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DEBATE ON MR , BUNCOMBE'S MOTION . ( Continued j ' rom ' jo ^ xr Seventh page . ) pel them to acquiesce in jonr demands . Nsy , soine of tbe speakers declared that the way to carry the Charter -was to do as it-was said was dene in the ease of tha gre& £ Charter—go in a body to the Queen , and make the demand for it . That -which Is not altogether inconsistent with the history of Magna Charts was mentioned for the pnrpose of inspiring the people with a notion that , if you went in thi 3 formidable bedy to the Qaeen . the Government wonld be paralysed , and the Queen herself compelled to p- » ss such laws -as would , if they did pass , put the seal to her own destruction , and to the detraction of the constitution . However , I will not
enter into a discussion of the principles of the Charter ; for whether light or wrong in your speculative opinions , is a matter of no consequence . Ths chan- " - -. that yonartended illegal meeting ? , uttered :. S . ^ saatory speeches , advised the people to cea = w from labour , and did all this with the design of procuring by such violent and unlawful means , & change in the " constitution of the canntry . The offence is iho more dangeron 3 , on . account of thB extent of the conspiracy , and the organisation which seemed to prevail . It seems that yon , Robert Wild , was appointed a delegate to sit at Manchester , at which abont 300 tress present . The question of the Charter ' was there discussed , and put to the delesates ; and the great majority were for making the
• Chartera national question . Why I know not what is to become of the constitution of England , if the people are to be allowed to hold illegal meeting ? , appoint delegates , and exercise the right of legislating—if cos for the national large , t £ t least for the portion of it that is willing to submit to them . Le : me tell yon , that it is owing to the lenity of the Government in prosecuting you for a misdemeanor only , that yon are not indicted for the crime of high treason 5 for I am mneh inclined to flunk that the principal feature which characterized all 5 oar proceedings was a design to subvert the Government ; and such proceedings I am by no means prepared to say would sot have "keen held to b 9 high sreason , if you had been charged with that offence . I
say , therefore , it 13 solely owing to the lenity of the Government that milder proceedings have been instituted against you ; but the Lord only knows with ¦ what success this lenity will be attended . The desire of the Governmens is , that you shoula ba conciliated to your country—that you should no lorgcr declare "war against it , or resolve to effect a revolution which ¦ will destroy your own comfcris and peaes ; for , supposing thai your machinations should be attended with success , asd ali were to become labourers , consider how much more labour would be brought to market , and with what a depreciation it would be attended , Iaai willingtooelieva tha ; someofyoahave been deluded ty those who have nad more wicked objects than yeursebesin view ; and an opportunisy
mil be aSorded yon by which yon may ytt become faithful subjects , on a more jast consideration of the principles upon which all Governments are established . This consideration may induce yen to come to the concluaon , that you must take Governments £ 5 yen find tkem ; and that , if any improvements are desirable , they must be made by jjradual and progressive reasoning , and through 1 ^ e rced . am of those who are empowered to revise a ^ d ameliorate the laws for the genera ! benefit ; " HeOlr . Donccmbe ) should be . glad to hear from the Attorney- G ineral and the Right Hon . Baronet ( i » ir J . Graham ) , whether they could defend and jostifysuch doctrines as these—( cheers ) . At Liverpool , Lord Abinger ' s charges were equally extravagant and uneonssitntionaL and there ,
perhaps more than any where else , Lord Abinger failed in the duty which attached to him as a jodge , of being counsel fur the prisoner , not an admcare for the Crown—( hear , hear ) This failure of duty on the part of the judge wa 3 in this instance the more to be deprecated , in consequence of the extraordinary stnpidity of the jiiy . There were some unfortunate people tried lor stealing bread . Taeir names were M'Conaick , Reed , Plati , Dayies , and Cask . " The jury "—he wa 3 here quoting ihe report of the proceedings— "returned a verdict of guilty against all the prisoners ; but the foreman said they recommended Platt to mercy . The judge ihen asked the foreman , who did not appear to be very intelligent , what grounds he had for the
recommendation , when , amidst xnnch laughter , he replied , that from the prisoners' ' own discourse , * ihey did not appear to have bsen among the mob at all , bin in other places . HIb Lordship told ihe foreman , that if the jary did not believe the prisoners were in the mob , _ tnai this disbelief entitled them to a verdict of acquittal , and no ; to a recommendation to mercy . He added , that tor his own part , he cunld see no doubt in the matter . " Here was a remark to fall from a judge—( hear , hear ) 1 The jury hesitaied , bm the Judge immediately told them that lie could see ^ no doubt in the matter . " What ¦ was the consequence ? Tbejarj immediately returned their yerdicr , found all the prisoners guilty , and they -were immediately sentenced to seven years'
transportation . —( hear , hear . ) Mark how this occurred . Tfco jury doubted , the liberty of the prisoners was trembling in the balance , when up go $ the Judge , and said , There could be no doubs in the matter . " —( cheers . " ) He now came to another case : — " James Kelly , Andrew Cosgrove . and James Dalan , were charged j ma jvrring , on Tuesday , the Sth of Arnrnst , unlawfully , tunmUuoasly , and noujusly assembled together , and feloniously demolished the cull and premises of Messr ? . Stirling and Beckian , in Lower Moseley-irrees . Tbe pri-ocrs pleaded not guilty . Mr . Wukiiis said that he appeared for Cosgrcve ; but the Attorney General stated to the Jury that he should not press the charge against him , 33 he found that the allegations consi-sted of an excression used
by him , which did b ^ i legitimately bt-ar 1 he ccnsirnciion put upon is Zsj tbe police-officers . He vMr . jDnncombe ) was now only showing ths want of intelligence on the pars of the jnry , in order that the House might see how likely they" were to be wrought upon by a Judge taking such views as Lord Abingcr . The report of the proceeding 3 in this case , continned in the ? e terms : — " The foreman a&ain manifested the calibre x > f Ii 3 intelligence by saving that they found Cosgrove guilty also , after thedeciarationby the Attorney-General , in hi 3 address to Ihe jnry , that he should not press the charge against Mm ! _ After the Terdict had been recorded , his Lordship ordered Snperintendfent Siephenson to be recalled . On entering the witness-box he was asked
to describe the state of Manchester on the day when the above offence was committed by the prisoners . He did so , and said that there were upwards ol 10 , 003 persons assembled . Lord Abinger : What was tfeeir object 1—WitEess : a large number of persons came from other townE ; and they went from mill to mill , and compelled the men ioleave work . Those who did so joined she turnouts , and they continued the attacks . Lord Abinger : Just eo . I shall pass sentence upon these men now . The prisoners being ordered to s-iand up , his Lordship , addressing them , said , —You have been convicted by a jury of yonr counirv of a rrry grave and serious onvae-j , " Here he ( Mr . Buncombe ) must remark thai the manner of the Lparced Judge
in addressing himself to the prisoners , and in passiog sentence npon them , was described ro be such as to hare created & thrill cf horror throughout the conri . It wa 3 indeed so verv narked and striking as not to escape tbe comments even of the bar—( bear , hear . ) The repons in the cewspapera -were ncs suScieni . to show the manner and tone of Ike UoWe Lord ia passing sequence . Ho ( Mr- Dnncombe ) was told that in the instance to which he was then referring , and upon a . subsequent occasion , the Learned Lord ' s manner was most indecorous and brutal to these men—( hear , te 3 r ) , —and that he applied erery sort of opprobrious ep'Oict to them , such as " rabble , " " vagabonds , " and othuterms of the like kind —( hear , hear ) . These cxprassions were reported in Tery mild terms in the newspapers . The report made Lord Abipger continue his
address ro the prisoners in these term .-: — "Surely yon have heard , or ought to have beard , thatis is the peculiar blessing of the const-it a ti : > n of England , that there is no country in the world iu which there i 3 such ample security for persons ! liberty , and for the property of indiviaual-. Bui if whacyou have been doing should be toioraie *! , of what avail -trould be the law ? Of whai use , 1 ask , would be the making of laws , if such rltbble as yourselves should presume to usurp that authority , and to compel your fellow-workmen to abandon the " -r mdnstriops employment ? The law is a law of great leniaicj and great forbearance . It d ^ -s no : inflict penalties uson a man who quits hi 3 usyto % - meni , and sxsziders cbest in idleness . " Tat ? JsWiu and Learacd Lord isc-a sentenced these men to twdre months' imprisonment with hard labour . In another case , -vyfcure the offence was that of
pealing tre =. d , tne newspaper report said—- - ^ J **?* - ?* afrer addressing the prisoners gS ^ TS ^ X * 2 SS 3 £ ! y 2 ^ K ^ LS . ^^ TTJSS ^ SKSi ^ -S tsgt hadStS bWn ^ f pn - ; Qlier 3 Joined , saying they time before order iSSSefJtiS Jw »™ rned
— x « wa Judge iauaediatelv passed 4 ntesce ' and , after commeming upon thefite 5 wS ? S l ' ? m 5 » and liefa ^ ot there SfeSb « S ? o zgrtfss . sl ^ 7 ^ x-BB one year . His Lordship exposed Ms mSJ" Si = SW ^ fe ^ i « S ^ . irssfiihrass ! Lord ' s conduct it required evidenee , and thaiTvi- denee must be obtained m the form of oral testimoaj , ' to give the House an idea of the tone and mann « - is ' l ^ ach kB ^ onancted himself towards the prisonara MelUr . J ) oacambe ) had j-eoeived statements from ' [ PffiQW WM > Fere readj to come forward and sub- j
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stantiate upon oath the accuracy of whatthey narrated . One of these statements , coming fron . a tao&t respectable source , said : " Messrs . — were at thB trials , and will come forward and give an account of the manner of Lord Abinger whUe passing eentence ai » d summing up ; th-. y describe his manner and appearance as barely human , and that at the mention of the * Charter , ' he appeared to lose all self-command , grinningmoit demoniacally ; and as proof of his antipatby to t > . ose who advocated Chartism , two men , from a place called Dukenfield , near Ashton , stated ihat they were not Chartists ; one of whom said , he never allowed the Charter to be mentioned in his house . In answer to this set off , Lord Abinger smiling , stated ' fce shculd consider their case V
Since then a memorial has been sent to the Secretary of Stat *» , and they have been liberated , though they were charged with the same offeuce as several others who are now suffering the extreme penalty of human misery : their namt s are Torner and Fenton . Fairhurst was convicted of thts same offancej ; his friends sent a memorial to the Queen , signed by most of the influential men in ihe neighbourhood of Mottram , together with several magistrates , praying for a mitigation of his sentence , which has been refused , whilst the other two , who disclaimed Chartism , were released . The whole affair is altogether so disgusting that I will noi insult you by offering any remarks upon it . The facts—the damning factsspeak for themselves . " He ( Mr . Duncombe ) believed
this to be perfectly trne ; and with thi 3 pr » Jadic 5 created in the mind of the jury and of the public with regard to Chirtism , it was impossible that the prisoners could have a fair trial . If these were mere passing speeches , they would not muoh signify , even though they came from the lips of a Judge ; bar when it was considered that they were terms employed upon the judgment seat , and addressed to men who were now undergoing the punishment pronounced upon them , the House would see that such conduot assumed a very different character—( hear , hear ) . He would now refer to the testimony of James Allinson , late a prisoner in Knutsford gaol . This man said : * ' I am prepared ( if necessary ) to make oath of the truth of the following statement relating
to the treatment of Robert Wilde , &c , in Knutsford House of Correction . 1 . That Robert Wilde told me that he and the others who went into the House of Correction together , were met by the governor , who said , ' Now you have been sent here to be punished , and 1 will take care yon are punished ; for let your treatment be ever so lenient whilst yon are here , I wouid not give much for y « ur constipations when yon go ont '—( hear , hear )! 2 . 1 heard tkc- governor say to Robert Wilde , ice ., in tha day-room , immediately after their arrival , * Bear in mind , you men who are sent here for a long time , our rnles are very stringent . Yon "will have jour bread stopped for the slightest offence , and 4 ? that should happen often , you will never be able to
stand your punishment ! ' 3 . Samuel Lees told me * that he and the othereiwho were brought in with him were taken to the tread-mill on Wednesday afternoon , that being their turn according to the usual practice ; and that on the following morning ( Tuursday ) they were again taken out to tread tho mill , contrary to all custom , for the amusement of several ladies and pentlemen , who were anxicus to see the fport 1 4 . Samuel Lees further stated that he was sent to weave against his will , as he would be in the samo building as thieves and vagabonds of the vilest description , and , also , as his overseer wasa felon ! 1 give ii » 3 my solemn conviction , that the unfortunate sufferers now confined in Knutsford would ( as I
would myself ) much rathes be transported for seven yt-ar 3 than undergo the punishment inflicted on prisoners in Knukford . I further affirm it as my opinion , that if they survive their long term of imprisonment , their constitutions ( which were strong and healthy on going m ) will not be worth having ; tor , before I came out , I marked with deep sorrow iheir altered countenances . The food is of such an inferior < jnality , together with being so short , and their anxiety for the fate of their wive 3 and children beins so great , that death would be much preferable to such a lengthened period of inhuman torture . " In addition to this , he (^ J r . Duncombe ) had a letter from Lees himself , addressed to his wile . It was as follows : —
" Dear Wife ^—I write in hopes these few lines may find you and my dear child , my father ind mother in good neal ' . h , likewise my sister Martha , as they leave m 8 jn but moderately good at present , as I have sufftrred Htely aliijle ixom icdigestion ; your visit gave me grtat pleasure , particularly when you told me that the master and manager had behaved so well to you in my absence , for which you must give them my thanks . ** Dear rrife , I wish to give yoa a little advice how you shonld act in getting up the memorial to her Majesty , iu order to get iny terra of imprisonment shortened ; first , then , I must show you where the evidence against me was defective , nay , even , false . They swoTe that I spoke at the meeting , on the 7 th
Gf August Ia 3 t , of which scores can testify to the contrary . Secondly , they swore that I did , on the 12 th of Angust , state that I had been to Mr . Dalion ' s , and asked a donation , he refused to give anything , I therefore advised the people to go and st ^ p his works ; this is false . But the fact is that on Friday morning , the 12 th of August , a meeting was held at Wimberry-hill , when Mr . Daltou ' s foreman came and stated that his master had a quantity of goods in a spoiling state , and he asked permission of the meeting to be allowed to finish them ; .= ome part of the meeting seemed disposed to refu * o bia rcquv-st , at wh-. cb . I rose on the hu&tings , and advised the peop ' e to grant him permission to finish his goods , which was soon granted . On the evenins of tho same cay another meeting waa held at Wadden-? augh-green , when s-wne person told the people that
Mr . Dakon had b . en swearing in a number of specials ; and what I said at that meeting was , that Mr . Dalton's works were going on till the goods were ont of danger , and that the meeiing , I hoped , would not interfere , but allow them to go on ; that was the substance of all what I stated . Mr . Lodge can speak to what took place at the meeting in the morning , and I shcultl like him to put a line in your letter to that effect . Tnese and many other facts I stated to the Attorn' y- General at my trial , and he advised ihat my iritmis should memorialize her Majesty to get my time shortened . You must nee some of my intimate friends , and they will give you their advice and assistance in the ma ' . ter . I feel certain tkat should I remain here the whole of my time , on my liberation I Bhall not have a constitution worth having , should 1 even continue in moderate health , which is far from beinj ? the case at present .
" 1 wish you to give my best respects to the manager , overlooker , and all my old shop-mates , hoping they will give their assistance , and all my friends in the villages around you . " I shall be very happy to see you the first Monday of April , or my sister Aiartba , or auy of my friends or arq-jniiitances ; if you come bring the child with yen . " I hope yon will keep up your spirits , as your unfortunate husband ha- ? < iono nothing that he or you need be ashamed of . Write in answer toon , and give me all the information you can . " 1 remain , dear wifs , your affvctioRate husband , "Samuel Leis . "' Rouse of Correction . Knutsford , Jan . 16 . 1843 . Robert Wilde also wrote a letter , giving a mr . ' ancholy description of Li-s health , and ccnvlainiDg of the conduct of Lord Abioger . It was iu these terms : —
. Dear Cousin—These few lines como with my kind li . y e to you and jour family , hoping to find jou in good health and spirits , as they leave me moderately at present . I received yonr vcy kind and welcome letter of the 12 ch inst . To i- .- ^ in my very short letter , I must inform you and all our friends m the neighbourhood from which we come , that we can be visited on the 2 nd of January , * or not till the first Monday in the next csonih , at tbe hours of ten and four o ' clock . 1 shall be glad to see y-ju here , 1 / you can make it accord with your enga ^ -canvnts , aloiig ' . v-. th either my father or brother , or aty other friends . Tne period of my liberation approaches but tardily , but I shall reconcile mvseli to ir . e lot of happiness which falls 10 my shareT And
: n oWer to make the best of my JoiMJre time aP . er ivoric , and to have a little improvement for the n > ind nipjjied with the tonnres of the body , 1 wibh tin ra when they come , to bring the following book- ' , namely—M'Culloch ' . eand Cobbett ' s Grammar , Hiniih-on ' s Geographical K-y , and Walker ' s Pr > nouuemg Dictionary , and I sha . ll feel much pleasure in rec-i iving frouj yoa any small work which your library uff- 'Tds , sentimental or scientific ; nothing theological or politics ! will bo allowed . I send my very brs : and affectionate love to ray dear wife and cbildrta , to ray iVber and mother , to my brothers and si ^ cr ?; , ana 1 send my sincere and warmest respec . s to all frieiidtf , particularly Mr . J . Mills and family , Mr . Hall . ai : d other real friends , who have given iWir liberal asi&iar . ce to the wit-owed wife and father ]< -ss .
children of the unfortunate Robert Wilde . * * * Dear Sir , you may form an opinion how easy it is 10 be contented upon such scanty allowance . Tr > r effects are already visible in my body , and phyica . 1 strength so far impaired that 1 tremble when 00 my Ieg 3 after the least exertion . You will cease to be surprised when I tell you that mine is not the only case of this kind . Tne effects of confinement and poor diet have reduced me extremely low , which yon wi 31 fee when 1 tell you that on my arrest I weighed 11 ^ stone , and now only 10 s-tone 3 pounds ;
consequently I have lost only one poand per week for the sixteen « eeks . We are compelled , when exercising , to walk with our hand 9 behind us , which I find very ioconvenieBt { these cold dayB . I wish to nave a pair of gloves . I have applied to the magistrate to be allowed more food , but without snecess . " My paper is nearly full and tine expired , I shall , therefore , close for the present , hoping that yon will forward this to my father or wife , acd a copy of it to a ^ ottra m . By attending to my earnest request you will greatly oblige your affectionate cousin , ... .. " Robert Wilds . ¦
_ Knutsford Honse of Correction , Dec . 16 , 1842 . " he ( Mr . Dnncombe ) said that these individuals thus harshly dealt with were , to all intents and purposes , political prisoners ; that ii was not right or inst that
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And after that oa the 1 st Monday in April .
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they Bhpuld be treated either as Lord Abinger had treated them , in the first place , or as they had since been treated in the prisons in which they were con ^ fined ( hcar , heat ) . I hope , continued the fcioaourable Gentleman , that I have now said enough to justify an inquiry into the conduct of this Learned Judge < hear , hear ) . At all events , her Majesty ' s ministers are resolved to Btifle this enquiry—if they are determined not to accede to it—I hope they will at once stand up in their places and manfully say whether they approve of the political harangues which were delivered by Lord Abingor from the judgment seat at Liverpool and at ChestcrKhear hear ) . Let us know whether there are any of you who sympathise with the unconstitutional doctrines of law laid down and
insisted upon by this recreant Whig ( cheers ) . I wish to know whether the Righ t Hon . Baronet ( Sir James Graham ) sympathises in the political views of such a reprobate ( hear , hear ) . I believe that the feeling throughout the country is universal in reprobation of the conduct of this judge , and that the people will not be satisfied nuless some inquiry is instituted ( hear . hear ) . But , if it be incumbent upon any persons in this house to assent to an inquiry , it ia most especially so upon the friends of Lord Abinger ( hear , hear ) . If Lord Abinger has been unjustly accused they will have an opportunity , if my motion is agreed to , of proving the falsehood of what I have stated . And there is the sense of justice in the British people , that if they feel that an mdif idual
has been traduced and wronged , they are alwsy * too rrady and too happy to wipe away tne wrong and to render him full justice ( hear , hear ) ; and upon my head , and upon the heads of those at whose instance I bring them forward , will recoil all the ehame and disgrace of not being able to substantiate tbe allegations we pat forth ( hear , hear ) . If the government shrink from this inquiry what will bo the opinion of the public ! This judge is , to a certain extent , their servant . He was appointed by them . The public will say that you shrink from the inquiry , because circumstances may come out that would implicate yon-selves ( hear , hear ) . But if , by the force of a majority in this house , you stifle the irquiry I propose , what is to become of this Noble ai . d Learned
Lord ? Will he be respected by the people when he goes agaia to occupy the judgment seat at any of your country assizes ( hear , hear , hear ) ? I maintain that he will not . No ; he must be content to allow his name to be added to that dreadful and alarming list of ernnned delinquents of former times who , forgetting alike the duty that they owed to their country and their God , arc only remembered iu « ho . se days hy the law that they violated , the persecutions that they promoted , and tho judicial murdrrs that they committed ( hear , hear ) . But I will hope for better things at this day . I hope that this house ia prepared to do its duty on the present occasion ( hear , heir ) . 1 call upon you , for the sake of the poorer classes , to institute this inquiry . I call upon you , Gensl emen , who support tho government on all occasions , to vote with me in favour of this motion . I tell you that your character is also implicated in these
transactions ( hear , ht-ar ) . I call upon you therefore , for the sake of the government—for the sake 0 ? the institutions of the countrj—but , abovo all , for the sake of the fair and impartial admimi&tratioa of justice—to accede 10 tho inquiry which I now most earnestly , but most respectfully , implore you to grant ( cheers ) . The Hon . Gentleman concluded by moving — " T . iat , petitions having been presented to this house complaining of the conduct of Lord Chief Baron Abin ^ er when presiding as judge upon the execution of tho late fpta ' al commission executed in the counties of Chester and Lanoaster , this house do summon witnesses to the bar , for the purpose of ascertaining the language used by the said Lord Chief Baron . Abinger in charging the Grand Juries , and in summing up the cases to the Petty Juries who were empannelled under such Special Commission , and also in passing sentences upou prisoners convicted under the fame Commission . "
The Attorney-General said that he rose on the present occasion to meet the motion of the Honourable Gentleman by a direct negative . Before he addressed the Houio on the subject brought more immediately under its notice , he claimed their iuiiulgenco , inasmuch as he had been alluded to in respect to matters in which he had been personally concerned , to state the part which he had taken in these proceedings—( hear , hear ) . This was a charge madt against Lord Abinger as the Judge who was appointed to preside at the Special Commibsion issued into Cheshire aad Lancashire in 1842 . He had not beard that against the conduct of the Crown , or the immediate servants of the Crown , there had been uttered one syllable of complaint . He ( the
Attornfy-General ) conducted every one of the prosecutions which the Hon . Member had alluded to ; and it was he who addressed tho juries and called for the punishment which was inflicted upon them . He was not aware—( he might be mistaken altogether in the view he had taken of his own condnct)—but he was not aware that one single expression was uttered in any part of the kingdom against the conduct of ' the Crown or the law officers of the Crown . It was very remarkable that the conduct which the Hon . Membor had imputed to the Learned Judge should be open to the remarks he had made , and that thu admistration of justice , whic ! -: ( not by the Hon . Member , but by other perrons ) had been so extremely calumniated , as it respected
that Learned Judge , should have left all other parties who bad taken an active part in the prosecutions whol ' y untouched . Tho course adopted by the Crown in those prosecutions was , advisedly , tho most lenient course that could bo taken . Ihe charge of high treason might have been , and that successfully , prosecuted , but , under all the circumstances , it was thought better not to prosecute for so serious an offence . In the calendar before Lord Chief Justice Tindal there were charges of high treason ; and a difference between the address of Lord Chief Justice Tindeland that of Lord Abiuger had been pointed ont , and the commendations bestowed upon the language of Lord Cbiel Justice Tindal appeared to be for the purpose of rascing odium on Lord Abinger . There had , indeed , been censure in the newspapers
upon the introduction of party politics into judicial charges ; and those censures would have been perfectly jn = t , if the faets had warranted them ; but he denied that in fact Lord Abinger had introduced party politics at all . In Mr . Kenrick ' s case , the charge made hsd no relation to the conduct of that gentleman as a judge ; and in Baron Smith ' s case , tbe order of the Bouse for a select committee to inquire into his conduct was a few daya afterwards discharged by the House itself , on the ground that it was not becoming so to deal with judicial character . Tho House w-juKi permit him , beforo he went into the charge against Lord Abinger , to call its attention to what was the state of the country at the time the special commission went down to conduct the trials . Ho did this with very great regret , and lie owned ho . could have vjiahtd vha . t the Hon .
Member had postponed his motion until the most important of those trials , as far as tho county of Lancaster was concerned , had taken place—( hear , hear ) He ( the Auorncy-General ) felt himself compelied to speak with great moderation , when the language he was using to-night might be circulated through the couuty of Lincastcr , where he had to go to conduct a trial cf the greatest importance—a trial against the leading and most important offender in this very case . But he must do justice to tho conduct of tho Noble and Learned Lola whose coadnct had been attacked . The House might not be aware that there br-jke out , in the course of a very fchort time , an insurrection , that involved no less a space in extent than seven or etaht , counties , la
Cheshire and Lancashire there were stopped no less than fifty to one hundred and fifty mills ; and he was speaking within compass when he stated that above 50 , 000—( 1515 , 000 , he believed , would be nearer tho truth)—persons who were willing to work , but who were awed by the proceedings that were occurring in those two c- > uutiee , into an entire abstinence from it . In Lancatt' -r and Cheshire , he was extremely happy to say , none of that violence occurred ' which took place iu other parts of the country ; but there were disturbancss even in tho ? e counties , and m some instances life was lest , and for &ome teu days or a fortnight there were lar ^ e bodies of ns ea , varying from 2 , 000 or 3 , 000 , to 7 , 000 , 8 , 000 , or 9 , 000 , marching about the country , stoppiug all the wills
and preventing any one carrying on any species of employment . At Manchester a body of 9 , 000 marched to take possession of the town . They prote .-sed to eu ' er under the bannj ? r of peace , and they gave such promises as induced the civil authorities to withdraw the military and permit them to come " 1 : 1 . The moment they entered the town they dispersed themselves iu all dircctious , and tho shopB were shut up , the provision shops were broken into , and many , by threats and intimidations , were compelled Jo supply food to the rioters . In one case the workhouse was brok en into , and the provisions made for the poor were carried away by the lnob . At this time at Manchester there were two descriptions of political bodies . Some of them issued placards of
a most inflammatory character—in which they advised the people to arm themselves , and rt-sist the tyranny under which they laboured—to cease from labour—to take care and arm , and holding out promises that within a certain period , if they were prepared to use their power properly , they should get the Charter . He admitted that the question respecting the Charter had nothing to do with the administration of justice—( cheer 3 . ) But he would ask , wa » not Lord Abinger right , when he came to consider in what way he should address the Grand Jury of Cheshire or Lancashire—was he not right in pointing out how nearly the conduct which had been pursued approached the erime of treason ; although
it was perfect ' y lawful to discuss in any way , either by pamphlets , lectures , or even in public assemblies of a peaceful character ? . But what Lord Abiuger had chiefly pointed out to the people in his charge to the jury was this : — " You have no right , by force or menace—by forcing persons to obstaiu from labour , and by : interrupting sil tbe peaceful industry of the country—to carry terror and something like civil war into every village and parish in the kingdom , for the purpose of effecting any political object you may have in view . " This was th < j subst ancpof Lord AbiDger's address ; and for what purpose did these people thus act ? To carry tho Charter—( hear , hear , hear . ) These were the acts against which
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Lord Abinger's charge was directed , and it was nothing like a charge against the right of full and fair discussion—( cheers ) To such an extent was this system of intimidation carried , that in no leas than four or five towns there sat committees , called committees of public safety , to mitigate the terror of the mob , and to permit persons to perform certain works of necessity or # f mercy . If , for instance a person lost a near friend or relative , and it became necessary tot him t © go into mourning , the tailor waa obliged to app'y for leave from tho committee of £ > afe ! y before be could work—( hear , hear ) . It was giveu in evidence , and the documents were produced , proving that men went to a committee , composed of some t waive or fourteen mechanics , oaliingth . mselves
a committee of public safety , who would give them a ticket certifying that it was fit they should be allowed an infraction of the rule , and the next morning the committe themselves would meet the people in the market-plao : \ and detail to them the license they had granted to these persons . He did not mention this with a vtcw to show that it was morally wrong to collect labourers together , but to intimate to the Houso how deep , extensive , and well planned the schema must have been , when it spread throughout Cheshire and Lancashire . Six or eight cases were brought forward ,, aad two were fully established . What was the state of things in August and September , when the Special Commission went down to try those prisoners ! If the most
extraordinary vigilance had not been used to prevent the spread of insurrection , it would have been difficult to anticipate what would have bsen the lamentable results produced by the efforts of force and intimWiiion to carry the Charter . Lord Abinger ' a charges had been published with his own sanction , andit was not pretended that they had been altered or coloured in that publication . To the charge ? , as fchu 3 publibhed , he would therefore , refer . They contained some observations on the value of the country ' s institutions ; and he would maintain that a J . uo ' ge was as much entitled to advert to such a topic iu a political trial , as he was to observe upon the value of morality and decorum in a trial for any offence against private society .
Tne Judge did not say , nor mean to say , that all attempts to produce-a change in the law or constitution are unlawful ; but that any attempt , or any conspiracy to work this change by force or by the terror of an assembly of thousands , was a breach of the law . An insulated paragraph must not be selected and harped upon ; each passage must be taken in connexion auri with reference to the entire subject to which it related . The sentences which had been so loudly condemned were not those of Lord Abinger alone ; they all were made subjects of deliberation between him and the two Judges Alderson and Cresswell , and were the result of the united judgment of the throe . With respect to the sentences , ho would ask the
Hon . Member if he had taken the trouble to contrast the sentences at Slanvrd and the sentences at Chester and Liverpool ] Had he compared the sentences passed by Mr . Justice Cresswell and Mr . Justice Aldersotj , in the other two courts , with those of Lord Abir . ;; er ? If the Hon . Member had inquired , ho would have found that the other two Judges had nv . t Lord Abinger iu the evening , and that the sentences emanated from the uuited and patient consider a » iou of all thret Judges—( cheers ) . Before the Hon . Member had made such a charge , he ought to have taken care to ascertain , by comparison , whether one Judge had been 8 ' * violent , so cruel , and so inhuman , as justly to be held up as an olject ef detestation , while the other Judges were to be
admired for the « mildness and mercy . On this point he spoke , ho might almost say , from his own personal knowledge , and Lord Abinger had been always most , ready to listen to any application from almost any quarter . He mitjht be permitted to say , that from the beginning to the end of the proceedings he had himself used no exprtssion of which any man had a right to complain—( cheers ) . Ho had stated tho facts , and understated them , for such had been his instructions from the Government , and he had not only listened to , hut looked out for ca ^ es to which mercy could be applied—( cheers ) . As far as he could judge , there waa a perfect sympathy in this respect between the bench and the bar . The testimony in the case of Cosgrove consisted of an ambiguous expression , and it was proved by one policeman . It
struck him that this was not a case which justified his proceeding . Although the Grand Jury had found the bill , he had abandoned the prosecution , and Cos ^ rove was acquitted . In another instance , aj person had undoubtedly been mixed up with riotous proceedings , but it waa stated by the prosecutor whose mill he had endeavoured to stop , that the prisoner was a workman in good work , and that he theroby supported an aged mother . He ( the Attorney-General ) thought that this waa a case in which mcicy might properly he extended , and the jury , adopting his view of tbe case , recomaiended the prisoner ; tho Judge with eagerness listened to the recommendation , and the man was instantly discharged on his own recognizances . Tnia
man , as he had said , was in full work , and , perhaps , ho ( the Attorney-General ) waa not digres&ing too far when he said that , although there existed severe sufferings and heart-rending dlbtress , whuh it was impossible to contemplate without the deepest emotion , such privations were generally endured with the most patient resignation and fortitude . These were not tho class of persons brought before tho Court to rcccivo punishment for th ^ crime of insurrection ; those who were really sufferers suffered in quiet and in secret , and were not often seduced into crime . Generally speaking , the parties brought bef ' cre the court as criminals were men in full work , and were , therefore , without excuse . One case had occurred iu Yorkshire , where a
party had been paid many shillings by the week in order to induce him to abstain from labour , in order by that abstinence to promote the adoption of tho Charter . True it was that Turner and Fentoa had been sentenced , but there were circumstances in their cases which produced an intimation that they might apply for mercy with a good chance of success . They did apply ; the question was referred by the Secretary for the Home Department to Lord Abingor , and upon his Lordship's report the sentence was remitted . He ( the Attorney-General ) had necessarily seen much of the unfortunate men tried : one third of the cases were heard in the court in which he was a 1-ading counsel , and not a few of the prisoners conducted themselves with ability ,
with proofs of edvoition , and all with respect . He should be extreme ly sorry , therefore , if the unavoidable sentence of the law were to be aggravated by unnecessary sufferings in prison , or by the taunts of the Judge—( hear , hear ) . It would have been more candid in tho Hon . Member , if he wished the House to como to a dispassionate investigation of the conduct of Lord Abingor , to havo omitted matter calculated to excite sympathy with tho prisoners and indignation against the presiding Judge , when that Judge had done no more than discharge a painful and responsible duty . As far as the Government was concerned , the state of the country called for the instant assertion of the supremacy of the law ; in this rf spect the case was similar to that of
MonmoUith , where , in defending the prisoners with all his ' zeal , ho fob bound to admit that he had no complaint to make—that the dignity of the law was asserted as soon as possible after the commission of the crime . No charge could ba adduced against the Government for issuing the Special Commission as Boon as possible ; but tba prisoners had a right of traverso to the next assizes , and of that right those who were in most affluent circumstances had availed themselves . The only paMtion printed npon this subjeot had been presented from Kingston-upon-Hull , in which the petitiosievs declared that they ( as who did not ?) sympathised with the degraded and depressed condition of tho labouring classes , and they went on to say that punishment ought only to be awarded in
proportion to the wrong proved to have been inflicted upo ^ society . This , as an axiom , was true , but there , perhaps , had never been a time when greater real danger threatened the country than at the period to which he was re * errinK . Tne petitioners went on to state that they conceived a fair , patient , and impartial trial had not been afforded . There was not the slightest pretence for this motion : as to the hastening on of the tria ' s , not one had been urged on when any reason oould be advanced for the postponement of it , and at all evcuis no hint of accusation had been breathod against the jury . The petition concluded with a . prayer that her Majesty would be pleased to visit James , Lord Abinger , with some mark of her roval displeasure .
Mr . Duncombe—That is , if tho allegations against him were found on ii . quiry to be true . The Attorney-General added that ; he fek called upon , e ^ 'en out of respect and cousideration for the Honourable Member for Fiusbary , whose zeal in the service of the public was well known , whoso incessant toils for the public t ; ood were admitted on all hands , and whose eloquence , when ho urged any topic upon tho consideration of the House , was to be admired , to meet the present motion with a decided negative . Ii was singular , if the case were so glaring , that not the smallest complaint had been heard from the parties themselves , or from any
person immediately interested in their behalf . He ( the Attorney-General ) had not heard the charge to the grand jury , but he could speak personally to every other part of the case ; and it seemed to him , from reading the charge , that no exception could fairly bo taken to it . His respect for the Hon . Member induced him to do all in his power to 6 ave him from the disgrace and opprobrium of proceeding with a charge which , as far as the Honourable Member was concerned , could have no favourable issue . He concluded with a panegyric on Lord Abinger ' s character , and an admonition to Mr . Duncombe to spare himself the discredit which would redound to him from the inevitable failure of
his accusation . Mr . Ross contended that the mere numbers of an assembly , without actual force , would not render it unlawful . Mr . Thesigkr considered it unfit that the House should deal with any complaint against a Judge which was not ' of sufficient weight to require , that upon proof of th . <* facts , an address should bo presented to the Crown for hi 3 removal . If applications like tho present were entertained , there would cer-
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tainly be no end of them ; for in every cause there is one party discontented , because thers is one successful . Thai would be speedy destruction to the independeuoelof the Judges . He then gave some extracts fromj Lord Abinger ' s charges , and showed how little they were open to the imputations of cruelty or unconstitutional tendency . He vindicated the sentences ! npon these prisoners and the general reputation of Lord Abingor from the charge of seierity , and , explained the sense in which Lord Abinger had j used certain expressions , much misconstrued toj his prejudice , in the trial of Lord Hertford ' s valet . Looking back to the brilliant career of the ; Learned Lord , he felt jealous for a reputation which bad so long adorned his profession , and he was anxious that it should remain unclouded to the last , i
Mr . Sergeant Mchphy said there was no one who more willingly admitted the unwearying attention of the Noble and Learned Lord , or more admired his spirit , his acquirements , and his generous feelings ; it was , perhaps , on that account , that the weight of his example , ] when he brought his talents to the bench , was more likely to influenca the individuals coihing after ! him—( cheers ) . It was stated by his learned friend the Attorney-General , that the country was convulsed from one end to the other , that the minds of men were * deeply alarmed at the riot and rapine reigning around them . It was surely most important , therefore , in the position of the Noble and Learned Lord , that he should be most guatded in his statements , and he ( Mr . Sergeant Murphy )
must contend that a political charge was peculiarly unsuited at such a time —( cheers ) . He would ask his Honourable Friend the Attorney-General , whether the ) political state of the country did then require the Iiord Chief Baron to travel out of what he called thejstrict line of his duly I When hefeund the entire state of the country to be such , that the minds of the grand juries had been previously inflamed against the lower orders by the violence and the consternation then existing , the spirit of the constitution should have led tho Learned Judice who was sent down tojadininuter the law , to pause before he said anything to foster the irritation . He ought rather to have tempered it by wise and gentle speeches than have made a political charge amidst these excited
feelings ( cheers ); The Attorney-General had appealed to the state of the country at the time . Was Lancaster in a worse state than Stafford or any other part of the disturbed districts ? Were the mill-owners , in the one case , less injured by the riots than the flagrant instance 3 where the owners of the mines in Staffordshire found that their mines were stopped by violence andfthe men prevented from working \ In point of fact , the persons of the mine-owners were threatened with violence and their property with fire . He woul < J ask , then , if that were the state of menace in Staffordshire , and if the arguments of his Learned Friend the Attorney-General , and of his Learned Friend the Member for Woodstock , were correct , and ; in tho case of such excitement advice
ought to be afforded by the Lord Chief Baron , why the course which was so good in the one case had not been adopted in the other 1 If ii was the duty of the Chief Baron , at Liverpool , to make this charge ,, was iit not equally the duty of Chief Justice Tindal , at Stafford , to make a similar charge—( cheers ) ? Yet let the House look at the terras of the Chief Justice ' s charge , and Eee how it was couched —( cheers ) . He had never , till he came into the House , read the charge of my Lord Abinger . The charge of Lord Chief Justice Tindal he had read at the time , being in Ireland , and he congratulated himself , being in a country notorious for the perversion of thia Bench to the purposes of party , tba , t Lord Chief Justice Tindal , in this country , and in a
time of great excitement , had delivered a charge which was a model by which any judge might profit—( cheers ) . He reverenced the judges of the land : and why did he reverence them ! Because he did believe that if there was anything which they brought to bjear when they took their judicial seatin addition fo the great learning they possessedbetter than any other , it was the feeling of the absence of all political consideration —( cheers ) - ~ it wa 3 looking at the question submitted to them in that calm and dispassionate manner , that it was said of Lord Tenterden " he would try a question or " sedition or of treason as he would a bill of exchange "—( cheers ) Ha said that this was tho principle which ought to govern the Judges —( cheers )—and that no
Judge ought to travel out of the record immediately before him . | If tho topics introduced were calculated to prejudicejthe individual to be brought before the court , it appeared inconsistent with the ri ^ ht conduct of a Judge . Give him leavo to atk whether there wore no Chartists to ba tried before tho Lord Chief BaroiiT— ( cheers )? Was it not notorious there were many Chartists included in the calendar , and had it not been the argument of the Attorney-General , as showing that these parties were not driven to thuir misguided conduct by any want , that the majority had b ^ on engaged in a political outbreak , that their wants jhad been ministered to out of funds provided by theso-called Chartists ; and , in fact , that
many were Chartists ? If this were to , what rigfet had a Judge , sitting upon the bench , to prejudice these individuals—( cheers )? Allusion had been niade by the Attorney-General to the conduct of I the Crown . He ( Mr . Sergeant Murphy ) admitted that the conduct of the Crown had been most lenient . He was happy to see that the laie Government had been lenient in their prosecutions ; helwas equally happy to find that the present Government had , in this leniency , imitated the conduct of their predecessors . As allusion had been made to thejprosecution of Frost , he must as-k what was the state of the country during the trials at Monmouth I The attacks there were nut confined
to tne buildings ; there was a regular conflict between the troops and the people , and there was the act of treason in levying war . Did the Lord Chief Jastiee , in addressing the Grand Jury of Monmonth , say that this assemblage was a part of that class of people who had made up tneir minds to carry their political objects by setting the army at defiance , and collecting an army of their own ? He did no such thing . Ha explained to the Grand Jury . the law of High Treason , from the time of Edward III . down to the pre . et . ij ? . day , and that when the conduct of the different parities was brought before them , it would be their du » y to give their decision , not on any ex trinsic circumstances which were not in his charge , but from the law as he had unfolded it to them .
And what had been the conduct of the same Learned Lord at Stafford ? He declared , " we know no L ' nartists here "—( cheers ) . So ought it to be in every court of justice . The principle of the law was that it had no respect of persons : the principle of the Judges had ever been , that th y laid down their politics on the threbhold of jthe temple of justice , aud never stepped over it —( loud cheers ) . That was the reason why the people abhorred political Judges—( cheers . ) This was the reasjm why the high character of the judicial seat had- been preserved from a political character , with great advantage to the administration of the law . They had never brought the weight of this high judicial ; character , id order to stimulate tho feelings of grand juries , already sufficiently opposed to the mistaken notions of men of higher standing than the Chartists , men who , if mistaken , boro the
name of Radicals . All his Hon . Friend , the member for Finsbury , said , was that enquiries should be made ; if they were prepared with the Learned Gentleman , the Attorney General , to give the negative to the charge made against the Noble and Learned Lord , they I would consent to the motion , which would in that case , end iu that which he ( Mr . Sergeant MurpHy ) would greatly rejoice , tho acquittal of Lord Abinger , and prove that he was uo exception to the character he had ascribed to the judges of the land ; but if , | on the other hand , the inquiry should prove that the charge against the Noble and Learned Lord were true , he would not regret that his Hon . Friend , the taemberfor Finsbury , had flown at . such high game , and that he would let my Lord Abinger know that , dignity , however great , or talent , however exaltcd i must not trench upon the principles of justice—( loud cheers . )
Mr . James Stuart Wortley Baid , that the opinion of Mr . Serjeant Murphy , if deliberately formed , might have led him to suspect his own judgment ; but he was grea , tly roliyvei , as well as surprised , to find that the Learned Gentleman had joined in this attack on Lord Abinger , without ev < n having read ltb . o document upon which the attack was grounded . He argued , from constitutional history , that a exneral stricture on the state of political affiirs w ;< a Suing and a recognised topic in the addresses of Jud ^ e-3 to Grand Juries . ' lie quoted the ir ^ umeuts used iu the case of Baron Smith , and showed them to be conclusive for refusing the present inquity . Lord Chief Justice Tindal , whose charges and whose whole character
had been so ; deservedly applauded , had delivered , after the rio | s at Bristol , a charge , entering into the general question of the duties and rights of soldiers as citizens . iSerjeant Murphy blamed Lord Abin ^ er for adverting to Chartism . Why , was not this a Chartist insurrection ? It would have been blameable to talk I about' party' politics ; but the politics of Chanism constituted the very object which Lord Abinger had before him . He ( . Mr . Wortley ) then went through those passages of the charges which had been principally impeached , and defended their J general tenour , showing Lord Abinger to have committed no such absurdity as that of saying that every assembly of 2 , 000 or 3 , 000 people was unlawful ; but simply to have stated , that every such meeting became unlawful if force or
intimidation were its real object , and deliberation only its pretext . He read some evidence to show the state of the country , defended Lord Abinger ' s sentences from the imputation of severity , and took credit for the course adopted by the Government throughout the prosecutions . Ho bore testimony to the general kindness of Lord Abinger ' s nature , and deprecated a proceeding' like the present as a precedent fatal to the independence of the Judges . Mr . Wallace said , the Hon . and learned Member who had jubtieat down bad received the most singular example he ever Baw in that house of the indulgence it always showed to new members . ( " Oh !" and iiuiKhu-ri ) As an old member of the hpuse , who had had a stat there for ten or eleven years , it appeared to him ( Mr . Wallace ) that the Ron , Member
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had totally forgotten that they had discussed th . distresses of the country for five conseeuti ™ « ¦ u last , week , and that S . lMr * wSSJ KE ' motion on the distress of the oountrv v « ftn « on ; for th « Han . Member IMrlXriJZSlfS 0 ! the ground of the ^ speeches which haffinS were to be made on the subjact- ( &ug ht 6 r ^ W ;;{ . regard to the charges made by Lord Abinger whilst on the Special Commission , he bad Been ft to * £ to purchase the book of the Noble and LearnedI Lot / and not to trust to reports of newspapers at all W to trust to th < Learned Lord ' s own shillings wor ' aT ( Cries of « Oh 1 " and » Pooh" ) . « Oh , " and « p £ fc —( laughter ) . They were good words to comatn gether- ( a laugh ) . Hehad read this pamphl et % ?* the very greatest care , and the conclusion which h « had arrived at was the same which he had , arrived af on reading the London and provincial papers WitH regard to a Special Commission , he ( Mr ; Wallah considered it a very awful thing in the country . Tn » Judge sent down was bound to purge his mini from
every teeUng not that ot duty , otherwise he did rint properly fulfil the office of a Judge ( hear , hean "HW hear ! " He ( Mr . Wallace ) said so too ( laughter ) TW was a wide dirtinciion in the Judges on the Bench of England , which he hopsd never to have seen u reminded him , with sorrow , of the scenes he ' had witnessed in his own country , and which had dagraded the bench in former times . He cotild not forget in his younger days , in 1793 and I 79 I hovr the Judges in this country had condemned to condign punishment and even to death men who were never tried , except by packed jari * and prejudiced men ; They were condemned before ever they entered the court . That was strong Ian guage , and he was prepared to prove it . Tha Hob " Gentleman who last sat down had quoted from tha Examiner . He (> Ir . Wallace ) did not believe the Examiner would descend to notice such conduct as that of Lord Abinger—( cries of " Oh ! oh t ^ « I
did not believe it would . ( " Ha ! ha ! " and loud laughter ) . He did not know before that the editor was a lawyer ; b « fc let him cut his pen well for next Saturday —( laughter ) . It appeared to him , on read , ing this book , that the Noble and Learned Lotd was well crammed as to the manner in which ha was to deal wjth the Chartists , of whom he ( Mr Wallace ) was riot one . He told the Grand Jury at Lancaster he was going to give them a little bit relating to the Chartists and the Charter , in ca £ 8 anything of the kind should come amongst them at any future time . If any Judge were to say so to a Scottish jury , the foreman would baa very meanminded man not to pull him up for addressing them in such a way- ( laughter ) . He * Mr . Wallace ) should
like to see the Judgo who wouid say to him as s juryman , he would pull him up—( loud laughter * —and it was not th « first time that ho had pulled a Judge up—( Roars of laughter ) . Tcs foreman of a jury at Liverpool had told the Noble and Learned Lord not long : ago that theytwanted no more of his information , taat they kne ^ their duty That Noble and Learned Lord seemed to him to have proceeded on his mission for the purpose of showing that there were two descriptions of persousonly in England who were entitled to the protection : of tha law , and these were the holders of property and the aristocracy ; for he told them distinctly , in ^ many words ' , that if the masses of the people who had no property were ever to be considered as
worthy to b ? admuted to choose their own representatives to that House , nothing but reToluitou would bo the consequence . Jfow , he asked that Hjuse , had these people no property ?—had they not their ten fingers 1 ( Lrud laughter ; - " Yea , ana their ten toes too . ") 'What was the value of their estates without these people and their fingers ! ( " Toes , " and laughter . ) And where would be their trenching and ploughing ? ( M Oh , oh ! " and ' run of laughter . ) '" Oh \ " Yes . (" Oh , oh ! " and continued laughter . ) He was speaking of the property of the working classes ; they were those who had been refused any . ' inquiry into their petitions ; they were those who had beea oppressed , aud grievously oppressed , by the Learned
Judge ; and they were those who must now goffer for months to come without knowing whether there was to be any amelioration of their-condition in commercial or financial affairs , according to the statement of the Right Hon . Baronet oa tha Treasury Bench . He had hoped he never should live to see the day when similar conduct to that of the Scottish Judgfs , to which he had alluded , would be known in England . He would jastread the charges of one of the Scottish Judges made at the time to wh : ch he was alluding . ( " Qaesiioa . " ) The different charges of Lord Aoinger at Lancaster and other places , in turning cut of his way to make the statements he had , had made eo strong an impression on his ( Mr . Wallace ^) mind , had he
that he ( Lord Abin ^ r ) done what ought not to have done , or that he was through premature old age , or some other cause , unfitted for his position , that he ( Mr . Wallace ) would be most happy to sea that Judge retire in the same condition that tie ( Mr . Wallace ) had proposed that the Scotch Judges should retire—with his full and entire salary , and all other allowances . If it were true that Lord Chief Justiw Tindal had pursued a course entirely different to tha Noble and Lrarr . ed Baron , with the complete approbat ion of the whole press of England , Ireland , and Scotland , he would ask again , how was it possible that Lord Abingor could not be wrong ? He would read to the House the summing up of Lord Justice Ciark on one of the Scottish trials to which hehad
alluded : — " The question for consideration is , is-the panel guilty o sedition , or is he not ? Before this qufstion be answered , two things require noting ; the imt is this , that tho British constitution is the best that ever was since the creation of the world . "—( Laughter ) . " That is the first thing ; " and tha Learned Judge then advanced thi 3 rather stronger assertion—'" and the second is , that it is not possible to make it better—( continued laughter);—for is not every man secure , is not every man reaping the fruits of his own industry , and sitting safely under the shade of bJ 3 own fig-tree ! He () lir . Wallace ) thought it was exceedingly difficult
to say that every man had his rights in this country . ' The person on n ial was named Muir , and tha judge went on to say , " Mr . Muir might have known that no attention would be paid to such a rabble . What right had they to representation 1 " That was exactly what Lord Abinger said . '' He could have told them that the Parliament would nevor listen to their petition ? . " .- He would not even permit them to be heard in the Hous-. That was the case now . The petitions of the people were jammed in ft bag on the table of the House , and their petitions were never heard . The Attorney-General hadsaid it wm remajkable that iiono of the prison ts sentenced by Lord Abinger bad pahioned for redress , or for tne ibau
amelioration of their sentences . Would any tell him that a ptU'oui . r with the treadm-ll beside him would put his bsiid to such a petition ? No man durst do it . It wouid be hea-rd of in that House , the names would be sought out by a committee , ana the prisoners wou ' . d bo punished . Why « it even appeared that at Knafford the other day , on a party of Iadie 3 and gentlemen visitiDg the prison , » number of prisoners were set to work on the treadmill for their amusement . Ho ( Mr . Wallace ) naa attended a meettag of 100000 persons not long ago
, to expre ? s thrir feelir . . t . s ' on the state of the country , and he wished to God there was another to-merrow , and that Hon . Members might be present to hear what he had to say . ( Laughter . ) The Pf « P } , £ that meeting had come to a resolution that theJNome Lord mu = t totally havu forgotten what sort of meetings they were daring th ? -. time that tho Reform u \ u was in agitation . The Ri ^ ht Hon . the Home Secretary would remember that there were plenty 01 suon meetings . ( Laughter . ) He ( Mr . Wallace ) remembered one larjrfi mftfitin ^ . too . wtuch he and we
Home Secretary attended together—( Laug hter ana " Q-iestion" ) -and one of the occurrences wnica had happened was this—there was a little bit 01 a row in tho Court hous ,- ( laighter ) There was-Uoud laughter . ) B ^ ihe Right Hon . Gentleman took no part in it for t > r against . It was all againsi the Tones ; therefore neither the Right Hon . Gentleman nor he ( Mr . Waimc- ) took ai ; y part m \* ~ Cau ^ hter . ) They tacii , the freehuiders for iw county , agreed who should be the member . « o ° knew better than the RUit Hon . Member oppfc" » metnoer
how they had settled it anil who was to be . They settled ii over th .- claret an : chaopagner ( iaughter . ) He (\ J r . W . ilacv ) never was elected 1 m thote days , but he did all he could to shove otnew in . Iu the cour ? e of the t veiling there was a conw derablebit cf a row got up daughter ) and " **/ *? £ to the windows of th - dining room to see wnai 1 was , and it was tne tleriS of the county , » Vj tlic greatest man they had there , upon t \ . ™ l private Gragoon and ten or twelve after mm . coji e to sec ' where was ' ths row ; " and no-one lan « w » more heartilv than the Riirh' Hon . Gentleman OPP «
site to gee the figure ho cut . This w ^ H ^ What did Judge Clarke next say ? ( pa ' ) , y £ ad right has he to representation ?—t No » } - ° : loud laughter . ) Thf y might depend upon it » £ » going to read it . " The hinted interest alone u » right to be represented . " Very well- ( lof w » g t ^ r ) He went on- ( Lcud cries of " Oh , oh ! ) » ( Air . Wallace ) conceived that this question was oiw ( Concluded in our Fourth page )
At D Leeds :~Printed For The Proprietor Fear Cuts Oconnor, Em*, Of Hammersmith , &≫≪&
at d Leeds : ~ Printed for the Proprietor FEAR CUTS OCONNOR , Em * , of Hammersmith , & >< &
Middlesex , by JOSHUA HOBSON , » «•* - ing Offices , Nos . 12 and 13 . Market-street , Briggatej and Published by tie said Josuva Hobso * , ( for the said Feabgus Q'Connoe , ) at bia Dwelling-few * . No . 6 , Market-street , Briggate ; an internal Cemmunieation existing between the ssia No . 5 , Market-street , and the said Nos . 12 8 * 13 aiufcet-Btree ; . Briggute , thus constituting «• whole of the eaii Prating and Publishing Office one Premises . All Communications meat be addressed , Post-paid , to Mr . HOBSO . N , No / them Star Office , Leed * ( Saturday , Fcbiuar / 25 , 18 * 3 .
Untitled Article
8 ^ ^_ THE NORTHERN STAR , \
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Citation
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Northern Star (1837-1852), Feb. 25, 1843, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct639/page/8/
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