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Leeds :—Printed for the Proprietor FEABfltf* M O'CONNORj Esq. of _ HammersniitD, C^** , M
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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 , DGNCOJIBE'S MOTION . ( Continued fjrom our Seventh page J God , and reason , hare condemned ibis inequality . " Eeie the in- quality pointed oat was that ¦ vrMeb existed beiween those Tvho laboured and those "who paid for labour . —Cb ? arj hear , hc-3 T , hear ) He could assure the House he did cot xneaB u > keep back anything ihst rnishtbe material in favour of the ?? parties . The proclamation went on : — " Nature , &- > d , and reason hwe condemned this m-qTa ! ity , ttad in tie tnsmders of » people ' s "V ^ ice it miiBi perish for e \ ei . He knows ihai labour , the real property of society ; the sole origin of accumulated property , ihe firs , cause of all national "weaUh , aad the only supporter , defender , and contributor to the greatness sH our coat try , is not
possessed of the same legal orciccsion which is given to iho ? s lifeles enVsis , tae tonnes , sijip 3 , and machinery which labimr have alone created . He knows tfcatif 3 aoonrh £ « eo protection , wagescaiinot beupheld ^ nor ia thsslightesi degree regulated , nntil every ¦ workman of tsyemy-cne years of 3 ge and of sans Er . 3 S < 3 is on the sara « political leTel as the employer . He Itdcwb that ihe Charter would remove , by nniyersal will expressed In UniTer ^ al Suffrage , the iszTy load of lases which now cru ? h the existence of the labourer , and cripple the efforts of commerce ; thi- , i : wonld gire cieapgorernment as weli as cheap food , high wages , as well as low taxt-s , bring happiness to the bearibitoce , plenty to t ^ e table , prsk otion to the old , emanation to the y > crng , permanent
prospriiiy tt lbs country , ioug-rontsuned protective politics ! power 10 labour , as < i peace , blessed pfice , to ibe approving nation ? ; therefore it is that we baT ? so ' emniy sworn , and one and all decian d , that tbe golden oppicr , lunty now wizbin our grasp shall ioj pass away fruiJess , ihat the thanes of cftainne ? afforded to us bj a wise and al : -seeing God , shall noi , be lost ; but ibat we do now nniTersaily resolve "DCTeT to resume li ^ Dur nnnl labour ' s gneTanoes are destroyed , and protection seenred for oniselTe ? , onr stff- ^ nni wiTe ? , and helpless chilirren , by ine enactment of the Peopled Charter . " This was put forth tf > ike world s . » a time when it was proved by evidence thnt there were thousands in not less than fiftv ,
ay , a hundred paris of tho eonnjry , seeking , by fc-r ^ t ? , by in-imidation and viilehce , to stop the operations of labour . Evidence wonld be shown to iheia . from TrehJeh they mjjjhi jadije what vrn ? the obj- > c ! . of those parties ween tbij Tery piprr was published l > y the Chartists theuise ves . T : e naxt passage referred to the kocd-sned at Pr ^ -FtoB . It said further—" Countryjnen ar ^ broths ^? , centuries may 10 B oa as they have fl ere- * past , beA-rc scch universal action may again b ? A isslsyed ; we have made the ca ? t for liberty , tiwi ire most sia ^ d , like men , the hazird-of the die . " AU th " : > , ii was ro b ^ observed , was addressed to men a .-sen ! blrd h > thoti-aids—{ hear , hear . ) It proceeded —** Let sons -iespoiid . Let a ' -J t > r ccol and watchful ,
s : -5 , like tse brid < aiaids ia th ^ parabJe . k . ep your Lioips iHrrtiiiig , and ui < oux cuntinu-.-d resoiu' -ioa bd li ^ r a beacon to jjaide ibo ^ i ; who sre ni » w baateBing fs- aa i wide to follow your memorable exam pis . lS : eiki ? n , we rely upon your Srainess ; co-. yArdict > , treachery , or womanly fear wouid cast out cau ^ e back for half a caiitury . Let no man , woman , or child break dsvsm tie ^ oleain pied ^ e , i ^ ad if they do E 3 y tbs curr = & . ' the poor snd the starving pursue thtai—they oe ^ erv slavery who would ma ^ ly court it Onr msehiEery is all &rr 3 v . « ed . " ^ hai , be S 5 lred , was the meaaing of thai 1 Ii continued , ** Our machinery i ? ail arrsjiged , and your caiise will in ^ . hresdays 5 > e impelled onward by all tae inttllec * we can Emmaon to its aid : therefor * ^ whiisi you are
peaceful be Sim ; wbils * . y ou are oivtei ' . y make all be so ] -k -wise ; aitd whilst you look U * f-e . iW , remedbtr that you bi . d so v « , ice in making it , and are , therefore , the slaves to the Will , the law , and ihe caprice of yoar hjl ? ist& . " And in a passage which he bad pa = sed over , he fonnd this expres 5 'on : ** Feae ^ , Istt , and or ^ rr , hs . ve prevaHpii on enr side f that i ? , th ? 7 bad stopped tbe entire labour of men—' . he ? hafl stopped I ; , not by appealing to men ' s will or inclination , bat to iheir fesrs , and then wO vioiesce when they declined to comply with the demands ma-de on thfcUL The prodaniauou said : " Bo firm , be courageous , b < nv . n . Peace , law , aad ordtr have prevailed on onr ride—Irt them be revered , until your brethren in h ; odaikd , Wales , and lieiap < i are
informed of your resolunon ; and when a univtr « al hoiiday prevails , wb .=. ch will be tbe case m eigiit day 5 , tl-en of what use will bsyonets be against pubi-. c Opinion V Now . he wouid ask tlie Hoase , he ¦ woai-i Jt = S either side of -ha Hoqs-j , for this was not a qu ^ s tioE of pzrry , bnt it was & question of the pubhc safety— ( cheers . ) It was a question whether the insnrnnons of $ hs county were to be permanent , or to be prostrated by mi ^ cheivous machinations of ibis descripaon—Chrar , heap . ) One sfuiejice more , and he had done wiih this address . It vras this : — ** AH officcla of the iS 5 Ociaf ? on ara called upon i& aid and assist in the peaceful extension of ibe BYrement , and to forward all moneys for the use of the delegates who may be expressed over the
Ciunrry . J > irergthen our bands at this crisis . Support your lead-is . ivally roonc o * -ir ? &cred cai ^ e , ace leare ihe decision ib the God of Jus : c * and of Banle . " Hs would ask any M-mber of thai Boase—he w-ju 15 a * k the Hon . ilemr-r bim-e * f—if , is the d'starV-d state in which La .: ca 5 h ; re , Chish're , and Staffordshire were at that Qoniea . t , h * wou ! d put his hand to a document like that— ( he 5 r ) I ^\' aai was theconstme'ioa which any fair asd candid man wanl-d put npon it —(^ esr , hear ) ? Ea ; the House wss hardly yc-t in the possession oT al ! the facts , which wouid enable it to come to a just jud ^ em with respect to these cases- He particularly ieqnested their atteation to thi 3 re ^ lution , which the dekgst- s had come to on the lS . h . Ii was to
thief- *? : — " E-soived , That we , the delegates , iu public Eiseiini » assembled , do recommend to » he Tarions canstnaencits which we r ?; , r » -seBt , to adopi a 2 legal Hic&ns to carry into tff-ct the people ' s GhaneT , And further , we recommend that delegates be Ffst through the wbol of the country , to endeavour to obtain the co opi . raiion of the egiddie aiid working elassts , in Cirryi ^ g out the resolution of ceaaag labour natil tbe Charier be made the law of the lai ^ d- " Whai , too , be a ? ked , tcis the lueaiiing of that 1 He hsui no dooLi , aa t *> wiiat was the real history of the a ^ dr ^ ss acd resolutions of iL- * Caarnst delegates , ris thought so Jar from having a doubt of it , that it had been ms * e a . matter oi evidence . They came noi to jtlaDchi _ ster lor the
purposeof turning thesmks to th ^ acrouat of the Charier . They came to iJancbestsTforan eniireiy enff ^ rent pur-J > ose . Bat when they tame there , seeing wLbv was the state of the public feehng , thrj h- 'ti ^ ht that tb ere was afforded lo them a * ' glonoa- ^ o . er . onpoitunity . ' They conceived it right , for isVir p'i-pi . ; p « , : o take advantage ; and accordisgit , 3 ^ t h . y had pui ii lor ¦ ward in lieir placard , if a _ U W-ie ^ j 6 cot auti , aud Irelard , hSQ JoiluWed the axsrrp ; e wiwch vras set by Lancaster , the tStc : wonJii be a general confusion in the country . There was , too , in aid of such an obiect , a placard issued of this description — " Knn for gold—labour—labonr is suspendedpublic credit is gone^—paper i 3 worthless—every sovereign is now worth thiny shillings—rnn , middle
classes—run for gold . " He believed that iheir impreS ? iOIl was , that if this state of things cou ! q be got to spread from county to county , rhey would succeed in carrying % he Charter . He " did not complain , althongh h had been improperly imputed to him , of any man , whatever m-eht be bis opinions , ¦ who sought to maintain them ptactab ! y—he did not mike it a mai-. er of reproach to any one who upheld the doctrine that UniTcrsal Suffrage would be a better mode oi administering the affairs of the ' country than usd . r the present constuution . He begged not to il : x hub&Jf up , as a representative of the Crown , with the question of ihc Charter , orthe Anti-Corn Law L <~ . 'icoe- He ccnld « iy this to the
Honourable Member for F u » bnry , iba ; if be wonld furnish him with ? bu evidence io &hovr that avj pasens were coc ^ : ? ing together io do a public mischief , he should imm ^ diatdy feel it io b 8 his dnry to see , firtt , whether ibat which was iaput -d was a crime , and aext whether it coula be brought home to them—li-car , hear ) . All he had done wa * this— wh ? re cr . me was inspuiM , it was lair y Elated and fully proved . and wnen it conld eoi be fuj , y proved , th * prestcmiou was abandoned . He mi ^ ia now caii tbe -netnoc oi the Hon . se to tbe sddi-caa of the deletraxss which had app-ared in the Northern Star ef Sstuiday , August 20 . There had bet . ii tor y dele = ; a 4 esasstmo ] Ld , and very nearly every one of them spoke , tbe rt gatsiion beinij that no one
wato speak more than 5 v = minufis —( ianshter ) : —3 rd hi-¦ Wuala aQTiseth ?! Han . Member in kis rtp . y n » -t io take np more tLan two miautcs . Tucy ha-i a > h « rt-Baaci wij ^ tr ptesent , who R-ip ^ hed thrm with at acccnct oi the sp- * xhes that wer- nsa ' ¦ >«; . 2 \' ow bi ,-btgi : ? d to tay tbat in thp pock ?? cf brock , one of ihe pnsuEfrs—and be wished to cad tbe attention of Hon . Metcbtrs to this fact—in his poekei was ioand a short ns , ve of tbf debate—h was lifit a little memcraudijn of what had pa ^ ed , and it , in every r ^ -ptci , &ore out tbe staieni ^ ni of what , pcrhaP > , tl : « il- ^ ji . -Member woula call fc the Kn-gade" shorthand wilier . He would tell the Hon . Member that that person was not there as " a spy . " u was not the trOTenuaent who had seatiim there ; bat he afterwards volunteered and exposed i desire to give informanoa . He , for one , haa ntn tbe slightest objeciion io receive ihe statement of such a personli 7 brekm faith
e mightiae w : th thoBe with wh ^ m no faith eaght to be kept—( hear bear , from Mr . Dnnoombe . ) He said that if persons met together for the purposes of treason , or what was approaching to treason , and that ihote who joined with them yrere to regard thtmselves m bound bj moral f « lmgSjOr thai no sense of public < iHty—no feeling as to the public danger—was to induce them to repair ihe wrong they had been once willing to do , mud to make io compensation for iberr guilt , then he said , if suchamle wcrelaid down there would bo no safety for society where snob , conspiracies exiBted , iind such unlawful . epffibin * ponB were to be found —( hear ) , — 3 ? Ms " shoriSaad writer was confirmed by Brooks as to ihe speech of Cooper , and that he was sorry io . be ohirge ^ Tlo r > : ttr to , as the man was now on his trial ; hoi it ^ wa * f * ssiEt-al that the House should know , * b y iceaaa of . ltiat speech , what tbe parties meant by this . address , for ihai pp ^ ech leri it no louder as a vakivr / of d- ^ abia u ^ r cmjs of suim ^ e ,
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much less of suspicion . Cooper appealed to God that the time was come when the people ought to be represented—that now the people should bo prepared to fight , and he was prepared to fighl , be the danger what it might , and the' eonscquences to himself what they could be . ( Hear , hear . ) Men who were on their trial were present when that scene occurred , and when Cooper made that statement , and no one turned him out of the meeting—no one denounced him . He believed that he had been cheered—that his spirit had been praised , as well as the manliness of his declaration , and on the following day the placard , which ho had read for them , was posted all over Manchester , and not less than seventeen different mobs were endeavouring to carry
the Chaner and make it the law of the land . He had next to refer to an address , whfch appeared in the paper belonging to the body—to the Northern Star of the 20 ; h of August . Tois addrefs observed that that strike , which was intended to effect a repeal of the Corn Law , had been made to sustain the Charter , and it concluded by counselling those engaged in the s ; rike in abstaining from all destruction of life and property- He admitted that there had been a very remarkable abstinence from tbe wanton injury of property , and the wanton attack npon life . It was not the first time that he had dftn p homage to the spirit that prevailed at that tirje—it was not characterised by violence ; but thm it was his dutyaiso , to show what were the
inten-, tj . ; . as of the parties . They ? aid , " we will have the Lhancr ; we mean to go from town to town , and It in mill to mill , to turn out their workmen ; and ii they do not cenw out , then we will make them . " It might iudeed be said , as it was said by the defendaats and tbeir counsel on their behalf , that all thry nun ; to go , whilst they preserved property anu abstained from an attack on life , that peac-eab . y they might have a general suspension of labour , and thai such would have the desired effect . And yet ihose who said this ha < J published paragraph . " , which showed that he had put a just construction on ilieir conduct . Under ihe head of Chorley , it was mentioned that 8 , 000 men had entered the town , and succeeded in stopping all the work in two hours .
that a great number had gone to Preston , asd stopped all the ' mills—that in Bingley , several thousands had stopped all the mills , without any difficulty , there being no protective force ; that evtry thing was quite at a stand-still , and nothing vids to be seen but the families of ; hc uusmployea workmen going tbrough the stiecrs . Similar statements were made from Stafford , Manchester , Dewsbn y , Halifax , Leeds , HuddersfieJd , and other peaces ; in theso places , whsre there was no protective rorca to guard the mill-owners , everything was obliged to yield to the demands of tho mob . Under these circumstances , he asked , was it possible ior them to donbt , but that tbe persons eiigsg ? d in these violent proceedings wvre doing of
: hat which was nothing ^ hort high trea « on—Chear . ) If the conduct of ib'ise men did nor aznou : it to high treason , h * - was unaware of tbe proper meaning of ihf term . They w ;? re engaged in a great combination , a combination carried on by means of intimidation and vioiecct-. They went from place to phce intending , by thai intimidation , force , and violence , to pr ^ uure S 1 ^ -1 changes in the laws and eonsti-mtioE of ihe country . Such conduct did amount to treason—( hear , heaJ ) But what was tbe course taken by tbe government ! Ii was , in the first instance , to institute inquiries , and whi . ro individuals were found actively engaged in tbese combinations , to arrest them . In the first dIecs there was atrpited Leach , and afterwards Turner , the
printer of the placard which he had referred to , and thp person at whose honje the address of the executive coancil had b . ~ n corrected . Could tiny have been passed by 1 If the prosecution had been for hii ^ h treason , Leach must have been arrested . And he must refer much of the apparent severity of the magistrates to an impression very generally abroad that tho offence which had bf-. cn commiutd vf&s high treason , and that it was likely that feovcrnm * Tit would dril wi ' -h it as such . But government determined otherwise . T . iey tbou ^ ht that it would be better to adopt the most nrld and moderate course—to satisfy those persons who wereminded to obey the law that they should be prstected by the law , and , as far as possible , to assure those who had broken the
law that thc-y were liable to punishment , and that si me of them , at all events , should not eseape—( hi-ar , henT ) . With respect to the conduct pursued towards Leach , he had been astonishtd to hear the statements of the Hon . Gentleman opposite . The Hon . Gentleman had said that , whether that man ' s conduct was illegal or not , there was no evidence to prove it ; and , finally , that the charge had be-n abandoned againut him : and Leach him ? elf slated " Tna" your petitioner appeared at Liverpool , when tbe first charge upi > n which your petitioner was arrested was to be tried , and after suffering thirteen cays ' confiorment under the circumstances mentioned the indictment against your petitioner was abandoned , awd , a he believes , from a knowledge
the prosecutor had that his witnesses were mo > t grossly and fonTy perjured , and that your pstiiioaer bad ample means to prove them so . " H 2 ( tbe Attorney-General ) did Dot know whether tho witne ^^ s had been perjured or not , b ^ t he knew thi ^ , that in Liverpool ihe indiciiuent was fcund npon which Leash appeared at Lancaster and so far fr--m tbe charge having been abandoned , he was couvicted on the clearest evidence . It wa ^ admitted by himflf t ! . at the placard had been proved to have been ftn < -k np on his house . It was iUo proved that it w « s ath ; 3 honse that M'Douail hid corrected the proof when the placard was . printed ; ai < d 11 tv-ie aUo proved by one of tbe books , respecting the taking away of which a special complaint was made ,
thai Leach was one of th :- members 01 the Executive Council—( hear , hear . ) He was sorry to detain the H- 'use so long with these details , but the Honourable Member for Finsbnry had made special complaints with reference to the treatment exptriencbd by the petitioners . First thtre was White , who hid been convicted before Mt . Baron Gurnty . He was the first person named in the motion . Then there was Brook who was convicted at Lancaster , aud who W 3 s proved to have had in his possession tho minutes of the meeting of tho Chartist delegates . >' ext came Leach , a member of the Executive Committee , and chairman of that body—then Harney , one of the delegates , who had been al < o convicted . There were iLo Brown and Robinson ,
and Allioson , who had been identified as tbe chairman of a Cnani-t meeting—these were all tie persons he had to do with . He mi ^ ht mention here that the paper of resolutions of delegates which he had read , was signed by Harney at the bottom . But to contiuue—these persons were all who had been convicted , and sentence had noi yet been passed . Th- y were to appear on the first day of the term to receive the judgment of the Court of Queen ' s Be ' for ihe offences of which they had been found guilty . And this was the time which the Hon . Member for Finsbury selected for making a charge against the magistrates who had committed these men . It would be safer f&r the public peace , and much better for the offenders themselves—it would be
rtuch more constitutional , and in accordance with the discreet exercise of the undoubted powers of this House , if the motion for inquiry ha < i been postponed until it had appeared in what way the Judge and Jury deliberating upon it bad decided Cooper ' s case , and also until tie Court of Queen's Bench had disposed of the perrons awaiting us sentence— ( hear , bear ; . Undtr these circumstances , he must say that , having the means , of &howing tha . t the offence was actually committed —an offence which did appear to him to be oue of the most high and the most grave of any ki ; own to tbe law—he mnst say that ht was not . surprised at iho severity of the interference complained of a ^
having been exercised by the magistrates . Sc far as be knew , these gentlemen had . done no more than was ihtir Krict and absolute duty under the peculiar an-J painful circumstances in which they were piacea —( hear , hear ) . He thought it but righi to mention one thing more : so far from the parties complaining having been dealt w ; th with extraordi&ary severity on the pnrt of Government , he was noi sure but that personal complaint ought to be made against himself for the part which he had taken in the trials , that that complaint might be really made e ^ -. iupt h : m on the part of those whom He represented there , as having seareely exhibited that degree of severity which in such cases it was proper to emorce . Hu us ured the Honse ihat he made this statement wi : h
ruiuc ance ; bui the facts were these : —It appeared to him of the greatest importance that , buviDg found ortj ei fc ht delegates exciiinj ; and urging the working men to continue their unla < rful procetdings , to persevere in a course of violence and intimidation — it did , he repeated , appear to him thai it was proper that tht y and the public should know that those who advised crime , when that crime was executed , bhould be pnt on a similar footing with its perpetra ' . ors ; and it therefore seemed to him to be neces-^ aj y to indi ct those parties—the ad vi&ers and the perpetrators together—to show that af . er the commitment of the crime the former were amenable fo :
its consequences , and liable to the same indictment under which the actual perpetrators were charged . But in adopting that course he was necessarily compelled to abandon—and he did it with reluctancetbe charges made separately against tbe leaders of these misguided men—charges , which , if provtd , would have subjected them to far more severe punishment than did those npon which they were actually tried . The offence which they had actually been convicted of was conspiracy , an offence punishable by fine or imprisonment , bat bj nothing more . No such modes of extra punishment as the treadmill
conld be resorted to in such cases j bnt whilst he wss prosecuting individnals , many of whom occupied stations of considerable respectability—for he admitted the respecUbUity of Scholefield , who had a chapel ; Leech , who was a bookseller ; Turner , the printer , and tome others—he ihongbt it right , while prosecuting these men , to pnt their names into ihe same indictment as that under which was ranked the names of th * working men , to give them all a common trial and a common fate , and thus , so far from being exposed to a greater degrea of harshness by this mode of proceeding , the tfiVct of it was that the indictment was cained by writ of ceriiorari to ihu Ccurt 0 ! Qteeu ' s Btrch , sna that the
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prisoners were thus liberated fxom prison , in order to enable them to appear , and that all recognizances were immediately at an end . At ibis moment the parties in question were Under no reocgnizance to appear before the Court of Quee&'s Bench—( hear , hear ) . Conld such a course be spoken of as a harsh one—CheaT , hear ) ? Or , what right had the parties to complain , when , detected in the commission of an offence of the gravest aspect —of one which threatened the maintenance of the publio peace , they had yet , instead of being indicted for high treason , been only tried for the minor offence of creating unlawful combinations and assemblies \ yet , forsooth , these men , when it was thought necessary to bring thesu to trial , were to turn round and say , as Turner did , " You have already let me off ; you have declared that the publication of the placard was no offence at all j" or as another man had said , " Why , you only try me for conspiracy
at last . " Yes , it was true they were only tried for conspiracy ; but the crime of which they were guilty was that of high treason . —( Hear , hear . ) He thought that there waa no foundation for the motion , so far as he was able to appreciate the grounds on which it was made ; and he must say , in the language of the Noble Lord , the Member for the City of London , that without in the slightest degreo qu « 8 uoning the power of the House to institute an inquiry like the one sought for , and to make the zaost searching inquisition into the misconduct arid bad moliVfcS—if there existed misconduct and bad motives—on the part of any Government—yet that for the House to accede to the motion before them would be to encourage all those who were banded together to violate the law , and atford the greatest discouragement to all those who were dibposcii to admit i ; s sway , and join in paying to ita quietand peaceable obedieuco . —( hear , hoar . ) ,
Mr . Pakington called the attention of the House to the siateoient of the Honourable Gentleman opposite with reference to the magistrates of Dudley . Tbe Honourable Gentleman , in tasking of Mr . Badger and Mr . Cartwri « ht had stated that they had been guilty of oonspirms ; with the Lord-Lieutenant against the liberties of the people , and that they were therefore unfit to hold tae commission of tho peace . Now . he would say , that he knew no gentlemen more fit in every respect to hold tho commission of the peace , or rrore fitted in every respect to do their duty with pruprioty and advantage than the gentlemen alluded to . What
bad bcj-n the nature of the charge against them f In point ef strict law , they were certainly guilty in refus i ng bail upon the ground on which they accepted it . But tbe persons aggrieved had appealed to law—they had applied to the Court of Qnven ' s Bench for a criminal information against the ina ^ is : ra"es , and what waa tho result f The Honjurable Member for Fiiisbury had already moved for and obiaiced the papers connected with the case . Ho ( Mr . Pakington' had a c py ; of tbe judgmeni pronounced , and he would read a passage biaring upon the subj-xt , before the House : — " The complaint is not tnat workmen assembled to devise means to
bet-eriflg iheir condition , but rim others took advauta ^ e of their quarrels with tbeir master ? , and fimthig vast numbers unemployed , ignorant and uisaffeoted , sought t-o incut ; them to every Kind of outrage . Not ihai the discussion -f public grievances had bten intemperately conducted , but that tumultuous assemblies rendering all di .-cutsion impossible , ] ed to speeches and conduct which must have been expected to lead to violence , outrages , outbreaks , coiiii cts wkh the lawful authorities , almost eertainly to bloodshed , and . vv . ry probably to universal pillage . Whether or not these meetings having been held in the immediate neighbourhood of Dudley is of small importance ; they had been held iu other quarters , producing their na \ ural resultB , aud were rapidly
emending- It is sworn that near Dudley , in a population of half a million , persons were expectiug to follow this example , and in this state ot llmigr- the meeting in question was announced . It was observed on the argument , that ftw deads of violence were actually committed in that district , and those by uo means of a formidable character : it that be eo , we have no doubt , when we ngard the materials and the instruments of mischief that were preparing , that that circumstance is to be ascribed to the vigilance , the spirit , and real humanity with which the magistrates enforced tho lawj * ls her Majo < ty ' a proclamation enjoined th < m . We thiuk they are entitled to the gratitude of their Sovereign and the country for their conduct , and we
are of opinion that they would have deserted their duty if they had not committed O'Neill for trial for the part he was proved to have taken at the meeting , which they most properly Uisperbed on the 2 ( hh . of Auguat . " The Hon . Gentleman continued—Yet in spite of all this the Hon . Gentleman opposite said that the magistrates should be dismissed from the commission . He was aware that an error had been committed by them , but the opinion whioh had led them to commit it , th « . y honestly entertained , and if they did entertain a doubt on the stringency of tho law on the subject , there were good grounds for making thembtlitve that uuder exittinj ; circumstancesin tbe peculiar position of the country at the timethey were consulting the publio safety by not taking
bail from por .-ons conn * cted with those who were agitating and d :-turbing the country . The application to tho Court of Quwn's Bench , was dij-missed , on the ground that although tbe magistrates had commuted a legal error , yet that at the time they had no idea of perpetrating any injustice —( hear , bear ) . As soon as it became known 111 the district io which these gentlemen belonged , that tho lion . Member ior Finsbuiy iuttndtd to come btforo the House of Commons with a complaint relative ; to their coi . duct , a public meeting waa . belu , aud he held ; u Lib hand a copy ot tho address voted . at that meeving to Messrs . Cartwright and Badger ... Tho Hon . Member proceeded to read the address . It acknowledged the deep aad lasting * ense of obligation felt b ) the meeting to tbe magistrates , to the military and yeomanry , and stated that the preservation of the life and property of those signing tho document was mainly attr . batable to tbeir exonion ' s .
R <> seed only add that this address was -signed by 135 of the most respectable bankers and merchants of ihe town of Dudley , and at the hi ad of the lift , ke observed tho name of Lord Wurd- ^ Chcar , hear ) Ho himsojj had been present at many ot the conferences hold between the magistrates and tho Lord Lieutenant of the county , and had never -witnessed more temperance , combined with judicious firmness , than he had seen manifested upon thoso occasions—( hear ) . This was not , he believed , the first occasion on which the Honourable Gentleman opposite had been unlucky in the selection of a course to be adopted . It was a very poor return to men who had , in a groat crisis , discharged their duties with zeal and with grea t activity —it was a poor return to suoh men , for a Member of the House of Commons to stand up and attempt to hold them up to publio scorn , and to reproach them for conduct for which they were well entitled to public gratitude— ( cheers . )
Mr . Fielden waB almost inaudible for several sentences , aud was -very imperfectly heard throughout . He was understood to reprobate the conduct of the Dudley Magistrates in refusing to take bail—a degree of . severity which had given an ihipreesion to the publio mind that the persons aggrieved had been most unfairly treated . He had heard it alleged that the Government had treated the rioters with leniency , but surely that was no artfunusnt i ' ov the magistrates being allowed to treat thtm with a dtgree of 6 eventy for which there was no necessity . What weretlic circumstances under which ihe disturbances broke out ? Tneir petitionsand remonstrances to the House had long been treated with eoi . temptfih-i House which ought to have protected them would
do nothing for them . They considered themselves aggrieyed and neglected . T 1 . 0 Anoi » ey-C ;* nferal had stated that the movtinr-nt had not originated with the Chartists . It was a ' , first a quoatiou oi wages and of work . Slauy were oat of employment , and those who were in work were labouring at such reduced wages thac starvation was staring them m tho face . There was one case brought before the House which was of a peculiarly distressing nature . ( We unutrstood the Hon . Member to refer to the case of White . ) Was ihi 8 pmper treatment of a man , who , aa he had no bud intention , ou ^ ht to have been put down with all possible humanity 1 Aud after all , continned he , what has been the conduct of these men , that they should be so unequivocally condemned ! 1 What ia
the grand object for which they combim d ? To ob ain a voice in the making of tbe laws—( hear . ) I have seen a great many movements in my days lor th' ; purpose of obtaining seme share in the governmeut of the country , and the men who joined in and led them used language just as exciting as any imputed to iht-se men , And the ^ e , be it always recollected , were working men . What doea Leach Bay ? This , let me observe , was a man of excellent character . 1 never heard a word to his disparagement . H >; is a Chartist , it is true , and as such must be called and treated as a ciimiual . But what is his defence "Weare charged , " said he , '' with wishing to destroy machinery . Why should we destroy the work of ouv own hands ! But this much I maintain—that , it is our duty to take care that machinery doea not destroy us . " In fact , he maintained nothing more than that it was necessary to shorten the hours of factory labour , so as to make it
compatible with the hie and comforts of tbe working people—so as to enable their children to receive that education which you now eo loudly urge on Parliament as essential to the salvation of the country —( hear , hear . ) How could you ezpeot anything else but some civil convulsion , when you invariably denied all redress of the grievances of the people , and then crowned jour humane consideration for their wants by passing the new Poor Law ! If you had sever passed that law , we should never flaye heard of an outbreak in the North . Is it not preposterous to deny the working men all legitimate means of obtaining relief , and , when they furiously break out into acts of insubordination , to justify the conduct of magistn teo , which , in my opinion , was clearly unjustifiable \ I was my Beit a witness of some of these proceedings . A large multitude oi these working men came over to the works of myself and brothers . But before they arrived , Mr . Taylor , Mr . CroEsloy , and an tfficer of dragoons , came to me
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and assured me that if we wanted protection it should be afford . Those gentlemen said the mob was coming to pull out the plugs and stop our works . The leader soon cam * up , as was the case in so many other places . I asked , " what is it you , want ? "' The reply was " we want twelve hours' wagea for ten hours' work . " I said , " 1 am ready to agree to that . " I then assured the Magistrates and officers that these men only wanted a reasonable change , which I was willing to concede ; and that as for tht > protection of my works * if my people were not able to preserve them , I should never appeal to the Magistrates aad military . Well , they went through the rale and stopped the mills ; but not a single offence did they commit against life , and not a single injury did they commit against property . When they arrived at
Halifax , however , they met the troops , and then ensued that heartrending scene which has been described . Why , it is notorious in Halifax that the representation which my Hon . Friend has given is true . No person doubts the fact of the man being phot in the manner described . And such severity as this is attempted to ; be defended , instead of your calmiHg tho public mind by assuring the people that you will listen to their c . omplaints , and use your utmost efforts to redress them . I think it would be a much better course if the House endeavoured , by the appointment of a Committee or some other meaus , to ascertain whether the people had not reason to compiain , and pledged itself to the most strenuous iff ins to remove the evils which afflict the great mass of th- ' community . But if tho people are to be left in their present condition , and to be treated in the manner which they have been , I bay then you must
propare for anoiher insurrection , as the time is not far distant . when the people niuet be again driven to violence . The labouring people must be supposed . They must live by their labour , or you must supply them with the means of subsistence —( hear , hear . ) It is an old saying that " hunger will break through stone walls ; " and though you may trample on a hungry people once or twice , at last you will find their power too ' great for you . I should recommend this House , then , not to delay turning ita attention to the real state of the working classes , and doing something to remove the prejudices which prevail in their minds against the governing pow . r . Depend upon it no decision of this House can put down the organization which has been formed ror the obtaining of Universal Suffrage , Annual Parliament * , and the Vote by Ballot . Ho thought tho people ought to persist in their demands . He would support the motion with much pleasure .
Mr . W . Patten defended the Magistrates , and thought the motion unsubstantiated . Lord Francis Egkrton then rose to defend hia own conduct in the matter of the Preston butchery . Of course he was quite bare that it was absolutely necfusary for tho boldicvs to five upon the people , aad that the magistrates who ordered them to do so were the very pink of humanity . Mr . G . Wood felt it a du'y ( connected as he had been with tbe proceedings 01 the magistracy in the Manchester district" ) , to bear his testim » ny upon this occasion—( hear . ) The charges that had been made were mbstamiaUy , that the magistrates had refused bail in some insraucts , and demanded heavy bail in othfrs , and that the prisoners had
experienced great discomfort in confinement . As to the lej : gth of tbe remands , they were loDger certainly than in ordinary cases , but not from any desire to make tbom longer than was absolutely n . cessary . As to the refusal of bail , undoubtedly , before the examinations werq completed , and before the magistrates knew the nature of the charges that might be made , they did not think it expedient to admit to - > ail . As to the wisdom of this course , he was perfectly ready to abide by tho decision of the House ; hi 3 own impres&ion was in its favour . Th « -n aa to the excessive bail , —it was in some cases required to bo large ; he felt , anxious himself , under the circumstance * , on which he communicated with tho magiBTacy ; but when it was considered that it had been by no an ana
certain that some of the prisoners had not rendered themselves liable for charges of high treason , he thought the House would agree that it was no more than wise and prudent to exact such bail as , without being too excessive , should secure their appearance to answer to the laws of their country . —( hear , hear . ) With regard to the question of discomfort , it was certuinly to bo re ^ rettod that persons who , in law , wero to bo deemed innocent until found ^ ui ' ty , should bo subject to any unn < cessary hardship wl . ile under detention : but some degree of hardship had been absolutely unavoidable ; for the gaols had b ; eu bo crowded that ( tho weather being hot ) some danger waa apprehended of disease , and the prison was whitewashed . Every effort , however , had been rop . de to render the inconvenience as small as pos : ble tinder this enormous influx of p-risonrrs . With respect to tho motion itselr' (<* onti » sued the Hon . Mtmbor , after a short , pause ) 1 have , personally , no
objection to it . ( A triumphant chter from Mv . l ) uncombe—hearty laugluer from Mr . Wakley , and ironical ones of " hear , hear , " from the House generally , ) because I havo no objection to inquiry , either into the conduct of tho magistrates or my ow / i —( laughter and ironical chocis . ) I must gunrd myself against boing supposed to arlrnit there has bcuniadeoutany ground tor inquiry—( ioud laughter ) or that thore has btcn shown any ju > t ground ot complaint on the part of the petitioning pnsonrrs—(\> ud laughter and "hear hear , ' ) ail of whom , 1 believe , hav <» boen found guilty of participating in the unlawful proceedings —( hear , hear ) More particulary aa to the conduct of Mr . Foster arid Mr Maude , 1 feel bound to declare that they are held in tiio highest esteem by men of all parties ; and 1 believe that the imputations involved in this motion will not meet with the smallest support— ( great laughter and ironical cheers . ) in
Colonel Rolle- ^ ton ( who spoke a most inaudible tono ) said the serious charges of the Hon . Mover were not worthy ot the slightest credit ; and that it w »§ . wdl known the conduct of the magistracy had not deserved the imputations directed against them ; but , on the contrary ,, had been justified in their proceedings by the dangerous incundiary language which had betn employed at the public meetings . ( Hear , hear ) The outbreak was not confined to persons belonging either to tho town of Nottingham or the county of Nottingham , but amougst the mob were persons from Derbyshire and other places , which plainly showed tliat , it wan of a most serious nature , and that the magistrates were parfetly justified in taking strong measures for its suppression in the first instance .
Captain Bekkelef 8 aid , it waa an injustice to tho gentlemen whose names were brought forward that this inquiry should not bo granted ; and for that reason , ho should support the motion of his Hon . Friend . Mr . Broth ertoh defended the conduct of the Mai » istra ' -e 8 and jfolice of Manchester . Lord Ikgestrie Fpun a long yarn chit fly from the affidavits of themselves in defence of the Staffordshire " Shallows . " He admitted that they hud committed an error , but he thought they deserved the gratitude of the country .
Mr . R . Scott supported the motion . The conduct of the magistrates in many of the cases alluded to had been , in his opinion , most unwarrantable . He know it to be a fact , that on the morning appointed for the trial of O'Neill , the Chartist preacher , because there happened to be a crowd in the street , without the slightest appearance of tumult , the Magistrates w > nt to the windows of the Court-house , where they had assembled for judicial business , and read tht Riot Act . In another instance , a person of the uanie of Cooko had been arrested for exhibiting a placard pTinied by O'Neill , in which thero was nothing seditious or improper , atd actually brought to trial on au indictment for stopping the Queen ' s highway , by putting a bill in hia window , winch the people had been induced to lead . Sureiy in these
ca . ~ es , tho liberty of the sut-ject had bten grossly violated . The Attorney-General had given no answer to the charges brought forwarii by the Hon . Member for Fiuabury . The Hon and Learned Gen'leuiiin saidthe £ o were not cases fcr . enquiry by the Huusp , but for indictments or aocions at law ; but although the parties aggrieved might proceed in each case , and obtain damages in a court of law , it was only by an inquiry before that House that all the oases could be fairly investigated , and the general conduct of the magistrates fairly ascertained . In matters of discretion he was willing to allow the magistrates every latitude , but when they procoeded ttt , breaches of the law , and gross invasions of the liberty of the subject , instead of preserving the public peace , it was * the duty of that House strictly and impartially to inquire into tht ; ir conduct .
Sir J . Graham wished , before the debate closed , to address a very few words to the House . The Hon . Gentleman who had just sat down would , he believed , be alone in the opinion that his Hon . and Leafned Friend the Attorney-General had made an unsatisfactory reply to the speech of tho Hon . Member for Finsbury . He would say with confidence , that a more full , complete , spirited , and satisfactory answer had never been given to any charge than by his Hon . and Learned Friend tonight—( hear , hear , hear ) . His Hon . and Gallant Friend , the Member for G . ' ocester , had truly stated that all the facts of this case had been completely disposed oF . Tae allegations of the Hon . Member for Fmsbury had been dealt with seriatim by gentlemen on both sides of the House competent to give evidence on each of the oharges . The Manchester case had been disposed of by his Hon . and
Learned Friend the Attorney * General ; the Dudley case had also been satisfactorily disposed df , notwithstanding what had since fallen from the Hon . Gentleman who bad just Bat down , by bis Hon . Friend the Member for Droitwitch ; there did not remain unanswered a single statement whioh had been made by the Hon . Member for Finsbury . The judgment of the Court oi Queen ' s , Bench bad been relied on . It was vastly well for the Honourable Member for Walsall to say that charges of this kind should be investigated by the House of Commons , but that case had already been carefully investigated , and sifted to the very bottom , by the highest tribunal of the country . It had been heard bufore a single judge , Mr . J ustice Patteson . Ha long hesitated whether be should grant a criminal information . The first inclination of his mind was not to grant it , but for the purpos-j of having a
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most important question sifted thoroughly , he consented to grant a rule . It came on-upon motion before th ' e Court of Queen ' s . Bench . The case was fnlly argued , and the judgment of tho Court was pronounced in the terms read by his Hon . Friend the Member | of Droitwich , He would not weary the House by quoting the precise expressions . It was true that costsiiad been awarded , but on the express ground , | as stated by the Chief Justice , that the magistrates were wrong in their law . The rule being that no criminal information should be granted by the Court vrlvere th © animus of the magistrates was held to be pure , the Chief Justice stated that the magistrates had to act in circumstances of great publio danger ; it being the opinion of the Court
thai they had acted in the midst of that danger firmly , honestiyj with the purest pad best intontiona , they positively refused to grant & criminal information ; at the same time it being admitted thai the magistrates wure wrong in law , costs , as he bad said , were awarded . Where , then , was the necessity for investigating this matter before a select 6 » mmutee 1 The law ! and the details had already -been fully cleared up by the highest tribunal in the country . But , said-the Hon . Member for Fin : bury , the magistrates Jwere dismissed with censure by the Court of Queen ' s Bench . He positively denied that . So far from imputing censure , theconcluiingseutenceof the judgment gave praise to the magistrates . The Chief Jusoico said , " The opinion ot the ^ e magistrates waa
hastily adopted , in a crisis of real dangor , and mon probably ; from deference 10 a general resolution . This induces us-, in conformity with the rule by which this court has regulated its practice , to decline interfering by a criminal information / and we discharge the rule ; but as the conduct of the magistrates was such as to justify tho application , thoy must pay the cof te . " He repeated his as ^ er'ion that with respect to the animus which dictated the proceedings of theso magistrates , the Court of Qieen ' s B « nch , so far from censuring them , discharged them without [ any imputation upou theiv conduct , la point of : law they were undoubtedly wrong , and they wore therefore ordt-red to pay the coats . With respect then to the Dudley case , there was no reason for instituting an investigation before a committee of that House . There mii : ht have been some doubt
whether , ; cons dering tho circumstances , that , the applicants entertained strong political opinions and were connected with a violent political movement , tho refusal to tako bail was or was not justifiably by law . His apprehension of the law always led him to believie that the decision of the Dudley magistrates was improper ; and any doubt which had existed on the subject bad been cleared up by the judgment ; in the case . It was needless to refer to the three cases which had bren tried at Lancaster . The petitioners were , first , the printer of a placard which the AtJorney-General had pronounced to be a document which , if not treasonable in iis characf . r , might , bo considered as bordering an the very verge of treason , when coupled with trie overt acts which had been committed , and this person pleaded guilty . The second petition was from thti Chairman of th « Executive Council from
which this placard emanated , and who was convicted ; and the ithird petitioner , who was acquitted , waa an individual in whoso chapel were hold Jtbe meetings of this Execuiivo Council , by whom thy dangerous and seditious , ii not treasonable , placards issued . ' So much , then , for the Lancaster and Dudley cases . He now came to the ca : < e affecting tho Honl Member for the county cf Nottingham , ( Col . Rollcston ) , wfco had given a most clear and distinct explanation to the House ; and tluy must remember that this statement , did hot . rest on any douhtiul authority , but that the Hon . Gentleman was himself a witness of all the transactions referred to in thii petition . The House must bear in mind that though , io this instance , one Jury tried all the
cases—tnough all the prisoners were included in the S'uae indictment , and were arraigned together , aua pleaded to 'hat indictment coiijointly—in ordtr to afford them a more fair trial , and to giv « them an opportunity of separate justification , they were classified and , tried separately . One Jury , huwever , had them in charge ; they pleaded to this Jury ; and his Hon . Friend had no choice , for the only course he could pursue was to try them by one Jury . Then an imputation had been thrown upon his Hon . Friend , that he was the committing magistrate , ai . d had also [ presided at the trial ; but a more n » onstrous proposition could not be advanced than that it was not competent to a magistrate to commit a person for trial ,: and then to preside at the trial of such person at the quarter sessions . The commiUal was made upon an ex parte statement , and the magistrate was called upon to consider whether there was ground for placing the accuced upon trial ; but , when
the prisoner was tried by a jury , the magistrate beard not only the accusation but iho defence . It wa-f , indeed , a case of every day occurrence that a magistrate , naving committed on an ex pnrte statement , was , at the sessions , favourable to the acquittal of the prisoner . He ( Sir J . Graham ) had long had the pleasure of an intimate acquaintance with thelHon . Member for Finsbury ( Mr . T . Duncombe ) , who had brought forward this motion . During his ( Sir J . G » aham ' s ) absence from tha Houbo last night , at the cl « -su of the discussion in Committee of Supply , the H > a . and G . illaiit Member for Maryiebone ( Sir C . Napier ) made ' an observation which Ftruck him as beiugextrein ^ y just . Th ' Hon . Gentleman said that monomania was the ord ^ r oi the day ( laughter ) , and he illustrated the re-mark by an allusion to the Hon . aud gallant officer the Member j from Brighton , observing that whenever the Poor Laws were mentioned , that Hon .
Gentleman- — : Captain Pechell ( interrupting ) . —The Hon . Member for Marylebone referred to an Hon . Gentleman behind you . ( Laughter . ) Sir J . Graham . —Whenever the Poor Laws were mentioned , the Hon . and Gallant Member for Brighton seemed always to have in his mjnd ' s eye that terrestrial paradise—that Gilbert Uaion in West Sussex— [ a laugh)—which the Hon . Gentleman painU'd in such glowing colours , and to which he had extended his especial protection . ( Laughter . ) When an Assistant Poor Law Commissioner wa . 3 mentioned , the mind of the Hon . Member for Knaresborough j ( Mr . Ferrand ) was haunte'i by images of Mr . Mottj , and by recollections of the K igliley Union
—( a laugh)—and he indulged tho House with a detail of the oppression to whioh the poor in the north of England | were exposed . He had always considered that the { Hon . Member for Finsbury ( Mr . T . Duncombe ) was a , gentleman of strong understanding , that his mind was unclouded by any vulgar prejudices —( 16 ud laughterj—but it appeared to him that the Hon Member was not quite free from monomania—( a laugh . ) That Hon . Gentleman seemed to be haunted with the idea that all the Judges were necessarily wrong in their decisions , —that all Magistrates were monsters of tyranny and oppression , — that juries could not properly perform their duties , aud that | Chartists were the brightest examples of innocence , and purity , and kindness . ( Laughter . ; This was the ] extraordinary delusion under which the Hon . Member seemed to be labouring . At that eventful period , at . the commencement of last Autumn , to
which such frequent reference haa been made to-night , he ( Sir James ) had , amidst much peril and anxiety , an opportunuy of forming a judgment as to the manner in which ihe magistrates of this country discharged their dut ' es ; and he would be betraying his trust if he neglected to state to the House that , if happily this kingdom then escaped the imminent and serious danger of an insurrection of a most formidable character , widely spread , and threatening nut sonly property but life—if this country escaped ( such danger without much loss of life , without the iiifl : ction of serious injury , upon property , its escape wa ? mainly attributable to the support which her Majesty's Governmeui received from the-magibtracy —( hear , and cheers . ) It might be invidious to allude to any particular instance ? , but two had already been referred to by tha Hou . Member for Finsbury—those of the Lords-Lieutenant of the Counties of Stafford and Worcester . The
Lord-Lieuieaant of Staffordshire wasnpt here at the commencement of the disturbances ; but the Lord-Lieutenant of Worcestershire was in town at that ponod , and at his ( Sir J . Graham ' s ) request , at the short notice of two hours , that gentleman went down to his county to disoharge his official duties for the preservation of the publio peace . It mifcht , as he had before observed , bo deemed invidious thus to allude to particular cases , but , as ihe Hon . Member ( for Finsbury had mentioned the Lords-Liouttnajnt for Staffordshire ami Worcestershire—Mr . TJ Duncom unsaid he had referred only to the Lovd-Lieuteiiant for Worcestershire .
Sir J . Guaham proceeded , —Very well ; then he would say , that from vhe commenGemcnt of these disturbances ho had received no more active anu efficient support from any individual for the maintenance of the public peace than had been rentier * d by the liord Lientenant of the county of Worces ter . VarioiiH subjects had been mentioned dunni ; this discushion to which it would be unnecessary fur him to advert , but he felt it his duty to refer to one point wHich had been tonched upon by the Hod . Member for Finsbury . That Hon . Gentleman had aB 6 ortcd-i-aud aa a military man he must have ma < k the statement with great pain and hesitation—that liquor was given to the soldiers at Halifax , that they were intoxicated before they were called upon to act , and that a breach of military discipline ensued . Now , until the Hon . Member made this assertion
, he ( Sir J ,. Graham ) had never heard such a charge mentioned , either in that House or out of it ; and , with all ! respect for the Hon . Gentleman , he must declare that lie could not place credit in the statement . The officer in command of the district in which Halifax was situated was a gentleman of the highest [ merit and of extensive experience , —an officer who maintained among the . troops the Btriotest discipline—General Brotherton ; at the head of the army of this country was an officer pre-eminently distinguished by his military talents , but in no respect more distinguished * hun by his invariable , never-flinching determination to maintain the ; most severe discipline ; and he ( Sir J . Graham ) was perfectly satisfied that , if any suoh accusation as that which had been advanced by the Hou . Member for Fmsbury could have been Bubsiantiated . itjwould . not have remained a seoretumil this
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time ; but the military authorities would hare instituted a most strict invastigation on the subject . The Hon . Member , with respect to his alluaioa to the case of Preston , had , received ' an answer upon matters of fact bo conclusive , that it tended to throw > some shadow of doubt upon his allegation as to W" 1 occurrence ? at Halifax . The Hon . Gentlemaa had I also expressed doubts as to whether the troops were - i justified in acting with decision at Black burn . It ^ I was a disgrace to this country to admit—bnt tha ; I fact showed the lamentable and dangerous extent to ? which the insurrection had spread- —that , for two or I three days during the month of August , the town 0 ? 1
Blackburn might be considered as in . a state of siege . I The troops durst not venture in small bodies beyond . I the precints of the town ; mobs of 12 , 000 or 13 , 000 persons entered the p laoe from the neighbouring ¦< districts ; the authorities interposed , and S , ve raJ prisoners were apprehended , and when they were ^ about to be removed an attempt waa made to rescue' ' them . —( Mr . Duncombe here expressed dissent v ' He ( Sir J . Graham ) said , an attempt was decidedly made at a rescue . The Hon . Gentleman said that ' >¦ the troops were so pressed , that when they fired they ' - were within two yards o £ the crowd , anu he quea « ' tioned the humanity of the proceeding , oc the ground that they did not use the bayonet instead of the mu .-ket . Could anybody then doubt what was the 1 situation of the at thi
troops s crisis , when it waa » stated that this band only consisted of thirty men ? $ That being the case it must be evident that they were I in imminent danger , pressed as they were on every * i eiUe by au immense multitude ; nevertheless , until ^ tbe order was giveu not a shot was fired , and whea I they did firo , in order to prevent as macb * as possibl e J any uunessary loss of life , they fired by single file , 3 until at length , having kept perfect order , they were 1 enabled to retreat , although they were so much pres- K i sed by numbers , evinoing , he wassorry to say , contrary ? to the usual character of English moba , a most sanguinary disposition , and armed with dangerous weapons . - One of the Hon . Members for Finsbury ( Mr , Wakley ) was a coroner . He would nottherefore .
, set up a committee of the House of Commons as " more fit to try a question of this nature than a coro- t ~ ner ' s jury . But , in fact , there had been an inquest which had tried the question , and which , after a long investigation , returned a verdict of " Justifiable - homicide . " ( Hear , hear . ) Then with respect to the conduct of the mayor—in his ( Sir J . Graham ' s ) ! opinion , that magistrate ' s conduct waa marked with \ the utmost intrepidity ; he was present during tha whole proceeding ; he took the command of the troops ; he did not order the firing until tae danger '¦ was pressing j he stopped the firing the moment the danger was overcome 5 and he ( Sir J . Graham ) wa 3 t bound to say that , in his opinion , by the good con- jr duct of that magistrate a very great service had I
been performed . The military head-of the troops | was satisfied with W 9 conduct ; the town was satis- a fied ; and if he ( Sir J . Graham ) mistook not , he had . been presented with the thanks of his fellow towns , v men for his conduct on that occasion . He had now wgone through th » principal charges brought forward t by the Hon . Gentleman , and he must repeat tht £ question which had been so forcibly put by his Hon . £ i and Learned friend the Attorney General , and he f ask-.-d the House to consider how dangerous motions f of this kind wero when brought forward under the f * semblance of maintaining the administration of s justice , and when in reality they interfered with i the due administration of justice , and never more fe so than on this occasion . A statement had been ?
made by bis Hon . and Learned Friend—it had been k " wrung from him—of what was the conduct of one fr imiiyidual at Manchester , when the delegates broka f up , after having completed the arrangements which i f th « -y had entered iato by a conspiracy ; his Hon . an ! £ Learned Friend had disclosed the speech which was §~ mi'ie by an individual who was then OB his trial at £ Sttifivrd for his conduct on that occasion . But tha * $ p rsons in respect of whom this motion was mad } % were at that moment awaiting the judgment of tht ff ^ Court of Queen ' s Bench , and the judges of that court % would shortly have to consider what their punisk & = meut should be . It was most painful to his Hoa J& and Learned Friend , under suck circumstances , to | s have to make statements whioh might have a tea « f
dency to aggravate tho punishment . of those mdi . a vidua ' . 8 . The motion , however , led to this , and so f j had a tendency to interfere with the administiatio i j £ of justice . On these grounds be thought it , wiih tin is Hou . Member for Kei . dal ( Mr . G . W . Wood ) , " ill . * f timed ; " he thought it" not sustained f he thought ii ^ " cart a stigma on the magistrates of the country , rjf In nil this he fully concurred with the Hon . Memba / & for Keudal ; but he must say , that having received * 3 t great aid from the Hon . Gentleman in his magiste- f ^ rial capacity , in the county of Lancaster , and & huving had occasion to know that , as the Lord ^ Chief Justice said , the magistracy did in tfa m main give their cordial Bupport to the man . fg tenance of law and the security of propertj , p still he must say that , having this ieelug % with respect to the conduct of the Hon . Member u | a magistrate , and having ' received every assisfcaaa j %
from him in his magisterial capacity , if anything f could shake his confidence in the firmuess and judj [ fr J ment of the Hon . Member , he ( Sir J . Graham ) did noi t say , in his capacity as a magistrate , but as a Mi mba % of the House , it would be to Bud him , after flavu ; % declared that ths motion wa 3 ill-timed and not sus- | ! a ; ned , and that it cast a stigma on the magistracy | frota some sensitive apprehension ibat his condutt s should be misunderstood , voting for it nevertheles IS —( " hoar , hear , " and laughter ) That he must s&j || E did strike him with astonishment , thought it coali pR no' shake his respect for tho Hon . Member ' s charat WL ter ; but he did hopo that other Hon , Member ksT thiuking ; with the Hon . Member for Kindal , wotfl § decisively mark their sense of this motion by puttug i " tho Hon . Member for Fmsbury in a small minontj . f ? Mr . G . Wood said , that it was solely on ik | ground that his own conduct was impeached by tha t- ** motion that he voted for it . t
Mr . Muntz did not appprove of the conduct i r these people ; he could not excuse their coudud , & > but at the same time , if it were not for the judgmst y of thr Queen ' s Bench he could not excuse the condtst g ^ of the Dudley magistrates , when they acknowledge 4 J ? that bail ou ^ ht to De taken and yet refused to tab 5 ^ u from regard to the politics of the parties . If & \ Q , teen ' s Bench had not shown these gentlemen thit - ^ tho magistrates could not do bo with impunity , 1 » * " should have voted for the motion ; as it was , b 5 should oppose it . t Mr . . V . Stoart had to state , on the part of & » Charles Shaw , that he waa most anxious to hxn an inquiry , and from his ( Mr . V . Stuart ' s ) acquaa- - canoe with that gentleman he must say he belief if au inquiry were granted , he would come out ofit „ , w ; th honour to himself .
Mr . AiN * -. WORTH , from his acquaintance withiin r circumstance , could say , ~ of the magistrates of Pi * ton , that iheir conduct was most exemplary in evflj trying and difficult circumstances . -j -, Captain Vivian said that the Hon . Memberfe % r Fitsbury ( Mr . T . Daacombe ) had stated that * ff * troops at Halifax had been given drink , to mib y ^ them do theix duty . Now , here was no dnvy * |^ r paiaful to a soldier as to have to suppress disW- & ~ bances ia his native country , and he thought tW |^« the House agreed with him that no blame couldh $ <" cast on the troops for their conduct on that occasi * g " The Hon . iviember ought to be more guarded 8 if * hi 3 lauguage , because few things were litelyt * f ^ be more painful to a soldier ' s fee-sings Ehan the ar ih - putation the Hon . Member had made . t
Mr . T . Duncombe said , he only stated that til $ troops had acted under the orders of the mi& # traies , and not that the troops wefe responsible # v what occurred , and that a gentleman gave moaty * whioh money was spent in drink , which the solduS V ; sad previous to their being called out and pn viw to their acting . Hb had also stated , that iu Bias- - » burn ale and cheese had been supplied by tl . e c habitants to the soldiers beyond what they iw * \~ entitled to . Whether they had a ri ^ ht to do so * not , he was not disputing . But he must say that " had a very bad appearance , and was complained « i that the military previous to being called outsit L in some places receive money , which they spent B tt " intoxicating liquors , and in Other places ratfj ^ V beyond what they were entitled to . TheHon . MemW ^ <\ for Birmuiahom seemed to thiuk that bis ( Mr . Pi * *? ,
combe's ) motion waa directed against Messrs . 3 &W ± Ka > id Car ' wrU . ht , bat that was a mistake . He < & Q , ^ not wa it to inquire into their case . It had W Wpi disposed of by the Queen's jJench . The rale I * 4 fJ j bem dismissed , and they ordered to pay th 8 c ^ . ^" Hu reptaied , therefore , uiat their conoid hadw * * x cent ured b y the Chiel Justice of thai Court , and t » ; -A was surprised when tbe Highfc Hoa . Baronet r el » \ , ^ 0110 pen ion of that Judge ' s opinion that he had BW £ 3 ahjo read that portion to which he { : \ i . DtincoiD »« ^ had reftri-. d . ( Sir J . Graham— " Yea read it yo < £ ^ s- if . ' ) Tiiere were ihe / i but few Members in «* gy Huusc , and he would read it again . The Hon . v&' Ep : \ iihj . u having done so , proceeded to observe , ' ?* W * however sonu Honourable Members might flu * jp ihu . ; e magistrates entitled to the confideuco ofj » Hp ? House , his belief , founded on the opinions of W « ^ Hale , Blackburne , and Denman , was , that »?« J S- ^ were guilty of and indictable for an offence again ** g ^ tko libaity of the subject . The House might bes »* ^ fTSfk ( Concluded in our first page . ms ;
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Middlesex , by JOSHUA HOBSON , at Ba , f ^ . m ing Offices , Ifoa . 12 and 13 , MwrMt-fstrest , ^ £ : H aad Publish ** by thr arid Joshda Hq ^ S ( for the said Fbahgus O ^ Cosmob , ) i * tl " ^ S Ung-hou » , No . V ^ fcM ^ i ' ^ M ^ SSH iaternal Cwnmualcatkn wdaUaf befeweatttSa- * Sm No ; 5 , Market-street , ^ and . the said : Nos . 13 ^| M IS , Markefc-atreet , Briggate , thua constitatu « W .-MB whole of the said Printing a » d publishing : < ^ r WL ona Promises . - . -9 AllCommumeationB nraat be addressed , Post-pa ^; , H Mr . H 03 SQN , Nwikern Star OiSee , I *»< I * S { Saturday April 8 , 18 * 3 . ) B
Untitled Article
fl THE NORTHERN STAR . ' -
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Citation
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Northern Star (1837-1852), April 8, 1843, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct645/page/8/
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