The Sun.
London, England, 1831-11-24 00:00:00

inconsistency in his rising to address them. But on
any occasion, under whatever opprobium, when he
thought he could benefit the cause of Reform, or
the interests of his fellow townsmen, he would never
flinch from the tender of his advice and humble ser-
vices.—(Loud cheers.) Before, however, proceed-
ing to the subject which had now commanded his
attendance, he must be allowed to refer to the cir-
cumstance and reasons under which he had hitherto
refused his name as a member of the Birmingham
Political Union. It would be recollected, that in
January, 1830, at a great meeting which first ga-
thered the Union, he (Mr. Parkes) was single with
one exception, in the moral courage of opposing the
formation of the Union, although yielding to no man
among them in long previous zeal and labours in the
common cause. He then objected to the Union as
tempting a bad Government to create new laws for
the suppression of public liberty; he feared perver-
sion of the objects of the association; he decidedly
objected to the permanence of clubs and political so-
cieties of this description, which might be necessary
to the pulling down of corrupt political systems,
but which could not co-exist with good Go-
vernments. These were some of the motives
which then influenced him. He must also con.
fess that two years since, on its formation,
he had suspected that Currency, not Reform, was
the primary object of their great leader, Mr. Thomas
Attwood; but, marking the single conduct of that
gentleman, he must admit that whatever were his
views or expectations from Reform in reference to ,
monetary system and financial difficulties, Mr. Art-
wood had manfully and sincerely condensed all his
efforts to the attainment of our political rights, in a
Reform of the base system of representation.—
(Cheers.) He (Mr. Parkes) !must also admit that
Mr. Attwood had been more far-seeing than him-
self, in his sanguine views of success, and was jus-
tified by our present prospects. At Christmas
1829.30, Mr. Attwood had told him that the days
of the boroughmongers were numbered, and fast
drawing to a close; he then differed from Mr. Att-
wood, and predicted to him that the boroughmon-
gers' longevity was underrated, and that they would
prove too strong for his grasp, Mr. Attwood, how-
ever, was right. Circumstances had also remark.
ably given momentum to the utility and power of
Unions, which no man could have foreseen. He
must now state why he did not now join them,
although pressed by so many personal friends who
had recently enrolled their names. He still objected
to their permanency as political associations, and
considered that they would greatly advance the
cause of Reform, if their political existence was
limited to the passing of the Reform Bills. His rea-
sons, however, were various; he could not give any
personal attention to such a society, consistent with
his professional ditties; and further, as an attorney of
the Court of King's Bench, he was arbitrarily sub-
jected to be erased from the rolls of the Courts,
on the summary edicts of a Chief Justice, and that
without appeal. These were his plain and honest
reasons, and he would never shrink from the frank
avowal of his motives, whatever they might be, or
however unpalatable to friends or foes.—(Loud
cheering.) He had, in December, boldly come for-
ward and proposed the ballot, att one of their greatest
meetings, when it was a new, and with the upper
classes, a novel and unpopular proposition. On the
promulgation of the great measures of Parliamentary
Reform, he had counselled them to accept those
measures, and however decided their sentiments on
the ballot, not to refuse positive for distant good.
They had nobly waived all speculative differences as
Reformers, and thus proved their capacity for the
important political rights about to be conferred up;in
them.—(Cheers.) With these remarks he would
now proceed to the object of his appearance among
them. He had observed with regret the proposition
submitted to the Council last week for the' Organiza-
tionof the Union." That project was decidedly illegal,
contrary to the principles of the Common Law, and to
distinct provisions of statute law.—(Loud cries of
" Hear.") He felt confident that if he clearly proved
this their good sense and feeling would at once and
frankly abandon it.—(Loud cheers.) Hitherto they
had founded and conducted their association on the
safe and immovable foundations of the Constitution
and law of the land. When they changed that great
fulcrum of their huge political lever, they would
lose all their force and object. He well recollected
Mr. Attwood, on their first meeting for the forma-
tion of the Union, broadly and most prudently de-
clared his personal views and exertions to be strictly
confined " within the letter and spirit of the law,
and that so far and no farther would he lead them."
The seventh resolution of their first meeting also
rigidly restricted every member of the association
" to support the objects of the Political Union by
every just, legal, and peaceful means." Here was
the original and sole basis of their society. When
they departed from that foundation they would as-
suredly fall. With the law in their front they
would not, he was confident, wilfully violate its
letter or spirit.—(Loud cheering.) They would
not make false pretences. God forbid that he
( Mr. Parkes) should deny that times and occasions
there had been, and there might be, when, if their
enemies the boroughmongers violated the lee, the
sacred right of resistance remained to the people
by the example and principles of their British
ancestors. If, unhappily, such a crisis and such a
justified necessity should arise, let them boldly throw
away the scabbard and banish fear and hypocrisy.
One of our great English martyrs, Algernon Sidney,
whose blood and whose mind were devoted to the
freedom of England, had left this memorable counsel,
that Monarchy, Aristocracy, and Democracy corn-
posed to his period the best Governments of the
world ; but that if either of the two former oppressed
the latter, we had an inalienable right to put them
down, and that " the general revolt of a nation can-
not be called a rebellion."—(Loud arid continued
cheering.) God forbid that that occasion or neces-
sity should arrive. Let them, then, scorn to put
forward, under the mask of law, projects illegal.
He would especially counsel them, lest, if an Anti-
Reform Administra,ion came in for a time, they, the
Union, should be found outside the law. Infalli-
bly the existing laws would not only be put in ma-
licious force, but new laws would be instantly at-
tempted on the pretext that the old ones were
insufficient. He would also say, that at this critical
moment they were in honour and policy bound not
to tempt the Ministry to engage in collision with
the Reformers. The Government were bound to
enforce the laws, by whomsoever made or however
bad. Their enemies would put upon them this dif-
ficulty. Let not the Unions, then, play the cards
of the Anti-Reformers. Every thing depended ou
the virtue and decision of the present Ministry, and
on its receiving the ardent and strongest support of
the people. If the Ministry failed in integrity or
ability to their stupendous labour, it was our last
hope ; despair and anarchy would next fol-
low. The Ministry, he must say, had hitherto
redeemed its principles and pledges. He (Mr.
Parkes) might have wished more energy in
the adoption of means to achieve the victory
of Reforn-i, but which surrounded. by difficulties
not akays seen by the public, he sincerely believed
they did their best to obtain. He might differ with
them on some points, but he boldly asked what
overt act of the Ministry had forfeited hitherto the
public confidence ?" He hoped, therefore, the
Union would not urge it to adopt measures against
political associations tolerated under the rule of the
Wellingtons and Peels.—(Cheering.) One fact
he would confidently appeal to as a proof of Mini-
sterial integrity. The very proposal of the Reform
Bills in March proved their sincerity. Those Bills,
as detailed in the speech of Lord John Russell in
March, were the fatal blows to corruption given
by the Cabinet and the Monarch. The certain fate
of the boroughmongers was written as in Bel-
shazzar's feast on the walls of Babylon. He (Mr.
Parkes) defied the boroughmongers even to manage
the present or any new House of Commons. The
system had wrecked itself—it had got the staggers.
--(Loud cheering.) He would advert to one other
argument, an appeal to their common sense and ge.
tierosity. The King had stood by the people nobly

and manfully ; William IV. had never been found
wanting. He (Mr. Parkes) ventured a prediction
that the King never would forsake Reform or Earl
Grey. The King was the head of the law. He could
not allow its violation. Now, would the Union pro-
voke and alienate from them such a Monarch ? It
would be a suicidal, a sanguinary act.—(Loud cheers.)
Before he showed the illegality of the proposed or-
ganization, he would state the principles and con-
stitutional rights which justified and:legalised political
associations. The rights to meet, to petition, to
associate, were the privileges of Englishmen before
statute law existed. The common law of the land
only restricted those rights within the precincts of
law and social order. Mr. Hume, the historian,
wrote, that the first attempt towards an association
for a plan of liberty, was the array of the Barons
and their dependants against King John, when they
refused to aid him in Normandy unless he restored
and gave security for their liberties. Lord Lyttle-
ton describes the association to support William the
Bastard, and some Kings were undeniably illegiti-
mate.—(Cheers.) General associations, under the
banner of the law, were formed in defence of Eliza-
beth, and of William and Mary. Political combi-
nation banished the Stuarts from their crown and
country. A grand national association was proposed
in the House of Commons, in 1680, against Pope!),
and Roman Catholic Kings. In 1744 the London
merchants formed themselves into a political so-
ciety ; and the whole county of York associated and
arrayed themselves in support of the dynaty and
Constitution. But he (Mr. Parkes) would give them
an irrefragable proof and precedent for Political As-
sociations. In 1696, the people commenced associ-
ations and declarations in favour of William

111. The King and his Ministry not only
sanctioned, but legalized their formation, and
a Statute Law was passed, the Bth Wll7
liam 111., c. 27, reciting " whereas great
numbers of his Majesty's subjects have entered into
and subscribed an association," and then enacted
that it was "good and lawful."—(Loud cheers.) Mr..
Burgh, an able political writer, who treated of this
hrstorical circumstance, singularly remarked " that
you have here a model for en association for re-
storing adequate representation and an unbribed
House of Commons." He (Mr. Parkes) would not
alarm them. by reading long extracts, but they must
allow him one quotation from the conclusion by
Burgh, who wrote three volumes of the " History
of Rotten Parliaments" seventy years ago, and who
thus prophetically pointed out the means of destroy-
lug corruption by association :
" And now in the name of all that is holy, let us consider
whether a scheme may not be laid down for obtaining the neces-
sary reformation of Parliament. Before all other things, there
must be established (Mr. liurgh prints it in large capital letters)
a grand National Association for restoring the Constitution.
Into this must be invited all men of property, all friends to
liberty, all able commanders. There must be a copy of the Asso-
ciation in every parish, and a parochial committee to procure
subscriptions from all persons whose names arc in any tax-book,
and who are willing to join the Association. And there must be
a grand committee for every county in the three kingdoms, and
in the colonies of America."

Mr. Parkes then resumed--He could point to the
United States, who, acting on this prophetic ad-
vice, given in 1773, had by federal union achieved
their independence, as by unions and public meet-
ings we should vanquish the boroughmongers.—
(Loud cheering.) Having thus claimed and proved
the rights of Political Unions and Associations to
this period, he would now give them the more mo-
dern laws which restricted and in part suppressed
those ancient privileges. The alarms and artful
pretences of the boroughmongers at the French Re-
volution, and the gathering unions and clubs formed
in England, Scotland, and Ireland, to obtain free
Parliaments, set the despotic Ministers of George
the Third on the manufacture of laws to crush pub-
lic spirit and independence, and thereby to preserve
for a few years their base Parliaments. But he
would first say that the proposed organization of the
Union was illegal in the common law. It assumed
to " act as an efficient body of police, in the main-
tenance of the laws, in the protection of persons
and property." It further appointed Aldermen,
tythingmen, hundred constables, and municipal offi-
cers, with various badges of distinction," for pur-
poses otherwise provided by law. The common
law clearly considered this as a conspiracy to
assume the powers and offices of the law. They
must necessarily come into collision by usurpa-
tion or rivalship. If it was allowed to one class
of men thus to constitute and assume civil au-
thority for good objects, what could prevent bad
men so associating for bad objects ? Such au
assumption of power also pre-supposed the array of
force. Without force such an organization was an
empty shadow ; with force it was above the law,
and no sensible man, certainly no lawyer, could say
that the project was legal. Being against the law,
Government would be bound to put it down ; and
let the Council bear in mind, that the Union, how-
ever otherwise legal, becoming tainted with one ille-
gal act, would be deemed altogether an illegal body,
and treated as such.—(Hear, hear.) He would fur-
ther warn them, that a proposition to do an illegal
act was, by the law, considered in intention equally
illegal us the act itself, and the scandalous doctrine
of constructive treason they all knew and feared.
Clearly in numerous cases, many of modern trial and
record, within the last forty years, the doctrine of
the common law was defined inimical to any de-
clared intention or act of assuming the civil or royal
authority. But the statute law placed this point
beyond all doubt. He would only mention four
Acts of Parliament, now or lately having re-
ference to public associations, meetings, and po_
litical publications. The first Act in 1799, the
39th George 111., c. 79, distinctly and expressly
prohibited any subdivisions of a Political Association
orUnion, treating such subdivisions as so many several
corresponding societies. He would read this section :
" And every society which shall be composed of different di.
visions or branches, or of different parts, ACTING in any manner
separately or distinct from each other, or of which any part shall
have any separate or distinct President, Secretary, Treasurer,
Delegate, or other officer, elected or appointed by or for such
part, or to act as an officer for such part, shall be deemed and
taken to be unlawful combinations and confederacies ; and every
person who, from and after the passing of this Act, shall become
a member of any such soci,tv, or who, being a member of any
such society at the passing of this Act, shall afterwards act as a
member thereof; and every person who, after the passing of
this Act, shall directly or indirectly maintain correspondence or
intercourse with any such society, or with any division, branch,
committee, or other secret body, President, Treasurer, Secretary,
Delegate. or other officer, or member thereof as such, or who
shall, by contribution of money or otherwise, aid, abet, or sup-
port such society, or any member cr officers thereof as such, shall
b., deemed guilty of an unlawful combination and confederacy."
That statute was still in force. Its letter and
spirit against the proposed organization could not,
therefore, be mistaken or questioned. The statute
in 1819, to suppress " Seditious Meetings and As-
semblies,': was one of the infernal Six Acts—the
lack Acts—which were made for five years, and
Partially expired in 1825. Another of that batch of
unconstitutional laws, the " Act for the more effec-
tual prevention and punishment of blasphemous and
seditious libels," passed in 1819, was, he believed,
yet in force, or rather in abeyance. It ought to have
been entitled, " An Act for the effectual suppression
of William Cobbett's Register, and for his exile from
England :" but to show the fatuity and inoperative
character of such laws, there was Mr. Cobbett safe at
home, and laying on the boroughmongers with his
powerful political flail, doing his part in separating
the political grain from the chaff.—(Loud laughing
and cheering.) The last statute he would mention
was that of 1817, the 57th George 111., c. 19, for
" the more effectually preventing seditious meet-
ings and assemblies 1" That Act was commonly
supposed to be dead, as, indeed, it was, so far as
its 22d section expiring on the completion of its
first year, in 1818; but all the after sections of the
Act were now in force. Ile would not, however,
further detail the written law, as there could exist
no doubt of the application of the statute of 1799,
which so expressly rendered illegal all subdivisions
of a political society. Now this was the law. Did
they mean to keep within it ? If so, he did not
doubt but that they would as frankly and publicly
record their rejection of the project, as they had in-
nocently, and ignorant of the labyrinths and con-
fusions of the law, put it forth for consideration that
evening.—(Loud cheers.) He (Mr. Parkes) would
not insult their good sense or respect for the laws,
by repeating his arguments; he was sure that they
would do that with good grace and unanimity which,
by law, they might be forced to do, or punished by
transportation for not doing. He well knew Juries