The Sun.
London, England, 1835-11-25 00:00:00

KING'S BENCH.-TUESDAY.

THE KING V. HAYWOOD.
Sir W. FOLLETT (Mr. JOHN SIDNEY TAYLOR was with
him) said that he was instructed to apply, on behalf of Co-
lonel W. Blennerhasset Fairman, for a rule to show cause
why a criminal information should not be filed against Mr.
Joseph Haywood, for a letter written by Mr. Haywood to
Lord Kenyon. Colonel Fairman stated in his affidavit that
he was a member of the Loyal Orange Association, and
that the members of it were bound by no illegal oaths.
Lord DENMAN—Does he say that they are bound by
any oaths ? for if they are this Court cannot take his con-
struction of them.
Sir W. FOLLETT answered in the negative ; the affidavit
did not state that they were bound by any oaths, but that
they were bound by duty, as faithful subjects, to preserve
the descent of the Crown of these realms as by law esta-
blished. Qn the 21st of October last, the defendant
wrote a letter to Lord Kenyon, at his residence in the
country, and that letter was the ground of the present ap-
plication to the Court. That letter purported to be ad-
dressed to Lord Kenyon, but had since been published,

and it commenced in the following manner :
" October 21, 1835

" MT LORD—On Sunday last I received a circular, pun
porting to emanate from your Lordship, having your Lord-
ship's name affixed thereto, as D. G. M. of England and
Wales, though in reality I conceive it to be the effusion of
your officious agent, for it savours much of his malignant
temper and traitorous disposition. It is addressed To
the true and loyal Orangemen of England.' Be it so.
Then I aver it to be quite adapted to the brethren alluded
to in the circular, but whom your Lordship would now
seemingly wish to expose; in doing which, your Lordship
is perhaps not aware of exposing yourself. The brethren
who met me at Wakefield are Orangemen, claiming and
maintaining their civil rights and religious liberties, as se-
cured to them by King William 111., Prince of Orange, whose
name we bear, cherishing the principles of our cree as pub-
lished by your direction, viz.—hating no one on account of
his religious opinions. We bear true allegiance to his Ma-
jesty, which, I presume, Is more than your pretended brothers
do, as I shall hereafter notice to your Lordship ; for when I
read the sycophant language of the ex-Colonel in the circular
it reminds me of the hired menial's mission and conduct on his
late tour throughout the country, at one guinea per diem,
coach-hire, &c., whom the illustrious, high-principled, and
inflexible G. M. (as you term him in the circular) and your-
self eulogised so much, for his services in supporting the
Orange cause. He was sent on a second tour, as appears by
the Grand Lodge circular of February 15, 1833, upon the
same expenses, with incidentals allowed ; and because I ex-
posed his extravagance and wilful waste at Airdrie, in Scot-
land (where he distributed money and wine in the streets) I
have been thwarted by him with all . the arrogance he was
master of. When you last wrote me your Lordship dictated
brotherly love and good feeling ; if so, why send, through
the medium of your hireling, a circular, and leave the post to
pay, when your Lordship might have franked it as before?
But why send one at all? Why threaten us with cancelling
our warrants, and expelling us ? We tell you again, my Lord,
as we told you before in a printed circular I drew up at Wake-
field, that we had entirely withdrawn ourselves from the Grand
Lodge, on account of your exactions and tyranny, by not
only compelling our principles but our money to support it.
My Lord, this exposition of us, as you term it, is an exposition
of yourself, and I have no doubt will soon be found out, to
your Lordship's mortification. Your Lordship, in the cir-
cular, says nothing about all the lodges in London having ten-
dered in their resignations to the Grand Lodge, except 206,
William Thomson a man of your own. No, this would not
suit your Lordship.
" Now, my Lord, as exposition seems to be the order of the
day, I should wish to ask your Lordship a few, questions on
the subject. Did not R. H. as G. M., arid your Lordship as
D.G. M., know what your missionary, Colonel Fairman, had
done on his first tour in 1832 ? Or rather did he not act under
his R. H.'s and your Lordship's directions, and was he not
under those directions instructed to sound the brethren how
they would be disposed, in the event of the King, William
IV., being deposed, which was not improbable, on account of
his sanctioning the reform of Parliament ; and if so, it would
become the duty of every Orangeman to support his R. H.,
who would then, in all probability, be called to the throne."
Their Lordships would observe, that in this letter a Mr.
Haywood charged Colonel Fairman with having sounded
the members of the society as to a change in the succes-
sion to the throne of this country. The letter was received
by Lord- Kenyon on the 24th of October. Lord Kenyon
now made an affidavit, in which he denied for himself all
the matters charged in the letter to have been done by
him, or known to him, relative to the supposed directions
or instructions there mentioned ; and Colonel Fairman
stated, in the plainest and most explicit terms, that he had
not received any instructions of the sort described. Co-
lonel Fairman said, that "he never did receive any direc-
tions, instructions, or request, desire, or suggestion, from any
person or persons whomsoever, to sound the brethren or
members of the Loyal Orange Institution, or any person
whatsoever, or to inquire of or ascertain from such brethren,
or any other person or persons whatsoever, how they, or
either of them felt, or might feel disposed, in the event of
our Sovereign Lord the King being deposed on account of
his sanctioning the reformed Government, nor was he in-
structed by any person, that in the event of his Ma-
jesty being deposed, it would become the duty of every
Orangeman to support his Royal Highness the Duke of
Cumberland, who would then, in all probability, be called
to the throne ; nor did he ever receive any instructions or
orders from any person connected with the institution that
were not strictly consistent with the allegiance and duty of
all loyal subjects of his Majesty, and the preservation of
the succession to the Crown of these realms, as by law es-
tablished. He further says he never did tell or inform the
said Joseph Haywood or any other person whomsoever,
that he had been directed by Lord Kenyon to sound the
brethren how they felt disposed, in the ovent of his Majesty,
King William IV. being deposed, which was not improbable
on account of his sanctioning the reformed Government ;
if so, it would then become the duty of and,every Orange-
man to support his Royal Highness the Duke of Cumbr-
probability, be called to the
land, who would then, in all
throne ; and that he never did directly or indirectly sound
the brethren, or any of them, as to how they felt disposed
in the event of his Majesty being deposed on account of
his sanctioning the reformed Government ; nor did he ever
address language of the like purport or meaning to the
said Joseph Haywood, or any other person ; and that he
never did put any questions, at Barnsley or elsewhere, to
that or the like effect ; and that the insinuations to that effect
in the libel are wholly untrue and without foundation." The
affidavit of Lord Kenyon stated that he had been Deputy
Grand Master of the Loyal Orange Institution for the period
of 14 years, and that he never instructed Lieut.-Col. Fairman
or any other person to sound the brethren how they felt dis-
posed in the event of King William IV. being deposed on ac-
count of his sanctioning the reformed Government; nor did
he instruct the said Lieut.-Colonel Fairman, or any other
person, that in the event of his Majesty being deposed, it
would become the duty of every Orangeman to support his
Royal Highness the Duke of Cumberland, who would then
in all probability be called to the throne, as the said Jo-
seph Haywood had falsely insinuated ; nor did he give any
instructions or orders to the said Lieutenant-Colonel Fair-
man, or to
_any other person connected with the Loyal

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2041.
1711.1
2401.
173/.
14'11.
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32./.

201
651.
334
950/.
201.
651.