maansx and tone of the Noble Lord in passing senience . He ( Mr . Dnnoomie ) wa 3 told that in tie instasce to "wMch he was tien reffrring , and npon a subsequent
occasion , tie Learned Lord ' s manner was most indecorous and brutal to tijese men— ( hear , hear ) , —^ . nd that he applied erery sort of opprobrious epithet to tbesj such as " xabble / ' " vagabonds , " and oteier terms of the like kind—Cnear , hear ) . These ezpresaons were reported in very sild terms in the newspapers . Tie report made Lerd Abing ^ r coatinuehis address to the prisoners ii these t-enc > : — "Surely you hare isard , cr ought to have beard « tiat it is tic peculiar blessing of thei-onsiiiution of England , that there is no country is the world in which there is such ample security for personal liberty , and for the property of indiTieeal ? . But if what you have been deing shou ' : d be tolerated , of what aTaU would be the law ? uf what rise , 1 ask ,
would be the making of lews , if such rabbie as yourselves siosld presume te n < urp that anthcritv , and to compel yonr fellow-workmen to abaatoa their industrious employment i The law is & law of great leniency and great f-rbearance . It dsss not mllict penalties uuon a mas who quits 1-is esiplojment , and wanders about in idleness . " Tae ^ oble and Learnediord tien sentenced thesem ^ to tsdve months' imprisonment with haTd labour . In SSSf «« » ¦« £ «* the « 3-cnce w » 3 that of pealing bread , the newspaper report said ^ - in ri ^ n ^ . ^ P' aBer ^^ eEs ' mg the prisoner SS ni nP t 0 tbat a P ? hed to Kelly a ^ ssfea % * s ^ tf 2 £ * » z " ! & ^ eks . ^ an / earl ^ rimpWd % T *^™ B
f 5 In WiUcl 1 ^ P ««> aers joined lavini tbev ^ TieLeaSfn ?^ «» » " «^* P « « wBi i Xhe i ^ arned Jndge immediately passedfientevcA •' by Mi . ilpms , and the fact of t&ere having been no redaction m wages for three t ^ d ^ S ! 2 S 11 ^^ ^ SoyldbyC J £ S -: WiBingte jeaye thair employment , ordered eachofj &mtohempiBoned Mdiit to ' iardTSbSS & / one jew . His Lordship expressed his re « et that ie ^^^ powered to inflict a h eavier p ^ h-^ ent . "Tiese were but a few samples of theTpirit of lenity ^ wiich t his Learn ed Judge adminisS ;
tli e ^ w . With regard to the KobJe and Learned i « ora s condaot it Teguire 4 evidence , and that evi- ' ' oence most be obtained in the form of oral testimony to giye tie House anidea of tie tone and manner in ^ aici ie conducted himself towards tie prisoners iie tMr . Dnnijoinbe ) had received statements from ! persons who were reaclj to come fprward and fob- ]
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stantiatenpen « atitne accuracy of wiattiey narrated . ! One of these tlatementB , coming from a most respectable source , said : ** Messrs . — wtreat the trials , an ' J will come forward and give an account of tie mauD . er of Lord Abinger wiUe passing sentence atd- summing = tp ; th y describe his manner and appear : mce as terely human , and that at tho mention r > f the * Charter , ' be appeared to loso all self-command , grinningmoat demoniacally ; and asproofof b is anti patliy to those wio advocated Chartism , two men , from a place called Dukenfield , near AshtoA , f-tated that tbry wire not Chartists ; ouo of whom , bayl , he never allowed the Charter to be mentioned in his house . In answer to this set off , Lord Abinger smiling , stated * he should consider their case !'
Since then a memorial has been-sait to the Secretary of Stat *» , and they have been liberated , though they were charged with the same efface as several others who are now suffering the extreme penalty of human misery : their names are Turner and Fenton . Fairhurst was convicted of thi saa ^ e offence !; his friends sent a meiEorial to tie Q , ueen , signed by mo ? t of the iiiiiuential men in the neighbourheod of Mottram , together witi several magistrates , praying for a mitigation of his sentence , which has been refused , whilst tie other two , who disclaimed Chartism , were released . The wbole affair is altogether so disgnsting that I will not insult yon by offering any remarks upon it . The facto—the damning factsspeak for themselves . " He Olr . Duncombe ) believed
this 10 be perfectly true ; and with this pr .--ju
to the treatment of Robert Wilde , &c , in Knutsford House of Correction . 1 . That Robert Wildo told me that he and the others who went into the House of Correction together , were met by the governor , who said , Now you have Wen 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 , 1 would not give mnch for your constitutions when you go out '—( hear , hear ) J 2 . 1 heard the governor say to Robert Wilde , &c , in the day-room , immediately after their arrival , * Bear ia mind , yon men who are ecnt here for a long time , our rules are very stringent . You will have \ our bread stopped for the slightest offence , and if that should happen often , you will never be able to
stand your punishment ! ' S . Samuel Lees told me * that he and the othera who were brought in with him were taken to the treadmill on Wednesday afvernoou , that being their turn according to the u ? ual practice ; and that on the following morning ( Tnursdaj ) they were again taken out to tread the mill , contrary to all custom , for the amusement of sevt-ral ladies and gentlemen , who were anxious to see the sport ! 4 . Samuel Lees further stated that he was sent to weave against his will , as he wi > : ild be in the same building as thieves and vagabonds of the vilftt description , and , also , as his overseer wa-a felon 1 1 give it as my solemn conviction , that the un "rtunate sufferers now confined in Knutsford wouiu ( as I
would myself ) much rathes bo transported for seven years than undergo the punishment iLflicted on prisoners in Kjmt = ford . I further affirm it as my opinion , that if they surviTe their long term of imprisonment , their constitutions ( which were strong and healthy on going m ) will not , bi worth having j for , before 1 came oat , I marked with deep sorrow iheir altered countenances . The fcod is of such an infer ior quality , together with being so short , and their anxiety for tho fate of their wives and children baing so great , that death would be mnch preferable to suci a lengthened period of inhuman torture . " In addition to this , he (* 3 r . Duncombe ) had a letter from Lees himself , adcressed to his wife . It was as follows : —
" Dear Wife—I write in hop-s these few lines may find jouand my dear child , my fatht-r and mother ia good reaki , likewise my sis . er Martha , as they leave me in bat moderately good at present , as I have suffered lately a little from indigestion ; your visit gave me great pleasure , particularly when you told me that the master and manager had behaved so well to you in my absence , for which yon must feive them ay thanks . ** Dear wife , I wish to give yon a little advice how you should act in getting up the memorial to her Majesty , in order to get my term of imprisonment shortened ; first , then , I must show you where the evidence against me was defective , nay , even false . They swore that I spoke at the meeting , on tho 7 th of Aagu-t Ia 3 i , of which scores can testify to the contrary . Secondly , they swore that 1 did , on the 12 th of August , stite that 1 had bt « n to Mr . Dahon ' s . and a ? ktrd a donation , he refused to give anything , I therefore advised the people to go and stop his works ; this is false . But the fact is that on Friday morning , the 12 th of August , a meeting was held at Wimberrj-hill , when Mr . Dalton ' s foreman came and sta : < d that his master had a quantity of gooda in a spoiling state , aiid he asked permission oi ihe meeting to be allowed to finish thtm ; some part of the meeting seemed disposed to refu-o h : ^ request , at -which 1 rose on the hustings , ar : d advised the people to grant him permission to tiuK-h his goode , sriiici was soon granted . Ou the evening of the same day anothrr meeting was held at Waud ^ -nsaugh-green , wht-11 some person tola the people that Mr . . Daiton had been swearing in a number of specials ; and whs * 1 said at that meeting was , that Mr . Dalton ' s works were going on till the j ; oods were out of dargtr , and that the meeting , I hoped , vrould not interfere , but al ' ow them to go on ; that was the sub-nance of all what I stated . Mr . Lodge can speak to what took place at the meeting in the morning , and 1 should like him to put a line in your letter to that effect . Tnese and many other facts I stated to the Attorney-General at my trial , and he advised that ury frienAs should memoria'izs her
Majesty to get my time shortened . You mu * t see some of my intimate friends , and they "will give yon their advice snd assistance in the mailer . I feel certain that should I remain here the whole of my time , on my liberation I -shall i » ol have a constitution worth haVing , should I eyen continue in moderate health , which is far from being the case at present . ** I wish you to give my best respects to the manager , overlooker , s-rd all my old shop-mates , hoping they will give their assistance , and all my friends : n the villages around yon . " I shall be vtry happy to see you the first Monday of April , or my sifter Martha , or auy of my friends or acquaintances ; if you come briug lie child with you .
" I hope you will keep up your spirits , as your unfortunate husband has done nothing that he or you nted be ashamed of . "Write in answer eo * a , and £ jre me all the informal ion you can . " 1 reaaain , dear wife , your aff . ctionate husband , " Samccl LEfs . - House of Correction , Snutsford , Jan . 16 , 1843 . Robert Wilde also wrcte a letter , giving a melancholy description of his health , and complaining of the conduci , of Lord Aiinger . It was ia these terms : —
Dear Cousin—These fee lines come wsiii my kind love to you and your faaily , hoping to fiad you in good healtn and spirit , as they leave me moderately at present . 1 received your ve ; y kind aud welcome letter-of the 12 th iust . To » exin my vejy short letter , I oust inform you and all cur friesds in the neighbosrhood from whit 4 . we come , that we can be visited < m the 2 nd of January , * or not till the first Monday in the next mosgb , at the hours of ten and four o eiock . 1 shall be . glad to see you here , if you can mzke it accord with your engagements , along with either my father 4 > r brother , or any other friends . Tfte period of mj liberation approachts but tardilj , but 1 shall reconcile mvstli to ihe lot 0 / happiness s-flich faiis to my . share . " And ia order to make the i > est of my leisnje time after work , and to have a little improvement fcr ihe mind miagled with the tortuses of the body , I wish them .
wfcen they come , to fccing tho following books , namely—M'Culloeh ' sand Cobbou ' s Gramzs&r , Hamilton ' s Geographical Key « . nd Walker's Pr « n * uncing Dictionary , and I shall feel much pleasure in rec- iving from you any small y ? ork which yc . r jibrary affords , sentimental or srieauSc ; nothing theological or political will be allowed . I send my very best and affectionate love to my dear wile and children , to my ffcther and mother , to my brothers and sisters , and I send my sincere and waTiaest re ? pects to ail friends , particularly Mr . J . Mills and family , Mr . Hall , and other real friends , who have given their liberal assistance to the . widowed wife and fatherless , children of tie unfortunate Robert Wilde . * * * Dear Sir , yon may form an opinion bow easy it is to 1-e contented upon such scanty allowance . The effects are already visible in my body , and pbyical strength so far impaired that 1 tremble when on my lees after the least exertion . You will eeasa to be
surprised when I tell yon that mine iB not the only case of this kind . Tae effects of confinement and poor diet have reduced me extremely low , wiich you will see when 1 tell you that on my arrest I weighed 11 | stone , and now only 10 fctone 3 pounds ; eon 3 tqnently I have lost only one pound per week fpr the sixteen weeks . We are compelled , when exerciidng , to walk with onr hands behind us , which I nnd very inconveniemt fthese cold days . I wish to have a pair of gloves . 1 have applied to the magistrate to be alb wed more fcod , but without success . My paper is nearly fall and time expired , I shall , therefore , close for the present , hoping that you will forward this to my father or wife , and a copy of it to Mottram . By attending to my earnest request yon will greatly oblige your affectionate cousin , = .- . "Robebt Wilde
, „ __ _ . ' Knutsford House of Correction , Dec , 16 , 1842 " He ( Mr . Dancombe ) said that these individuals thus earthly dealt with were , to al ] intents and purposes political prisoners ; that it was not right or just that
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they Bhould be treated either as Lord Abinger had treated them , in the first place , or as they had since been treated in tie prisons in which they were confined ( hear , hear ) . I hope , continued the Honourable Gentleman , that 1 have now said enough to justify an inquiry into the conduct of this Learned Judge ( bear , hear ) . At all events , her Majesty ' s ministers are resolved to stifle this enquiry—if they are determined not to accede to it—I hope they will at once stand up in their places and manfully say whether they approve of tie political harangues which were delivered by Lord Abinger from tho judgment seat at Liverpool and at CbesteitChear hear ) . Let us know whether there are any of you who sympathise with the unconstitutional doctrines of law laid down and
insisted upon by this recreant Whig ( cheers ) . I wisi 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 tho conduct of this judge , and that the people will not bo Fatisfied unless Bome inquiry is instituted ( hear , bear ) . But , if it be incumbent upon any persons in this house to assent to an inquiry , it is most especially so upon the friends of Lord Abingcr ( hear , hear ) . If Lord Abinger has been unjubtly accused tiey will have an opportunity , if my motioa is agreed : to , of proving the falsehood of what I have stated . And there is tho sense of justice in the Briti-h people , that if they feel that an individual
has been traduced and wronged , they are always too ready and too happy to wipe away tno wrong and to rentier him full justice ( hear , hear ) ; acd upon my head , and upon the heads of those at whose instance I bring them forward , will recoil all the shame and di .-grace of not beir-g able to substantiate the allegations we pat forth ( hear , hear ) . If the government shrink from this inquiry what will be the opinion of the public ? This judge is , to a certain extent , their servant . He was appointed by them . The public will say that you shrink from tho inquiry , because circumstances may come out that would implicate yourselves ( hear , hear ) . But if , by tke force of a majority in this house , you stifle the inquiry I propose , what is to become of this Noble atid Learned
Lord ! Will he be respected by the people when he goes again to occupy the judgment seat at any of your country ass . z-s ( heir , hear , hear ) ? I maintain that he will not . No ; he must be content to allow his name to be added to that dreadful and alarming list 0 ? ermined delinquents of former times who , forgetting alike the duty that they owed to their country and their God , arc only remembered in 'heae days by the law that they violated , the perscciuions that , they promoted , and tho judicial murd < Ts that they committed ( hear , hear ) . But I will hope for better things at this day . I hope that this houso is prepared to do its duty on the present occasion ( hear , near ) . J call npon you , for thv sake of the poorer clashes , to institute this inquiry . 1 call upou you , Gemlenien , who support tho government on all 00-ca- mns , to vote with me in favour of this motion . I tell you that y « mr character is also implicated in theee
transactions ( hear , hear ) . 1 call upon you therefore , for the sake of ihe government—for the sake of the institutions of the country—but , above all , for the sake of the fair and impartial admimistraiion of ji ; -t ; ce—to accede to the inquiry which 1 now most tarn . = tly , but mo ; t respectfully , implore you to grant ( cl » e-T >) . The Ilou . Gm . lenian concluded by moving — " T :. at , ptiitiono i . aving been presented to this bou-o complaining of ihe conduct of Lord Chief Baron Abinger when presiding as judge upon the tx * . cut ion of tha late special commission executed in the counties of Chester and Lancaster , this house do snmmon witnesses to die bar , for the purpose of ascertaining the language used by the said Lord Chief Baron Abinj ; er in charging tho Grand Juries , and in summing up tho cases to tho Pt-tiy Juries who were empannelled under t-uch Special Commissiou , and also in passing sentences upon prisoners convicted under tho same Commission . "
The Attor > f . yGener \ l said that he rose on the preseut occasion to meet the motion of the Honourable Gentleman by a direct negative . Before he addressed tho Hou&e on the bubjcCt brought more immediately under its notice , he claimed their indulgence , inasmuch as he had been alluJed to in respect to matters in which he had been personally conc-med , to state tbe part which ho had taktuin thae proceedings—( hrar , hear ) . This waa a chargo ma'ic ag- ; inst Lord Abinger as the Judge who was appouited to preside at the Special Commission issued into Cheshire and Lancashire in 1042 . He had net heard that against tho conduct of the Crown , or the immediate servants of tho Crown , there had been uttered one svliable of compla ' . ut . He ( the
Attorney-General ) conducted every one of the prosecutions which the Hun . Membar had alluded to ; and it was he who addressed the juries and called for the punishment which waa inflicted upon them . H : > 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 again . st the conduct of the Crown or the law officer * of the Crown . It was very remarkable that ibe conduct which the Hoa . Member had imputed to the Learned Judgo should be open to tho remarks lie had made , and that tbe admiration of juiiice , whiv ;' - ' . ( . aot by the Hon . Member , but by other persons . ) had been so extn meiy calumniated , as it ropected
ihat Learned Jud ^ e . should' have left all other partits wuo had lakun an ar ' . ivc part in the pro-ii cations wholly untoudii d . The course adopted by the Crown in those prosecutions was , advi ^ oly , the mo * t ltnient course ti ^ ai could bo taken , lht-chargt ) of hii ; h trtas n mii . ht haru been , and that suce < . « -fu ! ly , prosecuted , but . unJ ^ r a ll tho circumstances , it , was thought better i ; ot to prosecute for so serious an offence . In the calendar before Lord Chitst Ju-. tico Tiiidal there were charges of hij ; h treason ; and a diff-rence between ihe iddnss of Lord Chief Justic 9 Tiudel and thai of Lord Abinger had been pomtfu out , and the commendations bestowed upon tho lai * ruage of Lcrd Lh : ei Ju . * t : c Tinual appeared to be ( or the purpose of casual ocium on Lord Abinaer .
Tiu-ro had , indeed , been censure in the newspapers upon t . ' ie iutrotJuciioa of parly politics into judicial clurges ;' aud those censures wuuld have been pcrf < eu ) ju > t , if the facts had warranted them ; but Iw druied lhat in fact Lord Abingcr had inlrouuceil party politics at all . In Mr . Kenrick's ca ^ , the oh rte mad'j had uu relation to the conduct of ihat ^ i-u > : ciQ ' . n as a juiltjo ; aud in Bjron Smith ' s case , the ord « : r of the dou > e for a silect committee to inq are inio his condect was a lew days afterwards discharged by the House itself , on the ground that it was not b > . coming so to deal with judicial oharacter . Ths House Wuuld permit h ; m , before ho went into the charge against Lord Abmgir , to call its attention to what was the state oi' tho count ! y at
tho time the special commission went down to conduct the trials . He did this with very great regret , a :: d he owned he could have -wished that thu lion . Member had postponed his motion until the most , important of those trials , as far as tbe county of Lancaster was concerned , had taken place—( near , h <^ ar ) He ( the Aitorney-Uencrui ) ftk him .-elf comptUui to speak with great modi-ration , when the langeagc he \ vas u . sirj « to night initiht be circulated through the county of Lancaster , where he had to go to conduct a trial of the greatest importau . ee—a triii : igai ; i--t the leading and most important offonder in lhij sery case . But , he must do justice to the conduct of tho Noble and Learned Lord whose ecmduethadieen attacked . The House might not be
aware tha . i there broke out , in the course of a very sh < rt time , au insurrection , that involwd no less a space in extent than saven or eight counties . Ii > Cheshire and Lancashire there were stopped no less than fif-y too > j e hundred and fifty mills ; and he was sp- ' -akinj ; within compass when he stated that above 50 , 000 —( 15 P , 0 yi ' , he believed , would be nearer the truth)—persons who were willing to work , but who were awed by ihs proceedings that were occurrinj ; in those two counties , into an uniire abstinence from it . In Lancaster and Cheshire , he was extn rae ' y happy to say , noae .-o : that violence occurred which took place in other risrts ot the country ; but there were disturbances e * . n in tho 3 e counties , and in boom instances life wsv lost , antf for some ten days
or a fortnight there were hsrae bodies of men , varying from 2 , 000 or 3 , ( H # , to 7 . " 00 , 8 , 000 , or 9 , 000 , marching about the couiury , stopoiug all the naiils and prwenticg any one timing on any specif s of employment . Ai Manci ^ ttr a body of j » , 000 marched to take p ;« session of the town . They proleased to ecier uijjc-r t :: e baaaer of peace , and they give such promiies as induced the civil authorities to withdraw the military and permit them to come in . The moewnt they entered the towa ihey dispersed themselves in ail directjojis , and tho buous were shut up , the provision shop * were broken into , and many , by threats and ii .-timidaiions , w ^ re compelled to supply food to th <* rioters . In one case tho workh ' juse was broken into , and the pioviiioiis
cade !' r the poor were carried away by the mob . At this time at , xNlanchester there were two descriptiomi of political bodies . Some of them issued placards of a mosi inflammatory character—in which they advised tho people to arm themselves , and resist the tyranny under which they laboured—to cease from labour—to take care and arm , and holding oat promises that within a certain period , if they were prepared to use their power proper-y , they should get the Charter . He admitted that the question respecting the Charter had nothing to do with the administration oi justice —( cheers ) But he would ask , was 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 cat how nearly the conduct which had been pursued acproaoied the crime of treason ; although it was perfectly lawful to discuss in auy way , either by pamphlets , lectures , or even in public assemblies of a pearefui character ? But what Lord Abinger had chiefly pointed out to the people in his charge to the jury was this : — " You have no right , by force or menace—by forcing porsonB to abstain from labour , and by interrupting all the peaceful industry of the . country—to curry terror and something like civil war into every village and parish iu the kingdom , for the purposo of effecting any political object you may have in view . " This was tiie subst ance of Lord Abiuger ' s address ; and for what purpose did these people thus act ? To carry the Charter—( hear , hear , hear . ) Tbeso were . the acts against wbiol }
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Lord Abingor ' s charge was directed , and it was nothing like a charge against the right of full and fairdisouasion—( cheers ) To such an extent was this system of intimidation carried , that in no less than four or five towns there Bat 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 perssn 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 , callingth- mselves
a committee of public safety , who would give them a ticket certifying that it was fit they should be allowed an infraction of the rule , and the next morning the committe themselves would meet the people in the market-place , and detail to them the license they had granted to these persons . Ho 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 , aud well c laimed the scheme mu » t have been , when it spread throughout Cheshire nnd Lancashire . Six or eight cases were brought forward , and two were fully established . What was the state of things in August and September , when tho Special Commission went down to try these prisoners I If the most
extraordinary vigilance had not been used to prevent the spreid of insurrection , it would have been difficult to anticipate what would have been the lamentable results produced by the efforts of force and intimidation to carry tho Charter . Lord Abipger ' s charges had beeii 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 , ho would therefore , refer . They contained some observations on the value of the 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 tbe law , An insulated paragraph must not be selected and harped upon ; each passage must be taken in connexion aud with reference to tho 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 Alderson and Cresswell , and were tho result of the united judgment of the three . With respect to the bcmences , he would ask the
Hon . Member if he had taken the trouble to contrast the sentences at Stafford aud the sentences at Chester and Liverpool \ Had he compared the sentences passed by Mr . Justice Cresswell and Mr . Justice Alderson , hi the other two courts , with those of Lord Abinger I If the Hon . Member had inquired , he would have found that the other two Judges had mtt Lord Abinger in the evening , and that , the sentences emanated from the united and patient coii-Mderatioii of all three Judgos —( cboere ) . Before the Hon . Member had made :-uch a charge , he ought to have taken care to ascertain , by comparison , whether one Jud ^ e 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 ho spoke , ho might almost say , from his own personal knowledge , and Lord Abinger had beou always most rejdy to listen to any application from almost any quarter . He might bo permitted to say , that from the beginning to the end of th > proceedings ho had himself used np expression of which any man had aright to complain—( cheers ) . He had stated the facts , and understated them , for such had been his instructions from the Government , aud he had not only listened to , bub looked out tor cases to which mercy could be applied —( cheers ) . Aa far as he could juu ' f ; e , there was a perfect sympathy in this respect between the bench and the bar . The testimony in the ca « 3 of Cosgrove consisted of an ambiguous expression , and it was proved by one policemau . It
struck him that this wan not u , case which justified his proceeding . Alihoagh the Graud Jury had found tho bill , he had abandoned tho prosecution , and Cosgrove was acquitted . In another instance , a person 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 ia good work , and that he thereby supported aa aged mother . He ( ihe Attorney-General ) thought that this was a case in which meicy might properly be extended , and the jury , adopting his vi-w of the case , recommended the prisoner ; the JuJgo witli eagerness listened to the recommendation , and the man was instantly discharged on his own recogniziucfis . Tnis
man , as he had said , was in full woik , and , perhaps , he ( the Attorney-General ) waa not digressing too far when ho said that , although there existed severe sufferings aud heart-rending distress , which it was impossible to contemplate without the deepest emotion , such privations wore generally endured with tho most pauent resignation and fortitude . The .-e woro not tho class of persona brought before tho Court to receive punishment , for the crime of insurrection ; those who weio rally sufferers suffered in quiet and in secret , aud were not often seduced into crime . Generally sp <; aking , the parties brought before the court as cnmiuaU were men in full work , and were , therefore , without excuse . One case had occurred in Yorkshire , where a
pany 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 the Charter . True it was that Turner and Fenton had been sentenced , but there were circumstances in thoir cases which produced an intimation that they inight apply for mercy with a good chanco of huecess . 1 TJisy did apply ; the question was referred fay tho Secretary for the Home Department to Lord Abinger , and upon his Lordship ' s report the sentence was remitted . Htj ( tho Attorney-General ) had necessarily eeen much of the unfortunate men tried .: 0110 tViird of the cases were heard in the court in whicu he was a leading counsel , and not a few of the prisoners conducted themselves with ability ,
with proofs of edtouion , and all with respect . He should be extremely Horry , therefore , if the unavoidable sentence of the law were to be aggravated by unnecessary sufferings in prison , or by tho taunts ot the Judge —( hear , hear ) . It would have been ruoro candid iu 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 agaiuet the presiding Judge , when that Judge hai done no more than discharge a painiul and re-ponsiblo duty . As far as the Government was concerned , tho slate of the country called for the instant assertion of the supmnacy of the law ; in this rpspect the case was similar to that of
Monmouth , where , in defending tho pr souers with all his ztal , he t ' el- bound to admit that he had no complaint to make—that tne dignity of the law was asserted assooii as possible after the commission of the crime . No charge could bo adduced against the Government for i : > suing tho Special Commission as soon as possible ; but tbe prisoners had a right of traverse to the next assizes , and of that right xhose who were in most affluent circumstances had availed themselves . The only petition printed upon this subject had been pre ^ f-nted fro m Knigston-upou-Hull , iu which the petitioners declared that they ( as who did not ?) sympathised with the degraded and depressed condition of the labouring classes , and they went on to say that punishment ought only to be awarded in
proportion to tiie wrong proved to have been inflicted upon society . This , as an axiom , was true , but there , perhaps , had never been a time when greater real danger threatened the country than at the period to which he was referring . Tne petitioners wtj-t on to state that they conceived a fair , patient , aud impartial trial had not been afforded . There was not the bli ^ hteht pretence for this motion : as to tho hastening on of the tvia 1 ^ , not one had been urged on when any reason comd be advanced for the postponement of it , and at all eveuis no hint of accusation had beou breathed against the jury . The petition concluded with a prayer that her Msj' -sty would be pleased to visit James , Lord Abinger , with same mark of her roval displeasure .
Mr . DvncouDi : —Ihat 1 ? , if the allegations against him were found on inquiry to be true . The Attornsy-Genisral added that he felt called upon , even out of n . cp . eet- and consideration for the Honourable Member for Finsbury , whose zeal in the Bi-rvice of the public was well known , who 3 e incessant toils for the public good were atfmitttd on all hands , and whose eloquence , when ho urged any topic upon the consideration of the House , was to ba admired , to meet ihe present motion with a decided negative . It was singular , if the case were so glaring , that not the smallest cuiupiamt had been heard from the parties themselves , or from any person immediately interested in iheir behalf . He ( the
Attorney-General ) had not hoard the charge to the grand jury , but he could speak personally to every other part of the case ; and it seemed to him , from reading the charge , that no exception could fairly be taken to it . His respect for tho Hon . Member induced him to do all in his po \ 9 &r 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 Abiuger ' s character , and an admonition to Mi Duncombe to spare himself -the discredit which would redound to him from thel ^ nevitable failure of bis accusation .
I Mr . Ross contended that the mere numbers of an i assembly , without actual force , would not render I it uniawlul . I Mr . Thhsigkr considered it unfit tbat the House j should deal with any complaint against a Judge i which was not of sufficient , weight to require , that upon proof of the facts , an address should bo prestated to the Crown for his removal . If applications like the present were entertained , there would cer-
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tainly be no end of them j for in every cause there is one party discontented , because there is one suct cessful . 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 Abingrr 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 Mdrphy said there was no one who more willingly admitted the unwearying attention of the Noble and Learned Lord , or mere 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 tbe bench , was more likely to influence the individuals coming af : er him—( cheers ) . It was stated by his learned friend the Attorney-General , tbat the country was convulsed ! from one end to the other , that the mtnds of men jwere dceoiy 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 charge was peculiarly unsuited at such a time —( cheers ) . He would ask his Honourable Friend the Attorney-General , whether the political state of tho country did then require the Lord Chief Baron to travel out 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 againstjthe 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 anything to foster the irritation . He ought rather to have tempered it by wise and gentle speeches than ha ^ e made a political chargeamidst theseexciced
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 otherpartof tho disturbed districts ? Were the mill-owners , in the cne case , less injured by tho riots thaw the flagrsnr . instance : where the owners of the mines in Staffordshire found that their mines wore htopped by violence and the men prevented from working t In point of fact , the persons of the mine-owners wero threatened with viuknee and their property with fire . He woujcl ask , then , if that were the * state of menace in St . ifjbrd . shire , and if the arguments oF his Learned Friend the Attorney-General , and of his Learned Friend the Member for Woodstock , were correct , and in the case of such excitement advice
ought to be afforded by the Lord Chief Birdn , why the course which wa . s so good in the one case had not been adopted in the other ? If it was the duty of the Chief Baron , at Liverpool , to make this charge , was itjnot equally the duty of Chief Justice Tindal , at Stafford , to make a similar charge—( cheers )? Yet let the House look at the terms of the Chief Justice ' s charge , and see how it was couched—( cheers ) . He had never , till ho came into the House , read the charge of my Lord Abinger . TI 19 charge of Lord Chief Jut-tice 'finda ! he bad read at the time , being in Ireland , and he congratulated himself , being in a couutry notorious for the perversion of the B nch to the purposes of party , tbat Lord Chief Justice Tindal , in this couutry , and in a
time of treat ( excittment , had delivered a charge which w ; ia a modi-i by which any judge might profit—( cheers ) . He reverenced the judges of the land : anc why did he reverence them ! Because he did bvUovc that if there was anything which they brought to b ( at when they took their judicial seatin addition to jthe great learning they possessedbetter thau any other , it was the feeling of the absence of all political consideration—( cheers)—it was looking at the : question submitted 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 ) Ho said that this was the principle which ought to govern tho Ju'ltces —( cheers )—and that no to out of tho
Judge ou ^ h . immeiiia ' . ely before him . If the topics introduced were calculated to prejudice tho individual to be brought before the court , it appeared ii : c ; n < istent with the ruht coni ' . uc * . of a Judge Give lvm leave to ask whether tlurewereno Chartists to b ^> tried before tho Lord Chief Baron—( che-rs )? Was it not notorious there were many Chartists included in the calendar , and had it not been ; tho argument , of the Attorney Genera ) , as showing that these parties were not driven to their misguided r > n ; iuct by any waut , that the majority had been engaged in a political outbreak , that iheir wants had I jeu ministered to out of funds provided by thesa-called Chartists ; and , in fact , that many were Chartists ? If this were to
what n # Rt hart a Judge , xhting upon the bench , 10 pr judico these individuals— ( chfer *)? Allusion hud been made t y the Attorney-General to the couduct of the Crown . He ( Mr . Sergeant Murphy ) udmitted that the conduct- of the Crown had been mostilenienc . Ho was happy to eeo that the lato Goveri ) m < . iK had bn-n lenient in th ° > r prosecutions ; h « was equally happy to find that ihe present Gjv . rnuie . iu had , in this leniency , imitated the conduct ot their predtci'ssor . s . As allusion had been made to the prosecution of Fro » t , he raus-i a * -k what was the state of » hc country during the trials at Monnvuth ? The attacks there were not confined to the buildings ; there was a regular conflict between ihe troops and the people , and there was the
act of treason ip levying war . Did the Lord Chief Justice , in addressing the Grand Jury of Mynmontb , say that this assemblage was a part of that class of people who had ma . de up t . ieir minds to carry their political objects by putting the army at dtfbnce , and collecting an army of their own I He did no ? uch thing . He explained to the Grand Jury the law of High Treason , from the time of Edtvard III . down to the present , day , and tha * . when the conduct of the different parties was brought bef ore th ^ ui , it would be their duty to give their decision , not on auy extrinsic circumstances which were not ia his charge , but from the law as he had unfolded it to them . And what had been tho conduct of the . same Learned Lord at Stafford ? He declared . " we know no it to be
Chartists here —( cheers ) . S- > ou ^ ht in every court of justice . The principle of the law was that U had no respect , of persons : the principle , of the Judges had ever been , that th- y laid down their politics on the threshold of the temple of justice , and never stepped over it—( loud cheers ) . Taut was tho reason why the people abhorred political Judges—( cheers . ) Thu was the reasonjwhy the high character of the judicial peat had been preserved from a political character , with great advantage to the administration of tho law . They had naver brought the weight of this hi # h judicial character , in order to etimulate the feelings of grand juries , already sufficiently opposed to the mistaken notions of men of higher standing than the Chartists , men who , if mistaken , bore the name of Radicals . All his Hon . Friend , the
member for Finsbury , said , way that enquiries should be made ; if they were prepared with the Learned Gentleman , the Attorney- General , to give the negative to tho charge made against the Noble and Learned Lord , they would consent to tho motion , which would in that case , end in that which he ( VIr . Sergeant Murphy ) -would greatly rejoice , the acquittal of Lord Abinger , and prove that ne was no exception to the chara / aer he had ascribed to the j idges of the land ; but if , on the 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 , the membevfor Finsbury , had flown at such high game , and that he would let my Lord Abiuger know that dignity , however great , or talent , however exalted , must not trench upon the principles of justice—( loud cheers . )
Mr . James Stuart Woutley said , that the opinion of Mr ; Soj-ant Murphy , if deliberately formed , might have led him to suspeet his owu judgment ; but he was greatly relieved , aa well as surprised , to find that the Learned Gentleman had joined in this atjtack on Lord Abinger , without even having read the document upon which the attack was grounded . He argued , from constitutional hi .-t ^ ry , that a general s ricture on the state of poi . tica , ! affafrs ^ vas a fitting and a recognised toi ie in the addresses of Judges to Grand Juries lie quoted the arguments used in the case of Baron Smith , and showed them to be conclusive for refusing tin present inquiry . Lord Chief Justice Tindal , whose charges and whose whole character
had been so deservedly applauded , had delivered , after the riots at Bristol , a charge , entering into the general question of thr . duties and rights of soldiers ae citizens . Serjeant Murphy blamed Lord Abinger for adverting to Chartism . Why , was not this a Chartist insurrection 1 It would have been blameable to talk ab <> ut' pariy' politics ; but the politics of Charasm constituted the very jnbject which Lord Abinger had before him . He ( Mr . Wortley ) then went through those passages of the charges which had been principally impeached , and defended their general tenour , showing Lord Abinger
to have committed no such absurdity as that of sayisg that every assembly of 2 , 000 or 3 , 000 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 country , j defended Lord Abinger's sentences from the imputation of severity , and took eredit for the course adopted by the Government throughout the prosecutions . He bore testimony to the general k indness of Lord Abinger ' s nature , and deprecated a proceeding like the present as a precedent fatal to thi > independence of the Judges .
Mv . ' . W allace said , tho Hon . and learned Member who bvwi just saS down had r « eived the most singular example he ever saw in that house of the indulgence it always ! showed to new members . ( " Oh 1 " and laui ; Vter . ) 'As an old member oi the house , who had had a , seat there for ten or eleven years , it appeareu jo aim ( Mr . Wallace ) that the hoc . Member
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had totally forgotten , t \ o& tbey bad discus-ad th * distresses of the country for five oonwcSSI niffi last week , and that ; he ( Mr . Wallace ) had a £ , 5 motioa on the distress of the country yet to wL on ; for the Hon . Member had gone oVeSt ^ of the ground of the speeches which had beekvSi were to be made on the subject —( laughter ) wit ? regard to the charges made by Lord Abinger whik * on the Special Commission , he had seen it his rinS to purchase the book of the Noble and LearnedIIW and not to tru 3 t to reports of newspapers at all w to tru 3 t to th •; Learned Lord ' s own shilliae ' s wn ^ E ( Criesurf Oh !» and » Pooh" ) « Oh , " an $ " P 0 ? fc - ( laughter ) . They were good words to come iL gether- ( a laugh ) . He had read this pamphlet w ££ the very greatest care , and the conclusion which ht had arrived at was the same which he had arrived at on reading the London and provincial papers Wifh regard to a Special Commission , he ( Mr . WaUa « X considered it a very awful thing in the country Tfm Judge sent down was bound to purge his mind from not
every ieeiing that ot duty , otherwise he did not properly fulfil the office of a Judge ( hear , hear ) "HP-it hear ! " He ( Mr . Wallace ) said so too ( laughter ) . TW was a wide distinction in the Judges ok the Bench of England , which he hoped never to have seen It reminded him , with sorrow , of the scenes he had witnessed in his own country , and which had da . graded the bench in former times . He could not forget in his younger days , in 17 ^ 3 and ] 7 oi how the Judges in this country had condemned to condign punishment and even to ( WiT men who \ yere never tried , except by packed jut iJa and prejudiced men . They were condemned befora ever they entered the court . That was strong ian . guage , andhe was prepared to prove it . The Hoil Gentleman who last gat 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—( cries of " Oh ! oh i" \ at
did not believe it would . ( " Ha I ha ! " aad-ioud laughter ) . Ho did not know before that tbe editor was a lawyer ; but let him cut his pen well for next Saturday —( laughter ) . It appeared to him , on reading this book , that the Noble and Learned Lord was well crammed as to the manner ia which ha was to deal with the Chartists , of whom he ( Mr Wallace ) was not one . He told the Grand Jury jj Lancaster he was going to give them a little bit relating to the Chartists and the Charter , in case anything of the kind should come amongst them at any future time . If , any Judge vme to say so'to ' a Scottish jury , the foreman would bo 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 Judgo who would say to him as a juryman , he would pull him up—( loud laughter ) —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 m > re of his information , that they knew their duty . That Noble and Learned Lord seemed to Mm to have proceeded on his mission for the purpose of showing that there wore two descriptions of persons only in , England who were entitled to the protection of the la w , and these were the holders of property aud 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
worthy to be admitted to choose their own representatives to that House , nothing but revolmioa would be the consequence . Now , ho asked that House , had these people no property ' . —had they not their ten fingers 1 ( Ltud laughter ; " Yes , aad their ten toes too . ") What was the value of their estates without these people and their fingera ! ( " Toes , " and laughter . ) And whero would be their trenching and ploughing t ( " Oh , oh ! " and roara of laughter . ) " Oh ! " Yes . ( " Oh , oh ! " and continued laughter . ) He was speaking of the property of the working classes ; they were those who had been refused any inquiry into their petitions ; they were those who had been oporessed , aad grievously oppressed , by the Lsarned
Judge ; and they were those who must now suffer for mouths to come without knowing whether thore was to be any amelioration of their condition in commercial or financial affairs , according to the statement of the Right Hon . Baronet on the Treasury Bench . He had hoped he never should live to seethe day when similar conduct to that of the Scottish Judges , to w . iich he had a ! iuded , would bo known in Eaglaud . He would justread the charges of one of the Scottish Judges made at the time to which he was alluding . ( " Qaestion . " ) The different oharges 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 same condition that he ( Mr . Wallace ) had proposed that the Scotch Judges should retire^—with his full and entire salary , and all other allowances . If it were true that Lord Chief Justice Tindal had pursued a course entirely different to ihe Noble and L-arned Baron , with tho complete approbation of the whole press of England , Ireland , and Scotland , he would ask again , how was it possible that Lord AWcgtr could not be wvoat ; \ He wo \ il 4 read to the House the summing up of Lord Justice Clark on one of the Scottish trials to which he had
alluded : — " The question tor consideration is , 13 tne panel guilty of sedition , or is he not ? Before this question be answered , two things require noting ; the first is this , that the British constitution is the test that ever was since the creation of the world . " --( Laughter ) . " That is the first thing ; " and the Learned Judge then advanced this rasher stronger assertion— " aud the sccoad is , that it is not possible to make it better—( continued laughter);—for is no 5 every man secure , is not every man reaping the fruits of his own industry , and sitting safely under the shade of his own fig-tr .. *} He ( Mr . Wallace ) thought it was exceedingly difficult to say that every man had his rights in this country . The person on trial was named Muir , and tae have known
judge went on to say , " Mr . Muir mitfht that no attention would be paid to such a rabble . What right had they to representation V fnat was exactly what Lord Abinger said . " He could have told them that the Parliament would ucver listen to their petitions . " He would not even permit them to be heard in the House . That was the case now . The petitions of the people were jimmed in a bag on the table of the House , and their petitions were never heard . The Attorney-General had said it wM remarkable that none of the prison rs sentenced oy Lord Abinger had petitioned for redress , or for tne amelioration of their sentences . Would any man tell him that a prisoner with the treadmill oeaae him would put his hand to such a petition ? ho man durst do it . It would be heard of in that House .
the names would be sought out by a committee , ana the prisoners would be punished . Why , it e ™ appeared that at Knutsford the Other day , on a party of ladies and gentlemen visiting the prison , a number ot" prisoners were set to work on the treadmill for their amusement . He ( Mr . Wallace ) had attended a meeting of 100 , 000 persons not lout ! ago to express their feelings on the state of the country , and he wished to God there was another to-merraw , and that Hon . Members might be present to hear what he had to say . ( Laughter . ) The P ° P ' , ?' that meeting had come to a resolution that tneisoow Lord must totally have forgotten what sort of meetings they were during the time that the Reform om was in agitation . The Right Hon . the Hcme isecretary would remember that there were plenty ot snea meetings . ( Laughter . ) He ( Mr . Wallace ) remembered oue large meeting , too , which he and tne HomeS . creta . ry attended together —( Laughter ana 14 Qiestion" )—and one of the occurrencesi wnion had happened was this—there was a little bit oi » row in the Court houso—( hughter . ) There * a * " - ( loud laughter . ) But the flight Hon . <* f ?~ r took no part in it for or against . It was all agaiuau the Tories ; therefore neither the Right Eon . wnu ^ man nor he ( Mr . Wallace ) took any part m i «
( Jau ^ lner ) They then , the freeholders tor *« county , agreed who should be tha member , no v knew better than the Right Hou . Member oppose how they haa sealed it and who was to be memoer . Tney settled k o ? er the claret au : champagner ( laushter . ) He ( Mr . Wallace ) never was « W «*™ those days , but h « did all he could to ? hove otnew in . In the course of the evening there was a ^ coib ^ dorablebit of a row got up ( laughter ) and tnc > to the windows of th-i dining room to gee ffl »» was , and it was the sheriff of the county , " the greatest man thsy had there , upon the hoXbBr private dragoon and ten or twelve aft" hiffi , tou >» to see " where was the row ; " and no , ia " ' : . more heartily than the Ri * ht Hon . G-nt ! e »* ^ site to see the figure he cut . Tfiis was at W" « What did Judge Clarke next say I ^ !) n » and right has he to representation 2—i" ^ o , to , loud iau-hter . ) Th ^ y might depend upon it ne « going to read it . " Tne landed interest alone Ms - ; ., i , r «« K-v » r . Mcflnr « l » Vftrv well- ( loud laugn
, ter . ) He went on- ( Loud cries of" Oh , on I ) » t Mr . Wallace ) e ^ neeivud that taib question wasone «» ( Concluded in our Fourth page . )
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• And after that on the 1 st Monday in April .
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OCONNOR , Esq . of Hammersmith , ^ "t Middlesex , by JOSHUA HOBSON . at his Printing Offwes , Nos . 12 and 13 , Market-8 treet , BriggaWJ and Published by the said Joshua Hobson , ( for the said Feargds O'Cossor . ) at bis Dwelling-house , No . 5 , Market-street , Briggata ; « internal Communication existing between the saw No . 5 , Market-street , and the said Nos . 12 9 ** 13 , Maiket-aUeeS , Briggate , thas constituting J » whole of the said Printing and Publishing Q $ je one Premises . All Communications must be addressed , Post-paid , to Mr . HOBSON , Northern Star Office , Leeds . ( Saturday , February 25 , 1843 . '
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3 THE NORTHERN STAR ,
Leeds :-Printed 'Or The Proprietor Feaboffs
Leeds :-Printed 'or the Proprietor FEABOffS
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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-ncseproduct470/page/8/
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