only witnesses produced against him were a letter-carrier and a secretary of the post-office. The latter had opened the letters and taken them to the ministers. During the government of the younger Pitt, when letters addressed to Englishmen were opened, the words "Opened and read by the government" were inscribed outside.* This did not, of course, take place in the case of letters of foreign ambassadors, which were opened as an everyday occurrence whenever consigned to the post.† The committees adduced orders which had been issued by Fox in the year 1782, wherein he directed the detention and opening of letters of the foreign ambassadors. Lord Tankerville further bore witness to the reality of such orders, and moreover that the letters from and to Lord George Gordon (that famous eccentric who eventually lapsed into Judaism), had been submitted to a like ordeal. The Lords' committee reported that it was to be assumed, as a general rule, that in the 18th century all letters of foreign ambassadors were sent by the postmaster-general for the inspection of the minister of foreign affairs. The committee added, by way of consolation, that the postmaster-general, on ascertaining that there was no sufficient legal authority for such a practice, had since June 1844 discontinued the same.§ Credat Judæus Apella! he would scarcely have been previously kept in the dark as to the point of law. When the Emperor Nicholas came to London, in 1844, the Home Secretary, Sir James Graham, thought himself bound, with a view to the safety of the Emperor, to issue several "general warrants" respecting the opening of letters. Amongst others he issued: 1. On 17th April, 1844, an order that "all letters" for Mr. Worcell and Mr. Stultzman; and 2. On 5th June, an order that "all letters" to Herr Grodicki in Paris, were to be opened. Finally, on the ground that Mazzini was devising an insurrection in Italy, an order was issued for all letters from him and to him to be detained and opened. During four months, the Minister of Foreign Affairs, Lord Aberdeen, was thereby kept completely advised as to all Mazzini's correspondence, and the noble lord did not fail to communicate, in the interest of the peace of * Portfolio, 1844, iii. 646. + Commons' Rep. 16. Miss Martineau, Hist. Eng. iv. § Lords' Rep. 3. Europe, to foreign powers the intelligence which he had surprised.* The committee stated that from 1799 to 1844 inclusive, 372 such orders were issued; in 1812, 28; 1831, 17; 1839, 16; and 1840, 20. On an average eight annually. When the post-office law of 1830 and 1837 was changed, it was twice resolved that special warrants on the part of the secretary of state were a needful measure. The parliament, however, allowed the matter, by a mutual compromise of parties, to lie over. All parties had been indulging in a like illegality; all the ex-ministers had, of their own accord, availed themselves of the self-same expedient as Sir James Graham, and the respective parties pronounced a mutual acquittal, so as not to risk a mutual peril. That no amelioration in regard to postal exemption was introduced, may be taken as a matter of course. As we have seen, the secretary of state can only in exceptional cases lawfully cause letters to be opened; it may be doubted whether any party-minister should be entrusted with such powers; but the irresponsibility of ministers, which all parties unanimously uphold, has hitherto allowed ministers to violate, far beyond all legal measure, one of the most sacred asylums of human thought. * Lords' Rep. 2. +"Anti-Graham protective enve lopes" were at the time advertised in all the newspapers. Miss Martineau, vol. iv. CHAPTER XI. THE RIGHT OF PETITION. Limitations after the Restoration.-The "Bill of Rights" insures Right of Petition. -Popular Meeting intending to Petition, forbidden in the neighbourhood of the Parliament Houses. THE restoration introduced restrictions on the right of petition, which had been carried to an enormous height in the times preceding the grand rebellion. By 13 Charles II., s. 1, c. 5, a petition to the crown or either house of parliament for alterations in church and state might only be signed by twenty persons, unless the contents had been previously approved, in the country by three justices of the peace, or the majority of the grand jury at the assizes and quarter sessions; and in London, by the lord mayor, aldermen, and common council. No petition, as a general rule, could be presented by a company of more than ten persons. A penalty not exceeding £100, and three months' imprisonment, sanctioned these provisions. The Bill of Rights (1 William and Mary, s. 2, c. 2), expressly guarantees the right of the subjects to petition the king, and declares all commitments and prosecutions for such petitioning illegal. Whether the statute 13 Charles II. c. 5 has been thoroughly repealed has been much controverted; at all events, it has become obsolete, and therefore will not again be resorted to. By 57 George III., c. 19, s. 23, every meeting in the open air consisting of more than fifty persons, for the purpose of considering or preparing any petition to king or parliament, is forbidden within the circuit of one English mile from Westminster Hall, on any day on which the two houses, or either house, of parliament shall meet and sit, or shall be summoned or ad. *Bl. iv. 148. journed, or prorogued to meet or sit, on any day on which the courts shall sit at Westminster Hall,-every such meeting is made by the act an unlawful assembly. Respecting the form of petitions to parliament, and the mode of conducting them, we shall give all needful particulars in Book VII. I CHAPTER XII. THE RIGHT OF MEETING AND ASSOCIATION. Prohibition of Political Speeches.-Of Secret Societies. Of the Reciprocal Intercourse of Political Societies.-Assemblages calculated to Disturb the Peace.— Riot Act. In the reign of Charles II. (1678) all political associations in coffeehouses were prohibited. With the Revolution of 1688, however, political discussion and meetings in coffee-houses revived. By 39 George III., c. 79, every political association is unlawful, where the members are bound on oath and under obligation, or have signed any declaration or engagement not authorized or required by law. Again, societies where the names of the members are kept secret, or where a part of the leaders is not made known to the general body; further, where the society consists of several branches, and has special officials for each branch. Religious and benevolent associations and freemasonries are excepted. Localities used for debating clubs and reading rooms are to be licensed by two justices of the peace. 57 George III., c. 19, forbids the assembling of any association (scientific and benevolent associations excepted), and the assembling, by delegates, of several unions in one convention. Since 9 and 10 Vict. c. 33 (1846), indictment in such case is withdrawn, and only the law officers of the crown, the attorney and solicitor generals, are empowered to proceed by "criminal information;" for the time being this statute slumbers. Meetings of three or more persons for the purpose of disturbing the peace are forbidden and punishable, whenever assembled, so far as a reasonable man may determine, to disturb the peace. All who are present at any unlawful and riotous assembly, consisting of twelve persons, if they contemn the orders of a magistrate, etc., to disperse, and continue together for one hour afterwards, are guilty of felony. According to 13 Henry IV. c. 7, two justices of the peace, accompanied by the under-sheriff and the posse * Gneist, ii. 246. |