The Express.
London, England, 1864-05-28 00:00:00

PUBLIC !EFTA G 8 IN THE PARER.

Mr. 9/11ALLEY rose to cell attention to the installations
issued by the polio' comtnimiosers as to the seppressice of
public meetings in the parks, and to the power armed by
the subordinate officers of the polies force pursuant to theie
instructions in suppressing • meat tneetang on Primo**.
hill. With regard to this question it was en unfortunate
coincidence that the right of meeting in the public parks
was connected with the Well of this gentleman—Gartheldi
—(laughter)—for whom the people of this metropolis, and
the public general y, bad so strong a sympathy. It was In
ooneerion with • Garibaldi meeting held in Hyde-park in
1862 that the instructions were inroad natter which the
re:acted is suppressing the meeting held at Primrose-
-1861, so that Garibaldi was unwittingly the cause of
the greatest injury which could be suifia by the people
of the metropolis. (Hear.) What he wished to cell the
attention of the house to was the extraordinary power
which, it appeared from the returns presented to the
bowie on his motion, wee assumed by the chief
commissioner of police in the metropolle. He m-
eowed the right, without the least right or authority,
of closing the public parks against the public. If such an
easumption of power on the part of the chief commissioner
of police was justified by the house, then there was cot a
police force on the continent of Europe more arbitrary, more
above the law, and more directly antagonistic to the public
interest, and to the proper duties of • police force than the
police of this metropolis as administered by Si; Richard
Mayne. (Haar, hear.) He should Judah, that statement
by a Tolerates to the order issued by Sir R. Mayne on the
9th of October, 1862. The bon. gentleman here read the
order, and having done so, he denied that any act of pasha.
meat gave Sir R. Mayne the right of pronouncing on what
were " public and exciting topice, and imortatiterit with the
purposes of the parks." It was the duty of Sir Richard
Mayne to carry out the law, not to dead* what was or was
not consistent with the public interests. (Haar, hear.)
Sir R. Mayne order connected the Garibaldi isestiag
with disorderly sad riotous proceedings, which was at
variance with the fact. The friends of Garibaldi brought
no "sticks" or " stones" to the meeting, but they were
interfered with by • clearly organised band of rioters, who
he supposed were brought from Connemara for the purpose
of disturbing the meeting and preventing discussion.
(Hear.) The meeting which was suppressed in 1862 was
held on the Sunday, but the late meeting ost Prinircetehill,
which was suppressed in virtue of the orders issued in 1862,
was held oa a Saturday. The right hon.gestlentan said
that if those who were prevented from holding the meeting
felt so disposed, they might try the legal right to hold public
meetings in the parks. But Sir R. Mayne averted from
himself and his subordinates the consequences of his acts, for
in paragraph 10 of his instructions, he said, " It is desirable
to avoid taking penes, into custody." (" Hear, hear," and
laughter.) He should like to know what betimes Sir R.
Mayne had to interfere at all unless the police were justified
in taking the parties who were supposed to have trear
geared the law into custody ; and unless the parties were
taken into custody, they could not try the question whether
the police had the right of prohibiting them front meet-
ing in the public parks to discuss public gnostical.
Ifs could himself speak of the manner in witich the
police acted from personal obserratioo, but he would furnish
Wilber authority. Mr. Self*, • well-known magistrate,
stated meetly that the police took penes. into custody
without proper canes, and that such awe occurred so lin-
gually that he intended to keep • book in order to mooed
them • Mr. Yardley, another magistrate, also spoke of par-
sons hreught before him by the police who ought sot to
have been arrested ; and It. Baron Bramwell alluded to a
similar instance which mme ender his observation. It,
therefore, appeared to him (Mr. Whalley) that the action of
the Chief Commissioner of Polies, and of the force under
his control, was dangerous to the liberty of the subject, sad
calculated to being the law into contempt.
Mr. AYRTON said that the question as to the precise
right of the public to the use of the parks was • serious and
important one, and as considerable inconvenience might arise
from u.y misapprehension on the subject, he hoped that
those rights would be clearly defined by the Secretary foe
the Home Department. (Hear, beer,) It was clear that
it could cot be left to Sir Richard Mayne or his subordinates
to define what were assemblages which might be permitted,
and what were meetings which should be prevented. (Hear,
bear.) A dialect principle should be laid down, and it
should be stated in whom the discretion on that subject
was really vested.
. . _ .

Sir C. GREY said the boo. member for Peter
(Mr. Whalley) had raked the question of the right of
public to assemble for all peaceable purposes in the royal
parks, and is corms:ion therewith Dad also reload the goes-
tios of the legality of the Betio, issued by Sir R. Mayo*
in 1862, and the instructions which he bad given is con-
formity with this notice, and the minor questioe of the
right of the police to interfere with the meeting which took
on Prunrom.hill. I'he hon. member had stated that
be had searched the Police Acts and could not find in them
any authority given to Sir Richard Mayne to item the notice
of 1862. The hon.msenber was quite right in that. The
notice was issued is consequence of the riotous proceedings
which took place on several successive Sundeys, and was
net lamed on the authority of the Police Act. The parks
were royal parks and were the property of the crows—
(hear, hear)—they had been dedicated by the authority of
the crown to the use of every clam of her Majesty's subjects,
but this use was subject to certain mealtime sad
restrictions which were essential to the objects for
which the parks were dedicated. (Cheers.) The
' crown had clearly the right to Wm these
restrictions, and the Commissioner of Polies, is publishing
the notice of October, 1862, was acting under the authority
of the Secretary of State, who wee responsible for the regu-
lations which were boned. (Haar, hear.) It was true that
, the notice Mined by Sir Richard Mayne did not state the
authority under which he acted, but it was not necessary
for the validity of orders that their authority should be
stated. (Hear, hear.) He (Sir G. Grey) had no idea that
there existed doubt on this point, or that the parks were
regulated under the authority of the Semetery of State.
The notice issued odder the signature of Sir Richard Mays*
in 1862 was signed by the authority of himself as
at Siete, and was issued in consequence of proceediagtz:sa
took place at that time in the palm. He (Sir G.
Grey) was respoosible for that notice. It forbad* meeting sin
the parka, because they were inconsistent with the objects
for which the parks were dedicated to the priblic—(hear,
bear)—and as he hid stated was issued in coosequence of the
tumults which then took place. Sir Richard Mayne bad
limited his instructions to the Sundays, because the gather-
iap in 1062 were only on such days, but the terms of the
notice were general. The bon. member had quoted the
opinions of several magistrates, but those opinions were
confined to the cases of individuals who the magistrates
thought ought not to have been taken into custody, end did
not affect the expediency of the orders then issued.
He (Sir G. Grey) was glad to find that no new
cases were quoted by the boo. member, or any
iu which magistrates bad very recently expressed similar
views. The same identical opinion had been quoted by
the honourable member this time twelve months. (Hear,
hear.) It would not be thought necessary todefend the
expediency of the notice of 1862, as it wee agreed that
such a notice was cooducive to the public interests. Prim-
row-Dal was cot in the same position as the royal parks;
for, by an act of perlisment, it was plated under the direct
control of the Right Hoe. the First Commissioner of
Works, and it was necessary to obtain his permission be-
fore a meeting could be held there. Before the meths' for
the planting of the tree in hamar of Shakespeare, it was
necessary to apply to his right hon. friend the Chief Com—
missioner of Works for leave to do so, and permission
was freely given. After the mooting another meeting wee
about to be held, but neither the Secretary of State nor
the Chief Commissioner of Works had given any instroc.
time to restrain that meeting from being held. He under-
stood that the superintendent of police conceived that in
interfering with that meeting be was acting in the spirit of
the order of 1662. The superintendent was reprimanded
by Sir R. Maya for excessive duty ; and it appearing that
no injury had been inflicted upon any , that was
thought to be sufficient to prevent any tad Scram seal upon
the part of any member of the force in future. He hoped
he bed satisfied the boo. member for Peterborough that the
cooduct of Sir P.. Mayne was not censurable, for that the
Chief Commissioner and the government were responsible
for what had hem done.

Mr. NEATE wished to ask whether if it should be pro.
posed to hold • peaceful meeting on Primrose-bill for the
purpose of passing resolutions in favour of the 61, borough
franchise there would be any objection to its being holden.
(•• Hear, bear," and "Oh. ob.")
Sir G. GREY said an application was made to bold
meeting—wbkb turned a out peaceful and • small one—
on Primrose-6A and the Chief Commissioner of Works
consented to it.

Mr. WHITESIDE suggested that when it should be pro-
posed to hold another meeting to inquire why Garibaldi
left the country so soddenly, the meeting should be held
in front of sutherland•bousse. (Hear, hear.)
Mr. F. S. POWELL asked whether, when the govern.
ment proposed to take a vote for the purchase of land and
the erectioeof buildinp thereon, time would be given to hoe.
members to examine the plans, specifications, and other
matters. The explanation of the scheme of the government
ought not to be made and the vote taken on the game even-
jug, but some time gives for deliberation ; and if third
parties should be dealt with, as, for instance, the trustees of
the Royal Academy, the house ought to be fully informed
of the negotiations, and time given for oonaidering the
matter.

The S PIA It ta thee left the chair, ►•d the home meet late
• committee of supply •t ► go►rter to 12, •ed immediately
reamed.