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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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MR . DTJUCOMBE'S MOTION , CContinued from our Sixth Page . ) them sD to the Xonghboron&h polieo stafion tot safety and in tbe middle of the night called them ont of bed , ana took them before Ba-wsril Ita-WBOn , Esq ., -who iraa waiting at the Governort bouse . He » 6 ied the saperintendentif he 8 &-w them "begging ? He said , * 2 » o , bat Ihey itbe prisoners ) Lad said they-were begging . ' His worship said , * That -would do / and asked their names . TTten J- 2 &ee told iim las UNSe , the "Worthy Magistrate ^ reply was , Oh , I * hall send you for three months to hard labour , and r am very Borry 1 cannot gend you lor longer . * Andisyonr name Green ? to snogs * . The answer being Yes . * * Then yon jnay go . * ^ Without any reason -whatever bein * expressed , the otbera -were sent for one month each i and 'when
they arrived ax Leicester prisen , the Governor qne » - tioned them . He told thsm 'it "was a very mean case , for I believe yon are innocent ^ ' and the chaplain questioned them Tery closely , and said , * I . believe yon are innocent , T > ecstise you are all in one mind , and one tale ; bat God was visiting them for some of their former sins . ' Kow , Sir , the f&cts of the case are these ;—There is a monastery about a mile from Sheepsbe&d , -where sonp is given * -sray eTeiy day to all tbe }> OOT that go ; and they were in the Bonp-roona , and Father Edwards told them to -wait a minute or -two , and he would ¦ bring them something to eat ; and before they had time to bring them any , the police force entered and dragged them away . Before the police reached ttua Hospitable bonding , they met xxro men on business ,
whom thsy saa ^ a , and asked the inmates' -whether these two men had not been tfesre begging , and they said , ' No . ' What , not a little water ? ' And the reply was again * 2 io , ' but the police themselves then had ihe daring impudence to beg some pears , which they sswv ! Eiey then as&ed -whetfcer the oottagerB hag seen many persons go up to tie monastery ; and they said , there "were persons continually going -up , so ihey could not tell "who went' All this was done without the knowledge of the inmates of the monastery ; and Father Eowsr&s Bays that he -will give his oath they never asiediar anything . * ' He had always ucd « rstoo < a "that it -was a privilege of the poor to go and obtain soup , ot other charitable donations , from an institution like the nresent , withoat their being interfered with . Was
it not monstrous , then , that men under sucb circum-BjaBces should be committed for three months , or one month , at tbe discretion of a magistrate , merely because iheyTPere known to be Chartists ? He then came to a csse of a most dissrasefnl character which had occurred tx Manchester , he mtant that of the B « v . J . Scholefield who had been kept seven days fa prison without any charge being made against him . Tee fact of the Rev . MtScholeSeld bdsifarrested in the manner in which he -was and the treatment which he was exposed io , TEfiocted the greatest disgrace on the magistrates -who treated a most respectable dissenting minister in this way . This gentleman was arrested at six o ' clock in the morning , on tbe-SOih of August , with his son , a lad about sixteen years of age , and he described the
treatment which he then met -with in a letter which he had addressed to him < Mr - Dancombe ) . He said : — "On Friday , the 3 t& of September , 18 £ 2 , as soon as the set rant opened the gates to my house , % little before sis a K-, three of our police constables , Messrs . Beswick , Irsrin , and ^ rreen , came into" my house and sent the servant up stairs to say that 1 wis wanted SmTTi « iW « + iay i came down , hall dressed , to know thB pDrport ol their « arty -risit . Mx Besrwict said , * I hive a warrant against you . ' I said . ' Tery well ; -I will dress and come down again directly . 2 returned and said , * What Is the catare of your warrant ? ' He read the substance of it , being for riot , conspiracy ,-ftc * 3 said , Very well , I am your pri soner . * 1 was giving instructions to siy son . s youth
in Ijis twentieth year , ss to what he most da * Tea , says Ml Berwick , * but I have a warrant against his also , ior publishing a seditions placard . * I asked hin if he had'any more ? He said , No ; bnt befojeJ gt 1 must look over yonr papers , letters , drawers , AC j said , 'Yery well ; ' and ordered my daughter to opei any place he might wish . He accordingly commeseec his search j-withont legal authority , as I have Eina learned } . He emptied o :-e drawer of the whole of it contents ; very diligently examined the surgery ; then iato my private room , where was opened fir him m ; secretaire , portable writing-desk , drawers , ice . He w& . very carious in prying into things that could not reall concern him , sacbaa my deeds , banking book , Jec ] laid to him , Sorely there i * no treason there . ' Then
to the drawers and work-boxes of my daughters , in th < Htting room and bed-room , and into all the rooms in thi house . Thsy took a large parcel amy with them , anc which 2 have net as yet got back ; but it is reiaarkabl that sot one document was proceed , either in Man Chester or Tj ^ crurteT , against me . We were takeB in 1 coichto the police-office ; after a whilew « eBentfa by Sir Charles Shaw , chief commissioner of police whose term expired that very day , and be told us b go to Ihe Borough Court , and ordered an efficer t follow at a respectful distance . Then we found man ; others . We were not there long before we were sen from -f ti ° T ""» to the Sew Bailey , the County Court , and until it opened , we -were , -with , about a dozen others crammed tip in a small cell aboKt three yards wide an <
six or-eight yards long , with a disgusting and offenmi plage zi one end sufficient to make any one ski , Abou : one-e ^ dock we appeared in court before Mr . Maude , tin stipendiary magistrate ; and Me . -Gregory , not hsvSni anj charge against « s ready fora hearing , we were remaaded until the Tuesday following , I offered bail foi myself and son ' s appearance ; bst so , my ease was sc serioBS that nothing but my person could be taken ; aj a fsTonr my son was ont on bail 1 was thus at ooce cut off from aQ my professional and important duties , pecsmary transactions , && , and my own son could -nol saeme without a magistrate ' s order . Tuesday cams , and after tbs exaxninatioaa zoy son fras to find bail in £ 230 ftiTTWlf , and two other * of £ 3 S > 9 each , and inyseK' in £ 806 , and two sureties of £ 400 each , -with forty-eight
hours * notice . My bail was tendered then , bnt refused , at tbe expiration of feity-eight hoars again offered &i the Borough Court , before Mx . Maude . He -was absnt to receive it , btrt ona of the poHoe oficers put him a lip of paper on ths bench , sad he then said they must noie forther inquiry . On iMa they ( the bail ) went to Sir Thomas Potter and told him their case . He said he wooH take the word of any of them for £ 1 , 008 . and promised to meet them at New Bailey at five O ' clock , ' and well have him oat , jon ihaD Bee . ' Toe tree came , audit was done . Thus was I at liberty again , after a week's imprisonment ; and since , at Ia-castet , a complete acquittal , and my son sot p « aecute 4 at all ! The expense , inconvenience , and annoyance has been great- " The
police-Bien then - took the papers of this gentleman away , &od had sever returned them to the R ^ V . Mr . Scholefifild , although lie had repeatedly applied for them , and not one of these documents had been used en tie trial by the Attorney-General which had been so illegally taken -from Mr . Scholefield . Tbe result of the trial was , aswas to be expected , that the Bev . Mr . S&oteneld -sss honourably acquitted . "Thus , then , this gentlem&n was remanded to the New Bailey pri-* os , fronulsy to day , for the purpose of seeing whether this superintendent of police ( Berwick } coold not sneceed _ in getting up some feasible charge before tae magistrates . The next petition to whieh he should caDthe attention of the house was that of George "White , news-agent , » f Bromsgrove-Btreet , Birmingham , who complained spangly of having been committed to gaol on ttia evidence of hired and acknowledged Bpies . Now , if anything could be more disgraceful to a
Government , or a magistracy , it was the empJoyment ef spies . { Heir , heat ) He did not believe * bat the Bight HononraWe Baronet , &e Secretary of State for ¦ Sis ^ ome Departoect was at all cogn- ' zint of , or a psrty to , the employment of spies on this occasion , because he oid not believe that he could have anything tofio with mch a proceeding . With respect to what CM occurred to Gtorge White , against whom there t * m nothing bnt police evidence adduced , Tjrhen he ^ ras tsieabetee-aje magwtrate , fte first TTitoess prodneed aSSmst him wm police Sergeant Daly . On his being o ?*» -eEa = uned , thiswitnessaid that he was acquainted a £ 0 *** ** tt 16113 ^ of Brown and the petitioner , ana o » t ^ ^^ accnstoniBd to walk about with them . Tfiat n& ahrayi did M in coloared clothes , and that he « a art think that they knew that he was in the *"" »• -U 6 WM askrf whether is -was instructed by *^ ooe toio jjfi , &nfl ^ jenlied bv bis superior
offi-^ . w - i&Oi farther asked irhether he had Tfay ** jny oruea to insinuate himself into the confl-« w « r TOiito attid the other perwa , hit answer was by Mi . Griffith , themagistrafce , who said « W thB witn ^ a T . ra , Bot j ^^ ^ answer the £ ¦*** ° n White express ^ a strong wish to ask ^ i wf 1 ^' Spooner , anoJh » of-the magistrates , faiw bsd anght to P nt the qnestion , bnt it was mTn ^ 6 hQn of the "witness toanswer it or D 9 t On rrljr 511 ? *« = g again put , tbe witness declined r ^ fifS it Could there be the least doubt , aft er aSft , r £ ^^ Py system was practised and sanctioned << imag-i Q& late-Dfaejwrii-r . rT . >« , ?• ¦ ho u-i « -w ^^; v ; o . « f
^^ am ? George WMte , in bis petition , stoted-AW . M P 6 ^ 01361 » as arrestei on the 26 th day of f ^ rarciBst , upon a charge of aediiion , and was brought E ^ rLfJ * * Spooner , Beale , Moorsome , and other ^ i « rft * 8 , then assembled in the puWic office at Bir-™ = s&h ^ and was committed to Warwick county gaoi ^ ofiejiden cecf hired and acknowledg ed spies , and jv ~ " aotorionsly bad character , to take his trial at i ^ rSrr * * 8 lion 8- That your peeticmer tbereupon ^^ forJeave to put in baU , which -was agreed to by Zl ^^ sates , who demanded . six sureties in £ 100 |^ aadfcnnself m £ 600 , wilh forty-eight hours £ dbL 7 onr Petiftoner haa good and suffiident iS * ? 14 fa Conrt » " "«» wdl fc * 0 * 11 to *• 2 ? **** magistrates . That Biehard Spooner , JT *» «» of har Myestya justices of the peace , ^^^ Tonrpetjaonerin open Court , * That he could "CKpt any nerBon . hoMini piTni 1 » TwiliHp * . ! wrinri . of
^^ j ^ T ^ Jiosa your petitioner , as ban on Mb ks ^ Tww 0 TP ie < - DancomDe ) should like to P ^ amsT *^ " ' * p f raon ^ tte Mtoation ot tfce tifa ~ ™~*> eatertaining tte opinions which he ^ r ^ -wu ljieiy to get either a Tory , or a j ^* ' or a m » mber of" the Anti-Corn law S - ^ * forward and oner baa for tbe peti-^ Tr . ¦ W 4 it dMso happen that Mr . George WMte a- *? " wpiodnce , who were not men who entertained r ^ T ^ political opinions . On his offering these £ r £ *> " *» Tas told that he must give notice of bail , Wh v ptuio 2 *? ' complained strongly of tie treatment gvT ^^ Experienced in gaol , which he stated was " * - ttai of a common felon , and he ( SI * . Dnnoombe )
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bad no doubt that if the House would give him a committee , that he should be folly abl » to prove this . All kinds of intimidation was practised by tbe police toward * those who signified t&eir Willingness to become bail tor the petitioner . In one instance one of the authorities of the town went to a most respectable man , who happened to be a licensed victualler , and who had offered to become bail for the petitioner , and said to him , ** Your licence will be In danger on the next licensing day if yon become bail for George White . ' In consequence of these proceedings , notwithstanding gooi bail was effkred for the liberation of the petitioner , he " was confined in solitude and cold for the space of eleven -weeks , riming which time your petitioner ' s " rife jgave birth to a child , and was thereby
incapacitated from attending to your petitioner ' s cosiness , thereby subjecting him to serious loss , independent of the agony of mind which be had to . endure . " The whole af his papers , the petitioner stated , were taken from him , and when , on his bail being at length per * fected , he applied for his letters and papers to be given to him , in order to that be might prepare Ms defsnee , they , as well as hia other property that had been taken , were detained by order of the Rev . J . Boudier , one of the visiting m&gUtrates of Warwick County Gaol . He ( Mr . Buncombe ); was utterly at a loss to understand by trhat authority this revereaed magistrate had kept back from the nnfortunate prisoner tbe letters and papers wMch were necessary for him in the preparation of his coming defence—ihear . 1
bear , hear ) . Mr . White went on to state—' Your petitioner has since applied to the magistrates of Birmingham to have his property restored . They expressed a wish that it should be delivered up , and wrote to the visiting magistrates of Warwick to that effect . That your petitioner was referred to Sir James Graham , and vrr *» ve to him on the subject , requesting that his property might be restored , or a sufficient reason given for its detention ; and that her Majesty ' s Secretary for the Eome Department refused to give it ap , or Btate the grounds oa which he withheld it" Now Mr . White was a working man with a family depending upon his exertions , yet in this manner bad he , for a period , of manj v ? dei »—months , indeed—been prevented from attending to that business by which he had maintained himself and those who dear to oimseu tnose fvno dear to
were so himj cunea ana were so mm—! ihear , hear , hear ) . Then there was the < ase of Mr . I Robert Brook , sehooleaaster , which had alBO been j printed with , the votes that morning . This petitioner j complained " That yonr petitioner -was arrested at bis ! ova house , Back Brook-street , Todmorden , on the 5 th 1 of September last , npon a charge of sedition , eon-; spiracy , and riot , &c , and was brought before John ' Crossl 6 y , E » q ., <* t Se&itcliffa , Todmorden , and James j Taylor , Eeq , Todmorden Hall , when yonr petitioner ; -was grossly insulted by the said John Crosatey . Esq .,
, and amongst tire Vsajgviags -Qsei vr&a VQS lOiWVflBg : — ' 1 j have got \ ou at last , and I am glad * f it , and I -will . take care to punish you ; you have given me a deal of \ troubie with writing to that rascally Northern Star . . That your petitioner was required to find bail in the sum . of—himself two hundred pounds , and two sureties one ' huadred peunds each ; and when two persons of good i and . unblemished character , and both men of property , ; and both county voters in tbe West Riding of York-\ sbiie , presented themselves as bail , the said John Cross-, ley . Esq ., told them , * b . e would not take their bail i because they were Chartists , and laid he would not
| take a Chartist aa a bondsman , for lie was determined ) to put down the Chartists in Todmordea , ' and the coni stable was ordered to take me away , tint through the j interference of the solicitor sent down to loek into the ] ca * e , your petitioner was recalled , and the atme indivij duals taken as bondsmen . Tour petitioner was again j arrested and brought before the Magistrates at Man * ch&ster , whose names your petitioner does not know , and reqnesied to find otter bail to the amount of— himself in £ 400 , and two sureties of , £ 200 each , but sot being able to do so , your petitioner was sent to Sirk' dale , along with many more in the same situation . ¦ Your petitioner was eventually brought up at Liver-\ pool , before Lord AVmgei , to take his trial , when the first ease was given up , and your petitioner traversed
' the other , and bad to find bail , himself in £ 200 , and two sureties of £ 50 each . Yoor petitioner complains that he was kept in prison , on account of such exces-; sive bail being required , nntil the trials came on 1 at Liverpool , when tbe Jndge ( Lord Abinger ) reduced his bail as follows : —from himself £ 600 and sureties to the amount « f £ 600 , to himself . £ 200 ana sureties to tbe amount of £ 100 . Yonr petitioner , therefore , prays that ' your honourable House will be pleased to institute an . immediate inquiry into your petitioner * * case . " And I well he might pray for an ii > quiry into the case . It j was perfectly clear to him ( Mr . Duncombfc } , that there ' i had been a regular conspiracy on the part of . the magisi tnies throughout this part of the country on this
oo-1 canon—( hear . ho&r ) . He was borne out in this asser-! tion by the disgraceful conduct of two magistrates of Staffordshire , in the case of Arthur George I O'Neil , whose proffered bsll were refused by these two I gentlemen for precisely the same reasons . When Mr . ! O' ^ eil was brought before these magistrates , two good i and sufficifcnt bail presented themselves—men perfectly ; solvent , and in respaetable circumstances , town-c-jun-; cillers ef Birmingham , for which office they must pos' sess a qualification of £ 1 , 000 over and above what j would pay sheir debts . On these gentlemen presenting j themselves , the magistrates , Mr . Badger and the Rev .
! Mr . Cartwright , asked one of them -whether he had I not taten the chair st a Chartist meeting some six | months before ; and the other &sfced , whether be bad j sot signed tfee requisition calling that meeting . On their answering in the affirmative , the magistrates said I at once they would not accept ths bail of peiaons i holding such opinions , and Mr . O'Neil was accordingly ' , committed to prison , where be remained a considerable ; tima Mr . O' 2 f eil ' s cue was taken up by a benevolent | inoividn&l , and a criminal information was filed against j-Messrs . Badger and Cartwrighi . who , he ( Mr . I > an-; combe ) believed , were defended on that occasion by : the honourable and learned Solicitor-GeneraL And
; what was the justification they set up * They ) admitted tbe whole facts as stated by Mr . O'Neill and ! they justified on the groand that tbe sureties prof erred j were Chartists . One other v&ty extraordinary reason ! which was given was a conversation which was stated [ to have taken place between Mr . O'Neill and one ol the j -constables who took him to prison , or rather a conver' sation between tbe constable and a person of the nasie i of Lancefieid , who addressed him while Mr . O'Neill was ; irith him ,- for all that It would seem Mr . O'Neill did j was , " while eating a pork pie , " as the opponent stated ¦ ^ a laugh ) , to cry , " bear , hear i" to some remark one j ofthe other parties made with reference to tbe Chartists ! giving the magistrates a good deal of trouble . It Hon .
Members of that House , whose custom it was to cry *• bear , bear , '" to sentiments xmpleasing to the ears of Tory magistrates , -were to find themselves brought up I before Messrs . Cart-wright and Badger , and have their ) proffered bail refused , because they and their bail difi fered with the worthy justices in political opinions , ! they wonld find how very inconvenient such a principle I of administering the law -was , though their case wonld ' be tar lighter toaa that of men not bo well able to help ' themselves , as waa me case with the various petitioners > to tbe House on this occasion —\ bear , and laughter . ) ) What a justification was this of Messrs . Cartwrlgbt and i Badger f—( Hear , bear . ) Had be not seen tbe fact sworn j to , and well attested in the proceedings of a court of ! jnstice , be could not have believed such a statement in ! reference to gentlemen , named aa , and calling
them-: selves , administrators of tbe laws—( hear , bear , bear , ) ' Another justification put forward by these individuals i was , that tbe Lord Lieutenant , and the Magistrates I generally of Staffordshire and Worcestershire , when I these disturbances in Staflbrdaaire began , met together I and agreed tbat any personi holding a particular dei scription of political opinions , should not be received aa bail in any case which might be brought before them—; < bear , hear . ) Now , here was a direct conspiracy on | tbe part of the Lord lieutenant and Magistrates gene-: raliy of tbesecountierto infringe , to violate , that which ' had always been held to be the clear liberty , to be i one of tbe most sacred rights ot the subject , that of 1 giving bail—( bear , bear ) . And » hat was the opinion ,
upon this matter , of Lord Penman ? What -was tbe judgment of tbe Conri on that occasion ? Lord Danisan said , " The law is clear , and is as old as tbe statute of Westminster , 13 Edw . I , c IB- Lord Coke in bis commeatary npon that statute IS Just 191 ) « ay » , that to deny a man plevin , wbo is pleviB&Me , and thereby to dotain him in prison , is a great offence and grievously to be punished —{ bear , bear ); and Lord Hale ( a 17 J adopts the same remark ; and Hawkins [ Book 2 , & 15 ) speaks of a refusal of ball , as an indictable offence . Blsckstone , referring to the ancient st&tate , { Book 4 , s . 22 ) tbe Habeas Corpns , and tbe Bill of Eights , calls it an offence against tbe liberty of the subject" —ihear , hear . } Lord Denman farther on told tbe magistrates of Staffordshire : "Almost the first page of their most
ordinary text bosks , would have convinced these gentlemen thai their refusal on such a ground to receive the baU offered , was not a legitimate exercise of their office , or a proper performance of their duty as magistrates , but quite tbe contrary "—Ibeai ) . This was the opinion of the Lord Chief Justice of England with reference to the lord-lieutenant and magistrates of Staffordshire . They pleaded ignorance of the laws , forsooth , as an -excuse ; how wonld such a plea be received from a poor working man , who might far more justifiably offer H ? { Hear , bear . ) What effect wonld bis saying be did not know that what he bad done was contrary to law have upon the magistrates ? Why , none st all ; they would read him an additional lecture , and seud Mm to prison for Beversl months , there to work hard , and torn the tread-mill . ( Hear , bear . ) It was a very different thing with lord-lieutenants and magistrates of counties : let them behave ever so grossly , let them
violate the liberty of the subject in however flagrant a manner , and not the slightest notice waa taken of them . At ail events , be bad not yet heard , though be should be most delighted to hear it , that her Mojeaty had been advised to strike these magistrates from the commission of the peace . ( Hear , hear . } He trusted , however , that the Government would not fail to take into their consideration whether such persona ought any longer to be entrusted with tbe administration of the laws of this country . { Hear , bear . ) When he saw tbe lord-Hentenant and magistrates doing this sort of thing in Staffordshire , it was not to be wondered at that the same conduct should be observed in other cases which bad been brought before the House , such as those of WMta , Brook , and the xe&t There were other petitions from Messrs . Robinson , Arthur , and AUanson . He would not detain the House by going through the -R-hoTe of these petitions . They complained of a Tery great ariev-nse , and be ( Mr . Dnnoombe ) was sore that
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if honourable gentlemen would carefully read these various petitions , and inquire into the subject , they would be satisfied that there was ample ground for these complaints , and that it was essential an inqufry should be made into tbe conduct of the magistrates ; and that it was full time to provide some security that such outrages upon the liberty of tbe subject should not again occnr— ( hear , hear . ) - There was another case to which he would now call the attention of the House , and this was a petition presented some time ago , to tefeience to certain proceedings at Nottingham , and in tbe house of correction at Southwell -, and certainly he could not compliment the Honourable and Gallant Gentleman opposite , the member for South Nottinghamshire , for tbe views of justice upon which
he had conducted the administration of the law on that occasion , on the bench of the Quarter Sessions at Nottingham . What did Jonathan Brown , Harney , and the eight other petitioners complain of ? It would appear that that district , at the time of the general excitement , partook of the prevalent agitation ; but there was this marked difference in respect to what took place at Nottingham and its neighbourhood , that there was not one single act of violence committed , not a single stick or stone flourished or used , not a single pane of glass broken . On one occasion , however , some persons did collect at a place in tne neighbourhood of Nottingham , at tbe distance of two miles from that town , to the number of between 400 and 500 ; they assembled in consequence of a notice which bad been
publicly issued , that on that day several cart-loads of provisions , which bad been subscribed for among certain benevolent persons , would there be distributed to the poor . One or two parties had visited the same place two days before , and no damage whatever had been done . ; bnt , on the occasion of these poor persons going to the place to receive the promised provisions , of which they stood bo greatly in need , they were surrouuded by a body of poJice , and the whole 400 or 500 persons , without any rhyme or reason assigned , were marched off to the House of Correction , at Southwell , no Riot Act having been read , nosct of violence whatever even attempted —( hear , hear . ) When they were lodged in prison , before they were brought up for examination , they were visited by a sergeant of the 45 th
regiment , and by an officer of tbe 60 th B fl « s , by whom they were asked if they would not enli * t ; the officer saying , — "If you do , you will get plenty of meat and drink , and get out of your troubles ; if yon do not , yon have got into u terrible scrape , and you will smart for it . " This was the first time that he ( Mr . Duncombe ) had heard of a House of Correction being turned into a crimping bouse for her Majesty ' s service—( hear , bear ) . The mea , however , one and all refused , saying they bad been doing nothing wrong . Some of tbe magistrates and police-were present at the time . Having this immense number ot men in the Bouse o ! Correction , the offieerB there were puzzled to know what to do with them . They were accordingly desired to class themselves out , according to their townships .
They were then called over , one after another , and as the policemen said , " No , " or " , " toA orB and so on , A or B was sent away or kept , and of the 500 who had been arrested , » ut twenty-nine were detained . When these twenty-nine were taken before tbe magistrates , the Hon . and Gallant Gentleman opposite , when they were committed , told them in so many words that the Magistrates-were determined to make severe examples of some of them . The petitioners , in consequence of this observation ,. and of tbe undue prejudices which they not unnaturally considered they should have to contend against , when they found the Magistrate who committed them , telling them beforehand that he would make severe examples of some * of them —( hear , bear , ) applied to the Secretary of State for the Home
Department that they might be tried before an Impartial jury at the Asdzes , and not at the Quarter Sessions ; but the Right Hon . Baronet sent no answer to this application . Tbe consequence was , that these twenty-nine persons were brought before the Quarter Sessions in October . They were prosecuted on three indictments ; the trials lasted for three cays ; but although there was evidence that there -vere twenty jurymen waiting in Court , after the first four prisoners had been convicted , and although tbe remaining prisoners asked that fresh jurors should try them , this was refused them , and they were tried , the whole twenty-nine of them , upon all the three indictments , by the same jury ; the result was , tbat they were all sentenced , some to six month ' s imprisonment , some to shorter periods of confinement , when they
were once more lodged in prison , in order to undergo their sentences . The Hon . and Gallant uentleman visited them , and said , * Now , if you will express your contrition for the offences which you have committed , I will interest myself with the Secretary of State for the Home Department to obtain yeur pardna ; ' but they all declined the offer , saying , ' No , we have done nothing wrong , and we shall not , therefore , do what you propose ; but we shall take a different course as to the matter , at a future time . ' That cours « they had taken was to bring the matter before the House of Commons . Now all this might be justices ' justice ; but he very much doubted . Whether , if these men had been tried before a Judge of Assize , they would hava been found guilty upon such evidence
as was brought agaiast them . ( Hear , hear . ) At all events , there was the evidence of the first day , which no judge would have allowed to be used against them on the third day on , a separate indictment , as had been done at the quarter sessions—( hear , hear ) . He bad now done -with tbe i * w portion of the case ; and he would beg next to call the attention of the House to the gross outrages which had been committed on both the lives and liberties of the people at Halifax , Preston , and Biackburn—( hear , hear ) . At Halifax a very strong aud general feeling prevailed tbat tbe military bad been called up * n to act without the slightest necessity—( hear , hear ) . Parties were ready to eome forward and prove that tbe military , before tbey were called out at Halifax , in August last ,
were made drunk , and tbat whilst thus intoxicated , wera ordered by the magistrates to clear the streets—( hear , hear ) . Indeed , both there and at Blackburn tbe authorities , apprehending that tbe military might feel some componetion as to acting against their starving countrymen , pursued tbe course of previously exciting the soldiers by drink . Before tbey started , tbe military , it appeared , were collected together at the Noxthgate Hotel , at Halifax , and there had money given them by gentlemen of the town to spend in intoxicating liquors , and make them , as it was said , " up to tbe mark" —ihear , hear ) . Under the influence of tbe military all sorts of illegal arrest * were made ; and many ofthe persons so arrested remained in prison for several days , and were then dismissed , without being taken
before the magistrates , or having had from that time to this the remotest idea of the grounds on which they were arrested—( Hear , hear , hear ) . Preston was the only place at which there had actually been loss of life ; and there , too , it would be found on enquiry , that it was the general opinion of the inhabitants tbat the interference of the military was totally uncalled for and unnecessary . Of course the military were not to blame , for they acted entirely under the authority of the magistrates . At the time the solders fired , the people were certainly much exasperated at the conduct of the police ; bat the few stones that had been thrown were thrown principally by boys , and it was altogether to the astonishment of all well-disposed persons whe were standing in the street when
the ; saw the soldiers fire in sections upon tbe people . The consequence was , tbat a number of persons were wounded , four of whom bad died ; and be certainly thought the Government ought to satisfy themselves as to how far this loss of life was necessitated by the urgency of the case , or otherwise . —( bear , bear . ) In a letter which bad been sent him on the subject , the writer distinctly stated , that at the time the magistrates sent for the intoxicated soldiers , horse and foot , to clear the streets , and spare neither man , woman , nor child , there was not the slightest breach of tbe peace apprehended by any one but tbe authorities ; and the writer went on to remark : " If sachproceedlngS 88 these are not calculated to goad on a peaceable people to acts of violence , I do not know what is . To see
tbe Boldiera catting and bayonetting , in all directions , at peaceable and inoffensive people . Persons passing along tbe streets , no matter what business tbey were upon , were driven before the soldiers at tbe point of tbe bayonet or sabre , from one street , to another , till opportunity of escape offered ; scerea wera cut with swords , and pricked with bayonets , and some of them very severely . ' —( hear , hear . ) After the Manchester massacre , when inquiry was asked for repeatedly , bat refused , the Bight Hon . Secretary opposite declared that tbe loss of life which had taken place was utterly unauthorized by the circumstances of the occasion ; and most assuredly tbe circumstances of tbe case at Halifax muck- less authorized the employment of the military ; tbe entire mob at Halifax did nor consist of more than
409 or 500 persons , and these were chiefly boys and women . At Blackbnru there was even less reason , if possible , for the soldiers acting , and the Conduct of the magistrates there , and the conduct of the respectable and sober-minded inhabitants , bad been most discreditable—most UBJufiUa&ble , Oa 1 && August an attack having been made on Eccles ' s mill , tbe populace were fired at by persons in tbe mill , who were subsequently taken from the mill , and conveyed away in a carriage , escorted by the police and soldiery . Tbe populace followed , assailing—not the police or the military , or the authorities—but the persona in the ceach , who had fired at them , with shouts of execration . The magistrates , however , told the crowd that if tbey did not desist from ahouang , they would be fired upon . Upon this a few stones were thrown , not at tbe magistrates , or police , or soldiers , bat at the coach , and the soldiers forthwith fired . He did not blame tbe soldiers here either , for tbey were bound to
obey the magistrate ' s order ; bnt certainly the magistrates were not justified in ordering the military to fire merely because a few stones bad been thrown ; and , at all events , it would have been far more humane , when the people were pressing so new , to have threatened them only with the bayonet It farther appeared that the Boldiers here , t # o , bad been treated with ale and other intoxicating liquors , at a time when more especially they should have been kept cool and unexcited- It was also stated that the magistrates bad paraded about the streets , armed with pistplB and cutlasses , flourishing ap and down , at the head « of the soldiery ; a course peculiarly calculated to create discontent and dissatisfaction among the working clashes —{ hear , hear . ) Then there was the case of Samuel Crowtber , at Halifax , which be considered a most outrageous affair . The case was thus stated to him in the letter of a correspondent : — " In going ( on their return to the barracks } by tbe Smithy-state , the sol-
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diers passed through a . narrow' causeway , which leads to the barracks , Samuel Crowtber , a nail-maker by trade , who resides in King-atreet , when the soldiers had passed , went to look for one of his children that was out of the house—hie was within a few yards of his house when he was shot ! Feather , tbe constable , was With the soldiers or standing by at the time he fired ; there were not balf-a-dozen persons In the street at the time . Crowther was in the army ten years prior to 1816 , belonged to the Artillery , was at the battle of Waterloo and many other engagements prior to that , was then discharged with 54 . pet pay pension , in addition to which he could work at his trade b « fore the misfortune happened , but has never been able to work since ; he had 2 s par week
from the parish for six weeks , they would then relieve him no longer ; he is now obliged to live on bis pension , or be a { burthen npon some oae else ; he is fifty four years of age ; he is a married man . and has a wife and small family . " ( Hear , hear . ) The above la strictly correct ; I have it from Crowther himself , ho Bays he thinks tie shall never be able to work any more . ( Hear , hear . ) Now it was to be observed that in the particular part of the town where this poor old man lived , there had not been the slightest disturbance , and therefore the act in question appeared to be an instance of mere wanton outrage . Mt . Bingley , the reporter for the Leeds Tims , and Mr . Hall , of the Leeds Mercury , were eye-witnesses of tae circumstaucea , being within two yards of the victim at the time of tbe occurrence , and
were prepared to prove the facts as they appeared in the newspapers at tbe time . Tbat acoount in the Leeds Tivm ran thus ;— " The affair took place in Kingstreet , which is in tbe vicinity of the barracks and police-office . A small number of tbe Hussars , who had been clearing the streets , turned up the bottom of Kingstreet , and , after proceeding a few yards , were filing into a street called Nelson-street , which runs out of it At' the time that Messrs . Bingley and Hail , were approaching the top of King-atreet , an old mau , named Samuel Crowther , a nailmaker , was coming toward 8 them , apparently to go to bis own residence , which was only two or three yards distant At this period there was not the slightest disturbance in the streets , and , indeed , there were not , it iB believed ,
twenty persons In the space betwixt the top of the street and the soldiery towards tbe bottom , a distance of probably near one hundred yards . All the soldiery bad disappeared along Nelson , street , except one man who paused and looked in the direction of tbe persons above-mentioned , and then levelled his musket , and appeared to take a deliberate aim at them . Not the slightest alarm was felt by either Mr . Bingley or Mr . Hal ) , who , seeing no cause for violence , apprehended none , and regarded the action of the soldier simply as a piece of bravado , and looked at him with perfect unconcern . The soldier , however , fired , and immediately the old man staggered and reeled in the direction of bis own door , but made no outcry . Mr . Blngloy exclaimed— ' The man
ib shot ! ' or some finch expression , bat Mr . Hall , who had previously seen him in a fit , replied tbat he was only in a fit In a few moments , however , a number of women rushed out of the house , exolaimiug that the man had been shot , and on entering the house , which was crowded with women uttering loud screams , the old man was found lying on his back on a bed up stairs , with a wound In bis abdomen , his shirt was saturated with blood , and he was writhing with agony . Messrs . Bingley and Hall immediately went to procure the attendance of a surgeon . On calling afterwards , it was understood that there was but little chance of recovery . At the time the shot was fired , Mr . Bingley
and Mr . Hall wete only about n yard from the man who received it . A more deliberate piece of butchery waa never witnessed , "' The poor man was carried to the infirmary where be remained for eighteen weeks . He was now incapable of work , yet from the time of tbu outrage ap to the present moment not tbe Blightest inqairy bad been made into the the matter . No committee of tbe town ' a-people had investigated the matter . No witnesses had been examined ; nor was any thing done to elucidate the transaction . Some London newspapers referred the matter to Leeda , which might bo one teason why no inquiry took place ; but there could be no doubt or mistake about it ; for what aaid the Bradford Observer 1
That paper said : — " Murder , or What?—On Tuesday afternoon , whilst Mr . Samuel Crowther , a respectable nail-maker , and aged pensioner , wan -standing at bis own house door , in Kiug-street , watching the Lancers pass by , one of tbe advanced guard having passed him forty yards , at tbe corner of Nelaon-btreet , turned round , and shot tbe brave disciple of Wellington through tbe body . " He took that from tbe Bradford paper . There was bo doubt , then , that it was true—no doubt ; tbe House could not doabb that tbe man bad been wantonly shot—that he ha * been seriously wounded—that be was even now in a sinking state—tbat it was impossible tbat be should ever resume work . It ould not be supposed that these facts , and such facts
as these , did not mafee a profound impression on tbe minds of tbe wotktag classes . It could not fee sop . posed tbat they did not excite heart-burnings and discontent , and give rise to an opinion tbat no justice could bd obtained for tbe working classes . Tbey felt these things keenly , and tbey would continue to feel them . What mu * t be their feelings , he put It to tbe House , with regard to Crowther ? Let them test the feelings of tbe working classes by their own . What happened in this town only a short time ago , when an amiable and confiding gentleman was shot in the streets , the victim of assassination ? The whole town was thrown ; into confusion , and tbe people called aloud for the blood of tbe maniac . —He was confident that more doubts still would be thrown : by the public on the
administration of justice , that the wording classes would feel still more mistrust ; if the events of Halifax wbioh he bad brought before the House were not strictly investigated , and were sot the whole transaction rigidly inquired into . The House would neglect its duty if it did not bring the offenders in this case Io justice . He hoped thsA the House -would concede tbe inquiry demanded , and so lessen the strong feeling which now prevailed amongst the working classes tbat no justice could ever be obtained § by working men . They said that there was one law for tbe rich and another for tbe poor , and if tbe House wished to disabuse their minds of this impression it would grant the committee be jwtted for . Tbe petitions be bad presented were not , indeed , public
petitionsthey went tbe petitions of individuals ; but tbey were members , and not unimportant onea , of the body politic They bad a claim to consideration if wronged —tbey bad a right to demand redress when aggrieved ; and these individuals looked with anxiety to tbe decision of the House on this night ; and on this occasion he would go farther and say that , amidst all tbe hardship and privations to which , unfortunately , tbe working classes had been subjected during tbe last six months , they bad looked forward with hope—indeed , he might say ! that it was their only h « pe—tbat they should obtain justice from the legislature—that a day of retribution would come , that inquiries would be
made into their grievances , and that their wrongb would be considered and redressed . He would say , in conclusion , tbat be believed he bad made out his case ; and if the House believed he had , it was the duty of Members , as honest men and as wise legislators , not to withhold the investigation demanded . Ho thanked the House for its indulgence ; he thanked the Right Hon . Baronet ( Sir James Graham ) and the Hon . and Learned Attorney-Guneral for the attention tbey had paid to bis statement . It bad been necessarily long ; it bad been , be was afraid , wearying ^ and painful ; and , with these acknowledgments , he would conclude by making hie motion . ;
General Johnson seconded the motion . The Hon . Member complained of the excessive bail which was demanded in these cases , particularly at Dudley ; and the excess was proved by the circumstances that the Lord Chief Baron had redHoed the bail to one * third . In his opinion the demand for excessive bail was contrary to all justice . Was that the way , he would ask , to pat down Chartism 1 He remembered that a late Attorney-General , now a Noble Lord , after a petition had been presented to this House , signed by 1 , 500 , 000 persons , by Mr . Atiwood , had boasted , in a speech at Edinburgh , that he had pat dorra Chartism , But was that done by making the masaes discontented f He believed that the only way to put down Chartism waa to give the people their rights , and do them justice ; and that there
was no other way to put it down . Ha thought it was impossible for the House to refuse the inqairy . Tftere was no other alternative , except the Ministers of the Crown chose to dismiss all the magistrates . Either they must grant the inquiry , or they must dismiss all the magistrates involved in the transactions . It was most unjust and improper in them to refuse bail to men on account of their political opinions , or to make them find excessive bail . Yet this was what the magistrates had done . From working men they had demanded so large . a sum as £ 680 , and to produce six sureties . If they were not disouBBed there : must be an inquiry , and he had great pleasure in seconding the motion of his honourable friend . The motion was then put from thd . chair .
The atxornky-Genehai wouJd state to the House why it must not grant fcha Honourable Gentleman ' s motion for a committee , why it never granted such committees , and be would state reasons why the HouBe should not vote with the Honourable Member . The House had no means t > f giving any redress whaUver . Tbe Honourable and . Gallant Gentleman who seconded themotion complained of the excessive heavy bail taken . But if excessive bail had been taken—if the parties held to bail had Buffered any illegal or unconstitutional treatment—their proper means of obtaining redress was to apply to the law of the land . They should go before courts where the evidence and examination could be taken on oath ;
where the men accused could vindicate their , conduct ; where a jury , if they were criminally indicted , would find them guilty if they deserved it , and the judge could sentence them to punishment ; or , if civilly prosecuted , the jury could return a verdict of large damages if they had illegally been exposed to the smallest inconvenience . Bat if they had a committee , that committee could give them no redress ; it could examine no witnesses on path , and was not competent to correct any errors . When the Hon . Gentleman made his statement , and said that the case called loudly for inquiry , he should like to ask , aa the Hon . Gentleman had brought many individuals before the House . * which pf the score of cases did he mean 1 wbioh of the individual cases did the Hon .
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Member select , & 9 worthy of the consideration of the House ? If he might jud «« of the individual cases , he would give his word to the Houre that there waa not the slightest pretence to justify an inquiry . There wera none of the individuals brought before the House by the Hok Gentleman whose oase would justify the statement thai had been made . He should compare the observations he should submit to the consideration of | the House with the authentic information in his possession , and he believed that he should satisfy the ! House that there were no circumstances to justify ; the motion . He would first say of the motion that it was somewhat ill-timed . Nor did ke think that the persons in whiBe behalf iuquiry was prayed wero judiciously selected . He
would mention their names as he found them in the notice of the Hon . Gentleman ' s motion , and in the exact order in which they are put down . There was Geerge White , of Birmingham ; ho did not state with entire certainty * bat be believed that this man waa lately convicted before Mr . Baron Gurney The next was Robert Brook , of Todmorden , an individual who had been convicted in Lancashire . The next was James Leach , aud he had been convicted in the same county ; there was J . G . Harney , and he also had been convicted in Lancashire ; Jonathan Brown and some-other persona had all been convicted , though they complained of iheir treatment , he believed , since their trial—[ Mr . T . Buncombe' Prior to their trial . ' ?]—The next was R . T . Mor »
rison , of whom he knew nothing ; and then came John Skevington , of Loughborough , who was also convicted . As he had stated , he was prepared , judging from the authentic information whioh he possessed , and of which he did not doubt the correctness , to show that none of these transactions were proper for the investigation of a commiitea . He would shew the House , without going into a committee , on evidence takeu on oath—he would satisfy the House , from the naturo of the cases do which the Hon . Geatleman referred , and from the evidence brought before the Cqurt in Lancashire—fchat the statements in the petitions wera act true . It was said , as one means of throwing blame on the authorities , that there waa no necessity for calling out the
military . In common , he waa eure , with the great majority of his countrymen , and in common with the , government , he lamented the circumstances which made that step necessary . For those who had suffered he felt the deepest sympathy ; but there was no occasion for a committee to ascertain those facts ; nor was it necessary ib ensure the sympathy of the House . If he were to ! judge from the statement of the Hon . Member with reference to the transaction at Halifax , he should ; say that the circumstances could hardly take place as described . The feelings of the people of this country were not obtuse—they were acutely sensible ; and if the case as described were true , it was not a base for a aommittee , it was a case for a grand and p- tty jury—it was a case to
bring the man to trial who had fired at the indindual in question , aud had committed a great crime . Refer that case to a committee of the House I Why there could be no difficulty in finding out the individual who had fired the piece , and in having him arrested and brought to trial . He asked the Hon . Member why he would refer such a caee to a committee ? [ Mr . Duncombe said it was not taken up by the competent authorities ] . If so , if the magistrates would not act , the grand jury was sitting , and a bill , if there were any bill , if there were any foundation for it , might he obtained . Let the parties go before the grand jury and prove the facts , and no doubt the man would be put on his trial . That he waa a soldier , gave him no exemption . He
was amenable to the law though a soldier , and to the law recourse should be had . If half what had been said were true , the man was not the proper subject for an inquiry before a committee of thai House , but he should b ^ i tried before a jury , and be made to answer with his life to his country for th ' . s atrocious act . j Whether the case were so bad , he should probably enable the House to judge by the . evidence , on oath , given in Lancashire , which would show that similar charges relating to Preston were destitute of foundation . The Hon . Member for Finsbury spoke of the fury of the soldiers at Preston , and accused them of much unnecessary cruelty . Their conduct had been spoken of hi language which had been most improperly used—( hear , hear . ] At
the trial , at which not ] a defendant complained of the facts brought forward by the Crown , not a single defendant out of tan orj twelve who spoke for themselves or by their coursel—he was speaking from his general recollection , having recently cast his eye over the report of the trial—not one of the defendants on his trial denied that the wit nesses for the prosecution gave a correct account of the transaction . The leading counsel for teveral of the prisoners was his Hon . and Learned friend , the Member for Sutherlandshire ; and he did not state to the court and the jury that the evidence given was such as they Could not lely on ; but he stated , not only that the evidence he had heard was correct , but the language was appropriate ( The Hon .
Member read the passage ) . It would be recollected that tbe Executive Council of the Chartists had issued a lar « e placard , on which they said , " Englishmen , the blood of jour brothers reddens the streets of Preston , Blackburn , and ( Halifax , and the murderers thirst for more !—be firm , be courageous , be men . " la speaking of the transaction at Preston , in the address of the Chartists to the Chartist public , tbey were peacefully and lawfully assembled , and they had been fired upon while peacefully ** agitating for the Charter . " Tbat was their expression : now let him state the facts on the deposition of the commanding officer . He had under him about seventy policemen , and about the same number of troops , and these forces were hemmed in , in front and rearby the
, crowd in the streets , while two parallel streets , with ' houses , were on each aide . Tne mob consisted ot many thousand persons , and they assailed the soldiers and the police both in the front and rear , by throwing stones over the houses . The commanding officer on his oath , stated that it was necessary , for the safety and protection of the police force and of hia own men , to fire ; that the multitude continued to press upon them , and hem them in more and more , and would not give way ; under such circumstances , the officer , for the safety of his men , considered that the order to fire was necessary . All the evidence brought forward by the government , and it was not impugned by the Charfciste , justified the officer . The united council were
of the same opinion ; and ; it was difficult to admit that there was the smallest opening for the language of the placard , and the public notice which was taken of the event at Preston in the address of the delegates to the Chartist body . Toe Hon . and Learned Gentleman quoted another placard , in which tbe Chartists asserted that their " brethren ' s blood had been shed while peaceably agitating for their rights . " Let the House see what was meant by this peaceful agitation . 1 That peaceful agitation consisted of an assembly of 10 , 000 people , hemming in the military and police , ' and having great facility for attacking them by the Wo parallel streets . It was clear that the officer Refrained as long as he could , and abstained from ! adopting the course he
had at length adopted . Hejbad called the attention of the House to this particular case , established in a court of law . But the House might infer that the statement of the Honourable Member in tbe other transaction he had referred to was no better founded . The House could , in the exeroise oi a candid judgment , form its own opinion of the other transaction referred to by jthe Hon . Member for Finsbury . With reference to the motion , he would say that the House must find it impossible to concede it . The motion waa entirely wrong aa to the individuals selected ; but aa to the time of bringing iv forward , on principle the House could not concede to it ; and if he adverted to some facts connected with it he should make the
impropriety of now bringing it forward apparent . He mast state to the House , with reference to the time , that there were some of the persons connected with these cases about to be brought up for judgment . He was averse from alluding to them in any way that might seem to aggravate their offence—it was indeed with great reluctance he did so , but his public duty compelled him . He should have been extremely glad to have escaped from the task , but the performance of his duty to the Government and the magistrates , his respect for tHttpeace and the institutions of the country , obliged him to make remarks that he would have willingly postponed till after the sentence . There was , too ,
another trial now going on , implicating other individuals connected with the outbreak in Staffordshire last year . That trial bad how reached the sixth day , and by the last accounts the speeches for the defence were only about to begin . It was impossible to speak of the delegates and to speak of these transactions , impossible to discuss the question which the Honourable Member had brought before tbe House , without adverting to what took place at Manchester on the 17 ( h of August last year . Th » Honourable Member had called attention to the case of Leach , Turner , Scholefield , Harney , Ssddons , and others . Some of them bad not petitioned , and some petitions came from others who had no eoBneotion with the trials . He would refer to the
circumstance of Tamer , who had been brought forward as the printer of the } placard . The Hon . Gentleman stated that Turner had committed no offence ; but he would lay the facts of the case before ihe House as they wera deposed to in evidence . Turner admitted that he waa the printer of the placard , at the assizes at Liverpool , bathe represented that it came to ( him in the way of business , that it came in a hurry , that he did not trace its contents , that he never read it , that he exceedingly regretted ever having printed it , and in
that meroitul consideration which the public prosecutor , not alone , ho would say , in this case , but whioh the public prosecutor generally took , on the representation of these circums | anoes Iandon Turaer consenting to plead guilty , he Was allowed to plead guilty , but was not brought up for judgment . Turner did plead guilty , and entered into his own recognizances . He expressed himself obliged to the judge , to the counsel for the Crown , and to the prosecutor . Tnat was the termination of Turner ' s case . Now , if he understood the Hon . Member for Finsbury correctly , the Hon . Member said that Turner was guilty ot no pffencc , Hm waa the case of a
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man who was described to the House as a guiltless person , who had publicly pleaded guilty , who had submitted to the law ; and this man , who-had acknowleged his offence , the Hon . Member paid had committed no offence at all . Was it to be e&i J that Turner now declared that he had published s , he placard , but that ho also affirmed that he had been guilty of no offence I Was that , indeed , the mod © in which , when the mercy of the Crown was exercised , it was afterwards to be taunted 1 Waa that , indeed , the mode in which any one in that House , or out of thai House , could conceive was the proper feeli ng to be manifested under such circumstances by those who Were brought before the tribunals of their country , and who thus proved how worthy they were of the leniency with which they had been treated—( loud cheers )? But , bo far as he was concerned , such conduot should have no influence himIt would notin the least
deupou . , . * cree induce him to call Turner up for judgment . The Hon . Gentleman presented petitions—ihe 3 e petitions he had read , and he came there prepared to answer them , the Hon . Member pulled out-of Jus pocket a variety of papers , the accuracy of wnich was not confirmed on oath , and for the truth of which it was impossible that the Hon . Member himself could be responsible ( hear , hear . ) It was , he ; aid , a aew proceeding in that House for any Honourable Member thus to bo collecting letters from individuals scattered over five or six counties , and who it was evident were not well disposed to the peace of the oomwuuity , and certainly not well disposed to the established law ( hear , hear ); it wa 3 not , he said , usual , under such circumstances , and with such statements , to seek from that House that inquiry should be granted against magistrates . Hs aow passed to the case of Leach . Leach was the chairman of the executive council of the Chartist body , and
Leach waa connected immediately and directly with the preparation , and printing of this address , which originated with one of the defendants , and concerning whom he could not be silentthat was a man of the name of M'Douall , if he mistook not an orator at Deptford on . some occasion . This man , aot JVTDougall , but M'Douall , had been convicted at Lancaster , of the highest offence charged in the indictment . It was M'Douall wha had prepared the placard ; it was proved to be in his hand-writing ; and it appeared from the evidence to have been concocted before the 17 th , probably it was on the 15 th ; he thought that it was in the hands of the printer on the morning of the 16 th of August . And here he felt very great regret in being
compelled to mention the name of aDiwier person ; but , as far as he could , h « would not do that person any injury . Mr . Feargus O'Connor . M'Douai ! , and several otber Chartists , met at Mr . Scholefield ' s chapel , on the night of the 16 th of August . Ifc appeared that the address of the Executive Chartists had been previously prepared and finished . It had been settled j bnt a suggestion was made by Mr , Feargus O'Connor to alter it . He was , however , then too late to make the alteration , and therefore it was allowed to be printed in the shape in which it had been originally agreed upon . Bat Leach was the perBon at whose hoase M'Douall waB , and had corrected the press . He did not know but that he had shown the very cepy
of the placard wbioh had been in front of Leach ' s house , and there waa another copy of it found within his shop—( hear , hear . ) The ether person named by the Honourable Member was Mr . Soholefield ; he was the gentleman in whose chapel the meeting had taken place , and the question was , whether lAr . Scholefield was aware of the objeot of the meeting for which he had lent his chapel . On the 16 th it was proved by the son of Mr . Scholefield that the persons met at that chapel . It had been publicly announced , but then there was no meeting for that purpose which had been the avowed object of the parties coming to Manchester , which was something with respect to a commemoration or a monument relative to Mr . Hunt . On the 17 th August the
placard came out . At that meeting there was also Harney , Allison ^ Brooke , Arthur , and several others , to the amount or forty . They assembled , and made speeches , the character of which might be known from the speech of the man named Cooper , who waa now under trial at Stafford . The resolution of the meeting of delegates he had them before him . They put forth their Executive address , and that , with their address , was published to the world . The object of the prosecution at Lancaster was to satisfy the public that where persons met in private conclave , that when they arranged at private meetings documents the objeot of which was to inflame the mob , then they would be mixed up with the violence which they had themselves produced , and would not
be permitted to escape , on the ground that they had published a libel , from the mischief which they had occasioned . He might now be allowed to point out the state in whioh Lancashire , Cheshire , and Staffordshire were at the moment these publications took place . If ever there was a moment at which this country was on the eve of a civil war , and whon it happened that it had avoided , although not entirely escaped , all the horrors of such a warif ever there was a moment of such imminent danger , but from which it had pleased Providence to preserve them , it was at that very time when outrages were constantly being committed . Let them , he said , look to the e * idenee of Pilling , who boasted of his going about from place to place , and
having addressed three hundred thousand persons , and when 150 mills were stopped . It was at that moment that persons , whose motto was " peace , law , and order , " went about stopping mills—they said with the owners' consent ; but in some cases it wa 3 proved that there was resistance to the command , even to the shedding of blood . In other Cases there was the exhibition of physical force , and in other caseB the direction was complied with after the greatest reluctance . But here the Chartists made a great mistake : they thought that by the absence of physical force there would be no breaking Of the law . They supposed that any demonstration of physical power was moral force ; thas persona marching with weapons , calculated to intimidate
others , wag moral force ; that provided they did not break a man ' s head , that they did him no personal harm ; that there was an absence of personal violence , there was merely moral force —( hoar , hear , hear ) . He could Bhow this to be their opinion from the language of one of the defendants . In one case it was proved that a mob assembled they called to a bricklayer , who was employed , to cease work—that they would not permit him to work Tne man replied , he was determined to go on with his labour , and they then said they would bring more with them , and see if he would do it . They did , then , come again ; they brought more with them ; and when the maH saw a large mob collected , he felt obliged to obey their bidding , and he ceased
working . The defendant in that case thus crossexamined the witness . " You say that I told the man not to work I Yes , you did do so . Did I do any injury to any man , or waa any property destroyed ? So far no man waa injured no : property destroyed . " Thus , then , they conceived that men could assemble in great numbers , and dictate to others , that they should not work until the Charter became the law of land . Now , it was hia opinion , and he expressed it in that House without disguise—it was not only his right , but he waa bound to do it . In his opinion every man who moved about from place to place , joining moba , for the pur-pos * of stopping labour , or by intimidation to bring about a change in the laws of the country ,
was guilty of high treason—( hear , bear ) . He defied any member on either side Of the House to contradict it . There was a question as to the fit mode of proceeding . When they made an in juiry , there could be no doubt as to the facts ; but then there was a doubt as to the way in which questions ought to be dealt with . There could be no doubt but at the time that Leach was first taken up , and when he was carried before the magistrates , that the charge was expected to be one of high treason . In Stafford , he believed , thesecases were so regarded , and a bill was sent up to the grand jary for high treason . He was not positive as to the faot ; but it was in his recollection that an indictment had been found there for high treason , but the Government thought it better not to proceed for high treason . The judge at Liverpool had distinctly stated , that in his judgment .
on the point of law , the case was one of high treason ; and what was more , he commended the lenity ofthe Government for adopting the mode of prosecution which they had pursued in these cases—( hear , hear ) . The parties then met in Manchester , haviug for their object originally a procession , or something in cennection with Mr . Hunt ' s monument , and having also met , as it was stated , and as he believed it to be the truth , for the purpose of making some alteration in the constitution of their society , and the correction of some illegality belonging to it ; but then , in Manchester , they abandoned the intention of having any meeting at ail , they publicly gave notice of their abandonment of that intention ; but then they met in Mr . Soholefidd ' a chapel , on the night of the I 6 th
. and the morning ofthe 17 th , for the purpose of concocting an address to the public . He might now be allowed to state the nature of the address . There were five membera ofthe Executive Council : Leach the chairman ; Archer , the secretary ; M'Douall was another , so was Campbell , and there was another name that did not occur to him . This address then was pat forth on the 17 ihof August , at a time wnen thousands upon thousands were meeting together ; when a hundred thousand pefsohs wero SO'Dg about different parts of Lancashire , Cheshire , and Staffordshire , compelling those who were desirous to work to abstain from labour in orderthat « ihe Charter might become the law of the land . The address
tbus commenced : — "Brother Chartista , —The great political tratha which ha , ve been agitated during the laat half century have at length aroused the degraded and insulted white slates of England to a sense of their duty to themselves , their . children and their country . Tens of thousands have flung down their implements of labour . Your taskmastera tremble at your energy , atd expecting masses eagerly watching this the great crisis of our cause . " He did not feel that he could be justified in taking up the time of the House in reading the whole of this document . He should , therefi / .-e , call thtir attention but io parts of it . It proceeded : *• Nature , ( GmimiMd in wr Eighth v ^* J
Untitled Article
THE NORTHERN STAR . ___ ^ _ _ JL
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Citation
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Northern Star (1837-1852), April 8, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct476/page/7/
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