26 NOVEMBER 1831, Page 3

Tilt: UN1ON.—The Council of the Union met on Tlies■ day,

for the purpose of considering the plan Of organieetiou t. LW, had been submitted to the Union the previous week. Mr—Attwood, time Chairman, delivered a brief address ; in which he denied, on the afire hand, that there existed oil the pert of the Union the slightest desire to overstep the law, reel ridiculed the faisehoods of the Tory journals, which had affirmed that t n theusand of the Union had gone to London in order to excite the populace there ; and, on the other hand, that the Union owed any portion of its present power to the Ministry of the day, while in fact it had grown up tinder the Alministration of time Doke of Wellington. Mr. Joseph Parkes then spoke at length on the legality of the rules and rtemlations which it was the object of the meeting to consider. Mr. Parkes is not a member either of the Union or of the Council ; and his opinions on the subject of Unions eenerally, we think, are mule, and hastily formed ; and proceed, as almost all lawyers' opinions do, on a very narrow and imperfect induction ; but he is a sound jurisoonsult, ant la warm and steady and uninmenehed friend of Reform. Mr. Parkes's observationson the iegality of the proposed orga- nization are, perhaps, the more worthy of attention, that they preceded the arrival in Birmingham of the Royal prochmation, which denounces associations regulated as it was meant that the Birmingham Union should be. We says:ereaps, because it is probable that the views and intentions of Government were known in Birmingham, though the proclamation had not arrived.

Mr. Parkes spoke, in the first place, of the legality of unions or asso- ciations such as time Union of Birmingham was and is, laying the pro- posed regulations aside. "The rights to meet, to petition, to associate, were the privileges of Englishmen before statute law existed. The com- mon law of the land only restricted those rights within the precincts of law and social order. Mr. Hume, the historian, wrote that the first attempt towards an ei for a plan of lihertv, was the array of the Barons and their dependents against King- John, when they refesed to aid him in Normandy unless he restored and gave security for their liberties, Lord Lvttleton describes the association to support William the Bastard—for some kings were undeniably iliegitimete. General associations, under the banner of the law, were formed in defence of Elizabeth, and William and Mary. Political combination banished the Stuarts from their crown and country. A grand national associetion was proposed in the House of Commons ia 100, against Popsry and Roman Catholic kings. In 1744, the London merchants formed them- selves into a political society; and the whole county of York associated and arrayed themselves in support of the dynasty and constitution. But he would give them an irrefragable proof and precedent for political as- sociations : in 1698 the people commenced associations and declarations in favour of William the Third ; the King and his Ministry not only sanctioned, lint legalized their formation ; mal statute law was passed, the 8th It-ill:me III., c. 27, reciting, whereas great numbers of his Majesty's subjects have entered into and subssribed an association,' and then enacted that it was 'good and " On this paint he read a curious extract from an old work on Parliamentary Reform. " Mr. Burgh, an able political writer, who treated of this historical fact, sin- gularly remarked, ' Yon have here a model for an association for re- storing adequate representation and an unliribed House of Commons ;' and he prophetically pointed out the means of destroying corruption by association—i And now, in the name of all that is holy, let its consider whether a scheme may not be laid down for olitaining the necessary re- formation of Parliament. Before all other things, there must he esta- blished a Grand National Association for restoring the Constitution. Into this must be invited all men of property, all friends to liberty, all able commanders. There mnst be a copy of the Association in every parish, and a parochial committee to procure subscriptions front till per- sons whose names are in any tax.beok, and who are willing to join the association. And there must be a grand committee for every county in the three kingdoms, and in the colonies of America.'" [This is very similar to time plan of National Unions that we promulgated three weeks ago.] Mr. Parkes went on to consider the proposed reg-ulations. "The pro- posed organization of the Union was illegal in the common law. It as- strmed to 'act as an efficient body of police in the maintenance of the laws, in the protection of persons and property.' It further appointed aldermen, tithingmen, constables, and municipal officers, with various badges of distinction;' for purposes otherwise provided for bylaw. The common law clearly considered this as a conspiracy to assume the powers and offices of the law. If it was allowed to One class of men thus to constitute and assume civil authority for good objects, what could prevent had men froth. associating for bad objects ? Such an assumption of power also ptesup pOsed the array of force. Without force, such an organization was an empty shadow ; with force, it was above the law; and no sensible man, certainly-no lawyer; could say that the project in such a case was legal

Ieing against the law, Government would be bound to put it down ; and let the Council bear in mind, that their Union, however otherwise legal, becoming tainted with one illegal act, would be deemed altogether

an illegal body, and treated as such. He would further warn them, that a proposition t.) do an illegal act was, by the law, considered in intention

equally illegal with the act itself." Mr. Parkes went on to mention four acts of Parliament, having reference to public associations, meetings, and political publications. " The first act, passedin 1799 [39th Geo. III.,

c. lxxix.], distinctly and expressly prohibited any subdivisions of a poli- tical association or union, treating such subdivisions as so many several corresponding societies. He would read the section—' And every society which shall be composed of different divisions or branches, or of diffe- rent parts, acting in any manner separately or distinct from each other or of which any part shall have any separate or distinct president, secre- tary., treasurer, delegate, or other officer, elected or appointed by or for such part, or to act as an officer for such pat, shall be deemed and taken to he unlawful combinations and confederacies ; and every person who, from and after the passing of this act, shall become a member of any such society, or who, being a member of any such society at the passing of this act, shall afterwards act as a member thereof; :ind every person who, ;true' the passing of this zee., shall directly or indirectly maintain correspondence or intercourse with any stud' society, or with any divi- sion, branch, committee, or other secret body, president, treasurer, se- cretary, delegate, or other officer, or member thereof as such, or %vim shall, by contribution of money or otherwise, aid, abet, or support such society, or any members or officers thereof as such, shall be deemed guilty .of an unlawful combination and confederacy.' That statute was still in force. The statute of 1319, to suppress Seditious meetings and assem- blies,' was one of the Six Acts—the black acts—which were passed for five years, and which partially expired in 1825. One, however, of that batch of unconstitutional laws, the Act for the more effectual preven- tion and punishment of blasphemous and seditious libels,' passed in 1819, was, he believed, yet in force. The last statute he would mention, was that of1817, the 57th Geo. I II. c. 19, fur the more effectually prevent- ing seditious meetingsand assemblies !' That act was commonly sup- posed to be dead, as indeed it was so far as its 22nd section was con- cerned, which expired on the completion of its first year after the pass- ing of the act—in 1818 ; but all the other sections of the act were now in force. Now this was the law. Did they mean to keep within it ? If 141), he did not doubt but that they would as frankly and publicly record their rejection of the project, as they had innocently, and ignorant of the labyrinths and confusion of the law, put it forth for consideration that evening."

Mr. Parkes concluded with a few sentences of sturdy political truth, " The Boroughmongers could not overcome nature and the new ele- ments of society. More persons, as proved by the parish registers, were now born in Birmingham in one day than in a whole year at the last settlement of the constitution.' Only seventy years since. Dr. Priestley established in Birmingham the first voluntary association for popular in- struction; and in December last, 22,000 males of the town and neigh- bourhood signed in their own legible handwriting the Reform petitions. Let the Boroughmongers, if they could, deal with these altered times, and try to deny to them altered institutions. Let their arch-secretary, 111r. Croker, read his Life of Johnson,' and there he would see that ninety years since there was but one bookseller's shop in Birmingham." Mr. Parkes's speech was received with great applause ; and on the motion of 3Ir. Roscoe Attwood, son of the Chairman, the Council una- nimously resolved," That, in entertaining the proposed plan for the or- ganization of the members of the Union, they had been solely actuated by the desire of putting itself in a situation which would enable it to be of more service in assisting to preserve the peace during periods of vio- lent popular excitement, and thereby enable them to give the most effi- cient support to their patriotic Sovereign, and his enlightened Ministers,

in completing the great work of Parliamemary Reform. That having

heard the legal arginnor s of 31r. Parkes, tel to show that the pro- posed iii•gatiiit ion would be a measure of questionable legality; and being haand by the ori:.;,'inal roles and regulations of the Union to keep strictly within the pale of the law ; and this principle having been still more pointedly enforced at one of the first general meetings of the Union, when a regulation was adopted, to the effect, that if any mem- ber of the Union should be guilty of any breach of the law, he should, by that very act, cease to he a number of the Unionand being fully c eivineed that, in the present urgent crisis, it is of the last importance that every good subject, every friend of the liberty and the happiness of his fellow-countrymen, should give all possible support to the just, aide, and patriotic Administration of Lord Greg, and that no needless difficulties slantld be thrown in his pate; and being also of opinion that it might tend to increase the difficulties which at present surround both the King and his M Misters.' if any step should be taken by this Council, or by any other body of. Reformers, which might either be illegal, or trench so

closely on the confines of the law as to render the fact of its legality a subject of dispute ; considering all these things, it was resolved unani- mously, that the plan for the organization of the members of the Union he abandoned:'

And it is abandoned accordingly. The thanks of the Council were then voted to Mr. Parkes, for his honest and judicious counsel ; and an address was agreed on to the King, praying him to exercise his undoubted prerogative in creating Peers. The meeting then separated.

Tim NATIONAL Poraricar. Uatosa—The Council held a meeting on Thursday evening ; when the following were agreed on as the objects to which its attention was to be directed.

"1. To obtain a full, fair, and effectual representation of the people in the COM- 'noes House of Parliament. " 2. To support the King and his Ministers against a corrupt faction, in accom- plishing their great measure of Parliamentary Reform. "if. To watch over and promote the interests, and to better the condition, of the industrious and working classes. " 4. To obtain the abolition of all taxes on knowledge, and to assist in the diffu- sion of sound moral and political information. "5. To unite all wellwishers to their country, from the richest to the poorest, in the pursuit of those important objects. "6. To preserve peace and order in the country, and to guard against every con- vulsion which the enemies of the people may endeavour to bring about."

On the subject of the Royal Proclamation, the following resolutions were proposed-

01. That as the souse of Commons has declared Itself, by a large and triumphant

majority, to be no longer representatives of the People, Political Unions are more than ever necessary at the present moment, as organs for the voice of the Nation.

" 2. That this Council deem it necessary to point out, that his Majesty's proclamation against illegal associations, applies only to unions which have divi- sions and subdivisions, under leaders subject to the control of a General Council and that consequently the National Political Union; and the greater number of simi- larly constituted unions throughout the country, are strictly legal. "3. That this Council earnestly invite every man, having peace and order at heart, to enrol himself a member of the National Political Union ; which, instead of infringing, will always support the law, and of which the principal object is the overthrow of a vile oligarchy that has long existed in violation and defiance of rea- son, truth, and j ti ce., "

Some objection was made to the first of these. A Mr. Knapp ob- served, that the public could only get at the self-condemnation of the House of Commons by inference ! Mr. Knapp, we suppose, belongs to the theoretical division of the Council. The Chairman, the Reverend. Mr. Fox, very justly observed, that the only objection to the resolution was, that it tended to place Political Unions in a false position. " It was not owing to the Reform Bill, or its rejection, that the Unions were necessary ; they were necessary before the Reform Bill had been agi- tated, and they would be necessary after it should be passed."