in the country. He believed that, through the son, it was intended to inflict a wound upon the father;

Col. EVANS wished to ask to whom the gallant Colonel alluded when he used the word conspiracy.

presented should not be read at length. The this subject the character of the persons conpetition presented by the honourable Member cerned, and the character of those who signed for Middlesex was said to come from Win- the petitions, would be borne in mind. He chester, but he (Mr. Baring) having carefully believed that the whole would be found to be read it over, was at a loss to believe it was a conspiracy, not so much to inflict injury on sent to that House by the inhabitants of that the person against whom it professed to aim, city, for he asserted most distinctly, that the but on one of the most liberal, most enlightenpetitioners committed the most marked mis-ed, able, and excellent men in that House, or takes in their statement of the circumstances of the case. They stated in distinct terms, that Mr. Walter Long, a magistrate, bad put the handcuffs on Deacle, when the fact was, that that gentleman not only had not done so, but actually was not present at the time of the transaction, having been otherwise engaged in a part of the county several miles distant from the place where the whole affair took place. He wished the honourable Member had read the petition before he presented it, if he -wished, as he professed to do, that justice should be done to the parties concerned. The petition now presented by the hon. Member for Winchester was signed by all the people of the first respectability in the place the merchants, bankers, the clergy, and all the persons connected with the college there, while he would defy any one to say that there were more than six respectable shopkeepers among those who had signed that presented by the hon. Member for Middlesex.

Mr. HUME said he was not bound to answer for the condition of the life of the persons who signed the petition: he believed them to be respectable.

Col. EVANS said, that if the statement of the hon. Member for Thetford was correct, it only showed that the farmers signed the petition in favour of their brother-farmers, while the gentry and clergy signed that which was in favour of the man in a superior class of -life.

Sir T. BARING asserted that the petition in favour of Mr. Bingham Baring was signed by persons of all classes.

Colonel TRENCH said, certainly not to the gallant Colonel who had stated, and stated truly, that he had no connexion with the matter, except so far as his public duty as a Member of that House went. He (Colonel Trench) was not bound to say to whom he did allude; and he did not wish to do so, as the persons to whom he might allude had not the power to reply to what a member said in his place in that House.

Mr. HUNT said he had a petition on this subject also, praying for inquiry. He believed that there was a conspiracy-but it was a foul and a gross conspiracy against an unoffending man and woman.

Mr. BARING, with respect to what had been said as to the signatures of the farmers and of gentlemen, wished to observe, that the petition presented by the hon. Member for Winchester had been shown to the farmers assembled there, at a dinner on the market-day, and that they signed it without an exception.

Mr. HUNT presented a petition from "The undersigned on behalf of the North-western branch of the Metropolitan Union, assembled at a Meeting at the Bazaar Coffee-house, Castle-street, Oxford-street." It was upon the same subject as the other petitions, and prayed for an investigation.

An objection was taken, that as the petition Sir C. WETHERELL thought that the gallant was only signed by certain persons, it must Colonel had been guilty of an injustice in the be taken as their petition, and not as that of a aspersion he thus levelled at the petitioners, body on whose behalf it appeared to be signed; whose petition had just been presented, and and it was further objected, that as the persons many of whom he (Sir C. Wetherell) knew to signing it did not appear to be members of the be men incapable of being guided by any feel-body, or to have been present at the meeting, ing of the kind, and to be only desirous of for- it could not be received at all. warding the objects of truth and justice. He hoped the gallant Colonel would withdraw his observation.

Mr. HUNT at first expressed his determination to leave the petition in the hands of the House, but after a few remarks from Sir R., Col. EVANS could not withdraw the observa-Peel, Mr. James, Mr. Strickland, Mr. Knight, tion, for he had not made any that cast an Mr. Estcourt, and Mr. O'Connell, he agreed to imputation on any one. He only thought it withdraw it. probable that persons of each class were likely to feel a favourable bias towards those of their own class.

Col. TRENCH asserted that this was only a repetition of the imputation to which his hon. and learned Friend objected. The petition presented on behalf of the Deacles was weil drawn up, drawn by a clever and skilful hand, and calculated to raise a great prejudice against the magistrate whose conduct was in question. He hoped that in the inquiry upon

Mr. HUME presented two petitions for inquiry into the case of the Deacles, from High Wycombe and Lowth.

Mr. O'CONNELL mentioned that he had received a letter from Mr. and Mrs. Deacle, suggesting that the ends of justice would be better obtained if the motion of the hon. and gallant Member (Col. Evans) for a committee were postponed until Thursday.

Colonel EVANS professed himself ready, as an individual, to consent to the postponement.

Mr. J. CAMPBELL objected, on the ground that it would injure the cause of the parties accused.

Lord ALTHORP took the same view and adverted to the situation of pain and difficulty in which he felt himself placed by the intended motion for inquiry.

Mr. J. CAMPBELL added, that the accusing parties had already had ample time.

Mr. O'CONNELL suggested that it did not depend upon the will of the House, but merely upon the wish of the hon. and gallant Member whether the intended motion should be deferred. It was a question of great importance whether it was to be permitted that English Magistrates should with impunity conduct themselves in a manner similar to the mode in which Irish Magistrates were accustomed

to act.

England. (Hear, and laughter.) No man had been more accused thau himself, and he could therefore bear such charges now with equanimity, and even with good humour. He recommended the hon. and gallaut Member not to bring forward his motion this evening.

Colonel EVANS said, that'uuder all the circumstances, he could not refuse to move at once for the appointment of a Committee. (Cheers.) The word "conspiracy" had been bandied about most unwarrantably, and he held it nothing less than an insult to suppose that he or others had been concerned in getting up petitions on this subject. (Hear, hear.) He knew nothing of the case but from the public prints, and he had purposely kept clear of all ex parte information. He had grounded the steps he had taken in Parliament upon the facts as they appeared at the trial, and upon the contents of the letter of Mr. Bingham Baring, which had not been proved, and which were in opposition to the evidence of the witnesses upon oath. He would not now go in detail through the facts, which were well known, but he thought that enough had transpired to induce the House to think that further inquiry was necessary for the assertion of its own privileges, as well as for the vindication of the Magistracy. He rested his motion upon the investigation into what had been called the Manchester massacre, and into the case of Mr. Kenrick, a Magistrate of Surrey, and a Welsh Judge. He concluded by moving for a Select Committee to inquire into the allegations contained in the petition of Mr. and Mrs. Deacle, respecting the conduct of certain Magistrates in Hampshire.

Mr. A. BARING observed, that whatever might be the opinion of the honourable and learned Member regarding the Magistracy of Ireland, it would be doing the grossest injustice to defer longer the proposed inquiry. He was perfectly satisfied in his own mind that there did exist a conspiracy to oppress individuals with the utmost cruelty, and he was sorry to see the hon. and learned Member becoming the tool of that conspiracy. In this respect he was at the mercy of the hon. and learned Member, or of any other Gentleman who chose to bring forward charges, and to support them by petitions from the dregs of any town. He hoped that the hon. and gallant member (Colonel Evans) would not defer the motion for a committee to inquire into the facts, under the pretence that new documents were to be produced, but in fact merely for the purpose of keeping up the prevailing ex-the minds of the public would never be satiscitement.

Mr. O'CONNELL rose with obvious heat. He had never in his life, he said, been assailed in a more brutal manner. (Cries of "Order, order!" and "Chair, Chair.")

Sir R. INGLIS called upon the Speaker to decide whether it was at all consistent with the usage of Parliament that one Member should charge another with having assailed him in a brutal manner? (Hear, hear.)

Mr. LEFEVRE (we understood) thought that

fied until the charges of the petitioners against his honourable Friends should have been investigated by a Committee of that House. It was impossible that the conduct of those Magistrates could be justified otherwise than by showing what was the state of the country at the time of transactions respecting which the petitioners complained. (Hear.) He admitted that there was one part of the conduct attributed to his honourable Friends, which Mr. O'CONNELL admitted at once that he nothing could justify but resistance on the part had used a hasty and an indecorous expres of the persons arrested. He meant the handsion; he regretted it, and withdrew it; but cuffing of Mrs. Deacle. But, after a careful considering the sort of charge brought against examination of all the conflicting testimony him, it was not extraordinary that he should that had been brought forward on the subject, feel warmly. He did not identify himself it was his entire conviction that that proceedwith any of the parties; but he saw Govern- ing was the act of the constable himself, withment and wealth arrayed on one side against out any instructions or authority from Mr. the innocent and oppressed; and whatever might be the result of the motion for inquiry, he told the people of England that the matter should be investigated; the hypocritical pretence of courting inquiry on one hand, and crushing it on the other should not succeed. Hitherto the Deacles had not possessed a zealous advocate, but now they had one who would take care that justice was done them. As to conspiracy, he had had enough to do with Irish conspiracies not to meddle with those of

Francis or Mr. Bingham Baring. (Hear, hear.) Upon the whole, he thought that the public had dealt unfairly with his honourable Friends, in giving to Mr. and Mrs. Deacle the benefit of their acquittal at the Assizes, and refusing to allow to Mr. Francis Baring the benefit of his actual acquittal, in the action for damages, or to Mr. B. Baring the benefit of his virtual acquittal, for such the verdict of merely nominal damages must be considered. (Hear.) He thought, that under all the cir

cumstances, the House ought to give his hon-thorp) had himself moved for the Committee ourable Friends an opportunity of setting on that occasion. But there was no parallel themselves right with the public, by the in-between the present case and that. The transvestigation of a Select Committee; and he action in Manchester was one of such inagshould therefore second the motion.

nitude, such enormity (hear), and the conduct of the magistrates appeared to him to be so unjustifiable, as to call for an investigation by a Committee of the whole House. (Hear, hear.) In the case of the petitioners, the conduct blamed was that only of an individual magistrate; and, therefore, not thinking that a Select Committee was a proper tribunal before which that conduct should be tried, he felt bound to oppose the motion.

Lord ALTHORP said, that when on a former evening he stated his intention to oppose the motion of his hon. and gallant friend (Col. Evans), he did so with considerable reluctance, because he thought it probable that his taking that course might prejudice the parties accused. (Hear.) He felt so much doubt as to the course which he ought to take, that he had consulted others, for whose judginent he had much deference; and upon the best conLord EBRINGTON felt great regret at being sideration he had come to this conclusion; obliged to oppose the motion; and the more that it would not be consistent with his duty so, as he had had a communication that day to vote for the Committee. He pledged his with Mr. B. Baring, who was most desirous honour that he had come to that determina- that the inquiry should be gone into. But he tion without any communication with the did not think that any person who had not hon. Member for Thetford. (Hear, hear, from been convinced by the clear and satisfactory an hon. Member of the opposition side.) He statement of his hon. Friend the Member for made that assertion upon his honour as a gen- Portsmouth, would be convinced by the evidence tlemau. (Hear, hear.) He opposed the mo- taken before a Committee, especially as that tion with great unwillinguess, because he had evidence would not be given upon oath. (Hear.) a high esteem for the hon. Member for Ports- If all questions like the present were to unmouth, and it gave him pain to do any thing dergo an investigation before a Select Com which might have the effect of preventing that mittee, every hon. Member must perceive that gentleman from setting himself right in the the greatest inconvenience would be the con estimation of the public. But considering the sequence. He, therefore, felt it to be a matnature of the investigation for which the Com-ter of public duty to oppose the motion, mittee was required, and how little it was Mr. HUME had hoped when the noble Lord likely to give satisfaction to the public, he (the Chancellor of the Exchequer) pointed felt that it was inexpedient to go into it. As out the difficulty of meeting the wishes of the to Mr. and Mrs. Deacle, they had had their petitioners and of tlie accused magistrates by option to proceed against the magistrates, investigating the subject in a Select Commiteither by a criminal information or by an ac-tee, that the noble Lord would not have contion for damages, and they chose the latter course. Upon the trial it was proved that acts attributed to Mr. Francis Baring had been done by Mr. B. Baring, aud that the former gentleman, instead of having acted with harshness, had treated the petitioners with great humanity. (Hear, hear.) But in the petition which it was now proposed to refer to a Committee, the whole weight of the imputations was thrown upon Mr. F. Baring, contrary to the evidence given upon the trial. That appeared to him to give good reason to believe that the accusations against Mr. F. Baring were wholly unfounded. (Hear.) If the persons accused were not Members of that House, would it be said that the House ought to inquire into their conduct by a Select Committee (Hear.) Was every such complaint against individual Magistrates to be brought before that House, and tried by a tribunal, the decision of which, as every gentle man must know, would not give satisfaction; as many people out of doors would suppose that the Committee could not be impartial? He hoped and trusted, therefore, that some other means of arriving at the truth of those transactions would be found. As to the case referred to by the gallant Member behind him (Colonel Evans), in which the conduct of magistrates was made the subject of inquiry by a Committee of the House, he (Lord Al

cluded without pointing out the course by which a satisfactory conclusion could be ar rived at. (Hear.) It was not for the sake of Mr. and Mrs. Deacle that he (Mr Hume) so much desired the whole of those transactions to be fully inquired into, but for the satisfaction of the public, in whose minds there was a strong impression that in this case justice had not been done. (Hear.) He admitted that the statements of the two parties were very much at variance, but there were no allegations of either party which were not open to proof. In presenting petitions upon that subject, when it was first mentioned in the House, he had been satisfied to wait until he should see whether a satisfactory inquiry would be had in the Courts of Justice. But as that had not been the case, he could not see the justice of refusing the fair inquiry which was called for by both parties. He could not allow himself to be set down as one of a conspiracy for the course which he had thought it his duty to follow, and he would assure the hon. Member for Thetford, that it was not his practice, as that hon. Gentleman had asserted, to bring up petitions from the dregs of society without regard to truth. He was sure that the hon. Gentlemau had been betrayed into those expressions by the irritation of the moment, and that he would take the first opportunity of retracting them. (Hear.) When the petition

which he (Mr. H.) had that evening presented were acquitted at the assizes, and they pro. was put into his hands, his first inquiry was, ceeded by action against the magistrates. whether the allegations contained in-it were The trial then took place; or, in other words, capable of proof. He was answered that they the Jury having thought that the assault were capable of proof; and more, that the against Mrs. Deacle was made out, gave such proof was at that moment ready to be pro- damages as they thought would meet the case. duced. In that petition the magistrates were These proceedings having taken place, he charged not only with unjustifiable harshness, really could not see why that House ought to but with subornation. (Hear.) He did not be turned into a Court of Appeal. It was said, see in what way injury could be done by the he knew, that both parties were desirous that inquiry which was demanded; and he thought a further investigation should take place; but, that when the noble Lord (Althorp) opposed as far as he was able to foresee, he thought the Committee, he ought to have been pre- that neither side could gain any-thing by such pared to suggest a better means of inquiry. As an event. It was also said that there were the noble Lord had not done so then, he (Mr. precedents to justify such an interference on H.) was driven to adopt the best mode which the part of the House of Commous; but he ke could obtain. If his Majesty's Ministers must confess that those which had already were desirous to maintain the character of the been mentioned did not appear to him to bear magistracy, they ought themselves to be the any resemblance to that which was now before first to go into the inquiry. It was not the them for consideration. With respect to the character of the Messrs. Baring alone that was Manchester case, that was very different. involved, but that of the whole magistracy of What had taken place there was on a very Hampshire; and although the question had large scale; besides which, the yeomanry not been made personal, and Mr. Bingham were thanked by the Government for what Baring was one of the accused, yet he was they had done, which circumstance of itself not the only one accused. (Hear.) There rendered it imperative on those who thought was one fact which had not been denied-that that the yeomanry had misconducted thema female had been hand-cuffed without any up-selves, to bring forward a specific motion on pearance of resistance to excuse such harshness; the subject in that House, and to demand that but if the allegations were wholly groundless, inquiry should take place. The case of Mr. he thought that when they had made such an Kenrick, which had also been mentioned, apimpression upon the public mind, it was in-peared to him to differ materially from that of cumbent upon his Majesty's Ministers to go Mr. and Mrs. Deacle; for in the former, into the inquiry for the satisfaction of the though it was a magistrate that was implicated, it ought also to be remembered that he public. The ATTORNEY-GENERAL thought that the was likewise a Welch Judge, and that there House must have been gratified by the tone was no mode of getting him removed from of moderation in which the hon. Member for that office in the event of misconduct, but by Middlesex had supported the motion, and must an address to the crown. Another argument feel that the excuse which he had found for that had been made use of in favour of the the hon. Member for Thetford was creditable inquiry in this case was, that it had made a to himself. (Hear, hear.) As to the proposed great impression on the public mind, and that inquiry, he (the Attorney-General) thought it ought therefore to be publicly investigated; that it must turn, not altogether upon the alle- but that impression appeared to him to be now gations of the petition, but in a great degree rapidly subsiding; and he thought that inquiry, upon the state of the country at the time when therefore, so far from doing good, would only those transactions took place. It was to be give rise to still further excitement, at a time considered that at that time no man could feel when, if left to itself, it would entirely dis himself safe, and that depositions (whether appear. Taking all the circumstances of the true or false) had been made, deeply implicat- case into consideration, he must contend, ing Mr. and Mrs. Deacle in the proceedings of that no ground had been made out for taking the rioters. An hon. Member behind him had this inquiry out of the hands of a Court of censured Mr. Justice Taunton (who presided Justice. It appeared to him that to do so at the trial) for censuring the conduct of the would be giving a premium for bringing formagistrates in attending to see their warrant ward a succession of such charges as these. executed. Certainly, in ordinary cases, it was (Hear, hear.) If this attack upon Mr. Deacle better that magistrates should leave the exe-had taken place during times of ordinary peace cution of their warrants to the constable; but in times of such greatexcitement and danger, he (the Attorney-General) could not concur with the learned Judge in censuring the magistrates for taking the trouble to see that the warrants were executed, and that the constable was not interrupted in his duty. He considered a Committee of that House a tribunal the least calculated that could be devised for attaining the ends of justice in the present case. The persons arrested under such circumstances

and tranquillity, it would, perhaps, have been advisable to have investigated the question; but, when they remembered in what stirring and excited times these circumstances had taken place, he thought that to institute such proceedings would be putting an undue check upon the vigilance and activity of magistrates. (Hear, hear.)

Mr. D. W. HARVEY was surprised at the course adopted by his Majesty's Ministers, upon this occasion. He wondered how they

could consent 'to allow a case of this impor- and gallant Friend, on reading the newspaper tance, affecting, as it did, the conduct and report of the trial, and the stringent remarks character of the magistracy generally, to pass made on it by the press, determined to bring without notice and without inquiry. It was it before the House on his own responsibility impressed strongly on his mind, that those who It was not until hon. members had discharged were accused of misconduct in this case, had, the fire of their artillery upon these indivion the first mention of it to the House, in-duals, who were unknown in that House, and vited hon. Members to suspend their judg-without any relations, friends, or political asment until they had taken legal measures to sociates to defend them, (hear, hear), it was challenge that verdict of which the effect was not until characters had been whispered away, to strengthen the imputation which the in- and their witnesses had been traduced as quiry at the trial raised against them, He guilty of perjury, and the jury which gave also recollected the statement made by an them a nominal compensation had been hon. and learned gentlemen, who had been charged with partiality, that Mr. and Mrs. professionally engaged in these transactions, Deacle felt themselves called upon to make, and who, in commenting on the trial, had in their petition, a full disclosure of the inasserted that the defendants were taken by jury which they alleged that they had suffered. surprise by the turn of that trial and by the He had read their petition through with great evidence produced against them. He had attention. He would not say what credit he likewise not forgotten the declaration of the was inclined to give to the statements which hon. Member for Portsmouth, that they in- it contained; he would only say, that they tended to move tor a new trial as soon as the appeared at least to require investigation. Stilk courts were re-opened in Westminster-hall. the case was not, as he said before, a mere` Now, however, it turned out that the defend- case between Mr. B. Baring and Mr. and Mrs. ants did not intend to venture upon any further Deacle; but it was a grave case between the judicial proceedings. He did not find fault magistracy and the unprotected people of with them for adopting that resolution. No Eugland. (Hear, hear.) For it had been doubt they had been ably and judiciously ad-gravely stated, that not only Mr. and Mrs. vised. He agreed with the hon. Member for Deacle, but also 200 or 300 of the peasantry of Hampshire, that considering the opulence of Hampshire had been carried hand-cuffed to Mr. B. Baring, the verdict on the trial at prison. Indeed, it had been gravely argued Winchester, was a mere nominal verdict. that no hardship had been suffered by Mr. and He supposed, therefore, that his legal adviser Mrs. Deacle in this respect, inasmuch as it had told him either that that verdict would had been suffered by so many others. For operate in his favour as an acquittal with the his own part he would say, that as Mr. Deacle public, or that he was very lucky in gainiug was a gentleman of rank and education, the a verdict with such small damages, and in defendants had a right to take some credit to having it tried in Hampshire, where his in- themselves for having administered the laws fluence was so great, instead of having it tried with impartiality, for it appeared they had in some county where he must have met the hand-cuffed both the rich and the poor, the plaintiff on a footing of greater equality. He gentleman and the labourer, without the would not conceal from the House, that after slightest distinction of rank. He was surall the statements which had been made by prised to hear that it was a matter of trivial the opposite party, it was his opinion that Mr. importance that the magistracy of England→→→ and Mrs. Deacle, and all their witnesses, had hereafter to be an irresponsible magistracy, been most shamefully calumniated in that if such oppression as this were to remain unHouse. (Hear.) An hon. and learned gentle- noticed-should possess the power of placing man, who had once filled a high legal situa-irons on the wrists of unoffending individuals, tion, had even gone so far as to say that he had who when brought to trial were proved to be no doubt that all the witnesses had perjured not guilty. (Hear, hear.) He contended that themselves. It was not enough when the de- by law the magistracy possessed no such fendants in a cause met with defenders of the power: he contended that, even where parties first rank and importance in that House, and were guilty, it was contrary to the law and were fortified against all attacks by a family constitution of England, both in practice and of representatives ready to come forward at in theory, to subject them to this iron degra any moment in their behalf (hear), it was not dation, unless they presented resistance to the enough, it appeared, that they should have authorities in whose custody they were.. the benefit of such a defence, but they must (Cheers.) It was against this that the people also have every assistance which could be af- of England raised their protest; it was against forded them by charging the jury with par- this assumption of arbitrary and irresponsible tiality, and by accusing the witnesses of per-power that they had in all quarters of the is jury. (Hear.) But in his opinion, Mr. and land given expression to their indignation, Mrs. Deacle had little to do with the grave (Hear.) He had heard with the same indigquestion which was then before the House. nation as his hon. Friend the Member for That was evidently the opinion of his hon. and Middlesex, that the charges brought against gallant Friend, for he had submitted their case the Messrs. Barings in that House were the to the consideration of the House long before he result of a dirty conspiracy. He was not conreceived any petition from them. His hon.scious of the existence of any such conspiracy;