The Sun.
London, England, 1820-01-10 00:00:00

' hrity from a late popular work.) Was that a
proceeding affecting any trial depending, or with
a view to ally individual punishment ? It was,
as fairly .stated by the IHonourable and Learned
Member, an inquiry, in order to ground a Bill of
• pains and penalties against the town of Edinburgh,
' and which wes accordingly passed. The third
instance alluded to, was' the inquiry instituted
before the Secret Committee in 1794. That was
an inquiry for the purpose of grounding measures
for the public safety ; and was with reference to
the general state of the country, not into the con-
duct of local Magistrates, aed on a particular oc-
casion. Again, the danger of its incidentally af-
fecting the rights of individuals, who were liable
to be tried in the Courts of Law, was so strongly
felt, that the inquiry was a secret one ; when
published, the names of individuals were sup-
pressed ; and even under all these circumstances,
the possibility of an impression unfavourable to
these individuals having been made by' the report,
was so strongly left, that Mr. Erskine relied on it,
and successfully, and in some instances, as be
(Mr. P.) believed, acquittals were obtained on
that ground. When his Hon. and Learned Friend,
with his extensive knowledge and research, could
produce no other instances than these, he felt
himself justified in repeating the assertion, that
the measure was unprecedented. But-there was a
case not alluded to by -his lion. and. Learned
Friend, as tie recollected, about the year 1715, itt
which a Parliamentary Inquiry having been di-
rected into the _amulet of a certain Meeting at
Oxford, which was-alleged to be riotous, a num-
ber of affidavits were produced on one side, and,
after an unavailing demand of examination on the
other, the inquiry was found so impracticable
that it was dropped, and no further proceedings
founded on it.* The case for inquiry, he there-
fore, contended, was unsupported by precedent,
and was not bottomed on any ascertained tact, or
even on any statement made by any Member in
his place—of any ease which, it true, would war-
rant its adoption. Indeed, he had not heard' any
Mionber assert the legality of the Manchester
Meeting, He was confident that no Mart ac-
quainted with the Lalvs and Constitution
'Tie
the Country, would venture to do -so. The
House, be trusted, would excuse him, if he tres-
passed a little further on their patience, by
stating his opinion as to these public Meetings.
The right of the people of this country to meet
for the purpose of expressing their opinions on
any subject connected with their own individual
interest, or with the public welfare, was beyond
all question ; it was a sacred privilege, belonging
to the most humble as fully as ro the highest sub-
jeer • ,
tne community : they lied a right to the
mull expression, and to the free communication,
of such sentiments ; to interchange them with
their fellow-subjects; to animate and catch fire,.
each front the other. Lie trusted that to such
rights he Dever should be found an enemy ; but
he lenst say, that these rights, like all others to be
exercised in civil society, must he subject to such
modification and restriction, as to tender them
compatible with oilier rights, equally hawse,.
ledger! and equally sacred. Every subject of this
realm had an undounied right to the protection of
the laws, to the security of his person amid his pro-
petty, more, to the full assurance of such
safety ; 1-1 A he had na i)esitedou in asserting,
that any assembly of he people, held under such
circumstances as to excite in the mines of the
King's peaceable and loyal subjects reasonable
grounds of alarm, in this respect, were illegal as-
semblies, and liable to be dispersed as sack. He
thought it important that it should be understood,
that these rights were restricted, not merely to this
extent—namely, that they tomtit not assemble for
,tin illegal purpose; that they must not assemble
with force and arms; that they must not use sedi-
tious language ; thet,tirey must not revile the laws
or public functionaries—but, beyond all this, that
they must slot assemble
or
such circumstances,
whether of numbers otherwise, as to excite
welegrottuded terror in the minds of their fellow-
subjects, or to disturb their tranquil and assured
enjoyment at the protection of the laws, free from
all reasonable apprehension of force or violence.
A vulgar notion may have prevailed, -that if the
avowed and immediate purpose of such meetings
were not illegal, or it they had not arms in their
hends;or if no force was actually usetror immediately
threatened, the assembly was legal no ofai,„
conk' be more unfounded. And he slid not fear
contradiction from any constitutional lawyer,
when he asserted, that any assembly of the peo- -
ple, whether armed or unarmed ; whether using,
or threatening'to use force, or not doing so ; and

• The reference appears to hate been made from memory,
and though substantially true, was certainly inaccurate in
expression. The facts were these r
A tumult having arisen at Oxford, on the Prince's birth-
day, and the loyalty of the Mayor and of the Heads of the Uni-
versity being called in question, the Lotus of the Council ex-
amined into the Case on affidavits, not with reference to the
riot, btu With respect to their conduct as to rejoicing on the
Prince's birth-day---a matter which could not he the subject
of say legal inquiry. The Council came to the following Re-
solution;—" Resolved, That the Heads of the University and
Mayor oft he City neglected to make any public rejoicing on the
Prince's birth-day; but some of the Collegiates, with the
Officers, being met to celebrate the day, the house where they
were was assaulted, and the windows were broken by the
rabble, Which Was the beginning and the occasion of the riots
that castled, as well Irons the Soldiers' as, the Scholars and the
Townsmen, ; and that the conduct of the Mayor seems well
justified by the affidavits on his part." On the 25th March,
1717, the Lords addressed the Crown, that the proper Officer
sbou!d•lay'before the House the complaints and depositions
relative to the riots and disorders complained of at the City
of Oxford, and the proceedings which had been had there-
OD:

In consequence of this Address, thse documents, consisting,
among, others, of fifty-six affidavits by the officers and sol-
diers, and fifty-five affidavits on the part of the Mayor and
City were laid before the House of-Lords, and referred to a
Connnittee of the Whole House. On the 3d of April, 1717, the
Committee repealed two Resolutions, viz, an approbation of
the Resolutions of the Lords of the Council, already stated ;
and, secondly, that the'publicatio, of depositions, white the
matter was depending in Council, was disrespectful to the
Piinee, and tending to sedition. A petition against this
Rustdation was offered un hi-half of the Vice-Chancellor,
the Mayor, and Mmristrates, w'ho desired to he heard in re-'
ply. Their application was refused, and the Resoln-
timrs already stated svvre adopted by the House, owl
#l5 jertAcr I,y,ceeilia.4 were tulc, A. And even from this nrere
adoption of the Re,olutions. in Council twenty-eight Peers
ihssent assigning 'this among other reason-, namely', that
the ;natters of tact were not sufficiently enquired tutu, from
want of 4,l•lunion:l of ieplyin4 to the affidat ; and he
cause, by such oecudi,g,„' the MiListratLs may be. diseun-
ragud (lOW doing theirdaty on such (lecailoris.
These facts appear on the Jmirtrsis of the• Lords; and it
is eoaceived 'they sniettantiaily•warrant.the-statement of this
ease, a, tine tetiiiiiik to allow the futility of %nehi.engnitivsi
kit iiini„;ll y 'do ,J,A, To 11A: th:4l:t Wad of the State-
\

• whether the avowed object was illegal or legal,
it held iu such numbers, or with such Jan•
euage, or emblems, or deportment, as to create
well-grounded terror in the King's liege suh-
jects tor their lives, their persons, or their pro-
perty, was an illegal assembly, and might he
di‘persed- as such. Such had been the law, as
laid. down by the ablest of our Lawyers and of oar
Judges, from the earliest period of our Jurisptn-
deuce, and in the best times of our history add'
Constitution, before the Revolution, stud since
Revolution, independent of the Riot Act, or of.:•
any statutable enactment, by the principles of our
common law, which was always founds d
principles of common sense. The application olf.
this principle to each particular case 1410114 always
be a matter of discretion ; but, in cases l lxe tire
present, it could not .admit of doubt or difficulty._
lnen Meetings became too strong for the CictirF
Power to deal with them, the laws must pro.,
hibit them ; if not, recourse most necessirily.
be had to military force. When the ci,izers
became too strong for the law, the Magistrate •
of necessity became a soldier ;' and those who -
justified these unrestricted Meetings were tlie,
worst enemies to theliberties of their country,
and laid the foundation of a military despotism.
If bodies of the people, not convened ny any
public functionary, but called together by mosso-
tebanks, whose only title was their impudence
and.tolly, were entitled to assemble, not in ti,014.
sands, but in tens of thousands—to march with
banners displayed, in military array, into the_
hearts of populous cities; and if the laws were
not competent to assure the people of this coun-
try against the panic and dismay excited by auch•
proceedings, there was an end to theCoostitution.
lie implored the House to protect the country
the effect of those desolating plans which were
now in operation. Even though they shno4d not
break' out into actual rebellion, their mischiefs
were beyond calculation. Tint principles of re-
spec( for the laws and orders of the State, the re-
verence that was due to the sacred obligations of
religion, these were not the results of MOM-CM.
ta'ry feelings, which might be thrown aside and
resumed at pleasure ; they were habits which, if
once removed, could not easily be restated. If
those sacred sources, from which were the iistres
of public happiness and virtue, were once tainted,
how was their purity to be restored ? He bad rea-
son to believe, that the blasphemies which had
excited the horror of all good men, had been fa- -
shinned by these miscreants into primers for the
education of children, that these helpless be-
ings,
in receiving the first elements of knoW.'•
ledge, might be inoculated this pea'.
Deuce. He again implorer the House to act with

decision and energy., wl►ile yet it was in thei;

po%Yer. if the great founclaii,ns of public stet
were once shaken, the united exertion of all the

honest men of evrry party might come too late.

On these grounds he -deprecate► the amentiort-eirr,
as calcolateti to give encourageinglit 1w the wor,it

enemies of the State, and curdially cottetstred iva
the original Address.

WESTMINSTER SIISSIOWS.—S4wrcIty the Conti
was occupied the greater part of the day iii hear-
ing E.ti appeal against a decision of the Mai/nitrates
at Ba,,T.s:rcet, declaring certain abutments ouil
projections at preachy existing in front of the Two
Brewers public t,:, o;-;e, in Jermyn street, saint
James's, situated at the corner of Church-passagg,
a nuisance, under Mr. M. A. Taylor's Act. The
conviction of the Magistrates was confirmed.
ENORMOUS ROBBERY FROM TAR BRISTOL MAIL,
COACH.—On Tuesday four men took places in the
Mail Coach at Bristol for London, and proceed.
ed in it to within four miles, when two of tier,ua
alighted at Hammersmith, and the other two left
the coach at Knightsbridge. Du the arrival oi
the Mail in London, it was discovered thet ,the
locks of the seats had been picked, and everypar-
„i therein taken away. it is feared some ..)f
them were of considerable value, but the atrotint
has not yet been ascertained. No tidings hues
transpired, of the:plunderers.
Ex:RCUTION.-- Wednesday morning Thomas
Ciappeaon and Bryne Judd were executed at the
usual place at the head of Libberton's Wynd,,
Edinburgh,' pursuant to their sentence., for house-
breaking and robbery at Roadmains. They ep•
peered to be fully aware of the awful sitoation is
which they were placed, and attended to the 4e-
votions with much earnestness, and in which they
were assisted by the Rev. Dr. INGLIS, and, Mr-
HEM, a Roman Catholic Priest. After as very
imptessive prayer-by Dr. INGLIS, and the neces-
sary prepa'ratio.,s had been adjusted, the urapar.
tunate culprits shook bands, and remained a short
time in fervent ejaculation, when Judd signifying
that he was ready, Clapperton dropped a hand-
ketchief, and they were launched into etetni'y.
They were both good looking young then, under
24 years of age,