The Sun.
London, England, 1839-08-07 00:00:00

.1
fluent events have been insisted on as consequences resulting from
their publication. Now, be it rembered, Gentlemen, that the most
flagrant breach ef the peace was made previous to their publication
by the unconstitutional act of the authorities themselves, and the
notorious fact has beenerecorded throughout the length and breadth
of the land. And here, let me urge you, to make a clear distinc-
tinction between the excitement in the town of Birmingham previ-
ous to, and subsequent to, the attack. Previous to the attack,
there was a very great politieal excitement amcng the working
*mem in favour of the political measures that they, in
common trith millions of their countrymen, are Intent on
obtaining, and such excitement, an excitement so extens
sive and so influential as to effect a political change, is,
I contend, sanctioned by the constitutional usages of England.
And in this opinion I am again borne out by the testimony of the
Secretary ef State, for in a speech he delivered in October last he
expressed himself to this effect. Speaking of the meetings of the
Chartists he said—" Thew were some, perhaps, who would put
down such meetings. But such was not his opinion, nor that of
the Government with which he acted. He thought the people had
a right to free discussion—it was free discussion which elicited
truth. They had a right to meet—if they had grievances they had
a right to declare them, that they might be known and redressed.
If they had no grievances, common sense would speedily come to
the rescue, and put an end to these meetings. It was not from free
discussion, it was not from the unchecked declamation of public
opinion, that the Government had any thing to fear. There was
fear when men were driven by fear to form secret combinations--
there was the fear, there was the danger, and not in free discussion."
In another speech he said—" It is the nature of the people to push
obedience almost to a fault. Nothing can be more false than the
opinion of these who maintain that agitators can easily and without
cause excite the people to tumultuous and seditious practices. So
far from this being the case, the disposition of every people is hostile
to agitators ; indeed it is so strongly in favour of Government, that
the general mass of the country can never be induced to see abuse
Until it becomes intolerable : nay, more, they will frequently even
submit to the greatest evils of misgovernment before they
venture to utter one word in their behalf. It its my per.
suasion (said he) that the liberties of Englishmen being founded
upon the general consent of all must remain upon that basis, or
must altogether cease to have any existence. We cannot confine
liberty in this country to one class of men ; we cannot erect here a
Senate of Venice by which a small part of the community is ena.
bled to lerd it over the majority; we cannot at this time and in
this land make liberty the inheritance of a caste." The riotous
excitement that subsequently existed, and which has led to such
disastrous consequences, was occasioned by the conduct of the po-
lice force from London, and ample testimony of the Mayor can be
afforded to show that there was no rioting, no destruction of pro-
perty, till nearly a fortnight after their attack upon the people in
the Bullring, and also to show that the manner in which that force
conducted themselves—their wanton daily attacks upon women and
children, rich and poor, while they were peaceably proceeding
through the streets and to their daily avocations—led to the riotous
disposition, and there is no doubt led to the unfortunate conse-
quence that followed. But, gentlemen, is it right that these results
should be fastened upon us, Mr. Collins and myself, when we were
bodied up in prison, and could neither directly or indirectly have
aught to do with them ? For you must be aware that we were in
cenfinement when the rioting took place ; and when released, on
eur way home, hearing of what had transpired, so anxious were we
to gulled against adding to the excitement, that we took a circuit-
ous route of several miles in order to get into Birmingham
by the opposite end of the town, and thus peaceably get to our
homes, lest, being recognized, any evil consequences might follow,
But let me direct your attention to the third point I have referred
to, as it is of paramount importance—that is, that the resolutions
referred to are false, malicious, scandalous, and seditious ; and re-
member, Gentlemen, you have sworn to give your verdict according
to the evidence before you. Now you have evidence before you,
so far as my admission to prove that these resolutions were written
by me—l have admitted it myself ; but what evidence have you to
prove that they are false and malicious ? Is it false that an unjust
outrage was made upon the people of Birmingham by the police
1
from London ? Is it false that the outrage was made under the
authority of men who, when out of office, took part in similar meet.
ings of the people ? Is it false that the people of Birmingham were
better judges of their right to meet in the Buil-ring than we stran.
gers were?? Is it false that Dr. Taylor was arrested ? I believe it
is doubtful whether I shall be permitted to bring evidence to prove
the truth of this ; then how can you conscientiously give your ver-
dict (especiall after its common notoriety), that it is false ? These
resolutions are also stated in the indictment to be malicious. But
what proofs have you before you, Gentlemen, of my malice in the
drawing up of these resolutions ? None I Then, I presume, you
will not agree that I was actuated by malice, and give your verdict
lto that effect, without any proofs of that malice before you in evi-
dence. But his Lordship mayprobably tell you , that by some legal fic-
tion, the fact of the libel having been written presumes that the writer
was actuated by these malicious and scandalous motives. But, gentle.
men, I feel persuaded that you will never permit it to be recorded
in history—that a British Jury of the 19th century, on taking three
resolutions in their hands, and having no other evidence before
them than the fact of their having been written by a certain per-
son, did presume and give their verdict as a fact, that the writer
was actuated by false, malicious, and scandalous motives, and that
without evidence-of his motives being given in proof. Now the
the next point for your consideration is this—Do you believe that
I published these resolutions with criminal motives and criminal
intentions ? because such are necessary to constitute them libelous.
Gentlemen, it is not in the province of man to read the motives of
another's mind; we can only judge from acts and the uniform tenor
of his conduct. And I can appeal with confidence to all who
know me, and also to Mr. Salt's evidence, as well as to my speeches
and writings, to testify that while I have laboured (as I conceive it
my duty to do) politically and socially to improve the condition of
my suffering countrymen, I have uniformly condemned violent
and criminal modes of redress. My advice to them, and my senti.
, merits have been of the following character, which I have extracted
from addresses, I have given within the last few months. The first
is from an address which was adopted by most of the associations
in the kingdom, and sent to the Irish people, wishing them to unite
with us for the obtaining of the People's Charter :—" We are
influenced by no other feelings than a desire to see
our institutions peaceably and orderly based upon prin.
cipies of justice. We believe that a Parliament
composed of the wise and the good of all classes, would devise means
of improving the condition of the millions, without injury to the
just interests of the few. We feel that unjust interests have been
fostered under an unjust system, that it would be equally unjust to
remove, without; fftie precaution; and, when due, individual in-
demnifieation. We are as desirous, as scrupulous Conservatives, of
protecting all that is good, wise, and just in our institutions, and to
hold as sacred and secure the domain of the rich and the cottage of
the poor. But we repeat, that we seek to effect our object in peace,
with no other force than argument or persuasion ; and we call upon
you, as we do upon the wise and the good of every class, to unite
with us iwthis most holy compact, the ultimate object of whieh is
the freedom and happiness of Britain, and, through her example,
that of the world." The next is from an Address to the Polish
People, in reply to one which was sent to the Working :liens' _Asso-
ciation :—" And though the perversion Of truth and justice has
called forth the exclusive feelings of the few, to conspire and rebel
against the happiness of the many, yet when knowledge shall have
depended the intellect of mankind, they will assuredly perceive that
all the nations of the earth have in reality but one brotherly inte-
rest. Possessing this conviction, we feel persuaded that every
effort that can be made towards eradicating those national prejudices
and bigotted feelings, which the selfish and despotic rulers of man.
kind have implanted and perpetuated for their advantage, will tend
towards that great consummation of national and universal happi-
s nese, when equality of political rights shall be established, and
when ' men shall love one another.' And we know no better
means of effecting this righteous object, than by availing ourselves
of those great rights and privileges of humanity, our countrymen
have achieved through persecution and death, and which your op-
pressors have unjustly deprived you of, or prevented you from ob-
taining—we mean the right of investigating and inquiring througit
the means of public meetings, open discussions, and the press
(stamped and trammelled as it is) which is the most desirable form
of Government—the best mode of instructing the people—the most
economical mode of producing wealth, and the best means of its
just distribution—and of causing all the corruptions and anomalies
lof the Church, State, and individuals, to pass in review before the
great tribunal of public opinion, from which all power should ema- 1
nate, and to which alone it should be responsible." The other ex-
tract
is from the rules of the Working Men's Association, which
have been adopted by most of the Associations in the kingdom, and
by which you may judge of the general tenor of Chartism. Let not,
however, the men of wealth imagine that we have ulterior designs
inimical to their rights, or views opposed to the peace and harmony
of society. On the contrary, we seek to render property more se-
cure, life more sacred, and to preserve inviolate every institution
that can be made to contribute to the happiness of man. We only
seek that share in the institutions and government of our country
which our industry and usefulness so justly merit." Such is the lan-
guage of rational Chartism, and such, with a few violent exceptions,
are their only objects. Gentlemen ofthe Jury, in corroboration of the
view I have taken on four material points in this indictment, I beg:to
quote from Deacon's Digest of the Criminal Laws, thefollowing obser-
vations :—" It is undoubtedly the right of every subject in this
land of freedom, to enter into a fair and reasonable discussion'of
public affairs, nay, further, he has a right, it is conceived, to ex-
hibit the folly or imbecility of the members of the Government, fif
he honestly believes those measures to be unconstitutional, or
fraught with mischief to the interests of the nation." Nay, a
still higher authority. Mr. now Sir John Campbell, her Majesty's
Attorney-General, in his defence of Mr. Samuel Cook, in 1827,
expressed himself as follows :—" Gentlemen, Englishmen have a
right to entertain and express their strong and decisive opinions
with respect to all public officers. That is a right which we
have inherited from our ancestors, bought among other things
at the price of their blood, and I hope we shall preserve that
right pure; and I hope we shall transmit it to posterity un-
broken.'' And Lord Tenterden also, in his charge to the Jury in
the trial of Rex v. Marsden, said, " The: roost humble individual
has a right to discuss political subjects, freely and fairly, The
facts also which are commented on, ought to to be true, for
if his facts are false that will be pregnant evidence of
malice. The question in such a case does not seem to be
entirely as it has sometimes been put, namely, whether the publi.
catin has a tendency to create a general dissatisfaction towards
Government--for if Ministers are incompetent, and their measures
prejudicial to the country, it would then surely be justifiable both
to avow and inculcate such dissatisfaction ; but the grand points
for consideration are the truth of the facts and the object of the
author. For though truth does not justify a libel on private charac-
ter, it seems reasonable that it should be admitted as a full justifica-
tion for any strictures on the public conduct of public men." So
says that great law authority of the Court of King's Bench, Lord
Chief Justice Tenterden. Gentlemen, I need not again repeat
that the facts contained in these resolutions are notoriously true,
and that the object In writing them was not from any malicious
feeling, nor to injure individuals, but to express an opinion of what
I conceived to be an act of injustice, with a view to reform or pre-
vent such egressions in future. It may be that I have expressed
myself strongly on the subject of these resolutions, and more so in
mßot y_.examination subsequently on the right of resistance to injustice.
ttemen, I might
quote a high authority in justification of
such language,
an auth •
ority whose legal knowledge and public spirit
I presume •
now Baron Gurney,
will be duly appreciated by you—l mean Mr.,
" that the first l vshicao, on the trial of Daniel Isaac Caton, stated
is, that all l truth that is engraven on the soul of man
power
poli
tows fr and when that trust is abused people, and is a trust for their bene-
fit,used resistance is not only a right, but
a duty." Gentlemen, 1 have now, in the best manner my abilities
you
will permit, placed before
eny views on this question. I have
endeavoured briefly to detail thecircumstances which led to the
writing and publishing the allegedlibel, and motives which actuated
me at the time. I have also laboeto show you that according
, to admitted legal authorities theseretirliebseolutions ought not to come
within the meaning of the law of
and how cautious gentle-
origin of that law and how indefinite it • l.
I have shown you the
know
wutlithht to be in adding to
men in your exalted station, as Jurors,lso.
urged
ie Practice of the pro_
its power against public liberty. I k
MY defence, which
secutor is to reply to what I have
is, and
seems however to have no foundation in jestiche.
legal
he doubtlessly will oppose to my humble state's:en" scimietch
addition
talent and ability. But I trust, gentlemen, thinatst
iinn
of Yroafrour,
to what I conceive to be the great points
namely, the truth of the resolutions and the absence
my motives, that you will take into account, that this being
in
a public censure of apublic act, your decision will be —lug
either from a
love of liberty or of the unjust exercise of power. You have all,
in your capacity of citizens, rights to protect and grievances to
complain or ; you may be opposed to me in any political feelings and
,
ouinions, but apart frcorn these you have, or may have, grievances to
be redressed. You will most probably avail yourselves of the
" " •• •

right of public meetings and public discussion, as a means to obtain
that redress, and the same power that to-day sends an armed torte
to disperse " the Chartists" may send it to disperse you on the
morrow. You would doubtlessly feel indignant at the outrage, and
might publicly answer the act, a State prosecution at once assails
you as libellers,and you who today, in your honourable situation of
y judges, may at no distant day be defending, as I am,
ode -'.
1° ...4
A 4 Wright to protest against public outrage and public
•
u, Gentlemen, for your attention, and I shall now
r ‘alllsitiatti -
ve that, so far from wishing to create riot, we
• , ietertair'ir
by circuitous routes of seven miles, and I
will.-suit '. t
_
?ohm, ,n- d tivti. y drew
o prove the unjustifiable attack of the
all
ion UP a requisition for the purpose of
effecting _ between the parties. He would call—
r,
%..'N'ir er, Pb,
Lichfield street, Birmingham, was