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

Royal Highness and his Mim lays, were not the elsentatitin luiry after a lapse twenty circumstances he feb it his itions his hearty support. !d, that much stress ilat tai ) opposed the Resatu,dons,•on Icy of the Manchester MAlO said one Honourable Baronet, Le the confidence of that Court. ve approved their proceedings, another Honourable Member; ation for • further inquiry was en, he would ask, had such op- imcr occasions of pnblic agita utly hAd they been refuted?— recollect, that by the Consti ,...ed to approach the Throne, wolved a duty. It was then •sent occasion, to exercise that lien they recollected that his :ince llegeat was in the hands ritercst in keeping him in igno s, and had no opportunity of rnrd of the true expression of ept by the declaration of the convened. But if Magistrates s empowered to put their arbi..l he object of Public Meeting% to stop ?--sslio would affix the stance, in a district where there Magistrates, and the Lircum •eme case, who considered the ociety fraught with danger to id highly illegal, where was the ceding% as those at Manchester t those Meetings would not be of cavalry, cutting right and Meeting ?—(Much approbation.) our history, when us the beat )ccurrences took place near to ; of soldiery blocked up the )t - orship of that most respect iety of Friends in.Gracechurch suld recollect the case of Penn, II liberality had subsequently , there was no security against mion of party Magistrates, un and zealous adherence to the ion. Around that Constitution t Court to .1 any, and if offences art of the multitude, or on the iuty it was to administer the one decide. There was no wish e who supported the Resolu over the excesses of either. They ation into the conduct of the though outrages had taken as manifested to inquire, -while ioters, as they were called, was I investigation. In his opinion, nibt that the Meeting at Man for a legal purpose (whatever might exist as to the propriety therefore, it became the duty in an inquiry why such a Meet spersed by an armed force? He ag his support to the Resolutions. toLey said a few words in a low od him to say that the accounts re contradictory, and in the ab vould vote against theßesolutions. ved, that he had ii from an eye ck on the Assembly at Manchester Le Yeomanry Cavalry, but by a s—( No, no! frogs the Court). rAAAI3 rose, amidst cries of-- Lid, that he should consider it a almost amounting to perjury, if' is reasons for the Vote he should ot question before the Court. It this in agreeing to the petipmed in were prejudging the question. ejudged, it was by those who ap ict of Manchester Magistrates, ys after the commission of such ity—(liear, hear).—lt had been to uphold the faithful and fearless ie law. He was the enemy to all able schemes of public improve not help thinking that the errors large assemblages of the people ;roc r, he attributed to the ab sons who, from their character, talei.ts, and their stake in best calculated to give a tone and c)!,ular opinion— ( Hear, hear).— : people in distressed districts, to and sixty thousand persons, were But what created that tenor its most aggravated form from the wlio pet vetted the authority they Bowing the people to express their uzionally assembled in their an ^s of " Hear, hear !" resounded i. The people at Manchester met , and unarmed—their being with ed by the result. For he, for one, in saying, that if he held a staff in 11 a sword under his cloak, and had y assailed by a cavalry soldier, he ,voured to defend himself. 4t r at eedings could be judged of, iom tEigistracy. If"theie were some they did, there could be non, as not do. He had heard from per ky, that the Riot Aft was hat Yead. ud, that the atrocity himineaceJ y raised the cry of seizing the ban ..idered that blame Tested afe LSe they omitted to ao that Which cable, viz. to raise plicards, an assutr.bled multitude, that the Riot read at a certain hour, and that the it peril, should disperse. Bt not, sobriety of deliberation *bleb be caused a wanton outrage oh the' ity's subjects ; and that Conn would acter it held, as the first Corpora ow, if it did not support the -Rein ial inquiry....(Heaiyhear). Wairttwor made a tIOSC aniMritdil bat the object ons of the 4pp:ogee* -he would not dignify them with dm arguments—had titan mattditteite pLintly answered. The importance of the subject would be his excuse for the few obser vations, which,. at that late hoar, he offer to the attention of the Court. He was glad, hoWever, that his opposers had the courage and the fortitude to state their objections. It she Wed how do miserably they felt the weakness of their c a u se ; f or h e would them y the justice to believe, that these Gentlemen would ra ther have the deficiency attributed to the cause they ventured to support than to any failure in their own talents. He would reverse the course of the debate, arid advert, first, to what had fallen frOm an Hon. Baronet (Curtis). That Hon. Baronet would, for sooth, give his assent to the first Resolution, that it was the undoubted right of the People to assemble for the expression of public grievances. But of what value was that right, if it was not exercised, when those grievances were notorious? Were not, 'then, the notoriety of these outrages at Manchester a pro per opportunity for exercising it? He, for his part, could say, that the first account he had read of that massacre at Manchester was in a Paper avowedly subservient to Ministeri, and the very recital, even in that Government Paper, without any further dis closure, made his blood run cold with horror—( Hear, hear). if, then, no other information had reached him, but what was contained in that very Paper, it would be sufficient to ground the Resolutions for a full and impartial inquiry. It was a Paper, which, nd doubt, his Lordship, the Lord Mayor, perused every, morning at his breakfast; and he would, indeed, be astonished, if even he did not feel horror when he read the melancholy effects of that wanton attack. But then, said the Honourable Baronet (Curtis), the Magistrates of Manchester were men of honour— their names were well known—from their characters, even if they exceeded their duty, and committed faults, that Court were bound to give them cre dit for good intentions. But let the Court observe how the Honourable Baronet answered himself when he descanted on the conduct of the people against whom they misconducted themselves. They, from their objects, must be rebels, plunderers, traitors.— He could look into their breasts, and because they meant ill, though they acted legally, could justify a wanton assault on them by the sabres of a military force. His sympathy was, indeed, at one side ; he Could justify the atrocities of those who ought to have known the law; whose situation and rank in life should 'have taught them their duties—who had no claims to commiseration, from ignorance, distress, or delusion, at the very moment that he justified cruelty and vio lence on a multitude peaceably and constitutionally convened. .Who told him that they were rebels and plunderers ? Did the Constitution of this country presume such a character in any part of its pallia tion peaceably convened ? The Constitution, if he understood it or valued it, conveyed another lesson. It taught the doctrine of jealousy towards the acts of men in authority—it looked with suspicion towards public men, who, armed with high powers, might be supposed to misapply those powers to their own party and factious purposes—( Hear, hear). It was one of its most essential and valuable principles to watch with a steadfast eye every , extraordinary act of public men, most particularly when' directed to the object of stifling the expression of the public feeling— ( Hear, hear, hear). But it was said these men were Magistrates,. and the Judges cf the land were Magistrates also, and ,:was their conduct to be thus criticised? The Judges of the land were not removable at the pleasure of the Crown.— They acted Under the ample and controuling power of public opinion, and beldOes, they were strictly checked by Jur ies in die exercise of their influence. But did that character apply to Magistrates, selected too generally for a jealous adherence to political at tachments.—too frequently selected for their subser viency, and ever ready to do the dirty, work of any Administration ?—(Hear, hear, hear) —Was it not then a curious mode of defence for the atrocities Of such men, to shelter them behind their good inten tions ? Their names Were known indeed, said the Hon. Baronet, and so- were the objects of the assem bled. people. Butthe latter meant plunder and re bellion, This to in the very breath that it was ad witted, that at .the Meeting alluded to, they did no harm. But then, 2 week before that, they were to have met for an illegal purpose. And thus,because some undefined mischievous object was put into their heads a week before, and which the people them selves, on a calmer and more, deliberate considera tion, felt averse to, a 'wanton outrage on them was to be justified, when their Meeting was legal, peaceable, and unoffending—Wear, hear} —This charge of sabres was the answer which the Hon. Baronet (Cur tis) would give to the returning good sense and soun der discretion of a British assembly—(Hear, hear). — If ever there was a case stronger than any one in our history for that Court to call for inquiry, it was the present outrageous and unjustifiable ;riassacre--(Hear, Hear!} —The Constitution of this country, amongst its other beneficial attributes, was stated to be no re specter of persons ; and surely, if ever there was an imperative call for the commiseration of those in au thority, it was when they contemplated the misery, the sufferings, the hausger—(did any m an who heard him ever feel its cravings ?)--of the unfortunate people in those agitated 3-Nstricts—(Hear, Hear I) And yet these were the creatures selected as victims for the assault of an infuriated Yeomanry ! And not for what they did, but as an Hon. Baronet (Curtis) has told you, for what they did not do. Inquiry was not asked for to screen the excesses of either party. Who knows, but if .granted, that at length that Come would be able to obtain the proofs of that Conspiracy which, given arson gob, had for its object the plunder and conflagration of London, and the murder of its respectable citizens. alpw came 'it that the conspi rators who were privy to that dreadful ' plot, were still suffered to walk abroad unvisited by the powers of the law a...(1/ms, Isar with continua Moats from Me auditory below tAe bar.) Were they allowed to prowl abroad fur the purpose of ensnaring innocent ' Mei) ?a—(Veaa,./sear.) The worthy • Alde r man pro ceeded te ra4vert ro the observations of other speakers, and conelOad his able reply, by . advising them to rebollect.that abstract principles of Reform were best answered by sound argument and conciliatory term per. The butter 111(Xiu of correcting the popular de lusion on such systenit, was to correct those abuses which were irotorloas, and whiCh none were hardy enough to jusia-fe—Weer, hear.) The LOUD NAVA having put the • nestion, de-. el: red the .ah oy of hods to be dec . . ...in favour Resolution. of the ln conseatteace data, several Members who held up their hands in the affirmative: 10 the eourt. A division was, however, called - for, and the votes *ere finally declared to be— For (tie *esoliaiions, S Ald. 69 Cora. Councilmen- 7 71 Against them, 6 59. 4s— Majority in favour of the Resolutions 26 . 1(r. Alderman WA ITHMAN left the Court, and as he passed through the Ball, was loudly and repeatedly cheered by the people. A considerable - crowd remained in the Hall and about the gates, apparently awaiting the appearance of the LORD MAYOR. At the expiration of half an hour, his Lordship passed through the Hall, and was received by the crowd with groanings, hissings, and hootings, which were continued until his carriage reached the top of King-street. MANCHESTER—Tuesday Night. The following is a correct Report of what took place at the New Bailey Court this day, upon the sub ject of an application to the Magistrates for Warrants against certain members of the Manchester Yeomanry, charged with cutting and maiming, at the 1 4 /lacing of the 16th ult. and which I was unable to detail in my _ _ last, in consequence of the early period at which the coach set out : Mr. H ARMER—I beg your attention a few moments. Mr. Nonnts—What is your name ? Mr. HARMER.—Haimer. I attend here on behalf of persons who received sabre wounds on the 16th ultimo from certain members of the Manchester Yeo- manry. Fortunately for the ends of justice, the per sons who inflicted these wounds are identified ; and the object of my application to you is, that you will take the depositions of the witnesses, which I have here prepared, and issue warrants to bring the patties before you. Mr. NORRIS.—Have you not presesented bills of indictment to the Grand Jury at Lancaster against the persons to whom you refer? Mr. HARMER—I do not mean to disguise that bills of indictment have been preferred to the Grand Juty at Lancaster, which bills have been returned ignora mus. But I beg to observe, that the Grand Jury are not to be deemed infallible ; and that it does not fol low, that because they may have mistaken their duty, or misconceived the evidence, the avenues of public justice should be closed, or all means of legal inquiry set aside. Mr. Noitats—Are not those on whose behalf you .now apply, the same individuals whose bills of in dictment have been cut by the Grand Jury ? Mr. HARMER—Yes, Sir. Those parties are in at tendance. Mr. NORRIi—My own impressions are certainly i'ery decided upon the subject. But, still, as there are several of my brother Magistrates here, I -Wish to consult, their judgment before I express my opinion. Mr. Norris then retired from the Bench, and in a few minutes returned, accompanied by several other Magistrates, to whom Mr. Norris stated in Court, that an application was made for warrants against the same individuals with regard to whom Bills of Indictment had been thrown out at the present As . sizes, oa the charge of cutting and maiming. He then, addressing himself to Mr. Harmer, askect— : . Have I stated your application correctly? if net, I beg you will set me right." • e Mr. HARMER—You e have stated my application pretty accurately ; but I have to observe that I have 'additional evidence* besides that laid before the Grand Jury.. • ~ , Mr. Neaa.te-4 have no , hesitation in saying, that I am qcidedly acfverse to the object of this applica tion. For, after the cases of the persons to whom/oil' refer have been determined upon by so higlta tribu nal as the Grand Jury, b canndt see the propriety of issuing warrants to commit them, in,order that they should undergo the same. inve s tigation again before the same tribunal : such a proceeding would, in my opinion, be a work of &upererOgation on our part.— it would, indeed, be an act of impertinence and in •trusion towards the -Grand Jury. of the, County, if we were so to interfere ; that would be to subject the de cision of a higher to the considefation, if not to the controul, of a lower Court. But such a proceeding would be altogether without precedent; and what would be thought, for instancectif a Magistrate who should grant a warrant against a maU_ for murder after a Bill accusiag him of that crime had heed ig nored by a Grand Jury. Such a course would, in fact-, be totally inconsistent with the principles of British Justice. Had an application been made to us before the Bills of Indictment were rejected by the Grand Jury, we might with propriety have inter fered, and I should not have refused to interfere to receive the depositions. I believe that I have spoken the judgment of all my brother Magistrates; to which those (sender= bowed assent.. Mr. HARMER—AraI touttelerstand that the Court ref Use the application for warrants because the cases have already been decided by the Grand Jury ? Mr. Noaßts—Certainly—yes. Mr. FLAaseett-i--Is it solely upon this ground that the Court refuses to interfere ? Mr. Noßßls—Yes. M. HARMER—Then I beg leave to state, that I have other cases which have not been before the Grand Jury, and into which I am now fully prepared to en ter. The parties are present to maketheir depiksitions. Mr. NORRIS, after consulting with his brother Magistrates, observed—This is a matter of import ance, and will require some consideration ; but, as we have other and pressing business to enter -into, we must postpone the subject of this application, and will apprise you, if you will let us know your ad dress, whether it will be convenient for us to enter into the investigation to-day. Mr. HARMER—I am at the Mosley Arms, Man chester; and when may I expect to hearfrom you? Mr. Nl:mats—We shall probably be engaged for an hour and ahalf, and shall be sorry to detain you from any other business that may require your at tention. Mr. HARMER—I have been spoken to by the friends of two lads of the name of \Woe, against whom indictments - have been found for libel, and who are now iu custody on a Bench wan - ant for want of bail. I wish to know to what amount bail will be required ; because, if the sum be moderate , they can immediately procure it. Mr. goaats then said, that he would step out aid' consult with his brother Magistrates, who-had with ' drawn from the Bench upon the declaration of the COuit with regard to t the application fpr wartatits. After about five minutes ablence Mr. Nounts re- ! , ovseet, tecothpanied by hit broths btigistrues,.4nd said; " The bail , requited for each bf the %Wei is LlXlo,lind - two iiiretiei in £so each ;" and addtd, I have takbn the oppOrtunity of consniting with thy !brother Magistrates, upon yOUr'previous application With respect to warrants, the con6oeration of which I we had deferred ; and, as all of us who arc now pie. I sent feel ourselves peculiarly circumstanced respect ing the occurrences of that day, we have cone fel a; detertnination not to interfere in any investigatiUn on.. that subject." Mr. HAuncan—May I beg to know the names of the Magistrates who are now present, and idite come to this determination? Mr.NOßars—Certainly; their names are, Mr.Hul ton, .Mr. Wright, Mr. Marriott, and Mr. Fletcher. Mr. HARMER asked, when the Court would be prepared to receive bail for the two Wroes? Mr. Noners—lt will be necessary that notice of the proposed bail should be given to the Solicitor for the prosecution ; and if the names are now giveh, the bail may attend to-morrow. Mr. HARMER—The warrant merely expresses that they shall be brought before a Justice to put in bail— and there is no order of Court that notice shall be given. It will, therefore, be an extreme hardship that these lads, one of whom is only 15 years of age, should be confined with persons of the most excep tionable character. Let me hope, that the Magi strates will take into their consideration the peculiar novelty of the charge against these boys—who, in the sale of the alleged libel, were only' acting as the agents of their brother. Such a proceeding apprehend, without precedent When the bail appeared, Mr. NORRIS questioned them as to their responsibility, and asked them if they could swear that they were worth 1001. each?- Whereupon Mr. Hafttase objected to this examina tion, as 501. was the sum named, and for that sum the bail were come prepared to justify. Mr. Nonnts.—lt is the custom here to compel the bail to justify in double the amount. Mr. 'HARDIER.—It appears that there are many customs here which are unheard of elsewhere. Mr. Nostais.—l shall require it, Sir. Mr. HARMER —I tender the bail; and it will be recollected that the persons are here ready to justify to the extent of SOL which is the sum actually re quired as bail.—Mr. HARMER then left the Court. The Magistrates, upon reflection, thought proper to accept the bail and, liberated the prisoners in the course of the evening. The Grand Jury at Lancaster was discharged yes terday, at noon; and no bill having been found against Adamson, who was committed upon the ex traordinary charge of having seditious papers in his possession, with, talent to publish them, that prisoner will, of course, be discharged by proclamation. Mr. HUNT, and all the other defendants charged with the ceaspiracy, -are expected to arrive here early to-morrow. More than double the nlimber re quired to . bail the prisoners appeared in.the Court yesterday.. Owen has put in bail and traversed, so that his case will not be brought to trial until the next Assizes, al bere-pablicly boasted of his eager. ness to go to 'trial- at once; in order to vindicate his *njuted.fame. - OZDHAM, SEPTEMBER 8. .• Half-past One in the Afternoon. CORIIkER'S. niZILTEST ON THE DEATH OF • " JOHN LEES. This morning, at eleven o'clock, the Clerk of Mr. FARRFN, the Coroner, residing. at RoChdale ' met a Jury, summoned last night, for the purpose of hold ing an Inquest on the death of John Lees, one of the victims of the MeetiOg of the 16th ult. at Mancester. The Jury being sworn, proceeded with the Coro- • ner's Clerk to examine the body, and a more shock ing spectacle never presented itseltto my view. The whole of the back exhibited symptoms of mortifica tion, and the right arm was dreadfully tut, evidently by some sharp instrd;nent. On the return of the Jury to the public-house where the Inquest was held, Mr. Harmer, addressing himself to the Coroner's Clerk, asked whether the Jury had been sworn? Prk being told th at they were, he requested to know their names, to which the Coroner's Clerk replied, ' ll. l shan't tell you: what is your name r •Mr. Hastanta—My came is Harmer. I presume, Sir, that you are the Coroner? • •.• CLERK—No, I. am. not; lam the Cerl . k. of the Coroner, Mr. Farrell . , who is at Lancaster, and I am come here to hold the Inquest in his stead.' Mr. HARMER—AIIow me to ask your name, Sir? CLERK—I shan't tell you ; I won't answer any questions. Here some Gentleman observed, 'that he had no doubt the Jury themselves would have no objection • to tell their names. • CLERK—No ; I desire that the Jury may answer no questions. . • i• • - . A Gentleman then Obsetiedr,ths the•gamiot ths Clerk was Batty. CLERK—Yes, that is my table . ; I shall not pro ceed upon this Inquest now; I.shall adioii'm till Mr.• •Farren comes. " .• it • . • Mr. IlArtmEtt,-When you had the Jyry sisminon ed, and when you came here, wsit.lenot your inten tion to hold the Inquest ? L. r• Rasmt.—Yes, it was my intbntion,:fo by•the Constable that Lees was but from what 1 have seen since I c. adjourn the Inquest. 111r.•HARMER—If you-had not seen the witnesses, 'would you not haVe the Inquest ? will answer you no . and (pointing to a Gentleman who at the table) I suppose I 'shall see and white in the New,papers in a fe Mr. HAiotta—Any Gentleman who tibusly and correctly need never.be - lication of his conduct. Besides, this any Man is at liberty to publish. takes place here. BATTY'—If Mr. Farrell was here, -would not allow one of you in the .Mr. ikaassur.—Please to pbt that dressing himself v, the Gentlenutp beg to observe, Mr. f'drren could not us'; for as this is A finblic C6tift of into the cause of thudeith of a 'ft) has met his death by violenne, if England could be so compressed, r : L r' io 41 . 1 t , ,• 111 , i, , . I I ' 1 1 i 1 1 j I t . 1 ; .. 1, ~ 1 • , i St' ' 1 I I I • . :J , , , , ,i .; ,•' 1 . 1 ' . , i 1 1 11 1 S't I 1 . . 1 . I . 1 , • 1 I . 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