The Sun.
London, England, 1839-05-18 00:00:00

NATIONAL CONVENTION

,ONDON,SATURDAY, MAY 18, 1839.

Dr. M‘Dotram. moved that the following be added
by way of addenda, to the resolution :
" And this advice be adopted, provided the authori-
ties of the different districts where meetings are to be
held, do guarantee a deputation of the people that
neither the military nor police shall be employed against
the people, as long as the people conduct themselves in
a peaceable and orderly manner."
Mr. DONALDSON and Mr. STOWE supported Mr.
O'Brien's resolution.
Mr. O'BRIEN thought the objects contemplated by
Dr. M'Douall would be better attained by a substantive
proposition. He would recommend that the Magistrates
in the different districts should be waited on by the De-
putation, for the purpose of ascertaining whether there
was any intention to interfere by force, stating at the
same time that they wished to conduct every thing
peaceably and orderly. No Magistrate would refuse to
give an answer. If they said they would interfere,
which he (Mr. O'Brien) did not believe they would,
that would be telling the people what they ought to do.
Dr. M‘DouaLL would persevere in his amendment.
The question was then put by the CHAIRMAN.
There were—
For the Motion l9
For the Addenda 4-15
The following resolution was carried unanimously.
" That the marshals and other officers who may have
charge of the arrangements for the simultaneous meet-
ings, are particularly requested to use every moans in
their power to give effect to the recommendations em-
bodied in the preceding resolution. We also recom-
mend that the aforesaid officers do in all cases consult
with the local authorities before the meetings take place."
Mr. O'BRIIN, in moving the next resolution—
" That in case our oppressors in the upper and middle
ranks should instigate the authorities to assail the people
with armed force, in contravention of the existing
laws of the realm, the said oppressors in the upper and
middle ranks shall be held responsible, in person and
property, for any detriment that may result to the people
from such atrocious instigation"—observed that large
bodies of the middle classes had been sworn in as spe-
cial constables, and it appeared that they had, in some
instances, acted with great brutality. They had not
only beat the men, known to be Chartists, but they
had ill-used and beat the women and committed other
excesses contrary to law, humanity, and justice. He
therefore moved the above resolution to show that while
they themselves were determined to obey the law, they
were also determined the authorities should obey the law.
The resolution having been seconded, was carried unani-
mously.
[Mr. O'Connor here entered the Convention, (one
o'clock), and was saluted with the most deafening cheers.]

to sit in London to superintend the presentation of the
National Petition, to prepare the People's Charter, and
to confer with Messrs. Fielden and Attwood as to the
best mode of bringing such Charter before the House
of Commons."

Dr. FLETCHER then submitted for the approval of the
Convention the following address to the Queen, which
is to be proposed at the simultaneous meeting to be held
throughout the country :
TO THE QUEEN'S MOST EXCELLENT
MAJESTY.

May it please your Majesty,
We your Majesty's most loyal and faithful subjects, the
inhabitants of , in public meeting assembled,
have witnessed with great satisfaction the proofs which are
every day occurring, that neither of the aristocratic factions
which have, for centuries, usurped the executive power, by
corrupting and controlling the legislature of this deluded, op-
pressed, and degraded country, do now possess the confidence
and support of any large class of the people in such degree
as to enable them longer to exercise despotism under the
mask of Constitutional liberty, or to plunder and debase the
great mass of the people under the wily pretence of Libe-
ral Reform.
The honest and intelligent working people—that class
with whom all useful Reforms have originated, because
they are the first to auffer from corrupt and bad
Government, have long expressed their detestation of
the system by which the Constitution has been destroyed,
and our ancient laws and institutions have been rendered a
mockery. While they deprecated the continuance of that
system, they pointed out the consequences which those
who attempted to stifle their just complaints and demands
by brute force, are now compelled to admit.
The experiment has been made of widening the basis of
oligarchical despotism, by extending a part of its privi-
leges to the middle classes, but those classes, who vainly
imagined that they were about to share the substance, as
well as the semblance, of political power, have not found
their newly acquired privileges sufficient to prevent the
natural progress of despotism, which, first attacking the
humblest and the weakest, involves in its career all but the
highly favoured few in one common ruin.
The fruits of Aristocratic Legislation were the plunder
of the national property for the benefit of the great oligar-
chical families—a publics debt of an amount, which, were
we not familiarized to it by habit, would stagger credulity,
a consequent amount of taxes, which it would be found
impossible to collect, were not the people kept in sub-
jection by a military force, which, it is no longer
concealed, is kept up not for the defence, but for the sub-
jugation of those from whose industry is wrong the means
of maintaining it.
The results of middle class legislation have only ren-
dered the actual existence of despotism more obvious, and
brought those who have exercised it more effectually
into contempt, by substituting palpable falsehood and
barefaced fraud, for those covert manoeuvres and intrigues
by which oligarchical despotism had been clothed in the
garb of constitutional law.
Conscious at once of the dishonesty of their
projects, and the feebleness of their power, your Majesty's
Constitutional advisers have attempted to evade the re-
sponsibility of the treasonable inroads which have been
made and are making on the ancient and inalienable rights
of the people, by delegating the executive, and to an
awful extent, the legislative powers of the Constitutional
estates of the realm to irresponsible Commissioners,
whose very existence is illegal : and by seeking the
advice and instructions of magistrates, and other local
authorities, whose business it is to administer, and
not to interfere in the making of the laws.
Thus while the manufacturing and commercial interests
of the country are sinking into ruin ; while we arc notori-
ously without sufficient means of defence against power-
ful states anxiously watching for an opportunity to destroy
the last remains of our once-boasted wealth and power ;
we are in effect also without a responsible Government.
We view all these evils as the natural result
of the people being deprived of those ancient Constitu-
tional Rights which have never been formally abrogated,
and which, in part, were guaranteed to them by the very
act, which secures to your Majesty's family the throne of
these realms. Seeing the reckless determination of your
Majesty's advisers, to put down, at all hazards, the peace-
ful agitation of the people for the restoration of
those rights, we pray that your Majesty would be
graciously pleased to dismiss your present Ministers, and
to call to your councils men possessing the confidence of
the people, and ready to carry their will into effect.
That your Majesty may live to reign over a really pros.
perous, powerful, and united people, is the sincere prayer
of your Majesty's truly loyal subjects, the inhabitants
of —..—

EXAMINATION OF BROWN AND FITS-SELL.
Mr. O'CONNOR then rose, and said that perhaps the
Chairman would excuse him for intruding oa the Con-
vention, while he gave a short account of what had
taken place at the public office. As soon as he heard
of the arrest of Brown and Fussell, on an application
from
rown's brother, and Fussell's brother-in-law, he
determinedß to go down to the office and act as counsel.
He did so. The evidence against the prisoners was
thatsed h
of a tax-collector, who swore to some language
u
Fussell, on the 20th and 21st of March last ;
and lnspector Field, and a metropolitan policeman,
namedJenkins,who gave evidence against both. It
might not be unimportant to observe, that all the rules
of evidence were entirely dispensed with, that the evi-
denceof the two policemen was exactly such evidence
as policemen always gave—namely, evidence which it
was impossible to break down, because they swore from
written documents. What they swore to was, what was
said_ at the meetings held on Tuesday night, Wednes-
day night, and last night. They swore that Brown said,
"Meet again to-morrow night, and come with some-
thing in your hands, to repel force by force." Nothing
whatever appeared against Fussell. He (Mr. O'C.) di-
rected the attention of the Magistrates to the rules of
evidence. The evidence the policemen gave was that
they each separately wrote their own notes after they
returned
from the meeting last night, and then they di-
gested one piece of written information from the notes
they took. They destroyed the notes they separately
took, and swore to that combined evidence on one piece
of paper. It was in the writing of Field, and Jenkins
swore to it. The course he ( Mr. O'C.) pursued was not
to cross-examine the tax-gatherer at all, because
he gave no evidence against the prisoners that could
in the slightest degree operate against their liberty.
The policeman gave evidence which could have
been subverted, but he could assure the Conven-
tion and the public that they might as well talk to
the wall as talk to the Magistrates of Birmingham on
the rules of evidence.—(Hear, hear, and a laugh.) The
Magistrates bad frequently attempted to stop him, but
he told them he would not be interrupted, and that if he
was not to make speeches they were not to make inter-
ruptions. If the case had been closed according to his
(Mr. O'Coenor's) directions as counsel, the prisoners
would have been at large. He gave his advice to the
prisoners to abstain from saying anything. Fussell and
Brown afterwards addressed the Court, and did not
do
much damage to themselves ; but a Mr. Bray, a so-
licitor, who, he understood, had been instructed by F,
sell's friends, made such an impression against the pri-
soners, that he believed it led the Magistrates to adopt
the course they did. He begged him to be quiet, but Bray
said he was actir°, for Fussell, and he (Mr. O'G.) said
to himself, " God save me from my friends."—(A laugh.)
No evidence was given on which a man ought to have
been committed. The Magistrates deliberated for
about an hour, and they decided that the enormity of _
the crime charged on the two prisoners was such that (FROM OUR OWN REPORTER. )
they would be guilty of a dereliction of their duty if FRIDAY NIGHT, ELEVEN O'CLOCK
they did not commit the prisoners into the hands of the The excitement caused by the arrest of Brown and
gaoler. Jenkins swore he would not be able to repeat Fussienllthtleiiseomorning has not altogether subsided. There
the evidence he had given from the paper in his hand, was
between
evening a meeting in Smithfield,
five minutes afterwards, and yet he swore he was able, at which there were een6,boooand 7,000 persons pre-
at eleven or twelve o'clock, to recollect what he sent. They were addressed yh Mr. O'Brien and Dr.
Taylor, a report of whose speeches we give below, and
had heard at seven o'clock sufficiently to commit it to
from which a little information will be gathered as to the
paper.—(Shame,, shame.) Field was the celebrated intentions of the Magistrates, and what proceedings will
Inspector who, on all occasions, was sent by the Govern- be adopted by both parties.
ment to act as a base spy to ferret out evince, and well
h.lenkins and Field, the police spies, ventured to make
he performed his duty. He (Mr. O'Connor) asked the their appearance in disguise, and were immediately recog-
Magistrates what amount of bail they required, and he by some person in the crowd. On finding they were
had no hesitation in saying that the conduct of the Ma- known, they attempted to walk off in opposite directions,
gistrates was illegal.—( Hear, hear.) What bail would portionsmbeetueed elrof thed mob followed each of them, and corn-
the meeting suppose was required i 8001. for Brownvethoi
a_ yelling and terrifically. Those who ac-
and 4001. for Fussell.—(Shame, shame.) He told the companiedy Jenkins soon closed round him, and be-
Magistrates that that amounted to an act of tyranny— gan " bonnpeting" and irmthaebrout ; but finding
that the bail should be considered in referenceha there was a likelihood ofjhsis lbnfin
werea mirsoturly.handled,
man's station in life, and that he would he assured the " gentlemen" theygregard
brought up by Habeas to try the validity of the bail.—mi to his person, and in the most piteous terms beseontuoigneht them
r
not to harm him. This appeal induced them
(Hear, hear.) There was one gentleman .who a whether they had possession of a spy, and prudently consider
to be the mouthpiece and the organ of the Court—aPPear advantage of this cessation of "physical force," the uanflonrg..
Mr. Chance—a very good name, for everything before tupate Jenkins contrived to sneak off. Had te fellow re-
that Court was as complete a chance as if the dice ceived a sound drubbing, it would have been no more than
were taken and thrown for it.—(Laughter.) The mat- every creeping scoundrel who lends himself to so vile and
ter then stood thus : those men were in custody, on the odious a system, and which is so repugnant to the
evidence of a tax-gatherer, from whom there was so little feelings es'ery honest Englishman, richly deserves.
Field
information that he was not bound over to
and appeareldpwoapshiisnsbtodyl into a shop in Smithfield,
against them, and on the evidence of Jenkins, the door of which instantly closed ; but 200 or 300
who said he was sent down on Sunday night.
made
persons still remained outsital
pressed an eager desire to give hooting,, some of whom ex-
(Mr. O'Connor) yesterday in the Conventioniifh him ' a ducking." Their
attention, however, was quicklyw which
hested byh the arrival of
some allusion to the dress of a spy, they had Dr. Taylor and Mr. O'Brie,
ssen the manner in which Jenkins wpay;darnessed asieledstigonal for a
simultaneous shout of huzza ; and leaviwn
fumed, they would be satisfied he did not support it ho- consider
whether he would show his face at any further meetings of
nestly by his wages. He would take that portunitoy- the men of Birmingham, they proceeded to the spot from
of impressing on every one who heard him the fact, .
which the speakers were to address them.
that there was no law for the poor man in this country O'BRIEN said—Men of Birmingham, I have had an
and that he must not look for protection either from the; Nr.
intimation within the last half hour thfat I ought not to
come here—that it was the intentioninotrocdearcteainmiviatrties to
executive, the administrative, the judicial, the legisla-
create a riot in this meeting, and tc.
live, or the representative powers.—(Hear, hear.)
police force. That intimation was given to me withar andtlic
Such conduct, however, would prove to the people intentionb of keeping me away from this meeting ; but I.
that the makers of the law, and the administrators of egLtooutdell you that was the very reason why I came here.
the law were against them, and he had no hesitation in ers and laughter.) It is the duty of a
people,m—e(Mber theaolwfcheConvention representing 3,000,000 of the
saying, that if the Magistrates went on acting as they
had done, that instead of the people relying upon theiresbteoe place
I himselfs in the post of danger.
moral exertions, they would in disgust and despair resort —(Renewed cheers.) not his interest—it is not
to outbreaks on their own accounts.—(Cheers.) his business—it is not hist duty to create danger or to
There was no security for the life, the liberty, provoke danger—it is his duty tolourguard
against danger in
al
and the property of the poor man : and as every way ; but in spite ofefforts to prevent
his friend Mr. O'Brien had said yesterday, if there was
danger, and to prevent breaches of the pseeacnie,dweteercmaiiinneodt
do it, for the magistrates and the police e
not there ought to be no protection for the life, tiro do
possible to create a di,turbance. It is our duty, then, to
liberty, or the property of the rich man.—(Cheers.) exert our influence so as to prevent the people being led
One of the Magistrates of Birmingham—and he wished intotll the snare.—(Cries of " Hear, hear.") I have to
this to go forth to the public—had told the people on a
ine Jliosu,mtohvaetmeevnetryman who at this moment takes part
former occasion, when there was considerable excite- runsh
jos considerable earobleahrriosakd of danger—
ment in the country, that " there was no use in their the enemy is abroad
moral nonsense—that they ought to establish rifle corps, legions are abroad—they are scenting and snuffinghis armed
blood of the people ; but our object, gas the guardifaonrsthoef
become marksmen and sharpshooters, and that, then,
the people, is
if
fs thattthoeyseeare dettheremyn
determined
dn not have
bave tilite
hblovvoidolotahftitohge
"liaal-ef
they might hope for a redress of theirigieriemvaingchets.
pheeoplalew;s, then, if they have our blood, we will lyia
Brown had followed that advice
ii.s exchange.—( Cheers.) Let them come now if theey liikres
—let police and military come if they like—here we arc.
rendered himself liable to imprisonment, but the
Magistrate who gave that advice was held harmless,
You 6,000 or 7,000 souls are evidence that we have met
was the poor man who did not follow the advice
here for political objects. If spies or traitors—if police in was held to bail.—(Cries of " Shame:) He hoped the
coloured clothes it' military assassins were to come here
people would behave themselves well—they would find
and say " You clothes—if
disperse at this moment," my advice
the law in such hands was too powerful for them, if'
they stepped one inch beyond it. He hoped, however, would be,— knonvvr'sinf that
,youh are unarmed and incapable of
euvncusa—sbtiod‘retdoeer,oyr.detertoispgreivseenrv,eanthdetlioughit
this would not discourage them, but that they would protecting
knit themselves together in one firm bond of union, for, is an illeggalyoand
peace—
come what would—" come weal, come woe"—they to show that we canj advice is quietly
and peacefully to disperse,
ra,cr:uddr time
—my
any danger leave
would have that which would put an end to that order
and no mistake,-_. it to use who arc threatened
of things—Universal Suffraee,
onted at twelve
o'clock to-night. Mr. O'Brienthen.weantres
(Cheers.) One result of the arrest of Vincentto say
htheat
arid the others would be, that they, being to guard the people against danger they must
brought up by Habeas Corpus, would be able against illegality. The moment be had receivegd an tint?'
mation that they ought not to attend the meeting, if the
to try, not merely the legality of the arrest or the regarded their own safety, he went with Dr. Taylor to the
commitment, but the legality of the Charter itself, not public office to see the Magistrates. No Magistrates were
before a Jury of Magistrates, hut under the direction of there,s but they saw Mr. Redfearn, and they told him if he
wa
a constitutional Judge and before a Jury of their coon- anxiousithe to preserve the peace they could pre-
try.—(cheers,) 'The result of such a course, he had serve
break
rretalikan
the
could; bat that if their ob.
no hesitation in saying, would operate to their advan- ject were totte
evpeawc.oeuladnd to get up disorder,
tags. He hoped, however, that in the meantime, the they promised him tthe
0. e s
for t
aw
fairant
giveT them They d not of
people would not give the enemy an excuse or an op- it than they would like.—(Cheers.)
disorder—all they wanted was a fair day's -wa
portunity for seizing and arresting them. He trusted he
day's work—they wanted a share of political 6 power, 1)
had said enough to persuade the men of Birmingham that
which they would be able to protect their wivesandhily.
there were men steady and resolute at the head of their dreg.—( Cries of " A good government and a cheap one.")
cause, and that to the advice of those men they must
Yes ; and they wanted to have good institutions and laws
look for comfort and support. He had discharged all that should be made by the poor as well as the rich. The
duties faithfully, and he trusted every one who heard fair remuneration for industry was every year decreasing ;
him would be equally faithful in the discharge of his ; they knew the cause of it, and were determined, with
but the people would not discharge their duties faith- God's blessing, with the aid of intellect and energy, and,
fully if in thinking of themselves they did not at the if necessary in the last resort, to the right arm of English-
same
mento put a' stop to it.—(Hear,ehaeear.)_ They_ did no
time think of the cause.—(Cheers.)
want to provoke a breach of t,h, eNpo.,))e—uthuteythheadir nenoeimatiee;
EXECUTIVE COMMITTEE.
rest in doing so.—(Cries of
It was then mood by Mr. RICHARDSON, and seconded
wished it, in order that they might have an excuse for
by Dr. FLETCHER, and carried unanimously, " That
striking a blow before the mass of their fellow-labourers
an Executive Committee of three persons be appointed a were prepared to co-operate with there.—( Hear, hear.)

Signed on behalf of the meeting,

Chairman,

On the motion of Mr. O'BRIEN, seconded by Mr.
MILLS, the address was adopted and ordered to be
printed.

RENT.

The SECRETARY stated that he had received that
day from the Bliswork Working Men's Association, 31.
51. ; from the Working Men's Association, Gosport, l/.
A vote of thanks was then given to Mr. Lovett, the
Secretary, for his impartial and manly conduct.
A vote of thanks was also given to the men of Bir-
mingham. for the warm reception the members of the
Convention had received at their hands.
The Convention then adjourned till the Ist of July
unless the Secretary should find it necessary to convene
it earlier.
It was announced that if any one at the simultaneous
meetings made use of any violent language, or carried
weapons, he would act on his own responsibility, and
that if arrested, the shield of the Convention would not
be thrown around him.

Three loud and hearty cheers were given for the
Convention by the strangers present.

BIRMINGHAM.