The Sun.
London, England, 1841-10-02 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS, Oct. 1.
The LORD CHANCELLOR took his seat on the Wool-
sack at Five of Clock.
The Earl of MALMESBURY and the Earl of SHEFFIELD
took the oaths, and their seats.
The Lunatics Bill, the Navy'Pay Bill, the Frogmore
Lodge Bill, and the Royal Gardens Bill, were severally
read a third time, and passed.
A Message from the Commons brought ap the Pont-
's:ion Payment Bill, which was read a first, and ordered
to be read a second time to-morrow.
On the motion otLord BROUGHAM, the production
of certain Correspondence relative to slavery in Malacca
and Cellea4 was agreed to, after a few observations from
Lord Ellenboroag h.
CORN-LAWS. _ _

The Earl of RADNOR said he had several petitions
to present, playing for the immediate and entire repeal
of the Co laws. The Noble Earl expressed his dismay
at the inttion of Government to have Parliament pro-
rogued without taking the question of the Corn-laws into
consideration. Such a course appeared to him not
very consistent with the vote that House had come
to on the first ay of the Session. It appeared to be con-
teary to the address that had been carried in answer to
the Speech from the Throne, which pledged4Parliament,
if not in words, at least in substance, to enter into the
immediate consideration of the sui'ject. He could not
understand on what ground Ministers should say they
were not prepared to consider the question. It Par-
liament were to be prorogued till February, and
the subject then referred, as seemed to be intended, to
a Select Committee, they all knew enough of the pro
ceedings of Committees to be aware that a long time
would elapso before they should come to any settle-
ment of the matter, and that in fact, by adopting
the course Government meant to pursue the
question would be left unsettled for a year and a
half. With respect to a fixed duty, he had
on a previous occasion stated his decided opinion
that all duty on corn ought to be removed.—(Hear.)
As to the arguments adduced in favour of the sliding
rale by these who asked how could a fixed duty of Bs.
Be exacted, when the price of corn was 70s. or 80s. per
quarter, in iesply he should state that it was
un foreign ce4u, which was comparatively cheap,
that that duty would be imposed ; 40s. 6d. was
the average price at which foreign corn was intro-
duced into this market, and the price the consumer
paid was 70*. or 80s., thus paying a duty of 31s. Gd.
It was most astonishing to him that when the people
were suffering the greatest possible distress, Parliament
should disperse, no one knew why or wherefore, without
doing any thing at all. lie happened to have been in
the reuntry when the House of Commons met
after the short recess, and he was disgusted
(for he could use no other word so expressive of his
feelings) to find that, meeting under such circumstances,
their first votes were to appoint a Committee on the
ventilation of the House, and similar measures, leaving
quite out of the question the distress of the country.
—(Hear, hear.) But there was another consideration:
the Noble Duke had told them that it was
not possible to enter into the consideration of
this subject in the present Session. He (the Earl of Rad-
nor) did not know why the present Session should close so
suddenly. The distress of the country was not denied,
though papers were produced which, if they were meant
to show any thing, meant that there was no distress at
all. But still the existing distress was not
denied. Then there must be some causes
for it, and would it not be worth while to
institute inquiry into the cause, if nothing else was done.
The people would then, at least, have the consolation of
thinking that those intrusted with the Government of the
country did not admit their sufferings without endea-
vouring to relieve them. It was not only gross folly,
but gross cruelty, to prorogue Parliament under such cir-
cumstances. The Noble Duke might remember that
when he was in office 12 years ago, the same distress
prevailed, there were the same high prices of corn, and
agricultural distress, and nothing was done by the Go-
vernment ; they took no steps to remedy the evil, and
the conntry was in a blaze from one end to the other.
He (the It of Radnor) thought that ought to prove
to the Government that the laissez faire system, the
trusting to the chapter of aecidents on these subjects was
not Safe. Looking to the state of the country, he thought
the Government would be incurring a fearful respon-
sibility if, without taking any steps to remedy the pre-
sent state of things, they should advise her Majesty to
prorogue Parliament. The Noble Earl concluded by
presenting the petitions.
The Duke of WELLINGTON said he would not
now enter into a history of the Corn-laws, but he thought
that if any body considered• this subject calmly and dis-
passionatsly they would see that it was utterly impossible
that any inquiry should be made at the present moment that
would lead to any practical result. He admitted that in
parts of the country distress prevailed, but this was no
real distress from want of food. The Noble Earl had
stated that he (the Duke of Wellington) had said on the
first night of the Session that there ought to be inquiry.
The Earl of RADNOR observed, that what he had
stated was, that the Noble Duke had stated that he
should have no objection to inquiry, provided it went re-
gularly through a Committee.
The Duke of WELLINGTON said it was quite plain
that it was impossible at the present moment to have an
inquiry that would result in any good. For his own part
be had no objection to take upon himself the r,sponsibi-
lity of Arising her Majesty to prorogue the Parliament
before any inquiry was made on the subject of the
Corn-laws. In stating that, he admitted at once
that inquiry was most important, but it ought to take
place when there was more time for it. He did not
think that the public would feel any inconvenience from
the postponebsent of the inquiry.
The Earl of RADNOR said that the House was at
that moment fuller than it usually was, and that if busi-
ness of importance were brought forward there could be
no doubt but that there would be a full attendance ; he
had known business of importance—and no business could
be of greater importance than the consideration of
the distresses of the people—he had known, he repeated,
business of importance discussed at this time of year,
and the attendance had always been full in such cases.
NEW HOUSES OF PASLIAMENT.

Lord WHARNCLIFFE brought up the Report of
the Committee appointed to consider the subject of the
Ventilation of the New Houses of Parliament.
THE MANSFIELD CHARTISTS.

The Duke of PORTLAND moved for copies of eel.-
twin correspondence which had taken place between Lord
John Russell and the Magistrates of Mansfield, the
Marquis of Normanby, and the Duke of Portland. The
Magistrates of Mansfield had received information that on
Aug. 12, 1839, it was probable there would be an eruption
of Chartists into the town. The Magistrates had met,
and a Mr. Unwin, a Magistrate, had told them that he
had certain information that in many houses there were
arms concealed for treasonable purposes, and that if those
houses were searched they would find them. Now, the
Magistrates had great doubts as to whether they possessed
any authority to search for arms, and the Cletk to the
Magistrates gave it as his opinion that they
had no such authority. The apprehended meeting
of Chartists took place. They were dispersed without
difficulty, and some of them were taken up, but in the
evening constables, under the superintendence of Mr.
Unwin, a Magistrate, welt to the house of Joseph
Broughton, in order to search for arms. No
arms were found, but many letters signed Pitkeithley,
which Mr. Unwin considered to be of a treasonable na-
ture were seized, copies of which he forwarded to Lord
John Russell; and Mr. Phillips, by the desire of Lord
J. Russell, acknowledged the receipt, thanked the-Ma-
gistrates for their zeal, but stated that the Noble Lord had
no directions to give them. Not one word was then said
against the perfect legality and order of the proceed-
ings teien by them. Two months after that, Broughton
gave notice of action agaiast Mr. Unwin, and that
(Sentleman applied to J ord John Russell to under-
&eke his defence. Mr. linwin was now dead, but
there never was a m re active Magistrate. He
certainly was no partisan a her Majesty's late Govern-
anent ; on the contrary, he was strongly opposed to
them ; but, had he been. their warmest adherent, he
could net have. dyne more to repress Chartism. In
answer to his application at the Home-otlice, he
received a letter from Mr. Phillips, by command
of ti Marquis of Normanby, in which the Noble Mar-
"pis regretted that the Magistrates had proceeded to the
search of any house Without having had a sworn infor-
mation before them, • or without previously communicat-
ing with the Secretary of State, as it was
at variance with his previous instructions to
the Magistrates. Before that period not one word had
ever been said against the conduct of the Magistrates.
fo his opinion it was the duty Of the Secretary of State
set all times to support the Magistracy ; but in this case
Noble Marquis had gone out of his way, and had
im.ented fue ts—(Hear) —in order to cast blame upon them.
Tiaio wag a most extraordinary case, and one which, he
ass's_ poas, deserving their Lordships attention. The
lirsatte Duke concluded by reading his motion.
*The Marquis of NORMANBY characterised the mo-
tion which the Noble Duke had brought forward as a
most extraordinskry one.
He vv
on ca polite state-
ould leave it to the good
:
sense of their Lordships ,
'wits, as had been brought under their atten-
tion, they should grant those papers—whether
,
without any knowledge of the grounds on which those
trials took place without any knowledge of the
Judges before whom they were tried—their Lord-
ships would take upon themselves the_ responsi-
bilitya of advising the Crown to grant those pers.
p
Me was placed in a most unpleasant situation, as he would
have to remark upon the conduct of one who was now no
more ; but he could assure the House that in any course
be might think proper to adopt he would take care not
to say anything that would be painful to any friend of
Mr. Uuwin. The Noble Duke had stated that the pro-
ceedings were founded on the letter of Lord J. Russell.
Such NV a 3 not the fact. Lord John Russell never had
been told that a search had been made for arms till after
the action of Mr. Broyle was tried. The letter of the
!2d of August was inaccurate in many respects, espe-
cially with respect to the statement that the house was
searched under the warwnt of the Magistrates ; such not
being the case. The noble Duke might view the pre-
sent subject with a microscopic eye with respect to Mans-
field, but he could assure hum that there was great un-
easiness at that time through th vOsole country.
He could not. help believing that the whole of the.'.
formation as to arms was of the description to which he
had alluded. He would direct the attention of their
Lordships to the information of Ephraim Sills—it was
after all mere hearsay ;--lee said that if certain houses
were searched he should not be surprised if arms were
found. If t Noble Duke would look back to that
perilar nis of Normanby) had no doubt but
th ect that the Magiatrates of Mans-
NM' kipe- natant state of alarm by these un-
/40ini&d report,s. ' .Magistrates had failed in their
- 'search for arnaSiAl44 y gave as the reason for their
failure that triopethad had sufficient time to secrete
:3
their arms, izt conseo ce of the notice they had had
of the Magistrates,' ntion• Now, he did not suppose

that the Magistrates had published at the Market Cross
their intention:of searching the houses at Sutton or Ashby.
The fact was, they had•acted on inadequate information.
No communication had been made to the Home-
office until the action had been commenced.—(Hear,
hear.) It was obvious, from the letter of Messrs.
Parsons and Bell of the 15th of November that the Ma-
gistrates felt that Mr. Unwin had acted wrong. In that
letter it was admitted that, in the peculiar situation in
which the Magistrates had been placed, they had, per-
haps, exerted a rigour beyond the law. That letter
never stated that the Magistrates considered that they
had acted under the authority of the Government, and
that letter had enclosed a document, on seeing which he
had directed Mr. Phillipps to write the letter to which
the Noble Duke had alluded, in which he had stated
that the Government could not interfere. That docu-
ment was the declaration in the action brought by Mr.
Broughton against Mr. Unwin.—(The Noble Marquis
then read the declaration, which set forth that it was an
action of trespass, brought against the defendant for ille-
gally breaking into and entering, and illegally searching,
the house of the plaintiff.) It was on the proceeding of
Mr. Unwin that their negative was founded. Messrs.
Parsons and Bell sent a copy of the notice, and also a
copy of the warrant, under which the search was alleged
to be made. But the search was not made under
that warrant, and it was so admitted by the
counsel at the trial. The warrant was not used. It did
not agree in terms with the information. The informa-
tion stated that arms had been collected by these persons,
but where ? There was no information respecting that.

It not even state that they were in their possession.
When, therefore, application was made to the Home-office
respecting the trial, the answer given was, that under
these circumstances the Government could not take part
_ _

in the business, nor advise respecting it; but that if a ver-
dict was given for the defendants, they might take the
whole case into consideration. He (the Marquis of Nor-
Inanby) justified that part of the letter by the information
he received. It showed that he was willing to reconsider
the whole matter, provided Mr. Unwin could make out a
better case, but every fact that had come to his know-
ledge since then, convinced him more and more that Mr.
Unwin had acted on that occasion rashly, inconsiderately,
and illegally, and that the verdict in no respect turned on
his having acted in conformity with his instructions.
The Noble Duke had alluded to the charge of Justice
Littledale, but lie did not allude to that which had been
delivered by Lord Chief Justice Denman. The Magis-
trates never conceived that they were acting under the
direction or special authority of the Government until
the action was brought. And why did he (Lord Nor-
manby) say that they thought so ? Because they never
stated that they were acting under any such special direc-
tions. Lord Denman, who had heard the whole of the
case, stated that Lord John Russell's letter was not law ;
and even if it were, it did not go to the extent to which
Mr. Unwin went. The charge of the Lord Chief Jus-
tice on the trial bore him out in saying that Mr. Unwin
had overstepped the powers given him by Lord J. Rus-
sell. It appeared from the evidence that Mr. Unwin,
whose only duty it was to search for arms, exclaimed
when he had found some papers, that " these were
what he had been searching for." The Noble Duke
had not, in his opinion, established a case against
the conduct of the Home-office.—(Cries of " Hear,")
He did not wish to throw suspicion on Mr. Unwin's
motives, but he thought that gentleman had very im-
prudently taken the law into his own hands. He would
take that opportunity of putting it to the present Govern-
ment whether it would not be advisable that they should
confirm an appointment which he had formerly made ;
and whether it would not be advantageous to the public
service that there should be a solicitor to the Home-
office? There might not be much occasion for such a
functionary at the present, but on occasions of difficulty
it would be found of the greatest benefit, that the Home-
office should have a professional gentleman like Mr.
Vizzard to consult. He had only to repeat, in regard
to the case to which the Noble Mike's motion referred,

that he had taken the course which he thought was re-
quired under the circumstances.
Lord WHARNCLIFFE did not find fault with the
conduct pursued by the Noble Marquis who had just sat
down, or the Home-office, but he must allow him to say

that upon the present occasion, as in the sister kingdom,
there appeared to be a bias in his mind against the
county Magistrates. He thought he could show that he
had failed in his duty in that respect, because he (Lord
Wharncliffe) considered it to be the duty of the Home
Secretary to put himself in confidence with the Magis-
trates. That had not been the case pith the Noble
Marquis, and he asserted that no Government could
efficiently govern a country in which that confidence did
not exist. His Noble Friend, in alluding to the present
case, had stated that there was no warrant. Now, sup-
posing such to be the case, he (Lord Wharncliffe)
asserted that Mr. Unwin had acted in a manner in which

he was justified. He thought he should be able to show
his Noble Friend, that upon the present occasion the
charge of the Learned Judge who tried the case had
been greatly distorted.—(Hear.) The Noble Lord had
then referred to the charge of Mr. Justice Littledale, in
which that Learned Judge stated that Mr. Unwin had a
right to pursue the course he had done. With respect
to the papers, he admitted it was doubtful whether, in
searching for arms, Mr. Unwin had a right to search for
papers. He thought in strictness he had not a right to
do so ; but it must be recollected, that, in the county in
which this took place, there was constant arming and
organization, and under such circumstances, he thought
the course Mr. Unwin had adopted was justified ; and
even if it was not, his conduct ought not to be viewed
with that strictness which it appeared to have been. As
to the papers, the Learned Judge had stated that he did
not think Mr. Unwin had a right to take them. All
the circumstances of the case showed that Mr. Unwin
had the right to search for arms, and that the Govern-
ment were not called upon to show a want of feeling
towards the individual. He thought the course that had
been pursued by his Noble Friend was unworthy of the
high station which he held as head of the Magistrates of
the country. Upon the best consideration he could give
the case, he thought Mr.. Unwin lid not committed any

very great offence. With respect to the Noble Duke's
motion, he thought it was impossible for the House to
interfere, and he would recommend him, therefore, not
to push it to a division, but satisfy himself with what
had passed upon the present occasion.
Lord BROUGHAM said, that after the observation of
the Noble Lord who had just sat down, it was almost
unnecessary for him to say a word in justification of his
objection to the motion of the Noble Duke. He wished,

however, to remind their Lordships that the law threw
around magistrates the most ample protection, and that
if they made bona fide errors they were more lightly
visited than any other class of men. He must object to
the motion on general grounds. Lord J. Russell did
not seem to have mistaken the law; in fact, there was no
material difference between his views of the law, and

that of the Judge who tried the cause. The informa-
tion hardly gave them the right to search for arms. It
said not a word about papers, yet it was only for taking
papers that the action was brought. Neither did
Lord John Russell's letter say one word about
papers. Even although there had been, it would
have been no justification for the Magistrate, but it did
not. The Magistrate took the whole matter on his
own shoulders, and surely the county ought not to be
called upon to pay the costs. The motion was unprece-
dented, and he hoped the House would not agree to it.
The Duke of PORTLAND then withdrew his motion.
A Message from the Commons brought up the Poor-
law Commission Continuance Bill, which was read a
first time, and ordered to be read a second time to-
morrow.
The Expiring Laws Continuance Bill was read a se-
cond time.
The House then Adjourned till to-morrow at Twelve
o'Clock.