House Of Commons
Friday, June 20, 1817.
Habeas Corpus Suspension
presented a petition from Kingston-upon-Hull, against the farther Suspension of the Habeas Corpus. The petitioners expressed their opinion, that the existing laws were amply sufficient for the purposes of putting down any disaffection that might exist; and prayed the House, that, instead of passing an act to that effect, they would employ the remainder of the session in correcting public abuses and lessening public expenditure.—The petition was then read.
firmly believed, that there was not the slightest ground for the suspension in Scotland, and that it was more especially unsafe to extend the power of the Crown in that quarter, after the specimen that had been exhibited in the case of Mackinlay. That man had been arrested, confined, dragged before a tribunal, and the proceedings against him then dropped. The same course had been a second time repeated, and a second time the indictment had been withdrawn. The law-officer of the Crown had determined a third time to prosecute this man, and the proceedings were still pending.
was surprised that ministers had given no answer to an allegation that a man had been put three times on his defence. He knew that by the Scotch law, most unhappily for Scotland, a party might be tried a thousand times for the same offence, if the law-officers of the Crown thought it advisable. The House had been informed, that the first indictment against this unfortunate man had been quashed by the Court: there had been one trial, one detention in prison, one solitary confinement, one period of painful suspense; then came a second charge, a second imprisonment, a second period of suspense, a second judgment, and a second indictment quashed. The Crown officers, not satisfied with this, were now preparing a third torture for this unfortunate man. It was impossible to say what would be the decision of the Court, but no lawyer who read the indictment could have any doubt as to its inefficacy.
said, that although the person in question was only tried for felony, yet he was always committed on a charge of treason.
said, he knew neither the case nor the name of the person whose case was now alluded to. But it did not seem that this was the proper time to discuss that case, for it had no connexion with the suspension of the Habeas Corpus act. How the law of Scotland was upon this point he did not know; but by the law of England, a man might be tried more than three times for the same acts, if they were each time charged as different offences.
did not mean to say that there was any thing illegal in the proceedings in the case alluded to.
said, if the proceedings in the case alluded to were allowed to be legal, the question was whether the House was now to be called upon to alter the law of Scotland? There was not the least connexion between the case of the man alluded to, and the suspension of the Habeas Corpus act.
maintained, that there was a strong connexion between the case mentioned and the suspension. The question on the suspension was, whether ministers should be entrusted with certain powers, and the question in this case was, how ministers had exercised the powers committed to them?
said, that when the House considered that a man had been three times tried, and three times imprisoned for the same offence, it did seem more natural that some person should call the attention of the House to the subject, than that ministers should not consider it within the scope of their duty to explain circumstances so revolting to every proper feeling. Their silence created a suspicion as to the accuracy of the information they had received from Scotland. Every person recollected the oath that had been read in that House on a former occasion. He was astonished that ministers had given no answer to the question of his noble friend.
allowed that if there had been any impropriety in the proceeding alluded to, it might be a fit subject, at some future period, for the attention of parliament; but nothing could be so little productive of public utility as that collateral mode of attacking the conduct of a court of law, and of demanding an explanation which those who asked it must be aware ministers could not be prepared to give. If there was any one thing of which, the House ought to be jealous, it was of any interference on the part of ministers with the courts of law. He considered the questions put as coming more from political hostility than from any real complaint against the Scotch judicature. He was not ashamed to say, that he was not acquainted with what the lord advocate was doing 400 miles off. However, he entered no defence for that officer; he had the highest opinion of his skill and integrity, and believed that he would give a sufficient answer to all charges whenever he was arraigned; but he did protest against the arraigning him thus in his absence.
thought the noble lord's protest was one of the most extraordinary he had ever heard. The noble lord I seemed to have abdicated the superintendence of his majesty's ministers over the law officers of the Crown.
protested against such incidental discussions.
said, he was sure there was nothing farther from the thoughts of persons on his side of the House than to arraign the Scottish judicature. But the lord advocate was not the Scottish judicature—he was not a court of justice. He was only the prosecuting officer on the part of the Crown. He would say it did appear extraordinary that the same man should be tried three times. In England such a proceeding would be called illegal and oppressive.
argued, that a charge against the lord advocate, coupled with an admission that he had acted according to the Scotch law, was, in fact, an arraignment of the whole system of Scotch judicature. If what had been done was legal it was to no purpose to arraign the conduct of the officer concerned: but the proper course would be to propose a remedy for such a law. Whether the lord advocate had gone beyond the discretion vested in him, this was not the time to inquire; but his noble friend had said with reason, that the effect of what had been stated was, to create an unjust impression against the law officer in question, not for exercising the duties of his office, but as having exercised them improperly. When it had been said, that an individual had been three times imprisoned for the same offence, it was impossible not to wish to live under a different state of laws, but the law of Scotland was so, and the evil could only be remedied by altering that law. If imputations were still held out that the law officer had been guilty of improper conduct, all he asked was, that notice should be given of any charge, in order that the party might come prepared to answer it.
thought that the right hon. gentleman himself had expressly arraigned the judicature of Scotland, in saying, that it was impossible not to wish to avoid living under such a law, and that a change in it ought to be made. But the gentlemen on that side of the House had complained not so much of the law as of the discretion exercised by the lord advocate; and they felt dissatisfied at no answer having been given.
felt disgusted and disappointed, as did the whole Scotch nation, that an individual should be confined to a solitary prison, and tried over and over again, merely because the lord advocate was unable to draw an indictment. He complained that the legal affairs of that country were placed in such hands that it was impossible such circumstances should not frequently recur. An indictment had been three times quashed, and might, perhaps, meet with the same fate a fourth time. Was it to be endured that his majesty's ministers should allow the law to be in the hands of a person who could not draw an indictment? while the consequence might be, that, after all, the man would escape, whether innocent or guilty. The law of Scotland was right enough in itself-—it allowed an indictment to be repeatedly amended in point of form and before trial; but who ever heard of an indictment being preferred three times for the same offence, after the case had been argued? On these grounds he thought the thanks of the House were due to the noble lord who had brought the subject before the House.
Ordered to lie on the table.
Committee Of Secrecy
was desirous to have the Report of the Select Committee produced, as they had now terminated their labours. Tile early production of it would be a great convenience, particularly as it was to be followed up by the suspension of the Habeas Corpus. It was extraordinary that any member should keep such a report in his pocket. The person whom he alluded to was not then present in his place, but he hoped the House would find a remedy for his absence. He would therefore move, that lord Milton, have leave to report from the select committee.
said, he understood the report would be presented in the course of the evening. It was not intended to propose any immediate delibera- tion upon it, but merely that it should be printed.
felt happy that the report was soon to be produced. He believed that the motion of the noble lord might be amended, and would move therefore as an amendment, "That the right hon. Charles Bathurst do forthwith attend this House in his place."
contended, that a member could not be ordered to attend forthwith, but ought to be desired to appear at a certain time.
said, when high words passed some time since between two members, on their withdrawing, it was ordered that both attend forthwith.
said, he would move as an amendment, that the House do now resolve itself into a committee of ways and means.
said, it was his wish that the report should be read when the House was full, and not at twelve or one in the morning, when most of the members had gone away. He was acquainted with the conclusion of the report, and it therefore struck him to be desirable that other members should know it. He must confess, that in the course of the proceedings of the committee there appeared on the part of some, he would not say many of the members, a disposition to enlarge on the dangers of the country. He could not help thinking that the report contained matter that might have been expressed more in coincidence with the evidence; but on the other hand, he thought there were some things that ought to have been stated, but which were not in the report. It struck him that many members of the committee seemed to have an opinion that there was nothing but disorganization in the country, and attempts to produce a revolution. To him, however, the causes that led to the present situation of the country appeared very different. He considered the disaffection to be nothing but the system of the Luddites five years ago, enlarged and grown more dangerous. Then, however, a remedy was applied that counteracted the evil, and it was in his opinion, therefore, rather inconsistent, that the same measures should not be adopted now.
having entered the House the chancellor of the exchequer and Mr. Ponsonby withdrew their motions. Mr. Bathurst then presented the Report of the Secret Committee, which was read by the clerk. On the motion, that it do lie on the table,
observed, that it appeared to him, that the report, in some respects, was so drawn up, as to give too much the appearance of having been wholly agreed to by all the committee. He thought it stated many circumstances too strongly as to Manchester. He doubted not that many of the leaders were very mischievous and revolutionary; but a meeting of even 12,000 persons at Manchester and Salford, which contained a population of 100,000, surrounded by a populous neighbourhood, could not be called a very general meeting of the people of that part of the country. Too much importance was given to the proceedings. It had been said that the people marched in files to the meeting at Manchester, as if they were all drilled and disciplined; but that was not the case: after all, only about 50 of them reached Ashbourne. Several hundreds, it was said, passed through Leeds; but he had no evidence of that. The poor deluded manufacturers had been suffering under the severest distress that was ever perhaps known in this country. He could not exactly make out insurrection and treason in the idea of coming in a body to petition the throne. The majority of the committee seemed unwilling to put down in the report those facts and observations which had a tendency to allay the alarms of the country. He was convinced that, in being themselves actuated by these alarms, they were as sincere as he was in entertaining a contrary opinion. He thought it his duty to mention another circumstance that occurred in the committee. The utmost anxiety was shown, after the publication of the report of the Lords committee, to counteract the effect of a paragraph in that report, relative to the conduct of the agents of government, in leading to the formation of designs which they were employed only to detect. That paragraph, which had excited so much notice in the country, had not gone far enough in describing this species of mischievous conduct, or characterising those who engaged in it. He knew that much of the disturbances in Derbyshire and Yorkshire had been produced by the arts of government emissaries. When he expressed this conviction, he did not mean to insinuate that ministers were aware of what their agents were doing; far less that they recommended to them such a course of conduct, or approved of their transac- tions. A delegate from London lately arrived at Sheffield in the pay of government. His approach was expected by the majority of the respectable magistrates with alarm, and by the deluded people, who were not disposed to suspect the trick that was played upon them, with exultation. What purpose could this serve but to agitate the public mind? This system of employing spies under the mask of delegates or agitators was not confined to Sheffield. Another instance had lately been read from a country newspaper, and brought before the public in a manner of which he could not approve. He should have paid little regard to that extract or statement had its truth not been confirmed by other evidence taken before the magistrates of the west riding of Yorkshire, and before the lord lieutenant of the county. In his opinion, the committee in their report had not paid sufficient attention to the system of Luddism. The Luddites were a peculiar kind of banditti, who lived by plunder, and sought arms as the means of attack or defence. This circumstance, had it been taken into the account, might have accounted for the continued demand for arms in the disturbed districts, without leading to the inference that they were to be used for rebellious purposes against the government. He was not disposed to undervalue the dangers with which the country was threatened; but when he saw them exaggerated, he could not lend himself to give them credit himself, or to allow others to be unnecessarily alarmed. These dangers, though great, might have been removed, or at least reduced, had government taken a different course from that in which they had proceeded. He himself had proposed in the committee, as the means of preserving the tranquillity of the country, that the agitators, many of whom had been arrested, should be brought to speedy justice, and suffer a punishment adequate to their offences. This would have had more effect than the exertion of the extraordinary powers demanded by ministers. He did not mean to assert that the government agents were the original framers of the conspiracy described in the report, or that a general rising was not resolved upon before they were sent to the disturbed districts. He would, however, go the length of stating his belief, that but for those emissaries the design might never have been attempted to be carried into execution. A plot was formed, but it might never have exploded. Great jea- lousies existed among the leaders—they were each envious of the other's influence and power. The funds of the association in particular, though small in themselves, were a tempting bait to those needy adventurers; and would have furnished, in any contest which a robbery of them would have given rise to, a certain cause of disunion.—He had heard much of the organization of this conspiracy, and of the evidence of it supplied in the system of signals, by means of the firing of rockets from different elevated points at proper distances; but he never could be made to understand, how these rockets could answer any purpose whatever. He believed, therefore, the story of their being fired on hills at the distances of ten miles from each other, so as to convey intelligence from one body of rebels to another, was a mere humbug to deceive the credulous; or that, if they were discharged at all, it was to ridicule the fears of the alarmists. The organization of the disaffected was said, likewise, to be proved by the system of sending delegates between one district and another. Though there might have been a system of delegation, yet he was convinced that no extensive conspiracy was organized, by which the whole population might be excited, and brought to act against the laws and the constitution of the country. He allowed that there was cause for alarm; that there was every reason for the utmost vigilance of government; and that the circumstances of the country called for diligent and active exertions from the magistrates. Nay, he would even go farther, and say, that some new measures might be necessary; but he protested solemnly against the one which was in contemplation.
was surprised that the noble lord should now state objections to the Report, as, excepting the concluding passage, it certainly had the approbation of every member of the committee.
had heard the noble lord's speech with some surprise, and he would add regret. When the committee broke up that morning, neither he, nor any other member with whom he had conversed, had the most distant idea that the noble lord disagreed with any part of the report. He had heard in debate that men might blind themselves to alarms, and that the noble lord was not so much alarmed as the rest of the committee. The noble lord had it in his power to have conveyed that impression, and to have stated his dif- ference of opinion. He understood that at the conclusion of their work there was not a single difference unadjusted, except the practical recommendation that grew out of the facts and observations in which all concurred. If any difference of opinion arose, it was debated in no spirit of acrimony, and with no obstinacy of opposition: but recourse was immediately had to the evidence; the members weighed with each other its force, and coming to a general understanding, qualified the observation or phraseology so as to meet the views of all. The delay of the report was occasioned by this desire of accuracy. Even so late as that morning, doubts arose respecting the force of some statement, and recourse was again had to the evidence to prove its accuracy. He stated this, because it might have been supposed, from the turn that the debate had taken, that every thing was discussed in the spirit of party hostility; that there was an attempt, on the one hand, to exaggerate every alarm, and on the other, a disposition to believe in no danger. He was surprised that the noble lord should have made such a speech, after he had assented to every part of the report that described the dangers of the country, and only reserved his opinion as to the manner in which that danger should be met. He himself (lord L.) believed, that nothing short of this measure could repress the efforts of the agitators.
said, he felt considerable difficulty on the present occasion. It was perfectly true that his noble friend did not make any specific proposition in the committee, but he certainly stated generally, that though he did not object to any particular part of the report, yet he considered the whole as calculated to make an impression which the evidence did not justify. He (Mr. P.) would further observe, that the report did not, perhaps, contain all that could be said upon the subject, and it was understood that whatever particular opinions the members of the committee might entertain with regard to the practical conclusions drawn from it, they would be at perfect liberty to state them in that House. The House should recollect, that the committee in no instance affirmed any thing of their own knowledge. They stated only such matters as they were enabled to state according to the evidence laid before them. No member, indeed, (except those who, from their official situation, might have particular intelligence upon certain points), could know any thing beyond what they derived from the evidence. There was a palpable difference, therefore, between an affirmation on the part of the committee, arising from its own knowledge, and that opinion which they formed from the evidence submitted to them. The course of proceeding in the committee was this. For a considerable time a certain progress was made in the report with little difference of opinion; but when they got to that part of it which had been alluded to; some members of the committee expressed their opinions one way, and some another. It was on that occasion that he (Mr. P.) stated, as a general understanding, that no gentleman in the committee was to compromise his opinion, or to agree in a representation of any kind, from the hope of obtaining his (Mr. P's) assent to the farther suspension of the Habeas Corpus act. For his mind was made up against the measure, as one not at all applicable to the existing evil. Shortly afterwards, seeing but little utility in continuing his attendance, as to any chance of unanimity of opinion, he abstained from attending the committee. It was quite true, however, that till they got to that given point, the report of the committee was agreed to, and he was to be considered as agreeing to it.
said, that the committee concurred unanimously in the existence of the danger, but disagreed about the practical result of their inquiry. It was therefore, determined, that every member should reserve his own opinion on; that latter point till the question came to be discussed in the House.
said, he was unfortunately prevented, during the latter part of the sittings of the committee from attending them, but he saw sufficient while he was present, from the nature of the evidence aid before them, and the extent of the dangers, to convince him, that the report, if considered as a preparatory step towards the farther suspension of the Habeas Corpus act, did not fairly grow out of the evidence produced.
had distinctly stated, that he could not agree in the recommendation at the conclusion of the report, as he was determined to go into the House unpledged to any measure, and he should be happy if his hon. friends would convince him that such a measure was unnecessary.
agreed that the report should be printed: the more it was known, the more would its conclusion be repro- bated. He only wished, that along with the report the speech of his noble friend (lord Milton) should be printed; and that the speech of the other noble lord (Lascelles), could be circulated as widely as that report; for the noble lord stated, that concessions took place in the committee. Now, those concessions were not facts on which any conclusion could be founded; they were the mutual accommodations of gentlemen disposed to arrive at some vague conclusion. He had heard the noble lord say that there was a disposition on all sides to concede, to meet one another half way. The report, therefore, was not the fair and just view of the state of the country, but the result of compromise and concession. His hon. friend had said that the conclusion was all he had to object to, but it should be always remembered that this conclusion was attached only to a series of concessions.
explained. Whenever be stated facts he had no objection that the learned gentleman should give those facts what circulation he pleased, provided it were without misrepresentation. But he was not sure that the learned gentleman had not ingenuity either to misunderstand his expressions and to view them in a very different light, or to make them bear a meaning which he never meant to attach to them. He had stated, that whenever any thing was made to bear a stronger sense than any other person could approve of, recourse was had to the evidence, and the expressions were mutually accommodated to that evidence. There was concession, but it was upon the evidence. After some further conversation, the report was ordered to lie on the table and be printed.
Second Report Of The Committee Of Secrecy
The following is a copy of the said Report:—.
Second Report From The Committee Of Secrecy
, to whom the several papers which were presented (sealed up) to the House, by lord viscount Castlereagh, on the 5th day of this instant June, by command of his royal highness the Prince Regent, were referred, and who were directed to examine the matters thereof, and report the same, as they should appear to them, to the House; —have, pursuant to the order of the House, examined the same accordingly, and agreed to the following report: In forming an opinion on the present internal situation of the country, your committee could not fail to bear in mind the information laid before them, at an early part of the session, upon which their first report was founded. The papers now communicated to the committee, continue the narrative of the proceedings of the disaffected in the counties before referred to, viz. Lancashire, Leicestershire, Nottinghamshire, and Derbyshire (to which, part of Yorkshire and the towns of Birmingham and Stockport, must now be added), from the period of that report down to the present time. Your committee find in these papers, not only a complete corroboration of the justness of the apprehensions, which they then expressed, but proofs, equally decisive of the continuance of the same machinations, and designs, breaking out into fresh acts of violence and insurrection, up to the present moment. Your committee stated in their former report, that "even where petitioning was recommended, it was proposed to be conducted in such a manner, by an immense number of delegates, attending in London at the same time, in several parties, attached to each petition, as might induce an effort to obtain by force whatever they demanded; and that a general idea seemed prevalent, that some fixed day, at no very great distance, was to be appointed for a general rising." The first attention of your committee has been directed to the proceedings of the public meeting held early in March, in the town of Manchester. At that meeting, which consisted of persons assembled from various towns and populous villages in the vicinity of Manchester, as well as of the inhabitants of Manchester itself, it was proposed by the same leaders who had previously attracted the notice of your committee, that the petitioners should assemble, at the same place, on Monday, the 10th of that month, prepared to set out on a march to London, to present their petition themselves to the Prince Regent in person; that they should form themselves into parties of ten each (which arrangement was proposed with the professed view of not transgressing the law); and that they should supply themselves with provisions for the march, and with blankets for the purpose of sleeping on the ground. At many other meetings previous to the 10th, which, though comparatively private, were yet numerously attended, it was represented to them, by their orators, that they would be surrounded by the police and the military, and that they would be an easy prey if they proceeded without arms for their protection. They were assured, however, that their numbers, which, in the course of their progress, would amount to not less than 100,000, would make it impossible ultimately to resist them. It was stated that all the large towns in Yorkshire were adopting the same plan, that the Scotch were actually on their march, and that if the petitioners could once reach Nottingham, or Birmingham, the business would be done. They were advised to choose leaders over each subdivision of tens, fifties, and hundreds, and to appoint a treasurer to receive contributions, which were actually made in a great number of small sums, out of which fund they were taught to expect that each man would be supplied with a daily allowance. A petition was accordingly prepared, with a copy of which every tenth man was furnished; and which concluded by stating to his Royal Highness, that, without the change which they demanded, "they could neither support him, nor themselves;" and they were told, that if their petition was rejected, they must demand it; if still rejected, they must force it, and say they would be righted. It appears, that some of the persons apprehended, were fully prepared to act up to these instructions; though it is to be presumed, that many of them had no very definite idea of the way in which their services were to be employed; and that even among their leaders, some of the more moderate reckoned rather upon intimidation, than upon the actual employment of force. At one of those more private meetings, however, which preceded the general assembly, one of those persons, who appeared to have most influence, avowed himself a republican and leveller; and professed his determination never to give up till they had established a republican government: the examples of the insurrection in the reign of Richard 2nd, and of the rebellion, in Ireland in 1798, were held out, as objects of imitation; and the most violent of such declarations was generally received with the strongest marks of applause. In consequence of these preparations, the public meeting proposed took place at the time appointed; and was attended by probably near 12,000 persons: many of these proceeded to the ground in regular order, with knapsacks on their backs, and notwithstanding the assembly was dispersed by the military, acting under the orders of the magistrates, and the principal leaders were apprehended, under warrants from the secretary of state, a considerable number actually marched off on their way to London; many were intercepted before they reached Stockport, but several found their way as far as Ashbourn. The act for enabling his majesty to detain suspected persons had now passed; most of those, who had rendered themselves most conspicuous in exciting disaffection in this part of the country, had either been apprehended, or had secreted themselves? and all hopes were precluded of any immediate result from the assemblage which had been so long concerted; yet it appears to your committee, from a variety of concurrent testimony, on which they rely, that the previous organization had been extended so widely, and the expectation of ultimate success had been so confidently entertained, that these circumstances produced no other effect on the great body of the discontented, than to delay the explosion, which had so long been meditated; to occasion the discontinuance of the more open meetings of the association; and to call forth the exertions of new leaders, who were determined (in their own phrase) to "reorganize the party." Meetings were accordingly held in several of the townships in the neighbourhood of Manchester, between the 10th and 25th of March, with more privacy, but under the established system of delegation, at which only the deputies from the disaffected places were present; and at which it was resolved to promote a general rising at Manchester, on Sunday the 30th of March, or the following day. A meeting was appointed for the leaders at Ardwick bridge, close to Manchester, on the Friday before that day; where they expected to receive information from Birmingham, Sheffield, and other places, with which they were in communication; having previously learnt from an emissary, who had visited Huddersfield and Leeds, that the disaffected in that part of the country were all ready to begin at any time, and were preparing arms for the purpose. The design was, to assemble as many as could be collected, in the night, at Manchester; to attack the barracks, the police office, the prison, the houses of magistrates and constables, and the banks in separate parties; and to set fire to the factories in the town. It was even declared by one of the conspirators, that this last atrocity was intended for the purpose of increasing the prevalent distress, in the hope of thereby adding to the numbers of the discontented, by throwing the workmen out of employment. It was calculated that two or three thousand men would be enough to commence these operations, as they reckoned upon being joined by 50,000 at the dawn of day. A proclamation was said to be prepared, in order to be produced on this occasion, justifying the revolt, and absolving the insurgents from their allegiance. Expectations were held out, that a general insurrection would take place, at the same time, in different parts of the counties of Lancaster, York, Warwick, Leicester, Nottingham, Chester and Stafford; and though some of these, particularly the two latter counties, may have been included without any sufficient ground, your committee see just reason to apprehend, that a successful insurrection at Manchester would have been followed by partial risings, to an alarming amount, in each of the other counties. Some preparations were made for providing ammunition, with a view to the arms, which it was intended to seize. The execution of this plan was defeated by the vigilance of the magistrates, who being apprized of what was in agitation, made a communication to the secretary of state, by whom warrants were immediately issued, and the ringleaders, assembled at Ardwick bridge, were consequently seized on the 28th. The magistrates of Manchester thereupon published an address to the inhabitants, announcing the danger, and calling upon the householders to be sworn as special constables, and to assist in preserving the peace of the town. This plan of the disaffected, being thus discovered, and deranged, they became more wary, and secret in their proceedings; but in the moment of disappointment, declarations were made, that it would be impossible to prevent the rising for a month longer. The assassination of persons most obnoxious to their resentment was suggested by some of the most desperate of the conspirators; an attack was made upon the House of one of the magistrates; the life of another was threatened; and a pistol was fired into the House of a gentleman, who was acting as a special constable. Shortly after this period, it appears to have been discussed, whether it would not be more prudent to discontinue the appointment of delegates, and to rely only upon one man in each town, who might call the disaffected together a short time before the intended insurrection, and seize on horses, preparatory to the attack on Manchester. But notwithstanding this proposition, the same system of connected operation by means of delegates was indefatigably persevered in. Delegates from Manchester, Birmingham, Nottingham, Derby, Leeds, Sheffield, Wakefield, Huddersfield, and other places in the disturbed part of the country, either constantly or occasionally attended these meetings. The numbers assembled were not large, but the activity was unceasing; emissaries were continually passing from one of those places to another, to compare their accounts of the state of the public mind; to foment the irritation among the disaffected; and to combine some general plan of simultaneous, or connected insurrection; the object of which was, after consolidating a sufficient force, to march upon London, and there to overturn the existing government, and to establish a republic. The same designs were continued of attacking the barracks, and depots, in different parts of the country (one of which was particularly re-connoitred with that view); of plundering the houses of noblemen and gentlemen, where arms were supposed to be lodged; of seizing the magistrates, and keeping them as hostages, and as authorities for levying contributions on the country; of disarming the soldiers by night, in their quarters, or seducing them from their duty; and of providing arms for themselves, partly by these seizures, and partly by an easy method of forming pike heads out of common tools and utensils. It appears to your committee, that the utmost confidence prevailed among the delegates, as to the ultimate attainment of their object; that the successive arrests of several of the principal leaders, though; they occasioned momentary disappointment, did not extinguish the spirit of insurrection, or the hopes of success, in the parts of the country above mentioned; and the utmost impatience was manifested at the delays which had taken place in fixing the day for the general rising. This, after several postponements, was appointed for the Monday in Whitsun week, and was afterwards again postponed to the 9th of June, which was thought more favourable for a midnight insurrection, as the moon would then be in the wane. Notice of this last appointment had been so widely circulated, that it became almost of public notoriety; which, while it awakened the attention of those whose duty it was to preserve the public peace, did not ap-appear to derange the preparations of those who were disposed to disturb it. Even where the planners of the insurrection suggested a farther delay, they found it impossible to restrain the impatience, which they had excited among their followers, who had forsaken their ordinary habits of industry, and who must either proceed to the immediate attainment of their object, or for the present relinquish it, and return to their accustomed occupations. On the 28th of May a meeting of delegates in the neighbourhood of Sheffield was dispersed, and some of the parties were apprehended; and on the 6th of June, several persons described to be delegates, (and believed by your committee to be such), who were assembled at another place in the same neighbourhood, were apprehended by the magistrates of the riding, assisted by the military; and the final arrangement of the plan, which was there to be settled, was thus happily frustrated. It was confidently expected, that these arrests would disconcert whatever measures were in preparation, and they appear to have had that effect in the immediate vicinity of Sheffield; but the spirit which had been excited could not be wholly suppressed. In the neighbourhood of Huddersfield, in the night of the 8th instant, several houses were forcibly entered and plundered of arms. A considerable body of armed men were approaching the town, when a small patrole of yeomanry cavalry, attended by a peace officer, fell in with them, and was received with the discharge of several shot, by which one of their troop horses was wounded. The patrol having ascertained, that they were too few to oppose such numbers, thought it prudent to retreat, when several shots were fired after them without effect. On returning with an additional force to the spot, they found that the whole of the insurgents had disappeared; but guns fired as signals, in different directions, and lights shown on the heights throughout the country, sufficiently proved the extent of the confederacy, and the concert with which it was organized. In some populous villages of Derbyshire, a more open insurrection took place on the 9th of June. A delegate from this part of the country had attended a previous meeting at Nottingham, and an active emissary from thence had joined them in the course of the night. The insurrection began, according to the general plan proposed, with attacks upon houses, for the purpose of procuring arms; in one of which, a sevant was wantonly shot; about 200 insurgents were soon assembled, mostly armed either with pikes or with fire arms, and began their march towards Nottingham, in expectation of increasing their numbers as they went, and of finding that place in full insurrection, and prepared to support them. They were however intercepted by detachments of cavalry (under the orders of active and intelligent magistrates), which came up with them in different directions, and totally dispersed them. Between 50 and 60 were taken and lodged in the different gaols; many fire arms and pikes were taken at the same time, and a quantity of ammunition was found upon the persons of the prisoners. Your committee have thus stated the prominent points of the information, which has been laid before them, particularly as affecting the manufacturing districts in the Northern and Midland counties, and which has been substantiated, in almost every particular, by depositions on oath, taken before magistrates. The character of the danger remains the same as was described in the former report. It arises from the indefatigable exertions of persons in the lower ranks of life, or but little above them, of some popular talents, inflaming and aggravating the actual distress of a numerous manufacturing population, by exciting hopes of an immediate remedy to all their sufferings from a reform in parliament, and preparing them (in despair of attaining that object) to attempt by force the total subversion of the established constitution of government. Your committee stated, in their former report, that the mode of organization, practised with such mischievous success in the populous districts, had been in very many instances conducted under the cover of associations, called Hampden Clubs, formed for the ostensible purpose of procuring a reform in parliament; and they now find that in many instances, where the open meetings of those societies have been discontinued, several of the members of them have assembled more privately, and been the principal leaders in the projected combinations. In their former report they did not think it necessary to advert to that atrocious system of combination, outrage, and hired assassination, which has prevailed in some of the midland counties, under the name of Luddism; both because the trials of persons, charged with those crimes, were then known to be depending; and because the system itself did not then distinctly appear to your committee to have any immediate application to political purposes. But they have since found reason to believe, that those who are concerned in instigating the people to insurrection, have availed themselves of this powerful engine for the more extended purposes of political innovation. Upon the whole, your committee have been anxious neither to exaggerate, or extenuate, the nature and extent of the danger. They have not been insensible to the jealousy, with which the testimony of persons, originally implicated in the designs of the conspirators, or even of persons who never having engaged in those designs, have attended their meetings, in order to discover and report their proceedings, ought to be received; but the facts stated by your committee, rest not only upon confirmatory evidence, but on distinct, substantive, and satisfactory testimony; and although your committee have seen reason to apprehend, that the language and conduct of some persons from whom information has been derived, may in some instances, have had the effect of encouraging those designs, which it was intended they should only be the instruments of detecting; yet it is perfectly clear to your committee, that before any such encouragement could have been given, the plan of a simultaneous insurrection, in different parts of the country, had been actually concerted, and its execution fully determined on. Your committee have the satisfaction to continue to believe, as they have before stated, that the danger, which they have described, is to be found only among the lower order of the manufacturing population, in particular parts of the country, many of whom are labouring under considerable privations, from the low rate of wages, and the increasing price of the necessaries of life; though your committee cannot but remark that the most active and determined insurgents are in many instances to be found amongst those, whose earnings, even in the present state of the manufactures, would enable them to support their families in comfort. They find that of the promoters of these commotions, many have either left the country, or are prevented from prosecuting their designs. The disaffected appear to want leaders to conduct such enterprises as they have conceived; are frequently disconcerted by jealousy and distrust of each other, and by the consciousness that their plans are watched; and by the arrests of the ringleaders. Great as the numbers probably are, among whom disaffection, to an alarming extent, has made considerable progress, fomented at first by popular harangues, and still by the more powerful, and general excitement of seditious publications, your committee are fully aware, that the number of those, who are now prepared to take the lead in any project of open insurrection, is not to be estimated by the exaggerated reports of their delegates. Though they have been all along taught to look to London for countenance and support, though some of their own immediate emissaries have, from time to time, affected to bring them hopes of encouragement from that quarter, in case of success; and though it has been stated to your committee, that a delegate from the country has recently been attending a meeting of delegates in London; no specific information has been laid before your committee of the existence of any body of men, associated in the metropolis, with whom the disaffected in the country appear to be acting in concert, or to hold communications. Their hopes arise from their own numbers, which if they could be excited to simultaneous movement, would distract their opponents, and would procure the means for carrying their utmost designs into execution. It is hoped, by them, that the timid and irresolute would thus be encouraged to stand forward; and they flatter themselves, that efficient leaders would not be wanting to put themselves at the head of a successful insurrection. Your committee cannot contemplate what has passed in the country, even since the date of their former Report, without the most serious apprehension. During this period, the precautionary measures adopted by parliament have been in force; many of the most active promoters of public disturbance have been apprehended; the immediate projects of the disaffected have been discovered and deranged; yet nothing has deterred them from a steady pursuit of their ultimate object. Though hitherto checked, the least advance towards the attainment of that object could not but be attended with the utmost hazard to the lives and properties of his majesty's subjects. In the late insurrection on the borders of Derbyshire and Nottinghamshire, the mass of the population, through which the insurgents passed, evinced the utmost abhorrence of their designs and projects.— In other instances, where the inhabitants have been called upon to aid the civil power, that call has been answered with alacrity and zeal. Such conduct increases the claim of the peaceable and loyal inhabitants of the disturbed parts of the country to the most efficient protection. Your committee find that it is the concurrent opinion of many of those entrusted with the preservation of the peace, and best acquainted with the state of the disturbed districts, as well as the admission of the disaffected themselves, that the suppression of the attempts at insurrection hitherto made, may, in a great degree, be ascribed to the existence of the extraordinary powers entrusted by parliament to the executive government, even in cases where it has not been found necessary to call them into action; and that the tranquillity of the country would be put to hazard, if those powers were now withdrawn. In this opinion your committee fully concur; and, confidently as they rely on the loyalty and good disposition of the great body of his majesty's subjects, (even in those parts of the country in which the spirit of disaffection has shown itself in the most formidable shape) they cannot but express their conviction, that it is not yet safe to rely entirely, for the preservation of the public tranquillity, upon the ordinary powers of the law. 20th June, 1817.
The Budget
The House having resolved itself into a Committee of Ways and Means, and the Account of Naval Stores having been referred to the said committee,
rose. He said, that much as he regretted to fatigue the House with that which he had to bring forward, at a period when, from the lateness of the hour, it might be inconvenient to them to give it that attention which it demanded, he was sure the House would see the propriety of not postponing it to a future day; and he must confess that he felt the less inclined to postpone it, as it would not be necessary for him to trouble the committee at any very great length. He was of this opinion, because, in the first place, he had reason to hope, that the practical measures which he should recommend were not such as were likely to call forth opposition—were in fact, as it appeared to him, as little liable to objection as any that had ever been brought forward; and, in the next place, the House came to this subject with more information on it than they usually possessed previously to the opening of the budget. At the commencement of the present session their attention had been called to the state of the finances of the country in the Speech from the Throne; and in consequence of the recommendation so made to them, one of the earliest proceedings of the House had been, to appoint a committee to inquire into the revenue and expenditure of the country. The reports made by that committee would enable him to spare those whom he had the honour to address, the trouble of listening to many dry statements of account which it would otherwise have been his duty to press on their attention. He should frequently content himself with reference to those reports, which he was sure would afford the committee more satisfaction than any imperfect statement he could offer of his own. The consolidation of the English and Irish exchequers had added the financial concerns of Ireland to those on which he had been accustomed to address them, and he could assure the committee that a very considerable portion of official labour had been directed, since January last, to incorporate the accounts of Ireland with those of England. Those of the former country had never been brought forward in a similar form before. The arrangement, however, which had at length been made, would bring them under the consideration of the committee in a more convenient and uniform manner than that in which till now they had ever been submitted to them. This had been effected partly by official diligence, and partly by the act of the House itself. In what he had last said, he alluded to the directions given by act of parliament for the clearing up of all accounts, and discharging all outstanding balances between the English and Irish exchequers to the 5th of January last, and for cancelling all grants on the consolidated fund, which had not been realized on that day, and which, as the House was aware, were not likely, in the present state of the revenue, to be realized within any moderate period. The consequence was, that from the 5th of January last, a new account was opened for the consolidated treasuries, and the technical distinctions which had till now existed between them, were no more. At the same time, the arrears and deficiencies which for many years had encumbered the accounts of the united kingdom had all been discharged and made good, and a new account had been opened from that day, which would bring the finances of the empire under the view of parliament in a simple and intelligible form. The committee appointed by that House to inquire into the expenditure and income of the country had not encumbered their Report * with a statement of the various distinctions of consolidated fund, war taxes, and other details of parliamentary appropriation, but had on the one side set down the whole amount of the finances of the country, and on the other the sum total of its expenditure. He regretted to state it appeared by that Report that the deficiency in the revenue of last year, as compared with the year preceding, and which deficiency parliament would have to provide for by other means, amounted to 10 per cent, in that proportion of the public income which was collected in England, and in Ireland there had been a falling off to the amount of 20 per cent, on the whole revenue. In a country where the accumulation of capital was so inferior to that which had taken place in this, and whose agricultural interests had been so greatly promoted by the consumption of the war, it was not a matter of astonishment that its agriculture should be greatly depressed at the termination of a war like that which had just concluded, and that when exposed to the additional pressure of a most unfavourable season, part of its population should be reduced to great distress. Notwithstanding the unpleasant circumstances to which he had just referred, the means by which he proposed to meet the supplies of the year, were, he thought, of, a nature perfectly unobjectionable, and amply sufficient. In the usual form, he
should first go through the supplies required in the present year, and then state the ways and means to meet them. Army (including 1,500,000l. for extra-ordinaries, and exclusive of troops in France, 9,030,000l. For 1816, it would be remembered the total sum granted on account of the army, amounted to 10,809,737l. The grant last year on account of the navy (exclusive of the grant for the reduction of the navy debt) amounted nearly to 10,000,000l. (It was more exactly stated 9,964,195l.) In the present year the grant required for the navy was 6,000,000l. exclusive of a grant of 1,660,000l. for the reduction of navy debt. To the grant of last year a very considerable sum might also be added, as in 1816 there had been paid off 2,000,000l. of the navy debt. The sum appropriated to this purpose had been taken from the unapplied money remaining in the exchequer from the grants of 1815. The whole sum, therefore, which had been applied to the service of the navy in the last year, amounted to nearly 12,000,000l. The ordnance created in the present year a charge of 12,213,000l. Last year, under the same head, there had been required the sum of 1,613,142l. Here a reduction had been effected of about 400,000l., being about one fourth of the whole. The miscellaneous services would call for a supply of 1,700,000l. including the sums already voted in the present session Last year, the same services had required 2,500,000l. In this instance, therefore, a reduction had been made of 800,000l. The total supply, therefore, that was called for fn the present year, exclusive of the interest of the funded debt, for the expense of the several establishments for 12 months not on the peace establishment, for he was far from thinking we had yet arrived at what might properly so be called, would amount to 18,001,000l., or what, speaking in round numbers, he would call 18,000,000l. It would be remembered, that at the opening of the present session, his noble friend had estimated the expenditure of the year for the services he had enumerated at 18,300,000l. The actual supply called for came below the estimated sum by almost 300,000l. Last year, the grants for the same services amounted to 24,887,000l. The reduction effected in the present year, it would therefore be seen, fell little short of 7,000,000l., being considerably more than one-fourth, and amounting, to very near one-third of the whole. In addition to the 18,000,000l. required for the proper service of the year, a further provision would be necessary on account of the unfunded debt. In the first instance there; was a charge of 1,900,000l. for the interest on exchequer bills the principal of which would be discharged in the course of the present year. This item, though large, the committee would look upon with satisfaction, when they considered how much the improved state of public credit lessened the charge thus incurred in providing for the ways and means of the year. A proper idea of this might be formed, when it was considered that what cost the country almost 2,200,000l. for the service of 1816, would in the present year create but a charge of 1,900,000l. upon an amount of principal considerably increased; and when it was further borne in mind, that a few years ago the same operation would have occasioned an expense of 2,500,000l. The sinking fund on the money thus kept floating as unfunded debt would amount to 330,000l. making a total charge on amount of exchequer bills of 2,230,000l. On winding up the accounts between the English and Irish exchequers an advance had been found necessary in order to clear up all demands on the consolidated fund of Ireland to the 5th of January last, from which period they had started on a new account. This had caused a grant to be called for (in order to make good the permanent charges of Ireland up to that time), of 246,508l. Towards the reduction of the navy and transport debt, a supply was demanded of 1,660,000l. There was thus, it would be seen, anew total of 4,136,508l. to provide for the charges of unfunded debt, or to make good previously existing deficiencies, which formed no part of the supply necessary for the service of the year. The different items and the grand total were as follows:* See this Report in the appendix to the present volume.
| SUPPLIES. | |
| Army (including 1,500,000l. for extraordinaries, and exclusive of troops in France) | £: |
| 9,080,000 | |
| Navy (exclusive of grant for the reduction of navy debt) | 6,000,000 |
| Ordnance | 1,221,300 |
| Miscellaneous | 1,700,000 |
| Total supply for the service of the year 1817 | 18,001,300 |
| Interest on exchequer bills | £. | |
| 1,900,000 | ||
| Sinking fund on ditto | 330,000 | |
| To make good the permanent charges of Ireland to Jan. 5,1817 | 246,508 | |
| Towards reduction of navy and transport debt | 1,660,000 | |
| 4,136,508 | ||
| 22,136,508 |
| WAYS AND MEANS. | ||
| £3,000,000—Annual Duties- | £3,000,000 | |
| Disposable 1815 | 15,749 | |
| Ways and Means 1816 | 1,849,810 | |
| 1,865,559 | ||
| 3,500,000—Excise Duties continued (after satisfying the grant thereon for the year 1816) | 1,300,000 | |
| Money remaining at the disposal of parliament of the consolidated fund at April 5,1817 | 1,225,978 | |
| 200,000—Lottery | 250,000 | |
| Old stores | 400,000 | |
| Arrears of property tax received or to be received between the fifth of April, 1817, and 5th April 1818 | 1,500,000 | |
| 9,541,537 | ||
| Irish treasury bills | 3,600,000 | |
| Exchequer bills | 9,000,000 | |
| 12,600,000 | ||
| 22,141,537 |