The British Press; or, Morning Literary Advertiser.
London, England, 1818-03-04 00:00:00

phone , reasons
with -Ce4W-er-ti, thi 'ill..closing evidence,
pitnisim bi evertor'. 'cold(' meet a Cate, where a to-
Multttous Ind disorderly ist4Mbly disturbed the
pothlic.peli4e gild 'tranquillity, and c:illed op
the Magistrate to interfere. if the Magistrate
acted correctly, was he not perfectly able,
should an action be instituted against him,
to make • good thTence, without having re-
cotirse'to those Sources of infonaation, the disci°.
sure of which, it was feared, would produce finis-
chief to the State ? Then came the question, whe-
ther tlwir Lordships were not bound to narrow the
operation of the pretent Ilill, by excluding from it
all those Cases which could be justdieil. in a Court
of Law, without idthicing any evidence that could
affect the public safety ?, Ile felt, as much as' any
num, that those Magistrates who had' acted in is flir
aildimuso jtde manner on this Occasion deserved Ikeii
proteetien-i-land. knowing the honourable principles
Istethist 'respectable body of men, lie would say. do
their behalf'. 'that. he believed they' would Moat
Willingly jiistiftntlieiir Ciindoct, iu the Most Opel,
mousier. if they could do so with a due regard
to the public safety, instead of availing them.
selves of the yell whh this Bell would throw
over their actions. He did not think any in -
couvenience could attend the expunging of those
words, which alike protected from the ordi-
nary legal 'process those Magistrates who had •
good justification, without being under the neces-
sity of disclosing private information, and those
tvlio.e defence entirely depended oit such • dis-
closure. lie hoped, therefore. the clause would
be so framed as to except from its operation
Magistrates having a defence of • perfectly public
nature.
The LORD CHANCRLI.OR said, the L•gislature
were -bound to grant protection to the Nl4oistrates
bir •this country, under the actual circumstances of
the case. In the preamble of the Bill, there was a
recitentenr, which set .forth, 48 that divers persons
hod unlawfully ism:misled together. in such limn-
*i as to distiith -atitrandaiiger the public piece
Ad tranquillity, •aistl' to intimidate' the' tidal 'Or
111 i Mlj'esti's loyal" Mind' peaceable dubeCtil"—
. !tod the latter part of it spoke of th 'aistie rei
ovi
Midi "'as riotous 'and disordeily"—bu ''firth as
a titwitOrtio."--thut Making 'is distinction" bettieel
surfaMfai 'and traliorout. 'The Bill went'ii.to
slatf6•64.thilt its case the acts done by the-persons
"I:4fied. gtif VAyili iiiiiitisoning, hot halt dillpiri-
iii itithitisseraiblies", or .4 iibrt of them, sTiOtild
be. made ' ble-Wrsii.Ct of prOilecution,"'then 'The
Parties' 'accuse'd ilidtilit be indeldnitied:" •This Wilt
clearly called 'for-becritise it'ibighta 'be iinphasi-
bre for the Magistrates' to )(lair+ Iltettuterigi.
About nialtitig.'"en open ' chieliiihre Of 'the
Miami' of PersOug through 'whose' isielbithey hail
dimOvereal the real 'object' of itith Mietings. ' ff
10 oft I%ooo' pirsOisi assembled teigethei,. with the
intent of liiireCedinte toll..rindon,`liiiil the Mar,,ii.
trate* prevented then, Would their.tordsliips, Un-
der' such-eiteunistancess, suffer them to -•be'cislleil
on to enter a jtailitication to the action Of Ovett hi-
dividwil Whoiu they 'had (hut taken apOli-tliem-
selirel'io 'stop out his'''jourtiey ? ' Wherever the
..firelesice'Or4 nieefing, Might' be; they'. might' have
.cairrct informatiOit or their actual iiitelitiiiii—the
source of which iiikirmaildn theybugHt not to tie.
called on to disclose.' more than'. the Minitters df.
the country to give up the parties from swinish' they
• '
had received Intelligence.. i
The tqarquis Of Li soowtr —" As to thousands
of iwisons bringing their actions. it is out of, the
question. I speak of persons arrested."
•The. LORD CHANCELLOR—" The disturbing.
or dispersing persons, under certain circumstances.,
. might be unlawful. and give rise to actions."

The AllArquiv of I.,tvsuown--.1 The Maxis-
•trates had a right to disperse any unlawful assent-
bl3lit was their duty. An 'climb brought, on
•that account, would not call fur any of that
species of evidence, i. i twitter of justificuti )))))
to witieh the Learned Lord referred."

•TbeLORD CSADCILLOIL--" More force might
'he 'kW, thiii ercibld appear tiecessitr to tl,ose who
*ere' eat itilbrmed of the real inteistion'of V meet-
it might be highly improper to discloie•
the source of that informitfion." •
Lord HOLLAND Said, the whole argument of
the Learned Lord Went to this—that whenever an
unlawful assenibly Was ili rpreSed by the Ilagiitrate.s.
they insist come to Parliament :for jf &dein-
nity. According to his doctrine, when a Msgistrate
put an end to a tumultuous there wits no
law to protect him; but lie must, in each individual
case apply to the Legislature. ' He did not tlaqk
the Learned Lord's argument at all conclusive.
But he protested against the principle on which it
nail urged, which weist to overturn the law of the
land, and to make Magistrates arbitrary in the ea-
urine. This would necessarily be the case, if,
whenever they dispersed a meeting, they were
taught to expect a Bill of Indemnity. Hr should,
for these reasons, vote for his Noble Friend's
A inendipent.
The LORD CDANCELLOIII—M I say Magistrates
are answerable for their acts, and ought to he made
to gnawer for them. The present is not a Bill that
discharges them from that liability in general—
but Parliament, teeing a particular case, of ex-
treme and special neceasity, are called on to say,
whether, under the circumstances of that case, they
will deviate from the usual and ordiu*ry coolie.**
Lord HOLLAND—" If it be a special and extra.
ordinary case, let it be tried on its merits. My ab-
jection is, that the principle laid down by the
Learned Lord goes to all tumultuous and unlawful.
assemblits whatever."

'The LORD CUARCRI.I.OR-..." The Noble Lord
wishes this case to be tried on its merits—but be
his nut told me how it is to be brought to issue.
1 cannot distinguish between an action brought by
the whole 151,000 men. or by one of the number."
. •
Lord HOLLAND—" It will be a dreadful lesnis
to the coutitrt..-for not s owe con occur in which'
a !Magistrate disperses what lie calls • thmultuoiti

, but he may come to ,Parliament and
• • .
iiittletotlji.''' ' 1
Mrsrethis of 14,esAlstrarrles ihe Leatp-
' ail otiiectliti to cctiiihnt , • elapse to that
• Ntaristiciiniato edit& hls'ofipears to have
If - apply to•all acts done under the
iiig unlawful itssetalthte..thett .tuy
lige itient isrificili earrect, and,
J, the MagistVate war deniiiiia •
lily."
_. - LtvEneoot. said, in the indemnity
Bill of 1001, these was no such clause as die pre-
sent, Hod the redatni was olivipist.' In' the pieviofts
period many irentrins'•We'fe".tiikio up for ve.tlition,
erefore
but were not brought to trial-..510p it h was t
necessary that the bliaisters of the Crown should
he protected from actions; But there was not, at
that time, any thing in the iihaPe of insurreCtinos
that dimitided `die active *iiNeacirence of 'the Ma.*
glilf:11e.; sisal timidly collet! Li such a clause ail this.
Here the case was quite different. Acts of insurrec-
rectiou. of a formidable mature, and to a enn7
siderable extent', *ere actually corumitted. His
Learned Friend had all Oded to a body Ott°, '.
0
.. . .
persons. win, assembled at Manchesterr-antl the
Noble Lord observed, that few of them were taken
isp. Now though the number arrested on that oc-
casion was lint cousiderablei as cOmporecompared'in the
Whole, yet, in another point of view. " it was eery far
from contemptible. The Magistrates. in 91.4er 19
prevent. the plans of those people, coulinad 250 of
theta to one place, for some time. Now would
their Lordships he acting lastly' qr • fairly tP the
Magistrates it they did nok ' 'protsce 'them froni
ifiC •vexatious suits that Might, in consequerice.
be instituted against them ? The question here
was, not what the law of the lanai ohotild or-
dintrily 'be, 'but n'hether; in '*iiii especirf case,
'.here eetritirilinitry" (avers were steep. end
&L e. perhaps, iii equeequence of jar siting
powers, Magistrates were excited to a greater
digree of vigilance and activity, the Levileture
*ould withhold from' them that oroieltnyi tenet
they well 'deseieed'? ror biar Pert? he 9114446e0
there Were eironger. reasons for this unapt 10. E SPY
other clause iii the Bill.
The gad of craksitvqii said. there !Right lac
very strong reasons fur it, bat the tioute knew
notion:: at all about them. Did Noble „
Lords
, ..
mean to say, that; from the neciWiity of' tne'case,
last year, the tflogi'slralys hipflatie *6404 their
I I : ...''. •
powers, and were now ob wed to come to that lionse
for an indemnity ? Irthey-did. then let their eute
be fairly stated; and the Houst would be reedy to
meet it. 'But they *erre not to tile it' fdr grritiled,
in • limes or diPiger'„ 'tidiest brik:tiales elteried
dirmialr'es; and *happened In exceed the late, debt
they must, as a infante of course. receive an
indemnity. He should' support the motion of his
Niible !friend, 'not because he wes con'iiiiCed• that
ad indemnify was not necessary on 'this rricesloon.
but litceitoire he had to complain unit they Wen le-
gislating in the dark, and no ground was laid for a
very great deviation from the ordinary' course of
j• tilltiCe• f
""live amendment was then negatieed.
. •
said.' tie
Lord, Ettstypee, said. he wished to mei% ep
amendment, that would place the Magistrates, with
regiect'to• persons' arrested by them. 'in the name
sifidition as 'the' stand in other cases, uoeie tlr
A ee.6f stn'Vlii•'4t f liiii;'*riesti. VOiet Mt? if is
person were conriCted liefer.e two npigirttntei, omi
the conviction' was afterwards quashed. the Ma.
gistrateg were' not liable to" itrorcutii )) i, unless it.
were alleged by theaggiieired party, dolt' the cOn-
victims was' malicious, 'aiid ' that'll* blrigistrttaa
acted 'Wit lidat 'probable.cruie. ' A iirk-if, the. Nary.
in' that •cre•6'Betc,ol,,Thes ISfendi;ut to have coil
doctCil... luenselt 'tiii wiriiisli.-•he was sikelet, to a
severe visitittiau. Ilia Lordship wished, after the
douse, which set forth—
" That every person, hy wham any such act, matter, or
thing., may Mere beer done, shag beriirtitiitiM, discharged,
andtlickagoafed, biith With iesPeet to peesrias taken Into
eastodt;Abctiirgetclieitiriperserq*". Y'' ' • • ''r
Thlif'ilid'fdlimting Prriiiiii i•houldilie intiudord.;—
" Provided 'always, that 'ldiklkit
.litreia 'costritaeit shell
be' extend, or '
eoiistroe4 to (await, triiir.y reslratieri". dr
thing, dowilorny Perrin whitevt:4,lreosimitterl aid. i?ieinity,
ur without iiiitmabre M. pwilialble cause." • i
AS die •Bdl stoat!. nu iictipli'dotilld be nminteitied ,
against a Magistrate, although it could . be' proved 1
I by a thousand perions that his conduct was mail-
' ciaus..-inid this error he Wis, aupiiitir to, retifx, by
ilieVrifiiirlinent *114,4 5)16',3.,1444gyr4101., se, lie
could very easily conceive. that many 'italic'', thignt I
exult for indemnifying' a Magistrate whose defence
might rest on the diselosureil,perlieular informa-
tion—but lte-coithi slit id tigiate silty, Is, a time of;,
per feet tranquillity, individual, were to be preclud..
ed front bringing actions fur injustice or cruelty.'
the proof of which depended on the testimony or
the witnesses Met "could' bßn rotward. *WOW
that /l af" ongle to'
the. liitotle; apt :peferais ye iiii Bail
committed suct,acts (he himedicy ,wcre vciyoten)
should be protected, and that tooter the safety of
the country ? The safeti of the country depended
on the affectimis 'br the
.peo_pl'et, and mot on spell
crithirial par iality: as this. The,"NoVfe Lrd coo-
.
chided by proPhsing'his amendment.
The Loao CHANCELLOR void, lie had a short
answer to utake to t4e otit!etvifiless of his Noble
Friend: Tliqhad proCee.lieeposte:woiii jaeslsiiig
a BM of indemnity—Gilt. if they adopted the
clause now ilitrodaced they would nullify all they,
had previously done. The geneirl principle cer-
tainly Was that an action could' not beitiaititained
against a Msgistrte• fur his Acial cOniliq,e,; Writega
he acted maliciously and without prohighle copse.
But they were passing a Bill Of Indemnity, which:
necessarily interfered with general principles—and'
they hail it in their power, iT they did lint choose'
to persist in it, to abandon it at once* This
was a much better way Wen 'agreenig to clause? that
would defeat the Mimi of the Bill. Note, suppose'
an action was brought against a Magistrate, chafe;
ire him with having proceeded maliciously and in
the absence of probable Cruse, the Plaintiff might
declare that be hod been malicirrusly tidieii. into Cut.'
to and, it' the Magistrate. hull proceeded on •evi-
dance winch. consistently with a due regard to the'
public wifely; he could nottlisclose. he had no answer
whatever to make hi the chtirge; He could not
Mute the mature of the inforination he had reCiVed.
end which afforded. the probable ground' of pry-
ceeding. Admitting some illegalities to have been
committed, still it was for the public interest that
Makistretes should he protected, not only against
vexations suits. hut ' again's( those, which, by
their number, might parat)se the efforts of. any

of the Committee to that part of the ciente rlsich assembly, but An
went to idtkontoily• Illlastbites, not rorio, cam- 'call For tigkinkt)
'flitted !Ipy \Rid pr-'f instifiable in stlremoelves, 7* The M • (lb, pif
but,becifuSe they' here'broiled to trial, etl Lord aht ohjit
for niiiiit;lflttijr vikollebe 611 rd bffev In their .1", part icolar Vseristi
defence would comprinlnise the public safety. In Abided ? if it
his opinion, mosy itottances might occur, where the , Alt
3Ligisiriste might have a perfectly good der...ode,
without resoling to any private source of informit- oe edit' blcrl~m~
!ion whatotwver. Noise of the reasons adduced, of110"11"i')
With 14:eiiiWerfii the evidenCe,. _ The Enl of L