Star. — London, England, 1819-09-10 00:00:00

5 F. F . - 1 ' ..,~ :. i .-. the discharge of the same sacred trusts they give a verdict contrary to *hat was called, or attempted , to be made a popular feel in g , the y are then held up l to the country as biassed by partial motives (Hear.) The worthy Gertleman then contended that it would be unjust to pass any opinion which might prejudice the public Mind against Men Whose conduct might soon becorrie the subject of legal inquiry. Mr. Parres, as one of those who had segued the Requisition addressed to the Lord Mayor, felt it his - duty to express surprise at the Royal Approbation, conveyed through his Majesty's Ministers, to the Magistrates and Yeomanry engaged in the late un fortunate transactions. They had been told that suf ficient evidence was not before them ; and much bad been said as to the different accounts published in the Newspapers. He thought, however, that this differ ence was confirmatory of their general truth, inas much as it proved that their intelligence had been obtained from various sources. In several instances, those who furnished the reports had been eye-wit nesses of the scenes and condutt they described.-- After all, too, the variance in these accounts was quite inconsiderable, and left no ground for doubting the correctness with which the circumstances as they actually occurred had been represented to the Public. The Meeting at Manchester had been called after due notice,.and the Magistrates must have been pre viously well acquainted with the intention o: holding it. If, therefore, it was an illegal Meeting, they had it in their power either to prevent it, or disperse it is' a less violent and forcible manner. They, might have cautioned the people not to assemble; but every re solution to which they came appeared to flow rather from their fears than from the exercise of a deliberate judgment. The professed object of the Meeting was the consideration of grievances, and the best means of obtaining redress. He for one could not but ex press horror and regret at the mode in which this Meeting was dissolved, although the sensation it ex cited was but trifling when compared to the feelings with which he regarded the commendation subse quently bestowed upon it by the Highest Authority —( Much cheering). It appeared tohim, that more respect would have been shewn to the Laws of the Land, if the Secretary of State had not so prema turely advised his Royal Highness to pass that com mendation. Why should his Majesty's Government have been so eager to make up their opinions on re presentations furnished only by one side ? If a band. of merciless tigers had been let loose on a defenceless and scattered people, time at Mast should have been allowed for a calm and patient consideration of the case—(Loud cheers). He trusted that that Court would not skew itself insensible to the value and im portance of popular rights, or forgetful that by the free Constitution of England all classes of Citizens were entitled to meet and proclaim their grievances. If he on this. occasion made Use of strong language, it was because strong feelings suggested rt. He felt that it was their duty to rouse themselves,. and that . to be sabot v)as in some measure to acquiesce in the guilty course which had been pursued. He trusted that the quibbling and sophistical arguments brought forward on this occasion onthe other side would have little influence ; and that the Resolutions proposed by the Worthy Alderman would be carried by a large majority. The stuff of which they were made was, he also trusted, too English , to allow them to restrain or qualify the expression of their sentiments on a subject, with regard to which the dictates of humanity and justice were equally imperative— (Greet applause). Mr. SOUTHGATE observed, that the proceedings of the Manchester Magistrates subsequent to the fatal 16th, indicated that they felt conscious of having committed a disgraceful action. It was impossible not to feel astonishment at the unprecedented man ner in which they had conducted themselves. What a contrast did it present to that of the Surrey Magis trates in the year 1768, when much more alarming riots took place, and the watch-word was " Wilkes and Liberty !" In the month of May of that year, an immense assemblage was held, and it unquestion ably had every character of riot, tumult, and dis turbance about it. The Lord Mayor (Gwillan) sheav ed the most exemplary patience ; he waited an hour after reading the Riot Act ; he was struck with a stone ; but hearing somebody exclaim, " The Riot Act has not been read," he gave an assurance that it had been read ; but as it appeared that the reading was not generally known, he would repeat it—(Much Cheering). He retired for some time ; and it was not till after his return, and after he had seen a soldier receive a violent blow, that he directed the military to fire, saying, .‘ If you do not, we may all be mur dered." The measures adopted at Manchester were of a different complexion, and demonstrated a very different temper. Every one must regret the want of prudence and forbearance manifested on this oc casion; whilst many could not resist the conclusion, that the Magistrates had grossly violated the law, and ought to be brought to condign punishment.— He could not divest his mind of the persuasion that they were already suffering deeply in their own con sciences, and that the manes of the slain did not fail to visit their terrified imaginations. Their conduct would be marked by the abhorrence of the major portion of the country, their names enrolled in re cords that would not perish, and never be uttered without execrations. Two of the greatest Lawyers this country ever produced—he meant Mr. Dunning I and Sir William Blackstone—had both held, that the right of meeting to petition upon public grievances was a clear fundamental law-. lf, then, the right to petition was one of the ordinary righ ts of English Citizens, Of course the right to assemble was equally indubitable. Mr. Justice Blackstone, in his excellent Cbinmentaries on the Laws of England, described this as a clear right, provided no disturbance took place in the exercise of it. Judging from all the in tiirination which had been received, or laid before the Public, the Meeting at Manchester was conduct ed in a peaceable and orderly manner. He was no advocate either of Mr. Hunt or of the principles which he maintained. Whilst he cherished a warm zeal for the cause of Reform, he could not, indeed, avoid looking with a n.isture of jealOusy and suspi cion at the conduct and plokets el _pose who de signated themselves as Radical Reformers—(i d : ma cheering). The present question, however, rested on its own separate and.incicpcndent merits, and ought to be vic*ed apart from op such ccaisiderations. Mr. Jacas was silt to ilfsiervs that althoubthe w orthy Alderrrittis (V, artlurtaii) had, at the hegnming of hisa t e s spe e ch, and e tioLry of Manchester ed thatthecon o duct ug of the not tlieM s tobe prejudged, as it was hereaft e r to be decided ; yet, by his Resolutions, they were con demned in the strongest terms. He (Mr. Jacks) had only arrived in town udgment of the yesterday, after an absence of five weeks, and, there fore, had not been able to for m any j from the public Journals; an d s o contradictory were foots of the proceedings other th an what he bad g ained the statements on several points, that he was not able to judge satisfactorily the whole merits of the case; he, therefore, did expect some new lights to be thrown upon the subject, but that not being done, he thought it would be highly indecorous for public men to charge with such high crimes and misdemeanours other public men, as respectable and honourable as .themselves, without the fullest and completest evi dence of their misconduct : as the subject is, he under stood, sub judice, he did not think it fair to prejudge the question; audi alteram partem being a fixed rule of English jurisprudence; and, it is plain, that the statement on the side of the Manchester Magistrates and Yeomanry is not fully before the Public. As, however, the worthy Alderman had touched on seve ntl subjects connected with these proceedings, he should shortly notice some of them, still reserving his final opinion until the case is fully known. It was assumed, that the Meeting had been legally convened, and was peaceably conducted. Now, the accounts given upon oath on Hunt's committal, stated im mense numbers of persons, from all parts of thy country, had marched in military array, with bludgeons and colours of a very alarming description, on one of which " Equal Representation or Death" was inscribed, and that the persons surrounding tfie hustings had their arms so linked within each other, as to prevent the possibility of any approach. It also appeared, that the original Meeting was convened for an illegal purpose, viz. to elect a Member for that town, but which was changed, not to consider griev ance*, but for the avowed purpose of overturning the House of Commons, as now by law established; at least, Universal Suffrage was the declared object of the intended Reform ; this, if effected, would inevi tably lead to such destruction, inasmuch as in this and all other countries, the labouring classes form the basis of the population, having no fixed property, and exceeding four or five to one those who do pos sess it ; therefore, there could be no security to the latter if the choice of Members of Parliament and Legislation were to be possessed by the former and their Representatives. The Election by Ballot is also unknown to the Constitution as now established, and would have a strong tendency to make men hypo crites and scoundrels, by inducing them to promise, and perform very differently. The worthy Alder-. man had reasoned as if there were no precedents for the Military to be employed in cases of riots. He had surely forgotten the year 1780, when the coun try had been ruined, unless they acted, and when also , many innocent persons had been killed in the diffe rent tumults which took place. In the Spa-fields riots, they had been called in by the Lord Mayor, who was called a friend to liberty; and every citizen felt assured of safety when the Waterloo heroes were seen in the streets. The worthy Alderman had com mented on the Prince Regent's approval of the con• duct of the Manchester Magistrates and Yeomanry. Now, whatever opinion the Court entertained on that subject, it was obvious that the whole case must haysi been before him, and the-Prince Regent would not ,have signified in direct terms his approval, unless the great Law Officers of die Crown had made out to his satisfaction the legality of the proceedings. The Coroner's Inquest on the five cases of death which had taken place, together with the Bills having been found by two Grand Juries on their oaths, strongly tend to favour the idea of the legality of the proceed ings. The Grand Juries being men of high. charac ter, a Member of one of them, Lord Belgrave, it is to be recollected, is an opposition Member of Parlia ment, and from some opportunities he (Mr. Jacks) had had, he formed a strong opinion of his "Isood sense and discernment. Some ill-judged observations had been thrown on the Manchester Justices, as not being independent men, but stipendiaries; he could only recollect this to be the case with bite Gentleman. Nov, he would ask, whether the Judges of the land, together with the Recorder and Common Serjeant of London, might not in the same sense be called Stipen diary Magistrates? They all received salaries for their public services, and he knew not why it was to be expected, that a Barrister should be expected to give up all his time gratis for so large and populous a town as Manchester? But one Gentleman had quoted Mr. 'Pearson's letter, alluding in the strongest terms to the rejection of Mr. Hunt's Bills against die Yeomanry Cavalry, and stating a sad case of a wo man being sabred. Now it was difficult to discover how the Grand Jury, having found the Bills against Bunt and his associates upon the principle of the le-• gality of their captures, could possibly find Bills for the Yeomanry having acted criminally in the execu tion of their duty, although it had been attended with disastrous circumstances in a few cases, the irnagni tude, however, of which, as stated, required better proof to make him believe it. Upon the whole, he (Mr. Jacks) strongly deprecated the interference O • the Court upon the slender evidence in its possession, in a case which reflected severely on Magistrates, as respectable and honourable as the Magistrates of London ; and on a body of Volunteer Cavalry ; com posed of Gentletnen fully as respectable as them selves. He feared, also, that this measure, if carried, would have a powerful tendency still further to en courage insubordination and sedition. Mr. Cooox observed, that the remarks which he had to offer would be but few, after the able and elaborate discussion which this subject had ender gone. He was sorry that the busmesa of the day should have been opened by so decided an opinion oo the part of the Lord Mayor. That opinion, however, would have no influence on his vote ; nor should he abstain from declaring, that its expression at such a moment, appeared tolsirn to be highly improper and indecorous. Every man of feeling, every man who valued constituticual liberty, must agree in repro: bating as disgraceful, the conduct _pursued by the Magistrates at Manchester. The rightuf the people to meet and discuss their grievances was indisputa ble, and the assembling at Manchester was therefore strictly legal. It was of no importance whether that Meeting was attended by sixty thousand or sixty millions of individuals. The Meeting in Smithfield was likewise most numerona ; but . notwithstanding the impolitic step of - arresting I%fr. Harrison, a Inca. ; same course had been adopted more prcanpu, ,military on some other occasions, mach la , calculatedhuieti quietly self was present at that Meeting, and could sere i tstt a ltic incim e, it efeet! ispersec t r. ill ir hPile"m gfre his , have been saved. He believed that this solemn testimony that it was conducted hi .peace and i never have been brought before the Court, 11 ' ndt been intended to eta - good order. He had , no dotibt that the Meeting at • 1 , tack Mini sters; th e a) Manchester might have terminated in the sane man- to Magistrates would have been left alone, ner, had it been allowed to do so. Having the ho- ! not been thought that the Administration n a. ' nour to be a London trooper , there was nothin g ver y ' attacked through them. There w i t! no.' terrific to him in the inscription of " Death or Li- 1 worthy of consideratica : Bills had been ta u . berty ;" for without liberty, he did not think that a number of persons, and there was no dcw life was worth preserving. Let them turn their at- thesethe Resolutions, if carried, might h ave _ ' tention to the case of the poor w oman and child, to in exciting prejudice on the subject ; an d t t aa , the circumstance of her breast being c ut off, in the hoped Court would not support than. il i midst of an unavailing supplicat ion for mercy.--a gether, as they were proposed to be Pat, he ( Cries of " Prove, prove," mired with considerable certainly oppose them ; and though he n a z cheering.)--He had conversed with seven different have his opinion supported by those on his i persons, each of wham had been a spectator of the was sure tohavetheapprobation °this manta% barbarous and atrocious act; he had seen a hundred Mr. EICKET thought the question Was situp ] different letters confirming die authenticity of the namely , Whether or not the acts of the avert ; statement, Had it even been impossible to disperse of Manchester might be considered as an atti the multitude except by force of arms, had their take away one of the first rights of the p, proceedings been riotous and disorderly in a n ex- (Hear, hear.) For his part, he was pew, trerne degree, they could not have been treated with these Gentlemen acted merely upon a print, greater cruelty or violence. It even appeared that servility. If it was asked upon what glaur so eager were the Yeomanry to shed innocent blood, acted ? he only desired that the warrant upon that they even wounded and killed their own parti- they sent in the Yeomen might be referred to: sans. Such was the impetuosity of their attack, that that warrant, it was as manifest as lanr hundreds fell under the weight of their saares. As make it, that they acted only on the opinion , to prejudging this question, he conceived that it had party making oath that the town of alanchesta been already prejudged on the other side, and that likely to be destroyed. Even in the Riots a top without any positive denial of the facts. The thepriaciple was not disturbed, that the Ps whole of what had been urged in opposition to the a right to meet for a legal object. lle •-,,, present motion, did not appear to him to weigh a that on no account had the Magistrates a ti single feather in mitigating the outrage committed call in the military—(Murmurs.) It had k both upon public liberty and private humanity, by that the doctrines held at these Meetings the Manchester Magistrates. them illegal. The best answer to this w a s, Mr. S. DIXON said, he had Leen reproached as People, generally speaking, were averse to the having treated with levity a case involving the lives trines of Radical Reform. And as to the And personal safety of his fellow-subjects. He de- it was perfectly evident that the inscription fled any Member of that Court to prove that he was them were calculated to produce order. Re not as full as others of the milk of human kindness cluded by giving his support to the Resolutions. —(A laugh).—The smile upon his countenance was Sir WILLIAM CORTIS.—.-‘ My Lord May produced not by the subject, but by the worthy Al- have read the statements upon this businetsfrr derman connecting it with a story relating to him- sides; and I am persuaded that no man can , self. He had probably the means of knowing the it as proved, that the Magistrates were wisng. circumstances which occurred that day at Manches- Magistrates are men of character and respect ter and its neighbourhood, better than any one now and I give them credit for what they have don present. What business, he should like to know, had my Lord, the•question of their conduct is to , Mr. Hunt there ? lie was not connected, in any fore a competent Tribunal ; and 1 now a,k, manner, with the people of Manchester, although the Court come forward to express an opinion soh,, discontented in that quarter had been long prepared doubtedly is calculated to bias the judgment of for the course which he was pursuing. li e h ope d Jury? With regard to the Yeomanry, the Court would take into consideration the sug- ought to be admitted that their own reeling! gestion which had been thrown out, respecting the farther than they would have otherwise gone; propriety of its not interfering in this question.— they did so, it certainly was on the principle Knowing, as he did, the respectable part of the corn- Will it be fair in us now to come forward at; munity of Manchester, he would take it upon him to stigma on those whose object evidently was t say to those who applied the term " cowards," and servation of the Laws and the Constitution? other terms equally degrading, to the Yeomanry and stated in these Resolutions that the Magiar? Magistrates, that these persons deserved no such epi- w r on g . I do not sa y that they acted right thetas. With regard to the Grand Jury of Lancashire,' hear! and laughter); but certainly they ac: , they were composed of men, some of whom be- the Vest motives. What did these people longed to families as respectable as any in the king- They tell us, for Universal Surirage and dom ; and they were too honourable to have winked tary Reform; but, in reality, it was for the . at any impropriety of conduct, or to have slurred of a Member of Parliament for Manchester (.i over any evidence laid before them. It had been and disapprobation.) They were actuated by a said, that testimony had been produced to them on rebellious, sanguinary, abominable, and rear oath, of the most shocking outrages committed by spirit. I would recommend the Court to individuals, and that they had, nevertheless, refused expressing their opinion for a while, until mot to find Bills against •the parties accused. For his better authenticated information is had. her own part, he did not believe one word of it ; because any thing more true, than that ' edg he could not suppose that there was any man in the A little knoti4 e is a dangerous nurc: kingdom who would act •so brutally as to hew down You know nothing as yet of the ccnductof a woman, and cut offer breast, as was asserted to ing at Manchester; you have not a true act have been done' in tics instance. if Gentlemen knew the proceedings of those who . brought together the frame of mind which the people in that quarter Meeting to put in practice their wicked and, had evinced, and the language they had • openly hie purposei—(Much disapprobation.) Were I used for many months before this affair, they might; gistrate; I Would take care and put a stop ta a perhaps, find some justification for the adoption of chinations bf those wretches. I would s oon i i strong measures. Nothing was more common than of them. And why not ?—lf I saw a man a to see them insulting every well-dressed person whom ihto my house, 1 would shoot him without' they met in the streets, saying—" We have been and the law would justify me for it (Heat long oppressed ; it it your turn now to suffer r •I n ter.) It has been Said that the Riot Act wit short, there was no doubt that not Reform, but Re- All I have to say upon that part of the stir volution, with all its attendant horrors, was their ob- hat if a Public Meeting is disorderly, and if ject. The people were in a distr esse d state for want gistrates read the Riot Act, and give proper .of employment, occasioned by transition from war to. the People to disperse, then they are justai. peace, by which the trade of the whole world, which ing in die aid of the military—(Near, hear.) this country bad almost exclusively enjoyed, was vote against the Resolutions, and I think the thrown open to other countries; and the emploY- owes it to its own honour and dignity to leis meat which the Army and Navy afforded to those matter to the proper Tribunal." who could not support themselves at home was cut • Mr. PEARSALL contended, that ample off. It was said that the Military had cut down' been . allowed—twenty days had ci tp,ed, men, women, and children ; but, pray, what business which, every day brought to light fresh eri had women there ?—(General trimmers ofdisapproba- illustrate the melancholy and alarming Lion) —One Gentleman, who had addressed the Court, the Manchester proceedings. Ile disliked alai had said, that he had seen a hundred letters, all con- tested as much as any man the principles ' firming the accounts of these cruelties ; but he (Mr. Reformers, and their absurd and dartgerees Dixon) had also seen many letters, and the accounts ceedings ; but the question was, whether the they gave were as different as possible from those of England had the right to meet witlwat which'had been stated. A worthy Gentleman oppo- ference of a m i l i ta r y force ? It was said that site, to whom he gave credit for his candour, said, were no facts before them. He (Mr. Pe:mar that he wished for Reform, but did not desire to see facts from a Gentleman of high honour, who it brought about by these men. He himself wished eye-witness of the scenes at Manchester, who' abuses, wherever they existed, to be reformed ; but Cavalry press upon the unoffending Pew when he saw that the people could not agree how witnessed that day the conduct of the 1111 far they wished to carry their plans of Reform, he and the Military, and on that respectable ; 'could not help dreading any innovation whatever.— he (Mr. Pearsall) relied. On that day the r ,After again ou asserting, witht the fear of being con- were cut .down, and women and c laldre a tradicted, that the Grand Jury of Lancashire were put to the swords and trampled over in at men of the strictest honour he said he did not fear The question was, whether 'the Meeting . aal'' the result of a division on the present question • and arid next , was the Riot Act read ? and aaa if he should only be one of six on the negative ' s id e, read in the heating of the people ; and was s'' ~,; he should not fail to express his opinion. time given to allow the people to aispera • Mr. JAMES complained of the terms which had as. to the legality of the M eetin g , it csaaot ' been applied to the Local Authorities of Manchester; —As to the reading of the Riot A ct, it and expressed his conviction that those who made read in the hearing of the people, and wl use of them, if they believed them to be justly appli- was gone through by the Magictrate, it • , Cable, would remain alone in that opinion. He should in fifteen minutes after, the mar wat have liked 'the Court to have been in possession of amongst the pe.aple. I _ t was s%ited by nirai some facts, which it was material to know before it Riot Act was never read—and certalik . .: the could come to any cot reet decision ; because although read in the presence of the peoph.. he fully agreed with the first of the Resolutions, yet valry employed upon that di,gracelnl ' the following ones were founded on reports in News- shameful and cruel as their conduct had papers, which were contradicted b I ll not so much against then i, as agaiitst those 7ot iers eq" y- 40114 entitled to credit. How had the Gentlemen come ployed them, that public i n di gnat i on a to the conclusion, that the troops had been sent out rected. A great attack had been m ale l lby the Magistrates to use their own discretion ? Such Co ns titution;recedent bad an alarming p sa 'a thing could not be supposed. If he were to ex- tempted, and the Cotporatroit of lav abo „ press his own opinion, he should say, that the troops do it duty, if it did not -approach the . ila had acted in retaliation; drat the people ,. if they ori- request an investigation-4/ kar.l i fla . ginally intended to conduct themselves peaceahl - • y Baronet had talked of another tribunal had deviated from that intention, and had offered lit' banal? No steps had been taken to insert. sults and provocation to the military. He then pro - . quill ; but his ILoyal Highness the Prlt e l feecied to argue, that the troops led - it right to cede- duce da) s after this affair conk OW, 0 , fcnd themselves, and stated his couvis:tion that • • th, ed die Magistrates • d the Ye" 1411 fir' All II / 1 4 `f Calptl 7 4 blood Matt; I'm, Ise% if i/ , the 3 lone, if t ion r h ig t anothe r I found • • no clo a k ITC sort nd tlree4, o 1,1 pi t pktt, n e .1 he migi t e on his sid e iwn carat, , :a s simply :he lat, , iA ; s an yee.7 the Peop e ? pets4ld.:l a prinkni e it gt aural ,it:t upon irted to: , ► language opituon of klanehester Riots t;:• 17 the l'e-,a; •-„ Li ld ates a t had been ,!ezings lead. is wstis that tlirse to the to the b. secriptiotts order. Re IL.solutions. Lord Mayor asiness from 2/11 can coati ere wicing. I rd respectahi - r have dace:' act is to come ow ask, pinioa which udgment of 14nry, perhaps lielings leo • vise gone; principle of. rward and • ally was the lstitution? k Magistrates ed right—(ll they ace,: f people Meet ; and Parii s for the F.• • nchcster Lucca by nw• and revolutst. Conic to lot e, until mote had. Neva s Mire nduct of the a true accost oht together icked :and da c.) Were! a stop la ;:le )ulti soon i ty ,v a man bit Nithoui Lesi . it t (Ilearanill• Act was not of the subject . Iy, and if the ye proper time re justiti:d in 'or, hear.) I 1 think the gnity to leave, ample time . ei tpsed, t fresh evidence min: g accounts e disliked and nciples of R. 4. dangerous :better the P . e' without Ebel' ras said that ‘ rearall) :meta, who wo iester, who say ling Penl e : of the Ma. peCtable 311.' t day the f ° tad children over is cold feeting was ► and it so, " 1 " ; and wjs Sis o viisper) , • • „ t cialtot be • Act, it never and wh:ttover run, it "i'l% .l _ l l„ Orris we,e a b y m aay that !ertaittly it e. As to the . :raceful act had 'well, tt isist those anon should "` . 11 made ur a d en t bad be: [,radon nett h the 11 ' 3 " . riser ttibunal—sebP, to institute thePPri ce ace, uh, ! uatalq im ~~