The Sun.
London, England, 1821-06-28 00:00:00

CONSTITUTIONAL ASSOCIATION.

MANSION HOUSE.—The Loan MAYOR having
appointed yesterday for the hearing on the in-
formations exhibited against Mr. Murray and
Mr. J. B. Sharp, the Secretaries -to this Associa-
tion the Justice-rim was crowded at an early
hour. His Lordship too •him seat-tat the usual
hour, and the parties in the informations not
being in attendance, proceeded with the regular
business of the office. In about half an hour Mr.
Murray and Mr. Sharp, attended by Mr.
Adolphus, as their Counsel, and accompanied by
several Members of the Association, entered the
It was agreed that the information
against Mr. Sharp should be first heard, and
Tyler, the informant being called, took his place
at the desk.

room.

The LORD MAYOR then said, that, conceiving the.subject
to be of a nature in which he might require legal assistance, he
had requested the attendance of the Professional Gentleman,
then on his left, Mr. Newman, the City Solicitor.
The information was then read, and Mr. Sharp, being called
upon, pleaded not guilty.

Mr. THACKERAY opened the 'case upon the part of the in-
formant, by observing that he thought little more was ne-
cessary for him to do under the peculiar circumstances of the
case than to call evidence in support of the averments in the
information ; the words of the act in his judgment were so
clear as not to need a lengthened speech to show their applica-
tion to the present defendant; but as certain objections might be
raised as to the operation of the act, andit might be contended
to extend only to societies for a seditious or disloyal pueo
pose, it would be prhper he should make a few remarks to •
show that this .Association was strictly within the operatiOti
of the statute. He disclaimed for himself and his friend,'
Mr. Parkins, all personal motives of hostility to the defend-
:sat, or any of the Members of the Association ; -he- declared
himself equally hostile with them to disloyalty and sedition, and
considered no evils more destructive to the peace and happiness
of the community. - His only object, and that of his friend, was
to put a stop to the proceedings of an association whichthey • '
considered to be contrary to law. It might be argued, that the 'e
societies which it was the object of this statute to suppress were '
enumerated in the act, and therefore it would be absurd to 'en:
deavour to. include, as under the operation of the act; this As-
sociation, established for purposes avowedly of a very, different
nature and tendency ; but he would contend, that it would have
been very unwise in the Legislature not to have foreseen and
that they did foresee, that other societies might be established
with plausible names, and apparently with praiseworthy
views, whose proceedings it might .be necessary to guard
against, or control, besides those enumerated in the preamble
of the act. , It ought not, therefore, to be inferred this the
• whole object of the statute was set ferth in the preamble. That
it never was so intended was clear, for in former .times acts
were passed without any preamble at all. In his opinion the
preamble of this act had reference only to the first section, and.
that the enactments were generally affecting all societies within
the descriptive words of the Act. The only exception he could
discover was in favoury of Freemasons' Lodges ; but even in •
their case the lodge must be registered, and would it be said that
a society, with the great name of Lord Wellington enrolled
among its Members, ought not also to be registered ? Did ft
not imply. that there was something suspicious in its nature, - •
although it had assumed a plausible designation ? By the Act
57th of the late King, religious and charitable societies were ex-
empted from the operation of the former statute, which proved •
that they were before conaidered as clearly liable under
it ; he therefore contended, that all societies not coming
under those exceptions, whatever might be the views, " be
their intents wicked or charitable," were within the mean-
ing of the statute.. Their objects might be originally good ;
but if, like the Recorder, they should deviate into psli-
tics, they subjected themselves to the due course of law.---i
The Learned Gentleman quoted the Address of the As-
sociation, and contended that it amounted to a declaration with-
in the meaning of the Act. The Association itself denies that
it is established for moral purposes ; societies for those purposes, •
they declare, are already established-; and if their object be
really to put down libellous and indecent pubhcations, why, he"
would ask, have they not prosecuted on both sides ? Why had
the . not prosecuted for libels - against the Queen, and why
ha ot. such caricatures as- these met their vengeance i---
(iV r. Thackeray here produced two indecent pictures.)-1
13
do not, said he, exhibit them publicly, for I suppose slan-
dering is not reckoned among the objects- which the Associas .
tion professes to suppress. One libeller of the Queen had -7
indeed been stroceoded against, the Reverend Mr. Blaeow, Isla
that was not the act of this Association. They sought out the
poor starving bookseller, who might be ignorant of what he-sold,
and compelled to the sale to peocure an existence, while this
libel, which was delivered from the pulpit, they allowed to pasa
unnoticed. Mr. Thackeray then remarked on the suggestion
to his Lordship to appoint an assessor, which he deemed such an
insult as ought to have subjected the person making it to be,
committed. He wished only for a decision upon' the legality of
the association, and therefore called only-for the mildest penalty,
and concluded a speech of about half an hour by abjuring big
Lordship, as he valued his public character; and as he would
be answerable at a higher tribunal, to give that decision which
he believed to be the law of the land.
Mr. Parkins was then called and sworn.
Previously to his examination, Mr. ADOLPHUS asked Oft
if he was to have any share in the penalty, in Cage of conviction,
as it was now avowed that a penalty was sought for e
Mr. Parkins replied, Certainly not.
Mr. Parkins was then examined, ' Knew the Association.
They met at No. 6, New Bridge-street ; there was a bras
Pate, with the words " Coostitoteonal Association" on the door.
Saw a young man, whom he since knows to be Orton, at time
door, who introduted him up stairs. Saw the defendant, Sharp'
there; asked him to give him the latest list of subscrilYos,
which he did very politely ; and also a copy of a circular letter,
i
signed by himself, arid a pamphlet. Beng asked in what ca-
pacity. he applied to Mr. Sharp, and what induced him to 35_.',._
for the list, 111 r. Adolphus objected, and some time waseP,T,
in argument between the Learned Gentlemen, Mr. Adolph u3'
contending that the witness should be confined to give his 07,1„
deuce only to whit passed between the'clefendant and himself,
and not as to his motives or the character in which he apPl!'e,!
to Mr. Sharp, which was so ruled by his Lordship. Under tfil!
restriction, the evidence of Mr. Parkins went no farther than?,*.
to the receipt of copies of the Address of the Association, wito
the list of subscribers annexed.
had never attended any meeting of the Association ; did ‘. ,
On his cross-examination by Mr. ADOLPIIUS, he said,
ghe,.
for the purpose. of getting evidence for this Information, hut.n
general Information ; did not recollect whether or not he 1,3.:
I
a thoughtp 1i to thheatLi
.o Lord
v.3elrayt
oolrdb eSfohraer
ph he 1 sawe
thoughthlr .
the Sharp,A bssuo
et riaattli;
he ,
a good one. -
alike:eh
hafdri;oeitfsakindotwilialtbilelfor.resTillieawckeenrtatyouirli6abe,i:
~
toili °rd. onls.
‘loi beingma cekt
ehrai
ansyl; eot(olb.
ill
ing so said. What lie said was, that he thought as Mr. T 1,,,,
objected to the question as irrelevant.
It was, however, persisted in ; and 111".o.Parkins denied 10.:
keray had found out that the Association was illegal, he cole,.
to have the credit of the . discovery. He never mentioned u,h
Thackeray's uncle, nor did he know or believe that Mr. 111;10', ,
eray was going to India. He thought the credit of the etu
might be useful to Air. Thackeray, as a young man in his P' '
fession. as
The printed Address of the Association was then put ins ot
evidence, and certain parts of it read, particularly the n5O e 1
Mr. Sharp, as Honorary Secretary, and again in the list of 5
scribers, and in the declaratory Resolutions. IA
Mr. Shelton, the Clerk of the Peace for the City of Lorita'et
proved that the Association was not ressistered at his office: with
one society, except the Freemasons, had ,been registereo
him under the Act in question. .
ealie 1
H . Mr. ADOLPUS read from his brief a list of about 20 Eel on
societies, of different descriptions, none of which, Mr. Soe
said, were registered. -
This closed the case for the informant. '
forbi°
Mr. ADOLPHIrs was glad the time wits at length come ode '
to answer the attacks, which for so long a time had beet A sso-
against his client, Mr. Sharp, but in reality against time uteri
elation, who were now called upon te answer upon a °nova°
information under a penal statute. The ,Learned Gevaael its
proceeded to pass a high eulogiam on the Associaticrios, an"
proceedings. He then took a view of the history of the
oa odes
quoted the preamble to show the nature and descriptie_nsignated,
ties intended to be suppressed, which were clearly (.I'ny OnP°- IX
while the objects of the present Association were en.tiu' could be
site. He denied that the Address of the Associa
"narked that
construed into a declaration under the act, and re',
the word ' test' was omitted in the inforingtwsented to. He
(
was known that there was no test subscribed or used for the Cris
instanced a case of a society which should bc f°embers of which
couragement of home manufactures, the
°land to have a ball/
should assent to a declaration to dine tog 5
-call of aid
of the coin'
it ,
where every one must appear in doe menu
try. This would be a declaration not
:in ill sal
e conibi
this was ----. 6 less '
would any one venture to- Say that
fleet um er ,_
nation ? ' This construction would equally
etit a remembered that '
valuable Societies and Institutions;
and!'" i-ellene tleman had for
this object is now avowed, as the Learned
charitable, they weiss
tended, that let their intents be wickedt e:
Act.h Thus he might
4/
all'equally within the meaning of
und of the principles cefeil'A.
claim an anquittal on the high gro req3,uired by law ; but

-04;"

Association, and denied that any test existed among them ; but
there was not even a tittle of evidence in support of the facts
sXad et forth in the information. The existence of the Association
not been proved ; no evidence given that they ever met.
Mr. Parkins had seen only Mr. Sharp, alone in a room, and so-
litude and society he had always understood were direct oppo-
sites. No proof had been adduced but the list of subscribers,
and persons might be subscribers, and vet not members. Even
in the list, Mr. Sharp was set down as Secretary, and it sel-
dom happened that the Secretary was a member of a society.
Nobody thought that the Clerk of the House of Commons was
therefore a member. The very printed Address had not been
proved to have been issued by the society ; the manuscript
should have been produced, and evidence brought forward trac-
yig it to the defendant. The Learned Gentleman concluded
by repeating that he had a right to claim a decision in his favour
upon the high ground that the Association was not within the
Illeaning of the act; but even if that should fail him, upon the
otal absence of evidence to prove the facts stated in the in-
formation.
The LORD MAYOR consulted for a few minutes with Mr.
Newman, when the latter gave the ision that his Lordship
thought there was not evidence beforedec him to induce him to pro-
nounce the .Association an illegal combination, and therefore he
tlismissed the information.
The
information against Mr. Murray was then withdrawn.