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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 riglit with the public, by the in- between the present case and that. The transvestigation of a Select Committee; and he action in Manchester was oue of such inagshould therefore second the inution.
nitude, such enormity (hear), and the conduct Lord Alticorp said, that when on a former of the mayistrates appeared to him to be so evening he stated his'intention to oppose the unjustifiable, as to call for an investigation by motion of his hou. and gallant friend (Col. a Committee of the whole House (Hear, Evans), he did so with considerable reluctance, hear.). In the case of the petitioners, the conbecause he thought it probable that his taking duct blamed was that only of an individual that course might prejudice the parties ac- magistrate ; and, therefore, not thinkiog that, cused. (Hear:) He felt so much douht as to a Select Committee was a proper tribunal bethe course which he ought to iaké, that he fore which that conduct should be tried, he had consulted others, for whose judginerit he felt hound to oppose the motion. had much deference; and upon the best coll
Lord 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 Coinmittee. 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 withouť any communication with the did not think that any person who had not hon. Meinber 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 för made that assertion upon his honour as a gen-Portsmoutli
, would be convinced by the evidence tleman. (Hear, hear:) He opposed the mo taken before a Committee, especially as that tion with great unwillingness, 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 unmonth, and it gave him pain to do any thing dergo au investigation before a Select Com. which might have the effect of preventing that mittee, every hon. Member in ust perceive that gentleman from setting bimself right in the the greatest inconvenience would be the cone estimation of the pulilic. 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 inexpedieut to go into it. As out the difficulty of meeting the wishes of the to Mr. and Mrs. Deacle, they liad had their petitioners and of tlie accused magistrates by option to proceed against the magistrates, investigating the subject in a Select Commit. either by a criminat information or by an ac tee, that the noble Lord would not haye contion for damages, and they chose the latter cluded without pointing out the course by course. Upon the trial it was proved that which a satisfactory conclusion could be are acts attributed to Mr. Francis Baring liad rived at. (Hear. It was not for the sake of been done by Mr. B. Baring, and that the Mr. and Mrs. Deacle that he (Mr Home) so former gentleman, instead of having acted much desired the whole of those transactions with harshness, had treated the petitioners to be fully i:;quired into, but for the satisfac. with great liumanity. (Hear, hear.) But in tion of the public, in whose minds there was a the petition which it was wow proposed to strong impression that in this case justice had refer to a Committee, the whole weight of the not been done. (Hlear.) He adinitted that the iinputations was tlirown upin Mr. F. Baring, statements of the two parties were very much contrary to the evidence given upon the trial. at variance, but there were no allegations of That appeared to hini to give good reason to either party which were not open to proof. believe that the accusations against Mr. F. 1n presenting petitions upon that subject, Baring were wholly unfourided. (Hear.) Iff when it was first mentioned in the House, he the persons accused were not Ņembers of bad beep satisfied to wait until he should see that House, would it be said that the House ivhether a satisfactory inquiry would be had in ought to inquire into their conduct by a Select the Courts of Justice. But as that had not Committee (Hear.). Was every such cum- been the case, he could not see the justice of plaint against individual Magistrates to be refusing the fair inquiry which was called for brought before that House, and tried by a tri- by both parties. He could not allow, himself bunal, tbe decision of which, as every gentle. to be set down as one of a conspiracy for the man must know, would not give satisfaction; course which he bad thought it his duty to as many people out of doors would suppose fullow, and he would assure the hon. Member that the Committee could not be impartial for Thetford, that it was not his practice, as He hoped and trusted, therefore, that some that hon. Gentleman had asserted, to bring up other means of arriving at the truth of those petitions froin the dregs of society without retransactions would be found. As to the case gard to truth. He was sure that the hon. referred to by the gallant Nember behind him Gentleman had been betrayed into those ex(Colonel Evans), in which the conduct of pressions by the irritatin of the moinent, and, magistrates was inade the subject of inquiry that he would take the first opportunity of re. by a Committee of the House, he (Lord Al- tracting them. (Hear.) When the petition,
which he (Mr. H.) bad that evening presented were acquitted at the assizes, and they pro. was put into bis hauds, his first inquiry was, ceeded by action agaiust 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 monent ready to be pro- damages as they thougbt would meet the case. duced. In that petitiou the magistrates were These proceedings having taken place, he charged put 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 sucha 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 coufess that those which had already were desirous to maintain the character of the been meutioned 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 Mauchester 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 yeomaury not been made personal, and Mr. Bingham were thanked by the Goveráment 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 yeomaury had misconducted them. a female had been hand-cuffed without any ap. 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 Keprick, 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 implicatpublic.
ed, it ought also to be remembered that he The ATTORNEY-GENBRAL 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 iuquiry, 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) bad been made, deeply implicat case into consideration, he must contend, ing Mr. and Mrs. Deacle in the proceedings of that no ground bad been made out for taking the rioters. An hor. Member behind hina 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 for, magistrates in attending to see their warrant ward a succession of such charges as these. executed. Certainly, io 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 and tranquillity, it would, perhaps, have been in times of such
greatexcilementand danger, he advisable to have investigated the question ; but, (the Attorney-General) could not concur with when they remembered in what stirring and the learned Judge in censuring the magistrates excited times these circumstances had taken for taking the trouble to see that the warrants place, he thought that to institute such prowere executed, and that the constable was not ceedings would be putting an undue check interrupted in his daty. He considered a upon the vigilance and activity of magistrates. Committee of that House a tribunal the least (Hear, hear.) calculated that could be devised for attaining Mr. D. W. HARVEY was surprised at the the ends of justice in the present case. The course adopted by his Majesty's Ministers persons arrested under such circumstances upon this occasion. He wondered how they
could consent 'to allow a case of this impor- and gallant Friend, on reading the pewspaper 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 artillerý upon these indivi: on the first mention of it to the flouse, in- duals, who were unkuown 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, bear), it was challenge that verdict of which the effect was not until characters had been whispered away, to strengthen the imputation which the io. 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 cominenting 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. Still courts were "re-opened in Westminster-hali
. 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 veuture 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 thein for adopting that resolution. No England. (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 Hanrpshire, that considering the 'opulence of Hampshire had been carried hand-cuffed to Mr. B. Bating, the verdict on the trial at prison. Iudeed, it had been gravely argued Winchester, was a mere nominal verdict. ihat 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 that as Mr. Deacle public, or that he was very lucky in gainiug was a gentleman of rank and educatiots, the à 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 admiuistered 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 Jabourer, without the would not conceal from the House, that after slightest distinction of rank. He was suirall 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 hón: 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 degraany 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 iso 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 indigquestiou which was then before the House. vation as his hon. Friend the Member for T'hat 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 bon. scious of the existence of any such conspiracy;
but if it were supposed that by such taunts he thém. Several of the people who were tried, would be deterred from raising his voice on said, in their defence, that they were ordered bebalf of the injured and oppressed in that by Mr. Deacle to go to certain places to get House, those who used such taunts would find money. The Jujges too stated that there themselves grossly mistaken. As long as he were farmers who instigated the people, and had a seat in that House, he would always be deserved to be tried more thau the misled peaready to raise his voice in behalf of the poor, santry. The people themselves were much however much such conduct might displease aggrieved, and perhaps no class deseryed more those gentlemen whose arithmetic was puzzled pity than the agricultural labourers. They in counting their millions, and whose iminense had no criminality in their minds. They were fortunes were accumulated at the expense, goaded on by others. T'he verdict was good and almost by the destruction of, their poorer evidence, and it acquitted all the magistrates, fellow-countrymen. He would not vote for a exccept Mr. Bingham Baring, and he was only committee, if Government would point out condemned because he was said to have struck any other mode of inquiry into the circuma blow. The verdict of the jury was the safest stances of this case. He had not yet heard guide for the House. It was not the magisthat the Home Secretary had offered to receive trates who accused Mr. Deacle's witnesses of depositions upon oath, from both parties on perjury, hut Mr. Deacle himself. He wished this subject. If the Home Secretary would do it to be made out, according to his petition, that, truth might yet be elicited, and justice that the witnesses hail not deposed to the done between both parties. If some such truth. The hon. Member also animadverted measure were not grauted, he should be com- on the contradiction between the statements of pelled vote for a committee of inquiry, in Mr. Deacle's own witnesses and his own petispite of the inconvenience to which such com- tion. Mr. Bingham Baring, at a time of great mittees generally gave rise. He concluded danger, exerted himself more than any other by stating, that if such a committee were magistrate, and nearly lost his life by an atgranted, he should enter upon its duties with tenipt to resist a mob. That fact, which was à mind open to conviction, and influenced by much to his credit, had been laid hold of by a no other feeling than a wish to do justice im powerful writer who circulated his slanderous parti-illy between the two parties.
attacks throughout the land, who had for many Mr. BARING had had no intentiou of im-years spread poison throughout the country. puting anyimproper motives to the hon. Mem- This man had stated that he would ruin the her for Middlesex; and he was sorry that the Barings ; and to effect that object he continuhon. Gentleman should have imagined that he ally brought forward the case of that unhappy had done so. He admitted that he felt young man who lost his life for making an atstrongly on this question, and he certainly tempt on that of Mr. Bingham Baring. The had no pretensions for saying he was able to hon. Member also quoted the testimony of Mr. form au impartial opinion upon it: perhaps Justice Alderson in favour of Mr. Bingham he might be allowed to say, that he felt still Baring, to show that his conduct had been more strongly on the subject, from the im what it ought to be. The choice of the cart pression that the late prosecution which had was the act of the constable. The magistrates been instituted against this young person went to arrest the people who were suspected, (Mr. Bingham Baring) took its origin not because there were no military in the county. from his own demerits, but from the line of It was proved that Mr. Bingham Baring could politics which he (Mr. Baring) had adopted. know nothing of the Deacles, by his asking of (Hear, hear.) 'At the time that these transaç. the constable who they were. It was impostions were taking place, there were 400 per- sible that Mn Bingham Baring could have sous confined in the jail at Winchester, and he been on the spot when the handcuffs were put on thought that when that circunstance was Mrs. Deacle; they were not put on either by taken into consideration, it would in some Mr. Francis Baring. It was the general rule measure account for the confusion and excite- at that time to handcuff the prisoners who ment which bad prevailed in the country. were sent to Winchester jail; and it was in But the case had been misstated with respect compliance with that rule that the handcuffs to the Deacles. They (the Barings) did not were used. It was physically impossible that accuse the Deacles-it was the Deacles that the order to handcuf' Mrs. Deacle could have accused them;, and the whole extent to which been given by Mr. Binghan Baring. He adthey (the Barings) went was to show that the mitted, with reference to the fact of wbu car. statements of the Deacles were not founded in ried Mrs. Deacle, that a mistake as to the fact; with this addition certainly, that there person was of no consequence. Mrs. Deacle, were prima facie grounds for taking up the however, was carried carefully across the dirt, Deacles, and for instituting proceedings and thanked Mr. F. Baring for his care. On against them. He came dowo unprepared for the arrival of Mr. Deacle at Winchester, he the discussion, expecting that the Committee too thanked Mr. Francis Baring, and said he would be granted. He could only refer, boped Mr. Baring would call again to-morrow, therefore, to the various depositions given be- He believed, too, that there was no intention fore the magistrates, to show that there was of rescuing the Deacles; but, looking at the good reason to . apprehend Mr. and Mrs. state of insurrection in the village, it was very Deacle.
The magistrates would have nego natural that the magistrates should fear a lected their duty if they had not apprehended rescue. That was the reason for making so
much haste. As to the blow, Mr. Deacle had the right hon. Baronet, the Member for Tam-
31 that were related on the trial till they came Against it ....
78 before the court, and he accordingly left his
Majority.. case entirely in the hands of the attorney, who The other orders of the day were then disa was the clerk of the peace. Under the cir-posed of, and at a quarter before three o'clock cumstances of the county, the young magis- the House adjourned. trate who acted su rigorvusly deserved praise. As to not going for a pew trial, the reason was,
I shall content myself for the present that it could not be done without giving the with just observing that the reporter plaintiff an eutirely new trial, and without, at has here put forth, in this his publication, the same time, obtaining the advantage of a mass of the most atrocious lies that separating the desenders. The verdict, however, when trauslated into English, only meant ever were put upon paper. All the stuff that the magistrates were acquitted of all the which he publishes under the name of other charges except the blow. He had his MILDMAY, under that of 'Trench, under doubts whether going for a new trial would under that of CAMPBELL, under that of benefit the defenders, because the gentlemen had not seen the blow, and their denial would ALTHORP, and the sweet stuff that he not weigh against the assersion of other men, publishes under the name of LEFEVRE ; ; who said that it had been given.
the pretty stuff that he puts forth under
Sir R. Peel was sorry to refuse that inquiry to put into the mouth of " Alexander
prosecute the magistrates. Now, mark,
a felon, they bring him to trial at the was to vote for the inquiry, but what had occurred in the debate had altered his determi- acquitted, without producing any evi. nation. He entirely cupcurred in opinion with dence on his own side, and in conse.