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

LONDON :
SATURDAY, MAY 18, 1839.

The news which we received last night from
Birmingham, and published in a third edition of
the Evening Sun, is of considerable importance.
Some of the Birmingham Delegates to the Con-
vention have been wrested. Though no riot or
disturbance of any kind followed the proceeding,
it caused great excitement in the town, and will,
we apprehend, be followed by important conse-
quences.

It appears by the evidence given before the Ma-
gistrates, that the principal violent language attri-
buted to BROWN was used by him as long ago as
March 21, and was sworn to by a tax-gatherer,
who is not in the habit of taking notes. As we
remarked in the case of STEPHENS, this is not
the best evidence which could be procured, and
nothing but the best and most certain testimony
should satisfy the Magistrates. Moreover, suf-
_ faring two months to elapse before BROWN Was
'4„rrtestsd, if he then committed an offence, is hardly
Per, and perhaps it is reprehensible to wait till
lirheeforPeeonle
were in a high state of excitement,
they arrested him.
Some of the evidence against him, though unim-
portant in its nature, dates, however, from the last
few days. That was given by Inspectors of Police,
and by policemen sent from London. The evidence
of the tax-gatherer was considered, according to
Mr. O'Cosgoß, of comparatively little value, and
he was not bound over to give evidence on the trial.
The evidence of the policemen, though it deposes
to less violent language than that of Mr. CHAP-
MAN, is much better than his, and applies to
much more recent transactions. At the same time
`it' relates chiefly to the second person, FussxLL,
and only very small portions of it bear against
t,
Itowx. It was considered, however, quite suffi-
cient by the Magistrates to justify them in holding
the two Delegates to bail, BROWN in 800/. and
FUSSELL in 4001., which sums Mr. O'CONNOR
justly called excessive, if BROWN and FUSSELL be
members of the working classes. We cannot ap-
prove of taking such heavy bail, because it justifies
the assertion of the Chartists that there is one law
for the rich and another for the poor, and still fur-
ther weakens the authority of the law.
The offence with which these men are charged
is assembling tumultuously large numbers of
people, and using inflammatory language to ex-
cite the people to violence. We have a great
objection to prosecute or punish men for words
or for any opinions, or for the influence
of those opinions, because the danger obviously
results altogether from the disposition and temper
of those to whom the language is addressed ; and
t° punish a speaker because his words make a great
topression on them, is to punish him for their feel-
ings. Suppose BROWN and FUSSELL had ad-
dressed this language to the Bench of Bishops, or
to the General Assembly, or to the gentlemen who
meet at the Carlton Club, it would have excited
Only the most contemptuous indifference, but be-
cause it happens to strike a chord in the bosoms
of the workmen it is held to be criminal,
and the opinions worthy of punishment. Now,
we protest at once against the principle of deciding
that the opinions and language of any man are
criminal by the temper and opinions of his
auditory. The Magistrates belong to the class
who are alarmed—to the class who object to the
conduct of the Chartists, as an attack on their
privileges ; and if they are to condemn Messrs.
BROWN and FUSSELL because their language ex-
cites feelings hostile
to their privileges, we are
afraid an additional injustice will be done. Great
excitement, our Reporters assure us, exists in
Birmingham.

The hint we threw out yesterday of the neces-
sity of the friends of humanity interposing at present
in the affairs of England, as they have interposed
in the affairs of Jamaica, receives force and illus-
tration from our Birmingham news. Arrests have
begun there ; they may intimidate, but they
may exasperate the people. Surely, if Societies to
preserve peace between different nations, and prevent
foreign, wars are useful, Societies to preserve peace at
home, and prevent domestic war, must be of still
greater utility. It is supposed, indeed, that the law is
sufficient for this purpose, and that the necessity
to form Societies to cherish peace abroad, arises
from the circumstance of there being no tribunal
to decide the differences between nations. But, in
fact, and this is the peculiar condition at present of
our country, the law has lest much of its torce, and
i 3 no longer willingly submitted to as the arbiter in
the great dispute which has risen, and is extending,
between the lower and upper classes. The com-
plaint of the former is that the law is wholly made
by the latter, and for their purposes. The Char-
tists call it an instrument of tyranny not of protec-
tion. If it be called into operation against them,
they will, in fact they do now, speak of it as a
mere extension of the system; it may defeat, but it
will surely exasperate them. The different classes
in fact, therefore, now stand in the same
relative position to each other as different
nations ; they no longer defer to the law, but ap-
peal to force on both sides. Under such circum-
stances, we consider it very advisable that reflecting
and independent men should consider the propriety
of exerting themselves, not to call a sanguinary
and decried law into operation, but to preserve
peace and restore the harmony which ought to
exist amongst all the classes of the community,
who are brethren of the same family.

We have been requested to give insertion to the
following letter, addressed by Prince NAPOLEON
LOTT'S BONAPARTE to the Times, relative to the
late insurrection in Paris. The Prince is most
aimious to have it known to the French people
that he was wholly unacquainted with the events
of Sunday and Monday till the news reached him
in the ordinary way, and that were he to plot the
downfall of the Government he would not shrink
;Tih the danger of witnessing its development.
His contradiction of such statement is well-timed,