CASE OF FRANCIS SISK—PUBLIC PROCESSIONS. (Hansard, 8 December 1830)

§ Viscount Melbourne
said, that their Lordships were probably aware that there was in the custody of the officer of that House an individual charged with the commission of a heinous offence within their Lordships' jurisdiction. It was 822 equally probable, however, that their Lordships would generally be of opinion that the most proper and convenient course to follow on this occasion was, to order the individual in question to be handed over to the Civil power, in order that he should be dealt with according to the ordinary process of the Courts of Law. He would, therefore, move, that Francis Sisk, now in the custody of the Usher of the Black Rod, be delivered over to the Civil power, in order to be dealt with acccording to law.

§ The Duke of Wellington
wished to take that opportunity to advert to a matter which was of much more importance than the conduct of an individual,—he meant the procession which had taken place that day, through the streets of the metropolis, to the Palace at St. James's. That procession had been attended by a large body of people; it had occasioned large assemblages in the streets through which it had passed; and he therefore begged leave to call the attention of the noble Lord (the Secretary for the Home Department) to the circumstance, if it had not already attracted his attention. It seemed to him to be a very important matter, and as such he wished to hear what steps had been taken with respect to it.

§ Viscount Melbourne
said, that he was glad the noble Duke had called their Lordships' attention to the transaction, and he would, in a few words, give them a satisfactory explanation as to the whole circumstance from the beginning, and the whole course of proceeding which had led to the procession alluded to by the noble Duke. Almost the day after that upon which he had received the Seals of Office, he was waited upon by a deputation of the united trades of the City of London, who stated, that in consequence of the very severe disappointment which the City had experienced, from the putting off his Majesty's visit to the Lord Mayor, they were anxious to be allowed to present an Address to his Majesty, to testify their loyalty to his Majesty, and their firm attachment to the Laws and Constitution of the realm. Seeing no objection whatever to the presentation of such an Address, the more especially as they stated that it would be presented by a deputation of three individuals at the levee, he undoubtedly took his Majesty's pleasure concerning it: and his Majesty was graciously pleased to give his assent to its present- 823 ation. It was then understood that it was to be presented by three individuals, in the ordinary manner, at the levee. In the course of yesterday, he was greatly surprised, however, by learning from handbills which were laid before him, and which had been posted up in the different streets of the metropolis, calling on all the trades to unite and meet together to accompany this deputation to St. James's Palace, that the trades intended to have a public procession. On inquiry, he thought it necessary to take some measures as soon as possible, and he immediately consulted all the civil authorities on the subject, the heads of the police departments, the magistrates, &c, and they were all distinctly of opinion, that it would be much better to suffer the procession to take place, as proposed, than to prevent it by authority. They stated, that if the procession were allowed to proceed, they would be answerable for the consequences, and for the complete preservation of the public peace along the whole line it would have to traverse. Under these circumstances, he thought it should be allowed to take place, and that no measures of a strong nature should be adopted to put it down. He had now reason to be pleased with having followed these suggestions, for the procession had taken place in the most tranquil manner, and without any disturbance whatever of the public peace. He trusted, therefore, their Lordships would think, that, under all the circumstances, he had adopted the wisest course in not interfering with the wishes of the people.

The Lord Chancellor
wished to add one word to what had fallen from his noble friend. The number of the persons assembled was certainly great, inconveniently great, of course, because the assembling of large numbers must always be more or less dangerous to the public peace. Still, however, if great numbers of the trades, or of other persons, were to say that they should like to see their Sovereign, or to accompany those who carried up an Address, how were their Lordships to prevent them doing so? The people might walk the streets if they pleased, and St. James's-street or Pall Mall were not exceptions; and they might walk with or without banners, the law would not justify any interference, much less the exertion of force, unless there was a probability of a breach of the peace. There was no such proba- 824 bility in this case; and he must say, he quite agreed in the advice which was given to his noble friend by those persons who were certainly very competent to advise in such a case, because they were the persons who, being answerable for the preservation of the peace, must be most alive to any danger of the peace being broken. The assemblage was no doubt to be regretted, but to be regretted only because all assemblages of large numbers were inconvenient. Nevertheless, the assemblage was perfectly legal. Before he left the Palace he had been careful to ascertain how these persons had conducted themselves, and he had found that their demeanour, as they passed along the streets, and while they were waiting outside the Palace, was perfectly quiet and peaceable. Though they lingered sometime about the Palace, probably in the expectation that his Majesty might appear at one of the windows, and that so they might obtain a sight of their Sovereign: although his Majesty did not appear, yet they expressed no symptom of impatience or disappointment, and committed no outrages, or behaved in any manner incompatible with good order, and the preservation of public peace.

§ The Duke of Wellington
said, that he did not know that the Government had received any information upon the subject, or he should not have mentioned it. As to the assemblage being a legal one,—he had not the Act of Parliament by him,— but he believed it to be altogether illegal. He thought such a proceeding contrary to the law. However, it was without any knowledge of those circumstances which the noble Viscount had stated, that he had felt it his duty to call the attention of the noble Viscount thus publicly to the subject,—and he must say, if such an assemblage were not contrary to the law, it was certainly extremely dangerous to the public peace.