The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-09-10 00:00:00

THE REPORT OF THE TOWN-CLERK.

The Town-Clerk reports to the Watch Committee that
he has obtained the joint opinion of Mr. Fitzroy Kelly,
Mr. Cowling, and Mr. Cardwell, upon the questions ari-
sing out of the proceedings of the justices with regard to
to the dismissal by them of constables, members of
Orange lodges, which opinion is herewith laid before the
committee. The Town-Clerk also lays before the com-
mittee the case submitted by him to the counsel; and he
feels it his duty to state that it was carefully prepared with
an anxious view to raise the questions impartially, and
that, in his opinion, it is impossible for the fairness of the
statement to be impugned.
(Signed) RICHARD RADCLIFFE.
Town-hall, August 28th, 1844.
The case is then set forth by the Town -clerk. The
questions it involves are stated to be, what are the powers
of the justices with regard to constables ? After reciting
the statutes under which both those authorities act, it re-
fers to the printed laws and ordinances of, and the evi-
dence taken before a committee of the House of Com-
mons, in 1835, on the Orange institutions of Great Bri-
tain and the Colonies. It then states that there were
seven constables known to belong to the Orange body in
Liverpool, and that, in consequence of the recent proceed-
ings by the magistrates, those seven men had resigned
their connexion with that body. It says that all the se-
rious disturbances of the peace which have arisen in Li-
verpool for the last ten years have proceeded from the
lower classes of Irish on the one side, and of the lower
classes politically and religiously opposed to them on the
other; that on some occasions within the last few years
these disturbances have required the full strength of the
police force, amounting to about 600 men, to maintain the
peace of the town ; that on every occasion within the last
eight years the peace has been maintained by the police,
without the actual aid of the military ; and that of late
years the mayor and magistrates have found it proper, in
due regard to the public peace, anxiously to discounte-
nance processions with flags and colours calculated to ex-
cite a breach of the peace, and to effect this to dissuade
societies from processions of any description. It then
goes on to state that the Watch Committee contend that,
not only the appointment of the constabulary, but the ma-
nagement and dismissal of them on general grounds, be-
longs to that body ; and that the justices insist that their
authority in dismissing is the same as that of the Watch
Committee. The opinion of counsel was, therefore, asked
upon the following points :—" First, supposing that the
seven constables, instead of resigning the Orange Institu-
tion, had refused to do so, could the justices in such case,
acting in all respects with due regularity in point of form,
have proceeded, in the exercise of their discretion, to dis-
miss such constables from the force ? Secondly, have the
proceedings of the justices, as far as they have gone, been
regular, and particularly in regard to the office and powers
of the Watch Committee ; if not, please to state in what
respects they have been irregular ? And, generally, you
are requested, for the future government of both bodies,
and of the council of the borough, acting indifferently be-
tween the two bodies, to advise what are the powers of
the Watch Committee. and what are the powers of the
justices, with reference to the appointment,
,regulation,
management, and dismissal of the constables?
OPINION OF COUNSEL.
Liverpool Justices and Watch Committee.
1. We think the Justices could not regularly or lawfully
have proceeded to dismiss from the police force the con-
stables in question, if they had refused to resign their
membership of the Orange Society, however objectionable
it might be, that persons charged with the preservation of
the peace should continue members.
2. We think that, by passing Mr. Bolton's resolution,
and communicating it through the head constable to the
parties, the Justices have acted in an irregular manner,
and have claimed to exercise a power not vested in them
by law. We think the statute 5 and 6 Wm. IV., c. 76,
has placed the Watch Committee in the situation of Court
Leet at Common Law, in regard to the appointment and
dismissal of constables, 2 Str, 798, and T. Jones, 212, and
that these powers, except so far as may be otherwise ex-
pressly provided by the act, are vested exclusively in them.
We think that, under S S, 77 and 80, the Justices have a
power of adjudication upon the conduct of constables in
the discharge of their duty, one part of which duty is a
compliance with the regulations directed in S. 77, to be
framed by the Watch Committee, and that, after such ad-
judication only (Str. 1050) have the Justices the power of
dismissal mentioned in these sections. We think that, as
no prohibition against belonging to an Orange Society is
included in those regulations, and as the tendency to oc-
casional breaches of the peace is too remote to be the sub-
ject of legal complaint, the being a member of such a so-
ciety constitutes no default in the duty of a constable,
cognizable by the Justices under the act, but is a consi-
deration, properly falling within the province of the
Watch Committee, to whom the general regulation and
management of the force belongs.
(Signed,). FITZROY KELLY,
J. COWLING,
EDWARD CARDWELL.
Liverpool' Assizes,, 23d Attitot, 1844.

Resolved,—That a copy of the report and opinion be
transmitted to the Mayor as, Chief Magistrate, by the
Chairman of this committee,. with a request that he will'
be pleased to lay the same before the magistrates.
Upon the motion of Mr. JAITES LAWRENCE, the pro-
ceedings were confirmed ; so also were the proceedings of
the Dock, Improvement, Markets, and Fire Committees.