Page images
PDF
EPUB

missed. these institutions led to the increase of knowledge; and that, in fact, knowledge among the lower orders was increasing ten-fold, aye, a hundred-fold, every year. He had already told his majesty's ministers that he agreed to a part of their propositions. As to that under their lordships consideration, he protested against it in toto. He would tell them openly, candidly, and manfully, why. On an examination of the papers on the table, he saw that ministers were not ignorant of the state of the country, when parliament was prorogued in July last. If so, he put it to their lordships, whether it was consistent with the public tranquillity to allow them to separate? Referring "Because the fear of being subjected also, to the various public libels which for to the punishment of a common felon, so many years had remained unprosecuted, thus suspended over the head of any he maintained that ministers had not person who may have been once conproved that they had made any one at-victed of publishing a libel, to which tempt to punish a libeller which had not succeeded. Until he was convinced that they had undertaken all they might have undertaken, he would resist additional powers. If the present grievance was attributable to the neglect of government, in the use of the powers already in their possession, he was the last man who would encourage neglect by granting an increase of power. He had stated his opinion on the present as he had done on other questions, with deference, and he trusted with the courtesy which was due from one nobleman to another.

There could be no doubt that | Public Accusers, of Judges and of Juries, be thought deserving of punishment; and thus the author or publisher of any writing, dictated by the purest intentions, on a matter of public interest, without any example to warn, any definition to instruct, or any authority to guide him, may expose himself to the penalty of being "banished from the United Kingdom, and all other parts of his Majesty's dominions, for such term as the Court, in which such conviction shall take place, shall order; or be transported to such place as shall be appointed by his Majesty for the transportation of offenders, for any term not exceeding seven years."

The bill was then read a second time.

PROTEST AGAINST THE SECOND READING OF THE BLASPHEMOUS LIBEL BILL.] The following Protest was entered on the Journals:

" Dissentient,

"Because we believe, that by a seasonable exertion of the laws, as they at present exist, the Press cannot be abused to any bad purpose, without incurring a suitable punishment.

"Because any extension of the power of punishment now vested in the Courts of Law, with respect to cases of Libel, appears to us, therefore, to be unnecessary.

"Because the offence of publishing a Libel is, more than any other that is known to our law, undefined and uncertäin. Publications which at one time may be considered innocent and even laudable, may at another, according to circumstances, and the different views of

mere inadvertence may subject him, and against which no degree of caution can afford him complete security, must necessarily deter him from the fearless exercise of the right, which has hitherto been the proud prerogative of Englishmen, of freely discussing public measures, and endeavouring to warn his countrymen against the dangerous encroachments of power.

"Because this Bill, therefore, so inconsistent with the policy of our law, and with the practice of our ancestors, appears to us to be a most dangerous invasion of the just freedom of the Press, and to be subversive, in one of their main defences, of the rights, and liberties which were secured to us by progressive struggles through a long succession of ages, and at length asserted, declared, and as we had fondly hoped, firmly established for ever, by the Revolution of 1688. (Signed) GREY.

[blocks in formation]

JERSEY.
MINTO.

YARBOROUGH.
LANSDOWNE.
CowPER.

LAUDERDALE.

ROSSLYN.
CLIFTON (DARN-
LEY).

SEIZURE OF ARMS BILL.] The bill went through a committee. On the question, that the report be received,

not feel himself justified in neglecting to take the step that he had taken from affection to his family, whose wishes he was obliged to consult. That the principles of reform were widely diffused in that country, he could not deny that the Ra

Earl Grey rose to express his sentiments upon the bill. He objected to it not only as it stood part of an obnoxious system, but as being in itself uncalled for and dangerous. It conferred upon the magistrate a power of breaking open houses by night or by day-a power whichdical Reformers were numerous, he bewas liable to great abuse, and which might be dangerous in the execution of the means employed to carry it into effect, while it would be perfectly inefficient for the purpose for which it was intended. He objected to it likewise in principle. It was a principle of the law of England, asserted and declared in the Bill of Rights, that every man was entitled to the possession of his arms, not only for defence against the assassin or the midnight robber, but to enforce his constitutional right of resistance to oppression, if deprived of the benefit of the laws. He was anxious to express this constitutional view, as that right had been asserted and recognized at the period of the Revolution, and had been too much lost sight of since. He could not, therefore, surrender it, without the most urgent necessity; and he saw no grounds of necessity established. It had, indeed, been said, that arms had been provided for the purposes of insurrection and rebellion; but the papers on the table, which contained the only information on which he could proceed, stated nothing precise or satisfactory on the subject. Where any thing specific was stated, he found that it related to a few pikes, which had been fabricated at the desire of the persons who gave the information. On such a ground he could not surrender an essential right of Englishmen. But the scanty statements contained in the papers had been attempted to be completed by the accounts that were heard in the House. Arms, to an extraordinary extent, were said to be made and distributed in the part of the country with which he was connected; and a near and dear relative of his, it was added, had been obliged to leave his home from the fear of an armed insurrection, and to retire with his family to Newcastle, as a place of safety. That his relative had left his home he could not deny; whether from a misconceived alarm, would best appear from what he had to state. His relative had since written him a letter in which he said that the alarm was false; that the reports of the state of the country were exaggerated; but that he did

lieved; that their attempts to carry Radical Reform into execution would be zealous, he likewise believed; and that they had divided themselves, as had been represented, into different sections, for the purpose of receiving information and communicating with each other, was also true. The numbers were differently stated; but that they were very numerous, was a fact from which he could not withhold his belief. Admitting all this, however, he was prepared to say that much exaggeration had prevailed on the subject. The House had been told that a meeting took place at Newcastle, which was attended by 30,000 people; but the whole population of the place did not consist of more than 28,000. Allowing for the numbers that came from Shields and other places, he had been informed, that not more than 7,000 or 8,000 attended the meeting, and that they dispersed without the least disturbance. The noble duke (of Northumberland) had spoken much about arms the other day. Now with respect to arms, it ought to be recollected, that great numbers of people in the neighbourhood of Newcastle, possessed arms, without any reference to the purposes of insurrection; that many of them had received them during the war, and had retained them afterwards. But that any arms had been made for present purposes he was enabled to deny. With respect to the number of men prepared for insurrection, it had been said by a noble duke, that 100,000 were ready to rise in arms between the Weir and the Tyne; but the whole population of Northumberland and Durham would not furnish 100,000 adult males. This was a proof of the great exaggerations that had gone. abroad. He did not wish to deceive their lordships; he believed that reform was demanded by a great body of the peoplenot by the poor and the distressed alone, but by the middle classes of society, possessed of competence, disposed to industry, and capable of discussing public measures. He would entreat their lord-, ships, therefore, to consider, whether measures similar to the present were likely

to operate upon them, and to reconcile them to the want of that reform, of the necessity of which they might consider those measures the best proof. He must pause before he gave his assent to a statement which said, that by being Radical Reformers, or sharing doctrines held by the late duke of Richmond, they necessarily aimed at the subversion of society, and a division of property. He had heard, indeed, that the duke of Northumberland's tenants, whom he assembled at Alnwick for the defence of the county, had, in the wantonness of festivity, talked of the division of his property. He only stated this to show how reports might spread; and if this one was unfounded, it was likely that many others on the opposite side were as unfounded. The bill before the House, he was convinced, would be entirely nugatory and inefficient, while its enforcement must be very vexatious. Its provisions had been many days before the public already; it would still be some days before that House, some days in the other House, and some days might intervene before it received the royal assent. Would the persons who possessed arms which it would authorize the magistrates to seize, be such idiots as not previously to have disposed of them? With regard to them, therefore, it would be inefficient; with regard to others it would be oppressive and irritating. He would appeal to those who knew Ireland, whether the irritation of that country was, not, at the commencement of the rebellion, more fomented by the search for arms than by any other measure.

The Earl of Strathmore was unwil

ling to trespass upon the attention of their lordships, but he felt it necessary to say a few words in answer to the ingenious arguments used by the noble earl who had just sat down. He had often given that noble earl his due tribute of praise and admiration for the great abilities which he had displayed on various occasions, but he had lived long enough to know, that there was no argument like matter of fact. The noble earl had stated that his brother had left his abode through a false alarm, but that he had again returned to it. He could assure their lordships that there was more cause for such a removal at present in that part of the country, than at any previous period. He had that morning received letters from two magistrates of the county of

Durham, which contained alarming accounts of the state of the country. Here the noble lord read the letters. The first stated, that in consequence of the enclosed letter from colonel French, the writer felt it his duty to apprise his lordship, as lord lieutenant of the county, that the military force was to be held in readiness to be called out, and that his lordship's cavalry were to form part of that force." These letters were signed Abel Askew and J. Collison, and dated December 3rd 1819. It was hardly necessary after this, to say that simultaneous meetings were to be apprehended, and that the town was not in danger. Another letter was read by the noble lord, in which the magistrates were directed to be in readiness, and to keep the yeomanry ready to act on the shortest notice. If this was not sufficient to open the eyes of their lordships to the danger which threatened the country, he knew not what was. The noble earl had stated, that the object of these people was only a reform of parliament; now he, from the best information he could receive, was convinced that their object was nothing short of open rebellion. He had reason to suppose that a great portion of the inhabitants of that and other districts were ripe for the purpose. He was a good deal interested in that part of the country, and had the earliest and best information of what was passing. In one letter he was informed, that the principal object of the reformers was plunder-that out of 15,000 persons, 14,500 might be said to have no other object than plunder and the division of property. The noble lord mentioned the names of Mackenzie and Marshal, as two persons who were venders of seditious publications. He was aware that in the districts alluded to, as well as in several others, arms were procured to an alarming extent, not, as was stated, for the purpose of poaching, but for the furtherance of far more dangerous objects. He had this information from a source, which if the noble earl knew, he could not doubt; but he could not mention that source, as, by doing so, he should expose an innocent individual to assassination. He hoped that no time would be lost in passing this bill through the House, as upon it, and the other measures to be introduced, depended the safety of the country. An insurrection was to be dreaded, and if it took place, God knew what would be the consequence! With

he

ships. The amendment of the noble lord could not be pressed now, the bill having been already perfected in its present stage. The noble lord, however, might move his amendment on the third reading

to-morrow.

respect to what had been said of the state of the country between Newcastle and Carlisle, he could give no opinion, as was not so well acquainted with that part of the country. No doubt the noble duke who had made that statement would explain it. He trusted their The Lord Chancellor said, that as far lordships would believe, that in the part as he could judge, the clause to which the which he took on this occasion, he was noble lord alluded, had been read in an auactuated by no other motives than a sin-dible voice. His lordship, however, had cere feeling for the state of the country. His sole wish was to co-operate with those who exerted themselves for the safety of the state. God forbid that, to use the words of the poet, it should be said, "Si mens non leva fuissit Anglia nunc stares."

The Duke of Northumberland had been informed by those who were convinced of the fact, that there were 100,000 men ready to act between Newcastle and Carlisle, and that arms to a considerable extent had been purchased by different individuals.

still the opportunity left him that was suggested by the noble secretary of state, of moving his amendment upon another occasion.

The report was then agreed to.

PROTEST AGAINST THE SEIZURE OF ARMS BILL.] The following Protest against the bill was entered on the Journals:

"Dissentient,

"Because the right of having arms for their defence, suitable to their condition and degree, is secured to British subjects Earl Grey said, in explanation, that by the ancient laws of these realms, is de there was no man who had a greater ob-clared to be so by the Bill of Rights, and jection to the radicals than he had, but yet he must have regular proof before he could believe that there was any dangerous plan afloat to subvert the constitution of the country.

The Earl of Darnley said, that during the discussion of the bill, he had more than once expressed his dissent from the clause which authorised the searching for arms" by night." He had admitted, that in the present state of the country, some measures of security were necessary, but he must still protest against the clause, and he thought he was so well understood by their lordships, that when the clause to which he alluded was read, his amendment that it should be expunged would have been discussed. It was with surprise he now heard all the proposed alterations gone through, but still the clause to which he alluded remained part of the bill. He would not undertake to say, that the clause had been read distinctly, but it certainly was not read with an audible voice; At least he did not hear it. He should therefore now press his previously intended amend ment, that the clause authorising search for arms by night be omitted.

Lord Sidmouth said, that the noble lord was mistaken as to the manner in which the bill had been read. It had been done in an audible voice, and seemed to have been perfectly understood by their lord (VOL. XLI.)

is, in the words of Mr. Justice Blackstone, "a public allowance of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression.

"Because no sufficient evidence has been laid before the House to prove

that arms and weapons of various sorts have in various parts of the kingdom been 'collected, and are kept for purposes dan

gerous to the public peace." We doubt the fact, and we distrust the remedy. If arms have really been procured for such illegal purposes, the persons engaged in these criminal designs, will have had ample notice, before this bill can pass, to remove them to places of concealment. Whilst this power, therefore, is likely to be in a great degree inefficient with respect to its professed object, it is liable to be most im periously and vexatiously used, in cases where arms may have been provided and kept for the legitimate purposes of selfdefence.

"Because in former periods of much greater danger to the crown and constitu tion of these realms, when conspiracies by the adherents of the house of Stuart were known to be directed against both; when preparations were making for rebellion with the assistance of France; when men of the highest rank, station, and influence in both kingdoms were deeply engaged in (3 C)

these designs; nay, during two formidable rebellions in 1715 and 1745, no such power was granted to the crown; yet the new line of succession was defended, and our free constitution successfully maintained against all these dangers. The principles of the Revolution had been too firmly imprinted in the hearts and minds of our ancestors, to allow them, on the spur of any emergency, however alarming, to hazard the existence of a right which they had so recently asserted.

"Because this law is, in its very nature, peculiarly liable to abuse. Interest, credulity, malevolence, revenge, party violence, and indiscreet zeal, may, equally with a sense of duty, contribute to call it into action; and the powers given for its execution, of breaking, either by day or night, into any house or place where information may have been received that arms are kept for illegal purposes, must unavoidably expose the persons and property of his majesty's subjects to injury and violence, which cannot be sufficiently guarded against by the provisions made in the bill for that purpose. This is not a mere apprehension. Experience proves that such effects may be expected from it. In Ireland, it is well known, nothing more contributed to irritate the people, and to provoke acts of private resentment and revenge, than the abuses which took place, and particularly the insults which were offered to women, in the exercise of a similar power.

"Because we further object to the enactments of this law, as part of a system which, in a season of unexampled distress and misery, rejecting every proposition for conciliation or concession, rests on force alone for the suppression of the prevailing discontents, and is calculated to give additional weight to an opinion, already too generally entertained, that parliament is more ready to presume against the people, and to enact laws for their restraint, than to attend to their just complaints, and to afford them that protection which they have a right to claim against every species of injustice and oppression.

[blocks in formation]

HOUSE OF COMMONS.

Monday, December 6.

COVENTRY MEETING-PETITION OF MR. LEWIS RELATIVE THERETO.] Mr. Peter Moore, presented a petition from Mr. W. G. Lewis, of Coventry, complaining of the interruption which had been recently given to a public meeting held in that town. The petition stated that a requisition, signed by six or seven hundred resident householders of Coventry, had been presented to the magistrates, desiring them to convene a public meeting for the purpose of taking into consideration the melancholy events which had occurred at Manchester. The mayor objected to the manner in which the requisition was worded, and refused to call a meeting for such a purpose. In consequence of this refusal, the requisitionists called a meeting on their own authority, and the mayor then objected to the place. Determined to avoid giving the constituted authorities any just ground of reproach, the requisitionists changed the place on which they originally intended to have held their meeting, to a green at some distance from the town, whereby they deemed it impossible for them to disturb the peace of the town. After all this caution had been exhibited on their part, they had not the slightest anticipation that any attempt would be made to interrupt their proceedings; but, to their great surprise, in the midst of them, a body of constables burst in, and endeavoured to destroy the harmony of the meeting. It appeared that the constables were not authorized by the mayor to make this interruption, but were merely sworn in to act if necessary. The hon. member said, he was at a loss to conceive why it was thought necessary to interrupt this legal meeting of the people. No doubt could be entertained of the loyal and orderly conduct of the people of Coventry. He had, in the course of the last session, occasion to present to the House a certificate from the mayor and magistrates of Coventry, bearing their testimony to the loyalty of the inhabitants. The petition, he said, prayed for an inquiry into the causes of the dispersion of that meeting, but after an inquiry had been refused in the case of Manchester, he had little hopes of having it granted in this.

Ordered to lie on the table, and to be priated.

« PreviousContinue »