The Sun.
London, England, 1840-06-04 00:00:00

THE PEOPLE'S CHARTER.

Ste
_TAO
meetingT lI E EDlTORwashed y
esOteliirdaTill, EtheB26UthlV., in the
School-room, North Church-street, for the purpose of
forming a Radical Association, the fundamental object
being to obtain the People's Charter by moral means.
Mr. Stevens was elected Chairman. The rules and ob-
jects being approved, Mr. Otley was called upon to ad-
dress the meeting, which he did in a speech abounding
with facts. He shortly referred to a paragraph which ap-
peared in Monday's Sun, respecting Chartism in Scotland,
and concluded by moving a vote of thanks to T. Dun-
combo, Esq., for the kind and efficient manner in which
that gentleman presented the Sheffield petition. Mr. Gill
then came forward and energetically denounced all at
tempts at physical power, he being convinced that the
people bad sufficient moral strength to obtain their rights.
tTe
nh et i
oanu. d i elntc
we
aws earnenremarkablea
tfor eMri.r
tou na nim
'Connor
it and y
was et-
not
removed from the felons' side, there would he a public
meeting called to petition Parliament upon the subject.
I hope that a public meeting, dinner or tea party, will be
held in every city, town, village, and hamlet, on the day
of the liberation of those patriots Lovett and Collins.

Your's, &c.,
A CONSTANT READER
of that Advocate of Civil and Religious Liberty,
The Daily Sun.

Sheffield, May 27, 1840.

TAKING THE RESPONSIBILITY.—The Louis-
ville (Ky.) Journal says :—.4! The Woolvering girls appear to
be dangerous customers. The Adrian (Michigan) Watch-
tower says, that a preacher, at a late religious meeting in that
town, published the names of several young ladies, who had, on
a previous occasion, disturbed his proceedings by whispering
and laughing. On the following evening the aggrieved ladies
provided themselves with raw hides, went to the clergyman's
house, and belaboured him until he had the rawest hide in the
company."—These young ladies may well be called " wed_
verine

I doubt if making yourself longer a martyr will do
anything towards forwarding the cguse, which can form
your only motive for remaining a prisoner. For both
reasons you should be ready to aid your friends in pro-
curing your relief.
If you do not choose to take any steps in the business
yourself refer me to your attorney, that I may learn how
the matter stands at present between you and the law.
The impression generally is, that you are the victim
of erroneous advice in a legal point, rather than a victim
to the Church, or to the principle of not contributing to
a Church you disavow.
This being the case, the sympathy which did exi t
seems, I fancy, rather on the decline, and consequently
no good is done by sacrificing yourself longer.
Let me know, therefore, from yourself, the status
quo of your affair, the modus operandi of your extrica-
tion, and probable expense, or if you are afraid of com-
promising yourself let your attorney reply to me.
I am as hostile to payment of Church-rates as you,
and a stanch Dissenter, and you may confide perfectly
in my discretion as to covering your retreat if needful.
I am, your obedient servant,
Mr. Thorogood. * *

Chelmsford Jail, April 10, 1840.
Sir—lt affords me some satisfaction to know that a
gentleman like yourself takes any interest in what con-
corns a poor man like myself, for whatever of consolation
I derive from a conscientious conviction that in the
sight of God lam in the path of my duty, I can say
I have had but little sympathy from the rich and great.
That my character has been assailed, and that attempts
have been, and-will still be made, to show that I am
inconsistent and worthless, are things which every man
who believes in the truth, as it is in Jesus, and deter-
mines to act upon it, must lay it to his account to meet
with, But, Sir, I am thankful to say, none of these
things move me. As lam an ignorant man, and do
not know the meaning of the words status quo, nor mo-
dus operandi, and as you wish to see my solicitor, I am
happy to refer you to W. Ashurst, Esq., of 137,
Cheapside, a gentleman to whom I am under the
greatest obligations for his disinterested and kind conduct
from the time I was cast into this damp prison, to the
present day. Thankful for the kind interest you take
n my situation,
I am, Sir, your obedient servant,
JOHN THOROGOOD.

My Dear Sir—l have your's of yesterday. I will
expect your letter respecting Thorogood.
I fancy nothing will done about his getting released
without paying some long bills, and if so, they will per-
haps not grow shorter by delay.
If any reasonablo sum will extract the poor fellow,
without damage to his conscience, I will cheerfully pay
it. I thought it better to have the business done through
his legal adviser than with himself.
The discussion in the House certainly left on the
minds of all an unfavourable impression, and I do not
think he is serving the causo he advocates so nobly by
remaining longer in limbo.
If he could be got out in time to enjoy this coming
spring I should be glad. Yours truly,
W. H. Asburst, Esq.
Monday, April ; 1840.

(Copy.)
137, Cheapside, London,
Tuesday, April 21, 1840.
Sir,—Mr, Thorogood, you are aware, transmitted to
me your kind letter to him of the 9th inst.
You wish to know " how the matter stands at pre-
sent between him and the law."
It stands thus :
He was cited to appear in the Ecclesiastical Court
for the non-payment of a Church-rate of ss. 6d.
He had been previously summoned by the Church-
wardens of the parish of Chelmsford before the Magis-
trates there, and had given notice that he disputed the
validity of the rate.
He travelled to London to appear, and was advised
by some gentleman not to appear, but to return borne ;
which he (lid.

By the practice of the Ecclesiastical Courts, the
parties promoting a suit for Church-rates are at liberty
to prove the case, and take judgment for what is
proved, or to treat the non-appearance as a contempt of
the Court, and issue a process as for a contempt ; the
effect of which is perpetual imprisonment, unless the
defendant conforms by appearing, and swearing to obey,
in future, the lawful commands of the- Ordinary.
The Churchwardens, in this poor man's case, have
thought fit, instead of proceeding to and taking a de-
cree for the payment, to attach him for the contempt
of the Court ; and he now lies in prison, without-any
chance of relief, unless the Churchwardens shall think fit,
which they can do, to forego the prosecution of the
suit, and the Judge of the Ecclesiastical Court to forego
the, oath, whiCh he can do, for it was done in the case
of 5.1 r. John Childs of Bungay ; or, the defendant being
kept sufficiently long in prison, his mind may yield as
his body deciines, and he be converted to the truth, as
it is held in the Established Church.

The proceedines appeared to me open to an objec-
tion which might bo held sufficient to obtain his dis-
charge upon a writ of habeas corpus, and I applied for
and obtained that writ.

The argument was heard in Chambers. The point
was not deemed sufficient, and he was remanded.

I have given a brief to Mr. Sergeant Wilde, to move
for another writ in Court, it being very unsatisfactory
to the friends of Thorogood to sit down with a decision,
in such a case, pronounced in a private room, though
pronounced by a high authority.
I observe your remark that," the impression generally
is that Mr. Thorogood is the victim of erroneous advice
in a legal point, rather than a victim to the Church, or
to the principle of not contributing to a Church ho
disavows."

I am gratified to observe that this is not your opinion.
I did not know Mr. Thorogood until after be was in
prison, and did not give the advice referred to ; but if
the assumption upon which that impression proceeds
were true, the conclusion would be absurd. The logic
is this :

If the sufferer has been ill advised, the oppression is
ustified.

Those Dissenters, if any there are, who aro satisfied
with such reasoning, would, had they lived in the days
of fire and torture, have counselled the martyrs of those
days to recant ; or, had they professed patriotism with
Hampden, would have deserted him in the day of
battle.

It matters not to the argument, what Churchmen
think in such a case.

Mr. Thorogood has cause to be grateful to you for
the kind offer you make in your note to me, that " if
any reasonable sum will relieve him without damage to
his conscience, you will cheerfully pay it."
I think I now know him sufficiently to be able to
say, that he would not entertain the thought of your
expending one farthing whilst any portion of the public
subscription remains, and certainly I never intend to
take one shilling beyond the money out of pocket, from
him, from you, or the subscription, I have no ground
for expecting that Mr. Thorogood can ever be induced
to take the oath of Canonical obedience—that is, " to
obey all the lawful commands of his Ordinary."
This would in effect be to swear him to comply, if so
commanded, with all the Canons of the Church for. all
time to conic. You know what a medley of crudities
they are.
Sir S. Lushington, the Judge before whom Thorn-
good was cited to appear, is reported to have said in
the House of Commons that there was no other course
which the Churchwardens could have taken, than that
they have taken.

Looking to our respective positions in society, it is of
course painful for me to say anything inconsistent with
that which he (Sir S. Lushington) has, it appears,
declared.

I am concerned in a similar case for subtraction of
Church-rate, in which the Churchwarden's of St. Mar-
tin's, Leicester, have proceeded against Mr. Wm.
Baines of that town, and it is a fact that that gentle-
man took precisely the course which Thorogood took,--
that is., he did not appear to the citation, buf,l
are
Churchwardens in his case took the course which a
at liberty to take,—they proceeded and provedd their
case, and took a decree for the rate and the costs I
As I am speaking against so high authority,
in-
close you a copy of the monition i
the payment of the rate and costs, in Barnes'sl case, for
which you will find
notice had then been given to h
the fact of the defendant's non-appearance
the proceed-
notice recited, that
him
ings, and that, he not appearing,, the case had been
lc
proved
It alndbjeulcileg:elenttoprponr.ouLnuesed hi againstngton!s p
hsinehech
in tl

Our reformed Parliament passed this resolution last
session, that " it would be the duty of the Legislature at
the earliest possible period of the next Sessio:l of Parlia-
ment, to make such alterations in the existing laws for
levying Church-rates as should prevent the recurrence
of a like violence (to Tborogood's case) being ever
again inflicted on the religious scruples of that portion
of her 1119jesty's subjects who conscientiously dissented
" from the rites or doctrines of the Established Church."
Thew realize it to the people in this Session by re-
fusing leave to Mr. Duncombe to bring in a Bill on the
subject.-1 am, sir, your obedient servant,
(Signed) W. H. ASBURST.
(Copy-)

April =IS, 1840.
My dear Sir,—l am much obliged to you for your
kind favour of the '2lst inst. relative to Jahn Thbro-
good's ease. It seems strange that any mau can be in
a predicament so desperate as not to get out •en paying
principal and costs, and I should thiuk the Itishop of
London would scarcely face the unpopularity ad keeping
him in prison on account of his failing to take the oath
to obey the Ordinary for the future.
Could the issue be simply reduced to that—the- Bishop
of London keeps Thorogood in gaol, -because he
declines taking such an oath, and there remaAns no
other obstacle to his release, I am confident thAt itn
pediment would not be long in removing.
I should think the Church generally would be glad
to see Thorogood out of prison, for they know his im-
prisonment is doing them harm, and I shoulditbink that
a word from proper quarters cyanid induce the Church-
wardens to drop their suit.
I cannot help thinking that every party Concerned
would be heartily glad to make an entire end of the
business, if they could do so without any feeling of
defeat and mortification.
Could not this be done ?

It seems to me the first move must come from Thoro
good himself—and why not ? He certainly did wrong,
and commenced the battle.

Why did he not content himself with refusing tbe
rate and allow seizure of his goods? NV by dispute
the validity of the rate ? When summone,i, why did
he not appear ? Why commit contempt ? Supposing
the Court had, as you say, a more humane course open,
they had a right to commit him for contempt, if they
chose.

I must say I think Thorogood ought to offer to pay
the rate and costs, and make known his intention of
doing so.
This would throw the Church so complet•.gely in the
wrong, should t➢ey keep him in limbo any longer under
any other pretence or formality, that I should think they
will not resist the feeling which would be displayed.
If they did, Thorogood would have the satisfaction of
knowing that he was then doing the Church msch more
damage than lie can do now, when the world believes
that l►e has unwittingly put the Church in a state of
necessity to do what they have done, and that no other
course remained open to them but to commit him for
contempt. This impression, right or wrong, prevails
since Dr. Lushington's speech. I sat by him when he
spoke, and that was my impression. I shall, find an
opportunity of speaking to him next week in the House.
I shall make good what may be wanting to any funds
for paying the cost of his discharge.
As to Thorogood himself, he may be passive, and
may say he is in the hands of his friends, who may
perhaps do for him what ha might not readily be in-
duced to himself. Were I myself in his predicament,
I would at once pay every pecuniary demand.
He has made a mistake, and suffered severely for it.
I do net imagine, when lie refused the bs. 6d. rate, he
meant to go to prison for it. He could not be such a
fool. He must have anticipated a,anoyance, seizure of
his goods, and considerable pecu.niary sacrifice ; but
not to spend the remainder of his life in gaol. he
thought he should be robbed, not murdered, for his
contumacy.

Ho must pay for his blunder, and acting under bad
advice. He must say, or we for him, there is the money
and costs, drop your suit, and allow me to quit my
cruel imprisonment.

If that does not procure his liberation, then let us see
the impediment. I doubt if any body dare oppose his
being liberated ; if any one did, I think effectual interfe-
rence might then be made, and thee Church be damaged,
Thorogood set right, and it might be shown to tke
world that it was spite and persecution, not necessity
of obeying formalities, which had caused his detention.
In giving this opinion, I must say, I see no other
mode of releasing Thorogood, arnd I do not think, under
present circumstances, his martyrdom is doing the cats*,
any good.
He may refuse the next rate, but pursue a dife-
rent course. If I understand right, he cannot be
imprisoned for refusing to pay a ss. 6d. rate, although
he may be ruined by pecuniary penalties. He must se
lect the most economical mode of refusing, and, I
think, for such a cause, uo WIC should ruin himself;
others should join and take their share, and if they will
not, it shows the time is not come for making the change
in the law or institution. Every one is bound to pro-
mote every thing he thinks right by some personal sa-
crifice, but men are not called upon to die far every
individual thing they think right.
He who fights and runs away,
May live to fight another d ay, &c.
may sometimes serve a good cause more than by an un-
timely mart) rdom.—Tour's, &c.
[We will give the conclusion of the Correspondeuce
in a day or two.)

PAIMLIMENTAR Y. Di VISION.

(From the Potes and Proceedings of the House of Common.)
TUESDAY, JUNE :2.
EXETER PORT DUES BILL.

Read a third time ; Amendment pro posed, press 45, lino 14,
to leave out from the word " complaint " to the word " and,''
in press 4i, line 5 : —Question put, "'hat the words proposed
to be left out stand part of the Question :"—The House di.
vided

MAJORITY—AYES, 72.
Acland, Sir T. D. Freshdela. J. W. Marton, George
&eland, T. D. Godson, R. Maunsell, T. P.
Ashley, Lord Gore, 0. W. Miles, W.
Bailey, Joseph Goulburn, Henry Nichol), J.
Baker, Edward Gr..ham, Sir Jan tea Palmer, George
Baldwin.' C.:B. . Greene, T. Parker, Msbntague
Barnard, E. G. Grimsditch, The nias Packer, It. T.
I3entinck, Lord G. Heathcote' %V Sir. Patten, Wilsnn
.1
Bethel), R. Hinde, J. H. I Plumptre, J. P.
Broadley, H. Hindley, Charles Pollock, Sir F.
Bruges, W. H. L Hodgson' Richard Rolleston, L.
Buller, Sir J.l. Holmes, W. A'Court Round, C. G.
Burroughes, H. Hope, Hon. C. Round, John
Cartwright, W. L. Houston, George Sanders, Lord
Cresswell, Cresswell Hughes, W. B. Soarlctt, J. Y.
Darby. George Irton, S. Smith, B.
Dottin, Abel Itous James, Sir W. C. Smyth, Sir H.
Drummond, H. H. Jones, John Somer.et, Lord 0.
Duffield, T. D. Kelly, Fitzroy l'alfourd, T. Noow
Duncombe, T. S. Lefroy, D. T., 'llesiger, F.
Egerton, Sir P. Lennox, Lord. A. Wilmot, Sir E.!
Estcourt, T. 0. B. Lockhart, A. Dr. Wilshere, W.
Farnham, E. B. Lowther J H. TELLERS.
Filmer, Sir Edward Lygon, hon. 'Gen. Follett, Sir William
Fitzroy, Hon. H. Mackenzie, Thomas Divett, E.

Ainsworth,Teter
3aines, E.
Blake, W. J.
Bodkin, john Jame 3
Brocklehurst„l.
Brotherton,.l.
Buller, C.
Butler, Colonel
Byng, lion. G. S.
Cavei.disli, lion. C.
Clements, Lord
Collier, John
Craig, W G.
Easthope, John
Evans, G.
Greg, R. 11,
Greig, U.

NORITY--:NOES,
Handley, 11.
Hawes, B.
Hodges, T. L.
Hoskins, K.
Hutt, W.
Hutton, IL
Labouchere,, H.
Lambton,
Muskett, George A.
Noel, Wm,,lllf.
Oswald, ..Ipmes
Pattison, J.
Pechell, Captain
Philips, M.
Salwev, Colonel
Seholetield, J.
Steuart, R.

Stuart, Lord James
Strutt, Edward
Style, Sir Charles
Talbot, C. It. M.
Tanereil, H. W.
I'hornely,lllolll26
Troubridge, Sir T.
'1 ufnell, 11.
Turner, NVilliam
Vigors, N. A.
Ward, H. G.
tVood, B.
NVoniley, lOrd

'MUCUS.
Seymour, Lord
Itutherfurd, A.

WELLINGTON MILITARY ATENfortIAL.—The
Committee entrusted with the management of the Wellington
Military Alernorial, think it tiveir duty to apprise the sub-
scribers and the public that the -work is proceeding most satis-
factorily, and that they enterta'm a well-founded hope that the
statue fiself—of larger dimensions than any similar work with
which they are acquainted —ma.), be ready for erection on the
anniversary of the battle of Waterloo, the pith of June, 1844
It is their intention to publish, on the anniversary in the pre...
sent year (Thursday, the 18th inst.) a general list of the cub.
Isotcbcz:
scribers, and they cannot but hope that the forthcoming list
may exhibit an increase in the number and amount of subscrip-
tions in scale degree proportionable to the increasing interest
which the appears to take in the illustrious person w'uo
transcendent achieve micel
sit;
bthset3ivlsoi idmegeusniairtowurri adtloaiysm,dtaelksl
eieglnu3optdhtth,oeicileii
It is hoped that parties intending to subscribe will not defer
queues of inth theirt
plete for the press.
T' :IN. 1.

•---
Sunday morning a large portion of the furze on
Chobham-common, in Surrey, was discovered to be on fire, and
by night upwards of 100 acres were destroyed. The conflagra-
tion continued to extend on Monda`•, and great fears were en-
tertained lest the whole of the brushwood on this extensive
common should be destroyed. Several fires have recently
taken place on neighbouring commons, and a short time since
no less than five were distinctly visible in one Right. Various
opinions are afloat as to the cause of this mischief, but the
most probable opinion is, that the furze has been set on firo by
some of the persons who get their living by making brooms, as
the growth of the former is destructive to that of the bruiom
plants, and that they have sought this mous to remedy an in
adequate supply.