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in that district found a great landed pos- | laws of the realm,"--and, more especially sessor, who seized the opportunity, by when the petitioners bore in mind that they creating votes, of outnumbering the inde- themselves were open, through ignorance, pendent voters, and thus of increasing his to a similar charge, by initiations into Maown political weight and importance, such sonic,'' Druids,'or Odd Fellows' Lodges; a course was evidently a counteraction of that the petitioners most ardently desired, the intention of the Legislature. This that men professing so much morality petition he held to be a very important should not be consigned to associate, for one. It was the first, he dared to say, of a period of seven years, with others who several that would be brought before the were transported for crimes of the most inHouse on similar grounds. He was sure famous and disgusting complexion; and the House would feel, that it was very de- they therefore prayed the House to adsirable to correct the defect complained of dress the Crown to deign to review this with so much justice. In many cases, the terrible sentence, with a view, as far as addition of a large district, in which one justice would allow, to soften what apor two individuals had considerable pos-peared to the petitioners a sentence too sessions, to the town constituencies, had been attended with the most injurious consequences. The borough for which he had formerly been returned (Rye) used to be an open borough; had it not been, he would never have been its Member, for he possessed no influence there derived from property; but six or seven parishes having been added to the town by the Reform Act, it ceased to be free, as it was previously; and he had, consequently, been sent to the right-about. He repeated, that the only effectual mode of counter-not, therefore, by any means, to be reacting such improper influences was to apply the Ballot.

Petition to lie on the Table.

rigorous and too severe. The hon. Member begged to observe, that the city of Oxford, containing a population of nearly 20,000, did not now, nor ever did, contain a single, political or Trades' Union; that, during the progress of the several measures of Parliamentary Reform, its inhabitants did not hold one public meeting on the subject; they did not

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agitate," as it was called, but left the matter to their Representatives, and to the wisdom of Parliament; they were

garded as men of extreme opinions, or violent politics; and he submitted to the House, that on these accounts their petition was entitled to the greater considerTRADES' UNIONS-DORCHESTER LA-ation. Another circumstance attending BOURERS.] Mr. Hughes Hughes said, he was this petition should also be mentioned: charged to present to the House a petition it was not the result of a public meeting, bearing the signatures of 1,563 of his con- at which the passions of the petitioners stituents, inhabitants and house-holders of had been inflamed; but was the consethe city of Oxford. The petitioners stated,quence of a handbill, couched in moderthat in all well-regulated Governments ate language, and which he would read to one of the first duties to the governed the House. It was dated yesterday, and is to endeavour to apportion all punish-addressed "To the inhabitants of the ments as near as possible to the extent of city of Oxford. A petition, to the House the crimes committed; that they could of Commons, will lie (for this day only) not help feeling that, in the late trial at at Mr. Grinstead's, grocer, Queen-street, Dorchester, of the six agricultural la- for signatures, from nine in the mornbourers for administering a certain un-ing, till eight in the evening, for the lawful oath and engagements, of which purpose of mitigating the punishment of they were found guilty, the sentence was six agricultural labourers, who have reexcessively severe, particularly when the ceived at Dorchester the severe petitioners took into consideration the tence of seven years' transportation, for probability of their ignorance of violating administering what is termed an illegal the laws, and their disclaimer in one of oath, for the mutual protection of their the following rules produced on their trial conceived rights." Such were the cir-namely, "That no person should be cumstances under which, in the course of admitted to their meetings when drunk; eleven hours, this petition had been signed that no obscene songs or toasts should be by 1,563 individuals, many of whom he allowed; and that they should not coun- knew to be most respectable tradesmen. tenance any violence, or violation of the He would make another observation,

sen

which he thought of some consequence. I to which those persons had been senHe had remarked, that recently the tenced. Judges had adopted a practice of assign- Mr. Hardy hoped, that it never would ing punishment to offenders, not so much be the intention of the Ministers to advise in proportion to the greater or less enor- the Crown to grant a mitigation of the mity of the crime of which they had been sentence in this case. He was not surconvicted, as to the policy which might prised that this petition should have emanappear to them of making an example ated from Oxford, if it were true, as had at the moment. This, which he thought been stated by the hon. Gentleman, that an objectionable, because unfair, mode of the petitioners knew nothing of Trades' proceeding, had no doubt been adopted Unions; because, if they had known anyby the learned Baron on the occasion thing about them, he was convinced no in question. He felt persuaded, that this such petition would have been forwarded. petition was only one of a series of appli- by them. Of all curses, that of the cations which would be presented to the Trades' Unions was the most abominable House on this subject; indeed, he said-not merely as affecting the masters, but so after communications to that effect from several hon. Members. He moved, that the petition be brought up.

more especially the poor unfortunate people who were compelled to join these unions. He had witnessed, in too many instances, the lamentable effects produced on those unfortunate persons who were compelled, by a system of the most horrible tyranny, to join unions of this description. He had known cases where parties were called upon to subscribe sums of money previous to their becoming members; and, if one-fifth part of the money thus spent were exacted by the Government, these very parties would at once have denounced such a tax as one of the most tyrannical nature. And yet men who might be earning 15s. per week, contributed 5s. out of that amount of wages per week under the compulsion of. the Trades' Unions-unions which were governed by a small number of persons, who were, too, delegated from place to place

Mr. Henry L. Bulwer, in the absence of the Secretary for the Home Department, begged leave to ask the right hon. Baronet, the First Lord of the Admiralty, whether there existed on the part of his Majesty's Government any intention to adopt measures for inducing a mitigation of the punishment awarded to those persons by the sentence passed by the noble Baron who had tried the offenders? The Act, which was passed during the French revolution, for the suppression of societies, did not, he apprehended, bear upon the present case. The prisoners had been sentenced under an Act which did not meet instances similar to that to which the petition referred. He should think it would be much better that the Act which applied to the suppression of un-in a way with which the members were lawful societies should be better defined; unacquainted; and then, for the purposes because it appeared that in this case it of secrecy, and with a view to secure took the learned Judge two days to con- themselves, these few parties administered sider whether he could pass sentence upon oaths to those who became members, in the accused. He availed himself of this order to prevent them from bringing those opportunity to state, that it was his inten-parties to justice. He himself had had a tion to move for leave to bring in a Bill communication from a Trades' Union at to amend the existing Act. He wished, however, on the present occasion, to ask the right hon. Baronet whether it was the intention of his Majesty's Ministers to recommend a mitigation of the punishment in this case?

Sir James Graham said, he was not able to give the hon. Gentleman any such assurance, as the matter was one which did not fall within the duties of his office. But he did not believe, as at present advised, that it was the intention of his Majesty's Ministers to recommend to his Majesty a mitigation of the punishment

Barnard Castle, in Durham (a place with which he was wholly unconnected), and these persons asked him such and such questions, whether such and such a thing could be done without an infringement of the law. Now it was obvious that these individuals were actuated by the same views as those which had been entertained by the men who had been tried in Dorsetshire. Their object, no doubt, was to compel persons to join the Trades' Unions. He had told these men, in reply to their queries, that every man was at liberty to sell his labour at the highest price he

pressing to the House his deep regret that such petitions as that before the House should be supported, the effect produced being only to multiply and aggravate the evil which existed. That this petition had been got up in a moment of popular feeling (he would almost venture to say of popular phrenzy) he could not doubt; especially when he looked to who was the Judge upon the occasion, and that the decision upon the sentence took two days' con

aware of the wretchedness which was caused by these unions (but which were disunions); and as he derived his information from various sources, he would merely observe-having heard the statement of the hon. Gentleman oppositethat he would, on a future occasion, move for leave to bring in a Bill to prevent Trades' Unions.

could obtain for it; that every man was | at liberty also to consult with others upon the best and fairest means which could be adopted to induce the masters. to give better prices, and that they were to do this by every peaceable means. But what was the operation of the present system? Why, it was obviously the object of these parties to compel men, not only of their own, but of other trades also, to join these unions. The Trades' Unions were existing not in one part of the king-sideration. As he (Mr. Rotch) was well dom only, but they were extended to every town and place. The masons, for instance, contributed to a fund with a view to induce the carpenters to strike for the purpose of compelling the masters in their trade to give higher wages; and this system actually pervaded the whole kingdom. One trade struck at one, time, and another a little time after, and thus, as in the case of the coopers lately, a strike was made without there being any foundation or reason for the wages being raised. In many cases, too, the journeymen who received better wages than ever they had received before were the first to spread these Unions. With regard to the learned Baron who had tried these men, he was satisfied that no man, who knew that learned Baron's liberal principles and general character, would not feel convinced that he would do everything to protect the accused; no man could be more disposed to this than the learned Baron. But the law compelled the learned Baron to act as he had done; and, for his own part, he was glad that such a construction had been put upon the law. He was quite sure, that if the Judge had not put such construction upon the existing law, the hon. Gentleman opposite, instead of bringing in a Bill to allow of Trades' Unions, would have introduced a law to put an end to the administering of illegal oaths. He was satisfied that the learned Baron had felt it his duty to make an example of these parties, because he thought it necessary to show the community at large that such practices were not to be tolerated. He hoped the House would never accede to the prayer of the petition.

Mr. Henry L. Bulwer explained. His object was, not to encourage these proceedings, but, looking to the uncertainty of the existing law, to bring in a Bill to amend and define that law.

Mr. Warburton said, it was not his wish or intention at that moment to discuss the policy or legality of Trades' Unions. The question, however, which he begged to ask, in favour of these accused persons, was whether, previous to the interpretation of the Act by the learned Judge, the law was so clear that a man might and ought to know whether, if he committed such an offence as that committed by these persons, he could be sentenced, under that law, to transportation? What was the difference, then, between a law which was not defined, and the law of Caligula, which was written in such small characters that few could read it? It appeared that, in the instance then under their consideration, it had taken the learned Judge two days to weigh the question, in respect to the punishment to be awarded. Was not this at least an admission that the law was so obscure that it required a Judge to ponder over it for two days? How, then, could a poor agricultural labourer 'know whether he infringed the law or not? He did not agree in the principle which had been laid down by the hon. member for Oxford, that they were not to consider the efficacy of example, because that was the principle upon which every sentence was founded. What he contended for was, that if the law was not clear, they should not visit these parties with a severe punishment in a case where a forced construction was put upon the law. He would maintain, that the law was not clear; and, however ex

Mr. Rotch could not refrain from ex-pedient it might be to introduce a Bill to

{COMMONS} Dorchester Labourers.

put down Trades' Unions, &c., such mea-
sures were greatly prejudicial to the free
intercourse of labour.

732

unite for their mutual benefit; but it was proper also, that that right should be placed his own part, confess, that to him the alarm within certain restrictions. He must, for which had been expressed by some hon. Members, with reference to Trades' Unions, was greatly exaggerated.

with the independence of judgment in the Judges, and the prerogative of mercy in the Crown. It was quite competent for the petitioners, if they desired a change in the law, to petition that House in favour of such change; or, if they thought the criminals in question deserving objects of mercy, to petition the Crown on their behalf.

Sir James Graham trusted that, after what had fallen from the hon. member for Bridport, he might be allowed to offer a word or two in explanation, as that hon. Gentleman had, he was persuaded, quite unintentionally, mis-stated a fact. It had had preceded him could deprecate more Mr. Shaw said, no hon. Member who been stated by the hon. member for Brid-strongly than he would any course tending port, and by the hon. Gentleman who to the encouragement of Trades' Unions; preceded him, that it had taken the yet he thought there was a still stronger learned Judge two days to consider whe-objection to the petition, as interfering ther the law applied to this case or not. Now as he (Sir James Graham) was informed, the learned Baron stated fully, after the investigation had been gone into and when he summed up his charge to the Jury, that the statute in question did apply. He said this without any hesitation upon the subject; but he did that which, as a merciful Judge, he was bound to do after laying down the law to the warned the House, that if they, on light Jury in his charge; the Jury, having and trivial grounds, entertained complaints He, on a recent occasion, had heard the facts of the case, and the law of the judicial acts of the Judges, their as described by the Judge, found a ver- Table would be crowded with petitions like dict of guilty against the prisoners, with- the present, and that House would be out hesitation; the learned Baron did not converted into a most inefficient and unhesitate as to the application of the law, satisfactory court of appeal. He trusted, but with regard to the extent of mercy too, that mercy was not to be adminiswhich might be shown in respect to the tered by the Sovereign through the mepunishment of an offence which at the pre-dium of a popular assembly, but preserved sent period was one of great importance. He certainly should be sorry that anything which passed in that House should prejudice the question; and he bound to say, that, looking at the cirwas cumstances of the country in regard to this subject, agreeing as he did in the opinion which had been expressed by the hon. member for Bridport, that punishments were not inflicted merely passed, begged to remind the House that Mr. Hughes Hughes, after what had as carrying with them vengeance against the petition had not been presented at his the offender, but in order to make an ex-instance. It was prepared in the course ample which should induce men to reflect of yesterday, and he had never heard of and turn away from similar crimes, and it till its arrival this morning. After the thinking with the hon. member for Bridport, course he had lately taken in the case of that this was the object of punishments, Baron Smith, the House would believe he was bound to say, as at present ad- that he would be one of the last persons vised (and he did not see such a necessity), to encourage petitions of interference with that no ground existed to induce the Go- the judicial office. vernment to advise the Crown to mitigate duty to give expression to the views and the sentence which had been passed in opinions of so large a body of his constiHe had seen it his this instance. Colonel Evans condemned the indiscri- not uphold or attempt to justify the contuents, who, it should be remembered, did minate denunciation of Trades' Unions.duct of these men, but only expressed Such indiscriminate denunciations were not justifiable in that House or elsewhere. punishment awarded to them was disproa calm and temperate opinion, that the He thought that trades had a right to portioned to their offence.

and guarded by the Crown as a preroga-
tive peculiarly its own.
account, he was almost sorry that the
On this latter
what was likely to be the decision of the
right hon. Baronet had even intimated
Crown in the matter; although his opinion
and the right hon. Baronet's, were in com-
plete accordance on the subject.

The Petition to lie on the Table.
The House adjourned for the Easter
Holidays till April 14th.

HOUSE OF LORDS,
Monday, April 14, 1834.

MINUTES.] Petitions presented. By Earl GREY, from
the High Sheriff and Grand Jury of Tipperary, against

the Repeal of the Union; and from Glasgow &c., against the present System of Church Patronage in Scotland. By

the Earl of ROSEBERY, from Stirling, and other Places,

to the same effect.—By the Earl of HADDINGTON, from the Presbytery of St. Andrew's, against any Alteration in the present System of Church Patronage in Scotland. By the Earl of ROSEBERY, Lord SUFFIELD, and Lord BEXLEY, to the Dissenters. By the Earl of CARLISLE, from the Hand-Loom Weavers of Cockermouth, for a Board of Bramford and Warnham, for Renewing and Extending

from a Number of Dissenting Congregations,-for Relief

Trade, and for Relief.-By the Duke of RICHMOND, from

the Labour-Rate Act. By the Duke of WELLINGTON,

from a Number of Places, for Relief to the Agricultural

Interest. By the same, and by the Earl of WESTMORELAND, from several Places, for Protection to the Established Church.

HOUSE OF COMMONS,

Monday, April 14, 1834.

MINUTES.] New Writ ordered. On the Motion of Mr.
CHARLES WOOD, for Perthshire, in the Room of the Earl

of ORMELIE, now Marquess of BREADALBANE.
Bill. Read a second time:-Clerk of the Pipe (Scotland).
Petitions presented. By Sir JOHN WROTTESLEY, from the
Friendly Benefit Societies of Wolverhampton, for the
Amendment of the Friendly Societies Act.-By Lords

MORPETH and PALMERSTON, from several Bodies of
Dissenters, for Relief.-By Mr. O'CONNELL, from several
Places, for the Repeal of the Union, and against Tithes.
-By Sir CHARLES BURRELL, Mr. MILES, and Lord
MORPETH, from several Places,-for the Better Observance

of the Sabbath.-By Lord CHARLES RUSSELL, from
Watford, for the Establishment of Local Courts.-By Mr.
MILES, from a Number of Places, for Relief to the Agri-
cultural interest.—By Mr. CHRISTMAS, from Waterford.
for the Reciprocity of Duties Act; and from the same

Place, against the Repeal of the Union.

of these unfortunate men into consideration.

Mr. Hardy had been represented as entertaining an opinion unfavourable to Trades' Unions; but he had stated, as strongly as he could, that he saw no objection to workmen entering into a combination to better their condition by refusing to work under certain wages. He added, that it could not be endured in any country governed by law, that they should compel others, by intimidation and force of arms, as it were, to join them. In 1832, a murder was committed near the town he represented, because a person did not obey the orders of the Union; and although fourteen or fifteen persons were concerned, no discovery of the perpetrators had yet been made, those who it was thought could give information, being afraid to do so. This was the kind of conduct that could not be suffered. At the same time, that he maintained the right of the workmen to associate to benefit their condition, he must say, that he did not think the Unions had done them much good; and those which had been conducted upon the same principle as that at Exeter and some others, had been the ruin of the workmen, who were deluded by the Committee-men and Treasurer into keeping up an agitation by which they profited.

Sir Charles Burrell contended, that the friends of liberty who upheld the Trades' Unions, who obliged men to leave their employers when they pleased, were acting most unwisely; could there be a greater tyranny than to force men to leave their masters and join bodies that were collect

monstrous that such bodies should be allowed to continue to have such a power as that to which he had adverted.

TRADES' UNIONS. THE DORCHESTER LABOURERS.] Mr. Craven Berkeley pre-ing funds for illegal purposes? It was sented a Petition from the inhabitants of Cheltenham, numerously signed, praying that the House would present an Address to his Majesty, to mitigate the punishment Major Beauclerk thought Trades' and of the Dorchester agriculturists for admi-other Unions were founded in justice, and, nistering unlawful oaths. He did not feel it was because he felt so, that he gave it necessary to enter into the subject, as them his support. At the same time, he the men to whom it related had already admitted, that nothing could be more unleft the country. wise, or, indeed, more unjust, than that Mr. Ruthven said, that it was very hard any Union should act in the way stated by that men should be punished for a crime the hon. Baronet. He regretted to find which they had ignorantly committed. that there were some misguided men beHe thought that conciliatory measures longing to the Trades' Unions; but was would be much more effectual in sup- that a reason why they should be suppressing the Unions than such severe mea-pressed altogether? Were there no such sures as had been adopted with respect to the Dorsetshire Unionists. He hoped his Majesty's Ministers would take the case

things as unions of gentlemen to put down paupers and poachers? He had seen many a poor wretch banished from his

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