The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1841-10-05 00:00:00

HOUSE OF LORI/S.-FRIDAY

On the motion of Lord Brougham several returns were
ordered of correspondence respecting slavery in Ceylon,
Penang, and Malacca.
The Duke of PORTLAND moved for a return of the corre-
spondence between Lord J. Russell and the magistrates of
Mansfield, and that between the Marquis of Normanby and
the Duke of Portland and others. It appeared from the
statement of the noble duke, that Lord J. Russell had
written to the magistrates of Mansfield, at the period of the
apprehended disturbance in that neighbourhood, requiring
them to be active in the discharge of their duties in putting
down seditious meetings ; and that in consequence of this
letter a search for arms took place in the house of a man
named Broyan. Mr. Unwin, one of the magistrates, made
the search without a warrant. In reply to a letter to the
Home-office, communicating some documents which had
been found in the house, Mr. Phillips declared that Lord
John Russell thanked the magistrates for the course they
had pursued. Subsequently an action was brought by Broyan
against Mr. Unwin, which action was twice tried, and on the
last trial a verdict was returned for the plaintiff with one
farthing damages, the judge refusing to certify for costs. Mr.
Unwin claimed to be defended at the expense of the govern-
ment, on the faith of Lord John Russell's letters, but the
Marquis of Normanby resisted the application, on the ground
that Mr. Unwin had acted illegally, and was not warranted
in the course he had pursued by anything in the original
letter of Lord John Russell. This, the noble duke con-
tended, was very hard upon Mr. Unwin, who had zealously
exerted himself to preserve the peace, and who, in the house
of Broyan, had seized some documents which Lord John
Russell had declared to be very important evidence should a
prosecution be instituted against the parties whom they
implicated.
The Marquis of NORMANDY defended the course he had
adopted, and said if the correspondence were produced the
noble duke would find that those who had placed the case
before him had omitted many particulars which would throw
a very different light upon the transaction. The noble lord
would remember that if Mr. Unwin thought himself ag-
grieved he might now take the opinion of another govern-
ment. Mr. Unwin had acted illegally, and had no right to
call upon the government for an indemnity. The letter of
Lord J. Russell was a circular to all the magistracy of the
country ; and yet, of all these, Mr. Unwin was the only one
who had brought himself into such a position as to have an
action im•onght for the illegality of his proceedings.
Lord \\' HARNCLuYFE was afraid there was a bias in the
mind of the noble marquis in this, as in the sister country,
to look with an eye less favourable on the conduct of the
magistrates than on that of those to whom they were op-
posed. He admitted that Mr. Unwin acted without a war-
want; but if he had a regular information that there were
arms for an illegal purpose in a certain house, he had a right
to go himself, without a ,v-arrant, to seize those arms. The
only error committ..d by Mr. Unwin, therefore, was that he
had no rill to 'Larch for papers ; but then it was to be con-
sidered tliaL, in the state of the country at the time, a magi-
strate would not be doing his duty if, while searching for
arms, he found papers implying the existence of a conspiracy,
and had not immediately seized those papers. When magi-
strates were called upon to perform arduous duties, such as
fell upon the magistracy throughout the country during the
chartist riots, he thought it was too hard to tie them down
to the strictest forms of the law, where they were honestly
endeavouring to preserve the peace of the community. It
was, however, impossible to agree to the motion before the
house, and he might also remark that there was great diffi-
culty in taking the sense of another government upon the
question. He hoped, therefore, his noble friend would be
content with what had passed, and without his motion.
Lord BROUGHAM contended that Mr. Unwin had acted
illegally in the course he had pursued, but thought it was an
error of judgment arising from zeal.

The Duke of PORI LA.;ID then withdrew his motion.
The bills on the table were then forwarded a stage, and the
house adjourned.

HOUSE OF COMMONS.-FRIDAY

The report of the committee on the Exchequer bills bill
was brought up and received, and the bill was ordered to be
read a third time on Saturday.

Upon the motion for the third reading of the poor law com-
mission bill,
Mr. FIELDEN opposed the bill in a speech of some length,
and concluded by moving that it should be read a third time
that day six months.
Mr. S. CRAWFORD seconded the amendment.

Sir C. DOUGLAS supported the third reading, thinking it
only seasonable that the government should have the time it
asked for in order to consider what course it would be ulti-
mately advisable to pursue.

Captain PECHELL supported the amendment.
Mr. BORTHWICK supported the third reading, although
he was opposed to the principles of the poor law.
After some observations from Mr. C. WOOD and Mr.
BALDWIN.

Mr. tircm.r..)- read a letter from his neighbourhood, in
reply to the i:10 ueotul by Sir 11. Peel on a former evening,
and professed his site re desire to state nothing in that house
which he was not confident to be strictly correct.

Captain Pomum, supported the bill, and
Mr. COBDEN supported the amendment.
Mr. WAKLEY took an opportunity of explaining his mo-
tives for continuing on the ministerial side of the house.
The whigs he looked upon as destroyed as a party, and as he
sincerely hoped they would never rise again, he saw no rea-
son for goin.. to the other side of the house. The struggle
should he between the aristocracy and the democracy of the
country, and not between the two parties of the aristocracy,
making tools of the people between them.
The house then divided, and the third reading was carried
by a majority of 133 to 18.
The house then adjourned till the following day.